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SECTION 1. INCREASED ENFORCEMENT UNDER HORSE PROTECTION ACT.
(a) Definitions.--Section 2 of the Horse Protection Act (15 U.S.C.
1821) is amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
paragraphs (2), (3), (4), and (5), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1) The term `action device' means any boot, collar,
chain, roller, or other device that encircles or is placed upon
the lower extremity of the leg of a horse in such a manner that
it can--
``(A) rotate around the leg or slide up and down
the leg, so as to cause friction; or
``(B) strike the hoof, coronet band, fetlock joint,
or pastern of the horse.'';
(3) in paragraph (2) (as so redesignated) by inserting ``,
including the sponsoring organization and event manager''
before the period; and
(4) by adding at the end the following new paragraph:
``(6)(A) The term `participate' means engaging in any
activity with respect to a horse show, horse exhibition, or
horse sale or auction, including--
``(i) transporting or arranging for the
transportation of a horse to or from a horse
show, horse exhibition, or horse sale or
auction;
``(ii) personally giving instructions to an
exhibitor;
``(iii) being knowingly present in a warm-
up area, inspection area, or other area at a
horse show, horse exhibition, or horse sale or
auction that spectators are not permitted to
enter; or
``(iv) financing the participation of other
individuals in any horse show, horse
exhibition, or horse sale or auction.
``(B) Such term does not include spectating.''.
(b) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) in paragraph (3)--
(A) by inserting ``and soring horses for such
purposes'' after ``horses in intrastate commerce,'';
and
(B) by inserting ``in many ways, including by
creating unfair competition, by deceiving the
spectating public and horse buyers, and by negatively
impacting horse sales'' before the semicolon;
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(6) the Inspector General of the Department of
Agriculture has determined that the program through which the
Secretary inspects horses is inadequate for preventing the
soring of show horses; and
``(7) despite regulations in effect related to inspection
for purposes of ensuring that horses are not sore, violations
of this Act continue to be prevalent.''.
(c) Horse Shows and Exhibitions.--Section 4 of the Horse Protection
Act (15 U.S.C. 1823) is amended--
(1) in subsection (a)--
(A) by striking ``appointed'' and inserting
``licensed''; and
(B) by adding at the end the following new
sentences: ``On the first instance in which the
Secretary determines that a horse is sore, the
Secretary shall disqualify the horse from being shown
or exhibited for a period of not less than 180 days. On
the second instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than one year. On
the third instance in which the Secretary determines
that such horse is sore, the Secretary shall disqualify
the horse for a period of not less than three years.'';
(2) in subsection (b), by striking ``appointed'' and
inserting ``licensed'';
(3) by striking subsection (c) and inserting the following
new subsection:
``(c) Licensure, Training, and Assignment of Inspectors; Manner of
Inspection.--(1)(A) Not later than 180 days after the date of enactment
of this subsection, the Secretary shall prescribe by regulation
requirements for the Department of Agriculture to license, train,
assign, and oversee persons qualified to detect and diagnose a horse
which is sore or to otherwise inspect horses at horse shows, horse
exhibitions, or horse sales or auctions, to be hired by management of
such events, for the purposes of enforcing this Act.
``(B) If the Secretary determines that the performance of a person
licensed in accordance with subparagraph (A) is unsatisfactory, the
Secretary may, after notice and an opportunity for a hearing, revoke
the license issued to such person.
``(C) Licensure of a person in accordance with the requirements
prescribed under this subsection shall not be construed as authorizing
such person to conduct inspections in a manner other than that
prescribed for inspections by the Secretary (or the Secretary's
representative) under subsection (e) of this section.
``(2)(A) Not later than 30 days before the date on which a horse
show, horse exhibition, or horse sale or auction begins, the management
of such show, exhibition, or sale or auction may notify the Secretary
of the intent of the management to hire a person or persons licensed
under this subsection and selected by the Secretary to conduct
inspections at such show, exhibition, or sale or auction.
``(B) After such notification, the Secretary shall assign a person
or persons licensed under this subsection to conduct inspections at the
horse show, horse exhibition, or horse sale or auction.
``(3) A person licensed by the Secretary to conduct inspections
under this subsection shall issue a citation with respect to any
violation of this Act recorded during an inspection and notify the
Secretary of each such violation not later than five days after the
date on which a citation was issued with respect to such violation.'';
and
(4) in the heading for subsection (e), by striking
``Appointed'' and inserting ``Designated''.
(d) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) in paragraph (2)--
(A) by striking ``or (C) respecting'' and inserting
``(C), or (D) respecting''; and
(B) by striking ``and (D)'' and inserting ``(D)
causing a horse to become sore or directing another
person to cause a horse to become sore for the purpose
of showing, exhibiting, selling, auctioning, or
offering for sale the horse in any horse show, horse
exhibition, or horse sale or auction, and (E)'';
(2) in paragraph (3), by striking ``appoint'' and inserting
``hire'';
(3) in paragraph (4)--
(A) by striking ``appoint'' and inserting ``hire'';
and
(B) by striking ``qualified'';
(4) in paragraph (5), by striking ``appointed'' and insert
``hired'';
(5) in paragraph (6)--
(A) by striking ``appointed'' and inserting
``hired''; and
(B) by inserting ``that the horse is sore'' after
``the Secretary''; and
(6) by adding at the end the following new paragraphs:
``(12) The use of an action device on any limb of a
Tennessee Walking, a Racking, or a Spotted Saddle horse at a
horse show, horse exhibition, or horse sale or auction.
``(13) The use of a weighted shoe, pad, wedge, hoof band,
or other device or material at a horse show, horse exhibition,
or horse sale or auction that--
``(A) is placed on, inserted in, or attached to any
limb of a Tennessee Walking, a Racking, or a Spotted
Saddle horse;
``(B) is constructed to artificially alter the gait
of such a horse; and
``(C) is not strictly protective or therapeutic in
nature.''.
(e) Violations and Penalties.--Section 6 of the Horse Protection
Act (15 U.S.C. 1825) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in
paragraph (2) of this subsection, any person
who knowingly violates section 5'' and
inserting ``Any person who knowingly violates
section 5 or the regulations issued under such
section, including any violation recorded
during an inspection conducted in accordance
with section 4(c) or 4(e)''; and
(ii) by striking ``more than $3,000, or
imprisoned for not more than one year, or
both.'' and inserting ``more than $5,000, or
imprisoned for not more than three years, or
both, for each such violation.'';
(B) in paragraph (2)--
(i) by striking subparagraph (A);
(ii) by striking ``(2)''; and
(iii) by redesignating subparagraphs (B)
and (C) as paragraphs (2) and (3),
respectively, and moving the margins of such
paragraphs (as so redesignated) two ems to the
left; and
(C) by adding at the end the following new
paragraph:
``(4) Any person who knowingly fails to obey an order of
disqualification shall, upon conviction thereof, be fined not
more than $5,000 for each failure to obey such an order,
imprisoned for not more than three years, or both.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``section 5 of this Act''
and inserting ``section 5 or the regulations
issued under such section''; and
(ii) by striking ``$2,000'' and inserting
``$4,000''; and
(B) by adding at the end the following new
paragraph:
``(5) Any person who fails to pay a licensed inspector
hired under section 4(c) shall, upon conviction thereof, be
fined not more than $4,000 for each such violation.''; and
(3) in subsection (c)--
(A) in the first sentence--
(i) by inserting ``, or otherwise
participating in any horse show, horse
exhibition, or horse sale or auction'' before
``for a period of not less than one year''; and
(ii) by striking ``any subsequent'' and
inserting ``the second'';
(B) by inserting before ``Any person who knowingly
fails'' the following: ``For the third or any
subsequent violation, a person may be permanently
disqualified by order of the Secretary, after notice
and an opportunity for a hearing before the Secretary,
from showing or exhibiting any horse, judging or
managing any horse show, horse exhibition, or horse
sale or auction, or otherwise participating in any
horse show, horse exhibition, or horse sale or
auction.''; and
(C) by striking ``$3,000'' each place it appears
and inserting ``$5,000''.
(f) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall issue regulations to carry
out the amendments made by this Act.
(g) Severability.--If any provision of this Act or any amendment
made by this Act, or the application of a provision to any person or
circumstance, is held to be unconstitutional, the remainder of this Act
and the amendments made by this Act, and the application of the
provisions to any person or circumstance, shall not be affected by the
holding. | Amends the Horse Protection Act (HPA) to direct the Secretary of Agriculture to prescribe regulatory requirements for the Department of Agriculture (USDA) to license, train, assign, and oversee persons who are to be hired by the management of horse shows, exhibitions, sales, or auctions and are qualified to detect and diagnose sore horses or otherwise inspect horses at such events. (The soring of horses refers to the application of blistering agents, burns, lacerations, sharp objects, or other substances or devices to a horse's limb to produce a higher gait by making it painful for the horse to step down.)
Replaces the current horse inspector appointment process under which the management of a horse show, exhibition, sale, or auction appoints inspectors with a new process requiring the Secretary to assign USDA-licensed inspectors after receiving notice that management intends to hire such inspectors.
Specifies that the term "management" includes sponsoring organizations and event managers.
Directs the Secretary to disqualify a horse the Secretary determines is sore for specified minimum time periods that increase after the first, second, and third instance.
Prohibits a person from causing or directing a horse to become sore for the purpose of any horse show, exhibition, sale, or auction or allowing any such activity respecting a horse which is sore by the owner of such horse.
Expands a list of activities designated as unlawful conduct under such Act to include a prohibition on showing, exhibiting, selling, or auctioning a Tennessee Walking, a Racking, or a Spotted Saddle horse with: (1) an action device; or (2) a weighted shoe, pad, wedge, hoof band, or other device or material if it is constructed to artificially alter the gait of such horses and is not strictly protective or therapeutic.
Defines "action device" as any boot, collar, chain, roller, or other device that encircles or is placed upon the lower extremity of the leg of a horse in such a manner that it can: (1) rotate around the leg or slide up and down the leg, so as to cause friction; or (2) strike the hoof, coronet band, fetlock joint, or pastern of the horse.
Increases the maximum criminal penalties and maximum civil liability penalties to the United States for certain HPA violations.
Expands the categories of activities the Secretary may disqualify a violator of such Act from participating in to include: (1) transporting or arranging for the transportation of a horse to or from a show, exhibition, sale, or auction; (2) personally giving instructions to an exhibitor; (3) being knowingly present in a warm-up area, inspection area, or other area that spectators are not permitted; or (4) financing the participation of other individuals.
Permits the Secretary to permanently disqualify a person with at least three violations after notice and an opportunity for a hearing. | {"src": "billsum_train", "title": "To amend the Horse Protection Act to designate additional unlawful acts under the Act, strengthen penalties for violations of the Act, improve Department of Agriculture enforcement of the Act, and for other purposes."} | 2,679 | 647 | 0.631564 | 2.234432 | 0.638007 | 3.814947 | 4.483986 | 0.854093 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Fish and Wildlife
Restoration Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes have fish and wildlife communities that
are structurally and functionally changing;
(2) successful fish and wildlife management focuses on the
lakes as ecosystems, and effective management requires the
coordination and integration of efforts of many partners;
(3) it is in the national interest to undertake activities
in the Great Lakes Basin that support sustainable fish and
wildlife resources of common concern provided under the
recommendations of the Great Lakes Regional Collaboration
authorized under Executive Order 13340 (69 Fed. Reg. 29043;
relating to the Great Lakes Interagency Task Force);
(4) additional actions and better coordination are needed
to protect and effectively manage the fish and wildlife
resources, and the habitats upon which the resources depend, in
the Great Lakes Basin;
(5) as of the date of enactment of this Act, actions are
not funded that are considered essential to meet the goals and
objectives in managing the fish and wildlife resources, and the
habitats upon which the resources depend, in the Great Lakes
Basin; and
(6) the Great Lakes Fish and Wildlife Restoration Act (16
U.S.C. 941 et seq.) allows Federal agencies, States, and tribes
to work in an effective partnership by providing the funding
for restoration work.
SEC. 3. DEFINITIONS.
Section 1004 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941b) is amended--
(1) by striking paragraphs (1), (4), and (12);
(2) by redesignating paragraphs (2), (3), (5), (6), (7),
(8), (9), (10), (11), (13), and (14) as paragraphs (1), (2),
(3), (4), (5), (6), (7), (9), (10), (11), and (12),
respectively;
(3) in paragraph (4) (as redesignated by paragraph (2)), by
inserting before the semicolon at the end the following: ``,
and that has Great Lakes fish and wildlife management authority
in the Great Lakes Basin''; and
(4) by inserting after paragraph (7) (as redesignated by
paragraph (2)) the following:
``(8) the term `regional project' means authorized
activities of the United States Fish and Wildlife Service
related to fish and wildlife resource protection, restoration,
maintenance, and enhancement that benefit the Great Lakes
basin;''.
SEC. 4. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.
Section 1005 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941c) is amended to read as follows:
``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS
AND REGIONAL PROJECTS.
``(a) In General.--Subject to subsection (b)(2), the Director--
``(1) shall encourage the development and, subject to the
availability of appropriations, the implementation of fish and
wildlife restoration proposals and regional projects; and
``(2) in cooperation with the State Directors and Indian
Tribes, shall identify, develop, and, subject to the
availability of appropriations, implement regional projects in
the Great Lakes Basin to be administered by Director in
accordance with this section.
``(b) Identification of Proposals and Regional Projects.--
``(1) Request by the director.--The Director shall annually
request that State Directors and Indian Tribes, in cooperation
or partnership with other interested entities and in accordance
with subsection (a), submit proposals or regional projects for
the restoration of fish and wildlife resources.
``(2) Requirements for proposals and regional projects.--A
proposal or regional project under paragraph (1) shall be--
``(A) submitted in the manner and form prescribed
by the Director; and
``(B) consistent with--
``(i) the goals of the Great Lakes Water
Quality Agreement, as amended;
``(ii) the 1954 Great Lakes Fisheries
Convention;
``(iii) the 1980 Joint Strategic Plan for
Management of Great Lakes Fisheries, as revised
in 1997, and Fish Community Objectives for each
Great Lake and connecting water as established
under the Joint Strategic Plan;
``(iv) the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C.
4701 et seq.);
``(v) the North American Waterfowl
Management Plan and joint ventures established
under the plan; and
``(vi) the strategies outlined through the
Great Lakes Regional Collaboration authorized
under Executive Order 13340 (69 Fed. Reg.
29043; relating to the Great Lakes Interagency
Task Force).
``(3) Sea lamprey authority.--The Great Lakes Fishery
Commission shall retain authority and responsibility to
formulate and implement a comprehensive program to eradicate or
minimize sea lamprey populations in the Great Lakes Basin.
``(c) Review of Proposals.--
``(1) Establishment of committee.--There is established the
Great Lakes Fish and Wildlife Restoration Proposal Review
Committee, which shall operate under the guidance of the United
States Fish and Wildlife Service.
``(2) Membership and appointment.--
``(A) In general.--The Committee shall consist of 2
representatives of each of the State Directors and
Indian Tribes, of whom--
``(i) 1 representative shall be the
individual appointed by the State Director or
Indian Tribe to the Council of Lake Committees
of the Great Lakes Fishery Commission; and
``(ii) 1 representative shall have
expertise in wildlife management.
``(B) Appointments.--Each representative shall
serve at the pleasure of the appointing State Director
or Tribal Chair.
``(C) Observer.--The Great Lakes Coordinator of the
United States Fish and Wildlife Service shall
participate as an observer of the Committee.
``(D) Recusal.--A member of the Committee shall
recuse himself or herself from consideration of
proposals that the member, or the entity that the
member represents, has submitted.
``(3) Functions.--The Committee shall--
``(A) meet at least annually;
``(B) review proposals and special projects
developed in accordance with subsection (b) to assess
the effectiveness and appropriateness of the proposals
and special projects in fulfilling the purposes of this
title; and
``(C) recommend to the Director any of those
proposals and special projects that should be funded
and implemented under this section.
``(d) Implementation of Proposals and Regional Projects.--
``(1) In general.--After considering recommendations of the
Committee and the goals specified in section 1006, the Director
shall--
``(A) select proposals and regional projects to be
implemented; and
``(B) subject to the availability of appropriations
and subsection (e), fund implementation of the
proposals and regional projects.
``(2) Selection criteria.--In selecting and funding
proposals and regional projects, the Director shall take into
account the effectiveness and appropriateness of the proposals
and regional projects in fulfilling the purposes of other laws
applicable to restoration of the fish and wildlife resources
and habitat of the Great Lakes Basin.
``(e) Cost Sharing.--
``(1) In general.--Except as provided in paragraphs (2) and
(4), not less than 25 percent of the cost of implementing a
proposal selected under subsection (d) (excluding the cost of
establishing sea lamprey barriers) shall be paid in cash or in-
kind contributions by non-Federal sources.
``(2) Regional projects.--Regional projects selected under
subsection (d) shall be exempt from cost sharing if the
Director determines that the authorization for the project does
not require a non-Federal cost-share.
``(3) Exclusion of federal funds from non-federal share.--
The Director may not consider the expenditure, directly or
indirectly, of Federal funds received by any entity to be a
contribution by a non-Federal source for purposes of this
subsection.
``(4) Effect on certain indian tribes.--Nothing in this
subsection affects an Indian tribe affected by an alternative
applicable cost sharing requirement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).''.
SEC. 5. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PROGRAMS
RELATED TO GREAT LAKES FISH AND WILDLIFE RESOURCES.
Section 1006 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941d) is amended by striking paragraph (1) and
inserting the following:
``(1) Restoring and maintaining self-sustaining fish and
wildlife resources.''.
SEC. 6. ESTABLISHMENT OF OFFICES.
Section 1007 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941e) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Great Lakes Coordination Office.--
``(1) In general.--The Director shall establish a centrally
located facility for the coordination of all United States Fish
and Wildlife Service activities in the Great Lakes Basin, to be
known as the `Great Lakes Coordination Office'.
``(2) Functional responsibilities.--The functional
responsibilities of the Great Lakes Coordination Office shall
include--
``(A) intra- and interagency coordination;
``(B) information distribution; and
``(C) public outreach.
``(3) Requirements.--The Great Lakes Coordination Office
shall--
``(A) ensure that information acquired under this
Act is made available to the public; and
``(B) report to the Director of Region 3, Great
Lakes Big Rivers.'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``The
Director'' and inserting the following:
``(1) In general.--The Director'';
(B) in the second sentence, by striking ``The
office'' and inserting the following:
``(2) Name and location.--The office''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Lower
Great Lakes Fishery Resources Office shall include operational
activities of the United States Fish and Wildlife Service
related to fishery resource protection, restoration,
maintenance, and enhancement in the Lower Great Lakes.''; and
(3) in subsection (c)--
(A) in the first sentence, by striking ``The
Director'' and inserting the following:
``(1) In general.--The Director'';
(B) in the second sentence, by striking ``The
office'' and inserting the following:
``(2) Name and location.--The office''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Upper
Great Lakes Fishery Resources Offices shall include operational
activities of the United States Fish and Wildlife Service
related to fishery resource protection, restoration,
maintenance, and enhancement in the Upper Great Lakes.''.
SEC. 7. REPORTS.
Section 1008 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941f) is amended to read as follows:
``SEC. 1008. REPORTS.
``(a) In General.--Not later than December 31, 2011, the Director
shall submit to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section
1005; and
``(3) progress toward the accomplishment of the goals
specified in section 1006.
``(b) Annual Reports.--Not later than December 31 of each of fiscal
years 2007 through 2012, the Director shall submit to the 8 Great Lakes
States and Indian Tribes a report that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section
1005;
``(3) progress toward the accomplishment of the goals
specified in section 1006;
``(4) the priorities proposed for funding in the annual
budget process under this title; and
``(5) actions taken in support of the recommendations of
the Great Lakes Regional Collaboration authorized under
Executive Order 13340 (69 Fed. Reg. 29043; relating to the
Great Lakes Interagency Task Force).
``(c) Study.--
``(1) In general.--Not later than December 16, 2009, the
Director, in consultation with State fish and wildlife resource
management agencies, Indian Tribes, and the Great Lakes Fishery
Commission, shall--
``(A) conduct a comprehensive study of the status,
and the assessment, management, and restoration needs,
of the fish and wildlife resources of the Great Lakes
Basin, including a comprehensive review of the
accomplishments that have been achieved under this
title through fiscal year 2008; and
``(B) submit to the President of the Senate and the
Speaker of the House of Representatives--
``(i) the study described in subparagraph
(A); and
``(ii) a comprehensive report on the
findings of the study.
``(d) Report.--Not later than June 30, 2006, the Director shall
submit to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives the 2002
report required under this section as in effect on the day before the
date of enactment of the Great Lakes Fish and Wildlife Restoration Act
of 2006.''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 1009 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941g) is amended to read as follows:
``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Director for each
of fiscal years 2007 through 2012--
``(1) $12,000,000, of which--
``(A) $11,400,000 shall be allocated to implement
fish and wildlife restoration proposals as selected by
the Director under section 1005(e); and
``(B) the lesser of 5 percent or $600,000 shall be
allocated to the United States Fish and Wildlife
Service to cover costs incurred in administering the
proposals by any entity;
``(2) $6,000,000, which shall be allocated to implement
regional projects by the United States Fish and Wildlife
Service, as selected by the Director under section 1005(e); and
``(3) $2,000,000, which shall be allocated for the
activities of the Great Lake Coordination Office in East
Lansing, Michigan, of the Upper Great Lakes Fishery Resources
Office, and the Lower Great Lakes Fishery Resources Office
under section 1007.''. | Great Lakes Fish and Wildlife Restoration Act of 2006 - Amends the Great Lakes Fish and Wildlife Restoration Act of 1990 to require the Director of the U.S. Fish and Wildlife Service (FWS) to implement fish and wildlife restoration proposals and regional projects if funding is available. Defines "regional projects" as authorized activities of FWS related to fish and wildlife resource protection, restoration, maintenance, and enhancement that benefit the Great Lakes basin.
Requires the Great Lakes Fish and Wildlife Restoration Proposal Review Committee to operate under the guidance of FWS (currently, under the guidance of the Council of Lake Committees of the Great Lakes Fishery Commission) and revises Committee membership requirements.
Revises the goals of FWS programs related to the Great Lakes fish and wildlife resources to include restoring and maintaining self-sustaining fish and wildlife resources.
Requires the Great Lakes Coordination Office to: (1) ensure that information acquired under such Act is made available to the public; and (2) report to the FWS Director of Region Three, Great Lakes Big Rivers.
Includes within the responsibilities of the Lower Great Lakes Fishery Resources Office and the Upper Great Lakes Fishery Resources Offices FWS operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the offices' respective regions.
Requires the Director to: (1) submit annual reports to the eight Great Lakes States and Indian Tribes; and (2) conduct a comprehensive study of the status, assessment, management, and restoration needs of the fish and wildlife resources of the Great Lakes Basin. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide for implementation of recommendations of the United States Fish and Wildlife Service contained in the Great Lakes Fishery Resources Restoration Study."} | 3,317 | 347 | 0.63953 | 1.908653 | 0.788406 | 4.525253 | 10.531987 | 0.922559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NOAA Ocean Exploration and Undersea
Research Program Act of 2009''.
TITLE I--OCEAN EXPLORATION
SEC. 101. PURPOSE.
The purpose of this title is to establish the national ocean
exploration program and the national undersea research program within
the National Oceanic and Atmospheric Administration.
SEC. 102. PROGRAM ESTABLISHED.
The Administrator of the National Oceanic and Atmospheric
Administration shall, in consultation with the National Science
Foundation and other appropriate Federal agencies, establish a
coordinated national ocean exploration program within the National
Oceanic and Atmospheric Administration that promotes collaboration with
other Federal ocean and undersea research and exploration programs. To
the extent appropriate, the Administrator shall seek to facilitate
coordination of data and information management systems, outreach and
education programs to improve public understanding of ocean and coastal
resources, and development and transfer of technologies to facilitate
ocean and undersea research and exploration.
SEC. 103. POWERS AND DUTIES OF THE ADMINISTRATOR.
(a) In General.--In carrying out the program authorized by section
102, the Administrator of the National Oceanic and Atmospheric
Administration shall--
(1) conduct interdisciplinary voyages or other scientific
activities in conjunction with other Federal agencies or
academic or educational institutions, to explore and survey
little known areas of the marine environment, inventory,
observe, and assess living and nonliving marine resources, and
report such findings;
(2) give priority attention to deep ocean regions, with a
focus on deep water marine systems that hold potential for
important scientific discoveries, such as hydrothermal vent
communities and seamounts;
(3) conduct scientific voyages to locate, define, and
document historic shipwrecks, submerged sites, and other ocean
exploration activities that combine archaeology and
oceanographic sciences;
(4) develop and implement, in consultation with the
National Science Foundation, a transparent, competitive process
for merit-based peer-review and approval of proposals for
activities to be conducted under this program, taking into
consideration advice of the Board established under section
105;
(5) enhance the technical capability of the United States
marine science community by promoting the development of
improved oceanographic research, communication, navigation, and
data collection systems, as well as underwater platforms and
sensor and autonomous vehicles; and
(6) establish an ocean exploration forum to encourage
partnerships and promote communication among experts and other
stakeholders in order to enhance the scientific and technical
expertise and relevance of the national program.
(b) Donations.--The Administrator may accept donations of property,
data, and equipment to be applied for the purpose of exploring the
oceans or increasing knowledge of the oceans.
SEC. 104. OCEAN EXPLORATION AND UNDERSEA RESEARCH TECHNOLOGY AND
INFRASTRUCTURE TASK FORCE.
(a) In General.-- The Administrator of the National Oceanic and
Atmospheric Administration, in coordination with the National Science
Foundation, the National Aeronautics and Space Administration, the
United States Geological Survey, the Department of the Navy, the
Mineral Management Service, and relevant governmental, non-
governmental, academic, industry, and other experts, shall convene an
ocean exploration and undersea research technology and infrastructure
task force to develop and implement a strategy--
(1) to facilitate transfer of new exploration and undersea
research technology to the programs authorized under this Act;
(2) to improve availability of communications
infrastructure, including satellite capabilities, to such
programs;
(3) to develop an integrated, workable, and comprehensive
data management information processing system that will make
information on unique and significant features obtained by such
programs available for research and management purposes;
(4) to conduct public outreach activities that improve the
public understanding of ocean science, resources, and
processes, in conjunction with relevant programs of the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and other agencies; and
(5) to encourage cost-sharing partnerships with
governmental and nongovernmental entities that will assist in
transferring exploration and undersea research technology and
technical expertise to the programs.
(b) Budget Coordination.--The task force shall coordinate the
development of agency budgets and identify the items in their annual
budget that support the activities identified in the strategy developed
under subsection (a).
SEC. 105. OCEAN EXPLORATION ADVISORY BOARD.
(a) Establishment.--The Administrator of the National Oceanic and
Atmospheric Administration shall appoint an Ocean Exploration Advisory
Board composed of experts in relevant fields--
(1) to advise the Administrator on priority areas for
survey and discovery;
(2) to assist the program in the development of a 5-year
strategic plan for the fields of ocean, marine, and Great Lakes
science, exploration, and discovery;
(3) to annually review the quality and effectiveness of the
proposal review process established under section 103(a)(4);
and
(4) to provide other assistance and advice as requested by
the Administrator.
(b) Federal Advisory Committee Act.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board
appointed under subsection (a).
(c) Application With Outer Continental Shelf Lands Act.--Nothing in
this title supersedes, or limits the authority of the Secretary of the
Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.).
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title--
(1) $33,550,000 for fiscal year 2009;
(2) $36,905,000 for fiscal year 2010;
(3) $40,596,000 for fiscal year 2011;
(4) $44,655,000 for fiscal year 2012;
(5) $49,121,000 for fiscal year 2013;
(6) $54,033,000 for fiscal year 2014; and
(7) $59,436,000 for fiscal year 2015.
TITLE II--UNDERSEA RESEARCH PROGRAM
SEC. 201. PROGRAM ESTABLISHED.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration shall establish and maintain an undersea
research program and shall designate a Director of that program.
(b) Purpose.--The purpose of the program is to increase scientific
knowledge essential for the informed management, use, and preservation
of oceanic, marine, and coastal areas and the Great Lakes.
SEC. 202. POWERS OF PROGRAM DIRECTOR.
The Director of the program, in carrying out the program, shall--
(1) cooperate with institutions of higher education and
other educational marine and ocean science organizations, and
shall make available undersea research facilities, equipment,
technologies, information, and expertise to support undersea
research efforts by these organizations;
(2) enter into partnerships, as appropriate and using
existing authorities, with the private sector to achieve the
goals of the program and to promote technological advancement
of the marine industry; and
(3) coordinate the development of agency budgets and
identify the items in their annual budget that support the
activities described in paragraphs (1) and (2).
SEC. 203. ADMINISTRATIVE STRUCTURE.
(a) In General.--The program shall be conducted through a national
headquarters, a network of extramural regional undersea research
centers that represent all relevant National Oceanic and Atmospheric
Administration regions, and the National Institute for Undersea Science
and Technology.
(b) Direction.--The Director shall develop the overall direction of
the program in coordination with a Council of Center Directors
comprised of the directors of the extramural regional centers and the
National Institute for Undersea Science and Technology. The Director
shall publish a draft program direction document not later than 1 year
after the date of enactment of this Act in the Federal Register for a
public comment period of not less than 120 days. The Director shall
publish a final program direction, including responses to the comments
received during the public comment period, in the Federal Register
within 90 days after the close of the comment period. The program
director shall update the program direction, with opportunity for
public comment, at least every 5 years.
SEC. 204. RESEARCH, EXPLORATION, EDUCATION AND TECHNOLOGY PROGRAMS.
(a) In General.--The following research, exploration, education,
and technology programs shall be conducted through the network of
regional centers and the National Institute for Undersea Science and
Technology:
(1) Core research and exploration based on national and
regional undersea research priorities.
(2) Advanced undersea technology development to support the
National Oceanic and Atmospheric Administration's research
mission and programs.
(3) Undersea science-based education and outreach programs
to enrich ocean science education and public awareness of the
oceans and Great Lakes.
(4) Development, testing, and transition of advanced
undersea technology associated with ocean observatories,
submersibles, advanced diving technologies, remotely operated
vehicles, autonomous underwater vehicles, and new sampling and
sensing technologies.
(5) Discovery, study, and development of natural resources
and products from ocean, coastal, and aquatic systems.
(b) Operations.--The Director of the program, through operation of
the extramural regional centers and the National Institute for Undersea
Science and Technology, shall leverage partnerships and cooperative
research with academia and private industry.
SEC. 205. COMPETITIVENESS.
(a) Discretionary Fund.--The Program shall allocate no more than 10
percent of its annual budget to a discretionary fund that may be used
only for program administration and priority undersea research projects
identified by the Director but not covered by funding available from
centers.
(b) Competitive Selection.--The Administrator shall conduct an
initial competition to select the regional centers that will
participate in the program 90 days after the publication of the final
program direction under section 203 and every 5 years thereafter.
Funding for projects conducted through the regional centers shall be
awarded through a competitive, merit-reviewed process on the basis of
their relevance to the goals of the program and their technical
feasibility.
SEC. 206. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Oceanic and
Atmospheric Administration to carry out this title--
(1) for fiscal year 2009--
(A) $13,750,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers;
and
(B) $5,500,000 for the National Technology
Institute;
(2) for fiscal year 2010--
(A) $15,125,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers;
and
(B) $6,050,000 for the National Technology
Institute;
(3) for fiscal year 2011--
(A) $16,638,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers;
and
(B) $6,655,000 for the National Technology
Institute;
(4) for fiscal year 2012--
(A) $18,301,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers;
and
(B) $7,321,000 for the National Technology
Institute;
(5) for fiscal year 2013--
(A) $20,131,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers;
and
(B) $8,053,000 for the National Technology
Institute;
(6) for fiscal year 2014--
(A) $22,145,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers;
and
(B) $8,859,000 for the National Technology
Institute; and
(7) for fiscal year 2015--
(A) $24,359,000 for the regional centers, of which
50 percent shall be for West Coast regional centers and
50 percent shall be for East Coast regional centers;
and
(B) $9,744,000 for the National Technology
Institute. | NOAA Ocean Exploration and Undersea Research Program Act of 2009 - Requires the administrator of the National Oceanic and Atmospheric Administration (NOAA) to: (1) establish within NOAA a coordinated national ocean exploration program that promotes collaboration with other federal ocean and undersea research and exploration programs; (2) convene an ocean exploration and undersea research technology and infrastructure task force; and (3) appoint an Ocean Exploration Advisory Board.
Requires the administrator to establish and maintain an undersea research program to increase scientific knowledge essential for the informed management, use, and preservation of oceanic, marine, and coastal areas and the Great Lakes. Requires that the program be conducted through a national headquarters, a network of extramural regional undersea research centers that represent all relevant NOAA regions, and the National Institute for Undersea Science and Technology. Requires that funding for projects conducted through the regional centers be awarded through a competitive, merit-reviewed process. | {"src": "billsum_train", "title": "A bill to establish a coordinated national ocean exploration program within the National Oceanic and Atmospheric Administration, and for other purposes."} | 2,657 | 226 | 0.647162 | 1.844807 | 1.009102 | 6.2 | 13.982857 | 0.977143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empower States Act of 2013''.
SEC. 2. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND IN
STATES.
The Mineral Leasing Act is amended--
(1) by redesignating section 44 (30 U.S.C. 181 note) as
section 45; and
(2) by inserting after section 43 (30 U.S.C. 226-3) the
following:
``SEC. 44. REGULATION OF OIL OR NATURAL GAS DEVELOPMENT ON FEDERAL LAND
IN STATES.
``(a) In General.--Subject to subsection (b), the Secretary of the
Interior shall not issue or promulgate any guideline or regulation
relating to oil or gas exploration or production on Federal land in a
State if the State has otherwise met the requirements under this Act or
any other applicable Federal law.
``(b) Exception.--The Secretary may issue or promulgate guidelines
and regulations relating to oil or gas exploration or production on
Federal land in a State if the Secretary of the Interior determines
that as a result of the oil or gas exploration or production there is
an imminent and substantial danger to the public health or
environment.''.
SEC. 3. REGULATIONS.
Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
amended by adding at the end the following:
``SEC. 1459. REGULATIONS.
``(a) Comments Relating to Oil and Gas Exploration and
Production.--Before issuing or promulgating any guideline or regulation
relating to oil and gas exploration and production on Federal, State,
tribal, or fee land pursuant to this Act, the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Clean Air Act (42 U.S.C. 7401
et seq.), the Act entitled `An Act to regulate the leasing of certain
Indian lands for mining purposes', approved May 11, 1938 (commonly
known as the `Indian Mineral Leasing Act of 1938') (25 U.S.C. 396a et
seq.), the Mineral Leasing Act (30 U.S.C. 181 et seq.), or any other
provision of law or Executive order, the head of a Federal department
or agency shall seek comments from and consult with the head of each
affected State, State agency, and Indian tribe at a location within the
jurisdiction of the State or Indian tribe, as applicable.
``(b) Statement of Energy and Economic Impact.--Each Federal
department or agency described in subsection (a) shall develop a
Statement of Energy and Economic Impact, which shall consist of a
detailed statement and analysis supported by credible objective
evidence relating to--
``(1) any adverse effects on energy supply, distribution,
or use, including a shortfall in supply, price increases, and
increased use of foreign supplies; and
``(2) any impact on the domestic economy if the action is
taken, including the loss of jobs and decrease of revenue to
each of the general and educational funds of the State or
affected Indian tribe.
``(c) Regulations.--
``(1) In general.--A Federal department or agency shall not
impose any new or modified regulation unless the head of the
applicable Federal department or agency determines--
``(A) that the rule is necessary to prevent
imminent substantial danger to the public health or the
environment; and
``(B) by clear and convincing evidence, that the
State or Indian tribe does not have an existing
reasonable alternative to the proposed regulation.
``(2) Disclosure.--Any Federal regulation promulgated on or
after the date of enactment of this paragraph that requires
disclosure of hydraulic fracturing chemicals shall refer to the
database managed by the Ground Water Protection Council and the
Interstate Oil and Gas Compact Commission (as in effect on the
date of enactment of this Act).
``(d) Judicial Review.--
``(1) In general.--With respect to any regulation described
in this section, a State or Indian tribe adversely affected by
an action carried out under the regulation shall be entitled to
review by a United States district court located in the State
or the District of Columbia of compliance by the applicable
Federal department or agency with the requirements of this
section.
``(2) Action by court.--
``(A) In general.--A district court providing
review under this subsection may enjoin or mandate any
action by a relevant Federal department or agency until
the district court determines that the department or
agency has complied with the requirements of this
section.
``(B) Damages.--The court shall not order money
damages.
``(3) Scope and standard of review.--In reviewing a
regulation under this subsection--
``(A) the court shall not consider any evidence
outside of the record that was before the agency; and
``(B) the standard of review shall be de novo.''. | Empower States Act of 2013 - Amends the Mineral Leasing Act to prohibit the Secretary of the Interior from issuing or promulgating any guideline or regulation relating to oil or gas exploration or production on federal land in a state if the state has otherwise met the requirements under applicable federal law, unless the Secretary determines that as a result of the exploration or production there is an imminent and substantial danger to the public health or the environment. Amends the Safe Drinking Water Act to require the head of a federal department or agency, before issuing or promulgating any guideline or regulation relating to oil and gas exploration and production on federal, state, tribal, or fee land pursuant to federal law or executive order, to seek comments from and consult with the head of each affected state, state agency, and Indian tribe at a location within their jurisdiction. Requires federal departments and agencies to develop Statements of Energy and Economic Impact that detail and analyze: (1) adverse effects of an action on energy supply, distribution, or use; and (2) impact on the domestic economy if the action is taken. Prohibits imposition of any new or modified oil and gas regulation unless the head of the applicable department or agency determines: (1) that the rule is necessary to prevent immediate harm to human health or the environment, and (2) by clear and convincing evidence that the state or tribe does not have an existing reasonable alternative to the proposed regulation. Requires any regulation promulgated after enactment of this Act that requires disclosure of hydraulic fracturing chemicals to refer to the database managed by the Ground Water Protection Council and the Interstate Oil and Gas Compact Commission. Sets forth procedures for judicial review of such regulations. | {"src": "billsum_train", "title": "Empower States Act of 2013"} | 1,139 | 369 | 0.655889 | 2.138052 | 0.813948 | 5.739938 | 3.108359 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Income Housing Tax Credit
Exchange Expansion and Job Creation Act of 2010''.
SEC. 2. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF
LOW-INCOME HOUSING CREDIT ALLOCATIONS FOR 2010.
(a) In General.--The Secretary of the Treasury shall make a grant
to the housing credit agency of each State in an amount equal to such
State's low-income housing credit allocation election amount.
(b) Low-Income Housing Credit Allocation Election Amount.--For
purposes of this section, the term ``low-income housing credit
allocation election amount'' means, with respect to any State, such
amount as the State may elect which does not exceed 85 percent of the
product of--
(1) the sum of--
(A) 100 percent of the State housing credit ceiling
for 2010 which is attributable to amounts described in
clauses (i) and (iii) of section 42(h)(3)(C) of the
Internal Revenue Code of 1986, plus
(B) 40 percent of the State housing credit ceiling
for 2010 which is attributable to amounts described in
clauses (ii) and (iv) of such section, multiplied by
(2) 10.
(c) Subawards for Low-Income Buildings.--
(1) In general.--A State housing credit agency receiving a
grant under this section shall use such grant to make subawards
to finance the construction or acquisition and rehabilitation
of qualified low-income buildings. A subaward under this
section may be made to finance a qualified low-income building
with or without an allocation under section 42 of the Internal
Revenue Code of 1986, except that a State housing credit agency
may make subawards to finance qualified low-income buildings
without an allocation only if it makes a determination that
such use will increase the total funds available to the State
to build and rehabilitate affordable housing. In complying with
such determination requirement, a State housing credit agency
shall establish a process in which applicants that are
allocated credits are required to demonstrate good faith
efforts to obtain investment commitments for such credits
before the agency makes such subawards.
(2) Subawards subject to same requirements as low-income
housing credit allocations.--Any such subaward with respect to
any qualified low-income building may be in the form of a grant
or a loan of any duration and shall be made in the same manner
and shall be subject to the same limitations (including rent,
income, and use restrictions on such building) as an allocation
of housing credit dollar amount allocated by such State housing
credit agency under section 42 of the Internal Revenue Code of
1986, except that such subawards shall not be limited by, or
otherwise affect (except as provided in subsection (i)(9) of
such section), the State housing credit ceiling applicable to
such agency.
(3) Compliance and asset management.--The State housing
credit agency shall perform asset management functions to
ensure compliance with section 42 of the Internal Revenue Code
of 1986 and the long-term viability of buildings funded by any
subaward under this section. The State housing credit agency
may collect reasonable fees from a subaward recipient to cover
expenses associated with the performance of its duties under
this paragraph, including the reasonable costs of administering
such subawards. The State housing credit agency may retain an
agent or other private contractor to satisfy the requirements
of this paragraph.
(4) Recapture.--The State housing credit agency shall
impose conditions or restrictions, including a requirement
providing for recapture, on any subaward under this section so
as to assure that the building with respect to which such
subaward is made remains a qualified low-income building during
the compliance period. Any amounts of recapture shall be
proportional to the length of time of the noncompliance
compared to the 15-year compliance period and the percentage of
qualified basis out of compliance compared to the total
qualified basis. Any such recapture shall be payable to the
Secretary of the Treasury for deposit in the general fund of
the Treasury and may be enforced by means of liens or such
other methods as the Secretary of the Treasury determines
appropriate. A State housing credit agency may subordinate any
such lien (or other security interest) to other loans made by
third parties.
(d) Return of Unused Grant Funds.--Any grant funds not used to make
subawards under this section before January 1, 2012, shall be returned
to the Secretary of the Treasury on such date. The portion of any
subaward which is not disbursed before such date shall be returned to
the Secretary of the Treasury on such date unless the subawardee has
paid or incurred before January 1, 2012, at least 30 percent of the
subawardee's total adjusted basis in land and depreciable property that
is reasonably expected to be part of the low-income housing building
with respect to which such subaward is made. The portion of any
subaward which is not disbursed before January 1, 2013, shall be
returned to the Secretary of the Treasury on such date. Any subawards
returned to the State housing credit agency on or after January 1,
2012, shall be promptly returned to the Secretary of the Treasury. Any
amounts returned to the Secretary of the Treasury under this subsection
shall be deposited in the general fund of the Treasury.
(e) Definitions.--Any term used in this section which is also used
in section 42 of the Internal Revenue Code of 1986 shall have the same
meaning for purposes of this section as when used in such section 42.
Any reference in this section to the Secretary of the Treasury shall be
treated as including the Secretary's delegate.
(f) Appropriations.--There is hereby appropriated to the Secretary
of the Treasury such sums as may be necessary to carry out this
section.
SEC. 3. GRANTS TO STATES FOR LOW-INCOME HOUSING PROJECTS IN LIEU OF
LOW-INCOME HOUSING CREDITS FOR BOND-SUBSIDIZED HOUSING
PROJECTS.
(a) In General.--The Secretary of the Treasury shall make a grant
to each State in an amount equal to such State's low-income bond-
subsidized housing election amount.
(b) Low-Income Bond-Subsidized Housing Election Amount.--For
purposes of this section--
(1) In general.--The term ``low-income bond-subsidized
housing election amount'' means, with respect to any State,
such amount as the State may elect which does not exceed 85
percent of the State's bond-subsidized credit amount.
(2) Bond-subsidized credit amount.--The term ``bond-
subsidized credit amount'' means, with respect to any State,
the aggregate amount of low-income housing credits which the
State determines would, but for section 42(i)(9) of the
Internal Revenue Code of 1986, be awarded under section
42(h)(4)(B) of such Code times 10 with respect to qualified
low-income buildings receiving an allocation of qualified
residential rental project bonds of such State during 2010.
(3) Qualified residential rental project bonds.--The term
``qualified residential rental project bond'' means, with
respect to any State, any qualified bond (as defined in section
141(e) of the Internal Revenue Code of 1986) if such bond--
(A) is issued as part of an issue 95 percent or
more of the net proceeds of which are to be used to
provide qualified residential rental projects (within
the meaning of section 142 of such Code), and
(B) is taken into account under section 146 of such
Code with respect to the State ceiling applicable to
such State.
(c) Subawards for Low-Income Buildings.--
(1) In general.--A State receiving a grant under this
section shall use such grant to make subawards to finance the
construction or acquisition and rehabilitation of qualified
low-income buildings which have received the corresponding
allocation of qualified residential rental project bonds
referred to in subsection (b)(2).
(2) Subawards subject to same requirements as low-income
housing credit allocations.--Any such subaward with respect to
any qualified low-income building may be in the form of a grant
or a loan of any duration and shall be made in the same manner
and shall be subject to the same limitations (including rent,
income, and use restrictions on such building) as an allocation
of housing credit dollar amount allocated by the State housing
credit agency of such State under section 42 of the Internal
Revenue Code of 1986, except that such subawards shall not be
limited by, or otherwise affect, the State housing credit
ceiling applicable to such agency.
(3) Compliance and asset management.--A State receiving a
grant under this section shall perform asset management
functions to ensure compliance with section 42 of the Internal
Revenue Code of 1986 and the long-term viability of buildings
funded by any subaward under this section. A State may collect
reasonable fees from a subaward recipient to cover expenses
associated with the performance of its duties under this
paragraph, including the reasonable costs of administering such
subawards. A State may retain an agent or other private
contractor to satisfy the requirements of this paragraph.
(4) Recapture.--A State receiving a grant under this
section shall impose conditions or restrictions, including a
requirement providing for recapture, on any subaward under this
section so as to assure that the building with respect to which
such subaward is made remains a qualified low-income building
during the compliance period. Any amounts of recapture shall be
proportional to the length of time of the noncompliance
compared to the 15-year compliance period and the percentage of
qualified basis out of compliance compared to the total
qualified basis. Any such recapture shall be payable to the
Secretary of the Treasury for deposit in the general fund of
the Treasury and may be enforced by means of liens or such
other methods as the Secretary of the Treasury determines
appropriate. A State housing credit agency may subordinate any
such lien (or other security interest) to other loans made by
third parties.
(d) Reallocation of Bond Authority.--A State housing credit agency
shall establish a process in which applicants that are allocated bonds
and receive a subaward pursuant to subsection (c) are required to
demonstrate good faith efforts to obtain purchasers for such bonds. If
a subawardee is unable to obtain purchasers or if the State makes a
determination that reallocation of bond authority will increase the
total funds available to the State to build and rehabilitate affordable
housing, a subawardee may return its bond allocation to the State
without affecting its subaward under subsection (c) and the State may
reallocate such bond authority only for qualified residential rental
projects. Reallocated bonds shall not be taken into account for
purposes of determining eligibility for low-income housing credits
under section 42(h)(4) of the Internal Revenue Code of 1986 or for
purposes of determining eligibility for grants under subsection (c).
(e) Return of Unused Grant Funds.--Any grant funds not used to make
subawards under this section before January 1, 2012, shall be returned
to the Secretary of the Treasury on such date. The portion of any
subaward which is not disbursed before such date shall be returned to
the Secretary of the Treasury on such date unless the subawardee has
paid or incurred before January 1, 2012, at least 30 percent of the
subawardee's total adjusted basis in land and depreciable property that
is reasonably expected to be part of the low-income housing building
with respect to which such subaward is made. The portion of any
subaward which is not disbursed before January 1, 2013, shall be
returned to the Secretary of the Treasury on such date. Any subawards
returned to the State housing credit agency on or after January 1,
2012, shall be promptly returned to the Secretary of the Treasury. Any
amounts returned to the Secretary of the Treasury under this subsection
shall be deposited in the general fund of the Treasury.
(f) Definitions.--Any term used in this section which is also used
in section 42 of the Internal Revenue Code of 1986 shall have the same
meaning for purposes of this section as when used in such section 42.
Any reference in this section to the Secretary of the Treasury shall be
treated as including the Secretary's delegate.
(g) Appropriations.--There is hereby appropriated to the Secretary
of the Treasury such sums as may be necessary to carry out this
section.
SEC. 4. COORDINATION OF LOW-INCOME HOUSING CREDIT WITH LOW-INCOME
HOUSING GRANTS.
(a) In General.--Paragraph (9) of section 42(i) of the Internal
Revenue Code of 1986 is amended by redesignating subparagraph (B) as
subparagraph (D) and by inserting after subparagraph (A) the following
new subparagraphs:
``(B) Reduction in state housing credit ceiling for
low-income housing grants received in 2010.--For
purposes of this section, the amounts described in
clauses (i) through (iv) of subsection (h)(3)(C) with
respect to any State for 2010 shall each be reduced by
so much of such amount as is taken into account in
determining the amount of any grant to such State under
section 2 of the Low Income Housing Tax Credit Exchange
Expansion and Job Creation Act of 2010.
``(C) Denial of credit for bond-subsidized
buildings receiving subawards with 2010 grant funds.--
No credit shall be determined under this section with
respect to any qualified low-income building to the
extent of the bond-subsidized credit amount determined
with respect to such building under section 3 of the
Low Income Housing Tax Credit Exchange Expansion and
Job Creation Act of 2010 if any subaward is made with
respect to such building under such section.''.
(b) Grants and Loans Not To Reduce Basis.--Subparagraph (D) of
section 42(i)(9) of such Code, as redesignated by this section, is
amended by striking ``by the amount of any grant described in
subparagraph (A)'' and inserting ``by reason of any grant or loan made
under section 1602 of the American Recovery and Reinvestment Tax Act of
2009 or section 2 or 3 of the Low Income Housing Tax Credit Exchange
Expansion and Job Creation Act of 2010''.
(c) Exclusion of Grants From Gross Income.--Paragraph (9) of
section 42(i) of such Code, as amended by this section, is amended by
adding at the end the following new subparagraph:
``(E) Exclusion of grants from gross income.--Any
grant made under section 1602 of the American Recovery
and Reinvestment Tax Act of 2009 or section 2 or 3 of
the Low Income Housing Tax Credit Exchange Extension
Act of 2009 shall not be includible in the gross income
or alternative minimum taxable income of the
taxpayer.''.
(d) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years ending after December 31, 2009.
(2) Reductions in state housing credit ceiling.--
Subparagraph (B) of section 42(i)(9) of the Internal Revenue
Code of 1986, as amended by subsection (a), shall apply to
determinations of State housing credit ceiling for calendar
years after 2009.
(3) Exclusion of grants from gross income.--The amendment
made by subsection (c) shall apply to taxable years ending
after December 31, 2008. | Low Income Housing Tax Credit Exchange Expansion and Job Creation Act of 2010 - Directs the Secretary of the Treasury to make grants to: (1) state housing credit agencies in lieu of low-income credit allocations in 2010; and (2) states for bond-subsidized housing projects.
Requires state housing credit agencies and states to use grants to make subawards to finance the construction or acquisition and rehabilitation of qualified low-income buildings. Requires the return of grant funds not used to make such subawards before January 1, 2012. | {"src": "billsum_train", "title": "To provide grants to States for low-income housing projects in lieu of low-income housing credits."} | 3,398 | 114 | 0.656256 | 1.748185 | 0.673781 | 3.784314 | 30.313725 | 0.941176 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans
Adjudication Procedures Act of 1993''.
(b) References to Title 38, United States Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
SEC. 2. WORK RATE STANDARDS FOR ADJUDICATIVE EMPLOYEES.
(a) In General.--(1) Chapter 7 is amended by adding at the end the
following new section:
``Sec. 713. Work rate standards for adjudicative employees
``(a) The Secretary shall provide that under the work rate
standards that apply to employees of the Department who adjudicate
claims for benefits that have been submitted to the Secretary, those
employees do not receive credit for work on a claim until the decision
on the claim becomes final. Such a decision shall not be considered to
have become final until the claimant has exhausted, or failed to timely
exercise, the right to appellate review by the Board of Veterans'
Appeals.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``713. Work rate standards for adjudicative employees.''.
(b) Effective Date.--Section 713 of title 38, United States Code,
as added by subsection (a), shall apply with respect to claims for
benefits that are submitted to the Secretary of Veterans Affairs after
the end of the 180-day period beginning on the date of the enactment of
this Act.
SEC. 3. ANNUAL REPORT ON STATUS OF CLAIMS FOR BENEFITS.
(a) In General.--(1) Chapter 5 is amended by inserting after
section 529 the following new section:
``Sec. 530. Annual report on status of claims for benefits
``(a) The Secretary shall submit to Congress an annual report on
the status of claims for benefits before the Department during the
preceding fiscal year. The report for any fiscal year shall be
submitted in conjunction with the report under section 7101(d) of this
title for that year.
``(b)(1) Each report under subsection (a) shall separately set
forth, with regard to claims for benefits in which a decision of the
agency of original jurisdiction or the Board of Veterans' Appeals
became final during the preceding fiscal year, the average number of
days that passed from the date on which the claim was initially
received by the Department until the following dates, as applicable:
``(A) The date on which the notice of decision was provided
to the claimant, for those cases in which the claimant did not
file a timely notice of disagreement (along with the number of
such cases).
``(B) The date on which the statement of the case was
provided to the claimant, for those cases in which the claimant
filed a timely notice of disagreement, and the agency of
original jurisdiction did not conduct a hearing, and the
claimant did not file a timely substantive appeal to the Board
of Veterans' Appeals (along with the number of such cases).
``(C) The date on which the statement of the case was
provided to the claimant or the date on which the notice of the
decision rendered after the conduct of a hearing of the agency
of original jurisdiction, whichever is later, for those cases
in which the claimant filed a timely notice of disagreement,
and agency of original jurisdiction conducted a hearing, and
the claimant did not file a timely substantive appeal to the
Board of Veterans' Appeals (along with the number of such
cases).
``(D) The date on which the notice of the Board of
Veterans' Appeals decision was provided to the claimant, for
those cases in which the Board of Veterans' Appeals did not
remand to the agency of original jurisdiction before issuing
its decision and neither the agency of original jurisdiction
nor the Board of Veterans' Appeals conducted a formal hearing
(along with the number of such cases).
``(E) The date on which the notice of the Board of
Veterans' Appeals decision was provided to the claimant, for
those cases in which the agency of original jurisdiction
conducted a hearing, and the Board of Veterans' Appeals issued
a decision on the appeal of the claim without conducting a
formal hearing and without remanding the appeal to the agency
of original jurisdiction before issuing its decision (along
with the number of such cases).
``(F) The date on which the notice of the Board of
Veterans' Appeals decision was provided to the claimant, for
those cases in which the agency of original jurisdiction
conducted a hearing and the Board of Veterans' Appeals issued a
decision on the appeal of the claim after conducting a formal
hearing and without remanding the appeal to the agency of
original jurisdiction before issuing its decision (along with
the number of such cases).
``(G) The date on which the notice of the Board of
Veterans' Appeals decision was provided to the claimant, for
those cases in which the agency of original jurisdiction did
not conduct a hearing, and the Board of Veterans' Appeals
issued a decision on the appeal of the claim after conducting a
formal hearing and without remanding the appeal to the agency
of original jurisdiction before issuing its decision (along
with the number of such cases).
``(H) The date on which the notice of the Board of
Veterans' Appeals final decision was provided to the claimant,
for those cases in which the Board of Veterans' Appeals did not
conduct a formal hearing and remanded the case on one or more
occasions to the agency of original jurisdiction before issuing
its final decision (along with the number of such cases).
``(I) The date on which the notice of the Board of
Veterans' Appeals final decision was provided to the claimant,
for those cases in which the Board of Veterans' Appeals
conducted a formal hearing and remanded the case on one or more
occasions to the agency of original jurisdiction before issuing
its final decision (along with the number of such cases).
``(2) Each report under subsection (a) shall also set forth the
number of claims for benefits pending a final decision as of the end of
the fiscal year preceding the submission of the report.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 529 the
following new item:
``530. Annual report on status of claims for benefits.''.
(b) Effective Date.--(1) Section 530 of title 38, United States
Code, as added by subsection (a), shall apply only with respect to
claims for benefits that are received by the Secretary of Veterans
Affairs more than 180 days after the date of the enactment of this Act.
(2) The Secretary of Veterans Affairs shall submit the first annual
report under subsection (a) of such section 530, as so added, for the
third fiscal year ending after the date of the enactment of this Act.
SEC. 4. OFFICIALS DETERMINING ORIGINAL AND REOPENED CLAIMS FOR
BENEFITS.
(a) In General.--Subchapter I of chapter 51 is amended by adding at
the end the following new section:
``Sec. 5109A. Officials acting on behalf of the Secretary
``(a) The functions of the Secretary under this chapter in making
determinations on a claim for benefits filed under this chapter shall
be carried out in each case by a single official (known as a `rating
official'). A single rating official (rather than a board of officials)
shall make the initial determination of the Secretary on all original
and reopened claims filed with the Secretary.
``(b) Whenever a hearing is requested following a decision of a
rating official denying (in whole or in part) a claim for benefits, the
official who conducts the hearing shall make a determination in the
case without referring the case back to the rating official who
initially decided the case (or another rating official) and shall issue
a decision on the case in the manner prescribed in section 5104 of this
title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
5109 the following new item:
``5109A. Officials acting on behalf of the Secretary.''.
SEC. 5. BOARD OF VETERANS' APPEALS PROCEDURES.
(a) Termination of Action by BVA Through Sections.--(1) Sections
7102 and 7103 are amended to read as follows:
``Sec. 7102. Decisions by the Board
``A proceeding instituted before the Board shall be assigned to an
individual member of the Board (other than the Chairman). A member who
is assigned a proceeding shall make a determination thereon, including
any motion filed in connection therewith. The member shall make a
report under section 7104(d) of this title on any such determination,
which report shall constitute the member's final disposition of the
proceeding.
``Sec. 7103. Reconsideration; correction of obvious errors
``(a) The decision of the member of the Board determining a matter
under section 7102 of this title is final unless the Chairman orders
reconsideration of the case. Such an order may be made on the
Chairman's initiative or upon motion of the claimant.
``(b) If the Chairman orders reconsideration in a case, the case
shall upon reconsideration be heard by a section of the Board. Any such
section shall consist of not less than three members of the Board (and
may include the Chairman). The member of the Board who made the
decision under reconsideration may not serve as a member of the
section.
``(c) When a case is heard by a section of the Board after such an
order for reconsideration, the decision of a majority of the members of
the section shall constitute the final decision of the Board.
``(d) The Board on its own motion may correct an obvious error in
the record, without regard to whether there has been a motion or order
for reconsideration.''.
(2) The items relating to sections 7102 and 7103 in the table of
sections at the beginning of chapter 71 are amended to read as follows:
``7102. Decisions by the Board.
``7103. Reconsideration; correction of obvious errors.''.
(b) Conforming Amendments.--(1) Section 7110 is amended by striking
out ``section'' both places it appears and inserting in lieu thereof
``member''.
(2)(A) The heading of section 7110 is amended to read as follows:
``Sec. 7110. Traveling members''.
(B) The item relating to section 7110 in the table of sections at
the beginning of chapter 71 is amended to read as follows:
``7110. Traveling members.''.
SEC. 6. REVISION OF DECISIONS BASED ON CLEAR AND UNMISTAKABLE ERROR.
(a) Original Decisions.--(1) Chapter 51 is amended by inserting
after section 5109A, as added by section 4, the following new section:
``Sec. 5109B. Revision of decisions on grounds of clear and
unmistakable error
``(a) A decision by the Secretary under this chapter is subject to
revision on the grounds of clear and unmistakable error. If evidence
establishes the error, the prior decision shall be reversed or revised.
``(b) For the purposes of authorizing benefits, a rating or other
adjudicative decision that constitutes a reversal or revision of a
prior decision on the grounds of clear and unmistakable error has the
same effect as if the rating or decision had been made on the date of
the prior decision.
``(c) Review to determine whether clear and unmistakable error
exists in a case may be instituted by the Secretary on the Secretary's
own motion or upon request of the claimant.
``(d) A request for revision of a decision of the Secretary based
on clear and unmistakable error may be made at any time after that
decision is made.
``(e) Such a request shall be submitted to the Secretary and shall
be decided in the same manner as any other claim.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5109A, as added
by section 4, the following new item:
``5109B. Revision of decisions on grounds of clear and unmistakable
error.''.
(b) BVA Decisions.--(1) Chapter 71 is amended by adding at the end
the following new section:
``Sec. 7111. Revision of decisions on grounds of clear and unmistakable
error
``(a) A decision by the Board is subject to revision on the grounds
of clear and unmistakable error. If evidence establishes the error, the
prior decision shall be reversed or revised.
``(b) For the purposes of authorizing benefits, a rating or other
adjudicative decision of the Board that constitutes a reversal or
revision of a prior decision of the Board on the grounds of clear and
unmistakable error has the same effect as if the rating or decision had
been made on the date of the prior decision.
``(c) Review to determine whether clear and unmistakable error
exists in a case may be instituted by the Board on the Board's own
motion or upon request of the claimant.
``(d) A request for revision of a decision of the Board based on
clear and unmistakable error may be made at any time after that
decision is made.
``(e) Such a request shall be submitted directly to the Board and
shall be decided by the Board on the merits, without referral to any
adjudicative or hearing official acting on behalf of the Secretary.
``(f) A claim filed with the Secretary that requests reversal or
revision of a previous Board decision due to clear and unmistakable
error shall be considered to be a request to the Board under this
section, and the Secretary shall promptly transmit any such request to
the Board for its consideration under this section.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7111. Revision of decisions on grounds of clear and unmistakable
error.''.
(c) Effective Date.--(1) Section 5109B and 7110 of title 38, United
States Code, apply to any determination made before, on, or after the
date of the enactment of this Act.
(2) Notwithstanding section 402 of the Veterans Judicial Review Act
(38 U.S.C. 7251 note), chapter 72 of title 38, United States Code,
shall apply with respect to any decision of the Board of Veterans'
Appeals on a claim alleging that a previous determination of the Board
was the product of clear and unmistakable error if that claim is filed
after, or was pending before the Department of Veterans Affairs, the
Court of Veterans Appeals, the Court of Appeals for the Federal
Circuit, or the Supreme Court on the date of the enactment of this Act. | Veterans Adjudication Procedures Act of 1993 - Directs the Secretary of Veterans Affairs to provide that under the work rate standards that apply to Department of Veterans Affairs employees who adjudicate claims for benefits that have been submitted to the Secretary, such employees shall not receive credit for work on a claim until the claim decision becomes final. Requires the Secretary to report annually to the Congress the status of claims for benefits before the Department during the preceding fiscal year, including the average length of time required for such adjudications. Requires a rating official to make the initial determination of the Secretary on all original and reopened claims filed with the Secretary.
Allows a single member (currently three) of the Board of Veterans' Appeals to be assigned to and make a determination on a proceeding before such Board. Makes such decision final unless the Chairman of such Board orders reconsideration, in which case three other Board members must hear the proceeding. Subjects decisions made by the Secretary or the Board to revision or reversal on the grounds of clear and unmistakable error. | {"src": "billsum_train", "title": "Veterans Adjudication Procedures Act of 1993"} | 3,441 | 234 | 0.630969 | 1.837782 | 0.802259 | 4.517588 | 15.899497 | 0.919598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Let My Absentee Ballot Count Act of
2010''.
SEC. 2. REQUIREMENTS FOR TREATMENT OF ABSENTEE BALLOTS IN FEDERAL
ELECTIONS.
(a) Requirements Described.--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. REQUIREMENTS FOR TREATMENT OF ABSENTEE BALLOTS.
``(a) Procedures for Design of Ballot.--
``(1) Consultation with united states postal service to
minimize postage requirements.--In designing the absentee
ballot used in an election for Federal office, the appropriate
State and local election officials shall consult with the
United States Postal Service so that the ballot is designed in
a manner which minimizes the amount of postage required for the
voter to return the ballot.
``(2) Requiring outer envelope for ballot.--A State shall
design each absentee ballot used in an election for Federal
office in a manner which includes an envelope or other covering
so that the contents of the ballot are not visible during
transmission.
``(b) Confirmation of Acceptance of Ballot Prior to Election.--
``(1) Requirement to implement tracking procedures.--
``(A) In general.--The State or local election
official responsible for the receipt of voted absentee
ballots in an election for Federal office shall
implement procedures to track and confirm the receipt
of such ballots, and to make information on the receipt
of such ballots available prior to the date of the
election to the individual who cast the ballot, by
means of online access using the Internet site of the
official's office.
``(B) Use of toll-free telephone number.--If the
office of the election official responsible for the
receipt of voted absentee ballots in an election for
Federal office does not have an Internet site, the
official may meet the requirements of subparagraph (A)
by operating a toll-free telephone number that may be
used by an individual who cast an absentee ballot to
obtain the information involved.
``(C) Information specified.--The information
referred to in subparagraphs (A) and (B) with respect
to the receipt of an absentee ballot shall include
information regarding whether the vote cast on the
ballot was counted, and, in the case of a vote which
was not counted, the reasons therefor.
``(2) Treatment of individuals subsequently casting ballots
at polling place.--If an individual is informed prior to the
date of an election in accordance with the procedures
implemented under paragraph (1) that a vote cast by the
individual on an absentee ballot will not be counted in the
election and the individual casts a ballot at the polling place
on the date of the election--
``(A) the vote cast on the absentee ballot shall
not be counted in the election;
``(B) the ballot cast at the polling place shall be
treated as a regular ballot and not as a provisional
ballot (unless the ballot would otherwise be subject to
treatment as a provisional ballot under section
302(a)), and shall be counted if the individual is
eligible to vote in the election; and
``(C) the individual shall not be considered to be
in violation of any law which prohibits an individual
from casting more than one vote in any election;
without regard to whether or not the information provided to
the individual in accordance with the procedures implemented
under paragraph (1) is correct.
``(c) Prohibiting Rejection of Ballot for Lack of Notarization.--A
State may not refuse to accept an absentee ballot in an election for
Federal office solely on the grounds that the ballot is not notarized
or signed by a witness.
``(d) No Effect on Requirements Applicable to Absentee Voting by
Members of Uniformed Services or Overseas Citizens.--The provisions of
this section may not be construed to affect any requirement of the
Uniformed and Overseas Citizens Absentee Voting Act.''.
(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:
``Sec. 303A. Requirements for treatment of absentee ballots.''. | Let My Absentee Ballot Count Act of 2010 - Amends the Help America Vote Act of 2002 to require state and local election officials, in designing the absentee ballot used in an election for federal office, to consult with the U.S. Postal Service so that the ballot is designed in a manner which minimizes the amount of postage required for the voter to return the ballot.
Requires a state to design each such absentee ballot in a manner which includes an envelope or other covering so that the contents of the ballot are not visible during transmission.
Requires the state or local election official responsible for the receipt of voted absentee ballots to implement procedures to track and confirm their receipt, and to make the tracking information available to the voter before election day, by means of online access using the Internet site of the official's office.
States that, if an individual eligible to vote is informed before election day that the individual's absentee ballot will not be counted, and the individual casts a ballot at the polling place on election day, then: (1) the vote cast on the absentee ballot shall not be counted; (2) the ballot cast at the polling place shall be treated as a regular ballot and not as a provisional ballot, and shall be counted; and (3) the individual shall not be considered to be in violation of any law which prohibits an individual from casting more than one vote in any election.
Prohibits a state from refusing to accept an absentee ballot in a federal election solely on the grounds that the ballot is not notarized or signed by a witness. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to establish requirements for the treatment of absentee ballots in elections for Federal office, and for other purposes."} | 1,080 | 361 | 0.739629 | 2.025779 | 0.780839 | 5.931148 | 2.95082 | 0.954098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Sea Grant College Program
Act Amendments of 2002''.
SEC. 2. AMENDMENTS TO FINDINGS.
Findings.--Section 202(a)(6) of the National Sea Grant College
Program Act (33 U.S.C. 1121(a)(6)) is amended by striking the period at
the end and inserting ``, including strong collaborations between
Administration scientists and scientists at academic institutions.''.
SEC. 3. REQUIREMENTS APPLICABLE TO NATIONAL SEA GRANT COLLEGE PROGRAM.
(a) Quadrennial Strategic Plan.--Section 204 (c)(1) of the National
Sea Grant College Program Act (33 U.S.C. 1123 (c)(1)) is amended to
read as follows: ``The Secretary, in consultation with the panel, sea
grant colleges, and sea grant institutes, shall develop at least every
4 years a strategic plan which establishes priorities for the national
sea grant college program, provides an appropriately balanced response
to local, regional, and national needs, and is reflective of
integration with the strategic plans of the Department of Commerce and
of NOAA.''.
(b) Allocation of Funding.--Section 204(d)(3)(B) of the National
Sea Grant College Program Act (33 U.S.C. 1123(d)(3)(B)) is amended.--
(1) by striking ``and'' after the semicolon at the end of
clause (ii);
(2) by adding at the end the following:
``(iv) encourage and promote coordination
and cooperation between the research,
education, and outreach programs of the
Administration and those of academic
institutions; and''.
(c) Ensuring Equal Access.--Section 208(a) of such Act (33 U.S.C.
1127(a)) is amended by adding at the end the following: ``The Secretary
shall strive to ensure equal access for minority and economically
disadvantaged students to the program carried out under this
subsection.''.
SEC. 4. TERMS OF MEMBERSHIP FOR SEA GRANT REVIEW PANEL.
Section 209(c)(2) of the National Sea Grant College Program Act (33
U.S.C. 1128(c)(2)) is amended by striking the first sentence and
inserting the following: ``The term of office of a voting member of the
panel shall be 3 years for a member appointed before the date of
enactment of the National Sea Grant College Program Act Amendments of
2002, and 4 years for a member appointed or reappointed after the date
of enactment of the National Sea Grant College Program Act Amendments
of 2002. The Director may extend the term of office of a voting member
of the panel appointed before the date of enactment of the National Sea
Grant College Program Act Amendments of 2002 by up to 1 year.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Subsections (a) and (b) of section 212 of the
National Sea Grant College Program Act (33 U.S.C. 1131) are amended to
read as follows:
``(a) Authorization.--
``(1) In general.--There are authorized to be appropriated
to the Secretary to carry out this title--
``(A) $75,000,000 for fiscal year 2004;
``(B) $77,500,000 for fiscal year 2005;
``(C) $80,000,000 for fiscal year 2006;
``(D) $82,500,000 for fiscal year 2007; and
``(E) $85,000,000 for fiscal year 2008.
``(2) Priority research.--In addition to the amount
authorized under paragraph (1), there are authorized to be
appropriated for each of fiscal years 2004 through 2008--
``(A) $5,000,000 for competitive grants for
university research on biology and control of zebra
mussels and other important non-native species as
identified in section 1301(b)(4)(A) of the
Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4171(b)(4)(A));
``(B) $5,000,000 for competitive grants for
university research on oyster diseases, oyster
restoration, and oyster-related human health risks;
``(C) $5,000,000 for competitive grants for
university research on the biology, prevention, and
forecasting of harmful algal blooms, including
Pfiesteria piscicida; and
``(D) $3,000,000 for competitive grants for
research contributing to the fisheries extension
program to enhance, not supplant, existing core program
funding.
``(b) Limitations.--
``(1) Administration.--There may not be used for
administration of programs under this title in a fiscal year
more than 5 percent of the lesser of--
``(A) the amount authorized to be appropriated
under this title for the fiscal year; or
``(B) the amount appropriated under this title for
the fiscal year.
``(2) Use for other offices or programs.--Sums appropriated
under the authority of subsection (a)(2) shall not be available
for administration of this title by the National Sea Grant
Office, for any other Administration or department program, or
for any other administrative expenses.''.
(b) Distribution of Funds.--Such section is further amended by
striking subsection (c) and inserting the following:
``(c) Distribution of Funds.--In any fiscal year in which the
appropriations made pursuant to subsection (a)(1) exceed the amounts
appropriated for fiscal year 2003 for the purposes described in such
subsection, the Secretary shall distribute the excess amounts (except
amounts used for the administration of programs) solely to--
``(1) State sea grant programs on a merit reviewed,
competitive basis to support, enhance, and reward programs that
are best managed and carry out the highest quality research,
education, extension, and training programs; and
``(2) national strategic initiatives.''. | National Sea Grant College Program Act Amendments of 2002 - Amends the National Sea Grant College Program Act to include an emphasis on management and collaboration between academia and the scientists and programs of the National Oceanic and Atmospheric Administration (NOAA).Requires the Secretary of Commerce's strategic plan to be developed at least every four years and integrate with the strategic plans of the Department of Commerce and of NOAA. Requires the Secretary to strive for equal access for minority and economically disadvantaged students to the graduate and post-graduate fellowship program.Revises and expands the terms of membership for the sea grant review panel.Authorizes appropriations for: (1) FY 2004 through 2008; and (2) competitive research grants concerning zebra mussels, oysters, harmful algal blooms, and additional support to the fisheries extension program. Limits the percentage of funds available for administration. | {"src": "billsum_train", "title": "A bill to amend the National Sea Grant College Program Act."} | 1,339 | 193 | 0.627161 | 1.831308 | 0.856444 | 3.025478 | 7.318471 | 0.821656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Improvement Act of
2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Effective regulatory programs provide important
benefits to the public, including protecting the environment,
worker safety, and public health. Regulatory programs also
impose significant costs on individuals, businesses, and State,
local, and tribal governments.
(2) Improving the ability of Federal agencies to use
scientific and economic analysis in developing regulations
should yield more effective protections while minimizing costs.
(3) Cost-benefit analysis and risk assessment are useful
tools to better inform agencies in developing regulations,
though such analyses do not replace good judgment and values.
(4) The evaluation of costs and benefits should involve all
relevant information, expressed in comparable terms.
(5) Cost-benefit analysis and risk assessment should be
presented with a clear statement of the analytical assumptions
and uncertainties, including an explanation of what is known
and not known and what the implications of alternative
assumptions might be.
(6) The public has a right to know about the costs and
benefits of regulations, the risks addressed, the risks
reduced, and the quality of scientific and economic analysis
used to support decisions. Such knowledge will promote the
quality, integrity, responsiveness, and acceptability of agency
actions.
(7) The Administrator of the Office of Information and
Regulatory Affairs should oversee regulatory activities to
raise the quality and consistency of cost-benefit analysis and
risk assessment among all agencies.
(8) The Federal Government should develop a better
understanding of the strengths and weaknesses of cost-benefit
analysis and risk assessment and conduct the research needed to
improve these analytical tools.
SEC. 3. REGULATORY IMPACT ANALYSIS.
(a) In General.--Chapter 6 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER II--REGULATORY IMPACT ANALYSIS
``Sec. 621. Definitions
``For purposes of this subchapter the definitions under section 551
shall apply and--
``(1) the term `benefit' means a reasonably identifiable
favorable effect, which may include social, health, safety,
environmental, and economic effects;
``(2) the term `cost' means a reasonably identifiable
adverse effect, which may include social, health, safety,
environmental, and economic, effects;
``(3) the term `cost-benefit analysis' means a comparison
of the costs and benefits, quantified to the extent possible,
that are expected to result from the implementation of a rule;
``(4) the term `Director' means the Director of the Office
of Management and Budget, acting through the Administrator of
the Office of Information and Regulatory Affairs;
``(5) the term `major rule' means a rule that--
``(A) may have an effect on the economy of $100
million or more;
``(B) may adversely affect, in a material way, the
economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, or State, local, or tribal governments, or
communities; or
``(C) is so designated by the Director not later
than 30 days after the close of the comment period for
a rule or the publication of a direct final rule, such
designation being published, together with a succinct
statement of the basis for the designation, within 30
days after the date of the designation.
``(6) the term `quantified' means measured and expressed in
numerical and, as necessary, comparable terms.
``(7) the term `regulatory impact analysis' means--
``(A) a cost-benefit analysis of a rule;
``(B) cost-benefit analyses of a reasonable number
of alternative rules reflecting the range of options
that would comply with the statute granting rule making
authority, including where feasible rules that--
``(i) require no government action;
``(ii) utilize only voluntary or
educational programs;
``(iii) provide flexibility for small
entities as defined in section 601(6); and
``(iv) use market-based mechanisms,
results-oriented performance-based standards,
or other options that promote flexibility for
regulated persons and for State, local, or
tribal governments delegated authority to
administer a Federal program; and
``(C) if the primary purpose of the rule is to
address health, safety, or environmental risks--
``(i) a risk assessment of the proposed
rule; and
``(ii) an evaluation of any substitution
risk relating to the proposed rule;
``(8) the term `risk assessment' means the systematic,
objective process of organizing hazard and exposure
information, based on a careful analysis of the weight of the
scientific evidence, to estimate the potential for specific
harm to an exposed population or resource, including, to the
extent feasible, a characterization of the distribution of risk
as well as an analysis of uncertainties, variabilities,
conflicting information, inferences, and assumptions and
includes--
``(A) an identification of the hazard addressed by
the rule, including data on the harm addressed by the
rule and the conditions that produce it;
``(B) an identification of the populations or
natural resources that are subject to the hazard
addressed by the rule;
``(C) an assessment of the quantitative relation
between the amount of exposure to the agent or activity
addressed by the rule and the extent of the harms
addressed by the rule;
``(D) an assessment of exposure, including a
description of the nature and size of the populations
or resources exposed to an agent or activity addressed
by the rule and the magnitude and duration of their
exposure;
``(E) an integration of the information from
subparagraphs (A) through (D) to determine the
reasonable likelihood that a population or resource
will experience the harms addressed by the rule; and
``(F) a description of the major uncertainties in
each component of the risk assessment and their
influence on the results of the risk assessment; and
``(9) the term `substitution risk' means an identifiable
risk of harm to health, safety, or the environment expected to
result from the implementation of a rule.
``Sec. 622. Regulatory impact analysis
``(a)(1) When an agency publishes a notice of proposed rule making
for a major rule, the agency shall--
``(A) prepare and place in the rule making file an initial
regulatory impact analysis; and
``(B) include a summary of such analysis in the notice of
proposed rule making.
``(2) When the Director has designated a rule a major rule under
section 621(5)(C) or when the agency has published an interim final
major rule, the agency shall--
``(A) promptly prepare and place in the rule making file an
initial regulatory impact analysis for the rule;
``(B) publish in the Federal Register a summary of such
analysis; and
``(C) give interested parties the same opportunity to
comment under section 553 as if the initial regulatory impact
analysis had been issued with the notice of proposed rule
making.
``(b) When the agency publishes a final major rule, or at the
conclusion of the comment period required by subsection (a)(2)(C), the
agency shall prepare and place in the rule making file a final
regulatory impact analysis which shall address each of the requirements
of the initial regulatory impact analysis required by subsection
(a)(1)(A) or (a)(2)(A) revised to reflect--
``(1) any material changes made to the proposed rule by the
agency after publication of the notice of proposed rule making;
``(2) any material changes made to the cost-benefit
analysis or risk assessment; and
``(3) agency consideration of significant comments received
regarding the proposed rule and the initial regulatory impact
analysis.''.
SEC. 4. RISK BASED PRIORITIES STUDY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Director of the Office of Management and Budget, in
consultation with the Director of the Office of Science and Technology
Policy, shall enter into a contract with an accredited scientific
institution to conduct a study that provides--
(1) a systematic comparison of the extent and severity of
significant risks to human health, safety, or the environment
(hereafter referred to as a comparative risk analysis);
(2) a study of methodologies for using comparative risk
analysis to compare dissimilar risks to human health, safety,
or the environment, including development of a common basis to
assist comparative risk analysis related to both carcinogens
and noncarcinogens; and
(3) recommendations on the use of comparative risk analysis
in setting priorities for the reduction of risks to human
health, safety, or the environment.
(b) The Director shall ensure that the study required under
subsection (a) is--
(1) conducted through an open process providing
opportunities for public comment and participation; and
(2) not later than 3 years after the date of enactment of
this Act, completed and submitted to Congress and the
President.
(c) Not later than 4 years after the date of enactment of this Act,
each relevant agency shall, as appropriate, use the results of the
study required under subsection (a) to inform the agency in the
preparation of the agency's annual budget and strategic plan and
performance plan under section 306 of title 5, United States Code, and
sections 1115, 1116, 1117, 1118, and 1119 of title 31, United States
Code.
(d) Not later than 5 years after the date of enactment of this Act,
and periodically thereafter, the President shall submit a report to
Congress recommending legislative changes to assist in setting
priorities to more effectively and efficiently reduce risks to human
health, safety, or the environment.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Subchapter Heading.--Chapter 6 of title 5, United States Code,
is amended by inserting before section 601 the following:
``SUBCHAPTER I--ANALYSIS OF REGULATORY FLEXIBILITY''.
(b) Table of Sections.--The table of sections for chapter 6 of
title 5, United States Code, is amended--
(1) by inserting before the reference to section 601 the
following:
``SUBCHAPTER I--ANALYSIS OF REGULATORY FLEXIBILITY'';
and
(2) by adding at the end the following:
``SUBCHAPTER II--REGULATORY IMPACT ANALYSIS
``621. Definitions.
``622. Regulatory impact analysis.''.
(c) Conforming Amendments.--Subchapter I of chapter 6 of title 5,
United States Code, is amended by striking ``this chapter'' each place
it occurs and inserting ``this subchapter''.
SEC. 6. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act shall take
effect 180 days after the date of enactment of this Act, but shall not
apply to any agency rule for which a notice of proposed rule making is
published on or before 60 days before the date of enactment of this
Act. | Requires that, when the Director of the Office of Management and Budget has designated a rule as a major rule, or when an agency has published an interim final major rule, such agency shall: (1) promptly prepare and place in the rule making file an initial regulatory impact analysis; (2) publish in the Federal Register a summary of such analysis; and (3) give interested parties the same opportunity to comment as if the initial regulatory impact analysis had been issued with the notice of proposed rule making. Requires an agency publishing a final major rule to prepare and place in the rule making file a final regulatory impact analysis which shall reflect any changes made to the proposed rule or its cost-benefit analysis or risk assessment, as well as agency consideration of comments from interested parties as provided above.
Mandates a comparative risk study by the Director of the extent and severity of significant risks to human health, safety, or the environment. Requires the President to periodically report to Congress recommending legislation to reduce such risks. | {"src": "billsum_train", "title": "Regulatory Improvement Act of 2000"} | 2,449 | 212 | 0.479981 | 1.380394 | 0.59001 | 5.065657 | 11.924242 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fitness Integrated Into Teaching
Kids Act'' or the ``FIT Kids Act''.
SEC. 2. AMENDMENTS TO THE CAROL M. WHITE PHYSICAL EDUCATION PROGRAM.
Subpart 10 of part D of title V of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7261 et seq.) is amended to read as
follows:
``Subpart 10--Physical Education
``SEC. 5501. SHORT TITLE.
``This subpart may be cited as the `Carol M. White Physical
Education Program'.
``SEC. 5502. PURPOSE.
``The purpose of this subpart is to award grants to initiate,
expand, and improve physical education programs for all kindergarten
through 12th-grade students.
``SEC. 5503. ALLOCATION OF FUNDS.
``(a) Grants to Local Educational Agencies and Community-Based
Organizations.--The Secretary shall use the funds made available to
carry out this subpart, except funds reserved under subsection (b) (if
any), to support grants to local educational agencies and community
based organizations under section 5504.
``(b) Grants to States.--Of the funds appropriated to carry out
this subpart for a fiscal year, the Secretary shall reserve 25 percent
of the amount by which such funds exceed $75,000,000 to award grants to
States, on a competitive basis, in accordance with section 5505.
``SEC. 5504. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND COMMUNITY-BASED
ORGANIZATIONS.
``(a) Authorization.--The Secretary is authorized to award grants
to local educational agencies and community-based organizations (such
as Boys and Girls Clubs, Boy Scouts and Girl Scouts, and the Young
Men's Christian Organization (YMCA) and Young Women's Christian
Organization (YWCA)) to pay the Federal share of the costs of
initiating, expanding, and improving physical education programs
(including after-school programs) for kindergarten through 12th-grade
students by--
``(1) providing equipment and support to enable students to
participate actively in physical education activities; and
``(2) providing funds for staff and teacher training and
education.
``(b) Program Elements.--A physical education program funded under
this section may provide for one or more of the following:
``(1) Fitness education and assessment to help students
understand, improve, or maintain their physical well-being.
``(2) Instruction in a variety of motor skills and physical
activities designed to enhance the physical, mental, and social
or emotional development of every student.
``(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that support a
lifelong healthy lifestyle.
``(4) Opportunities to develop positive social and
cooperative skills through physical activity participation.
``(5) Instruction in healthy eating habits and good
nutrition.
``(6) Opportunities for professional development for
teachers of physical education to stay abreast of the latest
research, issues, and trends in the field of physical
education.
``(c) Special Rule.--For the purpose of this section,
extracurricular activities, such as team sports and Reserve Officers'
Training Corps (ROTC) program activities, shall not be considered as
part of the curriculum of a physical education program assisted under
this section.
``(d) Applications.--
``(1) In general.--Each local educational agency or
community-based organization desiring a grant under this
section shall submit to the Secretary an application that
contains a plan to initiate, expand, or improve physical
education programs in order to make progress toward meeting
State standards for physical education.
``(2) Private school and home-schooled students.--An
application for funds under this section may provide for the
participation, in the activities funded under this section,
of--
``(A) students enrolled in private nonprofit
elementary schools or secondary schools, and their
parents and teachers; or
``(B) home-schooled students, and their parents and
teachers.
``(e) Annual Report to the Secretary.--In order to continue
receiving funding after the first year of a multiyear grant under this
section, the administrator of the grant for the local educational
agency or community-based organization shall submit to the Secretary an
annual report that--
``(1) describes the activities conducted during the
preceding year; and
``(2) demonstrates that progress has been made toward
meeting State standards for physical education.
``(f) Administrative Expenses.--Not more than 5 percent of the
grant funds made available to a local educational agency or community-
based organization under this section for any fiscal year may be used
for administrative expenses.
``(g) Federal Share.--The Federal share under this section may not
exceed--
``(1) 90 percent of the total cost of a program for the
first year for which the program receives assistance under this
section; and
``(2) 75 percent of such cost for the second and each
subsequent such year.
``(h) Proportionality.--To the extent practicable, the Secretary
shall ensure that grants awarded under this section shall be equitably
distributed among local educational agencies and community-based
organizations serving urban and rural areas.
``(i) Report to Congress.--Not later than 2 years after the
Secretary awards the first grant under this section, the Secretary
shall submit a report to Congress that--
``(1) describes the programs assisted under this section;
``(2) documents the success of such programs in improving
physical fitness; and
``(3) makes such recommendations as the Secretary
determines appropriate for the continuation and improvement of
the programs assisted under this section.
``SEC. 5505. GRANTS TO STATES.
``(a) Authorization.--Subject to the availability of funds
described in section 5503, the Secretary is authorized to award grants
to States to implement comprehensive programs that address the purpose
of this subpart. Such programs shall be based on--
``(1) scientifically valid research, to the extent
feasible; and
``(2) an analysis of need that considers, at a minimum, the
indicators in the State's measurement system described in
subsection (e).
``(b) Application.--A State that desires to receive a grant under
this section shall submit an application at such time, in such manner,
and containing such information as the Secretary may require. At a
minimum, the application shall include--
``(1) an analysis of the needs of the schools and students
in the State in the areas of physical activity, physical
education, fitness, and nutrition, which shall include a
description of, and data measuring, conditions of the State in
the areas of physical activity, physical education, fitness,
and nutrition;
``(2) a plan for improving the physical activity, physical
education, fitness, and nutrition of students in the State,
which may be part of a broader statewide child and youth plan
if the plan proposes to implement activities responsive to the
results of the needs analysis described in paragraph (1); and
``(3) a description of how the State will--
``(A) develop, adopt, adapt, or implement the
State's measurement system described in subsection (e),
and how the State will ensure that all local
educational agencies and schools in the State
participate in such system;
``(B) ensure the quality and validity of the
State's procedures for collecting the data needed to
implement that measurement system;
``(C) coordinate the proposed activities with other
Federal and State programs, which may include programs
to expand learning time and for before- and after-
school programming;
``(D) assist local educational agencies in aligning
the activities such agencies carry out under this
section with funds from other sources in order to
support a coherent and nonduplicative program; and
``(E) solicit and approve applications for
subgrants under subsection (g), including how the State
will--
``(i) consider the results of the analysis
described in paragraph (1) in the State's
distribution of subgrants; and
``(ii) address the needs of diverse
geographic areas in the State, including rural
and urban communities.
``(c) Reservation of Funds.--A State that receives a grant under
this section shall--
``(1) reserve not more than 5 percent of the grant funds
for administration of the program implemented with such grant,
technical assistance, professional development of teachers, and
the development, improvement, and implementation of the State's
measurement system, as described in subsection (e); and
``(2) use the remainder of grant funds to award subgrants,
on a competitive basis, to eligible local applicants.
``(d) State Activities.--A State that receives a grant under this
section shall--
``(1) establish a statewide physical education requirement
that is consistent with widely recognized standards;
``(2) not later than 1 year after receipt of the grant,
develop, adapt, improve, or adopt and implement the statewide
measurement system described in subsection (e) (unless the
State can demonstrate, to the satisfaction of the Secretary,
that an appropriate system has already been implemented) that
annually measures the progress of each local educational agency
in the State on the measures described in that subsection;
``(3) not later than 18 months after receipt of the grant
and annually thereafter, provide a public report to local
educational agencies in the State on the data collected in the
State's measurement system described in subsection (e), in a
timely and highly accessible manner, and in a manner that does
not reveal personally identifiable information of students;
``(4) award subgrants, consistent with subsection (g), to
eligible local applicants;
``(5) use the results of the data collected in the
measurement system described in subsection (e) to help
subgrantees identify and address school and student needs;
``(6) provide professional development that is directly
related to the fields of physical education and health
education to physical education teachers and health education
teachers to help ensure that children are leading healthy,
active lifestyles that are conducive to effective learning; and
``(7) monitor subgrants and provide technical assistance to
subgrantees on the implementation of subgrant activities.
``(e) Measurement System.--Each State that receives a grant under
this section shall establish a State reporting and information system
that is, to the extent practicable, part of the State's statewide
longitudinal data system and with the State's system for reporting the
data required under section 1111 and that measures conditions at the
local educational agency level related to physical fitness, physical
education, student health, and nutrition, including information on--
``(1) the amount of time students spend in required
physical education and the amount of time they spend in
moderate to vigorous physical activity;
``(2) whether a local educational agency has a required,
age-appropriate physical education curriculum for all students
that adheres to State standards and to national guidelines
adopted by the Centers for Disease Control and Prevention;
``(3) the number of physical education teachers employed by
the local educational agency who are State-licensed or State-
certified as physical education teachers, and the number of
physical education teachers who are not so licensed or
certified;
``(4) the number of schools operated by the local
educational agency that have (and the number that do not have)
a school health council that--
``(A) includes parents, students, representatives
of the school food authority, representatives of the
school board, school administrators, and members of the
public; and
``(B) meets at least monthly to promote a healthy
school environment; and
``(5) the number of square feet of facilities
(disaggregated by indoor and outdoor facilities) under the
control or use of the agency that are primarily used for
physical education and the number of square feet (so
disaggregated) that are primarily used for other physical
activity.
``(f) Compiling Statistics.--In compiling the statistics required
pursuant to subsection (e)--
``(1) the State shall ensure use of uniform definitions and
data collection procedures for all local educational agencies
statewide;
``(2) the State shall collect the data required under
subsection (e) at least annually; and
``(3) the State and its subgrantees shall use the data for
planning and continuous improvement of activities implemented
under this section, and subgrantees may collect data for
indicators that are locally defined, and that are not reported
to the State, to meet local needs (so long as such indicators
are aligned with the objectives of this section).
``(g) Subgrants to Eligible Local Applicants.--
``(1) Subgrants.--A State that receives a grant under this
section shall award subgrants, on a competitive basis, to
eligible local applicants--
``(A) based on need, as identified by the State's
measurement system described in subsection (e);
``(B) that are of sufficient size and scope to
enable such applicants to carry out approved
activities; and
``(C) to implement programs that are comprehensive
in nature and that promote physical activity, physical
education, fitness, and nutrition.
``(2) Applications.--An eligible local applicant that
desires to receive a subgrant under this subsection shall
submit to the State an application at such time, in such
manner, and containing such information as the State may
require.
``(3) Priority.--In awarding subgrants under this
subsection, a State shall give priority to applications that--
``(A) demonstrate the greatest need according to
the results identified by the State's measurement
system described in subsection (e); and
``(B) propose to serve schools with the highest
concentrations of poverty, based on the percentage of
students receiving or eligible to receive a free or
reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(4) Activities of subgrantees.--Each recipient of a
subgrant under this subsection shall, for the duration of the
subgrant--
``(A) carry out programs to promote physical
activity, physical education, fitness, and nutrition--
``(i) the need for which has been
identified through the State's measurement
system described in subsection (e); and
``(ii) that are part of a comprehensive
strategy or framework to address such need;
``(B) ensure that each framework, intervention, or
program selected to be implemented through the subgrant
be based, if feasible, on scientifically valid research
and be used for the purpose for which such framework,
intervention, or program was found to be effective;
``(C) collect and report to the State educational
agency data for schools served by the subgrantee, in a
manner consistent with the State's measurement system,
described in subsection (e);
``(D) establish policies to expand access to
quality physical activity opportunities, including
local school wellness policies consistent with the
requirements of section 9A of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758b); and
``(E) consider and accommodate the unique needs of
students with disabilities and English learners in
implementing activities.
``(h) Annual State Report.--Each State that receives a grant under
this section shall prepare and submit an annual report to the Secretary
on the use of funds under this section.
``SEC. 5506. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under this subpart shall be used to
supplement, and not supplant, any other Federal, State, or local funds
available for physical education activities.''. | Fitness Integrated Into Teaching Kids Act or the FIT Kids Act This bill amends the Elementary and Secondary Education Act of 1965 to reauthorize and amend the Carol M. White Physical Education Program. The program is administered by the Department of Education (ED) and awards grants to local educational agencies, community-based organizations, and states to initiate, expand, and improve physical education programs for kindergarten through 12th grade students. Of the funds appropriated for the program, ED must reserve a portion to award competitive grants for states to implement comprehensive programs based on: (1) scientifically valid research, and (2) an analysis of need that considers indicators in a state system measuring conditions related to physical fitness, physical education, student health, and nutrition. A state applying for a competitive grant must submit: (1) an analysis of needs in the areas of physical activity, physical education, fitness, and nutrition; (2) a plan for improvement; and (3) a description of how the state will implement a measurement system, coordinate with other state and federal programs, assist local educational agencies, and award subgrants. States receiving competitive grants must: (1) reserve no more than 5% of the funds for administration, technical assistance, professional development for teachers, and a measurement system; and (2) use the remaining funds for competitive subgrants. States receiving grants must also: establish a statewide physical education requirement, implement a measurement system, provide a public report including data from the measurement system, award subgrants using specified criteria, use the measurement system to assist subgrantees in addressing needs, provide professional development for teachers, and monitor subgrants. | {"src": "billsum_train", "title": "FIT Kids Act"} | 3,422 | 348 | 0.5486 | 1.611573 | 0.804195 | 3.468944 | 10.319876 | 0.916149 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Platte River
Recovery Implementation Program and Pathfinder Modification
Authorization Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM
Sec. 101. Definitions.
Sec. 102. Implementation of Program.
Sec. 103. Cost-sharing contributions.
Sec. 104. Authority to modify Program.
Sec. 105. Effect.
Sec. 106. Authorization of appropriations.
Sec. 107. Termination of authority.
TITLE II--PATHFINDER MODIFICATION PROJECT
Sec. 201. Authorization of project.
Sec. 202. Authorized uses of pathfinder reservoir.
SEC. 2. PURPOSES.
The purposes of this Act are to authorize--
(1) the Secretary of the Interior, acting through the
Commissioner of Reclamation and in partnership with the States,
other Federal agencies, and other non-Federal entities, to
continue the cooperative effort among the Federal and non-
Federal entities through the implementation of the Platte River
Recovery Implementation Program for threatened and endangered
species in the Central and Lower Platte River Basin without
creating Federal water rights or requiring the grant of water
rights to Federal entities; and
(2) the modification of the Pathfinder Dam and Reservoir.
TITLE I--PLATTE RIVER RECOVERY IMPLEMENTATION PROGRAM
SEC. 101. DEFINITIONS.
In this title:
(1) Agreement.--The term ``Agreement'' means the Platte
River Recovery Implementation Program Cooperative Agreement
entered into by the Governors of the States and the Secretary.
(2) First increment.--The term ``First Increment'' means
the first 13 years of the Program.
(3) Governance committee.--The term ``Governance
Committee'' means the governance committee established under
the Agreement and composed of members from the States, the
Federal Government, environmental interests, and water users.
(4) Interest in land or water.--The term ``interest in land
or water'' includes a fee title, short- or long-term easement,
lease, or other contractual arrangement that is determined to
be necessary by the Secretary to implement the land and water
components of the Program.
(5) Program.--The term ``Program'' means the Platte River
Recovery Implementation Program established under the
Agreement.
(6) Project or activity.--The term ``project or activity''
means--
(A) the planning, design, permitting or other
compliance activity, preconstruction activity,
construction, construction management, operation,
maintenance, and replacement of a facility;
(B) the acquisition of an interest in land or
water;
(C) habitat restoration;
(D) research and monitoring;
(E) program administration; and
(F) any other activity that is determined to be
necessary by the Secretary to carry out the Program.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(8) States.--The term ``States'' means the States of
Nebraska, Wyoming, and Colorado.
SEC. 102. IMPLEMENTATION OF PROGRAM.
(a) In General.--The Secretary, in cooperation with the Governance
Committee, may--
(1) participate in the Program; and
(2) carry out any projects and activities that are
designated for implementation during the First Increment.
(b) Authority of Secretary.--For purposes of carrying out this
title, the Secretary, in cooperation with the Governance Committee,
may--
(1) enter into agreements and contracts with Federal and
non-Federal entities;
(2) acquire interests in land, water, and facilities from
willing sellers without the use of eminent domain;
(3) subsequently transfer any interests acquired under
paragraph (2); and
(4) accept or provide grants.
SEC. 103. COST-SHARING CONTRIBUTIONS.
(a) In General.--The States shall contribute not less than 50
percent of the total contributions necessary to carry out the Program.
(b) Non-Federal Contributions.--The following contributions shall
constitute the States' share of the Program:
(1) $30,000,000 in non-Federal funds, with the balance of
funds remaining to be contributed to be adjusted for inflation
on October 1 of the year after the date of enactment of this
Act and each October 1 thereafter.
(2) Credit for contributions of water or land for the
purposes of implementing the Program, as determined to be
appropriate by the Secretary.
(c) In-Kind Contributions.--The Secretary or the States may elect
to provide a portion of the Federal share or non-Federal share,
respectively, in the form of in-kind goods or services, if the
contribution of goods or services is approved by the Governance
Committee, as provided in Attachment 1 of the Agreement.
SEC. 104. AUTHORITY TO MODIFY PROGRAM.
The Program may be modified or amended before the completion of the
First Increment if the Secretary and the States determines that the
modifications are consistent with the purposes of the Program.
SEC. 105. EFFECT.
(a) Effect on Reclamation Laws.--No action carried out under this
title shall, with respect to the acreage limitation provisions of the
reclamation laws--
(1) be considered in determining whether a district (as the
term is defined in section 202 of the Reclamation Reform Act of
1982 (43 U.S.C. 390bb)) has discharged the obligation of the
district to repay the construction cost of project facilities
used to make irrigation water available for delivery to land in
the district;
(2) serve as the basis for reinstating acreage limitation
provisions in a district that has completed payment of the
construction obligations of the district; or
(3) serve as the basis for increasing the construction
repayment obligation of the district, which would extend the
period during which the acreage limitation provisions would
apply.
(b) Effect on Water Rights.--Nothing in this title --
(1) creates Federal water rights; or
(2) requires the grant of water rights to Federal entities.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out projects and activities under this title $157,140,000, as adjusted
under subsection (c).
(b) Nonreimbursable Federal Expenditures.--Any amounts expended
under subsection (a) shall be considered to be nonreimbursable Federal
expenditures.
(c) Adjustment.--The balance of funds remaining to be appropriated
shall be adjusted for inflation on October 1 of the year after the
enactment of this Act and each October 1 thereafter.
(d) Availability of Funds.--At the end of each fiscal year, any
unexpended funds for projects and activities made available under
subsection (a) shall be retained for use in future fiscal years to
implement projects and activities under the Program.
SEC. 107. TERMINATION OF AUTHORITY.
The authority for the Secretary to implement the First Increment
shall terminate on September 30, 2020.
TITLE II--PATHFINDER MODIFICATION PROJECT
SEC. 201. AUTHORIZATION OF PROJECT.
(a) In General.--The Secretary of the Interior, acting through the
Commissioner of Reclamation (referred to in this title as the
``Secretary''), may--
(1) modify the Pathfinder Dam and Reservoir; and
(2) enter into 1 or more agreements with the State of
Wyoming to implement the Pathfinder Modification Project
(referred to in this title as the ``Project''), as described in
Appendix F to the Final Settlement Stipulation in Nebraska v.
Wyoming, 534 U.S. 40 (2001).
(b) Federal Appropriations.--No Federal appropriations are required
to modify the Pathfinder Dam under this section.
SEC. 202. AUTHORIZED USES OF PATHFINDER RESERVOIR.
The approximately 54,000 acre-feet capacity of Pathfinder
Reservoir, which has been lost to sediment but will be recaptured by
the Project, may be used for municipal, environmental, and other
purposes, as described in Appendix F to the Final Settlement
Stipulation in Nebraska v. Wyoming, 534 U.S. 40 (2001). | Platte River Recovery Implementation Program and Pathfinder Modification Authorization Act of 2006 - Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation and in cooperation with the Governance Committee established under the Platte River Recovery Implementation Program Cooperative Agreement, to: (1) participate in such Program; (2) carry out any projects or activities that are designated for implementation during the Program's first 13 years (First Increment); (3) acquire interests in land, water, and facilities from willing sellers; (4) transfer acquired interests; and (5) accept or provide grants.
Allows the Program to be modified before the completion of the First Increment if the Secretary and the states of Nebraska, Wyoming, and Colorado determine that the modifications are consistent with program purposes. Terminates the Secretary's authority to implement the First Increment on September 30, 2020.
Authorizes the Secretary, acting through the Commissioner, to: (1) modify the Pathfinder Dam and Reservoir; and (2) enter one or more agreements with the state of Wyoming to implement the Pathfinder Modification Project. Authorizes the capacity of the Pathfinder Reservoir to be used for municipal, environmental, and other purposes, as described in Appendix F to the final settlement stipulation in Nebraska v. Wyoming. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to participate in the implementation of the Platte River Recovery Implementation Program for Endangered Species in the Central and Lower Platte River Basin and to modify the Pathfinder Dam and Reservoir."} | 1,917 | 270 | 0.64021 | 2.005794 | 0.911115 | 5.140496 | 6.884298 | 0.958678 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Energy Savings Act of 2012''.
SEC. 2. MODIFICATION AND EXTENSION OF CREDIT FOR NONBUSINESS ENERGY
PROPERTY.
(a) Credit Made Permanent.--Section 25C of the Internal Revenue
Code of 1986 is amended by striking subsection (g).
(b) Modification to Limitations.--Subsection (b) of section 25C of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``$500'' in paragraph (1) and inserting
``$1,000'', and
(2) by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2).
(c) Labor Costs Included in Credit.--Paragraph (1) of section
25C(c) of the Internal Revenue Code of 1986 is amended by adding at the
end the following flush sentence:
``Such term includes expenditures for labor costs properly
allocable to the onsite preparation, assembly, or original
installation of the component.''.
(d) Roofs.--Section 25C(c) of the Internal Revenue Code of 1986 is
amended--
(1) in paragraph (1), by striking ``a metal roof with
appropriate pigmented coatings, or an asphalt roof with
appropriate cooling granules,'' and inserting ``or a roofing
product'', and
(2) in paragraph (2)(D), by striking ``any metal roof or
asphalt roof installed on a dwelling unit, but only if such
roof has appropriate pigmented coatings or cooling granules
which are'' and inserting ``any roofing product installed on a
dwelling unit, but only if such roofing product is''.
(e) Modifications to Residential Energy Property Expenditures.--
(1) Qualified natural gas, propane, or oil furnaces or hot
water boilers.--Paragraph (4) of section 25C(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(4) Qualified natural gas, propane, or oil furnace or hot
water boiler.--The term `qualified natural gas, propane, or oil
furnace or hot water boiler' means--
``(A) a natural gas or propane furnace which
achieves an annual fuel utilization efficiency rate of
not less than 95,
``(B) a natural gas or propane hot water boiler
which achieves an annual fuel utilization efficiency
rate of not less than 90,
``(C) an oil furnace or hot water boiler which--
``(i) achieves an annual fuel utilization
efficiency rate of not less than 86, and
``(ii)(I) in the case of a hot water
boiler, is installed with temperature reset or
thermal purge controls and an indirect water
heater, and
``(II) in the case of a furnace, is
installed with an electronically commutated
blower motor.''.
(2) Water heaters.--
(A) In general.--Paragraph (3) of section 25C(d) of
the Internal Revenue Code of 1986 is amended--
(i) by striking ``electric heat pump water
heater'' in subparagraph (A) and inserting
``integrated heat pump water heater'',
(ii) by striking ``a natural gas, propane,
or oil water heater'' in subparagraph (D) and
inserting ``an oil water heater'', and
(iii) by redesignating subparagraph (E) as
subparagraph (G) and inserting after
subparagraph (D) the following new
subparagraphs:
``(E) a natural gas or propane storage water heater
with an energy factor of at least 0.67 or a thermal
efficiency of at least 90 percent,
``(F) a natural gas or propane tankless water
heater with an energy factor of at least 0.82 or a
thermal efficiency of at least 90 percent, and''.
(B) Limitation.--Paragraph (2) of section 25C(b) of
such Code, as redesignated by subsection (b), is
amended by striking subparagraphs (A) through (C) and
inserting the following:
``(A) $1,000 in the case of--
``(i) any water heater described in
subsection (d)(3)(A),
``(ii) any natural gas storage water heater
described in subsection (d)(3)(E) which--
``(I) has an energy factor of 0.80
or higher, or
``(II) has a thermal efficiency of
at least 90 percent, and
``(iii) any natural gas tankless water
heater described in subsection (d)(3)(F)
which--
``(I) has an energy factor of 0.90
or higher, or
``(II) has a thermal efficiency of
at least 90 percent, and
``(B) $500 in the case of--
``(i) any natural gas storage water heater
described in subsection (d)(3)(E) which has an
energy factor which is at least 0.67 and less
than 0.80, and
``(ii) any natural gas tankless water
heater described in subsection (d)(3)(F) which
has an energy factor which is at least 0.82 and
less than 0.90.''.
(f) Documentation Requirement.--Subsection (e) of section 25C of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(4) Documentation.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any amount paid or incurred for a
qualified energy efficiency improvement or for any
residential energy property expenditure unless the
taxpayer includes on the return of tax for the taxable
year the verifiable product identification number with
respect to--
``(i) in the case of a qualified energy
efficiency improvement, the component installed
in or on the taxpayer's dwelling unit, and
``(ii) in the case of a residential energy
property expenditure, the qualified energy
property.
``(B) Verifiable product identification number.--
For purposes of this paragraph, the term `verifiable
product identification number' means--
``(i) in the case of any insulation
material or system described in subsection
(c)(2)(A)--
``(I) if such material or system is
installed by a contractor, a signed and
dated statement from the contractor
describing the insulation installed,
including the thickness, coverage area,
R-value, and such other information
required by the Secretary, in
consultation with the Chairman of the
Federal Trade Commission, and
``(II) in any other case, such
information about the material or
system installed as the Secretary may
require,
``(ii) in the case of any exterior door,
exterior window, or skylight, the National
Fenestration Rating Council certified product
detail number or such other identification
number determined by the Secretary,
``(iii) in the case of any roof described
in subsection (c)(2)(C), the Cool Roof Rating
Council rated roofing product identification
number or such other identification number
determined by the Secretary, and
``(iv) in the case of any qualified energy
property, the Air-Conditioning Heating and
Refrigeration Institute certified reference
number or such other identification number used
for heating, air conditioning, ventilation, or
water heating equipment as determined by the
Secretary.''.
(g) Effective Dates.--
(1) In general.--Except as provided by paragraph (2), the
amendments made by this section shall apply to property placed
in service after December 31, 2013.
(2) Permanent extension.--The amendment made by subsection
(a) shall apply to property placed in service after December
31, 2011. | Home Energy Savings Act of 2012 - Amends the Internal Revenue Code, with respect to the tax credit for nonbusiness energy property expenditures, to: (1) make such tax credit permanent; (2) increase from $500 to $1,000 the dollar limitation on such credit; (3) allow the inclusion of labor costs in amounts eligible for such credit; (4) revise definitions and requirements relating to roofing products and for natural gas, propane, oil furnaces, or hot water boilers and heaters; and (5) set forth documentation requirements for claiming such credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify and extend the credit for nonbusiness energy property."} | 1,704 | 115 | 0.585266 | 1.594179 | 0.620565 | 1.790909 | 14.209091 | 0.772727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Black Lung Benefits Act Amendments
of 1993''.
SEC. 2. CLAIMS PROCEDURE.
The Black Lung Benefits Act is amended by adding at the end the
following new part:
``PART D--SPECIAL PROVISIONS
``SEC. 441. CLAIMS.
``(a) Standard.--If a claim is filed after the date of the
enactment of this section under part C for death or total disability of
a miner due to pneumoconiosis, such miner shall be presumed to have
been totally disabled by pneumoconiosis or to have died because of
pneumoconiosis if the conditions described in any one of the following
paragraphs are met:
``(1) A single positive chest roentgenogram (x-ray),
biopsy, or autopsy of such miner indicates the existence of
pneumoconiosis.
``(2) A single set of ventilatory studies of such miner
indicates the presence of a chronic respiratory or pulmonary
disease that meets or exceeds the severity standards of
regulations of the Secretary of Health and Human Services
published at 20 C.F.R. 410.490(b)(1)(ii).
``(3) A single set of blood gas studies of such miner
indicates the presence of an impairment in the transfer of
oxygen from the lungs to the blood that meets or exceeds the
severity standards of regulations of the Secretary of Labor
published at 20 C.F.R. 727.203(a)(3).
``(4) Other medical evidence involving such miner,
including the documented opinion of a physician exercising
reasonable medical judgment, indicates the presence of a
respiratory disease or pulmonary impairment that would prevent
the miner from performing his usual coal mine work.
The person who submits such claim shall not be required to prove the
matters described in paragraph (1), (2), (3), or (4) by a preponderance
of the evidence or by any higher evidentiary standard.
``(b) Causation.--
``(1) If a claim is filed after the date of the enactment
of this section under part C for death or total disability due
to pneumoconiosis and if the miner with respect to whom the
claim was filed worked 10 or more years in a coal mine and
presents evidence which proves the evidence of the matter
described in any paragraph of subsection (a), there shall be a
rebuttable presumption that the miner's pneumoconiosis arose
out of the miner's coal mine employment. No evidence shall be
excluded in determining the length of a miner's coal mine
employment. In the absence of complete Social Security
Administration records, affidavits from the miner's co-workers
shall be accepted as sufficient proof of the coal miner's
period of employment.
``(2) If a miner is unable to prove 10 years of employment
in a coal mine, the miner may prove that the miner's
pneumoconiosis is due to the miner's coal mine employment
through other evidence.
``(c) Rebuttal of Presumption.--
``(1) The presumption under subsection (a) that a miner is
totally disabled by pneumoconiosis may be rebutted only if--
``(A) there is evidence that establishes that the
claimant is in fact doing the claimant's usual coal
mine work, or
``(B) in light of all relevant evidence, it is
established that the miner is able to do the miner's
usual coal mine work or comparable and gainful work.
A physician's opinion that the miner is not totally disabled
shall not rebut such presumption when invoked by qualifying
ventilatory studies or arterial blood gas testing.
``(2) In connection with a rebuttal of a presumption under
subsection (a), the Secretary of Labor may submit not more than
1 opinion from an examining or consulting physician and not
more than 3 x-ray readings to supplement such evidence.
``(3) The presumption under subsection (b) may be rebutted
only by clear and convincing proof that the miner's
pneumoconiosis, established by a condition described in
subsection (a), did not arise, in whole or in part, out of the
miner's coal mine employment.
``SEC. 442. APPLICATION OF SECTION 441.
``(a) In General.--Section 441 shall apply to all claims filed
under part C on and after the date of the enactment of this Act, except
that the Secretary of Labor shall review any claim that--
``(1) was filed under part B or part C, and
``(2) is either pending on the date of enactment of this
Act or has been denied on or before such date,
to determine if the evidence establishes eligibility under the
presumption of section 441(a). The Secretary shall review each such
claim regardless of whether the claimant also filed any subsequent
claim under part B or C or such claim resulted in an award of benefits.
The Secretary's review of a claim which resulted in the award of
benefits may not result in the reversal or forfeiture of such benefits.
The Secretary shall promptly notify each claimant having a claim
subject to review under this subsection that the claim shall be
reviewed by the Secretary in accordance with this subsection.
``(b) Procedure.--
``(1) In carrying out the review of a claim under
subsection (a), the Secretary shall not allow the claimant or
any other party to submit additional medical or other evidence
if the Secretary determines that the evidence on file meets the
criteria of eligibility set forth in section 441(a). If the
Secretary determines that the evidence on file does not meet
the criteria of eligibility set forth in section 441(a), the
Secretary shall provide an opportunity for the claimant to
present additional medical or other evidence to substantiate
the claimant's claim under such criteria and shall notify the
claimant of that opportunity. The Secretary shall not be
permitted to supplement the evidence in any claim reviewed
under subsection (a). Each claim reviewed under this section
shall be afforded the administrative and judicial review that
is afforded claims that are not subject to this section.
``(2) If a claim is determined under subsection (a) to meet
the eligibility requirements of section 441(a), the individual
for which the claim was submitted shall be awarded benefits
prospectively (unless, at the time of such determination, the
individual is receiving black lung benefits prospectively
pursuant to an award made in connection with a separate claim)
and retroactively for any period beginning on or after January
1, 1974, for which the claimant (1) has not received benefits,
and (2) is eligible under the statutory and regulatory
provisions governing the retroactive payment of benefits for
claims that are not subject to the special review required by
subsection (a).
``SEC. 443. PAYMENT OF BENEFITS.
Benefits payable under any claim which is determined under section
441 or 442 to be eligible for benefits shall be paid from the fund.
``SEC. 444. JUDICIAL REVIEW.
``A claimant who files a claim after the date of enactment of this
Act and whose claim is denied by the Department of Labor's Benefits
Review Board pursuant to the procedure of section 21(b) of the
Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)), may
petition for review in the United States District Court for the
district in which the claimant last worked as a coal miner or where the
claimant resides at the time the appeal is filed, whichever the
claimant chooses. Section 205(g) of the Social Security Act (42 U.S.C.
405(g)) shall govern all such petitions for review, except that (1)
each reference therein to the Secretary shall be interpreted as meaning
the Secretary of Labor, and (2) if the claim was denied because of the
application of a regulation which violates this Act or any other
Federal law, the period in which a claimant may petition for review
shall not apply. A petition for review under this section may not be
denied because the claimant has not exhausted the administrative
remedies available to the claimant.
``SEC. 445. SURVIVORS AND DEPENDENTS.
``(a) In General.--The Secretary shall award the survivor or
dependent of a deceased miner benefits under a claim under part C if
the conditions in any one of the following paragraphs are met:
``(1) The deceased miner worked 25 years or more in one or
more coal mines.
``(2) The miner's death was due in whole or in part to
pneumoconiosis.
``(3) The miner was receiving benefits for pneumoconiosis
at the time of the miner's death.
``(4) The miner had a claim for benefits for pneumoconiosis
pending at the time of the miner's death--
``(A) in which the existing medical evidence or
such evidence combined with any additional medical
evidence submitted by survivors or dependents
demonstrates a level of impairment sufficient to
qualify for benefits under section 441(a), or
``(B) in which the medical evidence was not
sufficient to qualify for benefits under section 441(a)
but lay evidence (i) demonstrates by a preponderance of
the evidence the existence of a respiatory disease or
pulmonary impairment that would prevent the miner from
performing the miner's usual coal mine work, and (ii)
such disease or impairment is established in accordance
with section 441(b)(2) as resulting from the miner's
coal mine work.
``(b) Definition.--For purposes of this section, survivors and
dependents are those individuals who filed claims under part C after
the date of enactment of this Act or whose claims under part B or C are
eligible for review under section 442.
``SEC. 446. GENERAL PROVISIONS.
``(a) Multiple Claims.--If a claimant has had a claim denied under
this Act, the Secretary shall permit the claimant to file an additional
claim under this part without a showing of a material change in the
claim. Such an additional claim shall be considered de novo on the
merits.
``(b) Appeals by the Secretary.--The Secretary may not file an
appeal from a decision of the Deputy Commissioner, the Office of
Administrative Law Judges, the Benefits Review Board, or a district
court of the United States with respect to a claim under this part
which is adverse to the Secretary.
``(c) Reopening Claims.--No claim under this part under which the
claimant was awarded benefits and with respect to which no appeal is
pending may be reopened by the Secretary unless the Secretary offers
reasonable evidence to suspect fraud in connection with the
adjudication of the claim.''.
SEC. 3. CONFORMING AMENDMENT.
Section 224(a)(2)(B) of the Social Security Act (42 U.S.C.
424a(a)(2)(B)) is amended by striking out ``and (iv)'' and inserting in
lieu thereof ``(iv)'' and by inserting at the end the following: ``and
(v) benefits payable under the Black Lung Benefits Act,''.
SEC. 4. BENEFIT REPAYMENTS.
Part C of the Black Lung Benefits Act is amended by adding at the
end the following:
``Sec. 436. (a) In the administration of the benefits payable under
this part, if a claimant receives benefits under this part under a
claim but before final adjudication of the claim for benefits is made
and if the final adjudication is that the claimant is ineligible for
benefits, the payment of such benefits to the claimant shall not be
considered an overpayment of benefits and the claimant shall not be
legally responsible for the return of such benefits.
``(b) If, before the date of the enactment of this section, a
claimant received benefits under this part under a claim but before a
final adjudication of the claim for benefits was made, the claimant
will not be required to repay such benefits. If, before the date of the
enactment of this section, a claimant who received benefits under this
part under a claim but before final adjudication of the claim for
benefits was made was required under regulations of the Secretary to
repay the benefits as an overpayment of benefits, the Secretary shall
refund to the claimant the amount repaid by the claimant.''.
SEC. 5. WIDOW'S BENEFITS.
(a) In General.--In the administration of the Black Lung Benefits
Act--
(1) a widow of a miner who received or is receiving
benefits under that Act shall not be disqualified to receive
such benefits if the widow remarries, and
(2) a widow of a miner shall be entitled to receive such
benefits without regard to the length of time the widow was
married to the miner.
Any regulations of the Secretary of Labor which disqualify a widow
described in paragraph (1) or impose a minimum marriage period as
described in paragraph (2) shall on and after the date of the enactment
of this Act have no legal effect.
Applications.--Any widow who on the date of the enactment of this
Act is entitled to receive benefits under the Black Lung Benefits Act
because of subsection (a) shall file a claim for such benefits within 3
years of the date of the enactment of this Act. | Black Lung Benefits Act Amendments of 1993 - Amends the Black Lung Benefits Act to provide special procedures for certain pneumoconiosis claims.
Sets forth new standards for evidence in death and total disability claims, especially as to causation by coal mine employment.
Applies that such new eligibility standards to: (1) all new claims; and (2) all pending and prior denied claims, after review under new standards.
Provides that all benefits payable under any claim determined under such new eligibility standards shall be paid from the Black Lung Disability Trust Fund, which is financed by the coal industry (thus eliminating coal operators as defendants with legal counsel in black lung disability cases).
Sets forth new rules for judicial review of black lung claims.
Requires award of black lung benefits to survivors or dependents of a deceased miner if any of specified conditions are met.
Permits claimants who have had a black lung claim denied to submit an additional claim, without a showing of a material change, for de novo consideration on the merits.
Prohibits the Secretary of Labor from: (1) appealing adverse decisions on black lung claims; or (2) reopening a black lung claim under which benefits were awarded and with respect to which no appeal is pending, unless the Secretary offers reasonable evidence to suspect fraud.
Provides that, when benefits are paid after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility.
Requires that a miner's widow: (1) not be disqualified from receiving benefits upon remarriage; and (2) be entitled to receive benefits regardless of the length of marriage to the miner.
Amends the Social Security Act to preclude exempt black lung benefits from offsetting certain social security benefits. | {"src": "billsum_train", "title": "Black Lung Benefits Act Amendments of 1993"} | 3,084 | 391 | 0.563111 | 1.886477 | 0.785878 | 2.221574 | 7.851312 | 0.857143 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Responsible
Unemployment Compensation Extension Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Extension and modification of emergency unemployment
compensation program.
Sec. 3. Temporary extension of extended benefit provisions.
Sec. 4. Extension of funding for reemployment services and reemployment
and eligibility assessment activities.
Sec. 5. Additional extended unemployment benefits under the Railroad
Unemployment Insurance Act.
Sec. 6. Flexibility for unemployment program agreements.
Sec. 7. Repeal of reductions made by Bipartisan Budget Act of 2013.
Sec. 8. Reduction in benefits based on receipt of unemployment
compensation.
Sec. 9. Reduction of nonMedicare, nondefense direct spending.
SEC. 2. EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT
COMPENSATION PROGRAM.
(a) Extension.--Section 4007(a)(2) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``January 1, 2014'' and inserting ``April 1,
2014''.
(b) Modifications Relating to Weeks of Emergency Unemployment
Compensation.--
(1) Number of weeks in first tier beginning after december
28, 2013.--Section 4002(b) of such Act is amended--
(A) by redesignating paragraph (3) as paragraph
(4);
(B) in paragraph (2)--
(i) in the heading, by inserting ``, and
weeks ending before december 30, 2013'' after
``2012''; and
(ii) in the matter preceding subparagraph
(A), by inserting ``, and before December 30,
2013'' after ``2012''; and
(C) by inserting after paragraph (2) the following:
``(3) Special rule relating to amounts established in an
account as of a week ending after december 29, 2013.--
Notwithstanding any provision of paragraph (1), in the case of
any account established as of a week ending after December 29,
2013--
``(A) paragraph (1)(A) shall be applied by
substituting `24 percent' for `80 percent'; and
``(B) paragraph (1)(B) shall be applied by
substituting `6 times' for `20 times'.''.
(2) Number of weeks in second tier beginning after december
28, 2013.--Section 4002(c) of such Act is amended by adding at
the end the following:
``(5) Special rule relating to amounts added to an account
as of a week ending after december 29, 2013.--Notwithstanding
any provision of paragraph (1), if augmentation under this
subsection occurs as of a week ending after December 29, 2013--
``(A) paragraph (1)(A) shall be applied by
substituting `24 percent' for `54 percent'; and
``(B) paragraph (1)(B) shall be applied by
substituting `6 times' for `14 times'.''.
(c) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendments made by subsections (a) and
(b) of section 2 of the Responsible Unemployment
Compensation Extension Act of 2014;''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.
(a) In General.--Section 2005 of the Assistance for Unemployed
Workers and Struggling Families Act, as contained in Public Law 111-5
(26 U.S.C. 3304 note), is amended--
(1) by striking ``December 31, 2013'' each place it appears
and inserting ``March 31, 2014''; and
(2) in subsection (c), by striking ``June 30, 2014'' and
inserting ``September 30, 2014''.
(b) Extension of Matching for States With No Waiting Week.--Section
5 of the Unemployment Compensation Extension Act of 2008 (Public Law
110-449; 26 U.S.C. 3304 note) is amended by striking ``June 30, 2014''
and inserting ``September 30, 2014''.
(c) Extension of Modification of Indicators Under the Extended
Benefit Program.--Section 203 of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subsection (d), by striking ``December 31, 2013''
and inserting ``March 31, 2014''; and
(2) in subsection (f)(2), by striking ``December 31, 2013''
and inserting ``March 31, 2014''.
(d) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 4. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND REEMPLOYMENT
AND ELIGIBILITY ASSESSMENT ACTIVITIES.
(a) In General.--Section 4004(c)(2)(A) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended by striking ``through fiscal year 2014'' and inserting
``through the first quarter of fiscal year 2015''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended--
(1) by striking ``June 30, 2013'' and inserting ``September
30, 2013''; and
(2) by striking ``December 31, 2013'' and inserting ``March
31, 2014''.
(b) Clarification on Authority To Use Funds.--Funds appropriated
under either the first or second sentence of clause (iv) of section
2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be
available to cover the cost of additional extended unemployment
benefits provided under such section 2(c)(2)(D) by reason of the
amendments made by subsection (a) as well as to cover the cost of such
benefits provided under such section 2(c)(2)(D), as in effect on the
day before the date of enactment of this Act.
(c) Funding for Administration.--Out of any funds in the Treasury
not otherwise appropriated, there are appropriated to the Railroad
Retirement Board $62,500 for administrative expenses associated with
the payment of additional extended unemployment benefits provided under
section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason
of the amendments made by subsection (a), to remain available until
expended.
SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.
(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State that
has enacted a law before December 1, 2013, that, upon taking
effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after December
29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in such title IV
shall preclude a State whose agreement under such title was terminated
from entering into a subsequent agreement under such title on or after
the date of the enactment of this Act if the State, taking into account
the application of subsection (a), would otherwise meet the
requirements for an agreement under such title.
SEC. 7. REPEAL OF REDUCTIONS MADE BY BIPARTISAN BUDGET ACT OF 2013.
Section 403 of the Bipartisan Budget Act of 2013 (Public Law 113-
67) is repealed as of the date of the enactment of such Act.
SEC. 8. REDUCTION IN BENEFITS BASED ON RECEIPT OF UNEMPLOYMENT
COMPENSATION.
(a) In General.--Title II of the Social Security Act (42 U.S.C. 401
et seq.) is amended by inserting after section 224 the following new
section:
``reduction in benefits based on receipt of unemployment compensation
``Sec. 224A (a)(1) If for any month prior to the month in which an
individual attains retirement age (as defined in section 216(l)(1))--
``(A) such individual is entitled to benefits under
section 223, and
``(B) such individual is entitled for such month to
unemployment compensation,
the total of the individual's benefits under section 223 for
such month and of any benefits under section 202 for such month
based on the individual's wages and self-employment income
shall be reduced (but not below zero) by the total amount of
unemployment compensation received by such individual for such
month.
``(2) The reduction of benefits under paragraph (1) shall
also apply to any past-due benefits under section 223 for any
month in which the individual was entitled to--
``(A) benefits under such section, and
``(B) unemployment compensation.
``(3) The reduction of benefits under paragraph (1) shall
not apply to any benefits under section 223 for any month, or
any benefits under section 202 for such month based on the
individual's wages and self-employment income for such month,
if the individual is entitled for such month to unemployment
compensation following a period of trial work (as described in
section 222(c)(1), participation in the Ticket to Work and
Self-Sufficiency Program established under section 1148, or
participation in any other program that is designed to
encourage an individual entitled to benefits under section 223
or 202 to work.
``(b) If any unemployment compensation is payable to an individual
on other than a monthly basis (including a benefit payable as a lump
sum to the extent that it is a commutation of, or a substitute for,
such periodic compensation), the reduction under this section shall be
made at such time or times and in such amounts as the Commissioner of
Social Security (referred to in this section as the `Commissioner')
determines will approximate as nearly as practicable the reduction
prescribed by subsection (a).
``(c) Reduction of benefits under this section shall be made after
any applicable reductions under section 203(a) and section 224, but
before any other applicable deductions under section 203.
``(d)(1) Subject to paragraph (2), if the Commissioner determines
that an individual may be eligible for unemployment compensation which
would give rise to a reduction of benefits under this section, the
Commissioner may require, as a condition of certification for payment
of any benefits under section 223 to any individual for any month and
of any benefits under section 202 for such month based on such
individual's wages and self-employment income, that such individual
certify--
``(A) whether the individual has filed or intends to file
any claim for unemployment compensation, and
``(B) if the individual has filed a claim, whether there
has been a decision on such claim.
``(2) For purposes of paragraph (1), the Commissioner may, in the
absence of evidence to the contrary, rely upon a certification by the
individual that the individual has not filed and does not intend to
file such a claim, or that the individual has so filed and no final
decision thereon has been made, in certifying benefits for payment
pursuant to section 205(i).
``(e) Whenever a reduction in total benefits based on an
individual's wages and self-employment income is made under this
section for any month, each benefit, except the disability insurance
benefit, shall first be proportionately decreased, and any excess of
such reduction over the sum of all such benefits other than the
disability insurance benefit shall then be applied to such disability
insurance benefit.
``(f)(1) Notwithstanding any other provision of law, the head of
any Federal agency shall provide such information within its possession
as the Commissioner may require for purposes of making a timely
determination of the amount of the reduction, if any, required by this
section in benefits payable under this title, or verifying other
information necessary in carrying out the provisions of this section.
``(2) The Commissioner is authorized to enter into agreements with
States, political subdivisions, and other organizations that administer
unemployment compensation, in order to obtain such information as the
Commissioner may require to carry out the provisions of this section.
``(g) For purposes of this section, the term `unemployment
compensation' has the meaning given that term in section 85(b) of the
Internal Revenue Code of 1986, and the total amount of unemployment
compensation to which an individual is entitled shall be determined
prior to any applicable reduction under State law based on the receipt
of benefits under section 202 or 223.''.
(b) Conforming Amendment.--Section 224(a) of the Social Security
Act (42 U.S.C. 424a(a)) is amended, in the matter preceding paragraph
(1), by striking ``the age of 65'' and inserting ``retirement age (as
defined in section 216(l)(1))''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to benefits payable for months beginning on or after the
date that is 12 months after the date of enactment of this section.
SEC. 9. REDUCTION OF NONMEDICARE, NONDEFENSE DIRECT SPENDING.
Section 251A of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 901a) is amended by adding at the end the
following:
``(11) Additional reduction of nonmedicare, nondefense
direct spending.--
``(A) In general.--For each of fiscal years 2015
through 2023, in addition to the reduction in direct
spending under paragraph (6), on the date specified in
paragraph (2), OMB shall prepare and the President
shall order a sequestration, effective upon issuance,
reducing the spending described in subparagraph (B) by
the uniform percentage necessary to reduce such
spending for the fiscal year by $1,333,000,000.
``(B) Spending covered.--The spending described in
this subparagraph is spending that is--
``(i) nonexempt direct spending;
``(ii) not spending for the Medicare
programs specified in section 256(d); and
``(iii) within the revised nonsecurity
category.''. | Amends the Supplemental Appropriations Act, 2008 (SSA, 2008) to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before April 1, 2014. Reauthorizes Tier-1, Tier-2, Tier-3, and Tier-4 of the EUC program for weeks ending after December 29, 2013, but reduces the duration of the first two Tiers, to up to six weeks each. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until March 31, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and September 30, 2014, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to March 31, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the SSA, 2008 to appropriate funds out of the employment security administration account through the first quarter of FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through March 31, 2014, the temporary increase in extended unemployment benefits. Makes a change in application of a certain requirement (nonreduction rule) to a state that has: (1) entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria; and (2) enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows such a state, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Repeals a provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act, for any month before an individual reaches retirement age, to reduce the total of the individual's monthly disability insurance benefits and any OASDI benefits based on wages and self-employment income by the total amount of any UC received for that month (but not below zero). (Thus reduces the benefits based on receipt of UC.) Applies this reduction to any past-due monthly disability insurance benefits for any month in which the individual was entitled both to them and to UC. Makes the reduction inapplicable if the individual is entitled to UC for a month following a period of: trial work, participation in the Ticket to Work and Self-Sufficiency Program, or participation in any other program designed to encourage an individual entitled to such benefits to work. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB) to prepare, and the President to issue, a sequestration order on March 1 for each of FY2015-FY2023, in addition to the reduction in direct spending required under the Act, that reduces certain spending by the uniformed percentage necessary to reduce it for the fiscal year by $1.333 billion. Specifies the spending involved as: nonexempt direct spending, not spending for certain Medicare programs, and within the revised nonsecurity category. | {"src": "billsum_train", "title": "Responsible Unemployment Compensation Extension Act of 2014"} | 3,533 | 1,058 | 0.580709 | 1.939497 | 0.676132 | 2.585825 | 3.395349 | 0.822813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montgomery GI Bill Improvements Act
of 2003''.
SEC. 2. ENHANCED BENEFITS UNDER MONTGOMERY GI BILL FOR FOUR YEARS OF
ACTIVE-DUTY SERVICE.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE
``Sec. 3041. Enhanced educational assistance entitlement
``(a) Entitlement.--An eligible individual is entitled to enhanced
educational assistance under this subchapter.
``(b) Eligible Individual Defined.--(1) For purposes of this
subchapter, the term `eligible individual' means an individual who
meets the service requirement described in subsection (c) and whose
status after completion of such service is described in section
3011(a)(3) of this title (relating to continuation on active duty,
honorable discharge, or honorable service, as the case may be).
``(2) Such term does not include an individual described in
paragraph (1) or (2) of section 3011(c) of this title (relating to
individuals not electing basic educational assistance under subchapter
II of this chapter or certain commissioned officers, respectively).
``(c) Service Requirement.--(1) The service requirement referred to
in subsection (b) is as follows:
``(A) After September 30, 2003, the individual--
``(i) first enters on active duty;
``(ii) reenlists or extends an enlistment on active
duty as a member of the Armed Forces; or
``(iii) in the case of an officer, continues to
serve on active duty after that date.
``(B) From the date of such entry, reenlistment, extension,
or continuation, as the case may be, the individual--
``(i) serves a continuous period of active duty of
at least four years in the Armed Forces; or
``(ii) serves on active duty in the Armed Forces
and is discharged or released from active duty--
``(I) as provided in subclause (I) of
section 3011(a)(1)(A)(ii) of this title
(relating to service-connected disabilities and
other medical conditions);
``(II) for the convenience of the
Government, after having completed not less
than 42 months of continuous active duty; or
``(III) as provided in subclause (III) of
section 3011(a)(1)(A)(ii) of this title
(relating to involuntary discharge or release
for the convenience of the Government as a
result of a reduction in force).
``(2) In determining service under paragraph (1), the following
rules apply:
``(A) Any period of service described in paragraph (2) or
(3) of section 3011(d) of this title (relating to periods of
service terminated because of a defective enlistment and
periods of service on active duty which individuals in the
Selected Reserve were ordered to perform under certain
provisions of chapter 1209 of title 10, respectively) that
applies to an eligible individual under this section shall not
be considered a part of the individual's period of active duty.
``(B) A member described in paragraph (2) of section
3011(f) of this title (relating to certain members discharged
or released who subsequently reenlist or re-enter on a period
of active duty) who serves the periods of active duty referred
to in such paragraph shall be deemed to have served a
continuous period of active duty the length of which is the
aggregate length of the periods of active duty referred to in
such paragraph.
``(C) Subsections (g) and (h) of section 3011 of this title
(relating to assignment full time at a civilian institution for
courses of education and to commencement of courses of
education at a service academy, respectively) apply with
respect to an eligible individual under this section in the
same manner as they apply to an individual under section 3011
of this title.
``(d) Election of Basic Educational Assistance.--(1) An eligible
individual entitled to enhanced educational assistance under this
subchapter may elect (in a form and manner prescribed by the Secretary)
to receive basic educational assistance under subchapter II in lieu of
such enhanced educational assistance for an enrollment period. Such an
election shall be made by not later than 30 days before the beginning
of the enrollment period.
``(2) An eligible individual may revoke an election made pursuant
to paragraph (1), but in no case may such revocation be made later than
30 days before the beginning of the enrollment period.
``Sec. 3042. Duration of enhanced educational assistance
``(a) In General.--Subject to section 3695 of this title and except
as provided in subsection (b), each individual entitled to enhanced
educational assistance under section 3041 of this title is entitled to
a monthly enhanced educational assistance allowance under this
subchapter for a period or periods not to exceed a total of 36 months
(or the equivalent thereof in part-time enhanced educational
assistance).
``(b) Special Rule for Certain Early Separations.--Subject to
section 3695 of this title, in the case of an individual described in
subclause (I) or (III) of section 3041(c)(1)(B)(ii) of this title
(relating to individuals discharged for service-connected disabilities
or medical conditions or whose service is involuntarily terminated for
the convenience of the Government as a result of a reduction in force,
respectively) who does not serve a continuous period of active duty of
at least four years in the Armed Forces (as described in section
3041(c)(1)(B)(i) of this title), the individual is entitled to one
month of enhanced educational assistance benefits under this subchapter
(not to exceed a total of 36 months (or the equivalent thereof in part-
time enhanced educational assistance)) for each month of continuous
active duty served by the individual beginning with the date on which
the entry on active duty, reenlistment, enlistment extension, or
continuation applicable to that individual under section 3041(c)(1)(A)
of this title begins.
``Sec. 3043. Payment of educational expenses
``(a) In General.--(1) Subject to paragraph (2), the Secretary
shall pay to the educational institution providing a course under an
approved program of education to an eligible individual under this
subchapter who is enrolled in the course the actual cost of tuition and
fees otherwise payable by the individual.
``(2) Such cost may not exceed the amount charged to nonveterans in
similar circumstances.
``(b) Stipend; Costs of Books and Supplies.--The Secretary shall
pay to each eligible individual under this subchapter who is pursuing
an approved program of education--
``(1) a stipend as provided in section 3044 of this title;
and
``(2) in accordance with regulations prescribed by the
Secretary, an amount equal to the average cost, for the year
involved, of books and supplies payable by individuals pursuing
courses of education at educational institutions.
``Sec. 3044. Amount of stipend
``(a) In General.--Except as provided in section 3042 of this
title, the stipend under this subchapter shall be paid at a monthly
rate (as that rate may be increased pursuant to subsection (b)) as
follows:
``(1) At the monthly rate of $900 for an approved program
of education pursued on a full-time basis.
``(2) At the monthly rate of $700 for an approved program
of education pursued on a three-quarter-time basis.
``(3) At the monthly rate of $500 for an approved program
of education pursued on a half-time basis.
``(4) At the monthly rate of $300 for an approved program
of education pursued on less than a half-time basis.
``(b) Adjustment for Inflation.--With respect to any fiscal year
beginning after fiscal year 2004, the Secretary shall provide a
percentage increase (rounded to the nearest dollar) in the rates
payable under subsection (a) equal to the percentage by which--
``(1) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the June 30
preceding the beginning of the fiscal year for which the
increase is made, exceeds
``(2) such Consumer Price Index for the 12-month period
preceding the 12-month period described in paragraph (1).''.
(b) Conforming Amendments.--(1) Section 3002 of such title is
amended by inserting at the end the following new paragraph:
``(9) The term `enhanced educational assistance' means educational
assistance provided under subchapter V.''.
(2) Section 3011 of such title is amended in subsection (f)(1) and
(g) by striking ``chapter'' each place it appears and inserting
``subchapter''.
(3) Section 3018A(a) of such title is amended by striking
``education assistance under this chapter'' and inserting ``educational
assistance under this subchapter''.
(4) Section 3018B of such title is amended by striking ``education
assistance under this chapter'' each place it appears and inserting
``educational assistance under this subchapter''.
(5) Section 3018C of such title is amended by striking
``educational assistance under this chapter'' each place it appears and
inserting ``educational assistance under this subchapter''.
(6) Section 3019 of such title is amended by striking ``chapter''
each place it appears and inserting ``subchapter''.
(7) Section 3031 of such title is amended--
(A) in subsection (f), by inserting ``or 3042 of this
title'' after ``section 3013'' each place it appears; and
(B) in subsection (g), by inserting ``or
3031(c)(1)(B)(ii)(III)'' after ``section
3011(a)(1)(A)(ii)(III)''.
(8) Section 3032(e)(3) of such title is amended by inserting ``, or
section 3044(a)(1)'' after ``section 3015''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of title 38, United States Code, is amended by adding at the
end the following new items:
``SUBCHAPTER V--ENHANCED EDUCATIONAL ASSISTANCE
``3041. Enhanced educational assistance entitlement.
``3042. Duration of enhanced educational assistance.
``3043. Payment of educational expenses.
``3044. Amount of stipend.''.
SEC. 3. INCREASE IN RATES OF BASIC EDUCATIONAL ASSISTANCE UNDER
MONTGOMERY GI BILL.
(a) Rates for Basic Educational Assistance.--Section 3015 of title
38, United States Code, is amended--
(1) in subsection (a)(1)(C), by striking ``$985'' and
inserting ``1,200''; and
(2) in subsection (b)(1)(C), by striking ``$800'' and
inserting ``$950''.
(b) Application of Index Based on Costs of Higher Learning.--
Section 3015(h) of such title is amended to read as follows:
``(h)(1) With respect to any fiscal year, the Secretary shall
provide a percentage increase (rounded to the nearest dollar) in the
rates payable under subsections (a)(1) and (b)(1) equal to the
percentage (as determined by the Secretary) by which--
``(A) the average monthly costs of tuition and expenses for
commuter students at public institutions of higher learning
that award baccalaureate degrees for purposes of subsections
(a)(1) and (b)(1) for the fiscal year involved, exceeds
``(B) such average monthly costs for the preceding fiscal
year.
``(2) The Secretary shall make the determination under paragraph
(1) after consultation with the Secretary of Education.
``(3) A determination made under paragraph (1) in a year shall take
effect on October 1 of that year and apply with respect to basic
educational assistance allowances payable under this section for the
fiscal year beginning in that year.
``(4) Not later than September 30 each year, the Secretary shall
publish in the Federal Register the average monthly costs of tuition
and expenses as determined under paragraph (1) in that year.''.
(c) Effective Dates.--(1) The amendments made by subsection (a)
shall apply with respect to payments for months beginning after
September 30, 2003.
(2) The amendment made by subsection (b) shall apply to payments
for months beginning after September 20, 2004.
SEC. 4. REPEAL OF PAY REDUCTION AND HIGH SCHOOL GRADUATION REQUIREMENT
FOR PARTICIPATION IN BASIC EDUCATIONAL ASSISTANCE UNDER
MONTGOMERY GI BILL.
(a) Repeal of Pay Reduction and Election of Benefits.--(1) Section
3011 of title 38, United States Code, is amended--
(A) by striking subsection (b); and
(B) in subsection (c), by striking paragraph (1) and
redesignating paragraphs (2) and (3) as paragraphs (1) and (2),
respectively.
(2) Section 3012 of such title is amended--
(A) by striking subsection (c); and
(B) in subsection (d), by striking paragraph (1) and
redesignating paragraphs (2) and (3) as paragraphs (1) and (2),
respectively.
(3) Section 3016(a)(1) of such title is amended by striking ``, and
does not make an election under section 3011(c)(1) or section
3012(d)(1)''.
(4) The amendments made by this subsection shall take effect on
October 1, 2003, and apply to individuals whose initial obligated
period of active duty under section 3011 or 3012 of title 38, United
States Code, as the case may be, begins on or after such date.
(5) Any reduction in the basic pay of an individual referred to in
subsection (b) of section 3011 of title 38, United States Code, by
reason of such subsection, or of any individual referred to in
subsection (c) of section 3012 of such title by reason of such
subsection, shall cease commencing with months beginning after
September 30, 2003, and any obligation of such individual under such
subsections, as the case may be, as of September 30, 2003, shall be
deemed to be fully satisfied as of such date.
(b) Repeal of High School Graduation Requirement.--(1) Section
3011(a) of title 38, United States Code, is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(2) Section 3012(a) of such title is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(3) Section 3018(b) of such title is amended--
(A) by striking paragraph (4);
(B) by inserting ``and'' at the end of paragraph (3)(C);
and
(C) by redesignating paragraph (5) as paragraph (4).
(4) The amendments made by this subsection shall take effect on the
date of the enactment of this Act and apply with respect to individuals
applying for basic educational assistance under chapter 30 of title 38,
United States Code, on or after such date.
(c) Exclusion From Income for Eligibility Determinations for
Federal Educational Loans.--Section 3015 of such title is amended--
(1) by redesignating subsection (h), as amended in section
3(b), as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Exclusion From Income for Eligibility Determinations for
Federal Educational Loans.--Notwithstanding any other provision of law,
amounts payable by the Secretary under this subchapter with respect to
an eligible individual shall not be considered as income for purposes
of determining eligibility of such individual for education grants or
loans under any other provision of Federal law.''. | Montgomery GI Bill Improvements Act of 2003 - Amends Federal basic educational assistance provisions (the Montgomery GI Bill) to authorize enhanced educational assistance to a member of the armed forces who, after September 30, 2003: (1) first enters on active duty; (2) reenlists or continues to serve on active duty; (3) serves a continuous period of active duty of four years; or (4) serves and is discharged or released for a service-connected disability, at the convenience of the Government (after serving at least 42 months of such duty), or due to a reduction in force. Limits to 36 months the period for such enhanced assistance. Requires the payment of educational expenses under such program. Provides a monthly stipend for approved programs of education.Increases the rates of basic educational assistance.Repeals, with respect to such assistance: (1) a required monthly reduction in pay for individuals who do not elect to participate in such assistance program; (2) a provision authorizing individuals to elect not to receive such assistance; and (3) the requirement that participants complete the requirements of a high school diploma or equivalency certificate prior to the end of their initial obligated period of service in order to be eligible to receive such assistance.Excludes educational assistance payments from income for purposes of eligibility for Federal educational loans. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve benefits under the Montgomery GI Bill by establishing an enhanced educational assistance program, by increasing the amount of basic educational assistance, by repealing the requirement for reduction in pay for participation in the program, and for other purposes."} | 3,625 | 285 | 0.634419 | 1.70997 | 0.789259 | 2.435798 | 12.871595 | 0.902724 |
SECTION 1. BUDGET DISCIPLINE AND ENFORCEMENT FOR FISCAL YEAR 2003.
(a) Statutory Discretionary Spending Limits.--
(1) In general.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) is
amended by striking paragraph (7) and inserting the following:
``(7) with respect to fiscal year 2003--
``(A) for the nondefense discretionary category:
$373,410,000,000 in new budget authority and
$372,224,000,000 in outlays;
``(B) for the defense discretionary category:
$392,757,000,000 in new budget authority and
$380,228,000,000 in outlays;
``(C) for the highway category: $28,922,000,000 in
outlays;
``(D) for the mass transit category: $6,030,000,000
in outlays; and
``(E) for the conservation spending category:
$1,922,000,000 in new budget authority and
$1,872,000,000 in outlays;''.
(2) Special rule.--Section 250(c)(4)(D)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
900(c)(4)(D)(i)) is amended by adding at the end the following:
``Any budget authority for the mass transit category shall be
considered nondefense category budget authority or
discretionary category budget authority.''.
(b) Repeal of Obsolete Provisions.--
(1) Congressional budget act of 1974.--Section 314(b) of
the Congressional Budget Act of 1974 is amended--
(A) by striking paragraphs (2) through (5); and
(B) by redesignating paragraph (6) as paragraph
(2).
(2) Balanced budget and emergency deficit control act of
1985.--Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(A) by striking subparagraphs (C) through (F); and
(B) by redesignating subparagraph (G) as
subparagraph (C).
(c) Conforming Amendments.--Section 254 of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in subsection (c)(2), by striking ``2002'' each time it
appears and inserting ``2003''; and
(2) in subsection (f)(2)(A), by striking ``2002'' each time
it appears and inserting ``2003''.
SEC. 2. ENFORCEMENT EXTENSIONS.
(a) Extension of Budget Enforcement Act Provisions.--
(1) In general.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is
amended to read as follows:
``(b) Expiration.--
``(1) In general.--Except as provided in paragraph (2),
sections 251 and 258B of this Act and sections 1105(f) and
1106(c) of title 31, United States Code, shall expire September
30, 2007. The remaining sections of part C of this title shall
expire on September 30, 2011.''.
``(2) Exception for on-budget surpluses.--If prior to
September 30, 2007, the Final Monthly Treasury Statement for
any of the fiscal years 2002 through 2006 reports an on-budget
surplus, section 252 shall expire at the end of the following
fiscal year and the President, in the next budget, shall submit
to Congress a recommendation for pay-as-you-go enforcement
procedures that the President believes are appropriate when
there is an on-budget surplus.''.
(2) Conforming amendment.--Subsections (a) and (b)(1) of
section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985 is amended by striking ``2002'' each place
it appears and inserting ``2007''.
(b) Extension of Supermajority Discipline in the Senate.--Section
904(e) of the Congressional Budget Act of 1974 is amended by striking
``2002'' and inserting ``2007''.
SEC. 3. SENATE ENFORCEMENT.
(a) Allocations to the Committee on Appropriations of the Senate.--
Upon the enactment of this Act, the Chairman of the Committee on the
Budget of the Senate shall file allocations to the committee on
Appropriations of the Senate consistent with this Act pursuant to
section 302(a) of the Congressional Budget Act of 1974.
(b) Restrictions on Advance Appropriations in the Senate.--
(1) In general.--Except as provided in paragraph (2), it
shall not be in order in the Senate to consider any reported
bill or joint resolution, or amendment thereto or conference
report thereon, that would provide an advance appropriation.
(2) Exception.--An advance appropriation may be provided--
(A) for fiscal year 2004 for programs, projects,
activities, or accounts identified in the joint
explanatory statement of managers accompanying this Act
under the heading ``Accounts Identified for Advance
Appropriations'' in an aggregate amount not to exceed
$23,159,000,000 of new budget authority; and
(B) for the Corporation for Public Broadcasting.
(3) Application of point of order in the senate.--
(A) Waiver and appeal.--In the Senate, paragraph
(1) may be waived or suspended in the Senate only by an
affirmative vote of three-fifths of the Members, duly
chosen and sworn. An affirmative vote of three-fifths
of the Members of the Senate, duly chosen and sworn,
shall be required in the Senate to sustain an appeal of
the ruling of the Chair on a point of order raised
under paragraph (1).
(B) Form of the point of order.--A point of order
under paragraph (1) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974.
(C) Conference reports.--If a point of order is
sustained under paragraph (1) against a conference
report in the Senate, the report shall be disposed of
as provided in section 313(d) of the Congressional
Budget Act of 1974.
(4) Definition.--In this subsection, the term ``advance
appropriation'' means any discretionary new budget authority in
a bill or joint resolution making general appropriations or
continuing appropriations for fiscal year 2003 that first
becomes available for any fiscal year after 2003.
(c) Prohibition on Diverting Crime Victims Fund.--
(1) Purpose.--The purpose of this subsection is to ensure
that amounts deposited in the Crime Victims Fund are
distributed in a timely manner to assist victims of crime as
intended by current law and are not diverted to offset
increased spending when such offset devices produce no
permanent budgetary or economic effects.
(2) Budgetary rule.--For purposes of points of order under
the Congressional Budget Act of 1974 with respect to fiscal
year 2003 and any subsequent fiscal year, any reduction in
spending in the Crime Victims' Fund (15-5041-0-2-754) enacted
in appropriations legislation shall not be scored as
discretionary savings.
(d) Pay-As-You-Go Point of Order in the Senate.--
(1) Purpose.--The Senate declares that it is essential to
continue the pay-as-you-go enforcement system.
(2) Point of order.--
(A) In general.--It shall not be in order in the
Senate to consider any direct spending or revenue
legislation that would cause or increase the on-budget
deficit for any 1 of the 3 applicable time periods as
measured in subparagraphs (E) and (F).
(B) Applicable time periods.--For purposes of this
subsection the term ``applicable time period'' means
any 1 of the 3 following periods:
(i) The budget year.
(ii) The period of the budget year and the
following 4 fiscal years.
(iii) The period of the 5 fiscal years
following the 5 fiscal years described in
clause (ii).
(C) Direct-spending legislation.--For purposes of
this subsection and except as provided in subparagraph
(D), the term ``direct-spending legislation'' means any
bill, joint resolution, amendment, motion, or
conference report that affects direct spending as that
term is defined by and interpreted for purposes of the
Balanced Budget and Emergency Deficit Control Act of
1985.
(D) Exclusion.--The terms ``direct-spending
legislation'' and ``revenue legislation'' do not
include--
(i) any concurrent resolution on the
budget; or
(ii) any provision of legislation that
affects the full funding of, and continuation
of, the deposit insurance guarantee commitment
in effect on the date of enactment of the
Budget Enforcement Act of 1990.
(E) Baseline.--Estimates prepared pursuant to this
subsection shall--
(i) use the baseline used for the most
recently adopted concurrent resolution on the
budget; and
(ii) be calculated under the requirements
of subsections (b) through (d) of section 257
of the Balanced Budget and Emergency Deficit
Control Act of 1985 for fiscal years beyond
those covered by subparagraph (B).
(F) Prior surplus.--If direct spending or revenue
legislation causes or increases the on-budget deficit
when taken individually, then it must also cause or
increase the on-budget deficit when taken together with
all direct spending and revenue legislation enacted
since the beginning of the calendar year not accounted
for in the baseline under subparagraph (E)(i), except
that direct spending or revenue effects resulting in
net deficit reduction enacted pursuant to
reconciliation instructions since the beginning of that
same calendar year shall not be available.
(3) Waiver.--This subsection may be waived or suspended in
the Senate only by the affirmative vote of three-fifths of the
Members, duly chosen and sworn.
(4) Appeals.--Appeals in the Senate from the decisions of
the Chair relating to any provision of this subsection shall be
limited to 1 hour, to be equally divided between, and
controlled by, the appellant and the manager of the bill or
joint resolution, as the case may be. An affirmative vote of
three-fifths of the Members of the Senate, duly chosen and
sworn, shall be required in the Senate to sustain an appeal of
the ruling of the Chair on a point of order raised under this
subsection.
(5) Determination of budget levels.--For purposes of this
subsection, the levels of new budget authority, outlays, and
revenues for a fiscal year shall be determined on the basis of
estimates made by the Committee on the Budget of the Senate.
(e) Exercise of Rulemaking Powers.--The Senate adopts the
provisions of this section--
(1) as an exercise of the rulemaking power of the Senate
and as such they shall be considered as part of the rules of
the Senate, and such rules shall supersede other rules only to
the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
the Senate to change those rules at any time, in the same
manner, and to the same extent as in the case of any other rule
of the Senate.
(f) Additional Enforcement.--Section 205(g) of H.Con.Res.290 (106th
Congress) is repealed.
SEC. 4. REPEAL OF OBSOLETE PROVISIONS.
(a) In General.--Section 253 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is repealed.
(b) Conforming Amendments.--
(1) Congressional budget and impoundment control act of
1974.--Section 312 of the Congressional Budget and Impoundment
Control Act of 1974 is amended--
(A) by repealing subsection (c); and
(B) by redesignating subsections (d) through (f) as
subsections (c) through (e).
(2) Balanced budget and emergency deficit control act of
1985.--The Balanced Budget and Emergency Deficit Control Act of
1985 is amended--
(A) in section 251(a)(1), by striking ``and section
253''; and
(B) in section 252(b)--
(i) in paragraph (1), by striking ``or
section 253''; and
(ii) in paragraph (2)(B), by striking ``or
section 253''. | Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to establish spending caps (discretionary spending) for FY 2003. Extends spending caps and budget flexibility among defense programs through FY 2007. Extends other deficit elimination provisions through FY 2011.Amends the Congressional Budget Act of 1974 to extend budget enforcement mechanisms in the Senate, including supermajority requirements, allocations filings, and points of order concerning advanced appropriations and pay-as-you-go (PAYGO).Prohibits diversions from the Crime Victims Fund. | {"src": "billsum_train", "title": "A bill to provide budget discipline and enforcement for fiscal year 2003 and beyond."} | 2,799 | 126 | 0.421007 | 1.061713 | 0.566814 | 2.455556 | 26.955556 | 0.766667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Adjacent Zone Safe Oil
Transport and Revenue Sharing Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States is an Arctic nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) an even broader area defined as Arctic by
temperature, which includes the Bering Sea and Aleutian
Islands;
(2) the Arctic region of the United States--
(A) is home to an indigenous population that has
subsisted for millennia on the abundance of marine
mammals, fish, and wildlife in the Arctic region, many
of which are unique to the region;
(B) is known to the indigenous population as
Inuvikput or the ``place where we live''; and
(C) has produced more than 16,000,000,000 barrels
of oil and, according to the United States Geological
Survey, may hold an additional 30,000,000,000 barrels
of oil and 220,000,000,000,000 cubic feet of natural
gas, making the region of fundamental importance to the
national interest of the United States;
(3) temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average;
(4) the Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice-free
during summer months in as few as 30 years;
(5) those changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic, the
communities and ecosystems of the people, as well as the marine
mammals, fish, and wildlife on which the people depend; and
(6) those changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
SEC. 3. PRODUCTION OF OIL FROM CERTAIN ARCTIC OFFSHORE LEASES.
Section 5 of the Outer Continental Shelf Lands Act (43 U.S.C. 1334)
is amended by adding at the end the following:
``(k) Oil Transportation in Arctic Waters.--The Secretary shall--
``(1) require that oil produced from Federal leases in
Arctic waters in the Chukchi Sea planning area, Beaufort Sea
planning area, or Hope Basin planning area be transported by
pipeline to onshore facilities; and
``(2) provide for, and issue appropriate permits for, the
transportation of oil from Federal leases in Arctic waters in
preproduction phases (including exploration) by means other
than pipeline.''.
SEC. 4. REVENUE SHARING FROM AREAS IN ALASKA ADJACENT ZONE.
Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C.
1344) is amended by adding at the end the following:
``(i) Revenue Sharing From Areas in Alaska Adjacent Zone.--
``(1) Definitions.--In this subsection:
``(A) Coastal political subdivision.--The term
`coastal political subdivision' means a county-
equivalent subdivision of the State all or part of
which--
``(i) lies within the coastal zone (as
defined in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453)); and
``(ii) the closest point of which is not
more than 300 statute miles from the
geographical center of any leased tract.
``(B) Distance.--The terms `distance' means minimum
great circle distance.
``(C) Indian tribe.--The term `Indian tribe' means
an Alaska Native entity recognized and eligible to
receive services from the Bureau of Indian Affairs, the
headquarters of which is located within 300 miles of
the geographical center of a leased tract.
``(D) Leased tract.--The term `leased tract' means
a tract leased under this Act for the purpose of
drilling for, developing, and producing oil or natural
gas resources.
``(E) State.--The term `State' means the State of
Alaska.
``(2) Bonus bids.--Subject to paragraphs (4), (5), and (6),
effective beginning on the date that is 5 years after the date
of enactment of this subsection, the State shall, without
further appropriation or action, receive 37.5 percent of any
bonus bid paid for leasing rights for any area in the Alaska
Adjacent Zone.
``(3) Postleasing revenues.--Subject to paragraphs (4),
(5), and (6), in addition to bonus bids under paragraph (1),
the State shall receive, from leasing of the area, 37.5 percent
of--
``(A) any lease rental payments;
``(B) any lease royalty payments;
``(C) any royalty proceeds from a sale of royalties
taken in kind by the Secretary; and
``(D) any other revenues from a bidding system
under section 8.
``(4) Allocation among coastal political subdivisions of
the state.--
``(A) In general.--The Secretary shall pay 20
percent of any allocable share of the State, as
determined under paragraphs (2) and (3), directly to
coastal political subdivisions.
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay the coastal political
subdivisions within 300 miles of the
geographical center of the leased tract based
on the relative distance of the coastal
political subdivisions from the leased tract in
accordance with this subparagraph.
``(ii) Distances.--For each coastal
political subdivision, the Secretary shall
determine the distance between the point on the
coastal political subdivision coastline closest
to the geographical center of the leased tract
and the geographical center of the tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among coastal political
subdivisions in amounts that are inversely
proportional to the applicable distances
determined under clause (ii).
``(5) Allocation among regional corporations.--
``(A) In general.--The Secretary shall pay 33
percent of any allocable share of the State, as
determined under this subsection, directly to certain
Regional Corporations established under section 7(a) of
the Alaska Native Claims Settlement Act (43 U.S.C.
1606(a)).
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay the Regional
Corporations, after determining those Native
villages within the region of the Regional
Corporation which are within 300 miles of the
geographical center of the leased tract based
on the relative distance of such villages from
the leased tract, in accordance with this
paragraph.
``(ii) Distances.--For each such village,
the Secretary shall determine the distance
between the point in the village closest to the
geographical center of the leased tract and the
geographical center of the tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among the qualifying Regional
Corporations in amounts that are inversely
proportional to the distances of all of the
Native villages within each qualifying region.
``(iv) Revenues.--All revenues received by
each Regional Corporation shall be--
``(I) treated by the Regional
Corporation as revenue subject to the
distribution requirements of section
7(i)(1)(A) of the Alaska Native Claims
Settlement Act (43 U.S.C.
1606(i)(1)(A)); and
``(II) divided annually by the
Regional Corporation among all 12
Regional Corporations in accordance
with section 7(i) of that Act.
``(v) Further distribution.--A Regional
Corporation receiving revenues under clause
(iv)(II) shall further distribute 50 percent of
the revenues received in accordance with
section 7(j) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(j)).
``(6) Allocation among indian tribes.--
``(A) In general.--The Secretary shall pay 7
percent of any allocable share of the State, as
determined under this subsection, directly to Indian
tribes.
``(B) Allocation.--
``(i) In general.--For each leased tract
used to calculate the allocation of the State,
the Secretary shall pay Indian tribes based on
the relative distance of the headquarters of
the Indian tribes from the leased tract, in
accordance with this subparagraph.
``(ii) Distances.--For each Indian tribe,
the Secretary shall determine the distance
between the location of the headquarters of the
Indian tribe and the geographical center of the
tract.
``(iii) Payments.--The Secretary shall
divide and allocate the qualified outer
Continental Shelf revenues derived from the
leased tract among the Indian tribes in amounts
that are inversely proportional to the
distances described in clause (ii).
``(7) Conservation royalty.--After making distributions
under paragraphs (2) and (3) and section 31, the Secretary
shall, without further appropriation or action, distribute a
conservation royalty equal to 6.25 percent of Federal royalty
revenues derived from an area leased under this subsection from
all areas leased under this subsection for any year, into the
land and water conservation fund established under section 2 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-5) to provide financial assistance to States under section
6 of that Act (16 U.S.C. 460l-8).
``(8) Deficit reduction.--After making distributions in
accordance with paragraphs (2) and (3) and in accordance with
section 31, the Secretary shall, without further appropriation
or action, distribute an amount equal to 6.25 percent of
Federal royalty revenues derived from an area leased under this
subsection from all areas leased under this subsection for any
year, into direct Federal deficit reduction.''. | Alaska Adjacent Zone Safe Oil Transport and Revenue Sharing Act - Amends the Outer Continental Shelf Lands Act (OCSLA) to direct the Secretary of the Interior to: (1) require oil produced from federal leases in certain Arctic waters, except in preproduction phases (including explorations), to be transported by pipeline to onshore facilities; and (2) provide for, and issue appropriate permits for, the transportation of oil from such leases in preproduction phases (including exploration) by means other than pipeline.
Requires that the state of Alaska receive 37.5% of: (1) any bonus bid paid for leasing rights for any area in the Alaska Adjacent Zone; and (2) specified post-leasing revenues including lease rental payments and lease royalty payments, as well as royalty proceeds from a sale of royalties taken in kind.
Sets forth an allocation scheme under which the Secretary of the Interior is directed to pay: (1) 20% of any allocable state share directly to coastal political subdivisions, (2) 33% of any allocable state share to certain Regional Corporations, and (3) 7% of any allocable state share directly to Indian tribes.
Instructs the Secretary to distribute 6.25% of certain federal royalty revenues into: (1) a specified land and water conservation fund to provide financial assistance to states, and (2) direct federal deficit reduction. | {"src": "billsum_train", "title": "A bill to amend the Outer Continental Shelf Lands Act to require that oil produced from Federal leases in certain Arctic waters be transported by pipeline to onshore facilities and to provide for the sharing of certain Outer Continental Shelf revenues from areas in the Alaska Adjacent Zone."} | 2,247 | 283 | 0.501962 | 1.570491 | 0.73236 | 4 | 7.757576 | 0.924242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Border Travel Facilitation
Act''.
SEC. 2. STATE DRIVER'S LICENSE AND IDENTIFICATION CARD ENROLLMENT
PROGRAM.
Section 7209 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by
adding at the end the following new subsection:
``(e) State Driver's License and Identification Card Enrollment
Program.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of State and the Secretary of Homeland
Security shall establish a State Driver's License and
Identification Card Enrollment Program as described in this
subsection (hereinafter in this subsection referred to as the
`Program') and enter into a memorandum of understanding with an
appropriate official of each State that elects to participate
in the Program.
``(2) Purpose.--The purpose of the Program shall be to
permit a citizen of the United States who produces a driver's
license or identification card that meets the requirements of
paragraph (3) or a citizen of Canada who produces a document
described in paragraph (4) to enter the United States from
Canada without providing any other documentation or evidence of
citizenship.
``(3) Admission of citizens of the united states.--A
driver's license or identification card meets the requirements
of this subparagraph if--
``(A) the license or card--
``(i) was issued by a State that is
participating in the Program;
``(ii) meets the requirements of section
202 of the REAL ID Act of 2005 (division B of
Public Law 109-13; 49 U.S.C. 30301 note); and
``(iii) includes the United States
citizenship status of the individual to whom
the license or card was issued; and
``(B) the State that issued the license or card--
``(i) has a mechanism that is approved by
the Secretary of State to verify the United
States citizenship status of an applicant for
such a license or card;
``(ii) does not require an individual to
include the individual's citizenship status on
such a license or card; and
``(iii) manages all information regarding
an applicant's United States citizenship status
in the same manner as such information
collected through the United States passport
application process and prohibits any other use
or distribution of such information.
``(4) Admission of citizens of canada.--
``(A) In general.--Notwithstanding any other
provision of law, if the Secretary of State and the
Secretary of Homeland Security determine that an
identification document issued by the Government of
Canada or by the Government of a Province or Territory
of Canada meets security and information requirements
comparable to the requirements for a driver's license
or identification card described in paragraph (3), the
Secretary of Homeland Security shall permit a citizen
of Canada to enter the United States from Canada using
such a document without providing any other
documentation or evidence of Canadian citizenship.
``(B) Technology standards.--The Secretary of
Homeland Security shall work, to the maximum extent
possible, to ensure that an identification document
issued by Canada that permits entry into the United
States under subparagraph (A) utilizes technology
similar to the technology utilized by identification
documents issued by the United States or any State.
``(5) Admission of children.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall
permit an individual to enter the United States without
providing any evidence of citizenship if, at the time of such
entry--
``(A) the individual--
``(i) is younger than 16 years of age;
``(ii) is accompanied by the individual's
legal guardian; and
``(iii) is entering the United States from
Canada or another country if the Secretary
permits an individual to enter the United
States from that country under the Program
pursuant to paragraph (6)(A); and
``(B) such legal guardian provides a driver's
license or identification card described in paragraph
(3), a document described in paragraph (4), or other
evidence of citizenship if the Secretary permits an
individual to enter the United States using such
evidence under the Program pursuant to paragraph
(6)(B).
``(6) Authority to expand.--Notwithstanding any other
provision of law, the Secretary of State and the Secretary of
Homeland Security may expand the Program to permit an
individual to enter the United States--
``(A) from a country other than Canada; or
``(B) using evidence of citizenship other than a
driver's license or identification card described in
paragraph (3) or a document described in paragraph (4).
``(7) Relationship to other requirements.--Nothing in this
subsection shall have the effect of creating a national
identification card or a certification of citizenship for any
purpose other than admission into the United States as
described in this subsection.
``(8) State defined.--In this subsection, the term `State'
means any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the Commonwealth
of Puerto Rico, the District of Columbia, Guam, the Virgin
Islands of the United States, or any other territory or
possession of the United States.
``(9) Schedule for implementation.--
``(A) In general.--The Secretary of Homeland
Security and the Secretary of State shall implement the
Program not later than December 31, 2009.
``(B) Admission prior to implementation.--During
the time period beginning on the date of the enactment
of the Northern Border Travel Facilitation Act and
ending on the date that the Program is implemented, the
Secretary of Homeland Security shall permit an
individual who is a citizen of the United States or
Canada to enter the United States from Canada if that
individual can demonstrate United States or Canadian
citizenship to the satisfaction of the Secretary. Birth
certificates issued by a State, or by the Government of
Canada or by the Government of a Province or Territory
of Canada, or a citizenship certificate or card issued
by the Government of Canada shall be deemed to be a
satisfactory demonstration of citizenship under this
subparagraph.''. | Northern Border Travel Facilitation Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to direct the Secretaries of State and Homeland Security to establish a State Driver's License and Identification Card Enrollment Program to permit a U.S. or Canadian citizen who produces a U.S. or Canadian driver's license or identification card meeting requirements of this Act to enter the United States from Canada without providing any other documentation or evidence of citizenship. Requires Program implementation by December 31, 2009. Directs the Secretary of Homeland Security, prior to such implementation, to permit a U.S. or Canadian citizen to enter the United States from Canada if the individual can demonstrate U.S. or Canadian citizenship. | {"src": "billsum_train", "title": "To amend section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, and for other purposes."} | 1,351 | 157 | 0.60895 | 1.694891 | 0.729516 | 3.95935 | 10.528455 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intercity Passenger Rail Trust Fund
Act of 1995''.
SEC. 2. INTERCITY PASSENGER RAIL TRUST FUND.
(a) Establishment of Trust Fund.--Subchapter A of chapter 98 of the
Internal Revenue Code of 1986 (relating to trust fund code) is amended
by adding at the end the following new section:
``SEC. 9512. INTERCITY PASSENGER RAIL TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Intercity
Passenger Rail Trust Fund', consisting of such amounts as may be
transferred or credited to the Trust Fund as provided in section
9503(c)(7) or section 9602(b).
``(b) Expenditures From Trust Fund.--
``(1) In general.--Except as provided in paragraph (2),
amounts in the Intercity Passenger Rail Trust Fund shall be
available, as provided by appropriation Acts, to finance
qualified expenses of--
``(A) the National Railroad Passenger Corporation,
and
``(B) each eligible State, to the extent determined
under paragraph (3).
``(2) Direct spending amounts.--The following amounts in
the Intercity Passenger Rail Trust Fund are hereby appropriated
to finance qualified expenses:
Amount
``Fiscal year: Available:
1996.......................................... $131,000,000
1997.......................................... 663,000,000
1998.......................................... 667,000,000
1999.......................................... 670,000,000
2000.......................................... 672,000,000.
``(3) Maximum amount of funds to eligible states.--Each
eligible State shall receive under this subsection an amount
equal to the lesser of--
``(A) the State's qualified expenses for the fiscal
year, or
``(B) the product of--
``(i) \1/12\ of 1 percent of the lesser
of--
``(I) the aggregate amounts
transferred and credited to the
Intercity Passenger Rail Trust Fund
under subsection (a) for such fiscal
year, or
``(II) the aggregate amounts
appropriated from the Intercity
Passenger Rail Trust Fund under this
subsection for such fiscal year, and
``(ii) the number of months such State was
an eligible State in the preceding fiscal year.
If the amount determined under subparagraph (B) exceeds the
amount under subparagraph (A) for any fiscal year, the amount
under subparagraph (B) for the following fiscal year shall be
increased by the amount of such excess.
``(c) Definitions.--For purposes of this section--
``(1) Qualified expenses.--The term `qualified expenses'
means expenses incurred, with respect to obligations made,
after December 31, 1995, and before October 1, 2000--
``(A) in the case of--
``(i) the National Railroad Passenger
Corporation, for capital improvements in
intercity passenger rail service, or
``(ii) an eligible State, for capital
improvements in intercity rail service, and
``(B) certified by the Secretary of Transportation
as meeting the requirements of subparagraph (A).
``(2) Eligible state.--The term `eligible State' means any
State which does not receive intercity passenger rail service
from the National Railroad Passenger Corporation.
``(d) Termination.--The Secretary shall determine and retain, not
later than October 1, 2000, the amount in the Intercity Passenger Rail
Trust Fund necessary to pay any outstanding qualified expenses, and
shall transfer any amount not so retained to the Mass Transit Account
under section 9503(e).''
(b) Transfers From Highway Trust Fund.--Section 9503(c) of the
Internal Revenue Code of 1986 (relating to expenditures from Highway
Trust Fund) is amended by adding at the end the following new
paragraph:
``(7) Transfers from trust fund for intercity passenger
rail.--
``(A) In general.--The Secretary shall transfer
from time to time from the Highway Trust Fund to the
Intercity Passenger Rail Trust Fund under section 9512
the intercity passenger rail portion of the amounts
appropriated to the Highway Trust Fund under subsection
(b) which are attributable to taxes under sections 4041
and 4081 imposed after December 31, 1995, and before
October 1, 2000.
``(B) Intercity passenger rail portion.--For
purposes of subparagraph (A), the term `intercity
passenger rail portion' means the amount--
``(i) determined at the rate of 0.5 cent
for each gallon with respect to which tax was
imposed under section 4041 or 4081, and
``(ii) reduced (but not below zero) by the
amount by which--
``(I) the outlays of the Mass
Transit Account for the fiscal year
with respect to which such tax was
imposed, as estimated by the Secretary,
exceed
``(II) the available funds in the
Mass Transit Account for such fiscal
year (as so estimated).''
(c) Conforming Amendments.--
(1) Section 9503(e)(2) of the Internal Revenue Code of 1986
(relating to transfers to mass transit account) is amended by
striking ``4081.'' and inserting ``4081 (for the period
beginning after December 31, 1995, and ending before October 1,
2000, an amount determined at the rate of 1.5 cents for each
such gallon, increased by the amount described in subsection
(c)(7)(B)(ii)).''.
(2) The table of sections for subchapter A of chapter 98 of
such Code (relating to trust fund code) is amended by adding at
the end the following new item:
``Sec. 9512. Intercity Passenger Rail
Trust Fund.''
(d) Effective Date.--The amendments made by this section shall
apply with respect to taxes imposed after December 31, 1995.
SEC. 3. DENIAL OF DEDUCTION FOR INTEREST ON LOANS WITH RESPECT TO
COMPANY-OWNED INSURANCE.
(a) In General.--Paragraph (4) of section 264(a) of the Internal
Revenue Code of 1986 (relating to certain amounts paid in connection
with insurance contracts) is amended--
(1) by inserting ``, or any endowment or annuity contracts
owned by the taxpayer covering any individual,'' after ``the
life of any individual'', and
(2) by striking all that follows ``carried on by the
taxpayer'' and inserting a period.
(b) Exception for Contracts Relating to Key Persons; Permissible
Interest Rates.--Section 264 of the Internal Revenue Code of 1986 is
amended--
(1) by striking ``Any'' in subsection (a)(4) and inserting
``Except as provided in subsection (d), any'', and
(2) by adding at the end the following new subsection:
``(d) Special Rules for Application of Subsection (a)(4).--
``(1) Exception for key persons.--Subsection (a)(4) shall
not apply to any interest paid or accrued on any indebtedness
with respect to policies or contracts covering an individual
who is a key person to the extent that the aggregate amount of
such indebtedness with respect to policies and contracts
covering such individual does not exceed $50,000.
``(2) Interest rate cap on key persons and pre-1986
contracts.--No deduction shall be allowed by reason of
paragraph (1) or the last sentence of subsection (a) with
respect to interest paid or accrued for any month to the extent
the amount of such interest exceeds the amount which would have
been determined if the rate of interest for such month were the
rate of interest described as Moody's Corporate Bond Yield
Average-Monthly Average Corporates as published by Moody's
Investors Service, Inc., or any successor thereto, for such
month.
``(3) Key person.--For purposes of paragraph (1), the term
`key person' means an officer or 20-percent owner, except that
the number of individuals who may be treated as key persons
with respect to any taxpayer shall not exceed the greater of--
``(A) 5 individuals, or
``(B) the lesser of 5 percent of the total officers
and employees of the taxpayer or 25 individuals.
``(4) 20-percent owner.--For purposes of this subsection,
the term `20-percent owner' means--
``(A) if the taxpayer is a corporation, any person
who owns directly 20 percent or more of the outstanding
stock of the corporation or stock possessing 20 percent
or more of the total combined voting power of all stock
of the corporation, or
``(B) if the taxpayer is not a corporation, any
person who owns 20 percent or more of the capital or
profits interest in the employer.
``(5) Aggregation rules.--
``(A) In general.--For purposes of paragraph (4)(A)
and applying the $50,000 limitation in paragraph (1)--
``(i) all members of a controlled group
shall be treated as 1 taxpayer, and
``(ii) such limitation shall be allocated
among the members of such group in such manner
as the Secretary may prescribe.
``(B) Controlled group.--For purposes of this
paragraph, 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 members
of a controlled group.''
(c) Effective Dates.--
(1) In general.--The amendments made by this section shall
apply to interest paid or accrued after December 31, 1995.
(2) Transition rule for existing indebtedness.--
(A) In general.--In the case of indebtedness
incurred before January 1, 1996, the amendments made by
this section shall not apply to qualified interest paid
or accrued on such indebtedness after October 13, 1995,
and before January 1, 2001.
(B) Qualified interest.--For purposes of
subparagraph (A), the qualified interest with respect
to any indebtedness for any month is the amount of
interest which would be paid or accrued for such month
on such indebtedness if the lesser of the following
rates of interest were used for such month:
(i) The rate of interest specified under
the terms of the indebtedness as in effect on
October 13, 1995 (and without regard to
modification of such terms after such date).
(ii) The applicable percentage rate of
interest described as Moody's Corporate Bond
Yield Average-Monthly Average Corporates as
published by Moody's Investors Service, Inc.,
or any successor thereto, for such month.
(C) Applicable percentage.--For purposes of
subparagraph (B), the applicable percentage is as
follows:
For calendar year:
The percentage is:
1995 or 1996......................... 100 percent
1997................................. 95 percent
1998................................. 90 percent
1999................................. 85 percent
2000................................. 80 percent.
(3) Special rule for grandfathered contracts.--This section
shall not apply to any contract purchased on or before June 20,
1986, except that--
(A) paragraph (2) shall apply to interest on
indebtedness incurred in connection with such contract
which is paid or accrued after October 13, 1995, and
before January 1, 1996, and
(B) section 264(d)(2) of the Internal Revenue Code
of 1986 (as added by subsection (b)) shall apply to
such interest paid or accrued after December 31, 1995.
(d) Spread of Income Inclusion on Surrender, Etc. of Contracts.--
(1) In general.--If any amount is received under any life
insurance policy or endowment or annuity contract described in
paragraph (4) of section 264(a) of the Internal Revenue Code of
1986--
(A) on the complete surrender, redemption, or
maturity of such policy or contract during calendar
year 1996, 1997, 1998, 1999, 2000, or 2001, or
(B) in full discharge during any such calendar year
of the obligation under the policy or contract which is
in the nature of a refund of the consideration paid for
the policy or contract,
then (in lieu of any other inclusion in gross income) such
amount shall be includible in gross income ratably over the 4-
taxable year period beginning with the taxable year such amount
would (but for this paragraph) be includible. The preceding
sentence shall only apply to the extent the amount is
includible in gross income for the taxable year in which the
event described in subparagraph (A) or (B) occurs.
(2) Special rules for applying section 264.--A contract
shall not be treated--
(A) as failing to meet the requirement of section
264(c)(1) of the Internal Revenue Code of 1986, or
(B) as a single premium contract under section
264(b)(1) of such Code,
solely by reason of an occurrence described in subparagraph (A)
or (B) of paragraph (1) of this subsection or solely by reason
of no additional premiums being received under the contract by
reason of a lapse occurring after October 13, 1995.
(3) Special rule for deferred acquisition costs.--In the
case of the occurrence of any event described in subparagraph
(A) or (B) of paragraph (1) of this subsection with respect to
any policy or contract--
(A) section 848 of the Internal Revenue Code of
1986 shall not apply to the unamortized balance (if
any) of the specified policy acquisition expenses
attributable to such policy or contract immediately
before the insurance company's taxable year in which
such event occurs, and
(B) there shall be allowed as a deduction to such
company for such taxable year under chapter 1 of such
Code an amount equal to such unamortized balance. | Intercity Passenger Rail Trust Fund Act of 1995 - Amends the Internal Revenue Code to establish the Intercity Passenger Rail Trust Fund to finance qualified expenses of: (1) the National Railroad Passenger Corporation; and (2) eligible States. Makes appropriations in specified amounts for FY 1996 through FY 2000 to such Fund. Directs the Secretary of Transportation, by October 1, 2000, to determine and retain the amount in the Intercity Passenger Rail Fund necessary to pay any outstanding qualified expenses, and to transfer any amount not so retained to the Mass Transit Fund.
Authorizes the Secretary to transfer from time to time from the Highway Trust Fund to the Intercity Passenger Rail Trust Fund the intercity passenger rail portion of specified funds appropriated to the Highway Trust Fund.
Prohibits a deduction for interest paid on loans with respect to any endowment or annuity insurance contracts owned by the taxpayer covering any individual. | {"src": "billsum_train", "title": "Intercity Passenger Rail Trust Fund Act of 1995"} | 3,080 | 195 | 0.605859 | 1.537873 | 0.760316 | 4.777778 | 16.409357 | 0.94152 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Diesel Emissions Reduction Act of
2010''.
SEC. 2. DIESEL EMISSIONS REDUCTION PROGRAM.
(a) Definitions.--Section 791 of the Energy Policy Act of 2005 (42
U.S.C. 16131) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) any private individual or entity that--
``(i) is the owner of record of a diesel
vehicle or fleet operated pursuant to a
contract, license, or lease with a Federal
department or agency or an entity described in
subparagraph (A); and
``(ii) meets such timely and appropriate
requirements as the Administrator may establish
for vehicle use and for notice to and approval
by the Federal department or agency or entity
described in subparagraph (A) with respect to
which the owner has entered into a contract,
license, or lease as described in clause
(i).'';
(2) in paragraph (4), by inserting ``currently, or has not
been previously,'' after ``that is not'';
(3) by striking paragraph (9);
(4) by redesignating paragraph (8) as paragraph (9);
(5) in paragraph (9) (as so redesignated), in the matter
preceding subparagraph (A), by striking ``, advanced truckstop
electrification system,''; and
(6) by inserting after paragraph (7) the following:
``(8) State.--The term `State' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, the United States Virgin Islands, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
(b) National Grant, Rebate, and Loan Programs.--Section 792 of the
Energy Policy Act of 2005 (42 U.S.C. 16132) is amended--
(1) in the section heading, by inserting ``, rebate,''
after ``grant'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``to provide grants and low-cost revolving
loans, as determined by the Administrator, on a
competitive basis, to eligible entities'' and inserting
``to provide grants, rebates, or low-cost revolving
loans, as determined by the Administrator, on a
competitive basis, to eligible entities, including
through contracts entered into under subsection (e) of
this section,''; and
(B) in paragraph (1), by striking ``tons of'';
(3) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph
(2); and
(C) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``90'' and
inserting ``95'';
(ii) in subparagraph (B)(i), by striking
``10 percent'' and inserting ``5 percent''; and
(iii) in subparagraph (B)(ii), by striking
``the application under subsection (c)'' and
inserting ``a verification application'';
(4) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) by striking paragraph (1) and inserting the
following:
``(1) Expedited process.--
``(A) In general.--The Administrator shall develop
a simplified application process for all applicants
under this section to expedite the provision of funds.
``(B) Requirements.--In developing the expedited
process under subparagraph (A), the Administrator--
``(i) shall take into consideration the
special circumstances affecting small fleet
owners; and
``(ii) to avoid duplicative procedures, may
require applicants to include in an application
under this section the results of a competitive
bidding process for equipment and installation.
``(2) Eligibility.--
``(A) Grants.--To be eligible to receive a grant
under this section, an eligible entity shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require.
``(B) Rebates and low-cost loans.--To be eligible
to receive a rebate or a low-cost loan under this
section, an eligible entity shall submit an application
in accordance with such guidance as the Administrator
may establish--
``(i) to the Administrator; or
``(ii) to an entity that has entered into a
contract under subsection (e).'';
(C) in paragraph (3)(G) (as redesignated by
subparagraph (A)), by inserting ``in the case of an
application relating to nonroad engines or vehicles,''
before ``a description of the diesel''; and
(D) in paragraph (4) (as redesignated by
subparagraph (A))--
(i) in the matter preceding subparagraph
(A)--
(I) by inserting ``, rebate,''
after ``grant''; and
(II) by inserting ``highest'' after
``shall give'';
(ii) in subparagraph (C)(iii)--
(I) by striking ``a diesel fleets''
and inserting ``diesel fleets''; and
(II) by inserting ``construction
sites, schools,'' after ``terminals,'';
(iii) in subparagraph (E), by adding
``and'' at the end;
(iv) in subparagraph (F), by striking ``;
and'' and inserting a period; and
(v) by striking subparagraph (G);
(5) in subsection (d)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``, rebate,'' after
``grant''; and
(B) in paragraph (2)(A)--
(i) by striking ``grant or loan provided''
and inserting ``grant, rebate, or loan
provided, or contract entered into,''; and
(ii) by striking ``Federal, State or local
law'' and inserting ``any Federal law, except
that this subparagraph shall not apply to a
mandate in a State implementation plan approved
by the Administrator under the Clean Air Act'';
and
(6) by adding at the end the following:
``(e) Contract Programs.--
``(1) Authority.--In addition to the use of contracting
authority otherwise available to the Administrator, the
Administrator may enter into contracts with eligible
contractors described in paragraph (2) for the administration
of programs for providing rebates or loans, subject to the
requirements of this subtitle.
``(2) Eligible contractors.--The Administrator may enter
into a contract under this subsection with a for-profit or
nonprofit entity that has the capacity--
``(A) to sell diesel vehicles or equipment to, or
to arrange financing for, individuals or entities that
own a diesel vehicle or fleet; or
``(B) to upgrade diesel vehicles or equipment with
verified or Environmental Protection Agency-certified
engines or technologies, or to arrange financing for
such upgrades.
``(f) Public Notification.--Not later than 60 days after the date
of the award of a grant, rebate, or loan, the Administrator shall
publish on the website of the Environmental Protection Agency--
``(1) for rebates and loans provided to the owner of a
diesel vehicle or fleet, the total number and dollar amount of
rebates or loans provided, as well as a breakdown of the
technologies funded through the rebates or loans; and
``(2) for other rebates and loans, and for grants, a
description of each application for which the grant, rebate, or
loan is provided.''.
(c) State Grant, Rebate, and Loan Programs.--Section 793 of the
Energy Policy Act of 2005 (42 U.S.C. 16133) is amended--
(1) in the section heading, by inserting ``, rebate,''
after ``grant'';
(2) in subsection (a), by inserting ``, rebate,'' after
``grant'';
(3) in subsection (b)(1), by inserting ``, rebate,'' after
``grant'';
(4) by amending subsection (c)(2) to read as follows:
``(2) Allocation.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), using not more than 20
percent of the funds made available to carry out this
subtitle for a fiscal year, the Administrator shall
provide to each State qualified for an allocation for
the fiscal year an allocation equal to \1/53\ of the
funds made available for that fiscal year for
distribution to States under this paragraph.
``(B) Certain territories.--
``(i) In general.--Except as provided in
clause (ii), Guam, the United States Virgin
Islands, American Samoa, and the Commonwealth
of the Northern Mariana Islands shall
collectively receive an allocation equal to \1/
53\ of the funds made available for that fiscal
year for distribution to States under this
subsection, divided equally among those 4
States.
``(ii) Exception.--If any State described
in clause (i) does not qualify for an
allocation under this paragraph, the share of
funds otherwise allocated for that State under
clause (i) shall be reallocated pursuant to
subparagraph (C).
``(C) Reallocation.--If any State does not qualify
for an allocation under this paragraph, the share of
funds otherwise allocated for that State under this
paragraph shall be reallocated to each remaining
qualified State in an amount equal to the product
obtained by multiplying--
``(i) the proportion that the population of
the State bears to the population of all States
described in paragraph (1); by
``(ii) the amount otherwise allocatable to
the nonqualifying State under this
paragraph.'';
(5) in subsection (d)--
(A) in paragraph (1), by inserting ``, rebate,''
after ``grant'';
(B) in paragraph (2), by inserting ``, rebates,''
after ``grants'';
(C) in paragraph (3), in the matter preceding
subparagraph (A), by striking ``grant or loan provided
under this section may be used'' and inserting ``grant,
rebate, or loan provided under this section shall be
used''; and
(D) by adding at the end the following:
``(4) Priority.--In providing grants, rebates, and loans
under this section, a State shall use the priorities in section
792(c)(4).
``(5) Public notification.--Not later than 60 days after
the date of the award of a grant, rebate, or loan by a State,
the State shall publish on the Web site of the State--
``(A) for rebates, grants, and loans provided to
the owner of a diesel vehicle or fleet, the total
number and dollar amount of rebates, grants, or loans
provided, as well as a breakdown of the technologies
funded through the rebates, grants, or loans; and
``(B) for other rebates, grants, and loans, a
description of each application for which the grant,
rebate, or loan is provided.''.
(d) Evaluation and Report.--Section 794(b) of the Energy Policy Act
of 2005 (42 U.S.C. 16134(b)) is amended in each of paragraphs (2)
through (5) by inserting ``, rebate,'' after ``grant'' each place it
appears.
(e) Authorization of Appropriations.--Section 797 of the Energy
Policy Act of 2005 (42 U.S.C. 16137) is amended to read as follows:
``SEC. 797. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated to carry
out this subtitle $200,000,000 for each of fiscal years 2012 through
2016, to remain available until expended.
``(b) Management and Oversight.--The Administrator may use not more
than 1 percent of the amounts made available under subsection (a) for
each fiscal year for management and oversight purposes.''. | Diesel Emissions Reduction Act of 2010 - Amends the Energy Policy Act of 2005 to reauthorize and extend funding for a grant program for reducing diesel emissions. Authorizes the Administrator of the Environmental Protection Agency (EPA) to: (1) provide contracts and rebates to eligible entities to achieve significant reductions in diesel emissions; and (2) support rebate programs administered by states that are designed to achieve such reductions.
Includes among entities eligible to receive funding for reducing diesel emissions any private individual or entity that is the owner of a diesel vehicle or fleet operated pursuant to a contract, license, or lease with a federal, regional, state, local, or tribal agency or port authority with jurisdiction over transportation or air quality and that meets such requirements as the Administrator may establish for vehicle use and for notice to and approval by the agency with respect to a contract, license, or lease.
Includes Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands within the meaning of "state" under such Act.
Revises provisions concerning the distribution and use of, and applications for, funds. | {"src": "billsum_train", "title": "To amend the Energy Policy Act of 2005 to reauthorize and modify provisions relating to the diesel emissions reduction program."} | 2,861 | 238 | 0.625339 | 1.771845 | 0.781879 | 3.087963 | 12.273148 | 0.837963 |
SECTION 1. SHORT TITLE; FINDINGS; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nurse and Health
Care Worker Protection Act of 2009''.
(b) Findings.--Congress finds the following:
(1) In 2007, direct-care registered nurses ranked seventh
among all occupations for the number of cases of
musculoskeletal disorders resulting in days away from work--
8,580 total cases. Nursing aides, orderlies, and attendants
sustained 24,340 musculoskeletal disorders in 2007, the second
highest of any occupation. The leading cause of these injuries
in health care are the result of patient lifting, transferring,
and repositioning injuries.
(2) The physical demands of the nursing profession lead
many nurses to leave the profession. Fifty-two percent of
nurses complain of chronic back pain and 38 percent suffer from
pain severe enough to require leave from work. Many nurses and
other health care workers suffering back injury do not return
to work.
(3) Patients are not at optimum levels of safety while
being lifted, transferred, or repositioned manually. Mechanical
lift programs can substantially reduce skin tears suffered by
patients and the frequency of patients being dropped, thus
allowing patients a safer means to progress through their care.
(4) The development of assistive patient handling equipment
and devices has essentially rendered the act of strict manual
patient handling unnecessary as a function of nursing care.
(5) A growing number of health care facilities have
incorporated patient handling technology and have reported
positive results. Injuries among nursing staff have
dramatically declined since implementing patient handling
equipment and devices. As a result, the number of lost work
days due to injury and staff turnover has declined. Studies
have also shown that assistive patient handling technology
successfully reduces workers' compensation costs for
musculoskeletal disorders.
(6) Establishing a safe patient handling and injury
prevention standard for direct-care registered nurses and other
health care workers is a critical component in protecting
nurses and other health care workers, addressing the nursing
shortage, and increasing patient safety.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; findings; table of contents.
Sec. 2. Safe patient handling and injury prevention standard.
Sec. 3. Protection of direct-care registered nurses and health care
workers.
Sec. 4. Application of safe patient handling and injury prevention
standard to health care facilities not
covered by OSHA.
Sec. 5. Financial assistance to needy health care facilities in the
purchase of safe patient handling and
injury prevention equipment.
Sec. 6. Definitions.
SEC. 2. SAFE PATIENT HANDLING AND INJURY PREVENTION STANDARD.
(a) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Labor, shall, pursuant to
section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C.
655), propose a standard on safe patient handling and injury prevention
(in this section such standard referred to as the ``safe patient
handling and injury prevention standard'') under such section to
prevent musculoskeletal disorders for direct-care registered nurses and
all other health care workers handling patients in health care
facilities. A final safe patient handling and injury prevention
standard shall be promulgated not later than 2 years after the date of
the enactment of this Act.
(b) Requirements.--The safe patient handling and injury prevention
standard shall require the use of engineering controls to perform
lifting, transferring, and repositioning of patients and the
elimination of manual lifting of patients by direct-care registered
nurses and all other health care workers, through the use of mechanical
devices to the greatest degree feasible except where the use of safe
patient handling practices can be demonstrated to compromise patient
care. The standard shall apply to all health care employers and shall
require at least the following:
(1) Each health care employer to develop and implement a
safe patient handling and injury prevention plan within 6
months of the date of promulgation of the final standard, which
plan shall include hazard identification, risk assessments, and
control measures in relation to patient care duties and patient
handling.
(2) Each health care employer to purchase, use, maintain,
and have accessible an adequate number of safe lift mechanical
devices not later than 2 years after the date of issuance of a
final regulation establishing such standard.
(3) Each health care employer to obtain input from direct-
care registered nurses, health care workers, and employee
representatives of direct-care registered nurses and health
care workers in developing and implementing the safe patient
handling and injury prevention plan, including the purchase of
equipment.
(4) Each health care employer to establish and maintain a
data system that tracks and analyzes trends in injuries
relating to the application of the safe patient handling and
injury prevention standard and to make such data and analyses
available to employees and employee representatives.
(5) Each health care employer to establish a system to
document in each instance when safe patient handling equipment
was not utilized due to legitimate concerns about patient care
and to generate a written report in each such instance. The
report shall list the following:
(A) The work task being performed.
(B) The reason why safe patient handling equipment
was not used.
(C) The nature of the risk posed to the worker from
manual lifting.
(D) The steps taken by management to reduce the
likelihood of manual lifting and transferring when
performing similar work tasks in the future.
Such reports shall be made available to OSHA compliance
officers, workers, and their representatives upon request
within one business day.
(6) Each health care employer to train nurses and other
health care workers on safe patient handling and injury
prevention policies, equipment, and devices at least on an
annual basis. Such training shall include providing information
on hazard identification, assessment, and control of
musculoskeletal hazards in patient care areas and shall be
conducted by an individual with knowledge in the subject
matter, and delivered, at least in part, in an interactive
classroom-based and hands-on format.
(7) Each health care employer to post a uniform notice in a
form specified by the Secretary that--
(A) explains the safe patient handling and injury
prevention standard;
(B) includes information regarding safe patient
handling and injury prevention policies and training;
and
(C) explains procedures to report patient handling-
related injuries.
(8) Each health care employer to conduct an annual written
evaluation of the implementation of the safe patient handling
and injury prevention plan, including handling procedures,
selection of equipment and engineering controls, assessment of
injuries, and new safe patient handling and injury prevention
technology and devices that have been developed. The evaluation
shall be conducted with the involvement of nurses, other health
care workers, and their representatives and shall be documented
in writing. Health care employers shall take corrective action
as recommended in the written evaluation.
(c) Inspections.--The Secretary of Labor shall conduct unscheduled
inspections under section 8 of the Occupational Safety and Health Act
of 1970 (29 U.S.C. 657) to ensure implementation of and compliance with
the safe patient handling and injury prevention standard.
SEC. 3. PROTECTION OF DIRECT-CARE REGISTERED NURSES AND HEALTH CARE
WORKERS.
(a) Refusal of Assignment.--The Secretary shall ensure that a
direct-care registered nurse or other health care worker may refuse to
accept an assignment from a health care employer if--
(1) the assignment would subject the worker to conditions
that would violate the safe patient handling and injury
prevention standard; or
(2) the nurse or worker has not received training described
in section 2(a)(5) that meets such standard.
(b) Retaliation for Refusal of Lifting Assignment Barred.--
(1) No discharge, discrimination, or retaliation.--No
health care employer shall discharge, discriminate, or
retaliate in any manner with respect to any aspect of
employment, including discharge, promotion, compensation, or
terms, conditions, or privileges of employment, against a
direct-care registered nurse or other health care worker based
on the nurse's or worker's refusal of a lifting assignment
under subsection (a).
(2) No filing of complaint.--No health care employer shall
file a complaint or a report against a direct-care registered
nurse or other health care worker with the appropriate State
professional disciplinary agency because of the nurse's or
worker's refusal of a lifting assignment under subsection (a).
(c) Whistleblower Protection.--
(1) Retaliation barred.--A health care employer shall not
discriminate or retaliate in any manner with respect to any
aspect of employment, including hiring, discharge, promotion,
compensation, or terms, conditions, or privileges of employment
against any nurse or health care worker who in good faith,
individually or in conjunction with another person or persons--
(A) reports a violation or a suspected violation of
this Act or the safe patient handling and injury
prevention standard to the Secretary of Labor, a public
regulatory agency, a private accreditation body, or the
management personnel of the health care employer;
(B) initiates, cooperates, or otherwise
participates in an investigation or proceeding brought
by the Secretary, a public regulatory agency, or a
private accreditation body concerning matters covered
by this Act; or
(C) informs or discusses with other individuals or
with representatives of health care employees a
violation or suspected violation of this Act.
(2) Good faith defined.--For purposes of this subsection,
an individual shall be deemed to be acting in good faith if the
individual reasonably believes--
(A) the information reported or disclosed is true;
and
(B) a violation of this Act or the safe patient
handling and injury prevention standard has occurred or
may occur.
(d) Complaint to Secretary.--
(1) Filing.--A direct-care registered nurse, health care
worker, or other individual may file a complaint with the
Secretary of Labor against a health care employer that violates
this section within 180 days of the date of the violation.
(2) Response to complaint.--For any complaint so filed, the
Secretary shall--
(A) receive and investigate the complaint;
(B) determine whether a violation of this Act as
alleged in the complaint has occurred; and
(C) if such a violation has occurred, issue an
order that sets forth the violation and the required
remedy or remedies.
(3) Remedies.--The Secretary shall have the authority to
order all appropriate remedies for such violations.
(e) Cause of Action.--Any direct-care registered nurse or other
health care worker who has been discharged, discriminated, or
retaliated against in violation of this section may bring a cause of
action in a United States district court. A direct-care registered
nurse or other health care worker who prevails on the cause of action
shall be entitled to the following:
(1) Reinstatement, reimbursement of lost wages,
compensation, and benefits.
(2) Attorneys' fees.
(3) Court costs.
(4) Other damages.
(f) Notice.--A health care employer shall include in the notice
required under section 2(b)(7) an explanation of the rights of direct-
care registered nurses and health care workers under this section and a
statement that a direct-care registered nurse or health care worker may
file a complaint with the Secretary against a health care employer that
violates the safe patient handling and injury prevention standard,
including instructions for how to file such a complaint.
(g) Addition to Current Protections.--The worker protections
provided for under this section are in addition to protections provided
in section 11(c) of the Occupational Safety and Health Act of 1970 (29
U.S.C. 660(c)).
SEC. 4. APPLICATION OF SAFE PATIENT HANDLING AND INJURY PREVENTION
STANDARD TO HEALTH CARE FACILITIES NOT COVERED BY OSHA.
(a) In General.--Section 1866 of the Social Security Act (42 U.S.C.
1395cc) is amended--
(1) in subsection (a)(1)(V), by inserting ``and safe
patient handling and injury prevention standard (as initially
promulgated under section 2 of the Nurse and Health Care Worker
Protection Act of 2009)'' before the period at the end; and
(2) in subsection (b)(4)--
(A) in subparagraph (A), inserting ``and the safe
patient handling and injury prevention standard'' after
``Bloodborne Pathogens standard''; and
(B) in subparagraph (B), inserting ``or the safe
patient handling and injury prevention standard'' after
``Bloodborne Pathogens standard''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to health care facilities 1 year after date of issuance of the
final safe patient handling and injury prevention standard required
under section 2.
SEC. 5. FINANCIAL ASSISTANCE TO NEEDY HEALTH CARE FACILITIES IN THE
PURCHASE OF SAFE PATIENT HANDLING AND INJURY PREVENTION
EQUIPMENT.
(a) In General.--The Secretary of Health and Human Services shall
establish a grant program that provides financial assistance to cover
some or all of the costs of purchasing safe patient handling and injury
prevention equipment for health care facilities, such as hospitals,
nursing facilities, home health care, and outpatient facilities, that--
(1) require the use of such equipment in order to comply
with the safe patient handling and injury prevention standard;
but
(2) demonstrate the financial need for assistance for
purchasing the equipment required under such standard.
(b) Application.--No financial assistance shall be provided under
this section except pursuant to an application made to the Secretary of
Health and Human Services in such form and manner as the Secretary
shall specify.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for financial assistance under this section $200,000,000,
of which $50,000,000 will be available specifically for home health
agencies or entities. Funds appropriated under this subsection shall
remain available until expended.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) Direct-care registered nurse.--The term ``direct-care
registered nurse'' means an individual who has been granted a
license by at least one State to practice as a registered nurse
and who provides bedside care or outpatient services for one or
more patients or residents.
(2) Health care worker.--The term ``health care worker''
means an individual who has been assigned to lift, reposition,
or move patients or residents in a health care facility.
(3) Employment.--The term ``employment'' includes the
provision of services under a contract or other arrangement.
(4) Health care employer.--The term ``health care
employer'' means an outpatient health care facility, hospital,
nursing home, home health care agency, hospice, federally
qualified health center, nurse managed health center, rural
health clinic, or any similar health care facility that employs
direct-care registered nurses or other health care workers. | Nurse and Health Care Worker Protection Act of 2009 - Requires the Secretary of Labor to propose a standard on safe patient handling and injury prevention to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers that requires the use of engineering controls to lift patients and the elimination of manual lifting of patients through the use of mechanical devices, except where patient care may be compromised.
Requires health care employers to: (1) develop and implement a safe patient handling and injury prevention plan; (2) provide their workers with training on safe patient handling and injury prevention; and (3) post a uniform notice that explains the standard and the procedures to report patient handling-related injuries. Requires the Secretary to conduct unscheduled inspections to ensure compliance with safety standards.
Allows health care workers to: (1) refuse to accept an assignment in a health care facility that violates safety standards or for which such worker has not received required training; and (2) file complaints against employers who violate this Act. Prohibits employers from taking adverse actions against any health care worker who in good faith reports a violation, participates in an investigation or proceeding, or discusses violations.
Authorizes health care workers who have been discharged, discriminated, or retaliated against in violation of this Act to bring legal action for reinstatement, reimbursement of lost compensation, attorneys' fees, court costs, and other damages.
Requires the Secretary of Health and Human Services (HHS) to establish a grant program for purchasing safe patient handling and injury prevention equipment for health care facilities. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Labor to issue an occupational safety and health standard to reduce injuries to patients, direct-care registered nurses, and all other health care workers by establishing a safe patient handling and injury prevention standard, and for other purposes."} | 3,263 | 335 | 0.582147 | 2.052881 | 0.836999 | 3.725166 | 10.162252 | 0.937086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Competition Preservation Act
of 2000''.
SEC. 2. OVERSIGHT OF AIR CARRIER PRICING.
(a) In General.--Chapter 415 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 41512. Oversight of air carrier pricing
``(a) Effective Date.--
``(1) In general.--This section shall take effect
immediately upon a determination by the Secretary of
Transportation that 3 or fewer air carriers account for 70
percent or more of the scheduled revenue passenger miles in
interstate air transportation as a result of--
``(A) the consolidation or merger of the properties
(or a substantial portion of the properties) of 2 or
more of the 7 air carriers that account for the highest
number of scheduled revenue passenger miles in
interstate air transportation into a single entity that
owns or operates the properties previously in separate
ownership; or
``(B) the acquisition (by purchase, lease, or
contract to operate) of the properties (or a
substantial portion of the properties) of 1 or more of
the 7 air carriers described in subparagraph (A) by
another of such carriers.
``(2) Use of data.--For the purpose of determining the
number of scheduled revenue passenger miles under paragraph
(1), the Secretary shall use data from the latest year for
which complete data is available.
``(3) Determination of air carrier concentration.--In
making a determination under paragraph (1), the Secretary shall
attribute to an air carrier those scheduled revenue passenger
miles in interstate air transportation of the air carrier that
is consolidated, merged, or acquired that are associated with
routes adopted by the remaining carrier.
``(b) Fares of Air Carriers.--
``(1) In general.--On the initiative of the Secretary or on
a complaint filed with the Secretary, the Secretary may
undertake an investigation to determine whether an air carrier
is charging a fare or an average fare for interstate air
transportation on a route that is unreasonably high.
``(2) Considerations.--In determining whether a fare or an
average fare of an air carrier for interstate air
transportation on a route is unreasonably high, the Secretary
shall consider, among other factors, whether--
``(A) the fare or average fare is higher than the
fare or average fare charged by the carrier on other
routes in interstate air transportation of comparable
distances;
``(B) the fare or average fare has increased by a
significant amount in excess of any increase in the
cost to operate flights on the route; and
``(C) the range of fares specified on the route or
the carrier's entire fare system offers a reasonable
balance and a fair allocation of costs between
passengers who are primarily price sensitive and
passengers who are primarily time sensitive.
``(3) Actions in response to unreasonable fares.--If the
Secretary determines that an air carrier is charging a fare or
an average fare for interstate air transportation on a route
that is unreasonably high, the Secretary, after providing the
carrier an opportunity for a hearing, may order the carrier--
``(A) to reduce the fare;
``(B) to offer the reduced fare for a specific
number of seats on the route; and
``(C) to offer rebates to individuals who have been
charged the fare.
``(4) Period of effectiveness of order.--An order issued by
the Secretary under this subsection shall remain in effect for
a period to be determined by the Secretary.
``(c) Actions of Dominant Air Carriers in Response to New
Entrants.--If, with respect to a route in interstate air transportation
to or from a hub airport, a dominant air carrier at the airport--
``(1) institutes or changes its fares for air
transportation on the route in a manner that results in fares
that are lower than or comparable to the fares offered by a new
entrant air carrier for such air transportation; and
``(2) increases the passenger capacity at which such fares
are offered on the route to a level which is--
``(A) 2 or more times the capacity previously
offered by the carrier at such fares on the route; and
``(B) 2 or more times the total capacity offered by
the new entrant air carrier on the route, the dominant
air carrier, in the 2-year period beginning on the date that such fares
and additional capacity are instituted, shall continue to offer such
fares with respect to not less than 80 percent of the highest number of
seats per week for which the dominant air carrier has offered the
fares.
``(d) Ensuring Competition at Hub Airports.--
``(1) In general.--On the initiative of the Secretary or on
a complaint filed with the Secretary, the Secretary may
undertake an investigation to determine whether a dominant air
carrier at a hub airport is charging higher than average fares
at the airport.
``(2) Higher than average fares.--For purposes of paragraph
(1), the Secretary may determine that a dominant air carrier is
charging higher than average fares at a hub airport if the
carrier is charging, with respect to 20 percent or more of its
routes in interstate air transportation that begin or end at
the airport, an average fare that is at least 5 percent higher
than the average fare being charged by all air carriers on
routes in interstate air transportation of comparable distances
and density, after adjustments for costs that are carrier or
airport specific, such as passenger facility charges or
employee compensation.
``(3) Actions in response to unfair competition.--If the
Secretary determines under paragraph (1) that a dominant air
carrier is charging higher than average fares at a hub airport,
the Secretary, after providing the carrier an opportunity for a
hearing, may order the carrier to take actions to increase
opportunities for competition at the hub airport, including--
``(A) requiring the carrier to make gates, slots,
and other airport facilities available to other air
carriers on reasonable and competitive terms;
``(B) requiring adjustments in the commissions paid
by the carrier to travel agents;
``(C) requiring adjustments in the carrier's
frequent flyer program; and
``(D) requiring adjustments in the carrier's
corporate discount arrangements and comparable
corporate arrangements.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Dominant air carrier.--The term `dominant air
carrier', with respect to a hub airport, means an air carrier
that accounts for more than 50 percent of the total annual
boardings at the airport in the preceding 2-year period or a
shorter period specified in paragraph (3).
``(2) Hub airport.--The term `hub airport' means an airport
that each year has at least .25 percent of the total annual
boardings in the United States.
``(3) Interstate air transportation.--The term `interstate
air transportation' includes intrastate air transportation.
``(4) New entrant air carrier.--The term `new entrant air
carrier', with respect to a hub airport, means an air carrier
that accounts for less than 5 percent of the total annual
boardings at the airport in the preceding 2-year period or in a
shorter period specified by the Secretary if the carrier has
operated at the airport less than 2 years.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``41512. Oversight of air carrier pricing.''. | Provides for a situation where, with respect to an interstate route to or from a hub airport, a dominant air carrier (which accounts for more than 50 percent of total annual boardings) at the airport: (1) institutes or changes its fares in a manner that results in fares lower than or comparable to those offered by a new entrant air carrier; and (2) increases the passenger capacity at which such fares are offered to a level which is two or more times the capacity previously offered by the carrier at such fares on the route, and two or more times the total capacity offered by the new entrant air carrier on the route. Requires the dominant air carrier in such a situation, in the two-year period beginning when such fares and additional capacity are instituted, to continue to offer such fares with respect to at least 80 percent of the highest number of seats per week for which the dominant air carrier has offered them.
Authorizes the Secretary, on his or her own initiative or on a complaint, to: (1) investigate to determine whether a dominant air carrier at a hub airport is charging higher than average fares at the airport; and (2) upon an affirmative finding, order the carrier to take specified actions to increase opportunities for competition at the hub airport.
Makes this Act effective immediately upon the Secretary's determination that three or fewer air carriers account for 70 percent or more of the scheduled revenue passenger miles in interstate air transportation as a result of specified consolidations, mergers, or acquisitions. | {"src": "billsum_train", "title": "Airline Competition Preservation Act of 2000"} | 1,683 | 328 | 0.611955 | 1.725637 | 0.62612 | 5.310811 | 5.344595 | 0.925676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on American Jobs Act''.
SEC. 2. ESTABLISHMENT.
The Secretary of Commerce shall establish a commission to be known
as the ``Commission on American Jobs''.
SEC. 3. DUTIES OF THE COMMISSION.
On an annual basis, the Commission shall--
(1) collect data on outsourcing by companies of interest
from reports transmitted to the Commission pursuant to section
6(d) and any other information that the Commission may consider
under this Act;
(2) identify the number of jobs outsourced by companies of
interest, the dates that the jobs were outsourced, and the
locations to which the jobs were outsourced;
(3) conduct studies on why the jobs identified under
paragraph (2) were outsourced; and
(4) propose possible measures to prevent outsourcing by
companies of interest.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
six members appointed by the President.
(b) Political Affiliation.--Not more than three members of the
Commission appointed under subsection (a) may be affiliated with the
same political party.
(c) Labor Affiliation.--At least two members of the Commission
appointed under subsection (a) shall be representatives of labor
organizations certified by the National Labor Relations Board.
(d) Terms.--
(1) In general.--Each member shall be appointed for a term
of six years, except as provided in paragraphs (2) and (3). A
member may be appointed for more than one term.
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) two, not affiliated with the same political
party, shall be appointed for a term of six years;
(B) two, not affiliated with the same political
party, shall be appointed for a term of four years; and
(C) two, not affiliated with the same political
party, shall be appointed for a term of two years.
(3) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
(e) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall each be paid at the maximum rate of basic pay for
GS-15 of the General Schedule.
(2) Prohibition of compensation of federal employees.--
Except as provided in subsection (f), members of the Commission
who are full-time officers or employees of the United States or
Members of Congress may not receive additional pay, allowances,
or benefits by reason of their service on the Commission.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(g) Quorum.--Three members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(h) Chairperson.--The Chairperson of the Commission shall be
designated by the President. The term of office of the Chairperson
shall be one year. The position of Chairperson shall rotate among the
members of the Commission, and a member may serve as Chairperson only
once during each six-year term.
(i) Meetings.--The Commission shall meet at the call of either the
Chairperson or a majority of the Commission's members. The Commission
shall meet at least once annually.
SEC. 5. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any agency of the United States information necessary to enable it
to carry out this Act. Upon request of the Chairperson or any three
members of the Commission, the head of that agency shall furnish that
information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other agencies of the
United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued by the Commission under paragraph (1),
the Commission may apply to a United States district court for
an order requiring that person to appear before the Commission
to give testimony, produce evidence, or both, relating to the
matter under investigation. The application may be made within
the judicial district in which that person is found, resides,
or transacts business. Any failure to obey the order of the
court may be punished by the court as civil contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
(g) Immunity.--The Commission is an agency of the United States for
purpose of part V of title 18, United States Code (relating to immunity
of witnesses).
SEC. 6. REPORTS.
(a) Commission Reports.--The Commission shall transmit to--
(1) the Committee on Appropriations, the Committee on
Education and the Workforce, the Committee on Energy and
Commerce, and the Committee on Ways and Means of the House of
Representatives;
(2) the Committee on Appropriations, the Committee on
Commerce, Science, and Transportation, the Committee on
Finance, and the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(3) the Joint Economic Committee of the Congress,
annual reports including the content described in subsection (c).
(b) Timing.--The Commission shall transmit its first annual report
under subsection (a)--
(1) not later than six months after the date of enactment
of this Act, if such date of enactment is on or before
September 30, 2004; and
(2) not later than May 1, 2005, if such date of enactment
is after September 30, 2004.
The Commission shall transmit subsequent annual reports not later than
May 1 of each year.
(c) Content.--The annual reports required under subsection (a)
shall include--
(1) detailed summaries of the data collected under section
3(1);
(2) detailed summaries of the information identified under
section 3(2);
(3) the results of the studies conducted pursuant to
section 3(3); and
(4) the possible measures to prevent outsourcing proposed
under section 3(4).
(d) Company of Interest Reports.--A company of interest shall
transmit to the Commission annual reports stating the number of jobs,
if any, that the company of interest has outsourced during the previous
year, the dates that the jobs were outsourced, and the locations to
which the jobs were outsourced. A company of interest shall transmit
its first annual report under this subsection--
(1) not later than three months after the date of enactment
of this Act, if such date of enactment is on or before
September 30, 2004; and
(2) not later than March 1, 2005, if such date of enactment
is after September 30, 2004.
A company of interest shall transmit subsequent annual reports not
later than March 1 of each year.
SEC. 7. TERMINATION.
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.;
relating to the termination of advisory committees) shall not apply to
the Commission.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce $25,000,000 for fiscal year 2005, to remain available until
expended, to carry out this Act.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) Commission.--The term ``Commission'' means the
Commission on American Jobs established under this Act.
(2) Companies of interest.--The term ``companies of
interest'' means--
(A) corporations and other legal entities organized
under the laws of the United States;
(B) subsidiaries of corporations and legal entities
described in subparagraph (A);
(C) corporations and other legal entities that
employed at least 50 employees to perform services in
the United States at any one time on or after January
1, 1980; and
(D) corporations and other legal entities with
$1,000,000 or more annual gross income that is
effectively connected with the conduct of a trade or
business within the United States.
(3) Outsourcing.--The term ``outsourcing'' means hiring
employees to perform services outside the United States when
the services previously had been performed in the United
States.
(4) United states.--The term ``United States'' means the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, the Virgin Islands, and any other
territory or possession of the United States. | Commission on American Jobs Act - Directs the Secretary of Commerce to establish a Commission on American Jobs. Requires the Commission to: (1) collect data on the outsourcing of jobs by specified types of companies of interest; (2) study such outsourcing's causes; (3) propose prevention measures; and (4) report to specified congressional committees.
Requires such companies to report outsourcing data annually to the Commission. | {"src": "billsum_train", "title": "To establish the Commission on American Jobs."} | 2,248 | 85 | 0.587373 | 1.4498 | 0.822417 | 2.382716 | 26 | 0.876543 |
SECTION 1. SHORT TITLE AND REFERENCE.
(a) Short Title.--This Act may be cited as the ``Stop Sweatshops
Act of 1996''.
(b) Reference.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Fair Labor Standards Act of 1938.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The production of garments in violation of minimum
labor standards burdens commerce and the free flow of goods in
commerce by spreading and perpetuating labor conditions that
undermine minimum living standards and by providing an unfair
means of competition to the detriment of employers who comply
with the law.
(2) The existence of working conditions detrimental to fair
competition and the maintenance of minimum standards of living
necessary for health, efficiency, and general well-being of
workers are a continuing and growing problem in the domestic
garment industry.
(3) The Congress concurs in the findings of the Comptroller
General that most sweatshop employers violate the recordkeeping
requirements of the Fair Labor Standards Act of 1938 and that
the failure of such employers to maintain adequate records has
and continues to adversely affect the ability of the Department
of Labor to collect wages due to workers.
(4) The amendment of the Fair Labor Standards Act of 1938
to provide for legal responsibility on the part of
manufacturers for compliance with such Act's wage and hour,
child labor, and industrial homework provisions by contractors
in the garment industry and to provide civil penalties for
violations of that Act's recordkeeping requirements is
necessary to promote fair competition and working conditions
that are not detrimental to the maintenance of health,
efficiency, and general well-being of workers in the garment
industry.
SEC. 3. LEGAL RESPONSIBILITY FOR COMPLIANCE WITH WAGE AND HOUR
PROVISIONS IN THE GARMENT INDUSTRY.
(a) Amendment.--The Fair Labor Standards Act of 1938 is amended by
adding after section 14 the following:
``legal responsibility for compliance in the garment industry with
sections 6 and 7
``Sec. 14A. (a) Every manufacturer engaged in the garment industry
who contracts to have garment manufacturing operations performed by
another person as a contractor--
``(1) shall be civilly liable, with respect to those
garment manufacturing operations, to the same extent as the
contractor for any violation by the contractor of section 6
(except for violations of subsection (d)) or 7, for any
violation by the contractor of the provisions of section 11
regulating, restricting, or prohibiting industrial homework,
and for violation by the contractor of section 12; and
``(2) shall be subject to the same civil penalties assessed
against the contractor for violations of such sections.
``(b) For purposes of this section:
``(1) The term `garment industry' means the designing,
cutting, sewing, dyeing, washing, finishing, assembling,
pressing, or otherwise producing men's, women's, children's, or
infants' apparel, including clothing, knit goods, hats, gloves,
handbags, hosiery, ties, scarves, and belts, or a section or
component of apparel, except for pre-manufactured items such as
buttons, zippers, snaps, and studs, designed or intended to be
worn by any individual which is to be sold or offered for sale.
``(2) The term `manufacturer' means any person who (A)
contracts, directly or indirectly through an intermediary or
otherwise, with a contractor to perform the cutting, sewing,
dyeing, washing, finishing, assembling, pressing, or otherwise
producing any men's, women's, children's, or infants' apparel,
including clothing, knit goods, hats, gloves, handbags,
hosiery, ties, scarves, and belts, or a section or component of
apparel, except for pre-manufactured items such as buttons,
zippers, snaps, and studs, designed or intended to be worn by
any individual which is to be sold or offered for sale,
including a retailer engaged in such activities, or (B)
designs, cuts, sews, dyes, washes, finishes, assembles,
presses, or otherwise produces or is responsible for the
production of any men's, women's, children's, or infants'
apparel, including clothing, knit goods, hats, gloves,
handbags, hosiery, ties, scarves, and belts, or a section or
component of apparel, except for pre-manufactured items such as
buttons, zippers, snaps, and studs, designed or intended to be
worn by any individual which is to be sold or offered for sale.
``(3) The term `contractor' means any person who contracts,
directly or indirectly through an intermediary or otherwise,
with a manufacturer to perform the cutting, sewing, dyeing,
washing, finishing, assembling, pressing, or otherwise
producing any men's, women's, children's, or infants' apparel,
including clothing, knit goods, hats, gloves, handbags,
hosiery, ties, scarves, and belts, or a section or component of
apparel, except for pre-manufactured items such as buttons,
zippers, snaps, and studs, designed or intended to be worn by
any individual which is to be sold or offered for sale.
``(4) The term `retailer' means any person engaged in the
sale of apparel to the ultimate consumer for personal use.''.
(b) Liability to Employees.--Section 16 (29 U.S.C. 216) is
amended--
(1) in subsection (b), by adding after the first sentence
the following: ``A manufacturer in the garment industry (as
defined in section 14A(b)(2)) shall also be jointly and
severally liable to such an employee to the same extent as the
contractor in the garment industry (as defined in section
14A(b)(3)) who employed such employee if the contractor
violated section 6 (other than subsection (d)) or 7 in the
production of apparel or components of apparel for such
manufacturer.'';
(2) in subsection (b), by inserting in the last sentence
``or by a manufacturer in the garment industry'' after ``by an
employer''; and
(3) in subsection (c)--
(A) by striking ``first sentence'' and inserting
``first or second sentences''; and
(B) by inserting ``or by a manufacturer in the
garment industry'' after ``liable''
SEC. 4. RECORDKEEPING.
Section 16(e) (29 U.S.C. 216(e)) is amended by adding after the
first sentence the following: ``Any person who fails to establish,
maintain, and preserve payroll records as required under section 11(c)
shall be subject to a civil penalty of not to exceed $1000 for each
employee who was the subject of such a violation. The Secretary may, in
the Secretary's discretion, compute civil penalties under this
subsection for each pay period for willful violations. Any person who
submits fraudulent payroll records to the agencies enforcing this Act
in any of its investigations or hearings or as evidence in a court
action, which records conceal the actual hours of labor worked by
employees or the violation of section 6, 7, 11(d), or 12 shall be
subject to a civil penalty of $10,000 per act of fraud and $15,000 per
act of fraud for a second offense.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect upon the
expiration of 30 days from the date of its enactment. | Stop Sweatshops Act of 1996 - Amends the Fair Labor Standards Act of 1938 to provide for the civil liability of manufacturers for sweatshop conditions in the garment industry. Sets forth civil penalties for violation of recordkeeping and payroll accounting requirements. | {"src": "billsum_train", "title": "Stop Sweatshops Act of 1996"} | 1,716 | 53 | 0.546893 | 1.295588 | 1.267621 | 2.840909 | 36.045455 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Economic Stimulus Act of
2003''.
SEC. 2. PUERTO RICO RESIDENTS ELIGIBLE FOR EARNED INCOME TAX CREDIT.
(a) In General.--Section 32 of the Internal Revenue Code of 1986
(relating to earned income) is amended by inserting at the end the
following new subsection:
``(n) Residents of Puerto Rico.--
``(1) In general.--In the case of residents of Puerto Rico,
this section shall be applied--
``(A) by substituting `United States or Puerto
Rico' for `United States' in subsections
(c)(1)(A)(ii)(I) and (c)(3)(E),
``(B) by substituting `nonresident alien individual
(other than a resident of Puerto Rico)' for
`nonresident alien individual' in subsection (c)(1)(E),
and
``(C) by substituting `gross income (computed
without regard to section 933)' for `gross income' in
subsections (a)(2)(B) and (c)(2)(A)(i).
``(2) Phase-in of credit.--
``(A) In general.--The credit allowable under this
section by reason of this subsection shall not exceed
the applicable percentage of the amount of credit which
would otherwise be allowable under this section
(without regard to this paragraph).
``(B) Applicable percentage.--The applicable
percentage shall be determined as follows:
``In the case of any taxable year The applicable percentage is--
beginning in--
2004.......................................... 10
2005.......................................... 20
2006.......................................... 30
2007.......................................... 40
2008.......................................... 50
2009.......................................... 60
2010.......................................... 70
2011.......................................... 80
2012.......................................... 90
2013 and thereafter........................... 100.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 3. REFUNDABLE CHILD TAX CREDIT ALLOWABLE TO RESIDENTS OF PUERTO
RICO WITH LESS THAN 3 CHILDREN.
(a) In General.--Paragraph (1) of section 24(d) of the Internal
Revenue Code of 1986 (relating to portion of credit refundable) is
amended by inserting at the end the following new sentence: ``For
purposes of this paragraph, taxable income shall be computed without
regard to section 933.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2003.
(c) Applicability.--
(1) In general.--Any credit allowable by reason of the
amendment made by subsection (a) shall not exceed the
applicable percentage of the amount of credit which would
otherwise be allowable under section 24(d)(1) (without regard
to this subsection).
(2) Applicable percentage.--The applicable percentage shall
be determined as follows:
In the case of any taxable year The applicable percentage is--
beginning in--
2004.......................................... 10
2005.......................................... 20
2006.......................................... 30
2007.......................................... 40
2008.......................................... 50
2009.......................................... 60
2010.......................................... 70
2011.......................................... 80
2012.......................................... 90
2013 and thereafter........................... 100.
SEC. 4. SSI TO APPLY TO RESIDENTS OF PUERTO RICO.
(a) In General.--Section 1614(e) of the Social Security Act is
amended by striking ``and the District of Columbia'' and inserting ``,
the District of Columbia, and the Commonwealth of Puerto Rico''.
(b) Application.--Section 1611 of the Social Security Act is
amended by adding at the end the following:
``Limitation on Benefits for Residents of the Commonwealth of Puerto
Rico
``(j) Notwithstanding any other provision of this title, in the
case of an individual who is a resident of the Commonwealth of Puerto
Rico who is eligible to receive a monthly benefit under this title, the
monthly benefits payable under this title shall not exceed--
``(1) for each month occurring in 2004, 10 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title;
``(2) for each month occurring in 2005, 20 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title;
``(3) for each month occurring in 2006, 30 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title;
``(4) for each month occurring in 2007, 40 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title;
``(5) for each month occurring in 2008, 50 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title;
``(6) for each month occurring in 2009, 60 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title;
``(7) for each month occurring in 2010, 70 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title;
``(8) for each month occurring in 2011, 80 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title; and
``(9) for each month occurring in 2012, 90 percent of the
monthly benefits that would, but for the application of this
subsection, be paid to the individual under this title.''.
(c) Termination of Other Programs for Residents of Puerto Rico.--
(1) Title i.--Title I of the Social Security Act is amended
by inserting at the end the following:
``termination for residents of puerto rico
``Sec. 7. This title shall not apply to residents of the
Commonwealth of Puerto Rico after 2012.''.
(2) Title x.--Title X of the Social Security Act is amended
by inserting at the end the following:
``termination for residents of puerto rico
``Sec. 1007. This title shall not apply to residents of the
Commonwealth of Puerto Rico after 2012.''.
(3) Title xiv.--Title XIV of the Social Security Act is
amended by inserting at the end the following:
``termination for residents of puerto rico
``Sec. 1406. This title shall not apply to residents of the
Commonwealth of Puerto Rico after 2012.''.
(4) Title xvi.--Title XVI of the Social Security Act, as
applicable with respect to the Commonwealth of Puerto Rico
before the date of the enactment of this Act, shall not apply
after 2012.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to benefits payable in months beginning on or after January
1, 2004. | Puerto Rico Economic Stimulus Act of 2003 - Amends the Internal Revenue Code to: (1) make residents of Puerto Rico eligible for the earned income credit; and (2) allow the refundable portion of the child tax credit to residents of Puerto Rico with less than three children.
Amends title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to make the provisions of such title applicable to residents of Puerto Rico. | {"src": "billsum_train", "title": "A bill to make residents of Puerto Rico eligible for the earned income tax credit, the refundable portion of the child tax credit, and supplemental security income benefits."} | 1,598 | 103 | 0.53577 | 1.142777 | 0.402357 | 2.777778 | 15.855556 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Freedom Protection Act''.
SEC. 2. DEFINITIONS.
The second sentence of subparagraph (1) of section 201(g) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)) is amended by
inserting ``including a claim to cure, mitigate, treat, or prevent
disease,'' after ``for which a claim,''.
SEC. 3. MISBRANDED FOOD.
Section 403(r) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(r)) is amended--
(1) in subparagraph (1)(B), by striking ``to a disease or a
health-related condition'' and inserting ``to the cure,
mitigation, treatment, or prevention of any disease or any
health-related condition'';
(2) in subparagraph (2)--
(A) by amending clause (G) to read as follows:
``(G) Publications of the United States Government
shall not be subject to this subparagraph, subparagraph
(3), or subparagraph 5(D). The Secretary shall take no
action under this Act to restrict, limit, or impede the
reprinting and distribution or sale of any publication
of the United States Government (including ones
published by or at the request of any department,
agency, institute, center, or academy and including
content characterizing the relationship of any nutrient
to the cure, mitigation, treatment, or prevention of
any disease). The Secretary shall not construe the
distribution or sale of a publication of the United
States Government in connection with the sale of a food
or dietary supplement as evidence of an intent to sell
that food or dietary supplement as a drug.''; and
(B) by amending clause (H) to read as follows:
``(H) Accurate quotations from a publication of the
United States Government referred to in clause (G)
shall not be subject to this subparagraph, subparagraph
(3), or subparagraph 5(D). The Secretary shall take no
action under this Act to restrict, limit, or impede the
use of accurate quotations from a United States
Government publication that characterize the
relationship of any nutrient to the cure, mitigation,
treatment, or prevention of any disease. The Secretary
shall not construe accurate quotations from a United
States Government publication used in connection with
the sale of a food or dietary supplement as evidence of
an intent to sell that food or dietary supplement as a
drug.'';
(3) in subparagraph (3), by adding at the end the
following:
``(E) The Secretary shall allow with reasonable and
concise disclaimers not to exceed three sentences
claims of the type described in subparagraph (1)(B) not
authorized under this subparagraph or subparagraph
(5)(D) unless the Secretary determines that--
``(i) there is no scientific evidence that
supports the claim; and
``(ii) the claim is inherently misleading
and incapable of being rendered nonmisleading
through the addition of a disclaimer.
The Secretary shall not use tests of consumer
perception of product health benefits as a basis for a
determination under subclause (ii). The Secretary shall
bear the burden of proof by clear and convincing
evidence on each element of this clause.
``(F) The Secretary shall not exclude studies
concerning the treatment effects of nutrients on
disease from the evaluation of any health claims under
this subparagraph or subparagraph (1)(B) or (5)(D).
``(G) Notwithstanding any other provision of law, a
member of an advisory committee under this Act may not,
with respect to service on a committee evaluating a
claim of the type described in subparagraph (1)(B), be
granted an exemption under section 208(b) of title 18,
United States Code (relating to personal financial
interests).
``(H) Notwithstanding any prior decisions of the
Secretary concerning the relationship of saw palmetto
to benign prostatic hyperplasia, the relationship of
omega-3 fatty acids and coronary heart disease, the
relationship of omega-3 fatty acids and sudden death
heart attack, the relationship of glucosamine or
chondroitin sulfate and osteoarthritis, or the
relationship of calcium and bone fractures, the
following health claims are authorized for use on
labels and in the labeling of all foods and dietary
supplements containing those nutrients:
``(i) Saw Palmetto may improve urine flow,
reduce nocturia and reduce voiding urgency
associated with mild benign prostatic
hyperplasia (an enlarged prostate).
``(ii) Omega-3 Fatty Acids may reduce the
risk of coronary heart disease.
``(iii) Omega-3 Fatty Acids may reduce the
risk of sudden death heart attack.
``(iv) Glucosamine may reduce joint
stiffness and pain associated with
osteoarthritis.
``(v) Chondroitin Sulfate may reduce joint
stiffness and pain associated with
osteoarthritis.
``(vi) Glucosamine and Chondroitin Sulfate
may reduce joint stiffness and pain associated
with osteoarthritis.
``(vii) Calcium may reduce the risk of bone
fractures.'';
(4) in subclause (i) of subparagraph (4)(A)--
(A) in the first sentence, by striking ``or
(3)(B)'' and inserting ``, (3)(B), or (3)(E)''; and
(B) by striking ``Not later than 100 days'' and all
that follows through the end of subclause (i) and
inserting ``The Secretary shall promulgate regulations
authorizing or denying claims under subparagraph
(3)(B), shall publish notice of claims allowed or
disallowed under subparagraph (3)(C) or (3)(E) no later
than 100 days after the petition for such claims is
received by the Secretary, and shall not seek or grant
any extensions of that deadline. Any failure by the
Secretary to act within the 100-day period described in
the preceding sentence shall result in authorization or
allowance, as applicable, of the petitioned claim by
operation of law.''; and
(5) in the matter following clause (C) in subparagraph (6),
by adding at the end the following ``A statement for a dietary
supplement under this subparagraph may include words that are
recognized as signs or symptoms of disease or that among their
commonly understood meanings imply the cure, mitigation,
treatment, or prevention of disease so long as the statement
does not include the name of a specific disease and is made in
compliance with the requirements of clause (C). A statement for
a dietary supplement under this subparagraph may in support of
the statement refer to or cite a scientific publication that
has a title or contents that include the name of a specific
disease or a sign or symptom of a specific disease.''.
SEC. 4. DIETARY SUPPLEMENT LABELING EXEMPTIONS.
Section 403B of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343-2) is amended to read as follows:
``food and dietary supplement labeling exemption
``Sec. 403B. A truthful and nonmisleading scientific publication
reprinted in its entirety and used in connection with the sale of a
food or dietary supplement to consumers shall not be defined as
labeling and shall not be deemed evidence of an intent to sell a drug.
The Secretary shall not restrict in any way whatsoever the distribution
of any publication exempt from labeling under this section.''.
SEC. 5. HEALTH INFORMATION.
Section 5 of the Federal Trade Commission Act (15 U.S.C. 45) is
amended by adding at the end the following:
``(o) Advertising of Dietary Supplements and Dietary Ingredients.--
``(1) Definitions.--In this subsection:
``(A) Dietary supplement.--The term `dietary
supplement' has the meaning given to that term in
section 201(ff) of the Federal Food, Drug, and Cosmetic
Act.
``(B) Dietary ingredient.--The term `dietary
ingredient' means an ingredient listed in clause (A)
through (F) of section 201(ff)(1) of the Federal Food,
Drug, and Cosmetic Act that is included in, or that is
intended to be included in, a dietary supplement.
``(2) Exemptions from regulation as advertising.--
``(A) Insofar as a publication is exempt pursuant
to Section 403B of the Federal Food, Drug, and Cosmetic
Act, the publication is also exempt from regulation as
`advertising' under this Act.
``(B) A truthful and accurate summary of the
findings of a peer-reviewed medical, nutritional, or
other scientific publication shall not be subject to
regulation as `advertising' under this Act.
``(3) No implied claims.--In any investigation commenced by
the Commission and in any adjudicative proceeding in which the
Commission is a party, the Commission shall not attribute to an
advertiser accused of false advertisement any advertising
statement not actually made by that advertiser.
``(4) Notice, opportunity to cure, and burden of proof for
investigation.--
``(A) Before the Commission authorizes an
investigation of false advertisement by an advertiser
of a dietary supplement or a dietary ingredient, the
Commission shall send the advertiser a written `Notice
of Suspected Violation and Opportunity to Cure'
informing the advertiser of--
``(i) the precise advertising statement
that the Commission suspects may be false or
misleading;
``(ii) the scientific basis for the
Commission's view that any statement of health
benefit may be false or misleading; and
``(iii) a date certain, not less than 30
days after the date of the advertiser's receipt
of the notice, by which the advertiser may
voluntarily discontinue further use of the
statement the Commission suspects may be false
or misleading and, upon so doing, the
advertiser shall not be subject to an
investigation of false advertisement by the
Commission for the statement.
``(B) The Commission shall not commence any
investigation of an advertiser of a dietary supplement
or a dietary ingredient to determine whether the
advertiser has disseminated a false advertisement
unless it possesses before the commencement of such
investigation proof by a preponderance of the evidence
that the advertisement is false and misleading.
``(5) Burden of proof for false advertisement cases.--In
any proceeding before a Court or the Commission in which an
advertiser of a dietary supplement or a dietary ingredient is
charged with deceptive advertising, the burden of proof shall
be on the Commission to establish that the advertisement is
false and misleading and that the advertisement actually causes
consumers to be misled into believing to be true that which is
demonstrably false. No order adverse to the advertiser shall be
entered except upon the Commission satisfying that burden of
proof.''. | Health Freedom Protection Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to provide that a food or dietary supplement is not a drug solely because the label or labeling contains a claim to cure, mitigate, treat, or prevent disease.
Prohibits the Secretary of Health and Human Services from: (1) restricting the reprinting and distribution or sale of any U.S. government publication or any accurate quotations of such a publication, including content concerning nutrients and disease treatment or prevention; or (2) construing the distribution or sale of, or accurate quotation from, such a publication in connection with the sale of a food or dietary supplement as evidence of an intent to sell that food or dietary supplement as a drug.
Requires the Secretary to allow claims on food or nutrient labeling that characterize the relationship of a nutrient to the cure, mitigation, treatment, or prevention of a disease (with no more than a three-sentence disclaimer) unless the Secretary proves by clear and convincing evidence that: (1) there is no scientific evidence that supports the claim; and (2) the claim is inherently misleading and incapable of being rendered nonmisleading through the addition of a disclaimer.
Authorizes the use of specified health claims on the label of all foods and dietary supplements, including claims related to saw palmetto, omega-3 fatty acids, glucosamine, and calcium.
Allows a statement for a dietary supplement to include words that are recognized as signs or symptoms of disease so long as the statement does not include the name of a specific disease.
Amends the Federal Trade Commission Act to exempt from being regulated as advertising: (1) government publications exempted from reprinting or distribution restrictions under FFDCA; or (2) accurate summaries of scientific publications. Places the burden of proof that an advertisement for a dietary supplement or ingredient is false and misleading on the Federal Trade Commission. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act concerning foods and dietary supplements, to amend the Federal Trade Commission Act concerning the burden of proof in false advertising cases, and for other purposes."} | 2,459 | 434 | 0.630079 | 2.023559 | 0.823928 | 3.875691 | 6.110497 | 0.925414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2006''.
SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS.
(a) Civil Action.--
(1) In general.--Subsection (b) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(b)) is amended--
(A) by striking ``No person'' and inserting the
following:
``(1) No person''; and
(B) by inserting at the end the following new
paragraph:
``(2) No person, whether acting under color of law or
otherwise, shall knowingly deceive any other person regarding--
``(A) the time, place, or manner of conducting a
general, primary, run-off, or special election for the
office of President, Vice President, presidential
elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Commissioner from a
territory or possession;
``(B) the qualifications for or restrictions on
voter eligibility for any election described in
subparagraph (A);
``(C) the political party affiliation of any
candidate running in any election described in
subparagraph (A); or
``(D) the sponsor, endorser, or originator of any
electronic, written, or telephonic communication, or
any other public communication (as defined under
section 301(22) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(22))), that promotes, supports,
attacks, or opposes a clearly identified candidate in
any election described in subparagraph (A).''.
(2) Private right of action.--
(A) In general.--Subsection (c) of section 2004 of
the Revised Statutes (42 U.S.C. 1971(c)) is amended--
(i) by striking ``Whenever any person'' and
inserting the following:
``(1) Whenever any person''; and
(ii) by adding at the end the following new
paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2) may institute a civil action or other proper proceeding
for preventive relief, including an application in a United
States district court for a permanent or temporary injunction,
restraining order, or other order.''.
(B) Conforming amendments.--
(i) Subsection (e) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(e)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(ii) Subsection (g) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(g)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(b) Criminal Penalty.--Section 594 of title 18, United States Code,
is amended--
(1) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever'';
(2) by inserting ``by any means, including by means of
written, electronic, or telephonic communications,'' after
``any other person''; and
(3) by adding at the end the following:
``(b) Deceptive Acts.--
``(1) Prohibition.--
``(A) In general.--It shall be unlawful for any
person to knowingly deceive another person regarding--
``(i) the time, place, or manner of an
election described in subparagraph (B), or the
qualifications for or restrictions on voter
eligibility for any such election, with the
intent to prevent such person from exercising
the right to vote in such election;
``(ii) the political party affiliation of
any candidate running in any election described
in subparagraph (B);
``(iii) the sponsor, endorser, or
originator of any electronic, written, or
telephonic communication, or any other public
communication (as defined under section 301(22)
of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(22))), that promotes, supports,
attacks, or opposes a clearly identified
candidate in any election described in
subparagraph (B).
``(B) Election.--An election described in this
subparagraph is any general, primary, run-off, or
special election for the office of President, Vice
President, presidential elector, Member of the Senate,
Member of the House of Representatives, Delegate of the
District of Columbia, or Resident Commissioner.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned not more than 1
year, or both.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPORTING FALSE ELECTION INFORMATION.
(a) In General.--Any person may report to the Assistant Attorney
General of the Civil Rights Division of the Department of Justice, or
the designee of such Assistant Attorney General, any act of deception
regarding--
(1) the time, place, or manner of conducting a general,
primary, run-off, or special election for Federal office;
(2) the qualifications for or restrictions on voter
eligibility for any general, primary, run-off, or special
election for Federal office;
(3) the political party affiliation of any candidate in any
general, primary, run-off, or special election for Federal
office; or
(4) the sponsor, endorser, or originator of any electronic,
written, or telephonic communication, or any other public
communication (as defined under section 301(22) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(22))), that
promotes, supports, attacks, or opposes a clearly identified
candidate in any general, primary, run-off, or special election
for Federal office.
(b) Corrective Action.--
(1) In general.--Except as provided in paragraph (2), not
later than 48 hours after receiving a report under subsection
(a), the Assistant Attorney General shall investigate such
report and, if the Assistant Attorney General determines that
an act of deception described in subsection (a) occurred,
shall--
(A) undertake all effective measures necessary to
provide correct information to voters affected by the
deception, and
(B) refer the matter to the appropriate Federal and
State authorities for criminal prosecution.
(2) Reports within 72 hours of an election.--If a report
under subsection (a) is received within 72 hours before the
election described in such subsection, the Assistant Attorney
General shall immediately investigate such report and, if the
Assistant Attorney General determines that an act of deception
described in subsection (a) occurred, shall immediately
undertake all effective measures necessary to provide correct
information to voters affected by the deception.
(3) Regulations.--
(A) In general.--The Attorney General shall
promulgate regulations regarding the methods and means
of corrective actions to be taken under paragraphs (1)
and (2). Such regulations shall be developed in
consultation with the Election Assistance Commission,
civil rights organizations, voting rights groups, State
election officials, voter protection groups, and other
interested community organizations.
(B) Study.--
(i) In general.--The Attorney General, in
consultation with the Federal Communications
Commission and the Election Assistance
Commission, shall conduct a study on the
feasibility of providing the corrective
information under paragraphs (1) and (2)
through public service announcements, the
emergency alert system, or other forms of
public broadcast.
(ii) Report.--Not later than 180 days after
the date of the enactment of this Act, the
Attorney General shall submit to Congress a
report detailing the results of the study
conducted under clause (i).
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after any primary,
general, or run-off election for Federal office, the Attorney
General shall submit to the appropriate committees of Congress
a report compiling and detailing any allegations of deceptive
practices submitted pursuant to subsection (a) and relating to
such election.
(2) Contents.--
(A) In general.--Each report submitted under
paragraph (1) shall include--
(i) detailed information on specific
allegations of deceptive tactics;
(ii) any corrective actions taken in
response to such allegations;
(iii) the effectiveness of any such
corrective actions;
(iv) any suit instituted under section
2004(b)(2) of the Revised Statutes (42 U.S.C.
1971(b)(2)) in connection with such
allegations;
(v) statistical compilations of how many
allegations were made and of what type;
(vi) the geographic locations of and the
populations affected by the alleged deceptive
information; and
(vii) the status of the investigations of
such allegations.
(B) Exception.--The Attorney General may withhold
any information that the Attorney General determines
would unduly interfere with an on-going investigation.
(3) Report made public.--The Attorney General shall make
the report required under paragraph (1) publicly available
through the Internet and other appropriate means.
(d) Federal Office.--For purposes of this section, the term
``Federal office'' means the office of President, Vice President,
presidential elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Commissioner from a territory or
possession of the United States.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this section. | Deceptive Practices and Voter Intimidation Prevention Act of 2006 - Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; (2) the qualifications for or restrictions on voter eligibility for any such election; (3) the political party affiliation of any candidate running in any such election; or (4) the sponsor, endorser, or originator of any public communication that promotes, supports, attacks, or opposes a clearly identified candidate in any such election. Creates a private right of action for any person aggrieved by a violation of such prohibition.
Prescribes a criminal penalty for such deceptive acts.
Authorizes any person to report a deceptive act to the Assistant Attorney General (AAG) of the Civil Rights Division of the Department of Justice (or a designee).
Requires the AAG to investigate such a report within 48 hours after its receipt and provide correct information to the voters if it is determined that an act of deception occurred.
Requires an immediate investigation if such a report is received within 72 hours before an election. Directs the AAG, in such an instance, to undertake immediately all effective measures necessary to provide correct information to voters affected by the deception.
Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast. | {"src": "billsum_train", "title": "A bill to prohibit deceptive practices in Federal elections."} | 2,173 | 341 | 0.584388 | 1.89913 | 0.778889 | 4.662069 | 6.834483 | 0.924138 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Lending Act Amendments of
1995''.
SEC. 2. TREATMENT OF CERTAIN CHARGES.
(a) Third Party Fees.--Section 106(a) of the Truth in Lending Act
(15 U.S.C. 1605(a)) is amended by adding after the second sentence the
following new sentence: ``The finance charge shall not include fees and
amounts imposed by third parties not affiliated with the creditor
(including settlement agents, attorneys, and escrow and title
companies) if the creditor does not expressly require the imposition of
the charges and does not retain the charges.''.
(b) Taxes on Security Instruments or Evidences of Indebtedness.--
Section 106(d) of the Truth in Lending Act (15 U.S.C. 1605(d)) is
amended by adding at the end the following new paragraph:
``(3) Any tax levied on security instruments or on
documents evidencing indebtedness if the payment of such taxes
is a precondition for recording the instrument securing the
evidence of indebtedness.''.
(c) Preparation of Loan Documents.--Section 106(e)(2) of the Truth
in Lending Act (15 U.S.C. 1605(e)(2)) is amended to read as follows:
``(2) Fees for preparation of loan-related documents and
attending or conducting settlement.''.
(d) Fees Relating to Pest Infestations, Inspections, and Hazards.--
Section 106(e)(5) of the Truth in Lending Act (15 U.S.C. 1605(e)(5)) is
amended by inserting ``, including fees related to pest infestations,
premises and structural inspections, and flood hazards'' before the
period.
SEC. 3. EXEMPTIONS FROM RESCISSION.
(a) Certain Refinancings.--Section 125(e) of the Truth in Lending
Act (15 U.S.C. 1635(e)) is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(5) a transaction, other than a mortgage referred to in
section 103(aa), which--
``(A) is secured by a first lien, in any amount;
and
``(B) constitutes a refinancing or consolidation of
an existing extension of credit.''.
(b) Technical and Conforming Amendment.--Section 125(e)(2) of the
Truth in Lending Act (15 U.S.C. 1635(e)(2)) is amended by inserting ``,
other than a transaction described in subsection (e)(5),'' after ``a
refinancing or consolidation (with no new advances)''.
SEC. 4. TOLERANCES; BASIS OF DISCLOSURES.
(a) Tolerances for Accuracy.--Section 106 of the Truth in Lending
Act (15 U.S.C. 1605) is amended by adding at the end the following new
subsection:
``(f) Tolerance for Accuracy.--In connection with credit
transactions not under an open end credit plan that are secured by real
property or a dwelling, the disclosure of the finance charge and other
disclosures affected by any finance charge shall be treated as being
accurate for purposes of this title if the amount disclosed as the
finance charge does not vary from the actual finance charge by more
than an amount equal to \1/2\ of the numerical tolerance corresponding
to, and generated by, the tolerance provided by section 107(c) with
respect to the annual percentage rate.''.
(b) Basis of Disclosure for Per Diem Interest.--Section 121(c) of
the Truth in Lending Act (15 U.S.C. 1631(c)) is amended by adding at
the end the following new sentence: ``In the case of any consumer
credit transaction a portion of the interest on which is determined on
a per diem basis and is to be collected upon the consummation of such
transaction, any disclosure with respect to such portion of interest
shall be deemed to be accurate for purposes of this title if the
disclosure is based on information actually known to the creditor at
the time that the disclosure documents are being prepared for the
consummation of the transaction.''.
SEC. 5. LIMITATION ON LIABILITY.
(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by adding at the end the following new
section:
``SEC. 139. CERTAIN LIMITATIONS ON LIABILITY.
``(a) Limitations on Liability for Disclosures Relating to Certain
Fees and Charges Other Than Finance Charges.--
``(1) In general.--For transactions consummated before the
date of the enactment of the Truth in Lending Act Amendments of
1995, a creditor or any assignee of a creditor shall have no
civil, administrative, or criminal liability under this title
for, and a consumer shall have no extended rescission rights
under section 125(f) with respect to, the creditor's treatment,
for disclosure purposes, of--
``(A) taxes described in section 106(d)(3);
``(B) fees and amounts described in section 106(e)
(2) and (5) and third party fees and amounts described
in section 106(a); and
``(C) delivery charges imposed by a creditor.
``(2) Exceptions.--Subsection (a) shall not apply to--
``(A) any individual action or counterclaim brought
under this title--
``(i) which was filed before October 1,
1994; and
``(ii) the pleadings in which (as filed
before such date) allege improper disclosure of
charges described in paragraph (1), (2), or (3)
of subsection (a);
``(B) any class action brought under this title--
``(i) for which a class was certified
before October 1, 1994; and
``(ii) the pleadings in which (as filed
before such date) allege improper disclosure of
charges described in paragraph (1), (2), or (3)
of subsection (a);
``(C) the named individual plaintiffs in any class
action brought under this title--
``(i) which was filed before October 1,
1994; and
``(ii) the pleadings in which (as filed
before such date) allege improper disclosure of
charges described in paragraph (1), (2), or (3)
of subsection (a); or
``(D) any consumer credit transaction with respect
to which a timely notice of rescission was sent to the
creditor before October 1, 1994.
``(b) Exemption From Liability for Finance Charge Disclosures
Within Tolerance Limits.--
``(1) In general.--In the case of any consumer credit
transaction subject to this title, including a transaction
consummated before the date of the enactment of the Truth in Lending
Act Amendments of 1995, no creditor or assignee with respect to such
transaction shall have any civil, administrative, or criminal liability
under this title for, and no consumer shall have extended rescission
rights under section 125 by reason of, any disclosure relating to the
finance charge imposed with respect to such transaction if the amount
or percentage actually disclosed--
``(A) may be treated as accurate pursuant to
section 106(f), or
``(B) is greater than the amount or percentage
required to be disclosed under this title.
``(2) Exceptions.--Paragraph (1) shall not apply to--
``(A) any individual action or counterclaim brought
under this title which was filed before October 1,
1994;
``(B) any class action brought under this title for
which a class was certified before October 1, 1994;
``(C) the named individual plaintiffs in any class
action brought under this title which was filed before
October 1, 1994; or
``(D) any consumer credit transaction with respect
to which a timely notice of rescission was sent to the
creditor before October 1, 1994.''.
(b) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act is amended by inserting after the item relating to
section 138 the following new item:
``Sec. 139. Certain limitations on liability.''.
SEC. 6. APPLICABILITY.
Except as otherwise provided in section 5, the amendments made by
this Act shall apply to all consumer credit transactions consummated on
or after the date of enactment of this Act, except that the amendments
made by subsections (a) and (b) of section 3 shall apply to all
extensions of credit with respect to which rescission rights have not
been asserted as of January 1, 1995.
SEC. 7. LIMITATION ON RESCISSION PERIOD.
Section 125(f) of the Truth in Lending Act (15 U.S.C. 1635(f)) is
amended by adding at the end the following sentences: ``The expiration
of the right of rescission pursuant to this subsection shall be
absolute and no consumer may assert rescission, affirmatively or as a
defense, in any action in any State or Federal court after the earlier
of the end of the 3-year period beginning on the date of the
consummation of the transaction or the sale of the property securing
the loan or other extension of credit, except as otherwise provided in
the preceding sentence. This subsection shall supersede any State law
which is inconsistent with any provision of this subsection.''.
SEC. 8. CALCULATION OF ACTUAL DAMAGES.
Paragraph (1) of section 130(a) of the Truth in Lending Act (15
U.S.C. 1640(a)) is amended to read as follows:
``(1) Any actual damages sustained by such person as a
result of the failure (to the extent the person demonstrates
reliance on the inaccurate disclosure which prevented the
person from accepting better credit terms actually available to
the person from another creditor) and the amount of such
damages shall be the difference between the finance charges
actually paid and the finance charges that would have been paid
over the same period under credit terms applicable with respect
to credit actually available to the person from another
creditor.''.
SEC. 9. ASSIGNEE LIABILITY.
(a) Violations Apparent on the Face of Transaction Documents.--
Section 131(a) of the Truth in Lending Act (15 U.S.C. 1641(a)) is
amended to read as follows:
``(a) Liability of Assignee for Apparent Violations.--
``(1) In general.--Except as otherwise specifically
provided in this title, any civil action against a creditor for
a violation of this title, and any proceeding under section 108
against a creditor, with respect to a consumer credit
transaction may be maintained against any assignee of such
creditor only if--
``(A) the violation for which such action or
proceeding is brought is apparent on the face of the
disclosure statement provided in connection with such
transaction pursuant to this title; and
``(B) the assignment to the assignee was voluntary.
``(2) Violation apparent on the face of the disclosure
described.--For the purpose of this section, a violation is
apparent on the face of the disclosure statement if--
``(A) the disclosure can be determined to be
incomplete or inaccurate from the face of the
disclosure statement; or
``(B) the disclosure does not use the terms or
format required to be used by this title.''.
(b) Servicer not Treated as Assignee.--Section 131 of the Truth in
Lending Act (15 U.S.C. 1641) is amended by adding at the end the
following new subsection:
``(d) Treatment of Servicer.--
``(1) In general.--A servicer of a consumer obligation
arising from a consumer credit transaction shall not be treated
as an assignee of such obligation for purposes of this section
unless the servicer is the owner of the obligation.
``(2) Servicer not treated as owner on basis of assignment
for administrative convenience.--A servicer of a consumer
obligation arising from a consumer credit transaction shall not
be treated as the owner of the obligation for purposes of this
section on the basis of an assignment of the obligation from
the creditor or another assignee to the servicer solely for the
administrative convenience of the servicer in servicing the
obligation.
``(3) Servicer defined.--For purposes of this subsection,
the term `servicer' has the same meaning as in section 6(i)(2)
of the Real Estate Settlement Procedures Act of 1974.''. | Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act pertaining to consumer credit cost disclosure to exclude from the determination of finance charges: (1) charges imposed by third parties not affiliated with the creditor (including settlement agents, attorneys, and escrow and title companies) if the creditor does not expressly require the imposition of such charges and does not retain them; (2) taxes levied on security instruments or evidences of indebtedness if payment is a precondition for recording such an instrument; (3) fees, for preparation of loan-related documents and attending or conducting settlement in extensions of credit secured by interest in real property; and (4) fees related to pest infestation on premises, structural inspections, and flood hazards.
(Sec. 3) Excludes from a consumer's statutory right of rescission certain refinancings or consolidations of debt secured by a first lien.
(Sec. 4) Increases the allowable tolerances for accuracy pertaining to the annual percentage rate disclosure requirements on consumer credit transactions.
Provides that the disclosure for per diem interest shall be deemed to be accurate if it is based on information actually known to the creditor at the time that the disclosure documents are being prepared for the consummation of the transaction.
(Sec. 5) Sets forth liability limitations for: (1) a creditor's treatment, for disclosure purposes, of specified taxes, fees, and charges other than finance charges; and (2) a creditor's finance charge disclosures within specified tolerance limits.
(Sec. 7) Provides that the statute of limitations on a consumer's right of rescission is absolute and acts as a bar to any subsequent assertion of such rescission in State or Federal court.
(Sec. 8) Narrows the civil liability guidelines for consumer credit disclosures to: (1) declare a creditor liable for actual damages sustained by a person to the extent such person demonstrates reliance on the inaccurate disclosure which prevented the person from accepting better credit terms actually available from another creditor; (2) revise the general rules for liability of a creditor's voluntary assignee for a violation apparent on the face of the disclosure statement; and (3) declare that a servicer of a consumer obligation shall not be treated as an assignee unless the servicer is the owner of the obligation. | {"src": "billsum_train", "title": "Truth in Lending Act Amendments of 1995"} | 2,935 | 528 | 0.604983 | 2.159039 | 0.670026 | 3.95045 | 5.716216 | 0.905405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Elections Act of 2008''.
SEC. 2. REQUIRING BALLOTS USED IN FEDERAL ELECTIONS TO BE PROVIDED ONLY
IN ENGLISH LANGUAGE.
(a) In General.--Subtitle A of 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 BALLOTS USED IN FEDERAL ELECTIONS TO BE PROVIDED
ONLY IN ENGLISH LANGUAGE.
``(a) In General.--Except to the extent required under section 203
of the Voting Rights Act of 1965, all ballots and balloting material
used with respect to an election for Federal office, including all
voting information described in section 302(b), may be provided only in
the English language.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2008 and each succeeding election for Federal office.''.
(b) Conforming Amendments.--
(1) Contents of periodic election administration studies.--
Section 241 of such Act (42 U.S.C. 15381) is amended--
(A) in subsection (a)(1)--
(i) by striking ``voters, individuals'' and
inserting ``voters and individuals'', and
(ii) by striking ``, and voters with
limited proficiency in the English language'';
(B) in subsection (b)(5)--
(i) by striking ``impaired), Native
American'' and inserting ``impaired) and Native
American'', and
(ii) by striking ``, and voters with
limited proficiency in the English language'';
and
(C) by striking subsection (b)(14).
(2) Enforcement of requirement.--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:
``303A. Requiring ballots used in Federal elections to be provided only
in English language.''.
SEC. 3. BILINGUAL ELECTION REQUIREMENTS FOR CERTAIN POLITICAL
SUBDIVISIONS WITH POPULATIONS OF AMERICAN INDIANS OR
ALASKA NATIVES.
Section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a)
is amended to read as follows:
``bilingual election requirements for certain political subdivisions
with populations of american indians or alaska natives
``Sec. 203. (a) Basis for Requirement.--The Congress finds that
Native American dialect translations should be provided in voting
materials because the languages of Native Americans and Native Alaskans
predate the establishment of the United States.
``(b) Bilingual Voting Materials Requirement.--
``(1) Generally.--Before August 6, 2032, no covered
political subdivision of a State shall provide voting materials
only in the English language.
``(2) Covered political subdivisions.--A political
subdivision is a covered political subdivision for the purposes
of this subsection if the Director of the Census determines,
based on the 2010 American Community Survey census data and
subsequent American Community Survey data in 5-year increments,
or comparable census data, that--
``(A) the political subdivision contains all or any
part of an Indian reservation and more than 5 percent
of the American Indian or Alaska Native citizens of
voting age within the Indian reservation are members of
a single language minority and are limited-English
proficient; and
``(B) the illiteracy rate of the citizens in the
language minority as a group is higher than the
national illiteracy rate.
``(3) Definitions.--As used in this section--
``(A) the term `language minorities' means persons
who are American Indian or Alaskan Natives;
``(B) the term `voting materials' means
registration or voting notices, forms, instructions,
assistance, or other materials or information relating
to the electoral process, including ballots;
``(C) the term `limited-English proficient' means
unable to speak or understand English adequately enough
to participate in the electoral process;
``(D) the term `Indian reservation' means any area
that is an American Indian or Alaska Native area, as
defined by the Census Bureau for the purposes of the
1990 decennial census;
``(E) the term `citizens' means citizens of the
United States; and
``(F) the term `illiteracy' means the failure to
complete the 5th primary grade.
``(4) Special rule.--The determinations of the Director of
the Census under this subsection shall be effective upon
publication in the Federal Register and shall not be subject to
review in any court.
``(c) English and Non-English Versions.--Whenever any political
subdivision subject to the prohibition of subsection (b) of this
section provides any registration or voting notices, forms,
instructions, assistance, or other materials or information relating to
the electoral process, including ballots, it shall provide them in the
language of the applicable minority group as well as in the English
language. However, where the language is historically unwritten, the
political subdivision is only required to furnish oral instructions,
assistance, or other information relating to registration and voting.
``(d) Declaratory Judgment.--Any political subdivision subject to
the prohibition of subsection (b) of this section, which seeks to
provide English-only registration or voting materials or information,
including ballots, may file an action against the United States in the
United States District Court for a declaratory judgment permitting such
provision. The court shall grant the requested relief if it determines
that the illiteracy rate of the applicable language minority group
within the political subdivision is equal to or less than the national
illiteracy rate.''. | American Elections Act of 2008 - Amends the Help America Vote Act of 2002 to require, except as provided for under this Act, that all ballots and balloting material used in federal elections be only in the English language.
Amends the Voting Rights Act of 1965 to revise the requirement that certain jurisdictions provide ballots and other voting materials in languages other than English. Restricts such requirement to certain political subdivisions with populations of American Indians or Alaska Natives. | {"src": "billsum_train", "title": "To require that ballots used in Federal elections be generally printed only in English and to amend the Voting Rights Act of 1965 to modify the requirement that certain jurisdictions provide ballots and other voting materials in languages other than English, and for other purposes."} | 1,411 | 105 | 0.608773 | 1.462688 | 0.683354 | 3.223529 | 14.070588 | 0.894118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustainable Drug Pricing Act''.
SEC. 2. AGREEMENTS REGARDING PRICES OF BRAND-NAME PRESCRIPTION DRUGS;
RELATION TO CERTAIN TAX DEDUCTIONS AND CREDITS.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following subpart:
``Subpart XI--Sustainable Drug Pricing
``SEC. 340H. AGREEMENTS REGARDING PRICES OF BRAND-NAME PRESCRIPTION
DRUGS; RELATION TO CERTAIN TAX DEDUCTIONS AND CREDITS.
``(a) In General.--
``(1) Agreement.--The Secretary may in accordance with this
section enter into an agreement with any manufacturer of a
brand-name prescription drug for purposes of--
``(A) section 280I of the Internal Revenue Code of
1986 (relating to the allowance of a deduction for
expenditures relating to the advertising, promoting, or
marketing of such drug); and
``(B) section 901(l) of such Code (relating to the
allowance of a foreign tax credit for income, war
profits, or excess profits taxes paid or accrued with
respect to such drug).
``(2) Coordination with tax provisions.--For purposes of
the provisions of the Internal Revenue Code of 1986 referred to
in paragraph (1), an agreement under this section shall be
considered to be in effect with respect to a brand-name
prescription drug unless the Secretary transmits to the
Secretary of the Treasury a notice in writing that such an
agreement is not in effect.
``(3) Negotiations.--The Secretary shall negotiate with any
manufacturer of a brand-name prescription drug that in good
faith seeks an agreement under paragraph (1), and shall make
reasonable efforts to enter into such an agreement with the
manufacturer.
``(b) Public Health Objectives of Agreement.--The purpose of an
agreement under subsection (a) regarding a drug is to establish the
maximum price at which the drug may be sold at wholesale under the
agreement, reasonably taking into account--
``(1) the affordability of the drug in relation to the
public-health need for the drug; and
``(2) the need for the manufacturer to invest in research
and development activities toward the development of new drugs
that will benefit the public health.
``(c) Duration of Agreement; Renegotiation.--
``(1) In general.--With respect to taxable years of a
manufacturer, the Secretary may enter into an agreement under
subsection (a) regarding a drug only if the agreement contains
provisions in accordance with the following:
``(A) In the case of the agreement as first in
effect, the agreement will be in effect for not fewer
than four successive taxable years.
``(B) In the case of taxable years following such
four taxable years, the agreement may be periodically
renegotiated at the initiative of the manufacturer or
the Secretary, except that any agreement that takes
effect pursuant to such a renegotiation will remain in
effect for not fewer than four taxable years.
``(C) Each agreement will apply to the entirety of
the taxable years with which the agreement is
concerned, except that in the case of the taxable year
during which the drug first enters the commercial
market, the applicability of the agreement will begin
on the date during the taxable year on which commercial
marketing of the drug begins.
``(2) Variation in maximum price under agreement.--With
respect to the maximum price established for a drug under an
agreement under subsection (a), this section may not be
construed as requiring that the agreement provide that a single
maximum price be in effect throughout the taxable years with
which the agreement is concerned. The maximum price may vary
under the agreement according to the terms of the agreement.
``(d) Violation of Agreement; Liquidated Penalty.--
``(1) In general.--The Secretary may enter into an
agreement under subsection (a) regarding a drug only if--
``(A) the agreement specifies the amount that, as a
liquidated penalty, the Secretary may require the
manufacturer involved to pay to the United States for
failing to maintain substantial compliance with the
agreement; and
``(B) such amount is sufficient to deter violations
of the agreement.
``(2) Hearing; loss of effective status of agreement.--
``(A) Hearing.--If, after providing notice and an
opportunity for a hearing, the Secretary determines
that a manufacturer has failed to maintain substantial
compliance with the agreement under subsection (a), the
Secretary shall order the manufacturer--
``(i) to pay to the United States an amount
as a penalty for such failure, which amount
does not exceed the amount specified under
paragraph (1)(A) as a liquidated penalty; and
``(ii) to take appropriate action to bring
the manufacturer into compliance with the
agreement.
``(B) Loss of effective status.--If a manufacturer
fails to comply with an order under subparagraph (A),
the Secretary may transmit to the Secretary of the
Treasury a notice in writing that an agreement under
this section is not in effect with respect to the
brand-name prescription drug involved.
``(e) General Provisions.--
``(1) Individual drug agreements.--The Secretary shall
ensure that each agreement under subsection (a) concerns only
one brand-name prescription drug.
``(2) Monitoring of compliance.--With respect to brand-name
prescription drugs for which agreements under subsection (a)
are in effect, the Secretary shall monitor the prices at which
such drugs are being sold and determine whether the
manufacturers involved are in compliance with the agreements.
The Secretary may require, as a condition of a entering into an
agreement under subsection (a) with a manufacturer, that the
agreement include provisions regarding the cooperation of the
manufacturer with such monitoring of prices.
``(3) Access to records.--The Secretary may require, as a
condition of a entering into an agreement under subsection (a)
with a manufacturer, that the manufacturer provide the
Secretary, during negotiations and after the agreement is made,
with access to financial records of the manufacturer that
relate to the brand-name prescription drug involved.
``(4) Consideration of compliance record.--In determining
to what extent to establish requirements under paragraphs (2)
and (3) with respect to an agreement under subsection (a) with
a manufacturer, the Secretary shall take into account whether
the manufacturer has maintained substantial compliance with any
other agreements under such subsection that have been made by
the manufacturer.
``(f) Advisory Panel on Drug-Price Negotiations.--
``(1) In general.--The Secretary shall establish an
advisory panel to be known as the Advisory Panel on Drug-Price
Negotiations (in this subsection referred to as the `Advisory
Panel').
``(2) Duties.--The Advisory Panel shall provide advice to
the Secretary on establishing prices for the sale of brand-name
prescription drugs at wholesale under agreements under
subsection (a). Not later than one year after the date on which
the initial appointments to the Advisory Panel under paragraph
(3) are completed, the Panel shall--
``(A) select, from brand-name prescription drugs in
commercial distribution as of the date of the enactment
of the Sustainable Drug Pricing Act--
``(i) a list of 25 drugs that the Panel
considers important to the public health; and
``(ii) a list of the 25 most commonly
prescribed drugs in the United States,
exclusive of drugs included on the list under
clause (i); and
``(B) submit to the Secretary the recommendations
of the Panel with respect to such prices for drugs on
the lists.
``(3) Composition.--The Advisory Panel shall be composed of
five members appointed by the Secretary from among individuals
who are not officers or employees of the Federal Government. Of
such members--
``(A) one shall be a representative of the
pharmaceutical industry;
``(B) one shall be a representative of retail
consumers generally;
``(C) one shall be a representative of retail
consumers who are members of racial or ethnic minority
groups;
``(D) one shall be an academic with expertise in
health care economics; and
``(E) one shall be an academic with expertise in
public health.
The Secretary shall appoint the initial members of the Advisory
Panel not later than 180 days after the date of the enactment
of the Sustainable Drug Pricing Act.
``(4) Chair.--The Advisory Panel shall select, by recorded
vote, a member of the Panel to serve as the chair of the Panel.
``(5) Terms.--
``(A) In general.--Each member of the Advisory
Panel shall be appointed for a term of four years,
except that the term of each of the initial members
expires December 31, 2007.
``(B) Service after expiration of term.--A member
of the Advisory Panel may continue to serve after the
expiration of the term of the member until a successor
is appointed.
``(6) Vacancies.--
``(A) Authority of advisory panel.--A vacancy in
the membership of the Advisory Panel does not affect
the power of the remaining members to carry out the
duties of the Panel.
``(B) Appointment of successors.--A vacancy in the
membership of the Advisory Panel shall be filled in the
manner in which the original appointment was made.
``(C) Incomplete term.--If a member of the Advisory
Panel does not serve the full term under paragraph
(5)(A), the Secretary, not later than 30 days after the
date on which the vacancy occurs, shall appoint an
individual to serve as a member of the Advisory Panel
for the remainder of such term.
``(g) Definitions.--For purposes of this section:
``(1) The term `brand-name prescription drug' means a drug
meeting each of the following criteria:
``(A) An approved application under section
505(b)(1) of the Federal Food, Drug, and Cosmetic Act
is in effect for the drug, or in the case of a drug
that is a biological product, a biologics license is in
effect for the drug under section 351 of this Act.
``(B) The drug is subject to section 503(b)(1) of
the Federal Food, Drug, and Cosmetic Act.
``(C) A period of market exclusivity is in effect
with respect to the drug pursuant to a patent or
pursuant to section 505(j) or 505A of such Act.
``(2) The term `drug' has the meaning given such term in
section 201(g)(1) of such Act.''.
SEC. 3. DENIAL OF CERTAIN TAX BENEFITS UNLESS UNLESS PRICING AGREEMENT
FOR BRAND-NAME PRESCRIPTION DRUGS IS IN EFFECT.
(a) Deductions for Advertising.--
(1) In general.--Part IX of subchapter B of chapter 1 of
subtitle A of the Internal Revenue Code of 1986 (relating to
items not deductible) is amended by adding at the end the
following:
``SEC. 280I. DENIAL OF DEDUCTIONS FOR ADVERTISING FOR BRAND-NAME
PRESCRIPTION DRUGS UNLESS PRICING AGREEMENT IS IN EFFECT.
``(a) In General.--No deduction shall be allowed under this chapter
for any taxable year for any expenditure relating to the advertising,
promoting, or marketing (in any medium) of any brand-name prescription
drug manufactured by the taxpayer.
``(b) Exception for Qualified Pricing Agreement.--
``(1) In general.--Subsection (a) shall not apply with
respect to any brand-name prescription drug for a taxable year
if there is in effect for the entire taxable year a qualified
pricing agreement with respect to such drug.
``(2) Special rule regarding initial commercial
marketing.--In the case of the taxable year during which a
brand-name prescription drug first enters the commercial
market, subsection (a) shall not apply with respect to such
drug for such taxable year if a qualified pricing agreement
with respect to the drug is in effect on the date of such entry
and remains in effect throughout the remainder of such year.
``(c) Definitions.--For purposes of this section--
``(1) Qualified pricing agreement.--The term `qualified
pricing agreement' means an agreement entered into under
section 340H of the Public Health Service Act.
``(2) Brand-name prescription drug.--The term `brand-name
prescription drug' has the meaning given such term in section
340H of the Public Health Service Act.
``(d) Aggregation Rules.--For purposes of this section, all members
of the same controlled group of corporations (within the meaning of
section 52(a)) and all persons under common control (within the meaning
of section 52(b)) shall be treated as 1 person.''.
(2) Clerical amendment.--The table of sections for such
part IX is amended by adding after the item relating to section
280H the following:
``280I. Denial of deductions for advertising for brand-name
prescription drugs unless pricing agreement
is in effect.''.
(b) Foreign Tax Credit.--Section 901 of such Code (relating to
taxes of foreign countries and of possessions of United States) is
amended by redesignating subsection (l) as subsection (m) and by
inserting after subsection (k) the following new subsection:
``(l) Denial of Foreign Tax Credit, Etc. With Respect to Brand-Name
Prescription Drugs Unless Pricing Agreement Is in Effect.--
``(1) In general.--Notwithstanding any other provision of
this part, no credit shall be allowed under subsection (a) for
any income, war profits, or excess profits taxes paid or
accrued (or deemed paid under section 902 or 960) with respect
to any brand-name prescription drug manufactured by the
taxpayer.
``(2) Exception for qualified pricing agreement.----
``(A) In general.--Paragraph (1) shall not apply
with respect to any brand-name prescription drug for a
taxable year if there is in effect for the entire
taxable year a qualified pricing agreement with respect
to such drug.
``(B) Special rule regarding initial commercial
marketing.--In the case of the taxable year during
which a brand-name prescription drug first enters the
commercial market, paragraph (1) shall not apply with
respect to such drug for such taxable year if a
qualified pricing agreement with respect to the drug is
in effect on the date of such entry and remains in
effect throughout the remainder of such year.
``(3) Definitions.--For purposes of this subsection, the
terms `qualified pricing agreement' and `brand-name
prescription drug' have the meanings given such terms by
section 280I.
``(4) Aggregation rules.--For purposes of this subsection,
a rule similar to the rule of section 280I(d) shall apply. ''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
SEC. 4. FEDERAL REGISTER NOTICE.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of Health and Human Services shall publish in the Federal
Register a notice that informs manufacturers of brand-name prescription
drugs of the provisions of the amendments made by this Act, and that
invites the manufacturers to enter into negotiations with the Secretary
for purposes of entering into agreements under section 340H of the
Public Health Service Act. | Sustainable Drug Pricing Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to enter into agreements with the manufacturers of brand name prescription drugs for four-year terms to establish a maximum wholesale price for such drugs. Defines brand name prescription drugs as FDA-approved prescription drugs with market exclusivity. Requires such agreements to specify a liquidated penalty that is sufficient to deter violations for failure to maintain substantial compliance. Allows the Secretary to notify the Secretary of the Treasury that there is no longer an effective agreement in place if such a penalty is not paid. Requires the Secretary to monitor prices to ensure compliance. Allows the Secretary to require manufacturers entering into such agreements to cooperate with such monitoring and to allow the Secretary access to relevant financial records.
Requires the Secretary to establish the Advisory Panel on Drug-Price Negotiations to advise the Secretary on establishing prices. Requires the Panel to provide the Secretary with recommended drug prices for 25 drugs that the Panel considers important to the public health and for an additional 25 drugs that are the most commonly prescribed drugs in the United States.
Amends the Internal Revenue Code of 1986 to disallow: (1) a deduction for advertising, promotion, or marketing of brand name prescription drugs without a qualified pricing agreement in effect for the entire taxable year; and (2) a foreign tax credit for such drugs manufactured by the taxpayer without a qualified pricing agreement in effect for the entire taxable year. | {"src": "billsum_train", "title": "To amend the Public Health Service Act and the Internal Revenue Code of 1986 to require agreements regarding the wholesale price of brand-name prescription drugs as a condition of the allowance of certain tax deductions and credits."} | 3,509 | 314 | 0.565512 | 1.738856 | 0.800922 | 2.835125 | 11.512545 | 0.913978 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Permanent Protection for Florida Act
of 2006''.
SEC. 2. PROHIBITION ON OIL AND GAS PRODUCTION IN FLORIDA EXCLUSION
ZONE.
The Outer Continental Shelf Lands Act is amended by inserting after
section 8 (43 U.S.C. 1337) the following:
``SEC. 8A. PROHIBITION ON OIL AND GAS PRODUCTION IN FLORIDA EXCLUSION
ZONE.
``(a) Definitions.--In this section:
``(1) Florida exclusion zone.--The term `Florida exclusion
zone' means the area located--
``(A) east of the red line (as depicted on the
Minerals Management Service map entitled `Florida Map
1', dated January 23, 2006);
``(B) 25 miles west of the Military Mission Line
(as depicted on the Minerals Management Service map
entitled `Florida Map 1', dated January 23, 2006);
``(C) 150 miles off the Florida Panhandle,
including the area commonly known as the `Stovepipe' in
the 181 Area in the Gulf of Mexico;
``(D) the Straits of Florida planning area; and
``(E) 150 miles off the Florida east coast that
extends from the Straits of the Florida planning area
to the Florida-Georgia border.
``(2) Military mission line.--The term `Military Mission
Line' means--
``(A) the 8641' north-south line of longitude; or
``(B) a line not more than 25 miles west of the
line described in subparagraph (1), as determined by
the Secretary of Defense during the 5-year period
beginning on the date of enactment of this section.
``(3) Non-producing lease.--The term `non-producing lease'
means a lease for the production of oil, natural gas, or any
other mineral in the Florida exclusion zone that is in
existence and in good standing on the date of enactment of this
section.
``(b) Exclusion Zone.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary shall not issue a lease for the exploration,
development, or production of oil, natural gas, or any other
mineral in the Florida exclusion zone.
``(2) Great lakes.--It is the sense of Congress that States
are encouraged not to issue a permit or lease for new oil and
natural gas slant, directional, or offshore drilling in or
under any of the Great Lakes (as described in section 386 of
the Energy Policy Act of 2005 (42 U.S.C. 15941)).
``(3) Application.--This subsection applies to--
``(A) a non-producing lease; and
``(B) a non-producing lease that would otherwise be
entered into on or after the date of enactment of this
section.
``(c) Withdrawal.--The Florida exclusion zone is withdrawn from--
``(1) any outer Continental Shelf protraction diagram
prepared by the Minerals Management Service; and
``(2) consideration for inclusion in any 5-year outer
Continental Shelf leasing program of the Department of the
Interior.
``(d) Relinquishment of Certain Leases.--
``(1) In general.--Subject to paragraphs (2), (3), and (4),
any non-producing or similar lease that is suspended on the
date of enactment of this section in the Eastern planning area
of the Gulf of Mexico (other than Lease Sale 181, as identified
in the final outer Continental Shelf 5-Year Oil and Gas Leasing
Program for 2002-2007) that is active, non-producing, or in
suspension as of the date of enactment of this section is
relinquished and abandoned in exchange for royalty forgiveness
for revenue streams owed by oil and gas lessees producing on
that date in the Central and Western planning areas of the Gulf
of Mexico.
``(2) Restoration of leased sea floor.--A lessee of a
relinquished and abandoned lease shall--
``(A) remove all existing boreholes, wellheads, and
ancillary equipment located on the leased sea floor;
and
``(B) restore the sea floor as nearly as
practicable to pre-lease condition.
``(3) Ineligible lessee.--A lessee of a relinquished and
abandoned lease is ineligible for royalty forgiveness if the
lease involves--
``(A) an outer Continental Shelf tract in the
Central or Western planning area of the Gulf of Mexico
subject to royalty deferrals or royalty forgiveness
pursuant to--
``(i) the notice of proposed rulemaking
entitled `Relief or Reduction in Royalty
Rates--Deep Gas Provisions' (68 Fed. Reg.
14868); or
``(ii) any other Federal law (including
regulations);
``(B) an outer Continental Shelf tract located
within the boundaries of the Flower Garden Banks
National Marine Sanctuary; or
``(C) any outer Continental Shelf tract located
outside the boundaries of the Florida exclusion zone
and within the Eastern planning area of the Gulf of
Mexico.
``(4) Waiver of rents and royalties.--
``(A) In general.--The Secretary shall allow an
eligible lessee covered by paragraph (1) to withhold
from payment any royalty or rent due to the United
States under this Act.
``(B) Judicial review.--Any disagreement between an
eligible lessee and the Secretary regarding the amount
of royalty or rent forgiveness described in
subparagraph (A) shall be subject to judicial review.
``(e) Administration.--
``(1) Other sections of act.--Beginning on the date of
enactment of this section, other sections of this Act shall not
apply to--
``(A) any area in which leasing is prohibited under
subsection (b);
``(B) any area that is withdrawn under subsection
(c); or
``(C) any area subject to a lease that is
relinquished under subsection (d).
``(2) Inventory.--The areas described in subparagraphs (A),
(B), and (C) of paragraph (1), as well as the areas currently
under moratorium in the outer Continental Shelf and the areas
protected by the document entitled `Memorandum on Withdrawal of
Certain Areas of the United States Outer Continental Shelf from
Leasing Disposition' (34 Weekly Comp. Pres. Doc. 1111, dated
June 12, 1998), shall not be subject to an inventory conducted
under section 357 of the Energy Policy Act of 2005 (42 U.S.C.
15912).
``(3) National marine sanctuary.--Nothing in this section
precludes the Secretary of Commerce, acting through the
Director of the National Marine Sanctuary Program, from
considering any portion of the Florida exclusion zone for
designation as a marine sanctuary under the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.)
(commonly known as the `Ocean Dumping Act').
``(4) Maintenance and repair of existing pipelines.--
Nothing in this section precludes--
``(A) the inspection, monitoring, or repair of pre-
existing subsea oil and natural gas pipelines under
Federal law (including regulations) pertaining to
pipeline safety and environmental protection; or
``(B) the replacement in situ of preexisting subsea
oil or natural gas pipelines under that Federal law.
``(5) Commercial and sport fishing.--Nothing in this
section affects any regulation or management of commercial or
sport fishing, or routine operation or transit of fishing or
recreational vessels, within the Florida exclusion zone.
``(6) Military activities.--Nothing in this section limits
any military ship, submarine, aircraft, or amphibious vessel
activity conducted as part of--
``(A) military exercises;
``(B) routine transit;
``(C) military preparedness; or
``(D) rescue operations.
``(f) Conditions for Leasing in Other Areas.--
``(1) In general.--With respect to Federal leasing on the
outer Continental Shelf in the areas described in paragraph
(2)--
``(A) each individual lease sale shall be subject
to the review process under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), including
the completion of an environmental impact statement for
the lease sale; and
``(B) all pre-lease and leasing activities shall
proceed only if best available and safest technologies,
as described in 21(b), are required for all phases of
operations.
``(2) Description of areas.--The areas referred to in
paragraph (1) are areas on the outer Continental Shelf that--
``(A) are not specifically covered by this Act; and
``(B)(i) are not located within the protected
waters of the Florida Exclusion Zone;
``(ii) are not protected by the document entitled
`Memorandum on Withdrawal of Certain Areas of the
United States Outer Continental Shelf from Leasing
Disposition' (34 Weekly Comp. Pres. Doc. 1111, dated
June 12, 1998); or
``(iii) are not located within any other federally
protected area.''
SEC. 3. EXTENSION OF DEFERRAL.
Notwithstanding the document entitled ``Memorandum on Withdrawal of
Certain Areas of the United States Outer Continental Shelf from Leasing
Disposition (34 Weekly Comp. Pres. Doc. 1111, dated June 12, 1998)'',
the expiration date for the withdrawal of areas of the outer
Continental Shelf described in the first paragraph of that Memorandum
shall be extended until June 30, 2020. | Permanent Protection for Florida Act of 2006 - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for the exploration, development, or production of oil, natural gas, or any other mineral in the Florida exclusion zone.
Expresses the sense of Congress that states are encouraged not to issue a permit or lease for new oil and natural gas slant, directional, or offshore drilling in or under any of the Great Lakes.
Declares this Act applicable to non-producing leases.
Withdraws the Florida exclusion zone from: (1) any Outer Continental Shelf protraction diagram prepared by the Minerals Management Service; and (2) consideration for inclusion in any five-year Outer Continental Shelf leasing program of the Department of the Interior.
Declares that any non-producing or similar lease that is suspended as of the enactment of this Act in the Eastern planning area of the Gulf of Mexico (with a specified exception), and that is also active, non-producing, or in suspension as of such date, is relinquished and abandoned in exchange for royalty forgiveness for revenue streams owed by oil and gas lessees producing on that date in the Central and Western planning areas of the Gulf of Mexico.
Specifies the characteristics of any relinquished and abandoned lease whose lessee is ineligible for royalty forgiveness.
Extends until June 30, 2020, the expiration date for the withdrawal of areas of the Outer Continental Shelf described in a specified Memorandum. | {"src": "billsum_train", "title": "To prohibit offshore drilling on the outer Continental Shelf off the State of Florida, and for other purposes."} | 2,213 | 328 | 0.661799 | 1.935398 | 0.648405 | 6.515901 | 7.007067 | 0.925795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patient Access to Drugs in Shortage
Act of 2012''.
SEC. 2. MARKET STABILITY INCENTIVES.
(a) Medicare.--
(1) In general.--Section 1847A(b) of the Social Security
Act (42 U.S.C. 1395w-3a(b)) is amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``paragraph (7)'' and
inserting ``paragraphs (7) and (9)''; and
(B) by adding at the end the following new
paragraph:
``(9) Sterile injectable products with 3 or fewer active
manufacturers.--
``(A) In general.--The payment amount for a drug
described in subparagraph (B) that is furnished on or
after July 1, 2013, and before January 1, 2020, shall
be equal to--
``(i) in the case of a drug described in
subparagraph (B)(i), the volume-weighted
wholesale acquisition cost determined under
subparagraph (C) for the drug; and
``(ii) in the case of a drug described in
subparagraph (B)(ii), the wholesale acquisition
cost (as defined in subsection (c)) of the
drug.
``(B) Drug described.--
``(i) In general.--A drug described in this
subparagraph is a sterile injectable drug
product that is manufactured by 3 or fewer
active manufacturers (as determined by the
Secretary) and is--
``(I) a multiple source drug (as
described in subsection (c)(6)(C)) for
which there is no period of exclusivity
in effect or available under section
505(j), 505A, or 527 of the Federal
Food, Drug, and Cosmetic Act; or
``(II) a single source drug (as
described in subsection (c)(6)(D)(ii))
for which there is no period of
exclusivity in effect or available
under section 505(c), 505A, or 527 of
the Federal Food, Drug, and Cosmetic
Act.
``(ii) Sterile injectable drug defined.--In
this paragraph, the term `sterile injectable
drug' means a drug approved by the Food & Drug
Administration that is injected into the body.
``(C) Use of volume-weighted average wholesale
acquisition costs for multiple source drugs.--The
volume-weighted average wholesale acquisition costs
under this paragraph shall be determined under this
subparagraph in the same manner as the volume-weighted
average of the average sales prices is determined under
paragraph (6) except that, for purposes of this
paragraph, any reference in such paragraph (6) to the
average sale prices for a drug is deemed a reference to
wholesale acquisition cost (as defined in subsection
(c)(6)(B)) for the drug.''.
(2) HOPD prospective payment system.--Section 1833(t)(14)
of the Social Security Act (42 U.S.C. 1395l(t)(14)) is
amended--
(A) in subparagraph (A)(iii), in the matter
preceding subclause (I), by striking ``subparagraph
(E)'' and inserting ``subparagraphs (E) and (I)''; and
(B) by adding at the end the following new
subparagraph:
``(I) Sterile injectable products with 3 or fewer
active manufacturers.--The amount of payment for a drug
described in section 1847A(b)(9)(B) that is furnished
on or after July 1, 2013, and before January 1, 2020,
shall be equal to--
``(i) in the case of a drug described in
clause (i) of such section, the volume-weighted
wholesale acquisition costs amount determined
under section 1847A(b)(9)(C) for the drug; and
``(ii) in the case of a drug described in
clause (ii) of section 1847A(b)(9)(B), the
wholesale acquisition cost (as defined in
section 1847A(c)) of the drug.''.
(b) Medicaid.--
(1) In general.--Section 1927(a) of the Social Security Act
(42 U.S.C. 1396r-8(a)) is amended by adding at the end the
following new paragraph:
``(8) Sterile injectable products with 3 or fewer active
manufacturers.--
``(A) In general.--Paragraph (1) of this subsection
and section 1903(i)(10)(A) shall not apply to a drug
that is described in section 1847A(b)(9)(C), that is
furnished on or after July 1, 2013, and before January
1, 2020, and for which payment may be made under part B
of title XVIII.
``(B) Guidance.--Not later than July 1, 2013, the
Secretary shall publish guidance on the exclusion of
certain sterile injectable products under subparagraph
(A).''.
(2) Conforming amendment.--Section 1903(i)(10)(A) of the
Social Security Act (42 U.S.C. 1396b(i)(10)(A)) is amended by
striking ``unless section 1927(a)(3) applies'' and inserting
``unless paragraph (3) or (9) of section 1927(a) applies''.
(c) 340B Program.--
(1) In general.--Section 340B of the Public Health Service
Act (42 U.S.C. 256b) is amended by inserting after subsection
(e) the following:
``(f) Exclusion of Certain Sterile Injectable Products.--
``(1) In general.--For purposes of this section (including
with respect to the prohibition described in subsection
(a)(5)(L)(iii)), the term `covered outpatient drug' shall not
include a drug that is described in section 1847A(b)(9)(C) of
the Social Security Act, that is furnished on or after July 1,
2013, and before January 1, 2020, and for which payment may be
made under part B of title XVIII of such Act.
``(2) Guidance.--Not later than July 1, 2013, the Secretary
shall publish guidance on the exclusion of certain sterile
injectable products under paragraph (1).''.
(d) Study and Report.--
(1) In general.--The Secretary of Health and Human Services
shall contract with an independent entity to study the effects
of the amendments made by this section on patient access to
sterile injectable products.
(2) Report.--As a condition of the contract described under
paragraph (1), the independent entity shall agree to submit to
Congress and such Secretary, not later than 3 years after the
date of enactment of this Act, a report that describes the
results of the study conducted under paragraph (1).
SEC. 3. EXCLUSION OF BRANDED PRESCRIPTION DRUGS FROM ANNUAL FEE DURING
PERIODS OF SHORTAGE.
(a) In General.--Subsection (e) of section 9008 of the Patient
Protection and Affordable Care Act is amended by redesignating
paragraph (4) as paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Exclusion during shortage.--The term `branded
prescription drug sales' shall not include sales of any branded
prescription drug that--
``(A) is on the drug shortage list maintained under
section 506E of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356e), and
``(B)(i) is the listed drug (as defined in section
505(j)(2)(A)(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(j)(2)(A)(i)) for a drug for which
the approval of an application under section 505(j) of
such Act (21 U.S.C. 355(j)) is in effect, or
``(ii) is the reference product (as defined in
section 351(i) of the Public Health Service Act (42
U.S.C. 262(i)) for a biological product for which the
approval of an application under section 351(k) of such
Act (42 U.S.C. 262(j)) is in effect.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to sales after the date of the enactment of this Act. | Patient Access to Drugs in Shortage Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to use of average sales price payment methodology for drugs and biologicals, to prescribe a formula for determining the payment amount, using the volume-weighted wholesale acquisition cost, for a multiple source or a single source sterile injectable drug product with three or fewer active manufacturers, if there is no period of exclusivity in effect or available.
Incorporates such payment methodology under the hospital outpatient department prospective payment system for any such drug furnished between July 1, 2013, and January 1, 2020.
Amends SSA title XIX (Medicaid) to exempt from the rebate agreement requirement a multiple source drug furnished between July 1, 2013, and January 1, 2020, and for which payment may be made under Medicare part B (Supplementary Medicare Insurance).
Amends the Public Health Service Act to exclude such multiple source drugs from the term "covered outpatient drug" subject to specified price limitations under the "340B" drug pricing program.
Directs the Secretary to contract with an independent entity to study the effects of this Act on patient access to sterile products.
Amends the Patient Protection and Affordable Care Act to exclude certain branded prescription drugs on a specified drug shortage list from the annual fee imposed on branded prescription pharmaceutical manufacturers and importers. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to promote public notification and provide incentives to reduce drug shortages, and for other purposes."} | 1,961 | 302 | 0.553467 | 1.563717 | 0.682549 | 2.89313 | 6.09542 | 0.80916 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FISA Judge Selection Reform Act of
2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) FISA court.--The term ``FISA Court'' means the court
established under section 103(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(a)).
(2) FISA court of review.--The term ``FISA Court of
Review'' means the court of review established under section
103(b) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1803(b)).
SEC. 3. REFORMS TO THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.
(a) FISA Court Judges.--
(1) Number and designation of judges.--Section 103(a)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a)(1)) is amended to read as follows:
``(1)(A) There is a court (referred to in this paragraph as the
`FISA Court') which shall have jurisdiction to hear applications for
and to grant orders approving electronic surveillance anywhere within
the United States under the procedures set forth in this Act.
``(B)(i) The FISA Court shall consist of 13 judges, one of whom
shall be designated from each judicial circuit (including the United
States Court of Appeals for the District of Columbia and the United
States Court of Appeals for the Federal Circuit).
``(ii) The Chief Justice of the United States shall--
``(I) designate each judge of the FISA Court from the
nominations made under subparagraph (C); and
``(II) make the name of each judge of the FISA Court
available to the public.
``(C)(i) When a vacancy occurs in the position of a judge of FISA
Court from a judicial circuit, the chief judge of the circuit shall
propose a district judge for a judicial district within the judicial
circuit to be designated for that position.
``(ii) If the Chief Justice does not designate a district judge
proposed under clause (i), the chief judge shall propose 2 other
district judges for a judicial district within the judicial circuit to
be designated for that position and the Chief Justice shall designate 1
such district judge to that position.
``(D) No judge of the FISA Court (except when sitting en banc under
paragraph (2)) shall hear the same application for electronic
surveillance under this Act which has been denied previously by another
judge of the FISA Court.
``(E) If any judge of the FISA Court denies an application for an
order authorizing electronic surveillance under this Act, such judge
shall provide immediately for the record a written statement of each
reason for the judge's decision and, on motion of the United States,
the record shall be transmitted, under seal, to the court of review
established in subsection (b).''.
(2) Tenure.--Section 103(d) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended by
striking ``redesignation,'' and all that follows through the
end and inserting ``redesignation.''.
(3) Implementation.--
(A) Incumbents.--A district judge designated to
serve on the court established under section 103(a) of
the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1803(a)) before the date of enactment of this
Act may continue to serve in that position until the
end of the term of the district judge under section
103(d) of such Act, as in effect on the day before the
date of enactment of this Act.
(B) Initial appointment and term.--Notwithstanding
any provision of section 103 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803),
as amended by paragraphs (1) and (2), and not later
than 180 days after the date of enactment of this Act,
the Chief Justice of the United States shall--
(i) designate a district court judge who is
serving in a judicial district within the
District of Columbia circuit and proposed by
the chief judge of such circuit to be a judge
of the FISA Court for an initial term of 7
years; and
(ii) designate a district court judge who
is serving in a judicial district within the
Federal circuit and proposed by the chief judge
of such circuit to be a judge of the FISA Court
for an initial term of 4 years.
(b) Court of Review.--Section 103(b) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(b)) is amended--
(1) by striking ``The Chief Justice'' and inserting ``(1)
Subject to paragraph (2), the Chief Justice''; and
(2) by adding at the end the following:
``(2) The Chief Justice may designate a district court judge or
circuit court judge to a position on the court established under
paragraph (1) only if at least 5 associate justices approve the
designation of such individual.''.
SEC. 4. STUDY AND REPORT ON DIVERSITY AND REPRESENTATION ON THE FISA
COURTS.
(a) Study.--The Committee on Intercircuit Assignments of the
Judicial Conference of the United States shall carry out a study on how
to ensure judges are appointed to the FISA Court and the FISA Court of
Review in a manner that ensures such Courts are diverse and
representative.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Committee on Intercircuit Assignments shall submit to
Congress a report on the study carried out under subsection (a). | FISA Judge Selection Reform Act of 2013 - Amends the Foreign Intelligence Surveillance Act of 1978, with respect to the appointment of judges to the court established by such Act (FISA Court), to: (1) increase from 11 to 13 the number of FISA Court judges, with one judge designated from each judicial circuit; (2) authorize a chief judge of a judicial circuit to submit to the Chief Justice of the United States the name of a district judge within such circuit to fill a FISA Court vacancy; (3) allow the Chief Justice to accept the proposed replacement judge or reject such replacement and request two additional names; (4) require the Chief Justice to fill the vacancy with one of the two additional named judges; and (5) require any judge appointed to the Foreign Intelligence Surveillance Court of Review by the Chief Justice to be confirmed by five Associate Justices. Directs the Committee on Intercircuit Assignments of the Judicial Conference of the United States to study and report on how to ensure that judges appointed to the FISA Court and the FISA Court of Review are diverse and representative. | {"src": "billsum_train", "title": "FISA Judge Selection Reform Act of 2013"} | 1,332 | 236 | 0.656266 | 1.889523 | 0.912123 | 2.828571 | 5.42381 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sacramento-San Joaquin Delta
National Heritage Area Establishment Act''.
SEC. 2. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA.
(a) Definitions.--In this section:
(1) Heritage area.--The term ``Heritage Area'' means the
Sacramento-San Joaquin Delta Heritage Area established by this
section.
(2) Heritage area management plan.--The term ``Heritage
Area management plan'' means the plan developed and adopted by
the management entity under this section.
(3) Management entity.--The term ``management entity''
means the management entity for the Heritage Area designated by
subsection (b)(4).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Sacramento-San Joaquin Delta Heritage Area.--
(1) Establishment.--There is established the ``Sacramento-
San Joaquin Delta Heritage Area'' in the State of California.
(2) Boundaries.--The boundaries of the Heritage Area shall
be in the counties of Contra Costa, Sacramento, San Joaquin,
Solano, and Yolo in the State of California, as generally
depicted on the map entitled ``Sacramento-San Joaquin Delta
National Heritage Area Proposed Boundary'', numbered T27/
105,030, and dated September 2010.
(3) Availability of map.--The map described in paragraph
(2) shall be on file and available for public inspection in the
appropriate offices of the National Park Service and the Delta
Protection Commission.
(4) Management entity.--The management entity for the
Heritage Area shall be the Delta Protection Commission
established by section 29735 of the California Public Resources
Code.
(5) Administration; management plan.--
(A) Administration.--For purposes of carrying out
the Heritage Area management plan, the Secretary,
acting through the management entity, may use amounts
made available under this section in accordance with
section 8001(c) of the Omnibus Public Land Management
Act of 2009 (Public Law 111-11; 123 Stat. 991).
(B) Management plan.--
(i) In general.--Subject to clause (ii),
the management entity shall submit to the
Secretary for approval a proposed management
plan for the Heritage Area in accordance with
section 8001(d) of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123
Stat. 991).
(ii) Restrictions.--The Heritage Area
management plan submitted under this paragraph
shall--
(I) ensure participation by
appropriate Federal, State, tribal, and
local agencies, including the Delta
Stewardship Council, special districts,
natural and historical resource
protection and agricultural
organizations, educational
institutions, businesses, recreational
organizations, community residents, and
private property owners; and
(II) not be approved until the
Secretary has received certification
from the Delta Protection Commission
that the Delta Stewardship Council has
reviewed the Heritage Area management
plan for consistency with the plan
adopted by the Delta Stewardship
Council pursuant to State law.
(6) Relationship to other federal agencies; private
property.--
(A) Relationship to other federal agencies.--The
provisions of section 8001(e) of the Omnibus Public
Land Management Act of 2009 (Public Law 111-11; 123
Stat. 991) shall apply to the Heritage Area.
(B) Private property.--
(i) In general.--Subject to clause (ii),
the provisions of section 8001(f) of the
Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 991) shall apply
to the Heritage Area.
(ii) Opt out.--An owner of private property
within the Heritage Area may opt out of
participating in any plan, project, program, or
activity carried out within the Heritage Area
under this section, if the property owner
provides written notice to the management
entity.
(7) Evaluation; report.--The provisions of section 8001(g)
of the Omnibus Public Land Management Act of 2009 (Public Law
111-11; 123 Stat. 991) shall apply to the Heritage Area.
(8) Effect of designation.--Nothing in this section--
(A) precludes the management entity from using
Federal funds made available under other laws for the
purposes for which those funds were authorized; or
(B) affects any water rights or contracts.
(9) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to carry out this section $20,000,000, of
which not more than $2,000,000 may be made available
for any fiscal year.
(B) Cost-sharing requirement.--The Federal share of
the total cost of any activity under this section shall
be determined by the Secretary, but shall be not more
than 50 percent.
(C) Non-federal share.--The non-Federal share of
the total cost of any activity under this section may
be in the form of--
(i) in-kind contributions of goods or
services; or
(ii) State or local government fees, taxes,
or assessments.
(10) Termination of authority.--If a proposed management
plan has not been submitted to the Secretary by the date that
is 5 years after the date of enactment of this title, the
Heritage Area designation shall be rescinded. | Sacramento-San Joaquin Delta National Heritage Area Establishment Act - Establishes the Sacramento-San Joaquin Delta National Heritage Area in California.
Designates the Delta Protection Commission as the management entity for the Heritage Area.
Requires the Commission to submit a proposed management plan for the Heritage Area to the Secretary of the Interior for approval.
Bars approval of the management plan until the Secretary has received certification from the Commission that the Delta Stewardship Council has reviewed such plan for consistency with the plan adopted by the Council pursuant to state law. | {"src": "billsum_train", "title": "A bill to establish the Sacramento-San Joaquin Delta National Heritage Area."} | 1,197 | 120 | 0.659145 | 1.630549 | 0.528323 | 4.118812 | 10.514851 | 0.950495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Safe Act of 2017''.
SEC. 2. IMMUNITY.
(a) Definitions.--In this Act--
(1) the term ``Bank Secrecy Act officer'' means an
individual responsible for ensuring compliance with the
requirements mandated by subchapter II of chapter 53 of title
31, United States Code (commonly known as the ``Bank Secrecy
Act'');
(2) the term ``broker-dealer'' means a broker and a dealer,
as those terms are defined in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a));
(3) the term ``covered agency'' means--
(A) a State financial regulatory agency, including
a State securities or law enforcement authority and a
State insurance regulator;
(B) each of the entities represented in the
membership of the Federal Financial Institutions
Examination Council established under section 1004 of
the Federal Financial Institutions Examination Council
Act of 1978 (12 U.S.C. 3303);
(C) the Securities and Exchange Commission;
(D) a securities association registered under
section 15A of the Securities Exchange Act of 1934 (15
U.S.C. 78o-3);
(E) a law enforcement agency; and
(F) a State or local agency responsible for
administering adult protective service laws;
(4) the term ``covered financial institution'' means--
(A) a credit union;
(B) a depository institution;
(C) an investment adviser;
(D) a broker-dealer;
(E) an insurance company;
(F) an insurance agency; and
(G) a transfer agent;
(5) the term ``credit union'' has the meaning given the
term in section 2 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301);
(6) the term ``depository institution'' has the meaning
given the term in section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(7) the term ``exploitation'' means the fraudulent or
otherwise illegal, unauthorized, or improper act or process of
an individual, including a caregiver or a fiduciary, that--
(A) uses the resources of a senior citizen for
monetary or personal benefit, profit, or gain; or
(B) results in depriving a senior citizen of
rightful access to or use of benefits, resources,
belongings, or assets;
(8) the term ``insurance agency'' means any business entity
that sells, solicits, or negotiates insurance coverage;
(9) the term ``insurance company'' has the meaning given
the term in section 2(a) of the Investment Company Act of 1940
(15 U.S.C. 80a-2(a));
(10) the term ``insurance producer'' means an individual
who is required under State law to be licensed in order to
sell, solicit, or negotiate insurance coverage;
(11) the term ``investment adviser'' has the meaning given
the term in section 202(a) of the Investment Advisers Act of
1940 (15 U.S.C. 80b-2(a));
(12) the term ``investment adviser representative'' means
an individual who--
(A) is employed by or associated with an investment
adviser; and
(B) does not perform solely clerical or ministerial
acts;
(13) the term ``registered representative'' means an
individual who represents a broker-dealer in effecting or
attempting to effect a purchase or sale of securities;
(14) the term ``senior citizen'' means an individual who is
not younger than 65 years of age;
(15) the term ``State'' means each of the several States,
the District of Columbia, and any territory or possession of
the United States;
(16) the term ``State insurance regulator'' has the meaning
given the term in section 315 of the Gramm-Leach-Bliley Act (15
U.S.C. 6735);
(17) the term ``State securities or law enforcement
authority'' has the meaning given the term in section 24(f)(4)
of the Securities Exchange Act of 1934 (15 U.S.C. 78x(f)(4));
and
(18) the term ``transfer agent'' has the meaning given the
term in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(b) Immunity From Suit.--
(1) Immunity for individuals.--An individual who has
received the training described in section 3 shall not be
liable, including in any civil or administrative proceeding,
for disclosing the suspected exploitation of a senior citizen
to a covered agency if the individual, at the time of the
disclosure--
(A) served as a supervisor or compliance officer
(including as a Bank Secrecy Act officer) for, or, in
the case of a registered representative, investment
adviser representative, or insurance producer, was
affiliated or associated with, a covered financial
institution; and
(B) made the disclosure--
(i) in good faith; and
(ii) with reasonable care.
(2) Immunity for covered financial institutions.--A covered
financial institution shall not be liable, including in any
civil or administrative proceeding, for a disclosure made by an
individual described in paragraph (1) if--
(A) the individual was employed by, or, in the case
of a registered representative, insurance producer, or
investment adviser representative, affiliated or
associated with, the covered financial institution at
the time of the disclosure; and
(B) before the time of the disclosure, each
individual described in section 3(a) received the
training described in section 3.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall be construed to limit the liability of an individual or a
covered financial institution in a civil action for any act,
omission, or fraud that is not a disclosure described in
paragraph (1).
SEC. 3. TRAINING.
(a) In General.--A covered financial institution or a third party
selected by a covered financial institution may provide the training
described in subsection (b)(1) to each officer or employee of, or
registered representative, insurance producer, or investment adviser
representative affiliated or associated with, the covered financial
institution who--
(1) is described in section 2(b)(1)(A);
(2) may come into contact with a senior citizen as a
regular part of the professional duties of the individual; or
(3) may review or approve the financial documents, records,
or transactions of a senior citizen in connection with
providing financial services to a senior citizen.
(b) Content.--
(1) In general.--The content of the training that a covered
financial institution or a third party selected by the covered
financial institution may provide under subsection (a) shall--
(A) be maintained by the covered financial
institution and made available to a covered agency with
examination authority over the covered financial
institution, upon request, except that a covered
financial institution shall not be required to maintain
or make available such content with respect to any
individual who is no longer employed by or affiliated
or associated with the covered financial institution;
(B) instruct any individual attending the training
on how to identify and report the suspected
exploitation of a senior citizen internally and, as
appropriate, to government officials or law enforcement
authorities, including common signs that indicate the
financial exploitation of a senior citizen;
(C) discuss the need to protect the privacy and
respect the integrity of each individual customer of
the covered financial institution; and
(D) be appropriate to the job responsibilities of
the individual attending the training.
(2) Timing.--The training under subsection (a) shall be
provided--
(A) as soon as reasonably practicable; and
(B) with respect to an individual who begins
employment with or becomes affiliated or associated
with a covered financial institution after the date of
enactment of this Act, not later than 1 year after the
individual becomes employed by or affiliated or
associated with the covered financial institution in a
position described in paragraph (1), (2), or (3) of
subsection (a).
(3) Records.--A covered financial institution shall--
(A) maintain a record of each individual who--
(i) is employed by or affiliated or
associated with the covered financial
institution in a position described in
paragraph (1), (2), or (3) of subsection (a);
and
(ii) has completed the training under
subsection (a), regardless of whether the
training was--
(I) provided by the covered
financial institution or a third party
selected by the covered financial
institution;
(II) completed before the
individual was employed by or
affiliated or associated with the
covered financial institution; and
(III) completed before, on, or
after the date of enactment of this
Act; and
(B) upon request, provide a record described in
subparagraph (A) to a covered agency with examination
authority over the covered financial institution.
SEC. 4. RELATIONSHIP TO STATE LAW.
Nothing in this Act shall be construed to preempt or limit any
provision of State law, except only to the extent that section 2
provides a greater level of protection against liability to an
individual described in section 2(b)(1) or to a covered financial
institution described in section 2(b)(2) than is provided under State
law. | . Senior Safe Act of 2017 (Sec. 2) This bill extends immunity from liability to certain individuals who, in good faith and with reasonable care, disclose the suspected exploitation of a senior citizen to a regulatory or law-enforcement agency. Specifically, this immunity shall apply to certain credit-union, depository-institution, investment-adviser, broker-dealer, transfer-agency, insurance-company, and insurance-agency employees who have received specified training related to identifying and reporting the suspected exploitation of a senior citizen. Similarly, the employing financial institution shall not be liable with respect to disclosures made by such employees. (Sec. 3) The bill allows financial institutions and third-party entities to offer training related to the suspected financial exploitation of a senior citizen to specified employees. The bill provides guidance regarding the content, timing, and record-maintenance requirements of such training. | {"src": "billsum_train", "title": "Senior Safe Act of 2017"} | 2,058 | 285 | 0.492987 | 1.486979 | 0.655127 | 1.993671 | 12.424051 | 0.791139 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Independent Health
Insurance Advisors Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Licensed independent insurance producers (agents and
brokers) provide a wide range of services for both individual
consumers and the business community. Producers interface with
insurers, acquire quotes, analyze plan options, and consult
clients through the purchase of health insurance.
(2) Licensed independent insurance producers provide
guidance regarding benefit and contribution arrangements to
ensure compliance with applicable State and Federal laws and
regulations; assist with establishing section 125 plan tax
savings under the Internal Revenue Code, health reimbursement
arrangements, flexible spending arrangements, evaluating and
securing small business tax credits as provided in the Patient
Protection and Affordable Care Act, and other programs to
maximize tax advantages and ensure compliance with applicable
Internal Revenue Service guidelines; create educational
materials and provide on-site assistance to aid in employee
benefit communication; assist in managing eligibility for new
hires and terminated employees; provide advocacy for employees
through the health insurance claim process; and advocate for
employers with insurers in developing proposals, renewals, and
for service issues throughout the year.
(3) In order to meet these responsibilities, licensed
independent insurance producers are required to complete
continuing education on an ongoing basis in order to maintain
appropriate licenses. This requirement to maintain educational
standards helps assure the insured public that producers remain
current with the ever-evolving insurance market.
(4) It is essential that licensed independent insurance
producers continue to perform these duties, and others, as the
Patient Protection and Affordable Care Act has made significant
changes to the regulatory environment for health plans. To
understand these changes, employers and consumers will need
professional guidance even more in the future. This service is
especially important for small businesses, as such producers
often fill the role of a human resources department as well as
professional consultant.
(5) The National Association of Insurance Commissioners
(NAIC), whose core mission is to protect consumers in all
aspects of the business of insurance, strongly advocates for
the continuing role of licensed independent insurance producers
in health insurance, and has expressed that the ability of
insurance agents and brokers to continue assisting health
insurance consumers at a time of rapid insurance market changes
is more essential than ever. On November 22, 2011, the NAIC
adopted a resolution stating that ``Congress should
expeditiously consider legislation amending the MLR provisions
of the PPACA in order to preserve consumer access to agents and
brokers''.
(6) It is critical that the indispensable role played by
licensed independent insurance producers is recognized and
protected.
SEC. 3. PROTECTING THE ABILITY OF LICENSED INDEPENDENT INSURANCE
PRODUCERS TO CONTINUE TO SERVE THE PUBLIC.
(a) In General.--Section 2718 of the Public Health Service Act (42
U.S.C. 300gg-18), as inserted by section 1001 and amended by section
10101(f) of the Patient Protection and Affordable Care Act (Public Law
110-148), is amended--
(1) in subsection (a)(3), by inserting ``, remuneration
paid for licensed independent insurance producers,'' after
``State taxes''; and
(2) in subsection (b)(1)--
(A) in the matter preceding clause (i) of
subparagraph (A), by inserting ``, remuneration paid
for licensed independent insurance producers in the
individual and small group market,'' after ``State
taxes''; and
(B) in subparagraph (B)(i)(II), by inserting ``,
remuneration paid for licensed independent insurance
producers in the individual and small group market,''
after ``State taxes''; and
(3) by adding at the end the following:
``(f) Independent Insurance Producer Remuneration Definitions.--For
purposes of this section:
``(1) The term `independent insurance producer' means an
insurance agent or broker, insurance consultant, benefit
specialist, limited insurance representative, and any other
person required to be licensed under the laws of the particular
State to sell, solicit, negotiate, service, effect, procure,
renew or bind policies of insurance coverage or offer advice,
counsel, opinions, or services related to insurance.
``(2) The term `remuneration' means compensation paid by or
accrued from an insurance issuer or health plan for services
rendered under contractual agreement which may include fees,
commissions, or rebates, but which shall not include production
bonuses.''.
(b) Regulations.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
amend any applicable regulations as necessary to implement the
amendments made by subsection (a). | Access to Independent Health Insurance Advisors Act of 2012 - Amends the Public Health Service Act to exclude remuneration paid for licensed independent insurance producers from administrative cost calculations for purposes of calculating the medical-loss ratio of a health insurance plan.
Defines "independent insurance producer" to mean an insurance agent or broker, insurance consultant, benefit specialist, limited insurance representative, and any other person required to be licensed under the laws of the particular state to sell, solicit, negotiate, service, effect, procure, renew, or bind policies of insurance coverage or offer advice, counsel, opinions, or services related to insurance. | {"src": "billsum_train", "title": "A bill to amend title XXVII of the Public Health Service Act to preserve consumer and employer access to licensed independent insurance producers."} | 1,021 | 135 | 0.459705 | 1.399332 | 0.62258 | 6.621849 | 8.218487 | 0.890756 |
SECTION 1. CLASS SIZE REDUCTION.
Title VI of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7301 et seq.) is amended by adding at the end the following:
``PART E--CLASS SIZE REDUCTION
``SEC. 6601. SHORT TITLE.
``This part may be cited as the `Class Size Reduction and Teacher
Quality Act of 1999'.
``SEC. 6602. FINDINGS.
``Congress finds as follows:
``(1) Rigorous research has shown that students attending
small classes in the early grades make more rapid educational
progress than students in larger classes, and that these
achievement gains persist through at least the elementary
grades.
``(2) The benefits of smaller classes are greatest for
lower achieving, minority, poor, and inner-city children. One
study found that urban fourth-graders in smaller-than-average
classes were \3/4\ of a school year ahead of their counterparts
in larger-than-average classes.
``(3) Teachers in small classes can provide students with
more individualized attention, spend more time on instruction
and less on other tasks, cover more material effectively, and
are better able to work with parents to further their
children's education.
``(4) Smaller classes allow teachers to identify and work
more effectively with students who have learning disabilities
and, potentially, can reduce those students' need for special
education services in the later grades.
``(5) Students in smaller classes are able to become more
actively engaged in learning than their peers in large classes.
``(6) Efforts to improve educational achievement by
reducing class sizes in the early grades are likely to be more
successful if--
``(A) well-prepared teachers are hired and
appropriately assigned to fill additional classroom
positions; and
``(B) teachers receive intensive, continuing
training in working effectively in smaller classroom
settings.
``(7) Several States have begun a serious effort to reduce
class sizes in the early elementary grades, but these actions
may be impeded by financial limitations or difficulties in
hiring well-prepared teachers.
``(8) The Federal Government can assist in this effort by
providing funding for class-size reductions in grades 1 through
3, and by helping to ensure that the new teachers brought into
the classroom are well prepared.
``SEC. 6603. PURPOSE.
``The purpose of this part is to help States and local educational
agencies recruit, train, and hire 100,000 additional teachers over a 7-
year period in order to--
``(1) reduce class sizes nationally, in grades 1 through 3,
to an average of 18 students per classroom; and
``(2) improve teaching in the early grades so that all
students can learn to read independently and well by the end of
the third grade.
``SEC. 6604. PROGRAM AUTHORIZED.
``(a) Authorization of Appropriations.--For the purpose of carrying
out this part, there are authorized to be appropriated, $1,400,000,000
for fiscal year 2000, $1,500,000,000 for fiscal year 2001,
$1,700,000,000 for fiscal year 2002, $1,735,000,000 for fiscal year
2003, $2,300,000,000 for fiscal year 2004, and $2,800,000,000 for
fiscal year 2005.
``(b) Allotments.--
``(1) In general.--From the amount appropriated under
subsection (a) for a fiscal year the Secretary--
``(A) shall make a total of 1 percent available to
the Secretary of the Interior (on behalf of the Bureau
of Indian Affairs) and the outlying areas for
activities that meet the purpose of this part; and
``(B) shall allot to each State the same percentage
of the remaining funds as the percentage it received of
funds allocated to States for the previous fiscal year
under section 1122 or section 2202(b), whichever
percentage is greater, except that such allotments
shall be ratably decreased as necessary.
``(2) Definition of state.--In this part the term ``State''
means each of the several States of the United States, the
District of Columbia and the Commonwealth of Puerto Rico.
``(3) State-level expenses.--Each State may use not more
than a total of \1/2\ of 1 percent of the amount the State
receives under this part, or $50,000, whichever is greater, for
a fiscal year, for the administrative costs of the State
educational agency.
``(c) Within State Distribution.--
``(1) In general.--Each State that receives an allotment
under this section shall distribute the amount of the allotted
funds that remain after using funds in accordance with
subsection (b)(3) to local educational agencies in the State,
of which--
``(A) 80 percent of such remainder shall be
allocated to such local educational agencies in
proportion to the number of children, aged 5 to 17, who
reside in the school district served by such local
educational agency and are from families with incomes
below the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) applicable
to a family of the size involved) for the most recent
fiscal year for which satisfactory data is available
compared to the number of such individuals who reside
in the school districts served by all the local
educational agencies in the State for that fiscal year,
except that a State may adjust such data, or use
alternative child-poverty data, to carry out this
subparagraph if the State demonstrates to the
Secretary's satisfaction that such adjusted or
alternative data more accurately reflects the relative
incidence of children living in poverty within local
educational agencies in the State; and
``(B) 20 percent of such remainder shall be
allocated to such local educational agencies in
accordance with the relative enrollments of children,
aged 5 to 17, in public and private nonprofit
elementary schools and secondary schools in the school
districts within the boundaries of such agencies.
``(2) Award rule.--Notwithstanding paragraph (1), if the
award to a local educational agency under this section is less
than the starting salary for a new teacher in that agency, the
State shall not make the award unless--
``(A) the local educational agency agrees to form a
consortium with not less than 1 other local educational
agency for the purpose of reducing class size; or
``(B) the local educational agency agrees to
supplement the award with non-Federal funds sufficient
to pay the cost of hiring a teacher.
``SEC. 6605. USE OF FUNDS.
``(a) In General.--Each local educational agency that receives
funds under this part shall use such funds to carry out effective
approaches to reducing class size with highly qualified teachers to
improve educational achievement for both regular and special-needs
children, with particular consideration given to reducing class size in
the early elementary grades for which some research has shown class
size reduction is most effective.
``(b) Class Reduction.--
``(1) In general.--Each such local educational agency may
pursue the goal of reducing class size through--
``(A) recruiting, hiring, and training certified
regular and special education teachers and teachers of
special-needs children, including teachers certified
through State and local alternative routes;
``(B) testing new teachers for academic content
knowledge, and to meet State certification requirements
that are consistent with title II of the Higher
Education Act of 1965; and
``(C) providing professional development to
teachers, including special education teachers and
teachers of special-needs children, consistent with
title II of the Higher Education Act of 1965.
``(2) Restriction.--A local educational agency may use not
more than a total of 15 percent of the funds received under
this part for each of the fiscal years 2000 through 2003 to
carry out activities described in subparagraphs (B) and (C) of
paragraph (1), and may not use any funds received under this
part for fiscal year 2004 or 2005 for those activities.
``(3) Special rule.--A local educational agency that has
already reduced class size in the early grades to 18 or fewer
children may use funds received under this part--
``(A) to make further class-size reductions in
grades 1 through 3;
``(B) to reduce class size in kindergarten or other
grades; or
``(C) to carry out activities to improve teacher
quality, including professional development activities.
``(c) Supplement Not Supplant.--A local educational agency shall
use funds under this part only to supplement, and not to supplant,
State and local funds that, in the absence of such funds, would
otherwise be spent for activities under this part.
``(d) Prohibition.--No funds made available under this part may be
used to increase the salaries of or provide benefits to (other than
participation in professional development and enrichment programs)
teachers who are, or have been, employed by the local educational
agency.
``(e) Professional Development.--If a local educational agency uses
funds made available under this part for professional development
activities, the agency shall ensure the equitable participation of
private nonprofit elementary and secondary schools in such activities.
Section 6402 shall not apply to other activities under this section.
``(f) Administrative Expenses.--A local educational agency that
receives funds under this part may use not more than 3 percent of such
funds for local administrative expenses.
``SEC. 6606. COST-SHARING REQUIREMENT.
``(a) Federal Share.--The Federal share of the cost of activities
carried out under this part--
``(1) may be up to 100 percent in local educational
agencies with child-poverty levels of 50 percent or greater;
and
``(2) shall be no more than 65 percent for local
educational agencies with child-poverty rates of less than 50
percent.
``(b) Local Share.--A local educational agency shall provide the
non-Federal share of a project under this part through cash
expenditures from non-Federal sources, except that if an agency has
allocated funds under section 1113(c) to one or more schoolwide
programs under section 1114, it may use those funds for the non-Federal
share of activities under this program that benefit those schoolwide
programs, to the extent consistent with section 1120A(c) and
notwithstanding section 1114(a)(3)(B).
``SEC. 6607. REQUEST FOR FUNDS.
``Each local educational agency that desires to receive funds under
this part shall include in the application submitted under section 6303
a description of the agency's program under this part to reduce class
size by hiring additional highly qualified teachers.
``SEC. 6608. REPORTS.
``(a) State.--Each State receiving funds under this part shall
report on activities in the State under this section, consistent with
section 6202(a)(2).
``(b) School.--Each school receiving assistance under this part, or
the local educational agency serving that school, shall produce an
annual report to parents, the general public, and the State educational
agency, in easily understandable language, regarding student
achievement that is a result of hiring additional highly qualified
teachers and reducing class size.''. | Class Size Reduction and Teacher Quality Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 to establish a grants program to help States and local educational agencies recruit, train, and hire 100,000 additional teachers over a seven-year period in order to: (1) reduce class sizes nationally, in grades one through three, to an average of 18 students per classroom; and (2) improve teaching in the early grades so that all students can learn to read independently and well by the end of the third grade.
Authorizes appropriations.
Sets forth program requirements for: (1) allotments to States; (2) within-State allocations; (3) local uses of funds; and (4) cost-sharing. | {"src": "billsum_train", "title": "Class Size Reduction and Teacher Quality Act of 1999"} | 2,453 | 148 | 0.461674 | 1.28601 | 0.723907 | 6.069444 | 16.277778 | 0.930556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Attention To Nutrition (EATN)
Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) heart disease, cancer, stroke, and diabetes are
responsible for \2/3\ of deaths in the United States;
(2) the major risk factors for those diseases and
conditions are established in childhood through unhealthy
eating habits, physical inactivity, obesity, and tobacco use;
(3) obesity rates have doubled in children and tripled in
adolescents over the last 2 decades;
(4) today, 1 in 7 young people are obese, and 1 in 3 are
overweight;
(5) obese children are twice as likely as nonobese children
to become obese adults;
(6) an overweight condition and obesity can result in
physical, psychological, and social consequences, including
heart disease, diabetes, cancer, depression, decreased self-
esteem, and discrimination;
(7) only 2 percent of children consume a diet that meets
the 5 main recommendations for a healthy diet from the Food
Guide Pyramid published by the Secretary of Agriculture;
(8) 3 out of 4 high school students in the United States do
not eat the recommended 5 or more servings of fruits and
vegetables each day; and
(9) 3 out of 4 children in the United States consume more
saturated fat than is recommended in the Dietary Guidelines for
Americans published by the Secretary of Agriculture.
SEC. 3. TEAM NUTRITION NETWORK GRANTS.
Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) is
amended to read as follows:
``SEC. 19. TEAM NUTRITION NETWORK GRANTS.
``(a) Purposes.--The purposes of this section are--
``(1) to promote the nutritional health of school children
through nutrition education and other activities that support
healthy lifestyles for children;
``(2) to provide grants to States for the development of
statewide, comprehensive, and integrated nutrition education
programs; and
``(3) to provide training and technical assistance to
States, school and community nutrition programs, and child
nutrition food service professionals.
``(b) Definition of Team Nutrition Network.--In this section, the
term `team nutrition network' means a multidisciplinary program to
promote healthy eating to children based on scientifically valid
information and sound educational, social, and marketing principles.
``(c) Grants.--The Secretary is authorized to make grants to State
educational agencies to promote the nutritional health of school
children through the establishment of team nutrition networks.
``(d) Allocation.--
``(1) In general.--Subject to paragraph (2) and subsections
(g) and (h), the Secretary shall allocate funds made available
for a fiscal year under subsection (i) to make grants to
eligible State educational agencies for a fiscal year in an
amount determined by the Secretary, based on the ratio that--
``(A) the number of lunches reimbursed through food
service programs under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.) in schools,
institutions, and service institutions in the State
that participate in the food service programs; bears to
``(B) the number of lunches reimbursed through the
food service programs in schools, institutions, and
service institutions in all States that participate in
the food service programs.
``(2) Minimum grant.--
``(A) In general.--The amount of a grant made to a
State educational agency for a fiscal year under this
section shall not be less than $500,000.
``(B) Insufficient funds.--If the amount made
available for any fiscal year is insufficient to pay
the amount to which each eligible State educational
agency is entitled under subparagraph (A), the
Secretary shall select, on a competitive basis,
eligible State educational agencies that will receive,
at least, the minimum amount of grants required under
subparagraph (A).
``(e) Eligibility.--To be eligible to receive a grant under this
section, a State educational agency shall submit a State plan to the
Secretary for approval, in such manner and at such time as the
Secretary determines, that includes information regarding how the grant
will be used in accordance with this section.
``(f) Uses of Grant.--Subject to subsection (g), a grant made under
this section may be used to--
``(1) instruct students with regard to the nutritional
value of foods and the relationship between food and human
health;
``(2) promote healthy eating by children;
``(3) provide assistance to schools in the adoption and
implementation of school policies that promote healthy eating;
``(4) foster community environments that support healthy
eating and physical activities;
``(5) provide training and technical assistance to teachers
and school food service professionals consistent with this
section;
``(6) evaluate State and local nutrition education
programs;
``(7) disseminate educational materials statewide through
the use of the Internet, mailings, conferences, and other
communication channels;
``(8) provide subgrants to school and school food
authorities for carrying out nutrition education activities at
the local level; and
``(9) conduct programs and education for parents and
caregivers regarding healthy eating for children.
``(g) State Coordinators.--
``(1) In general.--The Secretary shall ensure that at least
10 percent of a grant made to a State educational agency for
each fiscal year is used by the State educational agency to
appoint a team nutrition network coordinator for the State.
``(2) Role of state coordinators.--A team nutrition network
coordinator for a State shall--
``(A) develop and administer the team nutrition
network in the State; and
``(B) coordinate the team nutrition network of the
State with--
``(i) the Secretary (acting through the
Food and Nutrition Service);
``(ii) State agencies responsible for
children's health programs (including school-
based children's health programs); and
``(iii) other appropriate Federal, State,
and local agencies.
``(h) National Activities.--
``(1) In general.--The Secretary shall reserve 20 percent
of the amount of funds made available for each fiscal year
under subsection (i) to promote team nutrition networks
nationally in accordance with this subsection.
``(2) Activities.--Of the amount of funds that are reserved
for a fiscal year under this section, the Secretary shall use--
``(A) 50 percent of the reserved funds for--
``(i) evaluation of activities funded under
this section; and
``(ii) development of a clearinghouse for
collecting and disseminating information on
best practices for promoting healthy eating in
school and community child nutrition programs;
and
``(B) 50 percent of the reserved funds to carry out
national activities to support team nutrition networks
through the Secretary, acting through the
Undersecretary of Food and Nutrition Services.
``(i) Funding.--
``(1) In general.--On October 1, 2004, and on each October
1 thereafter through October 1, 2007, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary of Agriculture to
carry out this section $50,000,000, to remain available until
expended.
``(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.''. | Early Attention to Nutrition (EATN) Act of 2004 - Amends the Child Nutrition Act of 1966 to establish multidisciplinary team nutrition networks, through grants to State education agencies and national activities, to promote the nutritional health of school children. | {"src": "billsum_train", "title": "A bill to amend the Child Nutrition Act of 1966 to create team nutrition networks to promote the nutritional health of school children."} | 1,617 | 50 | 0.527753 | 1.313668 | 1.434039 | 4.022727 | 36.022727 | 0.931818 |
SECTION 1. CLARIFICATION OF PRIVATE RIGHT OF ACTION AGAINST TERRORIST
STATES; DAMAGES.
(a) Right of Action.--Section 1605 of title 28, United States Code,
is amended--
(1) in subsection (f), in the first sentence, by inserting
``or (h)'' after ``subsection (a)(7)''; and
(2) by adding at the end the following:
``(h) Certain Actions Against Foreign States or Officials,
Employees, or Agents of Foreign States.--
``(1) Cause of action.--
``(A) Cause of action.--A foreign state designated
as a state sponsor of terrorism under section 6(j) of
the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)) or section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371), or an official, employee, or
agent of such a foreign state, shall be liable to a
national of the United States (as that term is defined
in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)) or the
national's legal representative for personal injury or
death caused by an act of that foreign state, or by
that official, employee, or agent while acting within
the scope of his or her office, employment, or agency,
for which the courts of the United States may maintain
jurisdiction under subsection (a)(7) for money damages.
The removal of a foreign state from designation as a
state sponsor of terrorism under section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371), or other provision of law shall
not terminate a cause of action arising under this
subparagraph during the period of such designation.
``(B) Discovery.--The provisions of subsection (g)
apply to actions brought under subparagraph (A).
``(C) Nationality of claimant.--No action shall be
maintained under subparagraph (A) arising from an act
of a foreign state or an official, employee, or agent
of a foreign state if neither the claimant nor the
victim was a national of the United States (as that
term is defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22))
when such acts occurred.
``(2) Damages.--In an action brought under paragraph (1)
against a foreign state or an official, employee, or agent of a
foreign state, the foreign state, official, employee, or agent,
as the case may be, may be held liable for money damages in
such action, which may include economic damages, damages for
pain and suffering, or, notwithstanding section 1606, punitive
damages. In all actions brought under paragraph (1), a foreign
state shall be vicariously liable for the actions of its
officials, employees, or agents.
``(3) Appeals.--An appeal in the courts of the United
States in an action brought under paragraph (1) may be made--
``(A) only from a final decision under section 1291
of this title, and then only if filed with the clerk of
the district court within 30 days after the entry of
such final decision; and
``(B) in the case of an appeal from an order
denying the immunity of a foreign state, a political
subdivision thereof, or an agency of instrumentality of
a foreign state, only if filed under section 1292 of
this title.''.
(b) Conforming Amendment.--Section 589 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1997, as
contained in section 101(a) of division A of Public Law 104-208 (110
Stat. 3009-172; 28 U.S.C. 1605 note), is repealed.
SEC. 2. PROPERTY SUBJECT TO ATTACHMENT EXECUTION.
Section 1610 of title 28, United States Code, is amended by adding
at the end the following:
``(g) Property Interests in Certain Actions.--
``(1) In general.--A property interest of a foreign state,
or agency or instrumentality of a foreign state, against which
a judgment is entered under subsection (a)(7) or (h) of section
1605, including a property interest that is a separate
juridical entity, is subject to execution upon that judgment as
provided in this section, regardless of--
``(A) the level of economic control over the
property interest by the government of the foreign
state;
``(B) whether the profits of the property interest
go to that government;
``(C) the degree to which officials of that
government manage the property interest or otherwise
control its daily affairs;
``(D) whether that government is the real
beneficiary of the conduct of the property interest; or
``(E) whether establishing the property interest as
a separate entity would entitle the foreign state to
benefits in United States courts while avoiding its
obligations.
``(2) United states sovereign immunity inapplicable.--Any
property interest of a foreign state, or agency or
instrumentality of a foreign state, to which paragraph (1)
applies shall not be immune from execution upon a judgment
entered under subsection (a)(7) or (h) of section 1605 because
the property interest is regulated by the United States
Government by reason of action taken against that foreign state
under the Trading With the Enemy Act or the International
Emergency Economic Powers Act.''.
SEC. 3. APPOINTMENT OF SPECIAL MASTERS.
(a) Victims of Crime Act.--Section 1404C(a)(3) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603c(a)(3)) is amended by striking
``December 21, 1988, with respect to which an investigation or'' and
inserting ``October 23, 1983, with respect to which an investigation or
a civil or criminal''.
(b) Justice for Marines.--The Attorney General shall transfer, from
funds available for the program under sections 1404C of the Victims of
Crime Act of 1984 (42 U.S.C. 10603c), to the Administrator of the
United States District Court for the District of Columbia such funds as
may be required to carry out the orders of United States District Judge
Royce C. Lamberth appointing Special Masters in the matter of Peterson,
et al. v. The Islamic Republic of Iran, Case No. 01CV02094 (RCL).
SEC. 4. LIS PENDENS.
(a) Liens.--In every action filed in a United States district court
in which jurisdiction is alleged under subsection (a)(7) or (h) of
section 1605 of title 28, United States Code, the filing of a notice of
pending action pursuant to such subsection, to which is attached a copy
of the complaint filed in the action, shall have the effect of
establishing a lien of lis pendens upon any real property or tangible
personal property located within that judicial district that is titled
in the name of any defendant, or titled in the name of any entity
controlled by any such defendant if such notice contains a statement
listing those controlled entities. A notice of pending action pursuant
to subsection (a)(7) or (h) of section 1605 of title 28, United States
Code, shall be filed by the clerk of the district court in the same
manner as any pending action and shall be indexed by listing as
defendants all named defendants and all entities listed as controlled
by any defendant.
(b) Enforcement.--Liens established by reason of subsection (a)
shall be enforceable as provided in chapter 111 of title 28, United
States Code.
SEC. 5. APPLICABILITY.
(a) In General.--The amendments made by this Act apply to any claim
for which a foreign state is not immune under subsection (a)(7) or (h)
of section 1605 of title 28, United States Code, arising before, on, or
after the date of the enactment of this Act.
(b) Prior Causes of Action.--In the case of any action that--
(1) was brought in a timely manner but was dismissed before
the enactment of this Act for failure to state of cause of
action, and
(2) would be cognizable by reason of the amendments made by
this Act, the 10-year limitation period provided under section
1605(f) of title 28, United States Code, shall be tolled during
the period beginning on the date on which the action was first
brought and ending 60 days after the date of the enactment of
this Act. | Amends the Foreign Sovereign Immunities Act of 1976 (FSIA) to require that a foreign state designated as a state sponsor of terrorism under specified laws, or an official, employee, or agent of such a foreign state, shall be liable to a U.S. national for the national's personal injury or death caused by acts of that state or official, employee, or agent acting within the scope of his or her duties.
Provides that the removal of a foreign state from designation as a state sponsor of terrorism shall not terminate such a cause of action arising during the period of designation.
Authorizes U.S. courts to exercise jurisdiction over such actions for money damages under an FSIA provision concerning acts of torture, extrajudicial killing, aircraft sabotage, hostage taking, and material support for such acts. Mandates that property interests of foreign states, or agencies or instrumentalities of foreign states, against which judgment is entered pursuant to such provision are subject to attachment execution.
Requires foreign states to be held vicariously liable for the actions of their officials, employees, or agents.
Amends the Victims of Crime Act of 1984 (VCA) to modify the definition of "victim" for purposes of compensation under that Act. Requires the transfer of VCA funds to carry out an order appointing Special Masters in the matter of Peterson, et al. v. The Islamic Republic of Iran.
Revives previously dismissed causes of action that would be cognizable under this Act by retroactively tolling the applicable statute of limitations from the date of initial filing to 60 days after enactment of this Act. | {"src": "billsum_train", "title": "A bill to amend title 28, United States Code, to clarify that persons may bring private rights of actions against foreign states for certain terrorist acts, and for other purposes."} | 1,970 | 365 | 0.543362 | 1.88384 | 0.799181 | 3.569024 | 5.851852 | 0.835017 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asset-Building for Working Americans
Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) The existing resource limitations affecting eligibility
for benefits under the program of block grants to States for
Temporary Assistance for Needy Families, the Supplemental
Security Income program, the Medicaid program, and public
housing programs triggered by savings made through earned
income tax credits may encourage working families to make
unnecessary purchases in order to remain eligible for public
assistance rather than building the long-term assets required
for escaping poverty permanently, and may prevent low-income
working families from obtaining the temporary public assistance
needed while they build the assets required for escaping
poverty permanently;
(2) adjusting the resource limitations under such programs
to disregard savings made through earned income tax credits for
12 months will enable working families to make the necessary
savings to build long-term security through assets while still
obtaining temporary public assistance for living and raising
children in health and safety;
(3) 33 percent of all households in the United States, and
60 percent of African-American households, have no or negative
financial assets; and
(4) 46.9 percent of all children, including 40 percent of
Caucasian children and 75 percent of African-American children,
in the United States live in households with no financial
assets.
SEC. 3. 12-MONTH DISREGARD OF PAYMENTS OF EARNED INCOME TAX CREDIT
UNDER THE PROGRAM OF BLOCK GRANTS TO STATES FOR TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES.
(a) Requirement.--Section 408(a) of the Social Security Act (42
U.S.C. 608(a)) is amended by adding at the end the following:
``(12) 12-month disregard of eitc payments.--A State to which a
grant is made under section 403 of this Act shall, in determining the
eligibility of an individual for assistance, and the amount or type of
assistance to be provided to an individual, under the State program
funded under this part, disregard any refund of Federal income taxes
made to the individual by reason of section 32 of the Internal Revenue
Code of 1986 (relating to earned income tax credit), and any payment
made to the individual by an employer under section 3507 of such Code
(relating to advance payment of earned income credit), for a period
that begins with the month in which the refund or payment is received
and that is of a duration of not less than 12 months.''.
(b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is
amended by adding at the end the following:
``(15) Failure to disregard eitc payments for 12 months.--If the
Secretary determines that a State to which a grant is made under
section 403 for a fiscal year has violated section 408(a)(12) during
the fiscal year, the Secretary shall reduce the grant payable to the
State under section 403(a)(1) for the immediately succeeding fiscal
year by an amount equal to not more than 2 percent of the State family
assistance grant.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 4. 12-MONTH DISREGARD OF PAYMENTS OF EARNED INCOME TAX CREDIT
UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM.
(a) In General.--Section 1613(a)(11) of the Social Security Act (42
U.S.C. 1382b(a)(11)) is amended by striking ``for the month of receipt
and the following month'' and inserting ``for the 12-month period that
begins with the month of receipt''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits for months beginning on or after October 1, 1999.
SEC. 5. DISREGARD UNDER MEDICAID PROGRAM.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(17)--
(A) by striking ``and'' before ``(D)''; and
(B) by inserting before ``; and'' the following:
``, and (E) do not take into account for a period of 12
months refunds and advance payments described in
subsection (aa)'';
(2) in subsection (f), by striking ``subsection (e)'' and
inserting ``subsections (e) and (aa))''; and
(3) by adding at the end the following new subsection:
``(aa) Notwithstanding any other provision of this title, in
determining eligibility for, and the amount of, medical assistance
provided under this title, any refund of Federal income taxes made to
an individual by reason of section 32 of the Internal Revenue Code of
1986 (relating to earned income tax credit), and any payment made to
such an individual by an employer under section 3507 of such Code
(relating to advance payment of earned income credit) shall not be
taken into account as income or resources for a period of 12 months.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to eligibility determinations made on or after October 1, 1999.
SEC. 6. 12-MONTH DISREGARD OF PAYMENTS OF EARNED INCOME TAX CREDIT
UNDER PUBLIC HOUSING AND SECTION 8 RENTAL ASSISTANCE
PROGRAMS.
Section 3(b)(4) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(4)) is amended by adding at the end the following new
sentence: ``In determining the income of a household for purposes of
this paragraph, the Secretary shall disregard any refund of Federal
income taxes made to any member of the household by reason of section
32 of the Internal Revenue Code of 1986 (relating to earned income tax
credit), and any payment made to any member of the household by an
employer under section 3507 of such Code (relating to advance payment
of earned income credit), for the 12-month period that begins with the
month in which the refund or payment is received.''. | Asset-Building for Working Americans Act - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act (SSA), as well as SSA titles XVI (Supplemental Security Income) (SSI) and XIX (Medicaid), to require States to disregard for the following 12-month period any refunds or advance payments of the earned income tax credit (EITC) in determining eligibility for benefits under TANF, SSI, and Medicaid. Establishes up to a two percent reduction in the next fiscal year's grant to any State as a penalty for failure to disregard such payments.
Amends the United States Housing Act of 1937 to require a similar disregard for EITC payments under public housing and rental assistance programs. | {"src": "billsum_train", "title": "Asset-Building for Working Americans Act"} | 1,415 | 179 | 0.541388 | 1.48581 | 0.701992 | 2.282759 | 8.468966 | 0.834483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Estate Tax Reduction Act of 2007''.
SECTION 2. RESTORATION OF ESTATE TAX; REPEAL OF CARRYOVER BASIS.
(a) In General.--Subtitles A and E of title V of the Economic
Growth and Tax Relief Reconciliation Act of 2001, and the amendments
made by such subtitles, are hereby repealed; and the Internal Revenue
Code of 1986 shall be applied as if such subtitles, and amendments, had
never been enacted.
(b) Sunset Not To Apply.--
(1) Subsection (a) of section 901 of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by
striking ``this Act'' and all that follows and inserting ``this
Act (other than title V) shall not apply to taxable, plan, or
limitation years beginning after December 31, 2010.''.
(2) Subsection (b) of such section 901 is amended by
striking ``, estates, gifts, and transfers''.
(c) Conforming Amendments.--Subsections (d) and (e) of section 511
of the Economic Growth and Tax Relief Reconciliation Act of 2001, and
the amendments made by such subsections, are hereby repealed; and the
Internal Revenue Code of 1986 shall be applied as if such subsections,
and amendments, had never been enacted.
SEC. 3. 20 PERCENT REDUCTION IN ESTATE TAX RATES.
(a) In General.--Subsection (c) of section 2001 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(c) Rate Schedule.--
``If the amount with respect to The tentative tax is:
which the tentative tax is
to be computed is:
Not over $10,000...............
14.4% of such amount.
Over $10,000 but not over
$20,000.
$1,440, plus 16% of the excess
of such amount over
$10,000
Over $20,000 but not over
$40,000.
$3,040, plus 17.6% of the
excess of such amount
over $20,000
Over $40,000 but not over
$60,000.
$6,560, plus 19.2% of the
excess of such amount
over $40,000
Over $60,000 but not over
$80,000.
$10,400, plus 20.8% of the
excess of such amount
over $60,000
Over $80,000 but not over
$100,000.
$14,560, plus 22.4% of the
excess of such amount
over $80,000
Over $100,000 but not over
$150,000.
$19,040, plus 24% of the excess
of such amount over
$100,000
Over $150,000 but not over
$250,000.
$31,040, plus 25.6% of the
excess of such amount
over $150,000
Over $250,000 but not over
$500,000.
$56,640, plus 27.2% of the
excess of such amount
over $250,000
Over $500,000 but not over
$750,000.
$124,640, plus 29.6% of the
excess of such amount
over $500,000
Over $750,000 but not over
$1,000,000.
$198,640, plus 31.2% of the
excess of such amount
over $750,000
Over $1,000,000 but not over
$1,250,000.
$276,640, plus 32.8% of the
excess of such amount
over $1,000,000
Over $1,250,000 but not over
$1,500,000.
$358,640, plus 34.4% of the
excess of such amount
over $1,250,000
Over $1,500,000 but not over
$2,000,000.
$444,640, plus 36% of the
excess of such amount
over $1,500,000
Over $2,000,000................
$624,640, plus 39.2% of the
excess of such amount
over $2,000,000.''.
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying, and gifts made, after the date of the
enactment of this Act.
SEC. 4. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $3,000,000 EXCLUSION;
INFLATION ADJUSTMENT OF UNIFIED CREDIT.
(a) Increase in Unified Credit.--Subsection (c) of section 2010 of
the Internal Revenue Code of 1986 (relating to applicable credit
amount) is amended by striking all that follows ``were the applicable
exclusion amount'' and inserting ``. For purposes of the preceding
sentence, the applicable exclusion amount is $3,000,000.''
(b) Inflation Adjustment.--Section 2010 of such Code is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Cost-of-Living Adjustment.--In the case of any decedent
dying, and gift made, in a calendar year after 2007, the $3,000,000
amount set forth in subsection (c) shall be increased by an amount
equal to--
``(1) $3,000,000, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2006' for `calendar year 1992' in subparagraph
(B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the nearest
multiple of $10,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after the date of
the enactment of this Act. | Estate Tax Reduction Act of 2007 - Repeals provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 that eliminate the estate and generation-skipping transfer taxes and the basis rules for property acquired from a decedent after December 31, 2009 (thus restoring such taxes and rules).
Amends the Internal Revenue Code to: (1) reduce to 39.2% the maximum estate tax rate; (2) increase to $3 million the unified credit against the estate tax; and (3) provide for an inflation adjustment to the increased credit amount after 2007. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to restore the estate tax, to repeal the carryover basis rule, to reduce estate tax rates by 20 percent, to increase the unified credit against estate and gift taxes to the equivalent of a $3,000,000 exclusion and to provide an inflation adjustment of such amount, and for other purposes."} | 1,193 | 112 | 0.469172 | 1.172273 | 0.291514 | 2.648148 | 10.25 | 0.796296 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Team Relocation Taxpayer Protection
Act of 1996''.
SEC. 2. TREATMENT OF RELOCATING NATIONAL FOOTBALL LEAGUE FRANCHISES.
(a) Effect on Interstate Commerce.--
(1) Findings.--The Congress finds that the conduct of a
National Football League franchise occurs in interstate
commerce and has a substantial effect on interstate commerce
and that when the facts and circumstances described in
subsection (c)(1) are combined, there arises substantial
potential for harmful effects on interstate commerce.
(2) Purpose.--The purpose of this section is to deter such
harmful effects.
(3) No preemption of state or local actions.--Such other
actions as may be taken by a State or local governmental unit
or entity referred to in subsection (c)(1)(A) to address the
facts and circumstances described in subsection (c)(1) are not
preempted by this section and do not burden interstate
commerce.
(b) Federal Treatment.--Notwithstanding any other provision of
law--
(1) any entity or person described in paragraph (1) or (2)
of subsection (c)--
(A) may not benefit, directly or indirectly, from
any expenditure of Federal funds, and
(B) shall not be allowed any Federal tax exclusion,
deduction, credit, exemption, or allowance,
in connection with or in any way related to the relocation of a
National Football League franchise of an entity or person
described in subsection (c)(1); and
(2) the interest paid or accrued on any bond, any portion
of the proceeds of which is used or is to be used to provide
facilities that are used or are to be used in whole or in part
by any entity or person described in paragraph (1) or (2) of
subsection (c), shall not be exempt from any Federal tax.
(c) Entity or Person Described.--For purposes of this section--
(1) General description.--An entity or person is described
in this paragraph if--
(A) the entity or person has conducted regular
season home football games through ownership of a
franchise in the National Football League in
facilities--
(i) which are owned, directly or
indirectly, by a State or local governmental
unit or entity, or
(ii) which are financed by a Federal,
State, or local governmental unit or entity;
(B) the entity or person has publicly announced
that such entity or person has the intention to conduct
such football games outside the facilities described in
subparagraph (A) before the expiration of the period
during which such governmental unit or entity has
authorized the entity or person to use such facilities;
(C) the entity or person has publicly announced
that such entity or person has the intention to conduct
such football games in facilities--
(i) to be owned, directly or indirectly, by
a State or local governmental unit or entity,
or
(ii) to be financed by a Federal, State, or
local governmental unit or entity;
(D) in the National Football League season
preceding the announcement of the intention of the
entity or person to relocate, attendance at the regular
season home football games of such entity or person
averaged at least 75 percent of normal capacity as
previously published by the National Football League
with respect to such season; and
(E) within the period of 1 year before or after
such announcement by the entity or person, an election
or referendum has been held by the State or local
governmental unit in which the facilities described in
subparagraph (A) are located and the voters have
approved a tax increase or extension of a tax, or have
failed to repeal any such tax increase or extension,
intended by such governmental unit to be used as part
of the financing for improved facilities or new
facilities for such football games of such entity or
person.
(2) Related person.--
(A) In general.--An entity or person is described
in this paragraph if such entity or person is a related
person to an entity or person described in paragraph
(1).
(B) Application of certain rules.--For purposes of
this paragraph, a person or entity shall be treated as
a related person to an entity or person described in
paragraph (1) if--
(i) under the terms of section 144(a)(3) of
the Internal Revenue Code of 1986, such person
or entity would be treated as a related person
to an entity or person described in paragraph
(1), or
(ii) such person or entity is a successor
in interest to an entity or person described in
paragraph (1) or to any related person.
(C) Rules regarding certain relationships.--In
determining whether a person or entity is a related
person to an entity or person described in paragraph
(1), the rules of sections 144(a)(3), 267, 707(b), and
1563 of the Internal Revenue Code of 1986 shall be
applied--
(i) by substituting ``at least 25 percent''
for ``more than 50 percent'' each place it
appears therein and by determining such
percentage on the basis of the highest
percentage of the stock or other indices of
ownership that any person or entity has owned
directly or indirectly at any time after
December 31, 1991,
(ii) by treating a person's step-children
or step-grandchildren as the person's natural
children or grandchildren, and
(iii) by treating all children and step-
children of such person as if they have not
attained the age of 21 years.
(d) Bankruptcy Venue.--Notwithstanding any other provision of law,
including titles 11 and 28 of the United States Code, any case under
such title 11 with respect to an entity or person described in
paragraph (1) or (2) of subsection (c) may be commenced only in the
district court for the judicial district in which the principal place
of business in the United States of such entity or person has been
located during the greatest part of the 3-year period immediately
preceding the commencement of such case.
(e) Effective Date.--This section shall apply to--
(1) any expenditure of Federal funds on or after the date
of the introduction of this Act,
(2) any case commenced under title 11, United States Code,
after November 1, 1995, and
(3) any Federal tax exclusion, deduction, credit,
exemption, or allowance for any taxable period ending after
December 31, 1994. | Team Relocation Taxpayer Protection Act of 1996 - Prohibits specified entities or persons (entities) from benefiting from any expenditure of Federal funds or from being allowed any Federal tax exclusion, deduction, credit, exemption, or allowance in connection with the relocation of a National Football League (NFL) franchise of such entity. Specifies that the interest paid or accrued on any bond from which proceeds are used or to be used to provide facilities for any such entity shall not be exempt from Federal tax.
Makes such provision applicable: (1) to any entity that has conducted regular season home football games through ownership of a franchise in the NFL in facilities which are owned by a State or local government or financed by a Federal, State, or local governmental unit, has publicly announced that it intends to conduct such football games outside such facilities before the expiration of the period during which such governmental unit has authorized the entity to use such facilities, has publicly announced that it intends to conduct such football games in facilities to be owned by a State or local government or to be financed by a Federal, State, or local governmental unit; (2) if in the NFL season preceding the announcement of the entity's intention to relocate, attendance at the regular season home football games of such entity averaged at least 75 percent of normal capacity as previously published by the NFL with respect to such season; and (3) if within one year before or after such announcement, an election or referendum has been held by the State or local government and the voters have approved a tax increase or extension of a tax, or have failed to repeal any such increase or extension, intended to be used as part of the financing for improved facilities or new facilities for such football games of such entity.
Sets forth provisions regarding: (1) preemption (no preemption of State or local actions); (2) who constitutes a "related person" for tax purposes; and (3) bankruptcy venue. | {"src": "billsum_train", "title": "Team Relocation Taxpayer Protection Act of 1996"} | 1,366 | 412 | 0.682796 | 1.995086 | 0.843412 | 4.358442 | 3.467532 | 0.914286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Agriculture Security Assistance
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) some agricultural diseases pose a direct threat to
human health;
(2) economic sabotage, in the form of agroterrorism, is
also a concern;
(3) the United States has an $80,000,000,000 livestock
industry;
(4) an outbreak of an agricultural disease, whether
naturally occurring or intentionally introduced, could--
(A) have a profound impact on the infrastructure,
economy, and export markets of the United States; and
(B) erode consumer confidence in the Federal
Government and the safety of the food supply of the
United States;
(5) as with human health and bioterrorism preparedness,
enhancing current monitoring and response mechanisms to deal
with a deliberate act of agricultural terrorism would
strengthen the ability of the United States to diagnose and
respond quickly to any animal health crisis;
(6)(A) activities to ensure the biosecurity of farms are an
important tool in preventing--
(i) the intentional or accidental introduction of
an agricultural disease; and
(ii) the spread of an introduced agricultural
disease into an outbreak; and
(B) most surveys of producers indicate discouraging and
dangerous trends in basic elements of farm security activities;
(7)(A) a national response plan, developed by the
Department of Agriculture and the Federal Emergency Management
Agency, would determine how interdependent agricultural health
and emergency management response functions will be coordinated
to ensure an orderly, immediate, and unified response to all
aspects of an outbreak of an agricultural disease;
(B) the Department of Agriculture, in cooperation with
State and industry partners, would implement the plan as
needed; and
(C) State and local partners would need assistance to
implement their shares of the plan;
(8) States and communities also require assistance to
prepare and plan for agricultural disasters;
(9)(A) rapid detection of an agricultural disease is
imperative in containing the spread of the agricultural
disease; and
(B) potential delays and difficulty in detection may
complicate decisions regarding appropriate control measures;
and
(10)(A) planning for a response to an outbreak of an
agricultural disease will vary from State to State,
reflecting--
(i) the level of awareness;
(ii) the perception of risk;
(iii) competing time demands; and
(iv) the availability of resources; and
(B) State response capability would be significantly
enhanced if State agricultural and emergency management
officials were to jointly develop a comprehensive agricultural
disease response plan.
SEC. 3. AGRICULTURE SECURITY ASSISTANCE.
(a) In General.--Title VIII of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2220) is amended by adding at the end
the following:
``Subtitle J--Agriculture Security Assistance
``SEC. 899A. DEFINITIONS.
``In this subtitle:
``(1) Agricultural disease.--The term `agricultural
disease' means an outbreak of a plant or animal disease, or a
pest infestation, that requires prompt action in order to
prevent injury or damage to people, plants, livestock,
property, the economy, or the environment.
``(2) Agricultural disease emergency.--The term
`agricultural disease emergency' means an outbreak of a plant
or animal disease, or a pest infestation, that requires prompt
action in order to prevent injury or damage to people, plants,
livestock, property, the economy, or the environment, as
determined by the Secretary of Agriculture under--
``(A) section 415 of the Plant Protection Act (7
U.S.C. 7715); or
``(B) section 10407(b) of the Animal Health
Protection Act (7 U.S.C. 8306(b)).
``(3) Agriculture.--The term `agriculture' includes--
``(A) the science and practice of activities
relating to food, feed, and fiber production,
processing, marketing, distribution, use, and trade;
``(B) family and consumer science, nutrition, food
science and engineering, agricultural economics, and
other social sciences; and
``(C) forestry, wildlife science, fishery science,
aquaculture, floraculture, veterinary medicine, and
other environmental and natural resource sciences.
``(4) Agroterrorism.--The term `agroterrorism' means the
commission of an agroterrorist act.
``(5) Agroterrorist act.--The term `agroterrorist act'
means a criminal act consisting of causing or attempting to
cause damage or harm to, or destruction or contamination of, a
crop, livestock, farm or ranch equipment, a material, any other
property associated with agriculture, or a person engaged in
agricultural activity, that is committed with the intent--
``(A) to intimidate or coerce a civilian
population; or
``(B) to influence the policy of a government by
intimidation or coercion.
``(6) Biosecurity.--
``(A) In general.--The term `biosecurity' means
protection from the risks posed by biological,
chemical, or radiological agents to--
``(i) plant or animal health;
``(ii) the agricultural economy;
``(iii) the environment; and
``(iv) human health.
``(B) Inclusions.--The term `biosecurity' includes
the exclusion, eradication, and control of biological
agents that cause agricultural diseases.
``SEC. 899B. RESPONSE PLANS.
``(a) In General.--
``(1) State plans.--The Secretary of Agriculture, in
consultation with the Director of the Federal Emergency
Management Agency, shall assist States in developing and
implementing State plans for responding to outbreaks of
agricultural diseases.
``(2) Required elements.--Each State response plan shall
include--
``(A) identification of available authorities and
resources within the State that are needed to respond
to an outbreak of an agricultural disease;
``(B) identification of--
``(i) potential risks and threats due to
agricultural activity in the State; and
``(ii) the vulnerabilities to those risks
and threats;
``(C) potential emergency management assistance
compacts and other mutual aid agreements with
neighboring States; and
``(D) identification of local and State legal
statutes or precedents that may affect the
implementation of a State response plan.
``(3) Regional and national response plans.--The Secretary
of Agriculture shall work with States in developing regional
and national response plans to carry out this subsection.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection such
sums as are necessary for fiscal year 2004 and each fiscal year
thereafter.
``(b) Modeling and Statistical Analyses.--
``(1) In general.--In consultation with the Steering
Committee of the National Animal Health Emergency Management
System and other stakeholders, the Secretary of Agriculture
shall conduct a study--
``(A) to determine the best use of epidemiologists,
computer modelers, and statisticians as members of
emergency response task forces that handle foreign or
emerging agricultural disease emergencies; and
``(B) to identify the types of data that are not
collected but that would be necessary for proper
modeling and analysis of agricultural disease emergencies.
``(2) Report.--Not later than 180 days after the date of
enactment of this subtitle, the Secretary of Agriculture shall
submit a report that describes the results of the study to--
``(A) the Secretary of Homeland Security; and
``(B) the heads of other appropriate governmental
agencies involved in response planning for agricultural
disease emergencies.
``(c) Geographic Information System Grants.--
``(1) In general.--The Secretary of Agriculture, in
consultation with the Secretary of Homeland Security and the
Secretary of the Interior, shall establish a program to provide
grants to States to develop capabilities to use geographic
information systems and statistical models for epidemiological
assessments in the event of agricultural disease emergencies.
``(2) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $2,500,000 for fiscal year 2004; and
``(B) such sums as are necessary for each fiscal
year thereafter.
``(d) Grants To Facilitate Participation of State and Local Animal
Health Care Officials.--
``(1) In general.--The Secretary of Homeland Security, in
coordination with the Secretary of Agriculture, shall establish
a program to provide grants to communities to facilitate the
participation of State and local animal health care officials
in community emergency planning efforts.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
fiscal year 2004.
``SEC. 899C. BIOSECURITY AWARENESS AND PROGRAMS.
``(a) In General.--The Secretary of Agriculture shall implement a
public awareness campaign for farmers, ranchers, and other agricultural
producers that emphasizes--
``(1) the need for heightened biosecurity on farms; and
``(2) the reporting of agricultural disease anomalies.
``(b) On-Farm Biosecurity.--
``(1) In general.--Not later than 240 days after the date
of enactment of this subtitle, in consultation with
associations of agricultural producers and taking into
consideration research conducted under the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3101 et seq.), the Secretary of Agriculture
shall--
``(A) develop guidelines--
``(i) to improve monitoring of vehicles and
materials entering or leaving farm or ranch
operations; and
``(ii) to control human traffic entering or
leaving farm or ranch operations; and
``(B) disseminate the guidelines to agricultural
producers through agricultural education seminars and
biosecurity training sessions.
``(2) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection--
``(i) $5,000,000 for fiscal year 2004; and
``(ii) such sums as are necessary for each
fiscal year thereafter.
``(B) Education program.--Of the amounts made
available under subparagraph (A), the Secretary of
Agriculture may use such sums as are necessary to
establish in each State an education program to
distribute the biosecurity guidelines developed under
paragraph (1).
``(c) Biosecurity Grant Pilot Program.--
``(1) In general.--Not later than 240 days after the date
of enactment of this subtitle, the Secretary of Agriculture
shall develop a pilot program to provide incentives, in the
forms of grants or low-interest loans, each in an amount not to
exceed $10,000, for agricultural producers to restructure farm
and ranch operations (based on the biosecurity guidelines
developed under subsection (b)(1))--
``(A) to control access to farms or ranches by
persons intending to commit an agroterrorist act;
``(B) to prevent the introduction and spread of
agricultural diseases; and
``(C) to take other measures to ensure biosecurity.
``(2) Report.--Not later than 3 years after the date of
enactment of this subtitle, the Secretary of Agriculture shall
submit to the appropriate committees of Congress a report
that--
``(A) describes the implementation of the pilot
program; and
``(B) makes recommendations on expansion of the
pilot program.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $5,000,000 for fiscal year 2004; and
``(B) such sums as are necessary for each of fiscal
years 2005 through 2007.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
is amended by adding at the end of the items relating to title VIII the
following:
``Subtitle J--Agriculture Security Assistance
``Sec. 899A. Definitions.
``Sec. 899B. Response plans.
``Sec. 899C. Biosecurity awareness and programs.''. | Agriculture Security Assistance Act - Amends the Homeland Security Act of 2002 to direct the Secretary of Agriculture to: (1) assist States to develop agricultural disease response plans, including regional and national plans; (2) conduct a related modeling and statistical analysis study; (3) provide State grants for epidemiological assessment use of geographic information and statistical analysis models in the event of agricultural disease emergencies; (4) implement a biosecurity awareness program for farmers and ranchers, including on-farm biosecurity guidelines and discretionary education programs; and (5) establish a farm and ranch biosecurity grant and loan pilot program.Authorizes the Secretary of Homeland Security to provide grants for State and local animal health care officials to participate in community emergency planning. | {"src": "billsum_train", "title": "A bill to amend the Homeland Security Act of 2002 to assist States and communities in preparing for and responding to threats to the agriculture of the United States."} | 2,704 | 148 | 0.559945 | 1.455274 | 0.701488 | 2.805755 | 18.086331 | 0.935252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Information Presentation
Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There is a substantial lack of consistency in the
presentation of information explaining and supporting Federal
rulemaking actions when such information is published with
proposed and final rules in the Federal Register.
(2) This lack of consistency makes it more difficult for
the public and Congress to understand rulemaking actions and
their justification and to locate particular relevant
information.
(3) Presidential Executive Order 12866, promulgated
September 30, 1993, specifies certain analytical components for
Federal rulemaking that provide a useful design for consistent
organization of the information presented in Federal Register
rulemaking notices.
(4) Such a consistent format will facilitate congressional,
executive branch, and public review of proposed rulemaking
actions.
SEC. 3. FORMATTING OF RULEMAKING ENTRIES IN THE FEDERAL REGISTER.
(a) Significant Rules.--This section applies to each significant
rule that is published in the Federal Register as a general notice of
proposed rulemaking, or as a final or interim final substantive rule,
under section 553 of title 5, United States Code.
(b) Information To Be Included in Proposed, Interim Final, and
Final Rules.--Each agency shall, in accordance with a uniform format to
be established (after public notice and an opportunity for public
comment) by the Office of the Federal Register, include in the preamble
(the ``Supplementary Information'') to each such significant rule, both
as a proposed and as a final or interim final rule, the information
specified in this subsection.
(1) Rulemaking status.--
(A)(i) The agency shall describe whether, and if so
the reason that, the rule has been determined to be--
(I) a significant rule; or
(II) a major rule under section 804(2) of
title 5, United States Code.
(ii) If the agency determines that a rule is not a
significant rule, the agency shall provide the reasons
and justifications for such determination using each of
the factors described in section 5(3).
(B) The agency shall identify the nature and timing
of any applicable legal deadline or other good cause
for the issuance of the rule more quickly than the
normal work schedule would provide.
(C) The agency shall provide an explanation as to
whether the President, the Vice President, or any
official in the Executive Office of the President has
waived any provision of any relevant Executive order or
related policy directive applicable to the rulemaking.
If any cost-benefit analysis, risk assessment, or other
evaluation of the rule prepared by the agency displays
an important gap in the analytical information relied
upon therein, the agency shall provide an explanation
as to why it is or is not feasible or reasonable to
delay the rulemaking until those gaps in information
are filled.
(2) Regulatory policy officer.--The agency shall provide
the name, telephone number, and position of the regulatory
policy officer of the agency responsible at each stage of the
regulatory process for fostering the development of effective,
innovative, and least burdensome regulations and furthering the
principles set forth in any relevant Executive order or related
policy directive related to rulemaking.
(3) Consultation.--The agency shall describe any
consultations with stakeholders, formal advisory bodies, and
State, local, or tribal governments under title II of Public Law 104-4
(2 U.S.C. 1531 et seq.) or other applicable authority, identifying the
individuals involved and the issues discussed.
(4) Need.--The agency shall identify any applicable law
requiring the specific rulemaking and separately describe any
compelling public need for undertaking the rulemaking,
including a detailed explanation of the need for preempting, or
regulating instead of, State, local, or tribal governments.
(5) Legal authority.--The agency shall identify the
specific statutory provisions authorizing the rule, the overall
regulatory program involved, and the scope of the statutory
discretion of the agency, if any, to regulate and the degree to
which the agency is regulating. Except in cases in which the
rule has no legal effect other than to implement the literal
wording of the applicable law, the agency shall include in the
preamble a legal analysis identifying the scope of discretion
available to the agency in undertaking the rulemaking.
(6) Alternatives considered.--The agency shall identify the
principal regulatory alternatives considered by the agency
before determining which alternative to propose for public
comment, or to adopt in the final or interim final rule.
(7) Alternative selected.--Based on the criteria set forth
in title II of Public Law 104-4 (2 U.S.C. 1531 et seq.) and any
relevant Executive order or related policy directive related to
rulemaking, the agency shall identify and explain in reasonable
detail the reasons why the agency selected the alternative to
be adopted or adopted in the rule.
(8) Costs.--The agency shall estimate the direct and
indirect costs of the rule, which shall be stated to the extent
reasonably possible as monetized costs, quantified costs, or
qualitative costs, in that order.
(9) Impacts.--The agency shall identify the entities that
will be significantly impacted through compliance with the
rule, and shall evaluate and describe the nature of the impacts
that are anticipated to be caused by the costs to be imposed or
other actions the entities are anticipated to take in order to
come into compliance with the rule. The agency shall summarize
any analysis or evaluation conducted under title II of Public
Law 104-4 (2 U.S.C. 1531 et seq.) or chapter 6 of title 5,
United States Code, or if the agency did not conduct such an
analysis or evaluation, provide an explanation as to why an
analysis or evaluation was not performed.
(10) Benefits.--The agency shall estimate the direct and
indirect benefits of the rule. These benefits shall be stated
to the extent possible as monetized benefits, quantified
benefits, or qualitative benefits.
(11) Certification of compliance.--The agency shall state
whether any official in the Executive Office of the President
carried out a review of the rule under any relevant Executive
order or related policy directive related to rulemaking. If
such a review has been carried out, the agency shall briefly
describe the individuals involved, the timing of the review
process, the procedural actions taken by those involved, and
the nature of any issues raised in the course of such review.
If any such official found the issuance of the rule to be
consistent with the regulatory principles set forth in such
Executive order or related policy directive related to
rulemaking, the agency shall identify the official, and
describe the nature of the communication involved.
(c) Additional Information To Be Included in Interim Final and
Final Rules.--
(1) In general.--Each agency shall, in accordance with a
uniform format to be established (after public notice and
opportunity for public comment) by the Office of the Federal
Register, include in the preamble (the ``Supplementary
Information'') to each such significant rule, as a final or
interim final rule, the information specified in this
subsection.
(2) Significant issues.--
(A) Each agency shall provide a brief description
of the significant issues raised--
(i) by the public in a statement placed in
the rulemaking file;
(ii) in consultations described in
subsection (b)(3) by formal advisory bodies;
and
(iii) by any official in the Executive
Office of the President carrying out a review
under any relevant Executive order or related
policy directive related to rulemaking.
(B) If, under subparagraph (A)(iii), an official
did not raise any significant issue, the agency shall
provide a description to that effect. The agency shall
identify and describe any important gap in analytical
information relied upon in any cost-benefit analysis,
risk assessment, or other evaluation of the rule
prepared by the agency, and any assumptions and
justification for such assumptions that were used to
fill those gaps.
(3) Conflict resolution.--The agency shall describe in
reasonable detail, both concerning the specific review
procedures used and also the substantive concerns raised--
(A) whether the rule was returned to the agency for
reconsideration by any official in the Executive Office
of the President, the nature of any reasons for such
return, and the nature of the response of the agency to
such return;
(B) the nature of any involvement by the President
or Vice President or their respective staff in
reviewing the rule, or any earlier version of the rule,
submitted for review by any official in the Executive
Office of the President under any relevant Executive
order or related policy directive related to
rulemaking; and
(C) the nature of the resolution of any
disagreement involved in such review or return.
(4) Significant substantive changes.--
(A) The agency shall provide a brief description of
any substantive changes to the rule made--
(i) following the end of the period for
public comment and the submission of the draft
final or interim final rule for review by any
official in the Executive Office of the
President under any relevant Executive order or
related policy directive related to rulemaking;
and
(ii) during any review of the draft final
or interim final rule by any official in the
Executive Office of the President under any
relevant Executive order or related policy
directive related to rulemaking.
(B) The agency shall identify the individual
primarily responsible for suggesting any such
substantive change, if such individual is not within
the program office directly responsible for drafting
the rule.
(5) Cost-benefit determination.--To the extent permitted by
law and as applicable, the agency shall provide a reasoned
statement explaining the way in which the estimated benefits of
the rule justify its estimated costs, as described under
subsections (b)(8) and (b)(10), and any other impacts, as
described under subsection (b)(9). To the extent that the
agency relies upon qualitative benefits to justify the action
of the agency, the agency shall also describe the subjective
nature and uncertainties inherent in such a statement of
qualitative benefits.
(d) Good Cause Exception.--When the agency for good cause finds,
and incorporates the finding and a brief statement of reasons therefor
in the rule, that providing any portion of the information required by
subsections (b) and (c) is impracticable, unnecessary, or contrary to
the public interest, the agency may issue the rule without providing
such portion of the information required. The agency shall identify in
the preamble to the rule the portion of the information that is not
being provided and shall state the reasons for not providing the
preamble and when the preamble will be provided. The agency shall make
every reasonable effort to provide such information before the
effective date of the rule.
SEC. 4. PUBLIC NOTICE.
Each agency shall, on an annual basis and in accordance with a
schedule and uniform format to be established (after public notice and
opportunity for public comment) by the Office of the Federal Register,
publish a notice in the Federal Register that contains the following
specified statistics:
(1) The number of rules published as proposed, interim
final, and final rules.
(2) The number of rules under paragraph (1) that are
discretionary, in contrast to rules the contents of which were
specifically mandated by law as described under section
3(b)(5).
(3) The number of pages in the Federal Register for each
category of rule under paragraphs (1) and (2).
(4) The number of those rules that are--
(A) significant rules; and
(B) major rules under section 804(2) of title 5,
United States Code.
(5) The number of those rules reviewed under any relevant
Executive order or related policy directive related to
rulemaking, the number of rules substantively changed during
such reviews, and the number of pertinent actions taken during
such reviews.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) The term ``agency'' has the meaning given that term in
section 551(1) of title 5, United States Code.
(2) The term ``rule'' has the meaning given that term in
section 551(4) of title 5, United States Code.
(3) The term ``significant rule'' means any agency
rulemaking action that is likely to result in a rule that may--
(A) have an annual effect on the economy of
$1,000,000 or more or adversely affect in a material
way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or
communities;
(B) create a serious inconsistency or otherwise
interfere with an action taken or planned by another
agency;
(C) materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs or
the rights and obligations of recipients thereof; or
(D) raise novel legal or policy issues arising out
of legal mandates, the priorities of the President, or
the regulatory principles set forth in any relevant
Executive order or related policy directive.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of the enactment
of this Act. | Regulatory Information Presentation Act of 1998 - Directs each Federal agency, in accordance with a uniform format to be established by the Office of the Federal Register, to include in the preamble to each significant rule, both as a proposed and as a final or interim final rule, information concerning: (1) whether and on what basis the rule has been determined to be or not to be a significant or major rule; (2) any legal deadline or good cause for issuing the rule more quickly than normal; (3) any executive waiver of rule making policy; (4) the identity of the regulatory policy officer responsible at each stage of the regulatory process for the development of the regulations; (5) agency consultations with stakeholders, advisory bodies, and State and local governments; (6) any applicable law requiring, and any compelling public need for, the rule making; (7) the specific legal authority for the rule, the overall regulatory program involved, and the scope of the agency's discretion to regulate; (8) the principal regulatory alternatives considered by the agency; (9) the reasons for selection of the alternative adopted; (10) the rule's costs, impacts, and benefits; and (11) certification of compliance with any relevant rule making review requirements.
Requires each agency to also include in the preamble to each significant rule, as a final or interim final rule: (1) a brief description of the significant issues raised by the public, in consultations by formal advisory bodies, and by any official in the Executive Office of the President carrying out a review of the rule making; (2) a description, concerning both the specific review procedures used and the substantive concerns raised, of any reconsideration of the rule of such an official, the nature of any involvement by the President or Vice President or their respective staff in reviewing the rule, and the nature of the resolution of any disagreement involved in such review or return; (3) a brief description of any substantive changes made to the rule during specified periods and the identity of the individual primarily responsible for suggesting any such substantive change if such individual is not within the program office directly responsible for drafting the rule; and (4) a statement explaining how the rule's estimated benefits justify its costs.
Permits an agency to issue a rule without providing a portion of the information required if it determines that providing such information is impracticable, unnecessary, or contrary to the public interest. Requires the agency to: (1) identify in the rule's preamble the information omitted, the reasons for the omission, and when the information will be provided; and (2) make every effort to provide the information before the rule's effective date.
Requires each agency to publish, annually, a notice in the Federal Register that contains statistics on the number of: (1) rules published as proposed, interim final, and final rules; (2) rules that are discretionary, in contrast to mandated; (3) pages in the Federal Register for each category of rule; (4) significant rules and major rules; and (5) rules reviewed under a rule making policy directive, the number substantively changed, and the number of pertinent actions taken during such reviews. | {"src": "billsum_train", "title": "Regulatory Information Presentation Act of 1998"} | 2,781 | 657 | 0.666133 | 2.137602 | 0.71607 | 3.572998 | 4.310832 | 0.948195 |
SECTION 1. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE TO COUNTRIES
THAT DENY OR UNREASONABLY DELAY THE ACCEPTANCE OF
NATIONALS WHO HAVE BEEN ORDERED REMOVED FROM THE UNITED
STATES.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by adding at the end the following:
``SEC. 136. PROHIBITION ON FEDERAL FINANCIAL ASSISTANCE TO COUNTRIES
THAT DENY OR UNREASONABLY DELAY THE REPATRIATION OF
NATIONALS WHO HAVE BEEN ORDERED REMOVED FROM THE UNITED
STATES.
``(a) In General.--Except as otherwise provided under this section,
funds made available under this Act may not be dispersed to a foreign
country that refuses or unreasonably delays the acceptance of an alien
who--
``(1) is a citizen, subject, national, or resident of such
country; and
``(2) has received a final order of removal under chapter 4
of title II of the Immigration and Nationality Act (8 U.S.C.
1221 et seq.).
``(b) Defined Term.--In this section and in section 243(d) of the
Immigration and Nationality Act (8 U.S.C. 1253(d)), a country is deemed
to have refused or unreasonable delayed the acceptance of an alien who
is a citizen, subject, national, or resident if the country does not
accept the alien within 90 days of receiving a request to repatriate
such alien from an official of the United States who is authorized to
make such a request.
``(c) Quarterly Reports.--Not later than 90 days after the date of
enactment of this section, and every 3 months thereafter, the Secretary
of Homeland Security shall submit a report to the Senate and the House
of Representatives that--
``(1) lists all the countries which refuse or unreasonably
delay repatriation (as defined in subsection (b)); and
``(2) includes the total number of aliens who were refused
repatriation, organized by--
``(A) country;
``(B) detention status; and
``(C) criminal status.
``(d) Issuance of Travel Documents.--If a country is listed in a
report submitted under subsection (c), the country shall be subject to
the sanctions described in subsection (a) and in section 243(d) of the
Immigration and Nationality Act unless the country issues appropriate
travel documents--
``(1) not later than 100 days after the submission of such
report on behalf of all aliens described in subsection (a) who
have been convicted of a crime committed while in the United
States; and
``(2) not later than 200 days after the submission of such
report on behalf of all other aliens described in subsection
(a).
``(e) Waiver.--
``(1) Request.--The President or a member of the
President's cabinet who has been designated by the President,
may submit a written request to Congress that this section be
waived, wholly or in part, with respect to any country.
``(2) Resolution of approval.--Not later than 7 legislative
days after the receipt of a waiver request under paragraph (1),
the Senate and the House of Representatives shall vote on a
joint resolution authorizing the waiver request.
``(3) Effect of failure to vote.--If the Senate or the
House of Representatives fails to vote on the joint resolution
described in paragraph (2) before the end of the time period
specified in paragraph (2), the waiver request is effectively
denied.
``(f) Standing.--A victim or an immediate family member of a victim
of a crime committed by any alien described in subsection (a) after
such alien has been issued a final order of removal shall have standing
to sue in any Federal district court to enforce the provisions of this
section and the provisions of section 243(d) of the Immigration and
Nationality Act. No attorney's fees or monetary judgments may be
awarded in a suit filed under this subsection.''.
SEC. 2. DISCONTINUING GRANTING VISAS TO NATIONALS OF COUNTRY DENYING OR
DELAYING ACCEPTING ALIENS.
Section 243(d) of the Immigration and Nationality Act (8 U.S.C.
1253(d)) is amended to read as follows:
``(d) Discontinuing Granting Visas to Nationals of Country Denying
or Delaying Accepting Aliens.--
``(1) In general.--If a country is listed on the most
recent report submitted by the Secretary of Homeland Security
to Congress under section 136(c) of the Foreign Assistance Act
of 1961, the Secretary may not issue a visa to a subject,
national, or resident of such country unless--
``(A) the country is in full compliance with
section 136(d) of such Act; or
``(B) Congress passes a joint resolution providing
for the waiver of this subsection with respect to such
country.
``(2) Effect of unauthorized issuance.--Any visa issued in
violation of this paragraph shall be null and void.
``(3) Waiver.--
``(A) Request.--The President or a member of the
President's cabinet who has been designated by the
President, may submit a written request to Congress
that this subsection be waived, wholly or in part, with
respect to any country.
``(B) Resolution of approval.--Not later than 7
legislative days after the receipt of a request
described in subparagraph (A), the Senate and the House
of Representatives shall vote on a joint resolution
authorizing the waiver request.
``(C) Effect of failure to vote.--If the Senate or
the House of Representatives fails to vote on the joint
resolution described in subparagraph (B), the waiver
request is effectively denied.
``(4) Standing.--A victim or an immediate family member of
a victim of a crime committed by any alien described in section
136(a) of the Foreign Assistance Act of 1961 after such alien
has been issued a final order of removal shall have standing to
sue in any Federal district court to enforce the provisions of
this subsection. No attorney's fees or monetary judgments may
be awarded in a suit filed under this subsection.''. | Amends the Foreign Assistance Act of 1961 to prohibit funds from being dispersed to a country that denies or unreasonably delays the acceptance of its citizens, nationals, or residents who have been ordered removed under the Immigration and Nationality Act (INA) from the United States.
Amends INA to prohibit visa issuance to citizens, nationals, or residents of such country unless: (1) the country is in full compliance with travel document requirements under this Act; or (2) Congress waives such prohibition.
Requires the Secretary of Homeland Security to report to Congress every three months listing countries that deny or delay such repatriation. Imposes assistance and visa prohibitions on a listed country that does not issue appropriate travel documents for such aliens.
Authorizes presidential waiver of such assistance and visa prohibitions. | {"src": "billsum_train", "title": "A bill to withhold Federal financial assistance from each country that denies or unreasonably delays the acceptance of nationals of such country who have been ordered removed from the United States and to prohibit the issuance of visas to nationals of such country."} | 1,448 | 176 | 0.597803 | 1.615784 | 0.746993 | 2.42953 | 8.395973 | 0.832215 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforming American Immigration for
Strong Employment Act'' or the ``RAISE Act''.
SEC. 2. ELIMINATION OF DIVERSITY VISA PROGRAM.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by striking subsection (c).
(b) Technical and Conforming Amendments.--
(1) Immigration and nationality act.--The Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) is amended--
(A) in section 101(a)(15)(V), by striking ``section
203(d)'' and inserting ``section 203(c)'';
(B) in section 201--
(i) in subsection (a)--
(I) in paragraph (1), by adding
``and'' at the end; and
(II) in paragraph (2), by striking
``; and'' at the end and inserting a
period; and
(III) by striking paragraph (3);
and
(ii) by striking subsection (e);
(C) in section 203--
(i) in subsection (b)(2)(B)(ii)(IV), by
striking ``section 203(b)(2)(B)'' each place
such term appears and inserting ``clause (i)'';
(ii) by redesignating subsections (d), (e),
(f), (g), and (h) as subsections (c), (d), (e),
(f), and (g), respectively;
(iii) in subsection (c), as redesignated,
by striking ``subsection (a), (b), or (c)'' and
inserting ``subsection (a) or (b)'';
(iv) in subsection (d), as redesignated--
(I) by striking paragraph (2); and
(II) by redesignating paragraph (3)
as paragraph (2);
(v) in subsection (e), as redesignated, by
striking ``subsection (a), (b), or (c) of this
section'' and inserting ``subsection (a) or
(b)'';
(vi) in subsection (f), as redesignated, by
striking ``subsections (a), (b), and (c)'' and
inserting ``subsections (a) and (b)''; and
(vii) in subsection (g), as redesignated--
(I) by striking ``(d)'' each place
such term appears and inserting
``(c)''; and
(II) in paragraph (2)(B), by
striking ``subsection (a), (b), or
(c)'' and inserting ``subsection (a) or
(b)'';
(D) in section 204--
(i) in subsection (a)(1), by striking
subparagraph (I);
(ii) in subsection (e), by striking
``subsection (a), (b), or (c) of section 203''
and inserting ``subsection (a) or (b) of
section 203''; and
(iii) in subsection (l)(2)--
(I) in subparagraph (B), by
striking ``section 203 (a) or (d)'' and
inserting ``subsection (a) or (c) of
section 203''; and
(II) in subparagraph (C), by
striking ``section 203(d)'' and
inserting ``section 203(c)'';
(E) in section 214(q)(1)(B)(i), by striking
``section 203(d)'' and inserting ``section 203(c)'';
(F) in section 216(h)(1), in the undesignated
matter following subparagraph (C), by striking
``section 203(d)'' and inserting ``section 203(c)'';
and
(G) in section 245(i)(1)(B), by striking ``section
203(d)'' and inserting ``section 203(c)''.
(2) Immigrant investor pilot program.--Section 610(d) of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 1993 (Public Law 102-
395) is amended by striking ``section 203(e) of such Act (8
U.S.C. 1153(e))'' and inserting ``section 203(d) of such Act (8
U.S.C. 1153(d))''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first fiscal year beginning on or after
the date of the enactment of this Act.
SEC. 3. ANNUAL ADMISSION OF REFUGEES.
Section 207 of the Immigration and Nationality Act (8 U.S.C. 1157)
is amended--
(1) by striking subsections (a) and (b);
(2) by redesignating subsection (e) as subsection (a);
(3) by redesignating subsection (f) as subsection (e);
(4) by inserting after subsection (a), as redesignated, the
following:
``(b) Maximum Number of Admissions.--
``(1) In general.--The number of refugees who may be
admitted under this section in any fiscal year may not exceed
50,000.
``(2) Asylees.--The President shall annually enumerate the
number of aliens who were granted asylum in the previous fiscal
year.''; and
(5) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''.
SEC. 4. FAMILY-SPONSORED IMMIGRATION PRIORITIES.
(a) Immediate Relative Redefined.--Section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (b)(2)(A)--
(A) in clause (i), by striking ``children, spouses,
and parents of a citizen of the United States, except
that, in the case of parents, such citizens shall be at
least 21 years of age.'' and inserting ``children and
spouse of a citizen of the United States.''; and
(B) in clause (ii), by striking ``such an immediate
relative'' and inserting ``the immediate relative
spouse of a United States citizen'';
(2) by striking subsection (c) and inserting the following:
``(c) Worldwide Level of Family-Sponsored Immigrants.--(1) The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to 88,000 minus the number computed under
paragraph (2).
``(2) The number computed under this paragraph for a fiscal year is
the number of aliens who were paroled into the United States under
section 212(d)(5) in the second preceding fiscal year who--
``(A) did not depart from the United States (without
advance parole) within 365 days; and
``(B)(i) did not acquire the status of an alien lawfully
admitted to the United States for permanent residence during
the two preceding fiscal years; or
``(ii) acquired such status during such period under a
provision of law (other than subsection (b)) that exempts
adjustment to such status from the numerical limitation on the
worldwide level of immigration under this section.''; and
(3) in subsection (f)--
(A) in paragraph (2), by striking ``section
203(a)(2)(A)'' and inserting ``section 203(a)'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (4) as paragraph
(3); and
(D) in paragraph (3), as redesignated, by striking
``(1) through (3)'' and inserting ``(1) and (2)''.
(b) Family-Based Visa Preferences.--Section 203(a) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)) is amended to read
as follows:
``(a) Spouses and Minor Children of Permanent Resident Aliens.--
Family-sponsored immigrants described in this subsection are qualified
immigrants who are the spouse or a child of an alien lawfully admitted
for permanent residence.''.
(c) Conforming Amendments.--
(1) Definition of v nonimmigrant.--Section 101(a)(15)(V) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V))
is amended by striking ``section 203(a)(2)(A)'' each place such
term appears and inserting ``section 203(a)''.
(2) Numerical limitation to any single foreign state.--
Section 202 of such Act (8 U.S.C. 1152) is amended--
(A) in subsection (a)(4)--
(i) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) 75 percent of family-sponsored immigrants not
subject to per country limitation.--Of the visa numbers
made available under section 203(a) in any fiscal year,
75 percent shall be issued without regard to the
numerical limitation under paragraph (2).
``(B) Treatment of remaining 25 percent for
countries subject to subsection (e).--
``(i) In general.--Of the visa numbers made
available under section 203(a) in any fiscal
year, 25 percent shall be available, in the
case of a foreign state or dependent area that
is subject to subsection (e) only to the extent
that the total number of visas issued in
accordance with subparagraph (A) to natives of
the foreign state or dependent area is less
than the subsection (e) ceiling.
``(ii) Subsection (e) ceiling defined.--In
clause (i), the term `subsection (e) ceiling'
means, for a foreign state or dependent area,
77 percent of the maximum number of visas that
may be made available under section 203(a) to
immigrants who are natives of the state or
area, consistent with subsection (e).''; and
(ii) by striking subparagraphs (C) and (D);
and
(B) in subsection (e)--
(i) in paragraph (1), by adding ``and'' at
the end;
(ii) by striking paragraph (2);
(iii) by redesignating paragraph (3) as
paragraph (2); and
(iv) in the undesignated matter after
paragraph (2), as redesignated, by striking ``,
respectively,'' and all that follows and
inserting a period.
(3) Rules for determining whether certain aliens are
children.--Section 203(h) of such Act (8 U.S.C. 1153(h)) is
amended by striking ``(a)(2)(A)'' each place such term appears
and inserting ``(a)(2)''.
(4) Procedure for granting immigrant status.--Section 204
of such Act (8 U.S.C. 1154) is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A)(i), by striking
``to classification by reason of a relationship
described in paragraph (1), (3), or (4) of
section 203(a) or'';
(ii) in subparagraph (B)--
(I) in clause (i), by redesignating
the second subclause (I) as subclause
(II); and
(II) by striking ``203(a)(2)(A)''
each place such terms appear and
inserting ``203(a)''; and
(iii) in subparagraph (D)(i)(I), by
striking ``a petitioner'' and all that follows
through ``(a)(1)(B)(iii).'' and inserting ``an
individual younger than 21 years of age for
purposes of adjudicating such petition and for
purposes of admission as an immediate relative
under section 201(b)(2)(A)(i) or a family-
sponsored immigrant under section 203(a), as
appropriate, notwithstanding the actual age of
the individual.'';
(B) in subsection (f)(1), by striking ``,
203(a)(1), or 203(a)(3), as appropriate''; and
(C) by striking subsection (k).
(5) Waivers of inadmissibility.--Section 212 of such Act (8
U.S.C. 1182) is amended--
(A) in subsection (a)(6)(E)(ii), by striking
``section 203(a)(2)'' and inserting ``section 203(a)'';
and
(B) in subsection (d)(11), by striking ``(other
than paragraph (4) thereof)''.
(6) Employment of v nonimmigrants.--Section 214(q)(1)(B)(i)
of such Act (8 U.S.C. 1184(q)(1)(B)(i)) is amended by striking
``section 203(a)(2)(A)'' each place such term appears and
inserting ``section 203(a)''.
(7) Definition of alien spouse.--Section 216(h)(1)(C) of
such Act (8 U.S.C. 1186a(h)(1)(C)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(8) Classes of deportable aliens.--Section 237(a)(1)(E)(ii)
of such Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking
``section 203(a)(2)'' and inserting ``section 203(a)''.
(d) Creation of Nonimmigrant Classification for Alien Parents of
Adult United States Citizens.--
(1) In general.--Section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(A) in subparagraph (T)(ii)(III), by striking the
period at the end and inserting a semicolon;
(B) in subparagraph (U)(iii), by striking ``or'' at
the end;
(C) in subparagraph (V)(ii)(II), by striking the
period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(W) Subject to section 214(s), an alien who is a parent
of a citizen of the United States, if the citizen is at least
21 years of age.''.
(2) Conditions on admission.--Section 214 of such Act (8
U.S.C. 1184) is amended by adding at the end the following:
``(s)(1) The initial period of authorized admission for a
nonimmigrant described in section 101(a)(15)(W) shall be five years,
but may be extended by the Secretary of Homeland Security for
additional five-year periods if the United States citizen son or
daughter of the nonimmigrant is still residing in the United States.
``(2) A nonimmigrant described in section 101(a)(15)(W)--
``(A) is not authorized to be employed in the United
States; and
``(B) is not eligible for any Federal, State, or local
public benefit.
``(3) Regardless of the resources of a nonimmigrant described in
section 101(a)(15)(W), the United States citizen son or daughter who
sponsored the nonimmigrant parent shall be responsible for the
nonimmigrant's support while the nonimmigrant resides in the United
States.
``(4) An alien is ineligible to receive a visa or to be admitted
into the United States as a nonimmigrant described in section
101(a)(15)(W) unless the alien provides satisfactory proof that the
United States citizen son or daughter has arranged for health insurance
coverage for the alien, at no cost to the alien, during the anticipated
period of the alien's residence in the United States.''.
(e) Effective Date; Applicability.--
(1) Effective date.--The amendments made by this section
shall take effect on the first day of the first fiscal year
that begins after the date of the enactment of this Act.
(2) Invalidity of certain petitions and applications.--Any
petition under section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) seeking classification of an alien under a
family-sponsored immigrant category that was eliminated by the
amendments made by this section and filed after the date on
which this Act was introduced and any application for an
immigrant visa based on such a petition shall be considered
invalid. | Reforming American Immigration for Strong Employment Act or the RAISE Act This bill amends the Immigration and Nationality Act to eliminate the diversity immigrant visa category. The fiscal year limit for refugee admissions is set at 50,000. The President shall annually enumerate the previous year's number of asylees. The bill defines: (1) "immediate relative" as the under-21 year old child or spouse of a U.S. citizen, and (2) "family-sponsored immigrant" as the under-21 year old child or spouse of an alien lawfully admitted for permanent residence. The worldwide fiscal year level for family-sponsored immigrants is reduced. The bill establishes a nonimmigrant alien W-visa for the parent of an adult (at least 21 years old) U.S. citizen. | {"src": "billsum_train", "title": "Reforming American Immigration for Strong Employment Act"} | 3,918 | 188 | 0.447567 | 1.2703 | 0.633902 | 1.825175 | 22.671329 | 0.804196 |
SECTION 1. ADJUSTED DIFFERENTIALS.
(a) In General.--Paragraph (1) of section 404(b) of the Federal Law
Enforcement Pay Reform Act of 1990 (5 U.S.C. 5305 note) is amended by
striking the matter after ``follows:'' and inserting the following:
``Area Differential
Atlanta-Sandy Springs-Gainesville, GA-AL, CSA...... 35.99%
Boston-Worcester-Manchester, MA-RI-NH, CSA, plus 44.42%
Barnstable County, MA, and Berwick, Eliot,
Kittery, South Berwick, and York towns in York
County, ME.
Buffalo-Niagara-Cattaraugus, NY, CSA............... 30.66%
Chicago-Naperville-Michigan City, IL-IN-WI, CSA.... 42.73%
Cincinnati-Middletown-Wilmington, OH-KY-IN, CSA.... 25.44%
Cleveland-Akron-Elyria, OH, CSA.................... 32.71%
Columbus-Marion-Chillicothe, OH, CSA............... 28.02%
Dallas-Fort Worth, TX, CSA......................... 36.81%
Dayton-Springfield-Greenville, OH, CSA............. 24.84%
Denver-Aurora-Boulder, CO, CSA, plus the Ft. 35.98%
Collins-Loveland, CO, MSA.
Detroit-Warren-Flint, MI, CSA, plus Lenawee County, 37.92%
MI.
Hartford-West Hartford-Willimantic, CT, CSA, plus 40.50%
the Springfield, MA, MSA and New London County,
CT.
Houston-Baytown-Huntsville, TX, CSA................ 40.66%
Huntsville-Decatur, AL, CSA........................ 32.54%
Indianapolis-Anderson-Columbus, IN, CSA, plus Grant 24.27%
County, IN.
Los Angeles-Long Beach-Riverside, CA, CSA, plus the 43.90%
Santa Barbara-Santa Maria-Goleta, CA, MSA and
Edwards Air Force Base, CA.
Miami-Fort Lauderdale-Pompano Beach, FL, MSA, plus 35.55%
Monroe County, FL.
Milwaukee-Racine-Waukesha, WI, CSA................. 30.53%
Minneapolis-St. Paul-St. Cloud, MN-WI, CSA......... 33.29%
New York-Newark-Bridgeport, NY-NJ-CT-PA, CSA, plus 50.28%
Monroe County, PA, and Warren County, NJ.
Philadelphia-Camden-Vineland, PA-NJ-DE-MD, CSA, 36.76%
plus Kent County, DE, Atlantic County, NJ, and
Cape May County, NJ.
Phoenix-Mesa-Scottsdale, AZ, MSA................... 34.81%
Pittsburgh-New Castle, PA, CSA..................... 28.84%
Portland-Vancouver-Beaverton, OR-WA, MSA, plus 33.56%
Marion County, OR, and Polk County, OR.
Raleigh-Durham-Cary, NC, CSA, plus the 25.23%
Fayetteville, NC, MSA, the Goldsboro, NC, MSA,
and the Federal Correctional Complex, Butner,
NC.
Richmond, VA, MSA.................................. 25.92%
Sacramento-Arden-Arcade-Yuba City, CA-NV, CSA, plus 39.35%
Carson City, NV.
San Diego-Carlsbad-San Marcos, CA, MSA............. 43.49%
San Jose-San Francisco-Oakland, CA, CSA, plus the 59.65%
Salinas, CA, MSA and San Joaquin County, CA.
Seattle-Tacoma-Olympia, WA, CSA, plus Whatcom 39.35%
County, WA.
Washington-Baltimore-Northern Virginia, DC-MD-VA- 53.94%
WV, CSA, plus the Hagerstown-Martinsburg, MD-
WV, MSA, the York-Hanover-Gettysburg, PA, CSA,
and King George County, VA.
Rest of the United States (RUS).................... 23.40%''.
(b) Special Rules.--For purposes of the provision of law amended by
subsection (a)--
(1) the counties of Providence, Kent, Washington, Bristol,
and Newport, RI, the counties of York and Cumberland, ME, and
the city of Concord, NH, shall be treated as if located in the
Boston-Worcester-Lawrence, MA-NH-ME-CT-RI Consolidated
Metropolitan Statistical Area; and
(2) members of the Capitol Police shall be considered to be
law enforcement officers within the meaning of section 402 of
the Federal Law Enforcement Pay Reform Act of 1990.
(c) Effective Date.--The amendment made by subsection (a)--
(1) shall take effect as if included in the enactment of
the Federal Law Enforcement Pay Reform Act of 1990; and
(2) shall be effective only with respect to pay for service
performed in pay periods beginning on or after the date of the
enactment of this Act.
Subsection (b) shall be applied in a manner consistent with the
preceding sentence.
SEC. 2. LIMITATION ON PREMIUM PAY.
(a) In General.--Section 5547 of title 5, United States Code, is
amended--
(1) in subsection (a), by striking ``5545a,'';
(2) in subsection (c), by striking ``or 5545a''; and
(3) in subsection (d), by striking the period and inserting
``or a criminal investigator who is paid availability pay under
section 5545a.''.
(b) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of section 1114 of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; 115
Stat. 1239). | Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act.
Eliminates the limitation on premium pay for federal criminal investigators. | {"src": "billsum_train", "title": "To amend the Federal Law Enforcement Pay Reform Act of 1990 to adjust the percentage differentials payable to Federal law enforcement officers in certain high-cost areas, and for other purposes."} | 1,408 | 59 | 0.333984 | 0.838119 | 0.337159 | 2.823529 | 22.627451 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security and Medicare
Improved Burn Injury Treatment Access Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Terrorist acts, such as the September 11, 2001, attacks
in New York and Washington, DC and attacks in countries
throughout the world, major accidental events, chemical plant
explosions, airplane crashes, and major industrial accidents,
result in a substantial number of burn-injured patients.
(2) In most major traumatic events, 25 percent to 30
percent of the injured will require burn care treatment. About
one-third of those hospitalized in New York on September 11th
had severe burn injuries.
(3) According to the American Burn Association (ABA), which
is the national professional society representing hospitals
with burn centers, as well as burn surgeons, nurses,
therapists, and other members of the burn care team, there are
only 128 burn centers in the United States. The total burn-bed
capacity at all burn centers in the United States is 1,835
beds. Burn centers in four States have closed, with a loss of
several beds, which further diminishes the Nation's ability to
handle the mass burn casualties that could result from a major
terrorist attack.
(4) Burn centers are a national resource that must be
preserved and strengthened as part of the Nation's preparedness
activities to deal with terrorist attacks or other disasters
that would likely lead to mass burn casualties.
(5) Based on a study of over 54,000 burn cases over a 20-
year period of time, the ABA in its 2002 National Burn
Repository Report indicates that 38 percent of burn-injured
patients treated in burn centers were uninsured. This high
level of uncompensated care threatens the survival of burn
centers, the continued existence of which is essential to the
emergency preparedness efforts of the United States.
(6) Burn injuries are among the most costly to treat and
require immediate medical attention.
(7) Because of the necessity of providing immediate care in
the case of burn injuries, the waiting periods established for
Medicare coverage for disabled burn patients should be waived
and it is essential for Medicare to reimburse the costs of such
burn treatment to ensure the financial survival of burn
centers.
SEC. 3. ELIMINATION OF 5-MONTH SOCIAL SECURITY DISABILITY WAITING
PERIOD IN CASES OF INDIVIDUALS WITH DISABLING BURN
INJURIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3)(A) In the case of any individual who has a disabling burn
injury and is not entitled to disability insurance benefits under this
section for any month solely by reason of the waiting period under
clause (i) in the first sentence of paragraph (1), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of the first sentence of paragraph
(1), such individual shall be entitled to disability insurance benefits
for each month, beginning with the first month during all of which such
individual is under a disability and in which such individual would
become so entitled to such insurance benefits under such sentence but
for such waiting period, and ending as provided in paragraph (1).
``(B) For purposes of subparagraph (A), the process for determining
under paragraph (1) the month in which the disability ceases shall
require that the status of the individual's disability be determined at
least once every 3 years.
``(C) For purposes of subparagraph (A) and sections 202(e)(5)(C),
202(f)(6)(C), and 216(i)(2)(A)(ii), an individual is considered to have
a `disabling burn injury' if the individual has a burn injury that
satisfies a finding of disability in accordance with the Social
Security Administration's publication, `Disability Evaluation under
Social Security' (Blue Book, January 2005) for purposes of establishing
eligibility for benefits under this title.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
``(C) In the case of any individual who has a disabling burn injury
(as described in section 223(a)(3)(B)) and is not entitled to widow's
insurance benefits under this section for any month solely by reason of
the waiting period under paragraph (1)(F)(i), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of paragraph (1)(F), such
individual shall be entitled to widow's insurance benefits for each
month, beginning with the first month during all of which she is under
a disability and in which she would become so entitled to such
insurance benefits under paragraph (1) but for such waiting period, and
ending as provided in paragraph (1). For purposes of the previous
sentence, in determining under paragraph (1) the month in which the
disability ceases the status of the individual's disability shall be
reviewed at least once every 3 years.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(5) of such Act (42 U.S.C. 402(f)(5)) is amended by adding at the
end the following new subparagraph:
``(C) In the case of any individual who has a disabling burn injury
(as described in section 223(a)(3)(B)) and is not entitled to widower's
insurance benefits under this section for any month solely by reason of
the waiting period under paragraph (1)(F)(i), the Commissioner of
Social Security shall waive the application of the waiting period, and,
notwithstanding clauses (i) and (ii) of paragraph (1)(F), such
individual shall be entitled to widower's insurance benefits for each
month, beginning with the first month during all of which he is under a
disability and in which he would become so entitled to such insurance
benefits under paragraph (1) but for such waiting period, and ending as
provided in paragraph (1). For purposes of the previous sentence, in
determining under paragraph (1) the month in which the disability
ceases the status of the individual's disability shall be reviewed at
least once every 3 years.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I)'' after ``but only if'';
(3) by inserting ``(II)'' after ``duration or''; and
(4) by adding at the end the following new clause:
``(ii) In any case in which an individual has a disabling burn
injury (as described in section 223(a)(3)(B)) and a month is not
included within a period of disability of such individual solely by
reason of the 5-month duration requirement under clause (i)(I), the
Commissioner of Social Security shall waive the application of such
requirement, and, notwithstanding clause (i)(I), such month shall be
included in a period of disability.''.
(e) Effective Dates.--The amendments made by subsection (a) shall
apply only with respect to benefits under section 223 of the Social
Security Act, or under section 202 of such Act on the basis of the
wages and self-employment income of an individual entitled to benefits
under such section 223, for months beginning after the date of the
enactment of this Act. The amendments made by subsections (b) and (c)
shall apply only with respect to benefits based on disability under
subsection (e) or (f) of section 202 of the Social Security Act for
months after the date of the enactment of this Act. The amendments made
by subsection (d) shall apply only with respect to applications for
disability determinations filed under title II of the Social Security
Act after the date of the enactment of this Act.
SEC. 4. ELIMINATION OF 24-MONTH MEDICARE DISABILITY WAITING PERIOD IN
CASES OF INDIVIDUALS WITH DISABLING BURN INJURIES.
(a) In General.--Section 226(h) of the Social Security Act (42
U.S.C. 426(h)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or a disabling burn injury (as described in section
223(a)(3)(B))'' after ``amyotrophic lateral sclerosis (ALS)'';
(2) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (C), respectively, with appropriate
indentation and striking ``For purposes of'' and inserting
``(1) For purposes of''; and
(3) by adding at the end the following new paragraphs:
``(2) Paragraph (1) shall not apply to an individual medically
determined to have a disabling burn injury (as so described) if--
``(A) on the date such injury occurred such individual was
covered under a group health plan (as defined in section 2791
of the Public Health Service Act) or had health insurance
coverage (as defined in such section), regardless of the extent
to which such plan or coverage provides benefits with respect
to such injury; or
``(B) after the date of the enactment of the Social
Security and Medicare Improved Burn Injury Treatment Access Act
of 2009, the terms and conditions of coverage, with respect to
such injury, under the State plan under title XIX of the State
in which the individual resides are more restrictive than such
terms and conditions as of the day before such date of
enactment.
``(3) For purposes of applying paragraph (1) in the case of an
individual medically determined to have a disabling burn injury (as so
described), in determining when an individual's entitlement or status
terminates, the status of the individual's disability shall be reviewed
at least once every 3 years.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to benefits under title XVIII of the Social Security Act with
respect to items and services furnished in months beginning after the
date of the enactment of this Act. | Social Security and Medicare Improved Burn Injury Treatment Access Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Commissioner of Social Security to waive the application of the five-month Social Security disability waiting period in cases of individuals with disabling burn injuries.
Eliminates the 24-month Medicare disability waiting period in cases of individuals with disabling burn injuries, except those with specified health care insurance coverage. Requires that, in determining when the entitlement or status of an individual with a disabling burn injury terminates, the status of the disability be reviewed at least once every three years. | {"src": "billsum_train", "title": "To amend the Social Security Act to eliminate the 5-month waiting period for Social Security disability and the 24-month waiting period for Medicare benefits in the cases of individuals with disabling burn injuries."} | 2,384 | 148 | 0.480179 | 1.403631 | 0.599108 | 4.12 | 17.12 | 0.904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Tip-overs of Unstable, Risky
Dressers on Youth Act'' or the ``STURDY Act''.
SEC. 2. CONSUMER PRODUCT SAFETY STANDARD TO PROTECT AGAINST TIP-OVER OF
FREE-STANDING CLOTHING STORAGE UNITS.
(a) Free-Standing Clothing Storage Unit Defined.--In this section,
the term ``free-standing clothing storage unit'' means any piece of
furniture manufactured in the United States or imported for use in the
United States that is intended for the storage of clothing, including
furniture items that--
(1) are commonly referred to as a chest, door chest, chest
of drawers, dresser, or bureau; or
(2) may contain a chest, door chest, chest of drawers,
dresser, or bureau.
(b) Consumer Product Safety Standard Required.--
(1) In general.--Except as provided in subsection (c)(1),
not later than 540 days after the date of the enactment of this
Act, the Consumer Product Safety Commission shall promulgate,
in accordance with section 553 of title 5, United States Code,
a final consumer product safety standard for free-standing
clothing storage units to protect children from tip-over-
related death or injury.
(2) Treatment of standard.--A consumer product safety
standard promulgated under paragraph (1) shall be treated as a
consumer product safety rule promulgated under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058).
(c) ASTM Standard.--
(1) In general.--Subsection (b)(1) shall not apply if the
Commission determines that a voluntary ASTM standard relating
to free-standing clothing storage units--
(A) adequately protects children from tip-over-
related death or injury from free-standing clothing
storage units;
(B) is or will be published not later than 180 days
after the date of the enactment of this Act;
(C) was developed by Subcommittee F15.42 on
Furniture Safety of ASTM International; and
(D) is likely to be substantially complied with by
furniture manufacturers.
(2) Publication of determination.--The Commission shall
publish each determination made under paragraph (1) in the
Federal Register.
(3) Treatment of astm standard for purposes of
enforcement.--If the Commission determines that a voluntary
ASTM standard meets all of the conditions described in
paragraph (1), the requirements of such ASTM standard shall be
treated as a consumer product safety rule promulgated under
section 9 of the Consumer Product Safety Act (15 U.S.C. 2058)
beginning 180 days after the date on which the Commission's
determination is published under paragraph (2).
(4) Revision of astm standard.--
(A) In general.--If ASTM International revises an
ASTM standard after the Commission makes a
determination under paragraph (1) with respect to such
standard, ASTM International shall notify the
Commission not later than 60 days after the final
version of such revised standard is published.
(B) Treatment of revised astm standard.--
(i) In general.--Except as provided in
clause (ii), the requirements of the revised
standard described in subparagraph (A) shall
become enforceable as a rule promulgated under
section 9 of the Consumer Product Safety Act
(15 U.S.C. 2058), instead of the prior version
of such standard, beginning on--
(I) the date that is 180 days after
the date on which ASTM International
notifies the Commission of such
revision; or
(II) such later date as the
Commission considers appropriate.
(ii) Nonconforming astm standards.--If the
Commission determines, not later than 90 days
after the date on which ASTM International
notifies the Commission of a revised ASTM
standard, that the requirements of the revised
ASTM standard do not improve the safety of the
consumer product covered by the standard with
respect to the condition described in paragraph
(1)(A), the Commission shall continue to
enforce the prior version of such standard in
accordance with paragraph (3).
(d) Subsequent Rulemaking.--
(1) In general.--At any time subsequent to the publication
of a consumer product safety standard under subsection (b)(1)
or a determination regarding an ASTM standard under subsection
(c)(1), the Commission may initiate a rulemaking, in accordance
with section 553 of title 5, United States Code--
(A) to modify the requirements of the consumer
product safety standard described in subsection (b)(1)
or (c)(1); or
(B) to include any additional provision in such
consumer product safety standard that the Commission
determines is reasonably necessary to protect public
health or safety.
(2) Treatment of rules.--Any rule promulgated under
paragraph (1) shall be treated as a consumer product safety
rule promulgated under section 9 of the Consumer Product Safety
Act (15 U.S.C. 2058). | Stop Tip-overs of Unstable, Risky Dressers on Youth Act or the STURDY Act This bill requires the Consumer Product Safety Commission (CPSC) to promulgate a final consumer product safety standard for free-standing clothing storage units (furniture items referred to as, or that may contain, a chest, door chest, chest of drawers, dresser, or bureau) to protect children from tip-over-related death or injury, unless the CPSC determines that a voluntary ASTM (American Society for Testing and Materials) International standard adequately protects children and is likely to be complied with by furniture manufacturers. If an ASTM standard meets the CPSC's requirements, the standard shall be treated as a consumer product safety rule. | {"src": "billsum_train", "title": "STURDY Act"} | 1,098 | 170 | 0.693296 | 2.032794 | 0.819988 | 4.160584 | 7.167883 | 0.919708 |
SECTION 1. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN PROPERTY ACQUIRED
AFTER AUGUST 28, 2005, AND BEFORE DECEMBER 31, 2008.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following new subsection:
``(l) Special Allowance for Certain Property Acquired After August
28, 2005, and Before December 31, 2008.--
``(1) Additional allowance.--In the case of any qualified
property--
``(A) the depreciation deduction provided by
section 167(a) for the taxable year in which such
property is placed in service shall include an
allowance equal to 30 percent of the adjusted basis of
the qualified property, and
``(B) the adjusted basis of the qualified property
shall be reduced by the amount of such deduction before
computing the amount otherwise allowable as a
depreciation deduction under this chapter for such
taxable year and any subsequent taxable year.
``(2) Qualified property.--For purposes of this
subsection--
``(A) In general.--The term `qualified property'
means property--
``(i)(I) to which this section applies
which has a recovery period of 20 years or
less,
``(II) which is water utility property, or
``(III) which is computer software (as
defined in section 167(f)(1)(B)) for which a
deduction is allowable under section 167(a)
without regard to this subsection,
``(ii) the original use of which commences
with the taxpayer after August 28, 2005,
``(iii) which is--
``(I) acquired by the taxpayer
after August 28, 2005, and before
December 31, 2008, but only if no
written binding contract for the
acquisition was in effect before August
29, 2005, or
``(II) acquired by the taxpayer
pursuant to a written binding contract
which was entered into after August 28,
2005, and before December 31, 2008, and
``(iv) which is placed in service by the
taxpayer before January 1, 2009, or, in the
case of property described in subparagraph (B),
before January 1, 2010.
``(B) Certain property having longer depreciation
periods treated as qualified property.--
``(i) In general.--The term `qualified
property' includes property--
``(I) which meets the requirements
of clauses (i), (ii), and (iii) of
subparagraph (A),
``(II) which has a recovery period
of at least 10 years or is
transportation property,
``(III) which is subject to section
263A, and
``(IV) meets the requirements of
clause (ii) or (iii) of subsection
(f)(1)(B) (determined as if such
clauses also apply to property which
has a long useful life (within the
meaning of section 263A(f))).
``(ii) Only pre-december 31, 2008, basis
eligible for additional allowance.--In the case
of property which is qualified property solely
by reason of clause (i), paragraph (1) shall
apply only to the extent of the adjusted basis
thereof attributable to manufacture,
construction, or production before December 31,
2008.
``(iii) Transportation property.--For
purposes of this subparagraph, the term
`transportation property' means tangible
personal property used in the trade or business
of transporting persons or property.
``(C) Exceptions.--
``(i) Alternative depreciation property.--
The term `qualified property' shall not include
any property to which the alternative
depreciation system under subsection (g)
applies, determined--
``(I) without regard to paragraph
(7) of subsection (g) (relating to
election to have system apply), and
``(II) after application of section
280F(b) (relating to listed property
with limited business use).
``(ii) Election out.--If a taxpayer makes
an election under this clause with respect to
any class of property for any taxable year,
this subsection shall not apply to all property
in such class placed in service during such
taxable year.
``(iii) Qualified leasehold improvement
property.--The term `qualified property' shall
not include any qualified leasehold improvement
property (as defined in section 168(e)(6)).
``(D) Special rules.--
``(i) Self-constructed property.--In the
case of a taxpayer manufacturing, constructing,
or producing property for the taxpayer's own
use, the requirements of clause (iii) of
subparagraph (A) shall be treated as met if the
taxpayer begins manufacturing, constructing, or
producing the property after August 28, 2005,
and before December 31, 2008.
``(ii) Sale-leasebacks.--For purposes of
subparagraph (A)(ii), if property--
``(I) is originally placed in
service after August 28, 2005, by a
person, and
``(II) sold and leased back by such
person within 3 months after the date
such property was originally placed in
service,
such property shall be treated as originally
placed in service not earlier than the date on
which such property is used under the leaseback
referred to in subclause (II).
``(E) Coordination with section 280f.--For purposes
of section 280F--
``(i) Automobiles.--In the case of a
passenger automobile (as defined in section
280F(d)(5)) which is qualified property, the
Secretary shall increase the limitation under
section 280F(a)(1)(A)(i) by $4,600.
``(ii) Listed property.--The deduction
allowable under paragraph (1) shall be taken
into account in computing any recapture amount
under section 280F(b)(2).
``(F) Deduction allowed in computing minimum tax.--
For purposes of determining alternative minimum taxable
income under section 55, the deduction under subsection
(a) for qualified property shall be determined under
this section without regard to any adjustment under
section 56.''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after August 28, 2005, in taxable
years ending after such date. | Amends the Internal Revenue Code to allow an additional depreciation deduction for certain business property, including water utility property and computer software, acquired after August 28, 2005, and before December 31, 2008. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a special depreciation allowance for certain property acquired during the 3-year period beginning August 29, 2005."} | 1,420 | 41 | 0.603121 | 1.37928 | 0.470946 | 4.657895 | 34 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing and Worker
Protection Act of 2014''.
SEC. 2. DISTRIBUTION OF COUNTERVAILING AND ANTIDUMPING DUTIES.
(a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) is amended by inserting after section 753 the following:
``SEC. 754. DISTRIBUTION OF CERTAIN DUTIES TO AFFECTED DOMESTIC
PRODUCERS AND EMPLOYEES.
``(a) Definitions.--In this section:
``(1) Affected domestic producer.--
``(A) In general.--Subject to subparagraph (B), the
term `affected domestic producer' means any
manufacturer or producer that--
``(i) was a petitioner or interested party
in support of the petition with respect to
which an antidumping duty order, a finding
under the Antidumping Act of 1921, or a
countervailing duty order has been entered; and
``(ii) remains in operation.
``(B) Exception.--Any company, business, or person
that has ceased the production of the product covered
by the order or finding described in subparagraph (A)
or who has been acquired by a company or business that
is related to a company that opposed the investigation
pursuant to which the order or finding under
subparagraph (A) was issued shall not be an affected
domestic producer.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner responsible for U.S. Customs and Border
Protection.
``(3) Commission.--The term `Commission' means the United
States International Trade Commission.
``(4) Eligible employee.--
``(A) In general.--An individual is an `eligible
employee' of an affected domestic producer if the
individual--
``(i) has been totally or partially
separated from employment with that affected
domestic producer because of dumping or a
subsidy pursuant to which the antidumping order
or finding, or the countervailing duty order,
described in paragraph (1)(A)(i) was entered;
or
``(ii) is an employee of the affected
domestic producer at the time a distribution is
made under subsection (b) and was such an
employee continuously from a date that preceded
the date on which the antidumping order or
finding, or the countervailing duty order,
described in paragraph (1)(A)(i) was entered.
``(B) Exclusion.--An executive officer of an
affected domestic producer is not an eligible employee
of that producer.
``(C) Executive officer defined.--The term
`executive officer' means, with respect to an affected
domestic producer, the chairman of the board of
directors, chief executive officer, chief financial
officer, president, or vice chairman, any executive
vice president, and any senior vice president in charge
of a principal business unit, division, or function.
``(5) Partially separated.--The term `partially separated'
means, with respect to an employee who has not been totally
separated, that the employee has had--
``(A) the employee's hours of work reduced to 80
percent or less of the employee's average weekly hours
because of dumping or a subsidy pursuant to which an
antidumping order or finding, or a countervailing duty
order, described in paragraph (1)(A)(i), was entered;
and
``(B) the employee's wages reduced to 80 percent or
less of the employee's average weekly wage because of
dumping or a subsidy pursuant to which such antidumping
order or finding, or countervailing duty order, was
entered.
``(6) Qualifying expenditure.--The term `qualifying
expenditure' means an expenditure incurred by an affected
domestic producer after the issuance of the antidumping duty
finding or order, or countervailing duty order, described in
paragraph (1)(A)(i) in any of the following categories:
``(A) Manufacturing facilities.
``(B) Equipment.
``(C) Research and development.
``(D) Personnel training.
``(E) Acquisition of technology.
``(F) Health care benefits to employees paid for by
the employer.
``(G) Pension benefits to employees paid for by the
employer.
``(H) Environmental equipment, training, or
technology.
``(I) Acquisition of raw materials and other
inputs.
``(J) Working capital or other funds needed to
maintain production.
``(7) Related to.--
``(A) In general.--A company, business, or person
shall be considered to be `related to' another company,
business, or person if--
``(i) the company, business, or person
directly or indirectly controls or is
controlled by the other company, business, or
person;
``(ii) a third party directly or indirectly
controls both companies, businesses, or
persons; or
``(iii) both companies, businesses, or
persons directly or indirectly control a third
party and there is reason to believe that the
relationship causes the first company,
business, or persons to act differently than a
nonrelated party.
``(B) Control.--For purposes of subparagraph (A), a
party shall be considered to directly or indirectly
control another party if the party is legally or
operationally in a position to exercise restraint or
direction over the other party.
``(8) Totally separated.--The term `totally separated'
means the layoff or severance of an individual from employment
with an affected domestic producer because of dumping or a
subsidy pursuant to which an antidumping order or finding, or
the countervailing duty order, described in paragraph (1)(A)(i)
was entered.
``(b) In General.--Duties assessed pursuant to a countervailing
duty order, an antidumping duty order, or a finding under the
Antidumping Act of 1921 shall be distributed on a semiannual basis
under this section to the affected domestic producers for qualifying
expenditures and cash to eligible employees. Such distribution shall be
known as the `antidumping and subsidy protection amount'. Of each such
distribution, not more than 10 percent may be used for administrative
expenses. Of the remainder, 40 percent shall be distributed to eligible
employees of each affected domestic producer to which a distribution is
made as provided in this section, and 50 percent shall be distributed
for qualifying expenditures of such affected domestic producer.
``(c) Distribution Procedures.--The Commissioner shall prescribe
procedures for distribution of the antidumping and subsidy protection
amount required by this section. Such procedures shall require each
affected producer to whom a distribution is to be made under this
section to distribute the portion required for eligible employees in
equal amounts to all such employees. Each distribution under this
section shall be made not later than 60 days after the last day of each
6-month period of a fiscal year from duties assessed during that 6-
month period.
``(d) Parties Eligible for Distribution of Antidumping and
Countervailing Duties Assessed.--
``(1) List of affected domestic producers.--The Commission
shall forward to the Commissioner, within 45 days after the
effective date of the American Manufacturing and Worker
Protection Act of 2014 in the case of orders or findings in
effect on that date or, in any other case, within 45 days after
the date on which an antidumping or countervailing duty order
or finding is issued, a list of petitioners and persons with
respect to each order and finding and a list of persons that
indicate support of the petition by letter or through
questionnaire response. In those cases in which a determination
of injury was not required or the Commission's records do not
permit an identification of those in support of a petition, the
Commission shall consult with the administering authority to
determine the identity of the petitioner and those domestic
parties who have entered appearances during administrative
reviews conducted by the administering authority under section
751.
``(2) Publication of list; certification.--The Commissioner
shall publish in the Federal Register, at least 30 days before
the distribution of an antidumping and subsidy protection
amount is made, a notice of intention to distribute the
antidumping and subsidy protection amount and the list of
affected domestic producers potentially eligible for the
distribution based on the list obtained from the Commission
under paragraph (1). The Commissioner shall request a
certification from each potentially eligible affected domestic
producer--
``(A) that the producer desires to receive a
distribution;
``(B) that the producer is eligible to receive the
distribution as an affected domestic producer;
``(C) the qualifying expenditures incurred by the
producer since the issuance of the order or finding for
which distribution under this section has not
previously been made; and
``(D) the eligible employees to whom the
distribution is to be made.
``(3) Distribution of funds.--The Commissioner shall
distribute all funds (including all interest earned on the
funds) from assessed duties received in a fiscal year to
affected domestic producers based on the certifications
described in paragraph (2). The distributions shall be made on
a pro rata basis based on new and remaining qualifying
expenditures and the number of eligible employees to whom
distributions are to be made.
``(e) Special Accounts.--
``(1) Establishments.--Within 14 days after the effective
date of the American Manufacturing and Worker Protection Act of
2014, with respect to antidumping duty orders and findings and
countervailing duty orders in effect on that effective date,
and within 14 days after the effective date of an antidumping
duty order or finding or countervailing duty order issued after
the effective date of that Act, the Commissioner shall
establish in the Treasury of the United States a special
account with respect to each such order or finding.
``(2) Deposits into accounts.--The Commissioner shall
deposit into the special accounts all antidumping or
countervailing duties (including interest earned on such
duties) that are assessed on or after the effective date of the
American Manufacturing and Worker Protection Act of 2014 under
the antidumping duty order or finding or the countervailing
duty order with respect to which the account was established.
``(3) Time and manner of distributions.--Consistent with
the requirements of subsections (c) and (d), the Commissioner
shall by regulation prescribe the time and manner in which
distribution of the funds in a special account shall be made.
``(4) Termination.--
``(A) Termination.--If--
``(i) the order or finding with respect to
which a special account was established has
terminated,
``(ii) all entries relating to the order or
finding have been liquidated and duties
assessed collected, and
``(iii) the Commissioner has provided
notice and a final opportunity to obtain a
distribution pursuant to subsection (c),
then the special account shall terminate upon the
expiration of the 90-day period beginning on the date
of the notice described in clause (iii)
``(B) Unclaimed amounts.--Amounts not claimed
within the 90-day period described in subparagraph (A)
shall be deposited into the general fund of the
Treasury.
``(f) Reports to Congress.--The Commissioner shall submit to
Congress, not later than December 31 of each year, a report on the
implementation of this section for antidumping and countervailing duty
assessments made during the preceding fiscal year, and any
recommendations the Commissioner may have with respect to such
implementation. The report shall also include any findings of the
Commission with respect to any waste, fraud, or abuse in the program
established by this section.''.
(b) Conforming Amendment.--The table of contents for title VII of
the Tariff Act of 1930 is amended by inserting after the item relating
to section 753 the following new item:
``Sec. 754. Distribution of certain duties to affected domestic
producers and employees.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2014, and shall apply with respect to all
antidumping and countervailing duty assessments made on or after that
date.
SEC. 3. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3438), the amendments made by this Act
shall apply with respect to goods from Canada and Mexico. | American Manufacturing and Worker Protection Act of 2014 - Amends the Tariff Act of 1930 to direct the Commissioner of the U.S. Customs and Border Protection (CBP) to distribute semiannually all funds (including any interest earned) from duties assessed pursuant to a countervailing duty order or antidumping duty order or finding (antidumping and subsidy protection amount) to affected domestic producers for qualifying expenditures and cash to eligible employees. Defines "affected domestic producer" to mean a currently operating manufacturer or producer that was a petitioner or interested party in support of a petition for which an antidumping duty order, finding, or countervailing duty order has been entered. Defines "eligible employee" of an affected domestic producer as an individual who: (1) has been totally or partially separated from employment with that producer because of dumping or a subsidy for which an antidumping duty order, finding, or countervailing duty order has been entered; or (2) is an employee of the affected domestic producer at the time a distribution is made. Defines "qualifying expenditures" to mean certain expenditures incurred by an affected domestic producer after the issuance of an antidumping duty order, finding, or countervailing duty order. Requires the CBP Commissioner to establish in the Treasury a special account for each such order or finding and to deposit in those accounts all funds (including any interest earned) from antidumping or countervailing duties assessed on or after October 1, 2014. Declares that the requirements of this Act shall apply with respect to goods from Canada and Mexico. | {"src": "billsum_train", "title": "American Manufacturing and Worker Protection Act of 2014"} | 2,745 | 356 | 0.704784 | 2.378685 | 0.881929 | 4.021053 | 8.908772 | 0.919298 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Runaway, Homeless, and Missing
Children Protection Act''.
TITLE I--AMENDMENTS TO RUNAWAY AND HOMELESS YOUTH ACT
SEC. 101. AMENDMENT TO FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701)
is amended to read as follows:
``SEC. 302. FINDINGS.
``The Congress finds that--
``(1) youth who have become homeless or who leave and
remain away from home without parental permission, are at risk
of developing, and have a disproportionate share of, serious
health, behavioral, and emotional problems because they lack
sufficient resources to obtain care and may live on the street
for extended periods thereby endangering themselves and
creating a substantial law enforcement problem for communities
in which they congregate;
``(2) many such young people, because of their age and
situation, are urgently in need of temporary shelter and
services, including services that are linguistically
appropriate and acknowledge the environment of youth seeking
these services;
``(3) in view of the interstate nature of the problem, it
is the responsibility of the Federal Government to develop an
accurate national reporting system to report the problem, and
to assist in the development of an effective system of care
(including preventive and aftercare services, emergency shelter
services, extended residential shelter, and street outreach
services) outside the welfare system and the law enforcement
system;
``(4) to make a successful transition to adulthood, runaway
youth, homeless youth, and other street youth need
opportunities to complete high school or earn a general
equivalency degree, learn job skills, and obtain employment;
and
``(5) improved coordination and collaboration between the
Federal programs that serve runaway and homeless youth are
necessary for the development of a long-term strategy for
responding to the needs of this population.''.
SEC. 102. GRANT PROGRAM CONFORMING AMENDMENT.
The heading for part A of the Runaway and Homeless Youth Act (42
U.S.C. 5711 et seq.) is amended by striking ``Runaway and Homeless
Youth'' and inserting ``Basic Center''.
SEC. 103. GRANTS FOR SERVICES PROVIDED.
Section 311(a)(2)(C) of the Runaway and Homeless Youth Act (42
U.S.C. 5711(a)(2)(C)) is amended--
(1) in clause (ii) by striking ``and'';
(2) in clause (iii) by striking the period and inserting
``; and''; and
(3) after clause (iii) by inserting the following:
``(iv) at the request of runaway and
homeless youth, testing for sexually
transmitted diseases.''.
SEC. 104. REPEAL OF OBSOLETE PROVISION RELATING TO CERTAIN ALLOTMENTS.
Section 311(b) the Runaway and Homeless Youth Act (42 U.S.C.
5711(b)) is amended--
(1) in paragraph (2), by striking ``Subject to paragraph
(3), the'' and inserting ``The'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
SEC. 105. ELIGIBILITY PROVISION.
Section 312(a) of the Runaway and Homeless Youth Act (42 U.S.C.
5712(a)) is amended by striking ``juveniles'' each place it appears and
inserting ``youth''.
SEC. 106. RECOGNITION OF STATE LAW RELATING TO CAPACITY LIMITATION ON
ELIGIBLE RUNAWAY AND HOMELESS YOUTH CENTERS.
Section 312(b)(2)(A) of the Runaway and Homeless Youth Act (42
U.S.C. 5712(b)(2)(A)) is amended by inserting after ``youth'' the
following: ``, except where the applicant assures that the State where
the center or locally controlled facility is located has a State or
local law or regulation that requires a higher maximum to comply with
licensure requirements for child and youth serving facilities''.
SEC. 107. MATERNITY GROUP HOMES.
(a) Eligibility.--Section 322(a)(1) of the Runaway and Homeless
Youth Act (42 U.S.C. 5714-2(a)(1)) is amended--
(1) by inserting after ``group homes,'' the following:
``including maternity group homes,''; and
(2) by inserting after ``use of credit,'' the following:
``parenting skills (as appropriate),''.
(b) Definition.--Section 322 of the Runaway and Homeless Youth Act
(42 U.S.C. 5714-2) is amended by adding at the end the following new
subsection:
``(c) Definition.--In this part, the term `maternity group home'
means a community-based, adult-supervised transitional living
arrangement that provides pregnant or parenting youth and their
children with a supportive and supervised living arrangement in which
such pregnant or parenting youth are required to learn parenting
skills, including child development, family budgeting, health and
nutrition, and other skills to promote their long-term economic
independence in order to ensure the well-being of their children.''.
SEC. 108. LIMITED EXTENSION OF 540-DAY SHELTER ELIGIBILITY PERIOD.
Section 322(a)(2) of the Runaway and Homeless Youth Act (42 U.S.C.
5714-2(a)(2)) is amended by inserting after ``days'' the following: ``,
except that a youth in a program under this part who is under the age
of 18 years on the last day of the 540-day period may, if otherwise
qualified for the program, remain in the program until the earlier of
the youth's 18th birthday or the 180th day after the end of the 540-day
period''.
SEC. 109. PART A PLAN COORDINATION ASSURANCES.
Section 312(b)(4)(B) of the Runaway and Homeless Youth Act (42
U.S.C. 5712(b)(4)(B)) is amended by striking ``personnel'' and all that
follows through the semicolon and inserting ``McKinney-Vento school
district liaisons, designated under section 722(g)(1)(J)(ii) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)),
to assure that runaway and homeless youth are provided information
about the educational services available to such youth under subtitle B
of title VII of that Act;''.
SEC. 110. PART B PLAN COORDINATION AGREEMENT.
Section 322(a) of the Runaway and Homeless Youth Act (42 U.S.C.
5714-2(a)) is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (13);
(2) by striking the period at the end of paragraph (14) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(15) to coordinate services with McKinney-Vento school
district liaisons, designated under section 722(g)(1)(J)(ii) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11432(g)(1)(J)(ii)), to assure that runaway and homeless youth
are provided information about the educational services
available to such youth under subtitle B of title VII of that
Act.''.
SEC. 111. PART B PLAN DEVELOPMENT.
Section 322(a)(7) of the Runaway and Homeless Youth Act (42 U.S.C.
5714-2(a)(7)) is amended to read as follows:
``(7) to develop an adequate plan to ensure proper referral
of homeless youth to social service, law enforcement,
educational (including post-secondary education), vocational,
training (including services and programs for youth available
under the Workforce Investment Act of 1998), welfare (including
programs under the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996), legal service, and health care
programs and to help integrate and coordinate such services for
youths;''.
SEC. 112. COORDINATION OF PROGRAMS.
Section 341 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-
21) is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) shall consult, as appropriate, the Secretary of
Housing and Urban Development to ensure coordination of
programs and services for homeless youth.''.
SEC. 113. CLARIFICATION OF GRANT AUTHORITY.
Section 343(a) of the Runaway and Homeless Youth Act (42 U.S.C.
5714-23(a)) is amended by inserting after ``service projects'' the
following: ``regarding activities under this title''.
SEC. 114. TECHNICAL AMENDMENT RELATING TO DEMONSTRATION PROJECTS.
The section heading of section 344 of the Runaway and Homeless
Youth Act (42 U.S.C. 5714-24) is amended by striking ``temporary''.
SEC. 115. REPEAL OF OBSOLETE PROVISION RELATING TO STUDY.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is
amended by striking section 345 (42 U.S.C. 5714-25).
SEC. 116. AGE LIMIT FOR HOMELESS YOUTH.
Section 387(3)(A)(i) of the Runaway and Homeless Youth Act (42
U.S.C. 5732a(3)(A)(i)) is amended by inserting after ``of age'' the
following: ``, or, in the case of a youth seeking shelter in a center
under part A, not more than 18 years of age''.
SEC. 117. AUTHORIZATION OF APPROPRIATIONS.
(a) Other Than Part E.--Section 388(a)(1) of the Runaway and
Homeless Youth Act (42 U.S.C. 5751(a)(1)) is amended by striking ``such
sums as may be necessary for fiscal years 2000, 2001, 2002, and 2003''
and inserting ``$105,000,000 for fiscal year 2004, and such sums as may
be necessary for fiscal years 2005, 2006, 2007, and 2008''.
(b) Part E.--Section 388(a)(4) of the Runaway and Homeless Youth
Act (42 U.S.C. 5751(a)(4)) is amended by striking ``2000, 2001, 2002,
and 2003'' and inserting ``2004, 2005, 2006, 2007, and 2008''.
(c) Part B Allocation.--Section 388(a)(2)(B) of the Runaway and
Homeless Youth Act (42 U.S.C. 5751(a)(2)(B)) is amended by striking
``not less than 20 percent, and not more than 30 percent'' and
inserting ``45 percent and, in those fiscal years in which continuation
grant obligations and the quality and number of applicants for parts A
and B warrant not more than 55 percent''.
SEC. 118. REPORT ON PROMISING STRATEGIES TO END YOUTH HOMELESSNESS.
Not later than 2 years after the date of the enactment of this Act,
the Secretary of Health and Human Services, in consultation with the
United States Interagency Council on Homelessness, shall submit to the
Congress a report on promising strategies to end youth homelessness.
SEC. 119. STUDY OF HOUSING SERVICES AND STRATEGIES.
The Secretary of Health and Human Services shall conduct a study of
programs funded under part B of the Runaway and Homeless Youth Act (42
U.S.C. 5714-1 et seq.) to report on long-term housing outcomes for
youth after exiting the program. The study of any such program should
provide information on housing services available to youth upon exiting
the program, including assistance in locating and retaining permanent
housing and referrals to other residential programs. In addition, the
study should identify housing models and placement strategies that
prevent future episodes of homelessness.
SEC. 120. RESTRICTION ON USE OF FUNDS.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.) is
amended by adding at the end the following new section:
``SEC. 389. RESTRICTION ON USE OF FUNDS.
``(a) In General.--None of the funds contained in this title may be
used for any program of distributing sterile needles or syringes for
the hypodermic injection of any illegal drug.
``(b) Separate Accounting.--Any individual or entity who receives
any funds contained in this title and who carries out any program
described in subsection (a) shall account for all funds used for such
program separately from any funds contained in this title.''.
TITLE II--AMENDMENTS TO MISSING CHILDREN'S ASSISTANCE ACT
SEC. 201. AMENDMENT TO FINDINGS.
Section 402 of the Missing Children's Assistance Act (42 U.S.C.
5771) is amended to read as follows:
``SEC. 402. FINDINGS.
``The Congress finds that--
``(1) each year thousands of children are abducted or
removed from the control of a parent having legal custody
without such parent's consent, under circumstances which
immediately place the child in grave danger;
``(2) many missing children are at great risk of both
physical harm and sexual exploitation;
``(3) in many cases, parents and local law enforcement
officials have neither the resources nor the expertise to mount
expanded search efforts;
``(4) abducted children are frequently moved from one
locality to another, requiring the cooperation and coordination
of local, State, and Federal law enforcement efforts;
``(5) the National Center for Missing and Exploited
Children--
``(A) serves as the national resource center and
clearinghouse;
``(B) works in partnership with the Department of
Justice, the Federal Bureau of Investigation, the
Department of the Treasury, the Department of State,
and many other agencies in the effort to find missing
children and prevent child victimization; and
``(C) operates a national and increasingly
worldwide network, linking the Center online with each
of the missing children clearinghouses operated by the
50 States, the District of Columbia, and Puerto Rico,
as well as with Scotland Yard in the United Kingdom,
the Royal Canadian Mounted Police, INTERPOL
headquarters in Lyon, France, and others, which enable
the Center to transmit images and information regarding
missing children to law enforcement across the United
States and around the world instantly.''.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
(a) Annual Grant to National Center for Missing and Exploited
Children.--Section 404(b)(2) of the Missing Children's Assistance Act
(42 U.S.C. 5773(b)(2)) is amended by striking ``2005'' and inserting
``2008''.
(b) In General.--Section 408(a) of the Missing Children's
Assistance Act (42 U.S.C. 5777(a)) is amended by striking ``2005.'' and
inserting ``2008''.
Passed the Senate September 26, 2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 1451
_______________________________________________________________________
AN ACT
To reauthorize programs under the Runaway and Homeless Youth Act and
the Missing Children's Assistance Act, and for other purposes. | Runaway, Homeless, and Missing Children Protection Act - Amends the Runaway and Homeless Youth Act (RHYA) and the Missing Children's Assistance Act (MCAA) to reauthorize and revise programs under such Acts.
Title I: Amendments to Runaway and Homeless Youth Act - (Sec. 102) Renames RHYA part A as the Basic Center Grant Program (currently Runaway and Homeless Youth Grant Program).(Sec. 103) Includes testing for sexually transmitted diseases, at the request of runaway and homeless youth, among the services which local basic centers may provide.(Sec. 106) Provides for an exception to a 20-youth-maximum-capacity requirement for funding a basic center, or a locally controlled temporary shelter, if the applicant assures that there is a State or local law or regulation that requires a higher maximum to comply with licensure requirements for children and youth serving facilities. (Sec. 107) Includes maternity group homes among the types of transitional living youth projects eligible for grants under part B (Transitional Living Grant Program) of RHYA. (Sec. 108) Extends an individual youth's eligibility to remain in a transitional shelter beyond the regular 540-day period until the earlier of the youth's 18th birthday or the 180th day after the end of the 540-day period. (Sec. 109) Revises RHYA part A coordination assurance requirements to provide for coordinating services with school district liaisons designated under the McKinney-Vento Homeless Assistance Act to assure that runaway and homeless youth are provided information about the educational services available to such youth under such Act. (Sec. 110) Requires part B coordination agreements to also provide for coordinating services with McKinney-Vento school district liaisons. (Sec. 111) Requires part B plan development to include referral of homeless youth to: (1) postsecondary education; (2) training services and programs under the Workforce Investment Act of 1998; and (3) welfare programs under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (Sec. 112) Directs the Secretary of Health and Human Services (the Secretary) to consult the Secretary of Housing and Urban Development to ensure coordination of programs and services for homeless youth.(Sec. 116) Sets 18 years as the maximum age limit for youth seeking shelter in RHYA part A centers.(Sec. 117) Extends through FY 2008 the authorization of appropriations for programs under: (1) RHYA part E, Sexual Abuse Prevention Program; and (2) all other parts of RHYA. Increases to a minimum 45 percent, and a maximum 55 percent under certain conditions, the part B portion of funds allocated to parts A and B.(Sec. 118) Directs the Secretary to report on strategies to end youth homelessness.(Sec. 119) Directs the Secretary to evaluate RHYA part B programs to report on long-term housing outcomes for youth 12 to 18 months after exiting the program.(Sec. 120) Prohibits use of RHYA funds for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. Requires RHYA funds recipients who carry out such distribution programs to account for such program funds separately from RHYA funds. Title II: Amendments to Missing Children's Assistance Act - Amends MCAA to extend through FY 2008 the authorization of appropriations for: (1) an annual grant by the Administrator of the Office of Juvenile Justice and Delinquency Prevention (in the Department of Justice) to the National Center for Missing and Exploited Children (NCMEC); and (2) other programs under MCAA. | {"src": "billsum_train", "title": "A bill to reauthorize programs under the Runaway and Homeless Youth Act and the Missing Children's Assistance Act, and for other purposes."} | 3,718 | 857 | 0.55261 | 1.981029 | 0.738947 | 3.568389 | 4.651976 | 0.884498 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm Estate Tax Deferral Act
of 2010''.
SEC. 2. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND SO LONG AS
FARMLAND USE CONTINUES.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. EXCLUSION OF CERTAIN FARMLAND SO LONG AS USE AS FARMLAND
CONTINUES.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, the value of the gross estate shall not include
the adjusted value of qualified farmland included in the estate.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the executor elects the application of this section
and files an agreement referred to in section 2032A(d)(2),
``(2) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States,
``(3) the decedent for the 3-taxable-year period (10-
taxable-year period in the case of any qualified farmland which
is qualified woodland described in section 2032A(c)(2)(F)(i))
preceding the date of the decedent's death had an average
adjusted gross income not exceeding the average adjusted gross
income limitation applicable under subparagraphs (A) and (B) of
section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C.
1308-3a(b)(1)) (as in effect on such date),
``(4) 50 percent or more of the adjusted value of the gross
estate at the date of the decedent's death consists of real or
personal property which is used as a farm for farming purposes
(within the meaning of section 2032A(e)),
``(5) 25 percent or more of the adjusted value of the gross
estate consists of the adjusted value of qualified farmland
which is real property, and
``(6) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) the qualified farmland which is such real
property was owned by the decedent or a member of the
decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or a
member of the decedent's family in the operation of
such farmland.
Rules similar to the rules of paragraphs (4) and (5) of section
2032A(b) shall apply for purposes of subparagraph (B).
``(c) Definitions.--For purposes of this section--
``(1) Qualified farmland.--The term `qualified farmland'
means any real property which--
``(A) is located in the United States,
``(B) is used as a farm for farming purposes
(within the meaning of section 2032A(e)),
``(C) was acquired from or passed from the decedent
to a qualified heir of the decedent and which, on the
date of the decedent's death, was being so used by the
decedent or a member of the decedent's family, and
``(D) is property designated in the agreement filed
under subsection (b)(1).
``(2) Adjusted value.--The term `adjusted value' means the
value of farmland for purposes of this chapter (determined
without regard to this section), reduced by any amounts
allowable as a deduction in respect to such farmland under
paragraph (3) or (4) of section 2053(a).
``(3) Other terms.--Any other term used in this section
which is also used in section 2032A shall have the same meaning
given such term by section 2032A.
``(d) Tax Treatment of Dispositions and Failures To Use for Farming
Purposes.--
``(1) Imposition of recapture tax.--If, at any time after
the decedent's death and before the death of the qualified
heir--
``(A) the qualified heir disposes of any interest
in qualified farmland (other than by a disposition to a
member of his family), or
``(B) the qualified heir ceases to use the real
property which was acquired (or passed) from the
decedent as a farm for farming purposes,
then, there is hereby imposed a recapture tax.
``(2) Amount of recapture tax, etc.--
``(A) In general.--Except as provided in
subparagraph (B), rules similar to the rules of section
2032A(c) (other than paragraphs (1) and (2)(E) thereof)
with respect to the additional estate tax shall apply
for purposes of this subsection with respect to the
recapture tax.
``(B) Adjustment of recapture tax to reflect
increase in value of farmland.--The amount of the
recapture tax otherwise determined under rules
described in subparagraph (A) shall be increased by the
percentage (if any) by which the value of the interest
in the qualified farmland at the time of the imposition
of such tax is greater than the adjusted value of such
farmland included in the estate.
``(e) Application of Other Rules.--Rules similar to the rules of
subsections (d), (e) (other than paragraph (13) thereof), (f), (g),
(h), and (i) of section 2032A shall apply for purposes of this
section.''.
(b) Application of Lien.--Section 6324B of the Internal Revenue
Code of 1986 (relating to special lien for additional estate tax
attributable to farm, etc., valuation) is amended by adding at the end
the following new subsection:
``(e) Application to Qualified Farmland.--
``(1) In general.--In the case of any interest in qualified
farmland (within the meaning of section 2033A(c)(1)), this
section shall apply in the same manner as such section applies
to qualified real property.
``(2) Form and content.--In addition to any form and
content otherwise required by the Secretary with respect to a
notice of lien filed against qualified farmland, such notice
shall include a statement that such lien is imposed solely for
purposes of the estate tax exclusion granted with respect to
such qualified farmland under section 2033A.''.
(c) Woodlands Subject to Management Plan.--Paragraph (2) of section
2032A(c) of the Internal Revenue Code of 1986 is amended by adding at
the end the following new subparagraph:
``(F) Exception for woodlands subject to forest
stewardship plan.--
``(i) In general.--Subparagraph (E) shall
not apply to any disposition or severance of
standing timber on a qualified woodland that is
made pursuant to a forest stewardship plan
developed under the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2103a) or an
equivalent plan approved by the State Forester.
``(ii) Compliance with forest stewardship
plan.--Clause (i) shall not apply if, during
the 10-year period under paragraph (1), the
qualified heir fails to comply with such forest
stewardship plan or equivalent plan.''.
(d) Certain Conservation Transactions Not Treated as
Dispositions.--Paragraph (8) of section 2032A(c) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(8) Certain conservation transactions not treated as
dispositions.--
``(A) Qualified conservation contributions.--A
qualified conservation contribution by gift or
otherwise shall not be deemed a disposition under
subsection (c)(1)(A).
``(B) Qualified conservation easement sold to
qualified organization.--A sale of a qualified
conservation easement to a qualified organization shall
not be deemed a disposition under subsection (c)(1)(A).
``(C) Definitions.--For purposes of this
paragraph--
``(i) the terms `qualified conservation
contribution' and `qualified organization' have
the meanings given such terms by section
170(h), and
``(ii) the term `qualified conservation
easement' has the meaning given such term by
section 2031(c)(8).''.
(e) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of the Internal Revenue Code of 1986 is
amended by inserting after the item relating to section 2033 the
following new item:
``Sec. 2033A. Exclusion of certain farmland so long as use as farmland
continues.''.
(f) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 3. INCREASE IN LIMITATIONS ON THE AMOUNT EXCLUDED FROM THE GROSS
ESTATE WITH RESPECT TO LAND SUBJECT TO A QUALIFIED
CONSERVATION EASEMENT.
(a) Increase in Dollar Limitation on Exclusion.--Paragraph (3) of
section 2031(c) of the Internal Revenue Code of 1986 (relating to
exclusion limitation) is amended by striking ``the exclusion limitation
is'' and all that follows and inserting ``the exclusion limitation is
$5,000,000.''.
(b) Increase in Percentage of Value of Land Which Is Excludable.--
Paragraph (2) of section 2031(c) of the Internal Revenue Code of 1986
(relating to applicable percentage) is amended--
(1) by striking ``40 percent'' and inserting ``50
percent'', and
(2) by striking ``2 percentage points'' and inserting ``2.5
percentage points''.
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying after the date of the enactment
of this Act. | Family Farm Estate Tax Deferral Act of 2010 - Amends the Internal Revenue Code to: (1) exclude from the value of a decedent's gross estate farmland used by the decedent or a member of the decedent's family for farming purposes for periods aggregating five years or more during the eight-year period ending on the date of the decedent's death; (2) impose a recapture tax on an heir who disposes of such farmland after the decedent's death or who ceases to use such farmland for farming purposes; and (3) increase the limitation on the estate tax exclusion for land subject to a qualified conservation easement to $5 million and the percentage of the value of such land that is excludable. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to exempt certain farmland from the estate tax, and for other purposes."} | 2,324 | 166 | 0.600477 | 1.566199 | 0.730951 | 3.257353 | 14.470588 | 0.919118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Seafood Marketing and
Development Act of 2012''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The fishery resources of the United States are valuable
and renewable natural resources that provide a major source of
employment and contribute significantly to the food supply,
economy, and health of the United States.
(2) Increased consumption of seafood would provide
significant nutritional and health benefits for many people in
the United States and help to reduce childhood obesity.
(3) The fishery resources of the United States are not
fully developed and utilized because of underdeveloped markets.
(4) United States seafood companies have the potential to
expand their contribution to interstate and foreign commerce,
favorably affecting the balance of trade.
(5) A national program for marketing seafood is needed to
realize the full potential of the fishery resources of the
United States and to assure that the people of the United
States benefit from the employment, food supply, and revenue
that could be generated by such realization.
(b) Purposes.--The purposes of this Act are--
(1) to improve and expand markets for seafood and
strengthen the competitive position of the United States in
domestic and international markets;
(2) to encourage the sustainable development and
utilization of the seafood resources of the United States
through enhancement of markets, promotion, and public
education;
(3) to assist growers, harvesters, and processors in
improving the safety, traceability, quality, marketability, and
sustainability of United States seafood products;
(4) to assist growers, harvesters, and processors of United
States seafood products in the development and promotion of
markets for seafood and improve coordination of their marketing
activities; and
(5) to educate and inform consumers about the nutritional
and health benefits of seafood.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means a Regional Seafood
Marketing Board established under section 4.
(2) Consumer education.--The term ``consumer education''
means actions undertaken to inform consumers on matters related
to the consumption of seafood products.
(3) Fund.--The term ``Fund'' means the National Seafood
Marketing and Development Fund established by section 5.
(4) Grower.--The term ``grower'' means any person in the
business of growing or farming seafood.
(5) Harvester.--The term ``harvester'' means any person in
the business of harvesting seafood from the wild.
(6) Marketer.--The term ``marketer'' means any person in
the business of selling seafood in the wholesale, retail, or
restaurant trade, but whose primary business function is not
the processing or packaging of seafood in preparation for sale.
(7) Marketing and promotion.--The term ``marketing and
promotion'' means an activity aimed at encouraging the
consumption of seafood or expanding or maintaining commercial
markets for seafood.
(8) Person.--The term ``person'' means any individual,
group of individuals, partnership, corporation, association,
cooperative, or any private entity organized or existing under
the laws of the United States or any State, commonwealth,
territory, or possession of the United States.
(9) Processor.--The term ``processor'' means any person in
the business of preparing or packaging seafood (including
seafood of the processor's own harvesting) for sale.
(10) Research.--The term ``research'' means any study or
project designed to advance the image, desirability, usage,
marketability, production, or quality of seafood.
(11) Seafood.--The term ``seafood'' means farm-raised and
wild-caught fish or shellfish harvested in the United States or
by a United States flagged vessel for human consumption.
(12) Seafood industry.--The term ``seafood industry'' means
harvesters, marketers, growers, processors, and persons
providing them with goods and services.
(13) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Commerce.
(14) United states.--The term ``United States'', when used
in the geographic sense, means the several States, the District
of Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Northern Mariana Islands, and any other territory,
possession, or commonwealth of the United States.
SEC. 4. REGIONAL SEAFOOD MARKETING BOARDS.
(a) Establishment of Regional Seafood Marketing Boards.--Not later
than 90 days after the date of the enactment of this Act, the Secretary
shall establish Regional Seafood Marketing Boards as follows:
(1) Northeast atlantic board.--The Northeast Atlantic Board
shall consist of the following members:
(A) Twelve members from the State of Maine, New
Hampshire, Massachusetts, Rhode Island, or Connecticut.
(B) One member from the State of Vermont,
Minnesota, Wisconsin, Illinois, Michigan, Indiana, or
Ohio.
(2) Mid and south atlantic board.--The Mid and South
Atlantic Board shall consist of the following members:
(A) Twelve members from the State of New York, New
Jersey, Delaware, Pennsylvania, Maryland, Virginia,
North Carolina, South Carolina, or Georgia.
(B) One member from the State of West Virginia,
Kentucky, or Tennessee.
(3) Gulf and caribbean board.--The Gulf and Caribbean Board
shall consist of the following members:
(A) Twelve members from the State of Florida,
Alabama, Mississippi, Louisiana, or Texas, the
Commonwealth of Puerto Rico, or the territory of the
Virgin Islands.
(B) One member from the State of Oklahoma,
Arkansas, Missouri, Iowa, Nebraska, or Kansas.
(4) Pacific board.--The Pacific Board shall consist of the
following members:
(A) Twelve members from the State of Idaho,
Washington, Oregon, or California.
(B) One member from the State of Arizona, Nevada,
New Mexico, Utah, Colorado, Wyoming, Montana, North
Dakota, or South Dakota.
(5) West and north pacific board.--The West and North
Pacific Board shall consist of thirteen members from the State
of Alaska or Hawaii or the territory of Guam or American Samoa.
(b) Appointment of Members.--
(1) Nomination.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall solicit
nominations for members of each Board from the public.
(2) Consultation.--Prior to appointing an individual to the
Board, the Secretary shall consult with and seek the
recommendations of the Governors of the States in the
geographical area of the Board.
(3) Appointment.--Not later than 270 days after the date of
the enactment of this Act, the Secretary shall appoint the
members of each Board from among the nominees received under
paragraph (1) and the recommendations received under paragraph
(2).
(4) Member expertise.--The Secretary shall ensure that the
members of each Board fairly reflect the expertise and interest
of the seafood industry located in the geographical area of the
Board, and that the members of each Board include the
following:
(A) Three individuals with experience in
harvesting.
(B) Two individuals with experience in processing,
including one having experience with large processors
and one having experience with small processors.
(C) One individual with experience in
transportation and logistics.
(D) One individual with experience in mass market
food distribution.
(E) One individual with experience in mass market
food retail or food service.
(F) One individual with experience in the marketing
of seafood.
(G) One individual recommended by a regional or
State seafood marketing organization.
(H) One individual with experience in growing
seafood.
(I) Two individuals that represent the general
public and are familiar with the seafood industry as a
whole.
(5) Member terms.--
(A) In general.--The term for a member of a Board
shall be 3 years unless the Secretary designates a
shorter term to provide for staggered expirations of
terms of office.
(B) Term limits.--No member of a Board may serve
more than 3 consecutive terms, except that a member may
continue to serve on a Board beyond that member's term
until a successor is appointed.
(c) Vacancies.--
(1) Removal.--A Board may remove a member from the Board
for failure to attend 3 consecutive Board meetings without
reasonable excuse, or for other cause by not less than \2/3\ of
the members of the Board.
(2) Effect of vacancy.--A vacancy shall not affect the
ability of a Board to function.
(3) Subsequent appointment.--A vacancy on a Board shall be
filled by the manner in which the original appointment was
made.
(d) Per Diem and Expenses.--A member of a Board shall serve without
compensation, but shall be reimbursed in accordance with section 5703
of title 5, United States Code, for reasonable travel costs and
expenses incurred in performing duties as a member of a Board.
(e) Chairman.--Each Board shall elect a chairman by a majority of
those voting, if a quorum is present.
(f) Quorum.--A simple majority of members of a Board shall
constitute a quorum, but a lesser number may hold hearings.
(g) Executive Director, Staff, Administrative Assistance.--
(1) Executive director.--
(A) In general.--A Board may employ and determine
the salary of an executive director, but such salary
shall not exceed level II of the Executive Schedule
under section 5313 of title 5, United States Code.
(B) Selection criteria.--The individual selected as
the executive director shall have demonstrated
expertise in the marketing and promotion of food
products.
(2) Staff.--With the approval of the Board, the executive
director may select and employ additional staff as necessary
without regard to the provisions of title 5, United States
Code.
(3) Administrative assistance.--The Secretary shall provide
each Board such administrative assistance as requested by the
Board for purposes of its initial organization and operation.
(h) National Coordinating Committee.--
(1) Establishment.--The chairman and 2 members of each
Board shall establish a National Coordinating Committee--
(A) to exchange information and, if appropriate,
coordinate the activities of the Boards; and
(B) to conduct other business consistent with the
policies and purposes of this Act.
(2) Meeting.--The National Coordinating Committee shall
meet at least once each year.
(i) Voluntary Payments.--Any person may make a voluntary payment to
the Secretary to assist a Board in carrying out their marketing plans.
Such payments shall be disbursed to the appropriate Board from the
Fund.
(j) Annual Marketing Plan.--
(1) Requirement for plan.--Each Board may prepare an annual
marketing plan that describes the consumer education, research,
and other marketing activities of the Board for the following
year, including the selection procedures and criteria the Board
plans to use for the solicitation and awarding of grants and
its plans to coordinate its activities with those of the other
Boards established under this Act. Plans may include marketing
activities that reference a particular brand or trade name, and
may include projects designed to promote the consumption or
purchase of a specific seafood species or group of similar
seafood.
(2) Purpose.--The purpose of each annual marketing plan
shall be to--
(A) increase consumer demand for seafood;
(B) encourage, expand, or improve the marketing and
utilization of seafood; and
(C) improve consumer education, research, and other
marketing activities regarding seafood.
(k) Accounting.--
(1) Records.--Each Board shall maintain accounting records
of the receipt and disbursement of all funds of the Board,
which shall be subject to the review of the Secretary.
(2) Reports.--Each Board shall submit an annual report to
the Secretary, detailing the expenditures of the Board.
(3) Funds.--Each Board shall keep the monies distributed to
it from the Fund on deposit in appropriate interest-bearing
accounts that shall be established by the Board or invested in
obligations of, or guaranteed by, the United States. Any
revenue accruing from such deposits and investments shall be
available to the Board for carrying out its marketing plans.
(l) Limitations on Deceptive or Negative Marketing.--Consumer
education and other marketing and promotion activities of the Boards
shall avoid use of deceptive or negative acts or practices on behalf of
fish or fish products or with respect to the quality, value, or use of
any competing product or group of products.
(m) Grants.--
(1) Requirement to make.--Each Board shall make grants to
persons to carry out projects subject to such terms and
conditions as the Board may require, consistent with the
purposes of this Act and any marketing plan the Board has
adopted.
(2) Cost-sharing.--A grant made by a Board under paragraph
(1) may not exceed 50 percent of the total estimated cost of
the project. The remaining 50 percent shall be provided by the
grantee, which may include the value of in-kind contributions
from the grantee.
(3) Award.--Each Board shall award at least 10 percent of
the grant funds awarded by the Board under this paragraph each
year to minority-owned, veteran-owned, or small businesses.
(n) Conflict of Interest.--The conflict of interest and recusal
provisions set forth in section 302(j) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(j)) shall apply to any
decision by the Board and to all members of the Board as if each member
of the Board is an affected individual within the meaning of such
section 302(j), except that in addition to the disclosure requirements
of section 302(j)(2)(C) of such Act, (16 U.S.C. 1852(j)(2)(C)), each
Board member shall disclose any financial interest or relationship in
an organization or with an individual that is applying for funding from
the Board held by the Board member, including an interest as an
officer, director, trustee, partner, employee, contractor, agent, or
other representative.
SEC. 5. NATIONAL SEAFOOD MARKETING AND DEVELOPMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the National Seafood Marketing and
Development Fund.
(b) Exclusive Use of Fund.--Notwithstanding any other provision of
law, all amounts in the Fund shall be used exclusively by the Secretary
for making grants to the Boards under this Act and no such amount shall
be transferred from the Fund for any other purpose.
(c) Distribution of Amounts.--
(1) In general.--The amount available in the Fund for each
fiscal year shall be disbursed by the Secretary for such fiscal
year to the Boards as follows:
(A) Eighty percent of such amount in the Fund shall
be distributed equally among the Boards.
(B) Twenty percent shall be distributed to the
Boards based on a ratio of the total pounds of seafood
harvested in the geographical area of each Board to the
total pounds of seafood harvested in the United States.
(2) Ratio calculation.--The ratio referred to in
subparagraph (B) shall be calculated by the Secretary every 3
years using data collected by the Secretary of Commerce and the
Secretary of Agriculture.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund $50,000,000 for each fiscal year. | National Seafood Marketing and Development Act of 2012 - Directs the Secretary of Commerce to establish Regional Seafood Marketing Boards. Designates states eligible to have members appointed to Boards of the: (1) Northeast Atlantic, (2) Mid and South Atlantic, (3) Gulf and Caribbean, (4) Pacific, and (5) West and North Pacific.
Requires the Secretary to solicit nominations for members of each Board from the public and to seek recommendations from the governors of states in the geographical area of each Board.
Sets forth the seafood industry expertise requirements for Board members.
Requires the establishment of a National Coordinating Committee.
Authorizes each Board to prepare an annual marketing plan, including grant award requirements and plans to coordinate activities with those of other Boards. Permits plans to include marketing activities referencing a particular brand or trade name and addressing projects designed to promote the consumption or purchase of a specific seafood species or group of similar seafood.
Directs each Board to make grants to carry out projects consistent with a Board marketing plan. Requires grantees to provide at least 50% of the total estimated cost of the project.
Establishes within the U.S. Treasury the National Seafood Marketing and Development Fund to be used by the Secretary to make annual grants to Boards. | {"src": "billsum_train", "title": "A bill to enhance national seafood marketing efforts through the creation of a National Seafood Marketing and Development Fund, Regional Seafood Marketing Boards and a National Coordinating Committee and for other purposes."} | 3,369 | 271 | 0.542791 | 1.647009 | 0.630783 | 3.514403 | 12.938272 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clone Pager Authorization Act of
1996''.
SEC. 2. WIRE AND ELECTRONIC COMMUNICATIONS.
Section 2511(2)(h) of title 18, United States Code, is amended--
(1) in clause (i), by striking ``or'' at the end;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following new clause:
``(ii) to use a clone pager (as that term is defined in
section 3127(5) of this title);''.
SEC. 3. AMENDMENT OF CHAPTER 206.
Chapter 206 of title 18, United States Code, is amended--
(1) in the chapter heading, by striking ``AND TRAP AND
TRACE DEVICES'' and inserting ``, TRAP AND TRACE DEVICES, AND
CLONE PAGERS'';
(2) in the chapter analysis--
(A) by striking ``and trap and trace device'' each
place that term appears and inserting ``trap and trace
device, and clone pager''; and
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(3) in section 3121--
(A) in the section heading, by striking ``and trap
and trace device'' and inserting ``, trap and trace
device, and clone pager''; and
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(4) in section 3122--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager''; and
(B) by striking ``or a trap and trace device'' each
place that term appears and inserting ``, a trap and
trace device, or a clone pager'';
(5) in section 3123--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) in subsection (a), by striking ``or a trap and
trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by inserting
before the semicolon the following: ``, or in
the case of a clone pager, the identity, if
known, of the person to whom is leased or in
whose name is listed the paging device to which
the clone pager is identically programmed'';
and
(ii) in subparagraph (D), by inserting
before the semicolon the following: ``, or in
the case of a clone pager, the number of the
paging device to which the clone pager is
identically programmed''; and
(D) in subsection (d)--
(i) in the subsection heading, by striking
``or Trap and Trace Device'' and inserting ``,
Trap and Trace Device, or Clone Pager''; and
(ii) in paragraph (2), by inserting ``or
the paging device to which the clone pager is
identically programmed,'' after ``attached,'';
(6) in section 3124--
(A) in the section heading, by striking ``or a trap
and trace device'' and inserting ``, a trap and trace
device, or a clone pager'';
(B) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(C) by inserting after subsection (b) the
following:
``(c) Clone Pager.--Upon the request of an attorney for the
government or an officer of a law enforcement agency authorized to
acquire and use a clone pager under this chapter, a Federal court may
order, in accordance with section 3123(b)(2), a provider of a paging
service or other person to furnish to such investigative or law
enforcement officer, all information, facilities, and technical
assistance necessary to accomplish the programming and use of the clone
pager unobtrusively and with a minimum of interference with the
services that the person so ordered by the court accords the party with
respect to whom the programming and use is to take place.'';
(7) in section 3125--
(A) in the section heading, by striking ``and trap
and trace device'' and inserting ``, trap and trace
device, and clone pager'';
(B) in subsection (a)--
(i) by striking ``or a trap and trace
device'' and inserting ``, a trap and trace
device, or a clone pager''; and
(ii) by striking the quotation marks at the
end; and
(C) by striking ``or trap and trace device'' each
place that term appears and inserting ``, trap and
trace device, or clone pager'';
(8) in section 3126--
(A) in the section heading, by striking ``and trap
and trace devices'' and inserting ``, trap and trace
devices, and clone pagers''; and
(B) by inserting ``or clone pagers'' after
``devices''; and
(9) in section 3127--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4), the
following:
``(5) the term `clone pager' means a device that--
``(A) is programmed identically to any numeric
digital display paging device; and
``(B) allows the user to receive messages at the
same time as the user of the paging device;''. | Clone Pager Authorization Act of 1996 - Amends the Federal criminal code to authorize the use of a clone pager (defined as a device that is programmed identically to any numeric digital display paging device and that allows the user to receive messages at the same time as the user of the paging device).
Modifies provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers.
Authorizes a Federal court, upon the request of an attorney for the Government or an officer of a law enforcement agency authorized to acquire and use a clone pager, to order a provider of a paging service or other person to furnish to such investigative or law enforcement officer all information, facilities, and technical assistance necessary to accomplish the programming and use of such pager unobtrusively and with a minimum of interference with the paging services provided. | {"src": "billsum_train", "title": "Clone Pager Authorization Act of 1996"} | 1,478 | 209 | 0.540807 | 1.53008 | 0.583834 | 5.54321 | 7.938272 | 0.925926 |
SECTION 1. EXCLUSION FROM INCOME OF GAIN FROM SALE OF PRINCIPAL
RESIDENCE.
(a) In General.--Section 121 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 121. EXCLUSION OF GAIN FROM SALE OF PRINCIPAL RESIDENCE.
``(a) General Rule.--Gross income does not include gain from the
sale or exchange of property if, during the 5-year period ending on the
date of the sale or exchange, such property has been owned and used by
the taxpayer as his principal residence for periods aggregating 3 years
or more.
``(b) Special Rules.--
``(1) Property held jointly by husband and wife.--For
purposes of this section, if--
``(A) property is held by a husband and wife as
joint tenants, tenants by the entirety, or community
property,
``(B) such husband and wife make a joint return
under section 6013 for the taxable year of the sale or
exchange, and
``(C) one spouse satisfies the holding and use
requirements of subsection (a) with respect to such
property,
then both husband and wife shall be treated as satisfying the
holding and use requirements of subsection (a) with respect to
such property.
``(2) Property of deceased spouse.--For purposes of this
section, in the case of an unmarried individual whose spouse is
deceased on the date of the sale or exchange of property, if
the deceased spouse (during the 5-year period ending on the
date of the sale or exchange) satisfied the holding and use
requirements of subsection (a) with respect to such property,
then such individual shall be treated as satisfying the holding
and use requirements of subsection (a) with respect to such
property.
``(3) Tenant-stockholder in cooperative housing
corporation.--For purposes of this section, if the taxpayer
holds stock as a tenant-stockholder (as defined in section 216)
in a cooperative housing corporation (as defined in such
section), then--
``(A) the holding requirements of subsection (a)
shall be applied to the holding of such stock, and
``(B) the use requirements of subsection (a) shall
be applied to the house or apartment which the taxpayer
was entitled to occupy as such stockholder.
``(4) Involuntary conversions.--For purposes of this
section, the destruction, theft, seizure, requisition, or
condemnation of property shall be treated as the sale of such
property.
``(5) Property used in part as principal residence.--In the
case of property only a portion of which, during the 5-year
period ending on the date of the sale or exchange, has been
owned and used by the taxpayer as his principal residence for
periods aggregating 3 years or more, this section shall apply
with respect to so much of the gain from the sale or exchange
of such property as is determined, under regulations prescribed
by the Secretary, to be attributable to the portion of the
property so owned and used by the taxpayer.
``(6) Determination of marital status.--In the case of any
sale or exchange, for purposes of this section--
``(A) the determination of whether an individual is
married shall be made as of the date of the sale or
exchange; and
``(B) an individual legally separated from his
spouse under a decree of divorce or of separate
maintenance shall not be considered as married.
``(7) Application of section 1033.--In applying section
1033 (relating to involuntary conversions), the amount realized
from the sale or exchange of property shall be treated as being
the amount determined without regard to this section, reduced
by the amount of gain not included in gross income pursuant to
an election under this section.
``(8) Property acquired after involuntary conversion.--If
the basis of the property sold or exchanged is determined (in
whole or in part) under subsection (b) of section 1033
(relating to basis of property acquired through involuntary
conversion), then the holding and use by the taxpayer of the
converted property shall be treated as holding and use by the
taxpayer of the property sold or exchanged.
``(9) Determination of use during periods of out-of-
residence care.--In the case of a taxpayer who--
``(A) becomes physically or mentally incapable of
self-care, and
``(B) owns property and uses such property as the
taxpayer's principal residence during the 5-year period
described in subsection (a) for periods aggregating at
least 1 year,
then the taxpayer shall be treated as using such property as
the taxpayer's principal residence during any time during such
5-year period in which the taxpayer owns the property and
resides in any facility (including a nursing home) licensed by
a State or political subdivision to care for an individual in the
taxpayer's condition.
``(c) Election to Have Section Not Apply.--If the taxpayer so
elects with respect to any sale or exchange, this section shall not
apply to such sale or exchange.''
(b) Repeal of Nonrecognition of Gain on Rollover of Principal
Residence.--Section 1034 of such Code (relating to rollover of gain on
sale of principal residence) is hereby repealed.
(c) Clerical and Conforming Amendments.--
(1) The following provisions of the Internal Revenue Code
of 1986 are each amended by striking ``section 1034'' and
inserting ``section 121'': sections 25(e)(7), 56(e)(1)(A),
56(e)(3)(B)(i), 143(i)(1)(C)(i)(I), 163(h)(4)(A)(i)(I),
280A(d)(4)(A), 464(f)(3)(B)(i), 1033(h)(4), 1274(c)(3)(B),
6334(a)(13), and 7872(f)(11)(A).
(2) Paragraph (4) of section 32(c) of such Code is amended
by striking ``(as defined in section 1034(h)(3))'' and by
adding at the end the following new sentence: ``For purposes of
the preceding sentence, the term `extended active duty' means
any period of active duty pursuant to a call or order to such
duty for a period in excess of 90 days or for an indefinite
period.''
(3) Subparagraph (A) of 143(m)(6) of such Code is amended
by inserting ``(as in effect on the day before the date of the
enactment of the Revenue Reconciliation Act of 1997)'' after
``1034(e)''.
(4) Subsection (e) of section 216 of such Code is amended
by striking ``such exchange qualifies for nonrecognition of
gain under section 1034(f)'' and inserting ``such dwelling unit
is used as his principal residence (within the meaning of
section 121)''.
(5) Section 512(a)(3)(D) of such Code is amended by
inserting ``(as in effect on the day before the date of the
enactment of this parenthetical)'' after ``1034''.
(6) Paragraph (7) of section 1016(a) of such Code is
amended by inserting ``(as in effect on the day before the date
of the enactment of this parenthetical)'' after ``1034'' and by
inserting ``(as so in effect)'' after ``1034(e)''.
(7) Paragraph (3) of section 1033(k) of such Code is
amended to read as follows:
``(3) For exclusion from gross income of gain from
involuntary conversion of principal residence, see section
121.''
(8) Subsection (e) of section 1038 of such Code is amended
to read as follows:
``(e) Principal Residences.--If--
``(1) subsection (a) applies to a reacquisition of real
property with respect to the sale of which gain was not
recognized under section 121 (relating to gain on sale of
principal residence); and
``(2) within 1 year after the date of the reacquisition of
such property by the seller, such property is resold by him,
then, under regulations prescribed by the Secretary, subsections (b),
(c), and (d) of this section shall not apply to the reacquisition of
such property and, for purposes of applying section 121, the resale of
such property shall be treated as a part of the transaction
constituting the original sale of such property.''
(9) Paragraph (7) of section 1223 of such Code is amended
by inserting ``(as in effect on the day before the date of the
enactment of this parenthetical)'' after ``1034''.
(10) Paragraph (7) of section 1250(d) of such Code is
amended to read as follows:
``(7) Disposition of principal residence.--Subsection (a)
shall not apply to a disposition of property to the extent used
by the taxpayer as his principal residence (within the meaning
of section 121, relating to gain on sale of principal
residence).''
(11) Subsection (c) of section 6012 of such Code is amended
by striking ``(relating to one-time exclusion of gain from sale
of principal residence by individual who has attained age 55)''
and inserting ``(relating to gain from sale of principal
residence)''.
(12) Paragraph (2) of section 6212(c) of such Code is
amended by striking subparagraph (C) and by redesignating the
succeeding subparagraphs accordingly.
(13) Section 6504 of such Code is amended by striking
paragraph (4) and by redesignating the succeeding paragraphs
accordingly.
(14) The item relating to section 121 in the table of
sections for part III of subchapter B of chapter 1 of such Code
is amended to read as follows:
``Sec. 121. Exclusion of gain from sale
of principal residence.''
(15) The table of sections for part III of subchapter O of
chapter 1 of such Code is amended by striking the item relating
to section 1034.
(d) Effective Date.--The amendments made by this section shall
apply to sales and exchanges occurring after __________________. | Amends the Internal Revenue Code to exclude all gain on the sale of a principal residence if owned and used as the principal residence for periods aggregating at least three years during the five-year period prior to sale or exchange.
Sets forth special rules relating to: (1) jointly held property; (2) a deceased spouse; (3) a cooperative housing tenant-stockholder; (4) partial principal residence use; (5) determination of marital status; (6) acquisition after involuntary conversion; and (7) periods of out-of-residence health care. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exclude from income capital gain from the sale of a principal residence."} | 2,318 | 120 | 0.497908 | 1.296969 | 0.582061 | 2.210526 | 18.289474 | 0.877193 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
2001''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2002 for
necessary expenses of the Coast Guard, as follows:
(1) For the operation and maintenance of the Coast Guard,
$3,682,838,000, of which--
(A) $25,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990;
and
(B) $5,500,000 shall be available for the
commercial fishing vessel safety program.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $659,323,000, of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990;
and
(B) not less than $338,000,000 shall be available
to the Coast Guard only to implement the Coast Guard's
Integrated Deepwater System.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $21,722,000, to remain available until
expended, of which $3,500,000 shall be derived each fiscal year
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $876,346,000.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $15,466,000, to
remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $16,927,000, to remain
available until expended.
SEC. 3. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 44,000 as of September 30,
2002.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training for fiscal year 2002,
1,500 student years.
(2) For flight training for fiscal year 2002, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2002, 300 student years.
(4) For officer acquisition for fiscal year 2002, 1,000
student years.
SEC. 4. REQUIREMENT TO CONSTRUCT ONLY AMERICAN-MADE VESSELS.
(a) In General.--Any new vessel constructed for the Coast Guard
with amounts made available under this Act--
(1) shall be constructed in the United States;
(2) shall not be constructed of steel or iron produced
outside of the United States; and
(3) shall be constructed in compliance with the Buy
American Act.
(b) Limitation on Application.--Subsection (a)(2) shall not apply--
(1) if the Secretary finds that the application of that
subsection would be inconsistent with the public interest;
(2) to the use of steel or iron produced outside of the
United States if the Secretary finds that such material is not
produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
(3) if compliance with subsection (a)(2) will increase the
cost of the overall project contract by more than 25 percent.
Passed the House of Representatives June 7, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Coast Guard Authorization Act of 2001 - Authorizes appropriations for the Coast Guard for FY 2002 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto; (3) research, development, test, and evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in support of search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness; (4) retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program; and (6) environmental compliance and restoration at Coast Guard facilities (other than parts and equipment associated with operations and maintenance).Authorizes the Coast Guard for an end-of-year strength for active duty personnel of 44,000 as of September 30, 2002.Authorizes Coast Guard average military training student loads as follows: (1) for recruit and special training for FY 2002, 1,500 student years; (2) for flight training for FY 2002, 125 student years; (3) for professional training in military and civilian institutions for FY 2002, 300 student years; and (4) for officer acquisition for FY 2002, 1,000 student years.Requires any new vessel constructed for the Coast Guard with amounts made available under this Act: (1) to be constructed in the United States; (2) to not be constructed of steel or iron produced outside of the United States; and (3) to be constructed in compliance with the Buy American Act. Permits the use of non-U.S. steel or iron if it is found that: (1) it would be consistent with the public interest; (2) U. S. steel or iron is not produced in sufficient and reasonably available quantities and is not of a satisfactory quality; or (3) the use of U.S. steel or iron will increase the cost of the overall project contract by more than 25 percent. | {"src": "billsum_train", "title": "To authorize appropriations for the Coast Guard for fiscal year 2002."} | 925 | 491 | 0.666414 | 2.178017 | 0.896816 | 6.313043 | 1.886957 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Capital Raising Online While
Deterring Fraud and Unethical Non-Disclosure Act of 2011'' or the
``CROWDFUND Act''.
SEC. 2. CROWDFUNDING EXEMPTION.
(a) Securities Act of 1933.--Section 4 of the Securities Act of
1933 (15 U.S.C. 77d) is amended by adding at the end the following:
``(6) any transaction involving the offer or sale of
securities by an issuer (including all entities controlled by
or under common control with the issuer), provided that--
``(A) the aggregate amount sold to all investors by
an issuer, including any amount sold in reliance on the
exemption provided under this paragraph during the 12-
month period preceding the date of such transaction, is
not more than $1,000,000, as such amount is adjusted by
the Commission by notice published in the Federal
Register to reflect the annual change in the Consumer
Price Index for All Urban Consumers published by the
Bureau of Labor Statistics;
``(B) the aggregate amount sold to any investor by
an issuer, including any amount sold in reliance on the
exemption provided under this paragraph during the 12-
month period preceding the date of such transaction,
does not exceed the greater of--
``(i) $500, as such amount is adjusted by
the Commission by notice published in the
Federal Register to reflect the annual change
in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor
Statistics; or
``(ii) if the investor has an annual income
of--
``(I) greater than $50,000 but less
than $100,000 (as such amounts are
adjusted by the Commission by notice
published in the Federal Register to
reflect the annual change in the
Consumer Price Index for All Urban
Consumers published by the Bureau of
Labor Statistics), 1 percent of the
annual income of such investor; or
``(II) greater than $100,000 (as
such amount is adjusted by the
Commission by notice published in the
Federal Register to reflect the annual
change in the Consumer Price Index for
All Urban Consumers published by the
Bureau of Labor Statistics), 2 percent
of the annual income of such investor;
``(C) the transaction is conducted through a broker
or funding portal that complies with the requirements
of section 4A(a); and
``(D) the issuer complies with the requirements of
section 4A(b).''.
(b) Requirements To Qualify for Crowdfunding Exemption.--The
Securities Act of 1933 (15 U.S.C. 77a et seq.) is amended by inserting
after section 4 the following:
``SEC. 4A. REQUIREMENTS WITH RESPECT TO CERTAIN SMALL TRANSACTIONS.
``(a) Requirements on Intermediaries.--A person engaged in the
business of effecting transactions in securities for the account of
others pursuant to section 4(6) shall--
``(1) register with the Commission as--
``(A) a broker; or
``(B) a funding portal (as defined in section
3(a)(80) of the Securities Exchange Act of 1934);
``(2) register with any applicable self-regulatory
organization (as defined in section 3(a)(26) of the Securities
Exchange Act of 1934);
``(3) provide such disclosures, including disclosures
related to risks and other investor education materials, as the
Commission shall, by rule, determine appropriate;
``(4) ensure that each potential investor--
``(A) reviews investor-education information, in
line with standards established by the Commission, by
rule;
``(B) positively affirms that the investor
understands that the investor is risking the loss of
the entire investment, and that the investor could bear
such a loss; and
``(C) answers questions demonstrating--
``(i) an understanding of the level of risk
generally applicable to investments in
startups, emerging businesses, and small
issuers;
``(ii) an understanding of the risk of
illiquidity; and
``(iii) an understanding of such other
matters as the Commission determines
appropriate, by rule;
``(5) take such measures to reduce the risk of fraud with
respect to such transactions, as established by rule of the
Commission, including obtaining a criminal background check and
securities enforcement regulatory history check on each
officer, director, and person holding more than 20 percent of
the shares of every issuer whose securities are offered by such
person;
``(6) not later than 1 month prior to the first day on
which securities are offered to any potential investor (or such
other period as the Commission may establish), provide in
writing to the Commission and each potential investor any
information provided by the issuer pursuant to subsection (b);
``(7) ensure that all offering proceeds are only provided
to the issuer when the aggregate capital raised from all
investors is equal to the target offering amount, and allow all
investors to cancel their commitments to invest, as the
Commission, by rule, shall determine appropriate;
``(8) make such efforts as the Commission determines
appropriate, by rule, to ensure that, for any offering made
pursuant to section 4(6), that no investor exceeds the
investment limits set forth in section 4(6)(B);
``(9) make such efforts as the Commission determines
appropriate, by rule, to ensure that no investor has purchased
securities offered pursuant to section 4(6), that in the
aggregate from all issuers, exceed the greater of--
``(A) $2,000 (as such amount is adjusted by the
Commission, by notice published in the Federal Register
to reflect the annual change in the Consumer Price
Index for All Urban Consumers published by the Bureau
of Labor Statistics); or
``(B) if the investor has an annual income of--
``(i) greater than $50,000 but not more
than $100,000 (as such amounts are adjusted by
the Commission, by notice published in the
Federal Register to reflect the annual change
in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor
Statistics), 4 percent of the annual income of
such investor; or
``(ii) greater than $100,000 (as such
amount is adjusted by the Commission by notice
published in the Federal Register to reflect
the annual change in the Consumer Price Index
for All Urban Consumers published by the Bureau
of Labor Statistics), 8 percent of the annual
income of such investor;
``(10) takes such steps to protect the privacy of
information collected from investors as the Commission shall,
by rule, determine appropriate;
``(11) not compensate promoters, finders, lead generators,
or other persons to attract or provide the personal information
of any potential investor;
``(12) prohibit its directors, officers, partners, or
employees (or any person occupying a similar status or
performing a similar function) from having any financial
interest in an issuer using its services; and
``(13) meet such other requirements as the Commission may,
by rule, prescribe.
``(b) Requirements for Issuers.--For purposes of section 4(6), an
issuer who offers or sells securities shall--
``(1) be organized under and subject to the laws of a
State;
``(2) file with the Commission and provide to actual and
potential investors and the relevant broker or funding portal--
``(A) the name, legal status, physical address, and
website address of the issuer;
``(B) the names of the directors and officers (and
any persons occupying a similar status or performing a
similar function), and each person holding more than 20
percent of the shares of the issuer;
``(C) a description of the business of the issuer
and the anticipated business plan of the issuer;
``(D) a description of the financial condition of
the issuer, including--
``(i) financial statements reviewed by a
public accountant who is independent of the
issuer, using professional standards and
procedures for such review or standards and
procedures established by rule of the
Commission for such purpose; or
``(ii) for offerings seeking to raise more
than $500,000 (or such other amount as may be
established by the Commission, by rule),
audited financial statements;
``(E) a description of the stated purpose and
intended use of the proceeds of the offering sought by
the issuer;
``(F) the target offering amount, the deadline to
reach the target offering amount, and regular updates
regarding the progress of the issuer in meeting the
target offering amount;
``(G) the price at which the securities will be
offered for a given ownership stake;
``(H) a description of the ownership and capital
structure of the issuer, how the securities being
offered are being valued, what the rights of the
securities are, and how rights may be exercised by the
issuer and shareholders; and
``(I) such other information as the Commission may,
by rule, prescribe;
``(3) not advertise the specific details of the offering,
except for notices which direct investors to the funding portal
or broker;
``(4) file with the Commission and provide to investors
quarterly reports of the results of operations and financial
statements, as the Commission shall, by rule, determine
appropriate, subject to such exceptions and termination dates
as the Commission may establish, by rule; and
``(5) comply with such other requirements as the Commission
may prescribe, by rule.
``(c) Liability for Misstatements.--The issuer and any person who
is a director or officer (or any person occupying a similar status or
performing a similar function) or partner in the issuer shall be liable
to any person acquiring such security that was subject to an offering
pursuant to section 4(6) for any untrue statement of a material fact or
omission to state a material fact required to be stated in connection
with any offering made pursuant to section 4(6).
``(d) Information Available to States.--The Commission shall make
the information described in subsection (b) and such other information
as the Commission, by rule, determines appropriate, available to the
appropriate securities regulatory authority of each State.
``(e) Restrictions on Sales.--Securities issued pursuant to a
transaction described in section 4(6)--
``(1) may not be transferred by the purchaser of such
securities during the 2-year period beginning on the date of
purchase, unless such securities are transferred--
``(A) to the issuer of the securities;
``(B) to an accredited investor;
``(C) as part of an offering registered with the
Commission; or
``(D) to a member of the family of the purchaser or
the equivalent, or in connection with the death of the
purchaser; and
``(2) shall be subject to such other limitations as the
Commission shall establish, by rule.
``(f) Rule of Construction.--Nothing in this section or section
4(6) shall be construed as preventing an issuer from raising capital
through methods not described under section 4(6).''.
(c) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the Securities and Exchange Commission (in this Act
referred to as the ``Commission'') shall issue such rules as may be
necessary to carry out section 4(6) and section 4A of the Securities
Act of 1933, as added by this Act.
(d) Disqualification.--Not later than 1 year after the date of
enactment of this Act, the Commission shall, by rule, establish
disqualification provisions that are substantially similar to the
disqualification provisions contained in the regulations adopted in
accordance with section 926 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (15 U.S.C. 77d note)--
(1) under which an issuer shall not be eligible to offer
securities pursuant to section 4(6) of the Securities Act of
1933, as added by this Act; and
(2) under which a funding portal or broker shall not be
eligible to effect transactions for the account of others
pursuant to section 4(6) of the Securities Act of 1933, as
added by this Act.
SEC. 3. EXCLUSION OF CROWDFUNDING INVESTORS FROM SHAREHOLDER CAP.
Section 12(g) of the Securities Exchange Act of 1934 (15 U.S.C.
78l(g)) is amended by adding at the end the following:
``(6) Exclusion for persons holding certain securities.--
The Commission may, as appropriate, exempt from this subsection
securities acquired pursuant to an offering made under section
4(6) of the Securities Act of 1933.''.
SEC. 4. FUNDING PORTAL REGULATION.
(a) Exemption.--
(1) In general.--Section 3 of the Securities Exchange Act
of 1934 (15 U.S.C. 78c) is amended by adding at the end the
following:
``(h) Limited Exemption for Funding Portals.--The Commission shall,
by rule, as the Commission determines appropriate, exempt funding
portals from the registration requirements of section 15(a)(1),
conditionally or unconditionally, provided that such funding portals
remain subject to such examination by the Commission and a national
securities association and to such other requirements under this title
as the Commission determines appropriate under such rule.''.
(2) Rulemaking.--A rule to carry out section 3(h) of the
Securities Exchange Act of 1934 (15 U.S.C. 78c), as added by
this subsection, shall be issued not later than 1 year after
the date of enactment of this Act.
(b) Definition.--Section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)) is amended by adding at the end the following:
``(80) Funding portal.--The term `funding portal' means any
person engaged in the business of effecting transactions in
securities for the account of others, solely pursuant to
section 4(6) of the Securities Act of 1933 (15 U.S.C. 77d(6))
that does not--
``(A) offer investment advice or recommendations;
``(B) solicit purchases, sales, or offers to buy
the securities offered or displayed on its website or
portal;
``(C) compensate employees, agents, or other third
parties for such solicitation or based on the sale of
securities displayed or references on its website or
portal;
``(D) hold, manage, possess, or otherwise handle
investor funds or securities; or
``(E) engage in such other activities as the
Commission may, by rule, determine appropriate.''.
SEC. 5. FRAUD RESPONSE REVIEW.
The Commission shall conduct a review of the effects of the
provisions of this Act on investor protection--
(1) once every 6 months during the first 2 years after the
date of enactment of this Act;
(2) annually during the 3 years following the 2-year period
referred to in paragraph (1); and
(3) not less frequently than once every 5 years thereafter. | Capital Raising Online While Deterring Fraud and Unethical Non-Disclosure Act of 2011 or CROWDFUND Act - Amends the Securities Act of 1933 (SA) to prescribe conditions under which transactions of $1 million or less involving the offer or sale of securities by an issuer through a broker or funding portal are exempt from certain registration requirements and prohibitions relating to interstate commerce and the mails (crowdfunding exemption).
(Crowdfunding is a method of capital formation by which groups of people pool money, typically composed of very small individual contributions, and often via Internet platforms, to invest in a company or otherwise support an effort by others to accomplish a specific goal.)
Amends the Securities Exchange Act of 1934 (SEA) to define "funding portal" as any person engaged in the business of effecting securities transactions for the account of others, solely pursuant to the crowdfunding exemption under this Act, that does not: (1) offer investment advice or recommendations; (2) solicit purchases, sales, or offers to buy the securities offered or displayed on its website or portal; (3) compensate employees, agents, or other third parties for such solicitation or based on the sale of securities displayed or references on its website or portal; (4) hold, manage, possess, or otherwise handle investor funds or securities; or (5) engage in other activities determined by the Securities and Exchange Commission (SEC). Amends the SA to set forth qualification requirements for such crowdfunding exemption, including those for intermediaries and issuers.
Sets forth restrictions on sales of such exempt securities.
Amends the SEA to authorize the SEC to exempt crowdfunding investors from certain shareholder caps under the Securities Act of 1933.
Requires the SEC to exempt funding portals from certain registration requirements, provided that they remain subject to examination by the SEC and a national securities association.
Directs the SEC to review periodically the effects of this Act upon investor protection. | {"src": "billsum_train", "title": "A bill to amend the securities laws to provide for registration exemptions for certain crowdfunded securities, and for other purposes."} | 3,271 | 419 | 0.497325 | 1.717346 | 0.74722 | 3.487871 | 8.485175 | 0.862534 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repeal Existing Policies that
Encourage and Allow Legal HIV Discrimination Act of 2015'' or the
``REPEAL HIV Discrimination Act of 2015''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) At present, 33 States and 2 United States territories
have criminal statutes based on perceived exposure to HIV,
rather than actual transmission of HIV to another. Eleven
States have HIV-specific laws that make spitting or biting a
felony, even though it is not possible to transmit HIV via
saliva. Twenty-four States require persons who are aware that
they have HIV to disclose their status to sexual partners.
Fourteen of these 24 States also require disclosure to needle-
sharing partners. Twenty-five States criminalize one or more
behaviors that pose a low or negligible risk for HIV
transmission.
(2) According to the Centers for Disease Control and
Prevention (CDC), HIV is only transmitted through blood, semen,
vaginal fluid, and breast milk.
(3) HIV-specific criminal laws are classified as felonies
in 28 States; in three States, a person's exposure to another
to HIV does not subject the person to criminal prosecution for
that act alone, but may result in a sentence enhancement.
Eighteen States impose sentences of up to 10 years; seven
impose sentences between 11 and 20 years; and five impose
sentences of greater than 20 years.
(4) The number of prosecutions, arrests, and instances
where HIV-specific criminal laws are used to induce plea
agreements is unknown. Because State-level prosecution and
arrest data are not readily available in any national legal
database, the societal impact of these laws may be
underestimated and most cases that go to trial are not reduced
to written, published opinions.
(5) State and Federal criminal law does not currently
reflect the three decades of medical advances and discoveries
made with regard to transmission and treatment of HIV.
(6) According to CDC, correct and consistent male or female
condom use is very effective in preventing HIV transmission.
However, most State HIV-specific laws and prosecutions do not
treat the use of a condom during sexual intercourse as a
mitigating factor or evidence that the defendant did not intend
to transmit HIV.
(7) Criminal laws and prosecutions do not take into account
the benefits of effective antiretroviral medications, which
reduce the HIV virus to undetectable levels and further reduce
the already low risk of transmitting the HIV to near zero.
(8) Although HIV/AIDS currently is viewed as a treatable,
chronic, medical condition, people living with HIV have been
charged under aggravated assault, attempted murder, and even
bioterrorism statutes because prosecutors, courts, and
legislators continue to view and characterize the blood, semen,
and saliva of people living with HIV as a ``deadly weapon''.
(9) Multiple peer-reviewed studies demonstrate that HIV-
specific laws do not reduce risk-taking behavior or increase
disclosure by people living with or at risk of HIV, and there
is increasing evidence that these laws reduce the willingness
to get tested. Furthermore, placing legal responsibility for
preventing the transmission of HIV and other pathogens
exclusively on people diagnosed with HIV, and without
consideration of other pathogens that can be sexually
transmitted, undermines the public health message that all
people should practice behaviors that protect themselves and
their partners from HIV and other sexually transmitted
diseases.
(10) The identity of an individual accused of violating
existing HIV-specific restrictions is broadcast through media
reports, potentially destroying employment opportunities and
relationships and violating the person's right to privacy.
(11) Individuals who are convicted for HIV exposure,
nondisclosure, or transmission often must register as sex
offenders even in cases of consensual sexual activity. Their
employability is destroyed and their family relationships are
fractured.
(12) The United Nations, including the Joint United Nations
Programme on HIV/AIDS (UNAIDS), urges governments to ``limit
criminalization to cases of intentional transmission. Such
requirement indicates a situation where a person knows his or
her HIV-positive status, acts with the intention to transmit
HIV, and does in fact transmit it''. UNAIDS also recommends
that criminal law should not be applied to cases where there is
no significant risk of transmission.
(13) The Global Commission on HIV and the Law was launched
in June 2010 to examine laws and practices that criminalize
people living with and vulnerable to HIV and to develop
evidence-based recommendations for effective HIV responses. The
Commission calls for ``governments, civil society and
international bodies to repeal punitive laws and enact laws
that facilitate and enable effective responses to HIV
prevention, care and treatment services for all who need
them''. The Commission recommends against the enactment of
``laws that explicitly criminalise HIV transmission, exposure
or non-disclosure of HIV status, which are counterproductive''.
(14) In 2010, the President released a National HIV/AIDS
Strategy (NHAS), which addressed HIV-specific criminal laws,
stating: ``[W]hile we understand the intent behind [these]
laws, they may not have the desired effect and they may make
people less willing to disclose their status by making people
feel at even greater risk of discrimination. In some cases, it
may be appropriate for legislators to reconsider whether
existing laws continue to further the public interest and
public health. In many instances, the continued existence and
enforcement of these types of laws run counter to scientific
evidence about routes of HIV transmission and may undermine the
public health goals of promoting HIV screening and
treatment.''. The NHAS also states that State legislatures
should consider reviewing HIV-specific criminal statutes to
ensure that they are consistent with current knowledge of HIV
transmission and support public health approaches to preventing
and treating HIV.
(15) In February 2013, the President's Advisory Council on
AIDS (PACHA) passed a resolution stating ``all U.S. law should
be consistent with current medical and scientific knowledge and
accepted human rights-based approaches to disease control and
prevention and avoid imposition of unwarranted punishment based
on health and disability status''.
SEC. 3. SENSE OF CONGRESS REGARDING LAWS OR REGULATIONS DIRECTED AT
PEOPLE LIVING WITH HIV/AIDS.
It is the sense of Congress that Federal and State laws, policies,
and regulations regarding people living with HIV/AIDS--
(1) should not place unique or additional burdens on such
individuals solely as a result of their HIV status; and
(2) should instead demonstrate a public health-oriented,
evidence-based, medically accurate, and contemporary
understanding of--
(A) the multiple factors that lead to HIV
transmission;
(B) the relative risk of demonstrated HIV
transmission routes;
(C) the current health implications of living with
HIV;
(D) the associated benefits of treatment and
support services for people living with HIV; and
(E) the impact of punitive HIV-specific laws,
policies, regulations, and judicial precedents and
decisions on public health, on people living with or
affected by HIV, and on their families and communities.
SEC. 4. REVIEW OF FEDERAL AND STATE LAWS.
(a) Review of Federal and State Laws.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General, the Secretary
of Health and Human Services, and the Secretary of Defense
acting jointly (in this section referred to as the ``designated
officials'') shall initiate a national review of Federal and
State laws, policies, regulations, and judicial precedents and
decisions regarding criminal and related civil commitment cases
involving people living with HIV/AIDS, including in regard to
the Uniform Code of Military Justice.
(2) Consultation.--In carrying out the review under
paragraph (1), the designated officials shall seek to include
diverse participation from, and consultation with, each of the
following:
(A) Each State.
(B) State attorneys general (or their
representatives).
(C) State public health officials (or their
representatives).
(D) State judicial and court system officers,
including judges, district attorneys, prosecutors,
defense attorneys, law enforcement, and correctional
officers.
(E) Members of the United States Armed Forces,
including members of other Federal services subject to
the Uniform Code of Military Justice.
(F) People living with HIV/AIDS, particularly those
who have been subject to HIV-related prosecution or who
are from communities whose members have been
disproportionately subject to HIV-specific arrests and
prosecution.
(G) Legal advocacy and HIV/AIDS service
organizations that work with people living with HIV/
AIDS.
(H) Nongovernmental health organizations that work
on behalf of people living with HIV/AIDS.
(I) Trade organizations or associations
representing persons or entities described in
subparagraphs (A) through (G).
(3) Relation to other reviews.--In carrying out the review
under paragraph (1), the designated officials may utilize other
existing reviews of criminal and related civil commitment cases
involving people living with HIV/AIDS, including any such
review conducted by any Federal or State agency or any public
health, legal advocacy, or trade organization or association if
the designated officials determines that such reviews were
conducted in accordance with the principles set forth in
section 3.
(b) Report.--Not later than 180 days after initiating the review
required by subsection (a), the Attorney General shall transmit to the
Congress and make publicly available a report containing the results of
the review, which includes the following:
(1) For each State and for the Uniform Code of Military
Justice, a summary of the relevant laws, policies, regulations,
and judicial precedents and decisions regarding criminal cases
involving people living with HIV/AIDS, including the following:
(A) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
place any unique or additional burdens upon people
living with HIV/AIDS.
(B) A determination of whether such laws, policies,
regulations, and judicial precedents and decisions
demonstrate a public health-oriented, evidence-based,
medically accurate, and contemporary understanding of--
(i) the multiple factors that lead to HIV
transmission;
(ii) the relative risk of HIV transmission
routes;
(iii) the current health implications of
living with HIV;
(iv) the associated benefits of treatment
and support services for people living with
HIV; and
(v) the impact of punitive HIV-specific
laws and policies on public health, on people
living with or affected by HIV, and on their
families and communities.
(C) An analysis of the public health and legal
implications of such laws, policies, regulations, and
judicial precedents and decisions, including an
analysis of the consequences of having a similar penal
scheme applied to comparable situations involving other
communicable diseases.
(D) An analysis of the proportionality of
punishments imposed under HIV-specific laws, policies,
regulations, and judicial precedents, taking into
consideration penalties attached to violation of State
laws against similar degrees of endangerment or harm,
such as driving while intoxicated (DWI) or transmission
of other communicable diseases, or more serious harms,
such as vehicular manslaughter offenses.
(2) An analysis of common elements shared between State
laws, policies, regulations, and judicial precedents.
(3) A set of best practice recommendations directed to
State governments, including State attorneys general, public
health officials, and judicial officers, in order to ensure
that laws, policies, regulations, and judicial precedents
regarding people living with HIV/AIDS are in accordance with
the principles set forth in section 3.
(4) Recommendations for adjustments to the Uniform Code of
Military Justice, as may be necessary, in order to ensure that
laws, policies, regulations, and judicial precedents regarding
people living with HIV/AIDS are in accordance with the
principles set forth in section 3.
(c) Guidance.--Within 90 days of the release of the report required
by subsection (b), the Attorney General and the Secretary of Health and
Human Services, acting jointly, shall develop and publicly release
updated guidance for States based on the set of best practice
recommendations required by subsection (b)(3) in order to assist States
dealing with criminal and related civil commitment cases regarding
people living with HIV/AIDS.
(d) Monitoring and Evaluation System.--Within 60 days of the
release of the guidance required by subsection (c), the Attorney
General and the Secretary of Health and Human Services, acting jointly,
shall establish an integrated monitoring and evaluation system which
includes, where appropriate, objective and quantifiable performance
goals and indicators to measure progress toward statewide
implementation in each State of the best practice recommendations
required in subsection (b)(3).
(e) Modernization of Federal Laws, Policies, and Regulations.--
Within 90 days of the release of the report required by subsection (b),
the designated officials shall develop and transmit to the President
and the Congress, and make publicly available, such proposals as may be
necessary to implement adjustments to Federal laws, policies, or
regulations, including to the Uniform Code of Military Justice, based
on the recommendations required by subsection (b)(4), either through
Executive order or through changes to statutory law.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to discourage the
prosecution of individuals who intentionally transmit or attempt to
transmit HIV to another individual.
SEC. 6. NO ADDITIONAL APPROPRIATIONS AUTHORIZED.
This Act shall not be construed to increase the amount of
appropriations that are authorized to be appropriated for any fiscal
year.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) HIV and hiv/aids.--The terms ``HIV'' and ``HIV/AIDS''
have the meanings given to such terms in section 2689 of the
Public Health Service Act (42 U.S.C. 300ff-88).
(2) State.--The term ``State'' includes the District of
Columbia, American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, Puerto Rico, and the United States
Virgin Islands. | Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2015 or the REPEAL HIV Discrimination Act of 2015 Expresses the sense of Congress that federal and state laws, policies, and regulations regarding people living with HIV/AIDS should: (1) not place unique or additional burdens on such individuals solely as a result of their HIV status; and (2) demonstrate a public health-oriented, evidence-based, medically accurate, and contemporary understanding of HIV transmission, health implications, treatment, and the impact of punitive HIV-specific laws, policies, regulations, and judicial precedents and decisions on public health and on affected people, families, and communities. Directs: (1) the Department of Justice (DOJ), the Department of Health and Human Services (HHS), and the Department of Defense (DOD) to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV/AIDS; and (2) DOJ to transmit to Congress and make publicly available the results of such review with related recommendations. Requires DOJ and HHS to: (1) develop and publicly release guidance and best practice recommendations for states, and (2) establish an integrated monitoring and evaluation system to measure state progress. Directs DOJ, HHS, and DOD to transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations. Prohibits this Act from being construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual. | {"src": "billsum_train", "title": "REPEAL HIV Discrimination Act of 2015"} | 3,034 | 342 | 0.51596 | 1.729347 | 0.783494 | 5.250804 | 9.517685 | 0.942122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Memorial Cross National
Monument Establishment Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the 9/11 Memorial Cross is located at the National 9/11
Memorial Museum at the intersection of Albany and Greenwich
Streets at 1 Albany Street, New York, NY 10006;
(2) after the terrorist attacks of September 11, 2001, on
New York City, a massive operation was launched to clear the
site and attempt to find any survivors amongst the rubble;
(3) when One World Trade Center collapsed, it sent debris
down onto 6 World Trade Center, and gutted the interior of the
building. In the midst of the debris was this intact cross
beam, which its discoverer believes came from One World Trade
Center;
(4) first encountered by construction worker Frank
Silecchia in the vicinity of where 6 World Trade Center had
stood, the 17-foot-tall cross became an icon of hope and
comfort throughout the recovery effort in the wake of the
September 11, 2001 attacks;
(5) after a few weeks an expedited approval from the office
of New York Mayor Rudy Giuliani was granted to erect it on a
pedestal on a portion of the former plaza on Church Street near
Liberty;
(6) the 9/11 Memorial Cross was moved by crane on October
3, 2001, and installed on October 4, 2001, where it continued
as a shrine and tourist attraction;
(7) on July 23, 2011, the cross was transported onto the
World Trade Center site and lowered into its permanent setting
inside the Museum, which will open to the public in 2012;
(8) the 9/11 Memorial Cross has received international
attention; and
(9) Port Authority of New York and New Jersey, the World
Trade Center Memorial Foundation and Mayor Michael R.
Bloomberg, have been working together--
(A) to protect the site; and
(B) to develop further educational opportunities
using artifacts from the site itself to tell the story
of not only what happened on 9/11 but the 9-month
recovery period that followed.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of New York,
New York.
(2) Management plan.--The term ``management plan'' means
the management plan for the Monument prepared under section
5(c)(1).
(3) Map.--The term ``map'' means the map entitled
``Proposed Boundary Waco-Mammoth National Monument'', numbered
T21/80,000, and dated April 2009.
(4) Monument.--The term ``Monument'' means the 9/11
Memorial Cross, which is owned by the Museum.
(5) Museum.--The term ``Museum'' means the National 9/11
Memorial Museum in the State.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New York.
SEC. 4. 9/11 MEMORIAL CROSS NATIONAL MONUMENT, NEW YORK.
The 9/11 Memorial Cross is hereby established as a national
monument.
SEC. 5. ADMINISTRATION OF MONUMENT.
(a) In General.--The Secretary shall administer the Monument in
accordance with--
(1) this Act; and
(2) any cooperative agreements entered into under
subsection (b)(1).
(b) Authorities of Secretary.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative management agreements with the Museum and the City,
in accordance with section 3(l) of Public Law 91-383 (16 U.S.C.
1a-2(l)).
(2) Acquisition of land.--The Secretary may acquire by
donation from the City any land or interest in land owned by
the City within the proposed boundary of the Monument.
(c) General Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary, in consultation with the
Museum and the City, shall complete a general management plan
for the Monument.
(2) Inclusions.--The management plan shall include, at a
minimum--
(A) measures for the preservation of the resources
of the Monument;
(B) requirements for the type and extent of
development and use of the Monument;
(C) identification of the capacity of the Monument
for accommodating visitors; and
(D) opportunities for involvement by the Museum,
City, State, and other local and national entities in--
(i) developing educational programs for the
Monument; and
(ii) developing and supporting the
Monument.
(d) Prohibition of Use of Federal Funds.--No Federal funds may be
used to pay the costs of--
(1) carrying out a cooperative agreement under subsection
(b)(1);
(2) acquiring land for inclusion in the Monument under
subsection (b)(2);
(3) developing a visitor center for the Monument;
(4) operating or maintaining the Monument;
(5) constructing exhibits for the Monument; or
(6) developing the general management plan under subsection
(c).
(e) Use of Non-Federal Funds.--Non-Federal funds may be used to pay
any costs that may be incurred by the Secretary or the National Park
Service in carrying out this section.
(f) Effect on Eligibility for Financial Assistance.--Nothing in
this Act affects the eligibility of the Monument for Federal grants or
other forms of financial assistance that the Monument would have been
eligible to apply for had National Park System status not been
conferred to the Monument under this Act.
(g) Termination of National Park System Status.--
(1) In general.--Designation of the Monument as a unit of
the National Park System shall terminate if the Secretary
determines that Federal funds are required to operate and
maintain the Monument.
(2) Reversion.--If the designation of the Monument as a
unit of the National Park System is terminated under paragraph
(1), any land acquired by the Secretary from the City under
subsection (b)(2) shall revert to the City.
SEC. 6. NO BUFFER ZONES.
Nothing in this Act, the establishment of the Monument, or the
management plan shall be construed to create buffer zones outside of
the Monument. | 9/11 Memorial Cross National Monument Establishment Act of 2011 - Establishes the 9/11 Memorial Cross located at the National 9/11 Memorial Museum in the city of New York, New York, as a national monument.
Requires the Secretary of the Interior to complete a general management plan for such monument.
Terminates designation of such monument as a unit of the National Park System if federal funds are required for the operation and maintenance of the monument. | {"src": "billsum_train", "title": "To establish the 9/11 Memorial Cross located at the National 9/11 Memorial Museum in New York as a national monument, and for other purposes."} | 1,355 | 93 | 0.500253 | 1.337836 | 0.623456 | 3.463415 | 15.621951 | 0.926829 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Executive Accountability Act of
2002''.
SEC. 2. PERFORMANCE-BASED COMPENSATION EXCEPTION TO $1,000,000
LIMITATION ON DEDUCTIBLE COMPENSATION NOT TO APPLY IN
CERTAIN CASES.
(a) In General.--Paragraph (4) of section 162(m) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Certain factors not permitted to be taken
into account in determining whether performance goals
are met.--Subparagraph (C) shall not apply if, in
determining whether the performance goals are met, any
of the following are taken into account:
``(i) Cost savings as a result of changes
to any qualified employer plan (as defined in
section 4972(d)).
``(ii) Excess assets of such a plan or
earnings thereon.
``(iii) Any excess of the amount assumed to
be the return on the assets of such a plan over
the actual return on such assets.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. INCLUSION IN GROSS INCOME OF FUNDED DEFERRED COMPENSATION OF
CORPORATE INSIDERS IF CORPORATION FUNDS DEFINED
CONTRIBUTION PLAN WITH EMPLOYER STOCK.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 409A. DENIAL OF DEFERRAL FOR FUNDED DEFERRED COMPENSATION OF
CORPORATE INSIDERS IF CORPORATION FUNDS DEFINED
CONTRIBUTION PLAN WITH EMPLOYER STOCK.
``(a) In General.--If an employer maintains a defined contribution
plan to which employer contributions are made in the form of employer
stock and such employer maintains a funded deferred compensation plan--
``(1) compensation of any corporate insider which is
deferred under such funded deferred compensation plan shall be
included in the gross income of the insider or beneficiary for
the 1st taxable year in which there is no substantial risk of
forfeiture of the rights to such compensation, and
``(2) the tax treatment of any amount made available under
the plan to a corporate insider or beneficiary shall be
determined under section 72 (relating to annuities, etc.).
``(b) Funded Deferred Compensation Plan.--For purposes of this
section--
``(1) In general.--The term `funded deferred compensation
plan' means any plan providing for the deferral of compensation
unless--
``(A) the employee's rights to the compensation
deferred under the plan are no greater than the rights
of a general creditor of the employer, and
``(B) all amounts set aside (directly or
indirectly) for purposes of paying the deferred
compensation, and all income attributable to such
amounts, remain (until made available to the
participant or other beneficiary) solely the property
of the employer (without being restricted to the
provision of benefits under the plan), and
``(C) the amounts referred to in subparagraph (B)
are available to satisfy the claims of the employer's
general creditors at all times (not merely after
bankruptcy or insolvency).
Such term shall not include a qualified employer plan.
``(2) Special rules.--
``(A) Employee's rights.--A plan shall be treated
as failing to meet the requirements of paragraph (1)(A)
unless--
``(i) the compensation deferred under the
plan is paid only upon separation from service,
death, or at a specified time (or pursuant to a
fixed schedule), and
``(ii) the plan does not permit the
acceleration of the time such deferred
compensation is paid by reason of any event.
If the employer and employee agree to a modification of
the plan that accelerates the time for payment of any
deferred compensation, then all compensation previously
deferred under the plan shall be includible in gross
income for the taxable year during which such
modification takes effect and the taxpayer shall pay
interest at the underpayment rate on the underpayments
that would have occurred had the deferred compensation
been includible in gross income when deferred.
``(B) Creditor's rights.--A plan shall be treated
as failing to meet the requirements of paragraph (1)(B)
with respect to amounts set aside in a trust unless--
``(i) the employee has no beneficial
interest in the trust,
``(ii) assets in the trust are available to
satisfy claims of general creditors at all
times (not merely after bankruptcy or
insolvency), and
``(iii) there is no factor (such as the
location of the trust outside the United
States) that would make it more difficult for
general creditors to reach the assets in the
trust than it would be if the trust assets were
held directly by the employer in the United
States.
``(c) Corporate Insider.--For purposes of this section, the term
`corporate insider' means, with respect to a corporation, any
individual who is subject to the requirements of section 16(a) of the
Securities Exchange Act of 1934 with respect to such corporation.
``(d) Other definitions.--For purposes of this section--
``(1) Plan includes arrangements, etc.--The term `plan'
includes any agreement or arrangement.
``(2) Substantial risk of forfeiture.--The rights of a
person to compensation are subject to a substantial risk of
forfeiture if such person's rights to such compensation are
conditioned upon the future performance of substantial services
by any individual.''
(b) Clerical Amendment.--The table of sections for such subpart A
is amended by adding at the end the following new item:
``Sec. 409A. Denial of deferral for
funded deferred compensation of
corporate insiders if
corporation funds defined
contribution plan with employer
stock.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts deferred after the date of the enactment of this Act.
SEC. 4. INCLUSION IN INCOME OF CERTAIN DEFERRED AMOUNTS OF INSIDERS OF
CORPORATIONS WHICH EXPATRIATE TO AVOID UNITED STATES
INCOME TAX.
(a) In General.--Part II of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items specifically included
in gross income) is amended by adding at the end the following new
section:
``SEC. 91. UNREALIZED GAIN ON STOCK OPTIONS OF INSIDERS OF CORPORATIONS
WHICH EXPATRIATE TO AVOID UNITED STATES INCOME TAX.
``(a) In General.--In the case of a corporate insider of any
expatriate corporation, the gross income of such insider (for the
taxable year during which such corporation becomes an expatriate
corporation) shall include as ordinary income the net unrealized built-
in gain on options held by such insider to acquire stock in such
corporation or in any member of the expanded affiliated group which
includes such corporation. Proper adjustments shall be made in the
amount of any gain or loss subsequently realized with respect to such
options for any amount included in gross income under the preceding
sentence.
``(b) Definitions.--For purposes of this section--
``(1) Corporate insider.--The term `corporate insider'
means, with respect to a corporation, any individual who is
subject to the requirements of section 16(a) of the Securities
Exchange Act of 1934 with respect to such corporation.
``(2) Expatriate corporation.--
``(A) In general.--The term `expatriate
corporation' means the acquiring corporation in a
corporate expatriation transaction.
``(B) Corporate expatriation transaction.--For
purposes of this paragraph--
``(i) In general.--The term `corporate
expatriation transaction' means any transaction
if--
``(I) a nominally foreign
corporation (referred to in this
subparagraph as the `acquiring
corporation') acquires, as a result of
such transaction, directly or
indirectly substantially all of the
properties held directly or indirectly
by a domestic corporation, and
``(II) immediately after the
transaction, more than 80 percent of
the stock (by vote or value) of the
acquiring corporation is held by former
shareholders of the domestic
corporation by reason of holding stock
in the domestic corporation.
``(ii) Lower stock ownership requirement in
certain cases.--Subclause (II) of clause (i)
shall be applied by substituting `50 percent'
for `80 percent' with respect to any nominally
foreign corporation if--
``(I) such corporation does not
have substantial business activities
(when compared to the total business
activities of the expanded affiliated
group) in the foreign country in which
or under the law of which the
corporation is created or organized,
and
``(II) the stock of the corporation
is publicly traded and the principal
market for the public trading of such
stock is in the United States.
``(iii) Partnership transactions.--The term
`corporate expatriation transaction' includes
any transaction if--
``(I) a nominally foreign
corporation (referred to in this
paragraph as the `acquiring
corporation') acquires, as a result of
such transaction, directly or
indirectly properties constituting a
trade or business of a domestic
partnership,
``(II) immediately after the
transaction, more than 80 percent of
the stock (by vote or value) of the
acquiring corporation is held by former
partners of the domestic partnership or
related foreign partnerships
(determined without regard to stock of
the acquiring corporation which is sold
in a public offering related to the
transaction), and
``(III) the acquiring corporation
meets the requirements of subclauses
(I) and (II) of clause (ii).
``(iv) Special rules.--For purposes of this
subparagraph--
``(I) a series of related
transactions shall be treated as 1
transaction, and
``(II) stock held by members of the
expanded affiliated group which
includes the acquiring corporation
shall not be taken into account in
determining ownership.
``(v) Nominally foreign corporation.--The
term `nominally foreign corporation' means any
corporation which would (but for this
subparagraph) be treated as a foreign
corporation.
``(3) Net realized built-in gain.--The term `net unrealized
built-in gain' means, with respect to options to acquire stock
in any corporation, the amount which would be required to be
included in gross income were such options exercised.
``(4) Expanded affiliated group.--The term `expanded
affiliated group' means an affiliated group (as defined in
section 1504(a) without regard to section 1504(b)).''
(b) Clerical Amendment.--The table of sections for such part II is
amended by adding at the end the following new item:
``Sec. 91. Certain deferred amounts of
insiders of corporations which
expatriate to avoid United
States income tax.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to corporate expatriation transactions completed
after September 11, 2001, and to taxable years ending after such date.
SEC. 5. GOLDEN PARACHUTE EXCISE TAX TO APPLY TO DEFERRED COMPENSATION
PAID BY CORPORATION AFTER MAJOR DECLINE IN STOCK VALUE OR
CORPORATION DECLARES BANKRUPTCY.
(a) In General.--Section 4999 of the Internal Revenue Code of 1986
(relating to golden parachute payments) is amended by redesignating
subsection (c) as subsection (d) and by inserting after subsection (b)
the following new subsection:
``(c) Tax To Apply to Deferred Compensation Paid After Major Stock
Value Decline or Bankruptcy.--
``(1) In general.--For purposes of this section, the term
`excess parachute payment' includes severance pay, and any
other payment of deferred compensation, which is received by a
corporate insider after the date that the insider ceases to be
employed by the corporation if--
``(A) there is at least a 75-percent decline in the
value of the stock in such corporation during the 1-
year period ending on such date, or
``(B) such corporation becomes a debtor in a title
11 or similar case (as defined in section 368(a)(3)(A))
during the 180-day period beginning 90 days before such
date.
Such term shall not include any payment from a qualified
employer plan.
``(2) Corporate insider.--For purposes of paragraph (1),
the term `corporate insider' means, with respect to a
corporation, any individual who is subject to the requirements
of section 16(a) of the Securities Exchange Act of 1934 with
respect to such corporation.''
(b) Effective Date.--The amendment made by this section shall apply
with respect to cessations of employment after the date of the
enactment of this Act. | Executive Accountability Act of 2002 - Amends the Internal Revenue Code to negate, in specified cases, the performance-based compensation exception to the $1,000,000 limitation on deductible compensation paid by publicly held corporations.Includes in gross income funded deferred compensation of a corporate insider if the insider's corporation funds its defined contribution plan with employer stock, with specified exceptions.Includes in gross income the net unrealized built-in gain on options held by a corporate insider to acquire stock in an expatriate corporation or in any member of an expanded affiliated group which includes such corporation.Applies the golden parachute excise tax to certain cases of deferred compensation paid by a corporation to a corporate insider after such individual has left the firm if the stock value of the corporation has recently suffered a major decline or the corporation has recently declared bankruptcy. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage more responsible corporate governance."} | 3,077 | 192 | 0.602059 | 1.626887 | 0.872439 | 2.811688 | 17.064935 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Take Back Your Health Act of 2009''.
SEC. 2. COVERAGE OF INTENSIVE LIFESTYLE TREATMENT.
(a) Intensive Lifestyle Treatment Program.--
(1) In general.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x) is amended--
(A) in subsection (s)(2)--
(i) in subparagraph (DD) by striking
``and'' at the end;
(ii) in subparagraph (EE) by inserting
``and'' at the end; and
(iii) by adding at the end the following
new subparagraph:
``(FF) items and services furnished under an
intensive lifestyle treatment program (as defined in
paragraph (hhh)(1)) to eligible beneficiaries (as
defined in paragraph (hhh)(4));''; and
(B) by adding at the end the following new
subsection:
``Intensive Lifestyle Treatment Program
``(hhh)(1) The term `intensive lifestyle treatment program' means a
physician-supervised program (as defined in paragraph (2)) that
furnishes the items and services described in paragraph (3) intended to
beneficially affect the progression of chronic diseases to eligible
beneficiaries (as defined in paragraph (4)).
``(2) A program described in this paragraph is a program under
which--
``(A) items and services under the program are delivered--
``(i) in a physician's office or clinic;
``(ii) in a hospital on an outpatient basis; or
``(iii) in other settings determined appropriate by
the Secretary;
``(B) a physician (as defined in section 1861(r)(1)) is
immediately available and accessible for medical consultation
and medical emergencies at all times items and services are
being furnished under the program, except that, in the case of
items and services furnished under such a program in a
hospital, such availability shall be presumed;
``(C) individualized treatment is furnished under a written
plan established and designed by a physician (as so defined) in
advance of the start of the program and reviewed and signed by
a physician every 60 days that describes--
``(i) the individual's diagnosis;
``(ii) the type, amount, frequency, and duration of
the items and services furnished under the plan; and
``(iii) the goals set for the individual under the
plan;
``(D) items and services may be provided in a series of 72
one-hour sessions (as defined in section 1848(b)(6)), up to 6
sessions per day, over a period of 18 weeks, and may include
group sessions with up to 15 other eligible beneficiaries; and
``(E) items and services may be provided--
``(i) by an intensive lifestyle team;
``(ii) under the direction of a physician (as so
defined); and
``(iii) if determined appropriate by the Secretary,
in the case of such items and services provided in
underserved areas, by a physician assistant, nurse
practitioner, or clinical nurse specialist as provided
under State law.
``(3) The items and services described in this paragraph are--
``(A) exercise;
``(B) risk factor modification, including education,
counseling, and behavioral intervention (to the extent such
education, counseling, and behavioral intervention is closely
related to the individual's care and treatment and is tailored
to the individual's needs);
``(C) psychosocial assessment;
``(D) provider consultation;
``(E) care coordination;
``(F) medication management;
``(G) medical nutritional therapy;
``(H) tobacco cessation;
``(I) outcomes assessment; and
``(J) such other items and services as the Secretary
determines appropriate, but only if such items and services
are--
``(i) reasonable and necessary for the diagnosis or
active treatment of the individual's condition;
``(ii) reasonably expected to improve or maintain
the individual's condition and functional level; and
``(iii) furnished under such guidelines relating to
the frequency and duration of such items and services
as the Secretary shall establish, taking into account
accepted norms of medical practice and the reasonable
expectation of improvement of the individual.
``(4) The term `eligible beneficiary' means an individual who is
entitled to, or enrolled for, benefits under part A and enrolled under
this part and who has been diagnosed with 1 or more of the following
conditions:
``(A) Coronary heart disease.
``(B) Type 2 diabetes.
``(C) Metabolic syndrome.
``(D) Prostate cancer.
``(E) Breast cancer.''.
(2) Payment for intensive lifestyle treatment programs.--
(A) Inclusion in physicians' services.--Section
1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-
4(j)(3)) is amended by inserting ``(2)(FF),'' after
``(2)(EE).''.
(B) Conforming amendment.--Section 1848(b) of the
Social Security Act (42 U.S.C. 1395w-4(b)) is amended
by adding at the end the following new paragraph:
``(6) Treatment of intensive lifestyle treatment program.--
``(A) In general.--In the case of an intensive
lifestyle treatment program described in section
1861(hhh)(2), the Secretary shall establish an
aggregate payment for items and services furnished
under such program (as described in section
1861(hhh)(3)) not to exceed the cost to the program
under this title for a hospitalization for a similarly
situated eligible beneficiary, subject to the
limitation under subparagraph (C).
``(B) Payment schedule.--The Secretary shall--
``(i) make a payment to such a program in
an amount that is equal to 50 percent of the
amount established under subparagraph (A) upon
completion of the initial consultation under
the program; and
``(ii) subject to the limitation described
in subparagraph (C), make a second payment to a
program for the balance of the amount defined
in subparagraph (A) upon completion of
treatment under the program.
``(C) Limitation.--
``(i) In general.--Notwithstanding the
provisions of subparagraph (B), an intensive
lifestyle treatment program shall not receive
the payment described in subparagraph (B)(ii)
unless it documents, upon the completion of the
program by an eligible beneficiary, that
services provided to such beneficiary under the
program are beneficially affecting the
progression of chronic disease or diseases in
the beneficiary, as measured under clause (ii)
with respect to 2 or more of the following
measures:
``(I) Measures described in
subclauses (I) through (V) of section
1861(eee)(4)(A)(ii).
``(II) High density lipoprotein.
``(III) Hemoglobin A1C.
``(IV) C-reactive protein.
``(V) Waist size.
``(VI) Elimination of cotinine
level as evidence that the eligible
beneficiary no longer uses tobacco.
``(VII) Prostate specific antigen
or other prognostic biomarkers of
prostate cancer.
``(VIII) Prognostic biomarkers of
breast cancer.
``(ii) Measurement.--The Secretary shall
determine the beneficial progression of chronic
disease or diseases under clause (i), using the
level of 2 or more of the measures described in
subclause (i) before receiving services under
such program and such levels after completion
of treatment under the program--
``(I) by normalization (as defined
by the Secretary); and
``(II) in the case of--
``(aa) measures described
in subclauses (I) through (V),
(VII), and (VIII), by at least
10 percent reduction; or
``(bb) the measure
described in subclause (VI), by
elimination.
``(iii) Refund of payments or costs in
certain circumstances.--In the case of an
eligible beneficiary who, within 1 year of
receiving an initial consultation under the
program, receives any other treatment covered
under part A or this part for any condition
that relates to the initial diagnosis resulting
in eligibility for the intensive lifestyle
treatment program, except for a physician
office visit for the purpose of making
adjustments to medication prescribed to the
eligible beneficiary, such program shall refund
to the Secretary the lesser of--
``(I) any payments made under
paragraph (B) for services provided to
the eligible beneficiary under the
program; or
``(II) the cost of such other
treatment covered under part A or this
part such condition.
``(D) Coverage of sessions.--
``(i) In general.--Items and services
provided under the program in a series of 72
one-hour sessions (as defined in clause (ii)),
up to 6 sessions per day, over a period of 18
weeks shall, subject to the limitation under
subparagraph (C), be eligible for the aggregate
payment established under subparagraph (A).
``(ii) Definition of session.--Each of the
services described in subparagraphs (A) through
(J) of section 1861(hhh)(3), when furnished for
1 hour, is a separate session under an
intensive lifestyle treatment program.''.
(b) Copayments for Intensive Lifestyle Treatment Items and
Services.--Section 1833(a)(1) of the Social Security Act (42 U.S.C.
1395l(a)(1)) is amended--
(1) by striking ``and'' before (W);
(2) by inserting before the semicolon at the end the
following: ``, and (X) with respect to items and services
furnished under an intensive lifestyle treatment program (as
defined in section 1861(hhh)(2)), the amount paid shall be 100
percent of the lesser of the actual charge for the services or
the amount determined under section 1848(b)(6)(A)''.
(c) Lifestyle Rewards Program.--Title XVIII of the Social Security
Act is amended by adding at the end the following new section:
``SEC. 1899. LIFESTYLE REWARDS PROGRAMS.
``(a) Establishment.--The Secretary shall establish a Lifestyle
Rewards Program (in this section referred to as the `program') for
eligible beneficiaries (as defined in section 1861(s)(2)(hhh)(4)) who
have successfully completed an intensive lifestyle treatment program
(as defined in section 1861(hhh)(2)) and meet the requirements
described in subsection (b).
``(b) Requirements.--In order to receive an award under the
program, an eligible beneficiary must--
``(1) demonstrate that the program has beneficially
affected the progression of chronic disease or diseases in the
beneficiary upon completion of the program, as measured under
clause (ii) of section 1848(b)(6)(C) with respect to 2 or more
of the measures described in clause (i) of such section; and
``(2) during the 1 year period beginning on the date of an
initial consultation under the lifestyle treatment program,
receive no other treatment under part A or this part for any
condition that relates to the initial diagnosis resulting in
eligibility for the intensive lifestyle treatment program,
except for a physician office visit for the purpose of making
adjustments to medication prescribed to the eligible
beneficiary.
``(c) Form of Reward.--The Secretary shall make such award to
eligible beneficiaries described in subsection (a) in such form and
manner as the Secretary, by regulation, shall prescribe.
``(d) Amount of Reward.--The amount of such award for each such
eligible beneficiary shall be $200.''.
(d) Effective Date.--The amendments made by this section shall
apply to items and services furnished on or after January 1, 2010.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that the services provided under a
intensive lifestyle treatment program (as defined in section
1861(hhh)(2) of the Social Security Act, as added by section 2(a))--
(1) would benefit individuals with chronic diseases who are
not enrolled in the Medicare Program under title XVIII of the
Social Security Act; and
(2) should be covered by all public and private payers. | Take Back Your Health Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to cover intensive lifestyle treatment, which is a physician-supervised program furnishing to eligible beneficiaries certain exercise, medication, nutritional, and other specified items and services intended to affect beneficially the progression of chronic coronary heart disease, Type 2 diabetes, metabolic syndrome, prostate cancer, or breast cancer.
Directs the Secretary of Health and Human Services (HHS) to establish a Lifestyle Rewards Program for eligible beneficiaries who have successfully completed an intensive lifestyle program and meet certain other requirements.
Expresses the sense of Congress that the services provided under an intensive lifestyle treatment program: (1) would benefit individuals with chronic diseases who are not enrolled in the Medicare program; and (2) should be covered by all public and private payers. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide coverage of intensive lifestyle treatment."} | 2,774 | 172 | 0.551136 | 1.473909 | 0.778797 | 4.389937 | 16.08805 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Captive Primate Safety Act''.
SEC. 2. ADDITION OF NONHUMAN PRIMATES TO DEFINITION OF PROHIBITED
WILDLIFE SPECIES.
Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(g)) is amended by inserting before the period at the end ``or any
nonhuman primate''.
SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.
(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``or'' after the semicolon;
(ii) in subparagraph (B)(iii), by striking
``; or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by inserting ``or subsection
(e)'' before the period; and
(2) in subsection (e)--
(A) by redesignating paragraphs (2), (3), (4), and
(5) as paragraphs (3), (4), (5), and (6) respectively;
(B) by striking ``(e)'' and all that follows
through ``Subsection (a)(2)(C) does not apply'' in
paragraph (1) and inserting the following:
``(e) Captive Wildlife Offense.--
``(1) In general.--It is unlawful for any person to import,
export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce any live animal of any
prohibited wildlife species.
``(2) Limitation on application.--This subsection--
``(A) does not apply to a person transporting a
nonhuman primate to or from a veterinarian who is
licensed to practice veterinary medicine within the
United States, solely for the purpose of providing
veterinary care to the nonhuman primate, if--
``(i) the person transporting the nonhuman
primate carries written documentation issued by
the veterinarian, including the appointment
date and location;
``(ii) the nonhuman primate is transported
in a secure enclosure appropriate for that
species of primate;
``(iii) the nonhuman primate has no contact
with any other animals or members of the
public, other than the veterinarian and other
authorized medical personnel providing
veterinary care; and
``(iv) such transportation and provision of
veterinary care is in accordance with all
otherwise applicable State and local laws,
regulations, permits, and health certificates;
``(B) does not apply to a person transporting a
nonhuman primate to a legally designated caregiver for
the nonhuman primate as a result of the death of the
preceding owner of the nonhuman primate, if--
``(i) the person transporting the nonhuman
primate is carrying legal documentation to
support the need for transporting the nonhuman
primate to the legally designated caregiver;
``(ii) the nonhuman primate is transported
in a secure enclosure appropriate for the
species;
``(iii) the nonhuman primate has no contact
with any other animals or members of the public
while being transported to the legally
designated caregiver; and
``(iv) all applicable State and local
restrictions on such transport, and all
applicable State and local requirements for
permits or health certificates, are complied
with;
``(C) does not apply to a person transporting a
nonhuman primate solely for the purpose of assisting an
individual who is permanently disabled with a severe
mobility impairment, if--
``(i) the nonhuman primate is a single
animal of the genus Cebus;
``(ii) the nonhuman primate was obtained
from, and trained at, a licensed nonprofit
organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 the nonprofit
tax status of which was obtained--
``(I) before July 18, 2008; and
``(II) on the basis that the
mission of the organization is to
improve the quality of life of severely
mobility-impaired individuals;
``(iii) the person transporting the
nonhuman primate is a specially trained
employee or agent of a nonprofit organization
described in clause (ii) that is transporting
the nonhuman primate to or from a designated
individual who is permanently disabled with a
severe mobility impairment, or to or from a
licensed foster care home providing specialty
training of the nonhuman primate solely for
purposes of assisting an individual who is
permanently disabled with severe mobility
impairment;
``(iv) the person transporting the nonhuman
primate carries documentation from the
applicable nonprofit organization that includes
the name of the designated individual referred
to in clause (iii);
``(v) the nonhuman primate is transported
in a secure enclosure that is appropriate for
that species;
``(vi) the nonhuman primate has no contact
with any animal or member of the public, other
than the designated individual referred to in
clause (iii); and
``(vii) the transportation of the nonhuman
primate is in compliance with--
``(I) all applicable State and
local restrictions regarding the
transport; and
``(II) all applicable State and
local requirements regarding permits or
health certificates; and
``(D) does not apply'';
(C) in paragraph (2) (as added by subparagraph
(B))--
(i) by striking ``a'' before ``prohibited''
and inserting ``any'';
(ii) by striking ``(3)'' and inserting
``(4)''; and
(iii) by striking ``(2)'' and inserting
``(3)'';
(D) in paragraph (3) (as redesignated by
subparagraph (A))--
(i) in subparagraph (C)--
(I) in clauses (ii) and (iii), by
striking ``animals listed in section
2(g)'' each place it appears and
inserting ``prohibited wildlife
species''; and
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(ii) in subparagraph (D), by striking
``animal'' each place it appears and inserting
``prohibited wildlife species'';
(E) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``(2)'' and inserting
``(3)''; and
(F) in paragraph (6) (as redesignated by
subparagraph (A))--
(i) by striking ``subsection (a)(2)(C)''
and inserting ``this subsection''; and
(ii) by striking ``2004 through 2008'' and
inserting ``2011 through 2015''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by inserting ``(e),'' after
``subsections (b), (d),''; and
(2) in paragraph (1), by inserting ``, (e),'' after
``subsection (d)''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by inserting ``(e),'' after
``subsections (b), (d),'' each place it appears; and
(2) in paragraph (3), by inserting ``, (e),'' after
``subsection (d)''.
(d) Effective Date; Regulations.--
(1) Effective date.--Subsections (a) through (c), and the
amendments made by those subsections, shall take effect on the
earlier of--
(A) the date of promulgation of regulations under
paragraph (2); and
(B) the expiration of the period referred to in
paragraph (2).
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
promulgate regulations implementing the amendments made by this
section.
SEC. 4. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b).
SEC. 5. REGULATIONS.
Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
3376(a)) is amended by adding at the end the following:
``(3) The Secretary shall, in consultation with other
relevant Federal and State agencies, promulgate regulations to
implement section 3(e).''. | Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add nonhuman primates to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce.
Makes it unlawful for a person to import, export, transport, sell, receive, acquire, or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Sets forth exceptions to such prohibition, including, under certain conditions, for: (1) transporting a nonhuman primate to or from a veterinarian, (2) transporting a nonhuman primate to a legally designated caregiver as a result of the death of the preceding owner, and (3) transporting a single primate of the genus Cebus that was obtained from and trained by a charitable organization to assist a permanently disabled individual with a severe mobility impairment.
Sets forth civil and criminal penalties for violations of the requirements of this Act. Extends the authorization of appropriations to carry out such prohibition for FY2011-FY2015. | {"src": "billsum_train", "title": "A bill to amend the Lacey Act Amendments of 1981 to prohibit the importation, exportation, transportation, and sale, receipt, acquisition, or purchase in interstate or foreign commerce, of any live animal of any prohibited wildlife species, and for other purposes."} | 2,100 | 248 | 0.624037 | 1.971118 | 0.88046 | 3.063725 | 9.254902 | 0.848039 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cancer Centers Assistance for
Renovations and Expansion Act of 2010''.
SEC. 2. CANCER CENTER CONSTRUCTION LOAN PROGRAM.
The Social Security Act is amended by inserting after section 1897
the following new section:
``cancer center construction loan program
``Sec. 1897A. (a) Establishment.--The Secretary shall establish a
loan program that provides loans to qualifying cancer centers (as
defined in subsection (b)) for payment of the capital costs of projects
for the improvement of research, prevention, or patient care
infrastructure.
``(b) Qualifying Cancer Center and Other Definitions.--In this
section:
``(1) The term `qualifying cancer center' means an entity
that--
``(A) is designated as a cancer center or
comprehensive cancer center by the National Cancer
Institute; or
``(B) is both a National Cancer Institute-
designated comprehensive cancer center and a cancer
hospital described in section 1886(d)(1)(B)(v).
``(2) The term `project for the improvement of research,
prevention, or patient care infrastructure' means--
``(A) the expansion, remodeling, renovating, or
altering of an existing clinical, prevention, or
research facility; or
``(B) the construction of a new clinical,
prevention, or research facility.
``(3) The term `intended use' means the purposes for which
the infrastructure improvements were made.
``(4) The term `shovel ready' means, with respect to a
project, that construction of the project--
``(A) has begun as of the date of the enactment of
this section; or
``(B) is ready (subject only to the receipt of
permits) to begin, and will begin, not later than 90
days after such date.
``(c) Application; Qualifications; Terms of Loans.--
``(1) In general.--No loan may be provided under this
section to a qualifying cancer center except pursuant to an
application that is submitted and approved in a time, manner,
and form specified by the Secretary.
``(2) Qualifications.--A loan may not be provided under
this section for a project for a qualifying cancer center
unless the applicant provides assurances satisfactory to the
Secretary that--
``(A) the project is a project for the improvement
of research, prevention, or patient care infrastructure
of the center;
``(B) the project is shovel ready;
``(C) the applicant will use the facility improved
or resulting from the project for its intended use for
a period of at least 20 years after completion of the
project and has sufficient funds available to
demonstrate effective use of such facility for its
intended use;
``(D) sufficient funds will be available to meet
the non-Federal share of the cost of the infrastructure
improvement; and
``(E) the proposed infrastructure improvement will
expand the applicant's capacity for research,
prevention or patient care, or is necessary to improve
or maintain the quality of the applicant's research,
prevention, or patient care.
``(3) No further requirements.--The Secretary shall not
promulgate any further requirements or restrictions on a
qualifying cancer center to obtain assistance under this
section other than those specified in this section.
``(4) Terms of loans.--
``(A) In general.--Loans under this section shall
be made consistent with the requirements of this
section.
``(B) Interest rate.--The interest rate for loans
provided under this section shall be at lowest of the
following (as published or determined, as the case may
be, as of the date of the enactment of this section):
``(i) Prime rate.--The bank prime loan rate
posted by a majority of the largest 25 United
States chartered commercial banks, as
determined based on assets in domestic offices
and as published by the Board of Governors of
the Federal Reserve System.
``(ii) Minimum federal interest rate.--The
minimum annual rate of interest determined
under section 3717(a) of title 31, United
States Code.
``(iii) Municipal market data rate.--The
Municipal Market Data (MMD) rate for triple-A
rated bonds with a 1-year maturity, as
published by Thomson Financial Services.
``(C) Limitations on loans.--The maximum, aggregate
amount of loans that may be made under this section
(and for which reimbursement may be provided under
subsection (d)(2)) for a qualifying cancer center is 75
percent of the total project costs, but not to exceed--
``(i) $100,000,000 for a qualifying cancer
center described in subsection (b)(1)(B); or
``(ii) $50,000,000 for any other qualifying
cancer center.
``(d) Forgiveness; Reimbursement Alternative.--
``(1) In general.--The Secretary may forgive repayment of a
loan under this section to a qualifying cancer center described
in subsection (b)(1)(B) if the center submits to the Secretary
a written request for loan forgiveness under this paragraph and
demonstrates that under the project for which the loan was made
the center--
``(A) has made reasonable depth and breadth of
research activities in each of the three major areas of
laboratory research, clinical research, and population-
based research, with substantial transdisciplinary
research that bridges these scientific areas;
``(B) has initiated and conducted investigator-
initiated, early phase, innovative clinical trials; and
``(C) has performed community service, outreach,
dissemination, and education and training of biomedical
researchers and health care professionals.
``(2) Alternative of reimbursement of other loans.--The
Secretary shall establish an alternative to making a loan and
providing loan forgiveness under paragraph (1) under which a
qualifying cancer center may elect to obtain a loan from a
source other than under this section, and, in the event that it
would otherwise qualify for loan forgiveness under paragraph
(1), the Secretary shall provide for reimbursement for the
amount of such loan.
``(e) Funding.--
``(1) In general.--To carry out this section, there are
appropriated out of amounts in the Treasury not otherwise
appropriated, $900,000,000.
``(2) Administrative costs.--For the administration of this
section, Secretary may not use more than $1,000,000 from the
funds made available under paragraph (1) for fiscal years 2011
through 2013.
``(3) Availability.--Amounts appropriated under this
section shall be available for obligation and obligated during
the period beginning on October 1, 2010, and ending on
September 30, 2013.
``(f) Report to Congress.--Not later than 3 years after the date of
the enactment of this section, the Secretary shall submit to Congress a
report on the projects for which loans are provided under this section
(or reimbursement is provided under subsection (d)(2)) and a
recommendation as to whether the Congress should authorize the
Secretary to continue loans under this section beyond fiscal year
2013.''. | Cancer Centers Assistance for Renovations and Expansion Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to establish a program that provides loans to qualifying cancer centers for payment of the capital costs of projects for the improvement of research, prevention, or patient care infrastructure.
Sets the maximum amount of such loans at: (1) $50 million for any cancer center or comprehensive cancer center designated by the National Cancer Institute; and (2) $100 million for any entity that is a National Cancer Institute-designated comprehensive cancer center and a cancer hospital meeting certain requirements for a subsection (d) hospital.
(Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to establish a cancer center construction loan program."} | 1,539 | 191 | 0.645551 | 1.873181 | 0.880958 | 3.068966 | 8.448276 | 0.816092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Transparency to Have Drug
Rebates Unlocked (C-THRU) Act of 2017''.
SEC. 2. PUBLIC DISCLOSURE OF DRUG DISCOUNTS.
(a) In General.--Section 1150A of the Social Security Act (42
U.S.C. 1320b-23) is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``this section'' and inserting ``subsection
(b)(1)''; and
(2) by adding at the end the following new subsection:
``(e) Public Availability of Certain Information.--In order to
allow patients and employers to compare PBMs' ability to negotiate
rebates, discounts, and price concessions and the amount of such
rebates, discounts, and price concessions that are passed through to
plan sponsors, beginning January 1, 2018, the Secretary shall make
available on the Internet website of the Department of Health and Human
Services the information provided to the Secretary under paragraphs (2)
and (3) of subsection (b) with respect to each PBM. The Secretary shall
ensure that such information is displayed in a manner that prevents the
disclosure of information on rebates, discounts, and price concessions
with respect to an individual drug or an individual plan.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2018.
SEC. 3. MINIMUM DRUG DISCOUNTS REQUIRED TO BE PASSED THROUGH TO THE
PLAN SPONSOR.
(a) In General.--Section 1150A of the Social Security Act (42
U.S.C. 1320b-23), as amended by section 2(a)(2), is amended--
(1) in the heading, by inserting ``; minimum drug discounts
required to be passed through to the plan sponsor'' before the
period at the end; and
(2) by adding at the end the following new subsection:
``(f) Minimum Drug Discounts Required To Be Passed Through to the
Plan Sponsor.--
``(1) Requirement.--Beginning January 1, 2020, a PBM that
manages prescription drug coverage under a contract with a PDP
sponsor or MA organization described in subsection (b)(1) or a
qualified health benefits plan described in subsection (b)(2),
shall, with respect to the plan sponsor of a health benefits
plan, pass through to the plan sponsor a minimum percent (as
established by the Secretary) of the aggregate amount of the
rebates, discounts, or price concessions that the PBM
negotiates that are attributable to patient utilization under
the plan.
``(2) Establishment.--The Secretary shall establish the
minimum percent described in paragraph (1) in such a manner as
will ensure that patients receive the maximum benefit of
rebates, discounts, or price concessions while taking into
account the costs of negotiating such rebates, discounts, and
price concessions.
``(3) Enforcement.--A PDP sponsor of a prescription drug
plan or an MA organization offering an MA-PD plan under part D
of title XVIII may not contract with a PBM that is not in
compliance with the requirement under paragraph (1).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on January 1, 2020.
SEC. 4. PART D NEGOTIATED PRICES REQUIRED TO TAKE INTO ACCOUNT ALL
PRICE CONCESSIONS AT THE POINT-OF-SALE.
(a) In General.--Section 1860D-2(d)(1)(B) of the Social Security
Act (42 U.S.C. 1395w-102(d)(1)(B)) is amended--
(1) by striking ``prices.--For purposes'' and inserting
``prices.--
``(i) In general.--For purposes''; and
(2) by adding at the end the following new clause:
``(ii) Negotiated prices at point-of-
sale.--
``(I) In general.--Negotiated
prices for covered part D drugs
described in clause (i), including all
price negotiated concessions, shall be
provided at the point-of-sale of the
covered part D drug. If the negotiated
price, including all negotiated price
concessions, is not possible to
calculate at the point-of-sale, an
approximate negotiated price (as
established by the Secretary) shall be
used under the prescription drug plan
or MA-PD plan.
``(II) Approximate negotiated
price.--In determining an approximate
negotiated price for a covered part D
drug under subclause (I), the Secretary
shall ensure that--
``(aa) such price reflects
the estimated negotiated price
that is based on the previous
year's negotiated price
concessions negotiated under
the plan for all or similar
covered part D drugs or is
based on such other factors as
the Secretary may determine
appropriate; and
``(bb) the use of such
price does not prevent the use
of value-based contracts
between drug manufacturers, PDP
sponsors, MA organizations, and
pharmacies.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to plan years beginning on or after January 1, 2019. | Creating Transparency to Have Drug Rebates Unlocked (C-THRU) Act of 2017 This bill amends title XI (General Provisions) of the Social Security Act (SSAct) to require the public disclosure of certain information provided to the Department of Health and Human Services (HHS) by a pharmacy benefit manager (PBM) that contracts with: (1) a prescription drug plan (PDP) under Medicare or Medicare Advantage (MA), or (2) a qualified health benefits plan offered through an exchange established under the Patient Protection and Affordable Care Act. Specifically, HHS must publish on its website, with respect to each PBM, information regarding: (1) the amount and type of rebates and discounts negotiated by the PBM and the extent to which these rebates and discounts are passed on to the plan sponsor, and (2) the difference between the amount paid by the plan sponsor to the PBM and the amount paid by the PBM to pharmacies. As a condition of participation as a contractor under Medicare or MA, a PBM must pass on to a PDP sponsor a minimum percentage, as established by HHS, of the amount of rebates and discounts negotiated by the PBM that are attributable to patient utilization under the plan. The bill also amends title XVIII (Medicare) of the SSAct to modify requirements regarding enrollees' access to negotiated drug prices. Current law requires a PDP sponsor to provide enrollees in Medicare or MA with access to negotiated drug prices that account for rebates and discounts. The bill requires that, with respect to a covered drug, a negotiated price (or, if necessary, an approximate negotiated price) be provided at the point of sale. | {"src": "billsum_train", "title": "Creating Transparency to Have Drug Rebates Unlocked (C-THRU) Act of 2017"} | 1,195 | 539 | 0.623138 | 2.250096 | 0.419613 | 2.041958 | 3.615385 | 0.755245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``David's Sling Authorization Act for
Fiscal Year 2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Israel is threatened by missiles and rockets from
adversaries in the region.
(2) Over the past several years, with the assistance of the
governments of the Islamic Republic of Iran and Syria,
Hezbollah and Hamas have increased their stockpile of rockets
and missiles, which are ready to be fired at Israel. The
Lebanon conflict in 2006 proved that Large Caliber Artillery
Rockets (LCARs) and Short Range Ballistic Missiles (SRBMs) have
become an immediate mortal threat to the Israeli civilian
population and are in the possession of Hezbollah and Syria.
(3) In 2014, Hezbollah took possession of advanced guided-
missile systems from Syria, representing a major upgrade from
the tens of thousands unguided rockets in Hezbollah's
possession.
(4) Hamas militants recently acquired long-range M-302
rockets and fired them deeper into Israel than they ever had
before.
(5) In 2008, the United States and Israel signed a project
agreement to co-develop the David's Sling system.
(6) The David's Sling system will provide Israel an
effective and affordable defense against the threat of LCAR,
Tactical Ballistic Missiles (TBM) and against the emerging
Cruise Missile and similar representative threats, currently
proliferating in the region.
(7) Israeli Ballistic Missile Defense (BMD) multi-tier
architecture is comprised of the Upper Tier (Arrow Weapon
System with Arrow 2 and Arrow 3 interceptors) and Lower Tier
(David's Sling and Iron Dome systems). Arrow 2 and Iron Dome
are operational, while David's Sling is expected to reach its
initial operational capability shortly, followed by Arrow 3 in
near future.
(8) Each system is designed to optimally encounter its own
range of threats, with a limited planned overlap between them.
David's Sling is designed to provide a regionally versatile
defense in a range between Iron Dome and Arrow 2 systems.
(9) The missile and rocket threat to Israel is immediate.
Rapid development and deployment of the David's Sling system is
crucial to provide an enhanced defense to the State of Israel
and its people.
(10) The fiscal year 2016 requirement for maintaining the
cost and schedule for the Arrow II, Arrow III, David's Sling,
and Iron Dome programs is $475,200,000 to support research,
testing, development, and procurement of these systems.
(11) Of the $475,200,000, $136,900,000 is required in
fiscal year 2016 for completion of research and development and
$150,000,000 is required for the procurement of David's Sling
system components.
(12) The United States-Israel Enhanced Security Cooperation
Act of 2012 (Public Law 112-150) reaffirmed the commitment of
the United States to the security of Israel as a Jewish State
and to assist in the defense of Israel and to protect United
States interests.
(13) The United States-Israel Strategic Partnership Act of
2014 (Public Law 113-296) designated Israel as a Major
Strategic Partner of the United States.
SEC. 3. DEVELOPMENT AND PRODUCTION OF DAVID'S SLING WEAPONS PROGRAM.
(a) Authority.--The Secretary of Defense may carry out activities
relating to the research, development, test, and evaluation and
procurement of the David's Sling weapons program.
(b) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated for the Department of Defense
for fiscal year 2016, to carry out this section there is authorized to
be appropriated for fiscal year 2016--
(1) for procurement, Defense-wide, $150,000,000; and
(2) for research, development, test, and evaluation,
Defense-wide, $136,900,000.
(c) Sense of Congress on Coproduction.--It is the Sense of Congress
that--
(1) the United States and the Government of Israel should
enter into a production agreement that specifies the terms of
coproduction, program schedule, and an itemization of costs
with respect to the David's Sling weapons program production
activities;
(2) such production agreement should strive for
coproduction of the David's Sling components to the most
optimal level and schedule; and
(3) reaching such a bilateral production agreement, to
include funds disbursement policy, should be a priority, as has
been done in other missile defense programs. | David's Sling Authorization Act for Fiscal Year 2016 This bill authorizes the Secretary of Defense carry out activities relating to the research, development, test, and evaluation and procurement of the David's Sling weapons program. It is the sense of Congress that: the United States and Israel should enter into a production agreement that specifies the terms of coproduction, program schedule, and an itemization of costs for the David's Sling weapons program production; such production agreement should strive for optimal coproduction of the David's Sling components; and reaching such a bilateral production agreement, which includes funds disbursement policy, should be a priority. | {"src": "billsum_train", "title": "David's Sling Authorization Act for Fiscal Year 2016"} | 989 | 139 | 0.477993 | 1.538745 | 0.642776 | 6.575 | 7.608333 | 0.941667 |
SECTION 1. CARRYOVER OF UNUSED BENEFITS FROM
CAFETERIA PLANS AND FLEXIBLE SPENDING
ARRANGEMENTS.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
(relating to cafeteria plans) is amended by redesignating subsections
(h) and (i) as subsections (i) and (j), respectively, and by inserting
after subsection (g) the following new subsection:
``(h) Allowance of Carryovers of Unused Benefits to Later Taxable
Years.--
``(1) In general.--For purposes of this title--
``(A) a plan or other arrangement shall not fail to
be treated as a cafeteria plan or flexible spending or
similar arrangement, and
``(B) no amount shall be required to be included in
gross income by reason of this section or any other
provision of this chapter,
solely because under such plan or other arrangement any
nontaxable benefit which is unused as of the close of a taxable
year may be carried forward to 1 or more succeeding taxable
years.
``(2) Limitation.--Paragraph (1) shall not apply to amounts
carried from a plan to the extent such amounts exceed $3,000
(applied on an annual basis). For purposes of this paragraph,
all plans and arrangements maintained by an employer or any
related person shall be treated as 1 plan.
``(3) Allowance of rollover.--
``(A) In general.--Each flexible spending or
similar arrangement which permits a carryover under
paragraph (1) of an amount of unused benefit shall
provide that each participant may elect, in lieu of a
carryover of such amount, to have such amount
distributed to the participant.
``(B) Amounts not included in income.--Any
distribution under subparagraph (A) shall not be
included in gross income to the extent that such amount
is transferred in a trustee-to-trustee transfer, or is
contributed within 60 days of the date of the
distribution, to--
``(i) an individual retirement plan,
``(ii) a qualified cash or deferred
arrangement described in section 401(k),
``(iii) a plan under which amounts are
contributed by an individual's employer for an
annuity contract described in section 403(b),
``(iv) an eligible deferred compensation
plan described in section 457,
``(v) a medical savings account (within the
meaning of section 220),
``(vi) an education individual retirement
account (within the meaning of section 530(b)),
or
``(vii) a health care reimbursement
rollover account described in section 530A.
Any amount rolled over under this subparagraph shall be
treated as a rollover contribution for the taxable year
from which the unused amount would otherwise be
carried.
``(C) Treatment of rollover.--Any amount rolled
over under subparagraph (B) shall be treated as an
eligible rollover under section 219, 220, 401(k),
403(b), 457, 530, or 530A, whichever is applicable, and
shall not be taken into account in applying any
limitation (or participation requirement) on
contributions under such section or any other provision
of this chapter for the taxable year of the rollover.
``(4) Cost-of-living adjustment.--In the case of any
taxable year beginning in a calendar year after 1999, the
$3,000 amount under paragraph (2) shall be adjusted at the same
time and in the same manner as under section 415(d)(2), except
that the base period taken into account shall be the calendar
quarter beginning October 1, 1999, and any increase which is
not a multiple of $50 shall be rounded to the next lowest
multiple of $50.''
(b) Health Care Reimbursement Rollover Account.--Subchapter F of
chapter 1 of subtitle A of the Internal Revenue Code of 1986 is amended
by adding at the end the following:
``PART IX--HEALTH CARE REIMBURSEMENT ROLLOVER ACCOUNTS
``Sec. 530A. Health care reimbursement
rollover accounts.
``SEC. 530A. HEALTH CARE REIMBURSEMENT ROLLOVER ACCOUNTS.
``(a) General Rule.--A health care reimbursement rollover account
shall be exempt from taxation under this subtitle unless such account
has ceased to be a health care reimbursement rollover account.
Notwithstanding the preceding sentence, any such account is subject to
the taxes imposed by section 511 (relating to imposition of tax on
unrelated business income of charitable, etc. organizations).
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Health care reimbursement rollover account.--The term
`health care reimbursement rollover account' means a trust
created or organized in the United States exclusively for the
purpose of paying the qualified medical expenses of the account
holder, but only if the written governing instrument creating
the trust meets the following requirements:
``(A) No contribution will be accepted unless it is
a rollover contribution allowed under section
125(h)(3).
``(B) The trustee is a bank (as defined in section
408(n)), an insurance company (as defined in section
816), or another person (including the employer of the
account holder) who demonstrates to the satisfaction of
the Secretary that the manner in which such person will
administer the trust will be consistent with the
requirements of this section.
``(C) The assets of the trust will be invested only
in appropriate guaranteed principle and interest
investments which provide 100 percent liquidity.
``(D) Contributions to the trust will not be
invested until the second year after the year the
contributions are made.
``(E) The interest of an individual in the balance
in his account is nonforfeitable.
``(2) Qualified medical expenses.--
``(A) In general.--The term `qualified medical
expenses' means, with respect to an account holder,
amounts paid by such holder for medical care (as
defined in section 213(d)) for such individual, the
spouse of such individual, and any dependent (as
defined in section 152) of such individual, but only to
the extent such amounts are not compensated for by
insurance or otherwise.
``(B) Health insurance may not be purchased from
account.--
``(i) In general.--Subparagraph (A) shall
not apply to any payment for coverage under a
group health plan of an employer of the account
holder or the spouse of the account holder.
``(ii) Exceptions.--Clause (i) shall not
apply to any expense for coverage under--
``(I) a health plan during any
period of continuation coverage
required under any Federal law,
``(II) a qualified long-term care
insurance contract (as defined in
section 7702B(b)), or
``(III) a medicare supplemental
policy under section 1882 of the Social
Security Act.
``(3) Account holder.--The term `account holder' means the
individual on whose behalf the health care reimbursement
rollover account was established.
``(4) Certain rules to apply.--Rules similar to rules under
section 408(h) (relating to custodial accounts) shall apply for
purposes of this section.
``(c) Tax Treatment Of Account Terminations.--Rules similar to the
rules of paragraphs (2) and (4) of section 408(e) shall apply to health
care reimbursement rollover accounts and any amount treated as
distributed under such rules shall be treated as not used to pay
qualified medical expenses.
``(d) Tax Treatment Of Distributions.--
``(1) Amounts used for qualified medical expenses.--Any
amount paid or distributed out of a health care reimbursement
rollover account which is used exclusively to pay qualified medical
expenses of any account holder shall not be includible in gross income.
``(2) Inclusion of amounts not used for qualified medical
expenses.--Any amount paid or distributed out of a health care
reimbursement rollover account which is not used exclusively to
pay the qualified medical expenses of the account holder shall
be included in the gross income of such holder.
``(3) Coordination with medical expense deduction.--For
purposes of determining the amount of the deduction under
section 213 or 162(l), any payment or distribution out of a
health care reimbursement rollover account for qualified
medical expenses shall not be treated as an expense paid for
medical care.
``(4) Transfer of account incident to divorce.--The
transfer of an individual's interest in a health care
reimbursement rollover account to an individual's spouse or
former spouse under a divorce or separation instrument
described in subparagraph (A) of section 71(b)(2) shall not be
considered a taxable transfer made by such individual
notwithstanding any other provision of this subtitle, and such
interest shall, after such transfer, be treated as a health
care reimbursement rollover account with respect to which such
spouse is the account holder.
``(5) Treatment after death of account holder.--
``(A) Exclusion from estate tax.--The value of the
gross estate under chapter 11 shall be determined
without regard to the value of health care
reimbursement rollover account.
``(B) Transfer of account to designated
beneficiary.--If any individual acquires the account
holder's interest in a health care reimbursement
rollover account by reason of being the designated
beneficiary of such account at the death of such
account holder, such account shall be treated as if the
beneficiary were the account holder.
``(C) Special rule.--If any person other than an
individual acquires the account holder's interest in a
health care reimbursement rollover account by reason of
being the designated beneficiary of such account at the
death of such account holder, such account shall cease
to be a health care reimbursement rollover account as
of the date of death.
``(e) Reports.--The Secretary may require the trustee of a health
care reimbursement rollover account to make such reports regarding such
account to the Secretary and to the account holder with respect to
contributions, distributions, and such other matters as the Secretary
determines appropriate. The reports required by this subsection shall
be filed at such time and in such manner and furnished to such
individuals at such time and in such manner as may be required by the
Secretary.''.
(c) Clerical Amendment.--The table of parts for subchapter F of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part IX. Health care reimbursement
rollover accounts.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999. | Exempts a health care reimbursement rollover account from Federal income tax unless such account ceases to be that type of account. Subjects such account to taxation on unrelated business income. Outlines account qualification requirements. Considers as nontaxable income any amounts paid out of such accounts when used exclusively for qualified medical expenses, while considering as taxable any amounts used otherwise. Excludes account funds from estate taxes. Considers the transfer of such an account to a designated beneficiary as if the beneficiary were the original account holder. Authorizes the Secretary of the Treasury to require from an account trustee appropriate reports concerning account contributions, distributions, and related matters. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow unused benefits from cafeteria plans to be carried over into later years and used for health care reimbursement rollover accounts and certain other plans, arrangements, or accounts."} | 2,394 | 140 | 0.424992 | 1.171129 | 0.558702 | 1.830508 | 18.338983 | 0.847458 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Neighbors in Need
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
Sec. 101. Program extension for States experiencing high unemployment.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
Sec. 201. Increase and decrease in earnings credited to State accounts
when States meet or fail to meet funding
goals.
Sec. 202. Interest-free advances to State accounts in Unemployment
Trust Fund restricted to States which meet
funding goals.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
Sec. 301. 2-year suspension of tax on unemployment compensation.
Sec. 302. State collection of Federal unemployment tax.
Sec. 303. Required distribution of State-specific information packets.
TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION
SEC. 101. PROGRAM EXTENSION FOR STATES EXPERIENCING HIGH UNEMPLOYMENT.
(a) In General.--The Temporary Extended Unemployment Compensation
Act of 2002 (26 U.S.C. 3304 note) is amended by inserting after section
208 the following:
``Sec. 208a. Program extension for States experiencing high
unemployment
``(a) In General.--Notwithstanding any other provision of this
title, an agreement under section 202(a) shall be considered to provide
that, in the case of a State described in subsection (b), the State
agency of such State will make payments of temporary extended
unemployment compensation--
``(1) to individuals described in subsection (d)(1); and
``(2) for any week of unemployment which begins in the
individual's period of eligibility (as defined in subsection
(e)).
``(b) State Eligibility Requirements.--A State described in this
subsection is any State that, during the week in which occurs the date
of the enactment of this Act--
``(1) is in an extended benefit period (as described in
section 203 of the Federal-State Extended Unemployment
Compensation Act of 1970); or
``(2) would be in such a period (as so defined) if section
203(d) of such Act were applied--
``(A) by disregarding subparagraph (A) of paragraph
(1) thereof and any reference to such subparagraph; and
``(B) by substituting `3' for `5' each place it
appears.
``(c) Terms and Conditions.--Except as otherwise provided in this
section, the preceding provisions of this title shall apply in the case
of any individual qualifying for temporary extended unemployment
compensation benefits by virtue of this section.
``(d) Amount in Account.--In determining the amount to be
established in an account under section 203(a) for purposes of this
section--
``(1) section 203(b)(1) shall be applied--
``(A) in the case of an individual who first
satisfies the exhaustion requirements of this title (as
set forth in section 202(b)(1)-(3)) during a week
beginning after December 31, 2003, and before the first
day of the week in which occurs the date of the
enactment of this section, by substituting `33\1/3\'
for `50' in section 203(b)(1)(A) and `8' for `13' in
section 203(b)(1)(B); and
``(B) in the case of an individual who first
satisfies such requirements during a week beginning on
or after the first day of the week in which occurs the
date of the enactment of this section and before the
close of the 12th week following the week in which
occurs the date of the enactment of this section, by
applying subparagraphs (A) and (B) of section 203(b)(1)
in accordance with their terms; and
``(2) section 203(c) shall be disregarded.
``(e) Period of Eligibility.--An individual's period of eligibility
consists of any week which begins on or after the first day of the week
in which occurs the date of the enactment of this section and which
(except as provided in subsection (f)) begins before the close of the
12th week following the week in which occurs the date of the enactment
of this section.
``(f) Transition.--In the case of an individual who is receiving
benefits under this section for any week beginning before the close of
the 12th week following the week in which occurs the date of the
enactment of this section, temporary extended unemployment compensation
shall continue to be payable to such individual for any week thereafter
for which the individual meets the eligibility requirements of this
title. No compensation shall be payable by virtue of the preceding
sentence for any week beginning after the 25th week following the week
in which occurs the date of the enactment of this section.''.
(b) Technical and Conforming Amendments.--(1) Section 208(a) of the
Temporary Extended Unemployment Compensation Act of 2002 is amended in
the matter before paragraph (1) by striking ``subsection (b),'' and
inserting ``subsection (b) or section 208a,''.
(2) The table of contents of Public Law 107-147 is amended by
inserting after the item relating to section 208 the following:
``208a. Program extension for States experiencing high unemployment.''.
TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS
SEC. 201. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``Increase and Decrease in Amount of Earnings Allocated to State
Accounts When States Meet or Fail to Meet Funding Goals
``(h)(1) If the average daily balance in a State account in the
Unemployment Trust Fund for any calendar quarter exceeds the funding
goal of such State, the amount otherwise creditable to such account
under subsection (e) for such quarter shall be increased by the
interest premium on such excess. If the average daily balance in such a
State account for any calendar quarter is less than the funding goal of
such State, the amount otherwise creditable to such account under
subsection (e) for such quarter shall be decreased by the interest
penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''.
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2007.
SEC. 202. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT
TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Subparagraph (C) of section 1202(b)(2) of the
Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as
follows:
``(C) the average daily balance in the account of such
State in the Unemployment Trust Fund for each of 4 of the 5
calendar quarters preceding the calendar quarter in which such
advances were made exceeds the funding goal of such State (as
defined in section 904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after the date of the enactment of
this Act.
TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986
SECTION 301. 2-YEAR SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION.
(a) In General.--Section 85 of the Internal Revenue Code of 1986
(relating to unemployment compensation) is amended by adding at the end
the following new subsection:
``(c) Moratorium.--This section shall not apply to taxable years
beginning in 2004 or 2005.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2003.
SEC. 302. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination With Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
such organizations or other entities as the Secretary considers
appropriate, prescribe regulations requiring that additional
information be submitted by such State with respect to the amount of
such tax payable by such employer.''
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2004.
SEC. 303. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2005, except that section
3304(a)(20) of such Code, as added by subsection (a), shall not be a
requirement for the State law of any State prior to July 1, 2006, if
the legislature of such State does not meet in a regular session which
closes during the calendar year 2005. | Neighbors in Need Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to provide a program extension for States experiencing high unemployment.
Amends the Social Security Act to require: (1) increases and decreases in the earnings credited to State accounts when States meet or fail to meet funding goals; and (2) restriction of interest-free advances to State accounts in the Unemployment Trust Fund to States which meet funding goals.
Amends the Internal Revenue Code to: (1) suspend the tax on individual unemployment compensation for 2004 and 2005; (2) allow certified States to elect to collect Federal unemployment taxes under the Federal Unemployment Tax Act (FUTA); and (3) require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. | {"src": "billsum_train", "title": "To extend the Temporary Extended Unemployment Compensation Act of 2002, and for other purposes."} | 3,634 | 164 | 0.565285 | 1.502634 | 0.74558 | 3.816993 | 20.771242 | 0.901961 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Good Accounting Obligation in
Government Act'' or the ``GAO-IG Act''.
SEC. 2. REPORTS ON OUTSTANDING GOVERNMENT ACCOUNTABILITY OFFICE AND
INSPECTOR GENERAL RECOMMENDATIONS.
(a) Required Reports.--In the annual budget justification submitted
to Congress, as submitted with the budget of the President under
section 1105 of title 31, United States Code, the head of each agency
shall include the following:
(1) A report listing each public recommendation of the
Government Accountability Office that is designated by the
Government Accountability Office as ``open'' or ``closed,
unimplemented'' as of the date on which the annual budget
justification is submitted.
(2) A report listing each public recommendation for
corrective action from the Office of Inspector General of the
agency for which no final action has been taken as of the date
on which the annual budget justification is submitted.
(3) A report on the implementation status of each public
recommendation described in paragraphs (1) and (2), which shall
include the following:
(A) With respect to a public recommendation that is
designated by the Government Accountability Office as
``open'' or ``closed, unimplemented''--
(i) that the agency has decided not to
implement, a detailed justification for the
decision; or
(ii) that the agency has decided to adopt,
a timeline for full implementation.
(B) With respect to a public recommendation for
corrective action from the Office of Inspector General
of the agency--
(i) for which the agency has taken action
not recommended and considers closed, an
explanation of the reason why the agency took
different action with respect to each audit
report to which the public recommendation for
corrective action pertains; and
(ii) for which no final action has been
taken, an explanation of the reasons why no
final action was taken with respect to each
audit report to which the public recommendation
for corrective action pertains.
(C) With respect to an outstanding unimplemented
public recommendation from the Office of Inspector
General of the agency that the agency has decided to
adopt, a timeline for implementation.
(4) An explanation for any discrepancy between--
(A) the most recent semiannual report submitted by
the Inspector General of the agency and the report
submitted under paragraphs (2) and (3); and
(B) any report submitted by the Government
Accountability Office relating to public
recommendations that are designated by the Government
Accountability Office as ``open'' or ``closed,
unimplemented'' and any report submitted under
paragraph (1) and (2).
(b) Additional Report Requirements for Certain Agencies.--The head
of a covered agency shall include in the annual budget justification
described in subsection (a) a written response to each recommendation
designated by the Comptroller in the annual priority recommendation
letter sent to such head as high priority for attention by that head.
(c) Copies of Submissions.--The head of each agency or covered
agency, as applicable, shall provide a copy of the information
submitted under subsections (a) and (b) to the Comptroller General and
the Inspector General of the agency.
(d) Rule of Construction.--Nothing in this bill may be construed to
affect an authority provided to an Inspector General of an agency under
the Inspector General Act of 1978 (5 U.S.C. App.), including the
authority of such Inspector General to identify each recommendation on
which final action has not been taken.
(e) Definitions.--In this section:
(1) Agency.--the term ``agency'' means--
(A) a designated Federal entity, as defined in
section 8G(a)(2) of the Inspector General Act of 1978
(5 U.S.C. App.); and
(B) an establishment, as defined in section 12(2)
of the Inspector General Act of 1978 (5 U.S.C. App.).
(2) Covered agency.--The term ``covered agency'' means the
following:
(A) Each agency described in section 901(b) of
title 31, United States Code.
(B) The Internal Revenue Service.
(C) The Securities and the Security and Exchange
Commission.
(D) Any additional agency determined by the
Comptroller General.
(3) Semiannual report.--The term ``semiannual report''
means the semiannual report submitted to Congress by each
Inspector General under section 5 of the Inspector General Act
of 1978 (5 U.S.C. App.).
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
Passed the House of Representatives July 16, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Good Accounting Obligation in Government Act or the GAO-IG Act This bill requires each federal agency, in its annual budget justification, to include a report on: (1) each public recommendation of the Government Accountability Office (GAO) that is classified as "open" or "closed, unimplemented"; (2) each public recommendation for corrective action from the agency's office of the inspector general (OIG) for which no final action has been taken; and (3) the implementation status of each such recommendation. Each agency shall also provide a copy of this information to its OIG and to the GAO. | {"src": "billsum_train", "title": "Good Accounting Obligation in Government Act"} | 1,062 | 141 | 0.676944 | 2.095168 | 0.708379 | 2.7 | 8.208333 | 0.883333 |
SECTION 1. MENTAL HEALTH AND STUDENT SERVICE PROVIDERS.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:
``PART L--MENTAL HEALTH AND STUDENT SERVICE PROVIDERS
``SEC. 10993. FINDINGS.
``Congress finds the following:
``(1) Although 7,500,000 children under the age of 18
require mental health services, fewer than 1 in 5 of these
children receive the services.
``(2) Across the United States, counseling professionals
are stretched thin, and often students do not get the help the
students need. The current national average ratio of students
to counselors in elementary and secondary schools is 513:1.
``(3) United States schools need more mental health
professionals, and the flexibility to hire the professionals
that will best serve their students.
``(4) The maximum recommended ratio of--
``(A) students to counselors is 250:1;
``(B) students to psychologists is 1,000:1; and
``(C) students to social workers is 800:1.
``(5) In States like California or Minnesota, 1 counselor
typically serves more than 1,000 students. In some schools, no
counselor is available to assist students in times of crisis,
or at any other time. In Colorado, the average student-to-
counselor ratio is 645:1.
``(6) The number of students is expected to grow
significantly over the next few years. During this time, many
school-based mental health professionals who currently serve
our Nation's youth will retire. Not counting these retirements,
over 100,000 new school counselors will be needed to decrease
the student-to-counselor ratio to 250:1 by the year 2005.
``(7) The Federal support for reducing the student-to-
counselor ratio would pay for itself, through reduced
incidences of death, violence, and substance abuse, and through
improvements in students' academic achievement, graduation
rates, college attendance, and employment.
``SEC. 10993A. PURPOSE.
``The purpose of this part is to help States and local educational
agencies recruit, train, and hire 141,000 additional school-based
mental health personnel, including 100,000 additional counselors,
21,000 additional school psychologists, and 20,000 additional school
social workers over a 5-year period--
``(1) to reduce the student-to-counselor ratios nationally,
in elementary and secondary schools, to an average of--
``(A) 1 school counselor for every 250 students
``(B) 1 school psychologist for every 1,000
students; and
``(C) 1 social worker for every 800 students;
as recommended in a report by the Institute of Medicine of the
National Academy of Sciences relating to schools and health,
issued in 1997;
``(2) to help adequately address the mental, emotional, and
developmental needs of elementary and secondary school
students;
``(3) to remove the emotional, behavioral, and psycho-
social barriers to learning so as to enhance the classroom
preparedness and ability to learn of students;
``(4) to support school staff and teachers in improving
classroom management, conducting behavioral interventions to
improve school discipline, and developing the awareness and
skills to identify early warning signs of violence and the need
for mental health services; and
``(5) to support parents in improving the school behavior
and academic success of their children.
``SEC. 10993B. DEFINITIONS.
``In this part:
``(1) Mental health and student service provider.--The term
`mental health and student service provider' includes a
qualified school counselor, school psychologist, or school
social worker.
``(2) Mental health and student services.--The term `mental
health and student services' includes direct, individual, and
group services provided to students, parents, and school
personnel by mental health and student service providers, or
the coordination of prevention strategies in schools or
community-based programs.
``(3) Poverty line.--The term ``poverty line'' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))
applicable to a family of the size involved.
``(4) School counselor.--The term `school counselor' means
an individual who has documented competence in counseling
children and adolescents in a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in
school counseling or a specialty of counseling granted
by an independent professional organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent.
``(5) School psychologist.--The term `school psychologist'
means an individual who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours in
a supervised school psychology internship, of which 600
hours shall be in the school setting;
``(B) possesses State licensure or certification in
the State in which the individual works; or
``(C) in the absence of such State licensure or
certification, possesses national certification by the
National School Psychology Certification Board.
``(6) School social worker.--The term `school social
worker' means an individual who holds a master's degree in
social work and is licensed or certified by the State in which
services are provided or holds a school social work specialist
credential.
``(7) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``SEC. 10993C. ALLOTMENTS TO STATES.
``(a) Allotments.--From the amount appropriated under section
10993H for a fiscal year, the Secretary--
``(1) shall make a total of 1 percent available to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities that achieve the
purposes of this part; and
``(2) shall allot to each eligible State the same
percentage of the remaining funds as the percentage the State
received of funds allocated to States for the previous fiscal
year under part A of title I, except that such allotments shall
be ratably decreased as necessary.
``(b) State-Level Expenses.--Each State may use not more than \1/2\
of 1 percent of the amount the State receives under this part, or
$50,000, whichever is greater, for a fiscal year, for the
administrative costs of the State educational agency in carrying out
this part.
``SEC. 10993D. STATE APPLICATIONS.
``(a) In General.--To be eligible to receive an allotment under
section 10993C, a State shall submit an application to the Secretary at
such time, in such manner, and containing such information as the
Secretary may require, including an assurance that the State will
provide the State share of the cost described in section 10993G.
``(b) Approval.--In approving the applications, the Secretary
shall, to the extent practicable, approve applications to fund, in the
aggregate, 100,000 additional counselors, 21,000 additional school
psychologists, and 20,000 additional school social workers.
``SEC. 10993E. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Within State Distribution.--
``(1) In general.--After using funds in accordance with
section 10993C(b), each State that receives an allotment under
section 10993C shall allocate to eligible local educational
agencies in the State the total of--
``(A) the amount of the allotted funds that remain;
and
``(B) the State share of the cost described in
section 10993G for the local educational agencies.
``(2) Allocation.--From the total described in paragraph
(1), the State shall allocate to each local educational agency
an amount equal to the sum of--
``(A) an amount that bears the same relationship to
80 percent of such total as the number of children in
poverty who reside in the school district served by the
local educational agency bears to the number of such
children who reside in all the school districts in the
State; and
``(B) an amount that bears the same relationship to
20 percent of such total as the number of children
enrolled in public and private nonprofit elementary
schools and secondary schools in the school district
served by the local educational agency bears to the
number of children enrolled in all such schools in the
State.
``(3) Data.--For purposes of paragraph (2), the State shall
use data from the most recent fiscal year for which
satisfactory data are available, except that the State may
adjust such data, or use alternative child poverty data, to
carry out paragraph (2) if the State demonstrates to the
Secretary's satisfaction that such adjusted or alternative data
more accurately reflect the relative incidence of children who
are living in poverty and who reside in the school districts in
the State.
``(b) Definitions.--In this section:
``(1) Child.--The term `child' means an individual who is
not less than 5 and not more than 17.
``(2) Child in poverty.--The term `child in poverty' means
a child from a family with an income below the poverty line.
``SEC. 10993F. LOCAL APPLICATIONS.
``To be eligible to receive an allocation under section 10993E, a
local educational agency shall submit an application to the State at
such time, in such manner, and containing such information as the State
may require, including an assurance that the agency will provide the
local share of the cost described in section 10993G.
``SEC. 10993G. USE OF FUNDS.
``(a) In General.--A local educational agency that receives an
allocation under section 10993E shall use the funds made available
through the allocation to pay for the local share of the cost of
recruiting, hiring, and training mental health and student service
providers to provide mental health and student services, to students in
elementary schools and secondary schools, for a 1-year period.
``(b) Federal, State, and Local Shares.--
``(1) Federal share.--The Federal share of the cost shall
be 33\1/3\ percent.
``(2) State share.--The State share of the cost shall be
33\1/3\ percent.
``(3) Local share.--The local share of the cost shall be
33\1/3\ percent.
``(4) Non-federal share.--The non-Federal share of the cost
may be provided in cash or in kind, fairly evaluated, including
plant, equipment or services.
``SEC. 10993H. AUTHORIZATION OF APPROPRIATIONS.
``To carry out this part, there are authorized to be appropriated
$340,000,000 for each of fiscal years 2000 through 2004.''. | Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate Federal and State shares of program costs to LEAs according to specified formulas. Sets forth requirements for State and LEA applications and LEA use of funds. Requires Federal, State, and local shares of program costs to each equal one-third, but allows State and local shares to be in cash or in kind.
Authorizes appropriations. | {"src": "billsum_train", "title": "To recruit, hire, and train additional school-based mental health personnel."} | 2,474 | 131 | 0.323984 | 0.961336 | 0.459613 | 1.638095 | 22.009524 | 0.742857 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Dr. Rita Hocog Inos
Territorial Fellowship Act''.
SEC. 2. FELLOWSHIP PROGRAM FOR STUDENTS FROM AMERICAN SAMOA, THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS, GUAM, AND
THE UNITED STATES VIRGIN ISLANDS.
(a) Establishment of Fellowship Program.--To encourage civic
engagement among students from American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States Virgin Islands,
the Secretary of the Interior shall carry out a program, to be known as
the ``Dr. Rita Hocog Inos Territorial Fellowship Program'', to award
local and Federal Government fellowships to qualified students from
those territories, subject to the availability of amounts described in
subsection (i).
(b) Types of Fellowship.--The fellowships that may be awarded under
the program are as follows:
(1) A local government fellowship with a cooperating agency
or entity of the territory in which the qualified student is
domiciled.
(2) A Federal Government fellowship with a cooperating--
(A) Executive agency (as defined in section 105 of
title 5, United States Code); or
(B) office of a Representative or Senator in, or a
Delegate or Resident Commissioner to, the Congress.
(c) Qualified Student.--For purposes of this section, the term
``qualified student'' means a student who is--
(1) a citizen of the United States;
(2) domiciled in American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, or the United States Virgin
Islands; and
(3) enrolled in a degree or certificate program at an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)).
(d) Term of Fellowship.--The term of a fellowship under the program
shall be an academic semester or a summer, as designated by the
Secretary.
(e) Fellowship Award.--
(1) In general.--Under the program, a fellowship award
shall consist of either a stipend described in paragraph (2) or
academic credit toward graduation. Such award may also include
a travel stipend of not more than $1,500 for each fellowship
term, based on the distance of the student awarded the
fellowship from the site of the fellowship.
(2) Stipend.--Subject to paragraph (3), a stipend described
in this paragraph is as follows:
(A) $6,000 for an academic semester fellowship.
(B) $4,000 for a summer fellowship.
(3) Fiscal years after 2013.--In the case of any fiscal
year beginning after September 30, 2013, each dollar amount in
paragraph (2) shall be such dollar amount in effect for the
preceding fiscal year, increased by the sum of--
(A) the percentage of the dollar amount in effect
for such preceding fiscal year that is equal to the
percentage (if any) by which--
(i) the Consumer Price Index for the most
recent calendar year ending prior to the
beginning of the fiscal year, exceeds
(ii) the Consumer Price Index for the next
previous calendar year; plus
(B) one percent of the dollar amount in effect for
such previous year.
(f) Application and Selection.--
(1) In general.--The Secretary shall develop and administer
an application and selection process for awarding a fellowship
under the program.
(2) Priority.--In awarding a fellowship under the program,
the Secretary shall give priority to a qualified student who
has already completed one such fellowship.
(3) Limitation on number of fellowships awarded to each
student.--Under the program, a qualified student may be awarded
no more than--
(A) one local government fellowship; and
(B) one Federal Government fellowship.
(g) Reporting.--The Secretary shall submit to Congress, not later
than 3 years after the date of the enactment of this Act, a report on
the Dr. Rita Hocog Inos Territorial Fellowship Program. The report
shall include information on--
(1) the use of funds appropriated for the purpose of
carrying out the program; and
(2) barriers to participation in the program.
(h) Other Definitions.--In this section:
(1) The term ``Consumer Price Index'' means the Consumer
Price Index for All Urban Consumers published by the Department
of Labor.
(2) The term ``program'' means the Dr. Rita Hocog Inos
Territorial Fellowship Program.
(3) The term ``Secretary'' means the Secretary of the
Interior.
(i) Funding.--To carry out the fellowship program, the Secretary
may use amounts appropriated to the Department of the Interior for
technical assistance to territories under the heading ``assistance to
territories'' in an appropriation Act for the Department of the
Interior for fiscal year 2013 or any subsequent fiscal year. The
Secretary may use no other amounts for such purpose. | Dr. Rita Hocog Inos Territorial Fellowship Act - Directs the Secretary of the Interior to establish the Dr. Rita Hocog Inos Fellowship Program to award local government and federal government fellowships to qualified students from American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands. Allows a fellow to receive either a specified stipend or academic credit toward graduation for participating in an internship. Defines a "qualified student" as a student who is a U.S. citizen, domiciled in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the U.S. Virgin Islands, and enrolled in a degree or certificate program at an institution of higher education. | {"src": "billsum_train", "title": "Dr. Rita Hocog Inos Territorial Fellowship Act"} | 1,099 | 177 | 0.731717 | 2.244571 | 0.764881 | 4.642857 | 7.912698 | 0.865079 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Education Employee Benefit Act
of 2002''.
SEC. 2. AUTHORITY TO MAKE GRANTS.
The Secretary of Health and Human Services may make grants on a
competitive basis, and payable during a period of not less than 2 years
and not more than 5 years, to eligible States and political
subdivisions of States--
(1) to establish innovative partnerships with private
partners to reduce the cost incurred by employees and union
members to obtain early education (including child care,
preschool, and other early childhood programs), or
(2) to assist private partners to pay part of the cost of
acquiring, building, and renovating physical premises to be
used as new early education facilities.
SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO
RECEIVE GRANTS.
To be eligible to receive a grant under section 2, a State or a
political subdivision of a State shall submit to the Secretary an
application at such time, in such form, and containing such information
as the Secretary may require by rule, including--
(1) the agency designated by the State, or the political
subdivision of a State, to serve as the lead agency that will
administer such grant,
(2) a description of the program such applicant intends to
carry out with such grant,
(3) a description of the source, and increasing annual
amount, of the funds such applicant will use to pay the non-
Federal share of the cost to carry out such program during a
period not less than 2 years and not more than 5 years, and
(4) an agreement that such State or such political
subdivision--
(A) will contribute (from non-Federal funds) to
carry out such program, an amount equal to 50 percent
of the amount of such grant,
(B) will not require a private partner to offer on-
site early education as a condition for participation
in an Early Education Benefit Agreement, and
(C) will use such grant to supplement, not
supplant, spending by such State, such political
subdivision, and private partners to improve access to
and enhance the quality of early education.
SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS.
In making grants under this Act, the Secretary shall give priority
to eligible applicants that--
(1) are, in the judgment of the Secretary, most likely to
increase the number of employees and members who receive an
Early Education Benefit through their employers and unions,
(2) propose innovative public-private partnerships that
will carry out early education programs that are likely to be
replicated,
(3) are likely to be sustainable beyond the period during
which such grant is expended,
(4) are developed in consultation with child care resource
and referral agencies and networks, and with employers and
unions,
(5) demonstrate the intention and ability to provide--
(A) with funds to be expended for the use described
in section 5(1), Early Education Benefits through Early
Education Benefit Agreements to a significant number of
employees of private employers with fewer than 50
employees, or
(B) with funds to be expended for the use described
in section 5(2), Early Education Start-up Grants to
private employers with fewer than 50 employees, and
(6) have experience working on early childhood
issues and working in partnership with the business
community, or have an agreement to implement the
program funded by a grant made under section 2 through
a nonprofit entity with such experience.
SEC. 5. USES OF FUNDS.
A recipient of a grant made under section 2 shall use such grant--
(1) to enter into Early Education Benefit Agreements to
provide Early Education Benefits, or
(2) to provide funds to private partners to establish new
early education facilities,
except that not more than 5 percent of such grant may be used to pay
administrative costs incurred by such recipient to carry out this Act,
including providing outreach to private partners.
SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS.
(a) Eligibility.--To be eligible to receive funds to be used for
the purpose specified in section 5(1) from a grant made under section
2, a private partner, or consortia of private partners, shall enter
into an Early Education Benefit Agreement with the recipient of such
grant that includes the following:
(1) An assurance that such private partner, or such
consortia, will pay not less than--
(A) \1/3\ of the cost of such Early Education
Benefit, or
(B) \1/5\ of such cost if such private partner, or
such consortia, creates a new early education facility
that--
(i) serves children less than 2 years of
age or children with disabilities, or
(ii) is available during nontraditional
work hours.
(2) An assurance that such private partner, or such
consortia, shall offer such Early Education Benefit on a
priority basis to such employees or such members who have lower
incomes if such Early Education Benefit is not offered to all
such employees or all such members.
(3) An assurance that if such private partner, or such
consortia, requires that such Early Education Benefit received
by an employee or member be expended at a limited number of
sites where early education (including child care, preschool,
and other early childhood programs) is provided, then
there shall be at least 1 provider of early education (including child
care, preschool, and other early childhood programs) for which such
Early Education Benefit may be expended, that is--
(A) located at or near the residence or place of
employment of such employee or such member, and
(B) accredited by the National Association for the
Education of Young Children or the National Association
for Family Child Care, or taking steps to obtain such
accreditation.
(4) An assurance that early education paid for in whole or
in part by such Early Education Benefit will be provided by a
provider that is licensed or regulated by the State.
(5) A detailed description of--
(i) the nature of the Early Education Benefit to be
provided,
(ii) the respective financial contributions of such
private partner, or such consortia, and such grant
recipient, and the procedures by which such
contributions will be made,
(iii) the number of employees or members expected
to receive the Early Education Benefit provided under
such Agreement, and
(iv) the estimated total cost of such Benefit to
such private partner (or such consortia), such grant
recipient, and such employees or such members.
(b) Selection of Private Partners To Enter Into Early Education
Benefit Agreements.--In selecting private partners with which to enter
into Early Education Benefit Agreements, a recipient of a grant made
under section 2 shall give priority to--
(1) private partners that will make larger financial
contributions to the Early Education Benefit,
(2) private partners with fewer employees or members,
(3) private partners that will make an Early Education
Benefit available to employees and members on a sliding scale
inversely proportional to their level of earned income, and
(4) private partners that have a history of personnel
policies and practices that enable their employees or their
members to balance work commitments with family obligations.
SEC. 7. EARLY EDUCATION START-UP GRANTS.
(a) Eligibility To Receive Funds.--To be eligible to receive funds
for the use specified in section 5(2) from a grant made under section
2, a private partner shall agree--
(1) to subsidize attendance at the proposed new early
education facility for children of lower-paid employees or
members, and
(2) to pay not less than \1/3\ of the cost of acquiring,
building, and renovating physical premises to be used as such
facility.
(b) Selection of Private Partners To Receive Funds.--In providing
funds to private partners from a grant received for the use specified
in section 5(2), a recipient of a grant made under section 2 shall give
priority to--
(1) private partners that will create a facility to provide
early education that--
(A) serves children less than 2 years of age or
children with disabilities, or
(B) is available during nontraditional hours during
which their parents are employed,
(2) private partners that will operate such a facility that
is accredited, has a low ratio of children to adults, or
demonstrates other facts that show such facility offers an
early education program of high quality,
(3) private partners that will pay with nongovernmental
funds a larger share of the cost of the use for which the Early
Education Start-up Grant funds will be expended,
(4) private partners that have fewer employees or members,
and
(5) private partners that have a history of personnel
policies and practices that enable their employees or members
to balance work commitments with family obligations.
SEC. 8. REPORTS.
(a) Reports by Grantees.--The Secretary shall issue rules that
require each recipient of a grant made under section 2 to submit
annually to the Secretary a report that includes the following
information for the fiscal year for which such report is submitted:
(1) The number of Early Education Benefit Agreements
participated in and Start-Up Grants made.
(2) Information about the private partners, including the
industry of which they are a part and their size.
(3) Information about the number of employees who are both
offered and are receiving Early Education Benefits as a result
of such grant,including the number and average incomes of
employees who are receiving Early Education Benefits and the
number of employees who were offered and declined Early
Education Benefits.
(4) Information about the amount of private spending on
Early Education Benefits and on the investment in new early
education facilities leveraged by the grants.
(5) If appropriate and available, information about whether
and at what level private partners have continued to provide
Early Education Benefits after the conclusion of the grantee's
participation in an Early Education Benefit Agreement.
(b) Reports by the Secretary.--The Secretary shall submit to the
Congress biennially a report that includes the following information
for the period of 2 fiscal years for which such report is submitted:
(1) Summaries of the reports received under subsection (a)
by the Secretary for such period.
(2) A description of the implementation of this Act, and
its impact on employees' access to early education programs for
their children, during such period.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) Child.--The term ``child'' means an individual who is
less that 6 years of age.
(2) Early Education Benefit.--The term ``Early Education
Benefit'' means assistance, in cash or in kind, to pay any part
of the cost incurred by employees and union members to obtain
early education (including child care, preschool, and other
early childhood programs) for their children.
(3) Early Education Benefit Agreement.--The term ``Early
Education Benefit Agreement'' means a contract under which a
recipient of a grant under section 2 and a private partner that
receives from such recipient funds provided for the use
described in section 5(1) agree to provide jointly an Early
Education Benefit for children of the members or employees of
such private partner.
(4) Private Partner.--The term ``private partner'' means a
private employer, labor union, and consortia of employers or
labor unions.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as may be necessary for fiscal years 2003 through 2007. | Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members. | {"src": "billsum_train", "title": "To improve access by working families to affordable early education programs, to increase the number of employers offering an early education benefit to employees, and to develop innovative models of public-private partnerships in the provision of affordable early education."} | 2,461 | 146 | 0.635973 | 1.673237 | 0.770572 | 5.34058 | 17.586957 | 0.949275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Contractors Improve
Competition Act of 2015''.
SEC. 2. LIMITATIONS ON REVERSE AUCTIONS.
(a) Sense of Congress.--It is the sense of Congress that, when used
appropriately, reverse auctions may improve procurement by the Federal
Government of commercially available commodities by increasing
competition, reducing prices, and improving opportunities for small
businesses.
(b) Limitations on Reverse Auctions.--The Small Business Act (15
U.S.C. 631 et seq.) is amended--
(1) by redesignating section 47 as section 48; and
(2) by inserting after section 46 the following:
``SEC. 47. LIMITATIONS ON REVERSE AUCTIONS FOR COVERED CONTRACTS.
``(a) Definitions.--In this section--
``(1) the term `contracting officer' has the meaning given
the term in section 2101 of title 41, United States Code;
``(2) the term `covered contract' means a contract--
``(A) for design and construction services;
``(B) for goods purchased to protect Federal
employees, members of the Armed Forces, or civilians
from bodily harm; or
``(C) for goods or services other than those goods
or services described in subparagraph (A) or (B)--
``(i) to be awarded based on factors other
than price and technical responsibility; or
``(ii) if awarding the contract requires
the contracting officer to conduct discussions
with the offerors about their offer;
``(3) the term `design and construction services' means--
``(A) site planning and landscape design;
``(B) architectural and interior design;
``(C) engineering system design;
``(D) performance of construction work for
facility, infrastructure, and environmental restoration
projects;
``(E) delivery and supply of construction materials
to construction sites;
``(F) construction, alteration, or repair,
including painting and decorating, of public buildings
and public works; and
``(G) architectural and engineering services, as
defined in section 1102 of title 40, United States
Code;
``(4) the term `responsible source' has the meaning given
the term in section 113 of title 41, United States Code; and
``(5) the term `reverse auction', with respect to
procurement by an agency, means an auction between a group of
offerors who compete against each other by submitting offers
for a contract or task or delivery order with the ability to
submit revised offers with lower prices throughout the course
of the auction.
``(b) Prohibition on Using Reverse Auctions for Covered
Contracts.--In the case of a covered contract, a reverse auction may
not be used if the award of the covered contract is to be made under--
``(1) section 8(a);
``(2) section 8(m);
``(3) section 15(a);
``(4) section 15(j);
``(5) section 31; or
``(6) section 36.
``(c) Limitations on Using Reverse Auctions.--In the case of the
award of a contract made under a provision of law described in
paragraphs (1) through (6) of subsection (b) that is not a covered
contract, a reverse auction may be used for the award of such a
contract only if the following requirements are met:
``(1) Decisions regarding use of a reverse auction.--
Subject to paragraph (2), the following decisions with respect
to such a contract shall only be made by a contracting officer:
``(A) A decision to use a reverse auction as part
of the competition for award of such a contract.
``(B) Any decision made after the decision
described in subparagraph (A) regarding the appropriate
evaluation criteria, the inclusion of vendors, the
acceptability of vendor submissions (including
decisions regarding timeliness), and the selection of
the winner.
``(2) Training required.--
``(A) In general.--Only a contracting officer who
has received training on the appropriate use and
supervision of reverse auctions may use or supervise a
reverse auction for the award of such a contract.
``(B) Training.--The training described in
subparagraph (A) shall be provided by, or similar to
the training provided by, the Defense Acquisition
University as described in section 824 of the Carl
Levin and Howard P. `Buck' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 127 Stat. 3436) (10 U.S.C. 2304 note).
``(3) Number of offers; revisions to bids.--A Federal
agency may not award such a contract using a reverse auction
if--
``(A) only 1 offer is received; or
``(B) offerors do not have the ability to submit
revised bids with lower prices throughout the course of
the auction.
``(4) Technically acceptable offers.--A Federal agency
awarding such a contract using a reverse auction shall evaluate
the technical acceptability of offers only as technically
acceptable or unacceptable.
``(5) Use of price rankings.--A Federal agency may not
award such a contract using a reverse auction if at any time
during the procurement process the Federal agency misinforms an
offeror about the price ranking of the last offer of the
offeror submitted in relation to offers submitted by other
offerors.
``(6) Use of third-party agents.--If a Federal agency uses
a third-party agent to assist with the award of such a contract
using a reverse auction, the Federal agency shall ensure that--
``(A) inherently governmental functions are not
performed by private contractors, including by the
third-party agent;
``(B) information on the past contract performance
of offerors created by the third-party agent and shared
with the Federal agency is collected, maintained, and
shared in compliance with section 1126 of title 41,
United States Code;
``(C) information on whether an offeror is a
responsible source that is created by the third-party
agent and shared with the Federal agency is shared with
the offeror and complies with section 8(b)(7); and
``(D) disputes between the third-party agent and an
offeror may not be used to justify a determination that
an offeror is not a responsible source or to otherwise
restrict the ability of an offeror to compete for the
award of a contract or task.''.
SEC. 3. SURETY BOND REQUIREMENTS AND AMOUNT OF GUARANTEE.
(a) Surety Bond Requirements.--Chapter 93 of title 31, United
States Code, is amended--
(1) by adding at the end the following:
``Sec. 9310. Individual sureties
``If another applicable Federal law or regulation permits the
acceptance of a bond from a surety that is not subject to sections 9305
and 9306 and is based on a pledge of assets by the surety, the assets
pledged by such surety shall--
``(1) consist of eligible obligations described under
section 9303(a); and
``(2) be submitted to the official of the Government
required to approve or accept the bond, who shall deposit the
obligations as described under section 9303(b).''; and
(2) in the table of sections, by adding at the end the
following:
``9310. Individual sureties.''.
(b) Amount of Surety Bond Guarantee From Small Business
Administration.--Section 411(c)(1) of the Small Business Investment Act
of 1958 (15 U.S.C. 694b(c)(1)) is amended by striking ``70'' and
inserting ``90''.
(c) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act. | Small Contractors Improve Competition Act of 2015 (Sec. 2) This bill expresses the sense of Congress that, when used appropriately, with respect to federal agency procurement, an auction between a group of offerors who compete against each other by submitting offers for a contract or task or delivery order with the ability to submit revised offers with lower prices throughout the course of the auction (reverse auction) may improve the federal government's procurement of commercially available commodities by increasing competition, reducing prices, and improving opportunities for small businesses. The Small Business Act is amended to prohibit the use of reverse auctions for certain Small Business Administration (SBA) federal procurement contracts (covered contracts) for: design and construction services; goods purchased to protect federal employees, members of the Armed Forces, or civilians from bodily harm; or goods or services other than these to be awarded based on factors other than price and technical responsibility, or if awarding the contract requires the contracting officer to conduct discussions with the offerors about their offer. This prohibition applies specifically to any covered contract to be made under the procurement programs for women-owned small business concerns and for small business concerns owned and controlled by service-disabled veterans, as well as under the Historically Underutilized Business Zone (HUBZone) program. In the case of an award of a non-covered contract, a reverse auction may be used for the award only if specified decisions are made by a contracting officer trained on the appropriate use and supervision of reverse auctions for such contracts. A federal agency may not award such a contract using a reverse auction if: only one offer is received; offerors do not have the ability to submit revised bids with lower prices throughout the course of the auction; or at any time during the procurement process the federal agency misinforms an offeror about the price ranking of the last offer submitted by an offeror. (Sec. 3) If another applicable federal law or regulation permits the acceptance of a bond from a surety not subject to certain federal requirements for surety corporations, and is based on a pledge of assets by the surety, the assets pledged by such surety shall: consist of specified eligible obligations; and be submitted to the government official required to approve or accept the bond, who shall deposit the obligations according to specified requirements. The Small Business Investment Act of 1958 is amended with respect to any SBA guarantee or agreement to indemnify a surety under the Small Business Investment Program against loss from a breach of the terms of a bid bond, payment bond, performance bond, or ancillary bonds by a principal on any total work order or contract amount at the time of bond execution that does not exceed $6.5 million, as adjusted for inflation. Increases from 70% to 90% of the loss incurred and paid by a surety authorized to issue bonds (subject to SBA guarantee) the SBA's maximum obligation to pay the surety under the guarantee or agreement to indemnify. | {"src": "billsum_train", "title": "Small Contractors Improve Competition Act of 2015"} | 1,777 | 651 | 0.618121 | 1.968654 | 0.719523 | 4.21831 | 2.866197 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian River Land Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Certain lands adjacent to the Russian River in the area of
its confluence with the Kenai River contain abundant archaeological
resources of significance to the Native people of the Cook Inlet
Region, the Kenaitze Indian Tribe, and the citizens of the United
States.
(2) Those lands at the confluence of the Russian River and
Kenai River contain abundant fisheries resources of great
significance to the citizens of Alaska.
(3) Cook Inlet Region, Inc., an Alaska Native Regional
Corporation formed under the provisions of the Alaska Native Claims
Settlement Act of 1971 (43 U.S.C. 1601 et seq.) (hereinafter in
this Act referred to as ``ANCSA''), has selected lands in the area
pursuant to section 14(h)(1) of such Act (43 U.S.C. 1613(h)(1)),
for their values as historic and cemetery sites.
(4) The United States Bureau of Land Management, the Federal
agency responsible for the adjudication of ANCSA selections has not
finished adjudicating Cook Inlet Region, Inc.'s selections under
section 14(h)(1) of that Act as of the date of the enactment of
this Act.
(5) The Bureau of Indian Affairs has certified a portion of
Cook Inlet Region, Inc.'s selections under section 14(h)(1) of
ANCSA as containing prehistoric and historic cultural artifacts,
and meeting the requirements of section 14(h)(1) of that Act.
(6) A portion of the selections under section 14(h)(1) of ANCSA
made by Cook Inlet Region, Inc., and certified by the Bureau of
Indian Affairs lies within the Chugach National Forest over which
the United States Forest Service is the agency currently
responsible for the administration of public activities,
archaeological features, and natural resources.
(7) A portion of the selections under section 14(h)(1) of ANCSA
and the lands certified by the Bureau of Indian Affairs lies within
the Kenai National Wildlife Refuge over which the United States
Fish and Wildlife Service is the land managing agency currently
responsible for the administration of public activities,
archaeological features, and natural resources.
(8) The area addressed by this Act lies within the Sqilantnu
Archaeological District which was determined eligible for the
National Register of Historic Places on December 31, 1981.
(9) Both the Forest Service and the Fish and Wildlife Service
dispute the validity and timeliness of Cook Inlet Region, Inc.'s
selections under section 14(h)(1) of ANCSA.
(10) The Forest Service, Fish and Wildlife Service, and Cook
Inlet Region, Inc., determined that it was in the interest of the
United States and Cook Inlet Region, Inc., to--
(A) protect and preserve the outstanding historic,
cultural, and natural resources of the area;
(B) resolve their disputes concerning the validity of Cook
Inlet Region, Inc.'s selections under section 14(h)(1) of ANCSA
without litigation; and
(C) provide for the management of public use of the area
and protection of the cultural resources within the Sqilantnu
Archaeological District, particularly the management of the
area at the confluence of the Russian and Kenai Rivers.
(11) Legislation is required to enact the resolution reached by
the Forest Service, the Fish and Wildlife Service, and Cook Inlet
Region, Inc.
(b) Purpose.--It is the purpose of this Act to ratify an agreement
between the Department of Agriculture, the Department of the Interior,
and Cook Inlet Region, Inc.
SEC. 3. RATIFICATION OF AGREEMENT BETWEEN THE UNITED STATES FOREST
SERVICE, UNITED STATES FISH AND WILDLIFE SERVICE, AND
COOK INLET REGION, INC.
(a) Ratification of Agreement.--
(1) In general.--The terms, conditions, covenants, and
procedures set forth in the document entitled ``Russian River
Section 14(h)(1) Selection Agreement'', which was executed by Cook
Inlet Region, Inc., the United States Department of Agriculture,
and the United States Department of the Interior on July 26, 2001,
(hereinafter in this Act referred to as the ``Agreement''), are
hereby incorporated in this section, and are ratified, as to the
duties and obligations of the United States and the Cook Inlet
Region, Inc., as a matter of Federal law.
(2) Section 5.--The ratification of section 5 of the Agreement
is subject to the following conditions:
(A) The Fish and Wildlife Service shall consult with
interested parties when developing an exchange under section 5
of the Agreement.
(B) The Secretary of the Interior shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a copy
of the agreement implementing any exchange under section 5 of
the Agreement not less than 30 days before the exchange becomes
effective.
(3) Agreement controls.--In the event any of the terms of the
Agreement conflict with any other provision of law, the terms of
the Agreement shall be controlling.
(b) Authorization of Actions.--The Secretaries of Agriculture and
the Interior are authorized to take all actions required under the
terms of the Agreement.
SEC. 4. AUTHORIZATION OF APPROPRIATION.
(a) In General.--There is authorized to be appropriated to the
Department of Agriculture, Office of State and Private Forestry,
$13,800,000, to remain available until expended, for Cook Inlet Region,
Inc., for the following:
(1) Costs for the planning and design of the Joint Visitor's
Interpretive Center.
(2) Planning and design of the Sqilantnu Archaeological
Research Center.
(3) Construction of these facilities to be established in
accordance with and for the purposes set forth in the Agreement.
(b) Limitation on Use of Funds.--Of the amount appropriated under
this section, not more than 1 percent may be used to reimburse the
Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian
Tribe for the costs they incur in assisting Cook Inlet Region, Inc. in
the planning and design of the Joint Visitor's Interpretive Center and
the Sqilantnu Archaeological Research Center.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Russian River Land Act - Ratifies the terms, conditions, covenants, and procedures set forth in the Russian River Section 14(h)(1) Selection Agreement (the "Agreement") between Cook Inlet Region, Inc. (the Corporation), and the Departments of Agriculture and the Interior.Subjects the ratification of section five of the Agreement to the following conditions: (1) the Fish and Wildlife Service shall consult with interested parties when developing an exchange under such section; and (2) the Secretary of the Interior shall submit to Congress copies of the agreement implementing any exchange under such section at least 30 days before the exchange becomes effective.Declares that if any terms of the Agreement conflict with any other provision of law, the Agreement's terms shall take precedence, and authorizes the Secretaries of Agriculture and the Interior to take all actions required under the terms of the Agreement.(Sec. 4) Authorizes appropriations to the Department of Agriculture, Office of State and Private Forestry, for the Corporation for: (1) costs for the planning and design of the Joint Visitor's Interpretive Center; (2) planning and design of the Sqilantnu Archeological Research Center; and (3) construction of these facilities.Limits to one percent of appropriated funds the amount that may be used to reimburse the Forest Service, the Fish and Wildlife Service, and the Kenaitze Indian Tribe for the costs they incur in assisting the Corporation to plan and design the Visitor's Center and the Archaeological Center. | {"src": "billsum_train", "title": "To resolve the claims of Cook Inlet Region, Inc., to lands adjacent to the Russian River in the State of Alaska."} | 1,453 | 325 | 0.56631 | 1.861734 | 0.59352 | 5.273381 | 4.568345 | 0.920863 |
SECTION 1. PRIVATE PROPERTY RIGHTS.
(a) Short Title.--This Act may be cited as the ``Private Property
Rights Act of 1995''.
(b) Findings.--The Congress finds that--
(1) the protection of private property from a taking by the
Government without just compensation is an integral protection
for private citizens incorporated into the United States
Constitution by the fifth amendment and made applicable to the
States by the fourteenth amendment; and
(2) Federal agencies should take into consideration the
impact of governmental actions on the use and ownership of
private property.
(c) Purpose.--The Congress, recognizing the important role that the
use and ownership of private property plays in ensuring the economic
and social well-being of the Nation, declares that the Federal
Government should protect the health, safety, and welfare of the public
and, in doing so, to the extent practicable, avoid takings of private
property.
(d) Definitions.--For purposes of this section--
(1) the term ``agency'' means a department, agency,
independent agency, or instrumentality of the United States,
including any military department, Government corporation,
Government-controlled corporation, or other establishment in
the executive branch of the United States Government; and
(2) the term ``taking of private property'' means any
action whereby private property is taken in such a way as to
require compensation under the fifth amendment to the United
States Constitution.
(e) Private Property Taking Impact Analysis.--
(1) In general.--The Congress authorizes and directs that,
to the fullest extent possible--
(A) the policies, regulations, and public laws of
the United States shall be interpreted and administered
in accordance with the policies under this title; and
(B) subject to paragraph (2), all agencies of the
Federal Government shall complete a private property
taking impact analysis before issuing or promulgating
any policy, regulation, proposed legislation, or
related agency action which is likely to result in a
taking of private property.
(2) Nonapplication.--The provisions of paragraph (1)(B)
shall not apply to--
(A) an action in which the power of eminent domain
is formally exercised;
(B) an action taken--
(i) with respect to property held in trust
by the United States; or
(ii) in preparation for, or in connection
with, treaty negotiations with foreign nations;
(C) a law enforcement action, including seizure,
for a violation of law, of property for forfeiture or
as evidence in a criminal proceeding;
(D) a communication between an agency and a State
or local land-use planning agency concerning a planned
or proposed State or local activity that regulates
private property, regardless of whether the
communication is initiated by an agency or is
undertaken in response to an invitation by the State or
local authority;
(E) the placement of a military facility or a
military activity involving the use of solely Federal
property;
(F) any military or foreign affairs function
(including a procurement function under a military or
foreign affairs function), but not including the civil
works program of the Army Corps of Engineers; and
(G) any case in which there is an immediate threat
to health or safety that constitutes an emergency
requiring immediate response or the issuance of a
regulation under section 553(b)(B) of title 5, United
States Code, if the taking impact analysis is completed
after the emergency action is carried out or the
regulation is published.
(3) Content of analysis.--A private property taking impact
analysis shall be a written statement that includes--
(A) the specific purpose of the policy, regulation,
proposal, recommendation, or related agency action;
(B) an assessment of the likelihood that a taking
of private property will occur under such policy,
regulation, proposal, recommendation, or related agency
action;
(C) an evaluation of whether such policy,
regulation, proposal, recommendation, or related agency
action is likely to require compensation to private
property owners;
(D) alternatives to the policy, regulation,
proposal, recommendation, or related agency action that
would achieve the intended purposes of the agency
action and lessen the likelihood that a taking of
private property will occur; and
(E) an estimate of the potential liability of the
Federal Government if the Government is required to
compensate a private property owner.
(4) Submission to omb.--Each agency shall provide the
analysis required by this section as part of any submission
otherwise required to be made to the Office of Management and
Budget in conjunction with the proposed regulation.
(5) Public availability of analysis.--An agency shall--
(A) make each private property taking impact
analysis available to the public; and
(B) to the greatest extent practicable, transmit a
copy of such analysis to the owner or any other person
with a property right or interest in the affected
property.
(f) Guidance and Reporting Requirements.--
(1) Guidance.--The Attorney General shall provide legal
guidance in a timely manner, in response to a request by an
agency, to assist the agency in complying with this section.
(2) Reporting.--Not later than 1 year after the date of
enactment of this Act and at the end of each 1-year period
thereafter, each agency shall provide a report to the Director
of the Office of Management and Budget and the Attorney General
identifying each agency action that has resulted in the
preparation of a taking impact analysis, the filing of a taking
claim, or an award of compensation pursuant to the Just
Compensation Clause of the Fifth Amendment to the Constitution.
The Director of the Office of Management and Budget and the
Attorney General shall publish in the Federal Register, on an
annual basis, a compilation of the reports of all agencies made
pursuant to this paragraph.
(g) Presumptions in Proceedings.--For the purpose of any agency
action or administrative or judicial proceeding, there shall be a
rebuttable presumption that the costs, values, and estimates in any
private property takings impact analysis shall be outdated and
inaccurate, if--
(1) such analysis was completed 5 years or more before the
date of such action or proceeding; and
(2) such costs, values, or estimates have not been modified
within the 5-year period preceding the date of such action or
proceeding.
(h) Rules of Construction.--Nothing in this Act shall be construed
to--
(1) limit any right or remedy, constitute a condition
precedent or a requirement to exhaust administrative remedies,
or bar any claim of any person relating to such person's
property under any other law, including claims made under this
Act, section 1346 or 1402 of title 28, United States Code, or
chapter 91 of title 28, United States Code; or
(2) constitute a conclusive determination of--
(A) the value of any property for purposes of an
appraisal for the acquisition of property, or for the
determination of damages; or
(B) any other material issue.
(i) Effective Date.--The provisions of this Act shall take effect
120 days after the date of the enactment of this Act. | Private Property Rights Act of 1995 - States that the Congress declares that the Federal Government should protect the health, safety, and welfare of the public and, in doing so, to the extent practicable, avoid takings of private property.
Directs Federal agencies to complete a private property taking impact analysis before issuing or promulgating any policy, regulation, proposed legislation, or related agency action which is likely to result in a taking of private property.
Exempts from such requirement certain: (1) actions in which the power of eminent domain is formally exercised; (2) any action taken with respect to property held in trust by the United States or in connection with treaty negotiations; (3) law enforcement actions; (4) communications between a Federal agency and a State or local land-use planning agency about a proposed State or local activity regulating private property; (5) military activities or military or foreign affairs functions; and (6) emergencies involving immediate threats to health or safety.
Requires that the policies, regulations, and public laws of the United States be interpreted and administered in accordance with the policies under this Act.
Specifies the content of such an analysis and requires a copy to be transmitted to the owner of the affected property, as well as made available to the public.
Requires each agency to provide the analysis required by this Act as part of any submission otherwise required to be made to the Office of Management and Budget (OMB) in conjunction with the proposed regulation.
Directs the Attorney General to provide legal guidance in a timely manner, in response to a request by an agency, to assist it in complying with this Act.
Requires annual reports by each agency to the OMB Director and Attorney General identifying each agency action that has resulted in the preparation of a taking impact analysis, the filing of a taking claim, or an award of compensation pursuant to the Just Compensation Clause of the Fifth Amendment to the Constitution.
Creates a rebuttable presumption that unmodified analyses five years or older are outdated for purposes of any agency action or administrative or judicial proceeding. | {"src": "billsum_train", "title": "Private Property Rights Act of 1995"} | 1,525 | 451 | 0.68686 | 2.206328 | 0.952166 | 5.495074 | 3.630542 | 0.933498 |
SECTION 1. BOUNDARY EXPANSION.
Section 3(a)(2) of the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc-1(a)(2)) is amended to read
as follows:
``(2) The conservation area shall consist of approximately 195,610
acres as generally depicted on a map entitled `Red Rock Canyon National
Conservation Area--Proposed Expansion', numbered NV-RRCNCA-002, and
dated July 1994.''.
SEC. 2. OTHER AMENDMENTS TO THE RED ROCK CANYON NATIONAL CONSERVATION
AREA ESTABLISHMENT ACT OF 1990.
(a) Deadline for Management Plan.--Section 5(a)(1) of the Red Rock
Canyon National Conservation Area Establishment Act of 1990 (16 U.S.C.
460ccc-3(a)(1)) is amended by striking ``Within 3 full fiscal years
following the fiscal year in which the date of enactment of this Act
occurs,'' and inserting in lieu thereof ``No later than January 1,
1997,''.
(b) Exchange Authority.--Section 7 of the Red Rock Canyon National
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-5) is
amended--
(1) by striking ``Except as specifically authorized'' and
inserting in lieu thereof ``(a) Except as specifically
authorized''; and
(2) by adding at the end thereof a new subsection, as follows:
``(b) The Secretary may transfer to the owner of the Old Nevada
recreation facility the approximately 20 acres of Federal lands within
the conservation area which, on March 1, 1994, were used to provide
parking for visitors to such facility, in exchange for lands of equal
or greater value within the conservation area acceptable to the
Secretary.''.
(c) Priority Dates.--Section 10(b) of the Red Rock Canyon National
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-8(b)) is
amended by striking ``Act.'' and by inserting in lieu thereof ``Act,
except that as related to rights associated with lands added to the
conservation area after such date, the priority date shall be the date
of enactment of the Act adding such lands to the conservation area.''.
SEC. 3. POTENTIAL CONSERVATION LANDS.
(a) Withdrawal.--Subject to valid existing rights, the lands
identified in subsection (b) are hereby withdrawn from all forms of
entry under the public land laws, including the mining laws, and from
operation of the mineral and geothermal leasing laws: Provided, That
nothing in this subsection shall limit the issuance of any necessary
licenses or public land rights-of-way for any hydroelectric project
involving such lands.
(b) Lands.--The lands referred to in subsection (a) are the
approximately 1,280 acres of public lands as generally depicted on the
map entitled ``Potential Conservation Lands: Possible Hydroelectric
Project'' dated July, 1994.
(c) Future Status.--(1) Effective on the date 5 years after the
date of enactment of this Act, the lands described in subsection (b)
shall be added to the Red Rock Canyon National Conservation Area unless
before such effective date all necessary licenses and public land
rights-of-way have been issued for a hydroelectric project involving
some or all of such lands.
(2) For purposes of section 10(b) of the Red Rock Canyon National
Conservation Area Establishment Act of 1990, as amended by this Act,
the date on which the lands identified in subsection (b) of this
section are added to the Red Rock Canyon National Conservation Area
shall be deemed to be the date of enactment of an Act adding such lands
to the conservation area.
SEC. 4. AUSTIN, NEVADA MUSEUM.
(a) Lands.--The Austin Historic Mining District Historical Society
(hereafter referred to as ``the Historical Society'') shall be
permitted to use the lands located in Austin, Nevada, identified as
township 19 North, range 44 East, section 19, block 38, lots 1 through
16, assessor's parcel number 01-147-01, amounting to approximately 0.59
acres, in accordance with the requirements of this section.
(b) Uses.--The Historical Society's use of the lands identified in
subsection (a) shall be subject to the requirements of this section and
shall be limited to use for a museum or other facility to illustrate
the history of the Austin Historic Mining District.
(c) Terms and Conditions.--(1) The Secretary of Agriculture shall
permit the Historical Society to use the lands identified in subsection
(a) for a period of 20 years after the date of enactment of this Act.
After such period, the Historical Society may continue to use such
lands, at the discretion of the Secretary of Agriculture.
(2) During the period of 20 years after the date of the enactment
of this Act, the Historical Society, if it elects to use the lands
identified in subsection (a), shall pay to the Secretary of
Agriculture, on behalf of the United States, an annual rental of $100.
(3) If the Secretary of Agriculture permits continued use of the
lands identified in subsection (a) after the end of the period of 20
years after the date of enactment of this Act, the Secretary of
Agriculture shall require payment of such annual rental as the
Secretary determines reasonable.
(4) At all times that the lands identified in subsection (a) are
used by the Historical Society, the Historical Society shall be solely
responsible for all necessary maintenance and repairs of all structures
and improvements on such lands and for all necessary payments for
utilities or other services.
(5) All rentals received by the Secretary of Agriculture under this
section shall be deemed to have been deposited with such Secretary
pursuant to the Act of December 4, 1967 (16 U.S.C. 484a).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to expand the boundaries of the Area.
Extends the deadline for the Secretary of the Interior to develop the management plan for the Area until January 1, 1997.
Authorizes the Secretary to transfer to the owner of the Old Nevada recreation facility certain Federal lands within the Area which, on March 1, 1994, were used to provide parking for visitors to such facility, in exchange for lands of equal or greater value within the Area.
Requires the priority date for the reserved water rights associated with lands added to the Area after November 16, 1990, to be the date of the enactment of the Act adding such lands to the Area.
Withdraws lands depicted on the map entitled "Potential Conservation Lands: Possible Hydroelectric Project" from all public land, mining, and mineral and geothermal leasing laws. Declares that nothing in this Act shall limit the issuance of any necessary licenses or public land rights-of-way for any hydroelectric project involving such lands. Adds such lands to the Area five years after the enactment of this Act, unless before such date all necessary licenses and public land rights-of-way have been issued for a hydroelectric project involving some or all of the lands.
Permits the Austin Historic Mining District Historical Society to use certain lands in Austin, Nevada, for 20 years for a museum or other facility to illustrate the history of the District. | {"src": "billsum_train", "title": "To expand the boundaries of the Red Rock Canyon National Conservation Area."} | 1,349 | 323 | 0.61341 | 1.932563 | 0.783695 | 5.362989 | 4.220641 | 0.914591 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bosnia and Herzegovina-American
Enterprise Fund Act''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to support economic
opportunity and political progress in Bosnia and Herzegovina through
the creation of an enterprise fund that will provide financial
investment and technical assistance to small and medium-sized
enterprises.
(b) Findings.--Congress makes the following findings:
(1) The United States has a strong interest in ensuring the
gains in stability and reconciliation made since the end of the
Bosnian War in 1995 are not overtaken by difficult economic
conditions.
(2) In 2014, protests broke out across Bosnia and
Herzegovina as a result of widespread frustration among the
populace regarding the economy, which is currently experiencing
an unemployment rate of more than 40 percent.
(3)(A) A crucial element for economic progress in Bosnia
and Herzegovina is robust growth among small and medium-sized
enterprises (SMEs), which have struggled to access necessary
financing.
(B) Although the private sector credit-to-GDP ratio in
Bosnia and Herzegovina grew from 25 percent in 2001 to over 65
percent in 2008, it has failed to grow in the 7 years since,
and is significantly less than the average for advanced
economies.
(C) Bank lending, which grew similarly rapidly before 2008,
has grown barely more than 1 percent per year since then.
(D) International financial institutions and foreign-owned
private investment funds active in Bosnia and Herzegovina have
provided growth finance for larger companies and infrastructure
project financing, but have not substantially invested in SMEs.
(4)(A) Bosnia and Herzegovina's demographic, income and
geographic characteristics are promising for SME growth.
(B) Bosnia and Herzegovina is a market of almost 4,000,000
people, whose per capita income has grown by almost 50 percent
in less than a decade, and substantial growth remains in order
to achieve income parity with its Balkan neighbor economies.
(C) Bosnia and Herzegovina currently imports almost
$10,000,000,000 of goods per year, a substantial portion of
which could be substituted for by domestic SME production.
(5) To help foster and support the fledgling private sector
in Central and Eastern Europe after the fall of the Berlin
Wall, Congress, through enactment of the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.)
and the FREEDOM Support Act (22 U.S.C. 5801 et seq.),
authorized nearly $1,200,000,000 for the United States Agency
for International Development (USAID) to establish 10 new
investment funds (collectively known as the ``Enterprise
Funds'') to both support economic development objectives and
realize substantial financial returns.
(6) The Enterprise Funds--
(A) channeled approximately $10,000,000,000 of
public and private funding into more than 500
enterprises in 19 countries;
(B) leveraged $6,900,000,000 in private investment
capital from outside the United States Government;
(C) provided substantial development capital where
supply was limited;
(D) created or sustained more than 300,000 jobs
through investment and development activities;
(E) funded $80,000,000 in technical assistance to
strengthen the private sector; and
(F) are expected to recoup 177 percent of the
original USAID funding.
(7) Enterprise funds established in partnership with United
States partners, such as Poland, Hungary, Albania, Russia, and
other European countries, have proven beneficial to the
economies of such countries.
(8) Creating a similar fund in close partnership with the
people of Bosnia and Herzegovina would help sustain and expand
economic reform efforts in Bosnia and Herzegovina and empower
entrepreneurs to create urgently needed employment
opportunities.
(9) Establishing an enterprise fund for Bosnia and
Herzegovina would--
(A) help improve financial institutions within the
country;
(B) provide debt, equity, and other investment
vehicles for commercially viable SMEs; and
(C) make the investment environment more attractive
to domestic and international investors.
SEC. 3. PURPOSES OF BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND.
The purposes of the Bosnia and Herzegovina-American Enterprise Fund
are--
(1) to promote the private sector in Bosnia and
Herzegovina, while considering the development impact of
investments and profitability of those investments,
particularly in small and medium-sized enterprises, and joint
ventures with participants from the United States and Bosnia
and Herzegovina;
(2) to promote policies and practices conducive to
strengthening the private sector in Bosnia and Herzegovina
through measures including loans, microloans, equity
investments, insurance, guarantees, grants, feasibility
studies, technical assistance, training for businesses
receiving investment capital, and other measures;
(3) to promote good corporate governance and transparency
in Bosnia and Herzegovina, foster competition, catalyze
productivity improvements in existing businesses, and
strengthen local capital markets; and
(4) to promote security through job creation in the private
sector in Bosnia and Herzegovina and to further the creation of
a middle class in Bosnia and Herzegovina.
SEC. 4. BOSNIA AND HERZEGOVINA-AMERICAN ENTERPRISE FUND.
(a) Designation.--The President is authorized to designate a
private, nonprofit organization (to be known as the Bosnia and
Herzegovina-American Enterprise Fund) to receive funds and support made
available under this Act after determining that such organization has
been designated for the purposes specified in section 3. The President
should make such designation only after consultation with the
leadership of each House of Congress.
(b) Board of Directors.--
(1) Appointment.--The Bosnia and Herzegovina-American
Enterprise Fund shall be governed by a Board of Directors,
which shall be comprised of 6 private citizens of the United
States appointed by the President of the United States in
consultation with the Administrator of the United States Agency
for International Development. The Board is authorized to
appoint up to 3 additional members who are citizens of Bosnia
and Herzegovina if agreed to unanimously by all members of the
Board.
(2) Qualifications.--Members of the Board of Directors
shall be selected from among people who have had successful
business careers and demonstrated experience and expertise in
international and particularly emerging markets investment
activities, such as private equity or venture capital
investment, banking, finance, strategic business consulting, or
entrepreneurial business creation, and backgrounds in priority
business sectors of the Fund.
(3) United states government liaison to the board.--The
President shall appoint the United States Ambassador to Bosnia
and Herzegovina, or the Ambassador's designee, as a liaison to
the Board.
(4) Non-government liaisons to the board.--
(A) Authority to appoint.--Upon the recommendation
of the Board of Directors, the President may appoint up
to 2 additional liaisons to the Board of Directors in
addition to the members specified in paragraphs (1) and
(3), of which not more than 1 may be a non-citizen of
the United States.
(B) NGO community.--One of the additional liaisons
to the Board should be from the nongovernmental
organization community, with significant prior
experience in development and an understanding of
development policy priorities for Bosnia and
Herzegovina.
(C) Technical expertise.--One of the additional
liaisons to the Board should have extensive
demonstrated industry, sector, or technical experience
and expertise in a priority investment sector for the
Fund.
(c) Grants.--
(1) In general.--There is authorized to be appropriated for
the Department of State for fiscal year 2016 $30,000,000--
(A) to carry out the purposes set forth in section
3 through the Bosnia and Herzegovina-American
Enterprise Fund; and
(B) to pay for the administrative expenses of the
Bosnia and Herzegovina-American Enterprise Fund.
(2) Eligible programs and projects.--Grants awarded under
this section may only be used for programs and projects that
support the purposes set forth in section 3.
(3) Compliance requirements.--
(A) In general.--Grants may not be awarded to the
Bosnia and Herzegovina-American Enterprise Fund under
this section unless the Fund agrees to comply with the
requirements under this section.
(B) Grant agreement.--The grant agreement between
the United States Agency for International Development
and the Bosnia and Herzegovina-American Enterprise Fund
shall state that the Fund shall end its reinvestment
cycle not later than December 31, 2030, unless the
Secretary of State, in consultation with the
Administrator of the United States Agency for
International Development, and after consultation with
the appropriate congressional committees, determines
that the Fund should be extended.
(C) Prevention of money laundering and terrorist
financing.--The grant agreement between the United
States Agency for International Development and the
Bosnia and Herzegovina-American Enterprise Fund shall
state that the Fund shall comply with procedures
specified by the Secretary of State to ensure that
grant funds are not provided by the Fund to or through
any individual, private or government entity, or
educational institution that advocates, plans,
sponsors, engages in, or has engaged in, money
laundering or terrorist activity or, with respect to a
private entity or educational institution, that has as
a principal officer of the entity's governing board or
governing board of trustees any individual that has
been determined to be involved in or advocating money
laundering or terrorist activity or determined to be a
member of a designated foreign terrorist organization.
(D) Disposition of assets.--The assets of the
Bosnia and Herzegovina-American Enterprise Fund at the
time the Fund is dissolved shall be returned to the
General Fund of the United States Treasury and used to
reduce the debt of the United States in a manner agreed
upon by USAID and the Board of Directors for the Fund,
except for those assets used to designate a legacy
foundation which is appropriately resourced to the
needs of Bosnia and Herzegovina.
(d) Notification.--
(1) In general.--Not later than 15 days before designating
an organization to operate as the Bosnia and Herzegovina-
American Enterprise Fund pursuant to subsection (a), the
President shall provide the information described in paragraph
(2) to the Chairman and Ranking Member of the appropriate
congressional committees.
(2) Information.--The information described in this
paragraph is--
(A) the identity of the organization to be
designated to operate as the Bosnia and Herzegovina-
American Enterprise Fund pursuant to subsection (a);
(B) the name and qualifications of the individual
who will serve as Chairman of the Board of Directors;
and
(C) the amount of the grant intended to fund the
Bosnia and Herzegovina-American Enterprise Fund over
the lifetime of the fund.
(e) Public Disclosure.--Not later than 1 year after the entry into
force of the initial grant agreement under this section, and annually
thereafter, the Fund shall prepare and make available to the public on
an Internet Web site administered by the Fund a report on the Fund's
activities during the previous year, including--
(1) a description of each investment or project supported
by the Fund, including each type of assistance provided in
accordance with section 3(2);
(2) the amounts invested by the Fund in each company or
project;
(3) the amounts of additional private investments made in
each company or project; and
(4) the amounts of any profits or losses realized by the
Fund in connection with each such company or project.
SEC. 5. REPORTS.
(a) Administrative Expenses.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter until the Fund is
dissolved, the Fund shall submit to the appropriate congressional
committees a report detailing the administrative expenses of the Fund,
including any employee incentive compensation arrangements implemented
by the Fund which are not considered to be industry standard.
(b) GAO Report.--Not later than 3 years after the date of the
enactment of this Act, and every 3 years thereafter until the Fund is
dissolved, the Comptroller General of the United States shall submit to
the appropriate congressional committees a report assessing the
activities of the Fund in achieving the stated goals of promoting
private sector investment and employment in Bosnia and Herzegovina and
identifying those institutional or regulatory constraints that inhibit
a more effective application of Fund resources.
(c) USAID Reports.--Not later than July 1, 2022, and July 1, 2030,
the Administrator of the United States Agency for International
Development shall submit a report to the appropriate congressional
committees assessing the performance of the Bosnia and Herzegovina-
American Enterprise Fund with respect to the purposes set forth in
section 3.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
SEC. 6. OPERATION PROVISIONS.
(a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k),
(l), (m), (n), (o), and (p) of section 201 of the Support for East
European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) shall apply with
respect to the Bosnia and Herzegovina-American Enterprise Fund in the
same manner as such provisions apply to Enterprise Funds designated
pursuant to subsection (d) of such section.
(b) Reinvestment.--Returns on investments of the Bosnia and
Herzegovina-American Enterprise Fund and other payments to the Fund may
be reinvested in projects carried out by the Fund without further
appropriation by Congress.
SEC. 7. BEST PRACTICES AND PROCEDURES.
To the maximum extent practicable, the Board of Directors of the
Bosnia and Herzegovina-American Enterprise Fund should adopt the best
practices and procedures used by Enterprise Funds, including those for
which funding has been made available pursuant to section 201 of the
Support for East European Democracy (SEED) Act of 1989 (22 U.S.C.
5421).
SEC. 8. EXPERIENCE OF OTHER ENTERPRISE FUNDS.
In implementing this Act, the President shall ensure that the
Articles of Incorporation of the Bosnia and Herzegovina-American
Enterprise Fund (including provisions specifying the responsibilities
of the Board of Directors of the Fund), the terms of United States
Government grant agreements with the Fund, and United States Government
oversight of the Fund are, to the maximum extent practicable,
consistent with the Articles of Incorporation of, the terms of grant
agreements with, and the oversight of the Enterprise Funds designated
pursuant to section 201 of the Support for East European Democracy
(SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions of law. | Bosnia and Herzegovina-American Enterprise Fund Act This bill authorizes the President to designate a private, nonprofit organization as the Bosnia and Herzegovina-American Enterprise Fund to promote the private sector, job creation, and creation of a middle class in Bosnia and Herzegovina. | {"src": "billsum_train", "title": "Bosnia and Herzegovina-American Enterprise Fund Act"} | 3,235 | 63 | 0.509002 | 1.402707 | 0.879228 | 4.55102 | 61.183673 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sudbury, Assabet, and Concord Wild
and Scenic River Act''.
SEC. 2. DESIGNATION OF SUDBURY, ASSABET, AND CONCORD SCENIC AND
RECREATIONAL RIVERS, MASSACHUSETTS.
(a) Findings.--The Congress finds the following:
(1) The Sudbury, Assabet, and Concord Wild and Scenic River
Study Act (title VII of Public Law 101-628; 104 Stat. 4497)--
(A) designated segments of the Sudbury, Assabet, and
Concord Rivers in the Commonwealth of Massachusetts, totaling
29 river miles, for study and potential addition to the
National Wild and Scenic Rivers System; and
(B) directed the Secretary of the Interior to establish the
Sudbury, Assabet, and Concord Rivers Study
Committee (in this section referred to as the ``Study
Committee'') to advise the Secretary in conducting the study
and in the consideration of management alternatives should the
rivers be included in the National Wild and Scenic Rivers
System.
(2) The study determined the following river segments are
eligible for inclusion in the National Wild and Scenic Rivers
System based on their free-flowing condition and outstanding
scenic, recreation, wildlife, cultural, and historic values:
(A) The 16.6-mile segment of the Sudbury River
beginning at the Danforth Street Bridge in the town of
Framingham, to its confluence with the Assabet River.
(B) The 4.4-mile segment of the Assabet River from 1,000
feet downstream from the Damon Mill Dam in the town of Concord
to the confluence with the Sudbury River at Egg Rock in
Concord.
(C) The 8-mile segment of the Concord River from Egg Rock
at the confluence of the Sudbury and Assabet Rivers to the
Route 3 bridge in the town of Billerica.
(3) The towns that directly abut the segments, including
Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford, Carlisle,
and Billerica, Massachusetts, have each demonstrated their desire
for National Wild and Scenic River designation through town meeting
votes endorsing designation.
(4) During the study, the Study Committee and the National Park
Service prepared a comprehensive management plan for the segment,
entitled ``Sudbury, Assabet and Concord Wild and Scenic River
Study, River Conservation Plan'' and dated March 16, 1995 (in this
section referred to as the ``plan''), which establishes objectives,
standards, and action programs that will ensure long-term
protection of the rivers' outstanding values and compatible
management of their land and water resources.
(5) The Study Committee voted unanimously on February 23, 1995,
to recommend that the Congress include these segments in the
National Wild and Scenic Rivers System for management in accordance
with the plan.
(b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following new
paragraph:
``(160) Sudbury, Assabet, and Concord Rivers, Massachusetts.--(A)
The 29 miles of river segments in Massachusetts, as follows:
``(i) The 14.9-mile segment of the Sudbury River beginning at
the Danforth Street Bridge in the town of Framingham, downstream to
the Route 2 Bridge in Concord, as a scenic river.
``(ii) The 1.7-mile segment of the Sudbury River from the Route
2 Bridge downstream to its confluence with the Assabet River at Egg
Rock, as a recreational river.
``(iii) The 4.4-mile segment of the Assabet River beginning
1,000 feet downstream from the Damon Mill Dam in the town of
Concord, to its confluence with the Sudbury River at Egg Rock in
Concord; as a recreational river.
``(iv) The 8-mile segment of the Concord River from Egg Rock at
the confluence of the Sudbury and Assabet Rivers downstream to the
Route 3 Bridge in the town of Billerica, as a recreational river.
``(B) The segments referred to in subparagraph (A) shall be
administered by the Secretary of the Interior in cooperation with the
SUASCO River Stewardship Council provided for in the plan referred to
in subparagraph (C) through cooperative agreements under section 10(e)
between the Secretary and the Commonwealth of Massachusetts and its
relevant political subdivisions (including the towns of Framingham,
Wayland, Sudbury, Lincoln, Concord, Carlisle, Bedford, and Billerica).
``(C) The segments referred to in subparagraph (A) shall be managed
in accordance with the plan entitled `Sudbury, Assabet and Concord Wild
and Scenic River Study, River Conservation Plan', dated March 16, 1995.
The plan is deemed to satisfy the requirement for a comprehensive
management plan under subsection (d) of this section.''.
(c) Federal Role in Management.--(1) The Director of the National
Park Service or the Director's designee shall represent the Secretary
of the Interior in the implementation of the plan, this section, and
the Wild and Scenic Rivers Act with respect to each of the segments
designated by the amendment made by subsection (b), including the
review of proposed federally assisted water resources projects that
could have a direct and adverse effect on the values for which the
segment is established, as authorized under section 7(a) of the Wild
and Scenic Rivers Act (16 U.S.C. 1278(a)).
(2) Pursuant to sections 10(e) and section 11(b)(1) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)), the Director shall
offer to enter into cooperative agreements with the Commonwealth of
Massachusetts, its relevant political subdivisions, the Sudbury Valley
Trustees, and the Organization for the Assabet River. Such cooperative
agreements shall be consistent with the plan and may include provisions
for financial or other assistance from the United States to facilitate
the long-term protection, conservation, and enhancement of each of the
segments designated by the amendment made by subsection (b).
(3) The Director may provide technical assistance, staff support,
and funding to assist in the implementation of the plan, except that
the total cost to the Federal Government of activities to implement the
plan may not exceed $100,000 each fiscal year.
(4) Notwithstanding section 10(c) of the Wild and Scenic Rivers Act
(16 U.S.C. 1281(c)), any portion of a segment designated by the
amendment made by subsection (b) that is not already within the
National Park System shall not under this section--
(A) become a part of the National Park System;
(B) be managed by the National Park Service; or
(C) be subject to regulations which govern the National Park
System.
(d) Water Resources Projects.--(1) In determining whether a
proposed water resources project would have a direct and adverse effect
on the values for which the segments designated by the amendment made
by subsection (b) were included in the National Wild and Scenic Rivers
System, the Secretary of the Interior shall specifically consider the
extent to which the project is consistent with the plan.
(2) The plan, including the detailed Water Resources Study
incorporated by reference in the plan and such additional analysis as
may be incorporated in the future, shall serve as the primary source of
information regarding the flows needed to maintain instream resources
and potential compatibility between resource protection and possible
additional water withdrawals.
(e) Land Management.--(1) The zoning bylaws of the towns of
Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and
Billerica, Massachusetts, as in effect on the date of enactment of this
Act, are deemed to satisfy the standards and requirements under section
6(c) of the Wild and Scenic rivers Act (16 U.S.C. 1277(c)). For the
purpose of that section, the towns are deemed to be ``villages'' and
the provisions of that section which prohibit Federal acquisition of
lands through condemnation shall apply.
(2) The United States Government shall not acquire by any means
title to land, easements, or other interests in land along the segments
designated by the amendment made by subsection (b) or their tributaries
for the purposes of designation of the segments under the amendment.
Nothing in this section shall prohibit Federal acquisition of interests
in land along those segments or tributaries under other laws for other
purposes.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior to carry out this section
not to exceed $100,000 for each fiscal year.
(g) Existing Undesignated Paragraphs; Removal of Duplication.--
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended--
(1) by striking the first undesignated paragraph after
paragraph (156), relating to Elkhorn Creek, Oregon; and
(2) by designating the three remaining undesignated paragraphs
after paragraph (156) as paragraphs (157), (158), and (159),
respectively.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Sudbury, Assabet, and Concord Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate segments of the Sudbury, Assabet, and Concord Rivers in Massachusetts as components of the National Wild and Scenic Rivers System. Requires the segments to be: (1) administered by the Secretary of the Interior through cooperative agreements between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions; and (2) managed in accordance with the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Conservation Plan which shall be deemed to satisfy the requirement for a comprehensive management plan pursuant to the Act. Requires the Director of the National Park Service to represent the Secretary in the implementation of the Conservation Plan and the provisions of the Act with respect to the segments. Authorizes the Director to provide technical assistance, staff support, and limited funding to assist in the implementation of the Plan. Authorizes appropriations. | {"src": "billsum_train", "title": "Sudbury, Assabet, and Concord Wild and Scenic River Act"} | 2,092 | 220 | 0.703723 | 2.082008 | 0.811553 | 5.112994 | 10.457627 | 0.943503 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public School Construction
Partnership Act''.
SEC. 2. TREATMENT OF QUALIFIED PUBLIC EDUCATIONAL FACILITY BONDS AS
EXEMPT FACILITY BONDS.
(a) Treatment as Exempt Facility Bond.--Subsection (a) of section
142 of the Internal Revenue Code of 1986 (relating to exempt facility
bond) is amended by striking ``or'' at the end of paragraph (11), by
striking the period at the end of paragraph (12) and inserting ``,
or'', and by adding at the end the following:
``(13) qualified public educational facilities.''
(b) Qualified Public Educational Facilities.--Section 142 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following:
``(k) Qualified Public Educational Facilities.--
``(1) In general.--For purposes of subsection (a)(13), the
term `qualified public educational facility' means any school
facility which is--
``(A) part of a public elementary school or a
public secondary school,
``(B) except as provided in paragraph (6)(B)(iii),
located in a high-growth school district, and
``(C) owned by a private, for-profit corporation
pursuant to a public-private partnership agreement with
a State or local educational agency described in
paragraph (2).
``(2) Public-private partnership agreement described.--A
public-private partnership agreement is described in this
paragraph if it is an agreement--
``(A) under which the corporation agrees--
``(i) to do 1 or more of the following:
construct, rehabilitate, refurbish, or equip a
school facility, and
``(ii) at the end of the contract term, to
transfer the school facility to such agency for
no additional consideration, and
``(B) the term of which does not exceed the term of
the underlying issue.
``(3) School facility.--For purposes of this subsection,
the term `school facility' means--
``(A) school buildings,
``(B) functionally related and subordinate
facilities and land with respect to such buildings,
including any stadium or other facility primarily used
for school events, and
``(C) any property, to which section 168 applies
(or would apply but for section 179), for use in the
facility.
``(4) Public schools.--For purposes of this subsection, the
terms `elementary school' and `secondary school' have the
meanings given such terms by section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801), as in
effect on the date of the enactment of this subsection.
``(5) High-growth school district.--For purposes of this
subsection, the term `high-growth school district' means a
school district established under State law which had an
enrollment of at least 5,000 students in the second academic
year preceding the date of the issuance of the bond and an
increase in student enrollment of at least 20 percent during
the 5-year period ending with such academic year.
``(6) Annual aggregate face amount of tax-exempt
financing.--
``(A) In general.--An issue shall not be treated as
an issue described in subsection (a)(13) if the
aggregate face amount of bonds issued by the State
pursuant thereto (when added to the aggregate face
amount of bonds previously so issued during the
calendar year) exceeds an amount equal to the greater
of--
``(i) $10 multiplied by the State
population, or
``(ii) $5,000,000.
``(B) Allocation rules.--
``(i) In general.--Except as otherwise
provided in this subparagraph, the State may
allocate in a calendar year the amount
described in subparagraph (A) for such year in
such manner as the State determines
appropriate.
``(ii) Rules for carryforward of unused
amount.--With respect to any calendar year, a
State may make an election under rules similar
to the rules of section 146(f), except that the
sole carryforward purpose with respect to such
election is the issuance of exempt facility
bonds described in section 142(a)(13).
``(iii) Special allocation rule for schools
outside high-growth school districts.--A State
may elect to allocate an aggregate face amount
of bonds not to exceed $5,000,000 from the
amount described in subparagraph (A) for each
calendar year for qualified public educational
facilities without regard to the requirement
under paragraph (1)(A).''
(c) Exemption From General State Volume Caps.--Paragraph (3) of
section 146(g) of the Internal Revenue Code of 1986 (relating to
exception for certain bonds) is amended--
(1) by striking ``or (12)'' and inserting ``(12), or
(13)'', and
(2) by striking ``and environmental enhancements of
hydroelectric generating facilities'' and inserting
``environmental enhancements of hydroelectric generating
facilities, and qualified public educational facilities''.
(d) Exemption From Limitation on Use for Land Acquisition.--Section
147(h) of the Internal Revenue Code of 1986 (relating to certain rules
not apply) is amended--
(1) by adding at the end the following:
``(3) Exempt facility bonds for qualified public-private
schools.--Subsection (c) shall not apply to any exempt facility
bond issued as part of an issue described in section 142(a)(13)
(relating to qualified public-private schools).'', and
(2) by striking ``Mortgage Revenue Bonds, Qualified Student
Loan Bonds, and Qualified 501(c)(3) Bonds'' in the heading and
inserting ``Certain Bonds''.
(e) Effective Date.--The amendments made by this section shall
apply to bonds issued after December 31, 1998.
SEC. 3. ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR
GOVERNMENTAL BONDS USED TO FINANCE EDUCATION FACILITIES.
(a) In General.--Section 148(f)(4)(D)(vii) of the Internal Revenue
Code of 1986 (relating to increase in exception for bonds financing
public school capital expenditures) is amended by striking
``$5,000,000'' the second place it appears and inserting
``$10,000,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to obligations issued after December 31, 1998. | Public School Construction Partnership Act - Amends the Internal Revenue Code to authorize issuance of tax-exempt private activity bonds to finance construction and rehabilitation of high-growth area public elementary and secondary schools through public-private construction and ownership agreements.
Limits the annual aggregate amount of a State's tax-exempt financing. Sets forth State allocation rules, including a discretionary allocation for non high-growth school areas.
Exempts such bonds from: (1) State volume caps; and (2) land use or acquisition limitations.
Increases the arbitrage rebate exception for State and local bonds used to finance public schools. | {"src": "billsum_train", "title": "Public School Construction Partnership Act"} | 1,487 | 128 | 0.484817 | 1.188076 | 0.617573 | 1.708333 | 10.95 | 0.808333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sikes Act Reauthorization Act of
2003''.
SEC. 2. REAUTHORIZATION OF TITLE I OF SIKES ACT.
Section 108 of the Sikes Act (16 U.S.C. 670f) is amended by
striking ``fiscal years 1998 through 2003'' each place it appears and
inserting ``fiscal years 2004 through 2008''.
SEC. 3. SENSE OF CONGRESS.
(a) Findings.--The Congress finds the following:
(1) The Department of Defense maintains over 25,000,000
acres of valuable fish and wildlife habitat on approximately
400 military installations nationwide.
(2) These lands contain a wealth of plant and animal life,
vital wetlands for migratory birds, and nearly 300 federally
listed threatened species and endangered species.
(3) Increasingly, land surrounding military bases are being
developed with residential and commercial infrastructure that
fragments fish and wildlife habitat and decreases its ability
to support a diversity of species.
(4) Comprehensive conservation plans, such as integrated
natural resource management plans under the Sikes Act (16
U.S.C. 670 et seq.), can ensure that these ecosystem values can
be protected and enhanced while allowing these lands to meet
the needs of military operations.
(5) Section 107 of the Sikes Act (16 U.S.C. 670e-2)
requires sufficient numbers of professionally trained natural
resources management personnel and natural resources law
enforcement personnel to be available and assigned
responsibility to perform tasks necessary to carry out title I
of the Sikes Act, including the preparation and implementation
of integrated natural resource management plans.
(6) Managerial and policymaking functions performed by
Department of Defense on-site professionally trained natural
resource management personnel on military installations are
appropriate governmental functions.
(7) Professionally trained civilian biologists in permanent
Federal Government career managerial positions are essential to
oversee fish and wildlife and natural resource conservation
programs are essential to the conservation of wildlife species
on military land.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should take whatever steps are necessary to ensure
that section 107 of the Sikes Act (16 U.S.C. 670e-2) is fully
implemented consistent with the findings made in subsection (a).
SEC. 4. ADVANCE NOTICE AND CONSULTATION REGARDING INTEGRATED NATURAL
RESOURCE MANAGEMENT PLANS.
Section 101(a)(2) of the Sikes Act (16 U.S.C. 670a(a)(2)) is
amended--
(1) by inserting ``(A)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(B)(i) The Secretary of a military department shall
advise the Secretary of the Interior and the head of the
appropriate State fish and wildlife agency of the intent of the
Secretary of the military department to prepare or revise an
integrated natural resources management plan under this
subsection, by not later than 30 days before publishing public
notice of such intent.
``(ii) The Secretary of the military department, the
Secretary of the Interior, and the head of such appropriate
State fish and wildlife agency, in the period beginning on the
date of publication of notice under clause (i) and ending on
the date of publication of public notice referred to in clause
(i), shall consult to determine the following:
``(I) The intended scope of the integrated natural
resources management plan that is the subject of the
notice.
``(II) The timetable for preparation or revision of
such plan.
``(III) What steps must be taken to comply with
section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) in such preparation or revision.
``(IV) An estimation of the financial and human
resources needed to complete such preparation or
revision.''.
SEC. 5. RESOURCE AGENCY CERTIFICATIONS REGARDING INTEGRATED NATURAL
RESOURCE MANAGEMENT PLANS.
Section 101 of the Sikes Act (16 U.S.C. 670a) is further amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(C) An integrated natural resources management plan
prepared or revised under this section shall not be considered
to reflect the mutual agreement of the parties for purposes of
subparagraph (A) unless the Secretary of the Interior, the head
of the appropriate State fish and wildlife agency, and the
Secretary of the military department that prepares or revises
the plan each certify that the plan adequately addresses
conservation, protection, and management of fish and wildlife
resources.'';
(2) in subsection (b)(2), by inserting ``and recertified
under subsection (a)(2)(C) by each of the Secretary of the
Interior, the head of the appropriate State fish and wildlife
agency, and the Secretary of the military department that
prepared the plan'' after ``parties thereto''; and
(3) in subsection (f)(2), by adding at the end the
following: ``The report shall include a statement of the number
of integrated natural resources management plans that were
certified or recertified by the Secretary of the Interior under
subsection (a)(2)(C) in the year covered by the report.''.
SEC. 6. PUBLIC NOTICE AND COMMENT REGARDING INTEGRATED NATURAL RESOURCE
MANAGEMENT PLANS.
Section 101(a)(2) of the Sikes Act (16 U.S.C. 670a(a)(2)) is
further amended by adding at the end the following:
``(D) The Secretary of a military department shall--
``(i) publish public notice in the Federal Register
or, if more appropriate, a readily accessible
publication such as a local or regional newspaper, of
the intent of the Secretary to prepare or revise an
integrated natural resources management plan under this
paragraph; and
``(ii) provide an opportunity for the submission by
the public of comments regarding such preparation or
revision, for a period of at least 30 days.''.
SEC. 7. INVASIVE SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS.
(a) In General.--Section 101(b)(1) of the Sikes Act (16 U.S.C.
670a(b)(1)) is amended by redesignating subparagraphs (D) through (J)
in order as subparagraphs (E) through (K), and by inserting after
subparagraph (C) the following:
``(D) in the case of a plan for a military
installation in Guam, management, control, and
eradication of invasive species that are not native to
the ecosystem of the military installation and the
introduction of which cause or may cause harm to
military readiness, the environment, the economy, or
human health and safety;''.
(b) Application.--The amendment made by subsection (a) shall
apply--
(1) to any integrated natural resources management plan
prepared under section 101(a)(1) of the Sikes Act (16 U.S.C.
670a(a)(1)) on or after the date of the enactment of this Act;
and
(2) to any integrated natural resources management plan
prepared under section 101(a)(1) of the Sikes Act (16 U.S.C.
670a(a)(1)) before the date of the enactment of this Act,
effective March 1, 2004.
Amend the title so as to read: ``A bill to reauthorize
title I of the Sikes Act, and for other purposes.''. | Sikes Act Reauthorization Act of 2003 - Amends the Sikes Act (which requires the Department of Defense and the U.S. Fish and Wildlife Service to develop and implement plans to manage natural resources on certain military lands) to reauthorize appropriations and expenditures for FY 2004 through 2008 for conservation programs on military installations.
Declares the sense of Congress that the Secretary of Defense should take whatever steps are necessary to ensure full implementation (consistent with the findings of this Act) of the Sikes Act requirement that sufficient numbers of professionally trained natural resources management and law enforcement personnel be available and assigned responsibility to perform tasks necessary to carry out conservation programs on military installations, including preparation and implementation of integrated natural resource management plans.
Requires the Secretary of a military department to advise the Secretary of the Interior and the head of the appropriate State fish and wildlife agency of intent to prepare or revise an integrated natural resources management plan.
Requires the Secretary of the Interior, the head of the appropriate State fish and wildlife agency, and the Secretary of the military department that prepares or revises the plan each to certify that the plan they agree upon adequately addresses conservation, protection, and management of the fish and wildlife resources.
Requires the Secretary of a military department to publish notice and provide an opportunity for public comments of the intent to prepare or revise an integrated natural resource management plan.
Requires that an integrated natural resource management plan in Guam provide for management, control, and eradication of invasive species that are not native to the ecosystem of the military installation, and the introduction of which cause or may cause harm to military readiness, the environment, the economy, or human health and safety. | {"src": "billsum_train", "title": "To reauthorize title I of the Sikes Act."} | 1,674 | 364 | 0.634064 | 2.023468 | 0.972492 | 5.11875 | 4.603125 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Haskell Indian Nations University
and Southwestern Indian Polytechnic Institute Administrative Systems
Act of 1997''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the provision of culturally sensitive curricula for
higher education programs at Haskell Indian Nations University
and the Southwestern Indian Polytechnic Institute is consistent
with the commitment of the Federal Government to the
fulfillment of treaty obligations to Indian tribes through the
principle of self-determination and the use of Federal
resources; and
(2) giving a greater degree of autonomy to those
institutions, while maintaining them as an integral part of the
Bureau of Indian Affairs, will facilitate--
(A) the transition of Haskell Indian Nations
University to a 4-year university; and
(B) the administration and improvement of the
academic program of the Southwestern Indian Polytechnic
Institute.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) Haskell indian nations university.--The term ``Haskell
Indian Nations University'' means Haskell Indian Nations
University, located in Lawrence, Kansas.
(2) Southwestern indian polytechnic institute.--The term
``Southwestern Indian Polytechnic Institute'' means the
Southwestern Indian Polytechnic Institute, located in
Albuquerque, New Mexico.
(3) Respective institutions, etc.--The terms ``respective
institutions'' and ``institutions to which this Act applies''
mean Haskell Indian Nations University and the Southwestern
Indian Polytechnic Institute.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. PERSONNEL MANAGEMENT.
(a) Inapplicability of Certain Civil Service Laws.--Chapters 51,
53, and 63 of title 5, United States Code (relating to classification,
pay, and leave, respectively) and the provisions of such title relating
to the appointment, performance evaluation, promotion, and removal of
civil service employees shall not apply to applicants for employment
with, employees of, or positions in or under either of the institutions
to which this Act applies.
(b) Alternative Personnel Management Provisions.--
(1) In general.--The president of each of the respective
institutions shall by regulation prescribe such personnel
management provisions as may be necessary, in the interest of
effective administration, to replace the provisions of law that
are inapplicable with respect to such institution by reason of
subsection (a).
(2) Procedural requirements.--Regulations under this
subsection--
(A) shall be prescribed in consultation with the
board of regents (or, if none, the governing body) of
the institution involved and other appropriate
representative bodies;
(B) shall be subject to the requirements of
subsections (b) through (e) of section 553 of title 5,
United States Code; and
(C) shall not take effect except with the prior
written approval of the Secretary.
(c) Specific Substantive Requirements.--Under the regulations
prescribed for an institution under this section--
(1) no rate of basic pay may, at any time, exceed--
(A) in the case of an employee who would otherwise
be subject to the General Schedule, the maximum rate of
basic pay then currently payable for grade GS-15 of the
General Schedule (including any amount payable under section 5304 of
title 5, United States Code, or other similar authority for the
locality involved); or
(B) in the case of an employee who would otherwise
be subject to subchapter IV of chapter 53 of title 5,
United States Code (relating to prevailing rate
systems), the maximum rate of basic pay which (but for
this section) would then otherwise be currently payable
under the wage schedule covering such employee;
(2) section 5307 of title 5, United States Code (relating
to limitation on certain payments) shall apply, subject to such
definitional and other modifications as may be necessary in the
context of the applicable alternative personnel management
provisions under this section;
(3) procedures shall be established for the rapid and
equitable resolution of grievances;
(4) no employee may be discharged without notice of the
reasons therefor and opportunity for a hearing under procedures
that comport with the requirements of due process, except that
this paragraph shall not apply in the case of an employee
serving a probationary or trial period under an initial
appointment; and
(5) employees serving for a period specified in or
determinable under an employment agreement shall, except as
otherwise provided in the agreement, be notified at least 30
days before the end of such period as to whether their
employment agreement will be renewed.
(d) Rule of Construction.--Nothing in this section shall be
considered to affect the applicability of--
(1) any provision of law providing for--
(A) equal employment opportunity;
(B) Indian preference; or
(C) veterans' preference;
(2) any provision of chapter 23 of title 5, United States
Code, or any other provision of such title, relating to merit
system principles or prohibited personnel practices; or
(3) chapter 71 of title 5, United States Code, relating to
labor-management and employee relations.
(e) Labor-Management Provisions.--
(1) Collective-bargaining agreements.--Any collective-
bargaining agreement in effect on the day before the applicable
effective date under subsection (f)(1) shall continue to be
recognized by the institution involved until altered or amended
pursuant to law.
(2) Exclusive representative.--Nothing in this Act shall
affect the right of any labor organization to be accorded (or
to continue to be accorded) recognition as the exclusive
representative of any unit of employees.
(3) Other provisions.--Matters made subject to regulation
under this section shall not be subject to collective
bargaining.
(f) Effective Date.--
(1) Alternative personnel management provisions.--Any
alternative personnel management provisions under this section
shall take effect on such date as may be specified in the
regulations applicable with respect to the institution
involved, except that in no event shall the date specified be
later than 1 year after the date of the enactment of this Act.
(2) Provisions made inapplicable by this section.--
Subsection (a) shall, with respect to an institution, take
effect as of the effective date specified with respect to such
institution under paragraph (1).
(g) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the alternative personnel management provisions
under this section shall apply with respect to all applicants
for employment with, all employees of, and all positions in or
under the institution involved.
(2) Current employees not covered except pursuant to a
voluntary election.--
(A) In general.--An employee serving with an
institution on the day before the applicable effective
date under subsection (f)(1) shall not be subject to
such institution's alternative personnel management
provisions (and shall instead, for purposes of such
institution, be treated in the same way as if this
section had not been enacted, notwithstanding
subsection (a)) unless, before the end of the 5-year
period beginning on such effective date, such employee
elects to be covered by such provisions.
(B) Procedures.--An election under this paragraph
shall be made in such form and in such manner as may be
required under the regulations, and shall be irrevocable.
(3) Transition provisions.--
(A) Provisions relating to annual and sick leave.--
Any individual who--
(i) makes an election under paragraph (2),
or
(ii) on or after the applicable effective
date under subsection (f)(1), is transferred,
promoted, or reappointed, without a break in
service of 3 days or longer, to a position
within an institution to which this Act applies
from a position with the Federal Government or
the government of the District of Columbia,
shall be credited, for the purpose of the leave system
provided under regulations prescribed under this
section, in conformance with the requirements of
section 6308 of title 5, United States Code, with the
annual and sick leave to such individual's credit
immediately before the effective date of such election,
transfer, promotion, or reappointment, as the case may
be.
(B) Liquidation of remaining leave upon
termination.--
(i) Annual leave.--Upon termination of
employment with an institution to which this
Act applies, any annual leave remaining to the
credit of an individual within the purview of
this section shall be liquidated in accordance
with section 5551(a) and section 6306 of title
5, United States Code.
(ii) Sick leave.--Upon termination of
employment with an institution to which this
Act applies, any sick leave remaining to the
credit of an individual within the purview of
this section shall be creditable for civil
service retirement purposes in accordance with
section 8339(m) of title 5, United States Code,
except that leave earned or accrued under
regulations prescribed under this section shall
not be so creditable.
(C) Transfer of remaining leave upon transfer,
promotion, or reemployment.--In the case of an employee
of an institution to which this Act applies who is
transferred, promoted, or reappointed, without a break
in service of 3 days or longer, to a position in the
Federal Government (or the government of the District
of Columbia) under a different leave system, any leave
remaining to the credit of that individual which was
earned or credited under the regulations prescribed
under this section shall be transferred to such
individual's credit in the employing agency on an
adjusted basis in accordance with section 6308 of title
5, United States Code.
(4) Work-study.--Nothing in this section shall be
considered to apply with respect to a work-study student, as
defined by the president of the institution involved, in
writing.
SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.
The Secretary shall, to the maximum extent consistent with
applicable law and subject to the availability of appropriations
therefor, delegate to the president of each of the respective
institutions procurement and contracting authority with respect to the
conduct of the administrative functions of such institution.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to each of the respective
institutions for fiscal year 1998, and for each fiscal year
thereafter--
(1) the amount of funds made available by appropriations as
operations funding for the administration of such institution
for fiscal year 1997; and
(2) such additional sums as may be necessary for the
operation of such institution pursuant to this Act. | Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1997 - Provides that certain civil service laws relating to personnel management shall not apply to applicants for employment with, employees of, or positions in or under the Haskell Indian Nations University and the Southwestern Indian Polytechnic Institute. Directs the president of each of the respective institutions to prescribe by regulation alternative personnel management provisions. Disallows covering current employees except pursuant to a voluntary election.
Directs the Secretary of the Interior to delegate to the president of each of the respective institutions procurement authority with respect to the conduct of the administrative functions of the university.
Authorizes as appropriations to each of the respective institutions for FY 1998, and for each fiscal year thereafter: (1) the amount of funds made available by appropriations as operations funding for the administration of such institution for FY 1997; and (2) such additional sums as may be necessary for the operation of such institution pursuant to this Act. | {"src": "billsum_train", "title": "Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1997"} | 2,256 | 206 | 0.686952 | 2.08939 | 1.062764 | 5.865591 | 11.564516 | 0.930108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Guarantee Act of
1998''.
SEC. 2. ACCESS TO NEEDED PRESCRIPTION DRUGS.
(a) Group Health Plans.--
(1) Amendments to the public health service act.--
(A) In general.--Subpart 2 of part A of title XXVII
of the Public Health Service Act is amended by adding
at the end the following new section:
``SEC. 2706. ACCESS TO NEEDED PRESCRIPTION DRUGS.
``(a) Requirement.--If a group health plan, or health insurance
issuer that offers health insurance coverage in connection with a group
health plan, provides benefits with respect to prescription drugs but
the plan or coverage limits such benefits to (or provides more
favorable benefits with respect to) drugs included in a formulary, the
plan or issuer shall--
``(1) upon request, make available to the public in printed
form a description of the nature of any formulary restrictions;
and
``(2) provide for exceptions from the formulary
restrictions limitation when the plan or beneficiary's
physician, subject to reasonable review by the plan or issuer,
determines that a non-formulary alternative is medically
beneficial based on a therapeutic difference to the patient
involved.
``(b) Increase Copayments Permitted for Non-Formulary Drugs.--If a
participating physician prescribes a non-formulary alternative
prescription drug, a group health plan, or health insurance issuer may
increase the copayment rate for such alternative to twice the rate
applicable to comparable prescription drugs included in the formulary.
``(c) Coverage of Approved Drugs.--A group health plan (or health
insurance coverage offered in connection with such a plan) that
provides any coverage of prescription drugs shall not deny coverage of
such a drug if the use is included in the labeling authorized by the
application in effect for the drug pursuant to subsection (b) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act; or under
subsection (f) of such section, or an application approved under
section 515 of such Act.
``(d) Nondiscrimination.--A group health plan, or health insurance
issuer that offers health insurance coverage, shall not discriminate in
participation, reimbursement, or indemnification against a health
professional, who is acting within the scope of the health
professional's license or certification under applicable State law,
solely based on the extent, type, or pattern of prescription drugs.
``(e) Any Willing Pharmacist.--A group health plan, or health
insurance issuer that offers health insurance coverage, shall not
exclude a pharmacist from its network of providers if such pharmacist
is willing to enter into a contract with the plan or issuer to provide
drugs at the rate prescribed by the plan or issuer.
``(f) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(f) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Conforming amendment.--Section 2723(c) of such
Act (42 U.S.C. 300gg-23(c)) is amended by striking
``section 2704'' and inserting ``sections 2704 and
2706''.
(2) Amendments to the employee retirement income security
act of 1974.--
(A) In general.--Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the
following new section:
``SEC. 713. ACCESS TO NEEDED PRESCRIPTION DRUGS.
``(a) Requirement.--If a group health plan, or health insurance
issuer that offers health insurance coverage in connection with a group
health plan, provides benefits with respect to prescription drugs but
the plan or coverage limits such benefits to (or provides more
favorable benefits with respect to) drugs included in a formulary, the
plan or issuer shall--
``(1) upon request, make available to the public in printed
form a description of the nature of any formulary restrictions;
and
``(2) provide for exceptions from the formulary
restrictions limitation when the plan or beneficiary's
physician, subject to reasonable review by the plan or issuer,
determines that a non-formulary alternative is medically
beneficial based on a therapeutic difference to the patient
involved.
``(b) Increase Copayments Permitted for Non-Formulary Drugs.--If a
participating physician prescribes a non-formulary alternative
prescription drug, a group health plan, or health insurance issuer may
increase the co-payment rate for such alternative to twice the rate
applicable to comparable prescription drugs included in the formulary.
``(c) Coverage of Approved Drugs.--A group health plan (or health
insurance coverage offered in connection with such a plan) that
provides any coverage of prescription drugs shall not deny coverage of
such a drug if the use is included in the labeling authorized by the
application in effect for the drug pursuant to subsection (b) or (j) of
section 505 of the Federal Food, Drug, and Cosmetic Act; or under
subsection (f) of such section, or an application approved under
section 515 of such Act.
``(d) Nondiscrimination.--A group health plan, or health insurance
issuer that offers health insurance coverage, shall not discriminate in
participation, reimbursement, or indemnification against a health
professional, who is acting within the scope of the health
professional's license or certification under applicable State law,
solely based on the extent, type, or pattern of prescription drugs.
``(e) Any Willing Pharmacist.--A group health plan, or health
insurance issuer that offers health insurance coverage, shall not
exclude a pharmacist from its network of providers if such pharmacist
is willing to enter into a contract with the plan or issuer to provide
drugs at the rate prescribed by the plan or issuer.
``(f) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in section 102(a)(1),
for purposes of assuring notice of such requirements under the plan;
except that the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such modification
shall be provided by not later than 60 days after the first day of the
first plan year in which such requirements apply.''.
(B) Conforming and clerical amendments.--(i)
Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting
``sections 711 and 713''.
(ii) Section 732(a) of such Act (29 U.S.C.
1191a(a)) is amended by striking ``section 711'' and
inserting ``sections 711 and 713''.
(iii) The table of contents in section 1 of such
Act is amended by inserting after the item relating to
section 712 the following new item:
``Sec. 713. Access to needed prescription drugs.''.
(b) Individual Health Insurance.--
(1) In general.--Subpart 3 of part B of title XXVII of the
Public Health Service Act is amended by adding at the end the
following new section:
``SEC. 2752. ACCESS TO NEEDED PRESCRIPTION DRUGS.
``(a) In General.--The provisions of section 2706 shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(f) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Conforming amendment.--Section 2762(b)(2) of such Act
(42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section
2751'' and inserting ``sections 2751 and 2752''.
(d) Effective Dates.--
(1) Group market reforms.--
(A) In general.--The amendments made by subsection
(a) shall apply with respect to plan years beginning on
or after January 1, 1999.
(B) Special rule for collective bargaining
agreements.--In the case of a group health plan
maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or
more employers ratified before such date, the
amendments made by such subsections shall not apply to
plan years beginning before the later of--
(i) the date on which the last collective
bargaining agreements relating to the plan
terminates (determined without regard to any
extension thereof agreed to after the date of
enactment of this Act), or
(ii) January 1, 1999.
For purposes of clause (i), any plan amendment made
pursuant to a collective bargaining agreement relating
to the plan which amends the plan solely to conform to
any requirement added by such clause shall not be
treated as a termination of such collective bargaining
agreement.
(2) Individual market amendments.--The amendments made by
subsection (c) shall apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after January 1, 1999.
(e) Coordinated Regulations.--Section 104(1) of Health Insurance
Portability and Accountability Act of 1996 is amended by striking
``this subtitle (and the amendments made by this subtitle and section
401)'' and inserting ``the provisions of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974, the
provisions of parts A and C of title XXVII of the Public Health Service
Act, and chapter 100 of the Internal Revenue Code of 1986''. | Prescription Guarantee Act of 1998 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to require a group health plan, or a health insurance issuer offering coverage in connection with a group plan, if it covers prescription drugs but limits benefits to (or provides more favorable benefits for) drugs in a formulary, to: (1) make available to the public on request a description of the formulary restrictions; and (2) provide for restriction exceptions when the plan or beneficiary's physician, subject to reasonable plan or issuer review, determines that a non-formulary alternative is medically beneficial based on a therapeutic difference to the patient involved. Allows copayment doubling for nonformulary drugs. Prohibits a plan that provides prescription drug coverage from denying coverage of a drug if the use is included in the labeling authorized under specified provisions of the Federal Food, Drug, and Cosmetic Act. Prohibits a plan or issuer from discriminating against a health professional based on the extent, type, or pattern of prescription drugs. Prohibits a plan or issuer from excluding a pharmacist from its network if the pharmacist is willing to enter into a contract to provide drugs at the rate prescribed by the plan or issuer. Amends the Public Health Service Act to apply the above requirements to issuers offering coverage in the individual market.
Amends the Health Insurance Portability and Accountability Act of 1996 to modify requirements regarding coordination by the Secretaries of the Treasury, Health and Human Services, and Labor regarding regulations, rulings, interpretations, and policies relating to the Act. | {"src": "billsum_train", "title": "Prescription Guarantee Act of 1998"} | 2,312 | 355 | 0.699118 | 2.085885 | 0.819642 | 4.464883 | 6.729097 | 0.879599 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Specialty Crop and Value-Added
Agriculture Promotion Act''.
SEC. 2. ANNUAL GRANTS TO STATES TO SUPPORT SPECIALTY CROP PRODUCERS.
(a) Availability and Purpose of Grants.--Subject to the
appropriation of funds to carry out this section, the Secretary of
Agriculture shall make a grant each fiscal year under this section to
each State that submits an application requesting the grant for that
fiscal year. The grant funds shall be used by the State department of
agriculture solely to enhance the competitiveness of specialty crops
produced in that State. The application for a fiscal year shall be
submitted at such time and in such form as the Secretary prescribes.
(b) Grants Based on Value of Production.--The amount of the grant
for a fiscal year to a State under this section shall bear the same
ratio to the total amount appropriated pursuant to the authorization of
appropriations in subsection (e) for that fiscal year as the value of
specialty crop production in the State during the preceding calendar
year bears to the value of specialty crop production during that
calendar year in all States submitting applications for a grant for
that fiscal year.
(c) Grant Funds as Supplement to State Expenditures.--Grant funds
provided under this section shall supplement the expenditure of State
funds in support of specialty crops and specialty crop producers, and
shall not replace State funds.
(d) Definitions.--In this section:
(1) The term ``specialty crop'' means all agricultural
crops, except wheat, feed grains, oilseeds, cotton, rice,
peanuts, sugar, and tobacco.
(2) The term ``State'' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(3) The term ``State department of agriculture'' means the
agency, commission, or department of a State government
responsible for protecting and promoting agriculture within the
State.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $500,000,000 for fiscal year 2005 and
each fiscal year thereafter to make grants under this section.
SEC. 3. BLOCK GRANTS TO STATES FOR VALUE-ADDED AGRICULTURAL PRODUCT
MARKET DEVELOPMENT.
(a) In General.--Section 231(b) of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1621 note) is amended to read as follows:
``(b) Grant Program.--
``(1) Block grants to states.--
``(A) In general.--From amounts made available
under paragraph (6) for each fiscal year, the Secretary
shall provide to each State, subject to subparagraph
(B), a sum equal to--
``(i) the amount so made available;
multiplied by
``(ii)(I) the total value of the
agricultural commodities and products made in
the State during the preceding fiscal year;
divided by
``(II) the total value of the agricultural
commodities and products made in all of the
States during the preceding fiscal year.
``(B) Limitation.--The total amount that may be
provided to a State for a fiscal year under
subparagraph (A) shall not exceed $3,000,000.
``(2) Grants by states.--A State to which funds are
provided under paragraph (1) shall use the money to award
competitive grants--
``(A) to an eligible independent producer (as
determined by the State) of a value-added agricultural
product to assist the producer--
``(i) in developing a business plan for
viable marketing opportunities for the value-
added agricultural product; or
``(ii) in developing strategies that are
intended to create marketing opportunities for
the producer; and
``(B) to an eligible agricultural producer group,
farmer or rancher cooperative, or majority-controlled
producer-based business venture (as determined by the
State) to assist the entity--
``(i) in developing a business plan for
viable marketing opportunities in emerging
markets for a value-added agricultural product;
or
``(ii) in developing strategies that are
intended to create marketing opportunities in
emerging markets for the value-added
agricultural product.
``(3) Amount of grant.--
``(A) In general.--The total amount provided under
paragraph (2) to a grant recipient shall not exceed
$500,000.
``(B) Majority-controlled producer-based business
ventures.--The amount of grants provided by a State to
majority-controlled producer-based business ventures
under paragraph (2)(B) for a fiscal year may not exceed
10 percent of the amount of funds that are used by the
State to make grants for the fiscal year under
paragraph (2).
``(4) Grantee strategies.--A grantee under paragraph (2)
shall use the grant--
``(A) to develop a business plan or perform a
feasibility study to establish a viable marketing
opportunity for a value-added agricultural product; or
``(B) to provide capital to establish alliances or
business ventures that allow the producer of the value-
added agricultural product to better compete in
domestic or international markets.
``(5) Reports.--Within 90 days after the end of a fiscal
year for which funds are provided to a State under paragraph
(1), the State shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing how
the funds were used.
``(6) Funding.--On October 1 of each fiscal year, of the
funds of the Commodity Credit Corporation, the Secretary shall
make available to carry out this subsection $100,000,000, to
remain available until expended.
``(7) State defined.--In this subsection, the term `State'
means each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands. ''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2004.
SEC. 4. REIMBURSEMENT OF CERTIFICATION COSTS.
The Secretary of Agriculture shall establish a quality
standardization program for certification of farmers and processors
under quality assurance systems. The program--
(1) shall set standards for types of certifications that
qualify under the program;
(2) may provide for certification under programs such as
Good Agricultural Practices, Good Handling Practices, and Good
Manufacturing Practices programs;
(3) shall establish what certification-related expenses
shall qualify for reimbursement under the program; and
(4) shall provide that farmers and processors shall be
reimbursed for 50 percent of qualified expenses related to
accepted certifications.
SEC. 5. NATIONWIDE EXPANSION OF RISK MANAGEMENT AGENCY ADJUSTED GROSS
REVENUE INSURANCE PROGRAM.
(a) Expansion.--Section 523(e) of the Federal Crop Insurance Act (7
U.S.C. 1523(e)) is amended by adding at the end the following new
paragraph:
``(3) Permanent nationwide operation.--Effective beginning
with the 2005 reinsurance year, the Corporation shall carry out
the adjusted gross revenue insurance pilot program as a
permanent program under this Act and may expand the program to
cover any county in which crops are produced. To facilitate the
expansion of the program nationwide, the Corporation may grant
temporary premium subsidies for the purchase of a policy under
the program to producers whose farm operations are located in a
county that has a high level of specialty crop production and
has not had a high-level of participation in the purchase of
crop insurance coverage.''.
(b) Comptroller General Study.--The Comptroller General shall
conduct a study of the Federal crop insurance program to determine how
well the program serves specialty crop producers and to recommend such
changes as the Comptroller General considers appropriate to improve the
program for specialty crop producers.
SEC. 6. EXPANSION OF FRUIT AND VEGETABLE PROGRAM IN SCHOOL LUNCH
PROGRAMS.
The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended--
(1) in section 18, by striking subsection (g); and
(2) by inserting after section 18 the following new
section:
``SEC. 19. FRUIT AND VEGETABLE PROGRAM.
``(a) In General.--The Secretary shall make available to students
in not more than 100 schools in each State, and in elementary and
secondary schools on 1 Indian reservation, free fresh and dried fruits
and vegetables throughout the school day in 1 or more areas designated
by the school.
``(b) Priority in Allocation.--In selecting States to participate
in the program, the Secretary shall give priority to States that
produce large quantities of specialty crops.
``(c) Publicity.--A school participating in the program authorized
by this section shall publicize within the school the availability of
free fruits and vegetables under the program.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal years 2005 and 2006, $20,000,000 to carry out
this section.''. | Specialty Crop and Value-Added Agriculture Promotion Act - Directs the Secretary of Agriculture to make annual State grants (based upon value of production) to enhance specialty crop competitiveness. Stipulates that such grants shall supplement and not replace State funds.
Defines "specialty crop" as any crop other than wheat, feed grains, oilseeds, cotton, rice, peanuts, sugar, and tobacco.
Amends the Agricultural Risk Protection Act of 2000 to replace the agricultural marketing resource center pilot project with a State block grant program for value-added agricultural product market development.
Directs the Secretary to establish a quality standardization program for certification of farmers and processors under quality assurance systems, which shall include 50 percent reimbursement of participant certification costs.
Amends the Federal Crop Insurance Act to direct the Commodity Credit Corporation to carry out the adjusted gross revenue insurance pilot program as a permanent program. Authorizes the Corporation to: (1) expand the program to cover any county in which crops are produced; and (2) grant temporary policy subsidies for producers located in a county that has a high level of specialty crop production and has not had a high level of crop insurance coverage coverage.
Amends the Richard B. Russell National School Lunch Act to direct the Secretary to: (1) make available to students in not more than 100 schools in each State, and in elementary and secondary schools on one Indian reservation, free fresh and dried fruits and vegetables throughout the school day in one or more school-designated areas; and (2) give priority to States that produce large quantities of specialty crops. | {"src": "billsum_train", "title": "To support specialty crop producers and production in the United States, to improve the program of value-added agricultural product market development grants by routing the grant funds through State departments of agriculture, and for other purposes."} | 2,078 | 331 | 0.579302 | 1.616738 | 0.790827 | 4.700658 | 6.174342 | 0.930921 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Congress has responsibility under the Constitution for
international commerce.
(2) Congressional oversight of trade policy has often been
hampered by a lack of resources.
(3) The United States has entered into numerous trade
agreements with foreign trading partners, including bilateral,
regional, and multilateral agreements.
(4) Foreign country performance under certain agreements
has been less than contemplated, and in some cases rises to the
level of noncompliance.
(5) The credibility of, and support for, the United States
Government's trade policy is, to a significant extent, a
function of the belief that trade agreements made are trade
agreements enforced.
(6) The accession of the People's Republic of China to the
World Trade Organization will create unprecedented challenges
and it is important to the world trading system that China
comply with the numerous and significant commitments China
makes as part of the accession process. Congress must play a
key role in ensuring full and continuous monitoring of the
People's Republic of China's compliance with its commitments.
SEC. 2. ESTABLISHMENT OF OFFICE.
(a) In General.--There is established an office in Congress to be
known as the Congressional Trade Office (in this Act referred to as the
``Office'').
(b) Purposes.--The purposes of the Office are as follows:
(1) To reassert the constitutional responsibility of
Congress with respect to international trade.
(2) To provide Congress with additional independent,
nonpartisan, neutral trade expertise.
(3) To assist Congress in providing more effective and
active oversight of trade policy.
(4) To assist Congress in providing to the executive branch
more effective direction on trade policy.
(5) To provide Congress with long-term, institutional
memory on trade issues.
(6) To provide Congress with more analytical capability on
trade issues.
(7) To advise relevant committees on the impact of trade
negotiations, including past, ongoing, and future negotiations,
with respect to the areas of jurisdiction of the respective
committees.
(c) Functions.--The functions of the Office are as follows:
(1) Assistance to congress.--To provide the appropriate
committees of Congress or joint committees of Congress
information which will assist the committees in the discharge
of the matters within their jurisdiction.
(2) Monitor compliance.--To monitor compliance with major
bilateral, regional, and multilateral trade agreements by--
(A) consulting with the affected industries and
interested parties;
(B) analyzing the success of those agreements based
on the effect of the agreements on specific industries
and the economy;
(C) recommending actions, including legislative
action, necessary to ensure that foreign countries that
have made commitments through those agreements with the
United States fully abide by their commitments;
(D) annually assessing the extent to which those
agreements comply with environmental goals; and
(E) annually assessing the extent to which those
agreements comply with labor goals.
(3) Analyses.--
(A) In general.--To perform the following analyses:
(i) By not later than 60 days after the
date the national trade policy agenda is
delivered to Congress each year under section
163(a) of the Trade Act of 1974 (19 U.S.C.
2213(a)), to analyze that agenda, including
alternative goals, strategies, and tactics, as
appropriate.
(ii) By not later than 60 days after the
date the National Trade Estimate report is
delivered to Congress each year under section
181(b) of the Trade Act of 1974 (19 U.S.C.
2241(b)), to analyze the major outstanding
trade barriers based on cost to the United
States economy.
(iii) To analyze the overall trade balance
of the United States and the trade balances of
the United States with the major trading
partners of the United States.
(B) Analyses requested by committee.--To perform
analyses relating to trade as directed by any committee
which will assist the committee in the discharge of the
matters within the committee's jurisdiction, including,
but not limited to--
(i) analyzing proposed trade legislation;
(ii) analyzing proposed trade agreements,
including agreements that do not require
implementing legislation; and
(iii) analyzing the impact of the trade
policy and actions of the executive branch,
including assessing the decisions not to accept
unfair trade practices cases.
(4) Dispute settlement deliberations.--To perform the
following functions with respect to dispute resolution:
(A) Participate as observers on the United States
delegation at dispute settlement panel meetings of the
World Trade Organization.
(B) Evaluate the results obtained by the United
States in dispute settlement proceedings at the World
Trade Organization, under the North American Free Trade
Agreement, and under any trade agreement entered into
after the enactment of this Act, including the effect
of the outcome of the proceedings on specific
industries and the economy.
(5) Participation in trade negotiations.--To participate as
observers in bilateral, regional, and multilateral trade
negotiations.
(6) Other functions of the office.--
(A) To provide Congress with quarterly reports
regarding the activities of the Office.
(B) To be available for consultation with
congressional committees on trade-related legislation.
(C) To perform such other functions relating to
trade as the chairman and ranking member of the
Committee on Finance of the Senate and the chairman and
ranking member of the Committee on Ways and Means of
the House of Representatives may request.
(d) Additional Authorities.--In carrying out its functions, the
Office may--
(1) receive and review classified information and
participate in classified briefings in the same manner as the
staff of the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives;
and
(2) consult nongovernmental experts and use nongovernmental
resources.
(e) Director and Staff.--
(1) Director.--
(A) In general.--There shall be at the head of the
Office a Director. The Director shall be appointed by
the Speaker of the House of Representatives and the
President pro tempore of the Senate after considering
the recommendations of the chairman and ranking member
of the Committee on Finance of the Senate and the
chairman and ranking member of the Committee on Ways
and Means of the House of Representatives. The Director
shall be chosen without regard to political affiliation
and solely on the basis of the Director's expertise and
fitness to perform the duties of the Director.
(B) Term.--The term of office of the Director shall
be 5 years and the Director may be reappointed for
subsequent terms.
(C) Vacancy.--Any individual appointed as Director
to fill a vacancy occurring before the expiration of
the term for which the individual's predecessor was
appointed shall be appointed only for the remainder of
that term.
(D) Removal.--The Director may be removed by either
House of Congress by resolution.
(E) Compensation.--The Director shall receive
compensation at the annual rate of pay in effect for
level III of the Executive Schedule under section 5314
of title 5, United States Code.
(2) Staff.--
(A) In general.--The Director shall appoint and fix
the compensation of such personnel as may be necessary
to carry out the duties and functions of the Office.
All personnel shall be appointed without regard to
political affiliation and solely on the basis of their
fitness to perform their duties. The personnel of the
Office shall consist of individuals with expertise in
international trade, including expertise in economics,
trade law, various industrial sectors, and various
geographical regions.
(B) Benefits.--For purposes of pay (other than the
pay of the Director) and employment, benefits, rights,
and privileges, all personnel of the Office shall be
treated as if they were employees of the House of
Representatives.
(3) Experts and consultants.--In carrying out the duties
and functions of the Office, the Director may procure the
temporary (not to exceed 1 year) or intermittent services of
experts or consultants or organizations thereof by contract as
independent contractors, or, in the case of individual experts
or consultants, by employment at rates of pay not in excess of
the daily equivalent of the highest rate of basic pay payable
under the General Schedule under section 5332 of title 5,
United States Code.
(4) Relationship to executive branch.--The Director may
secure information, data, estimates, and statistics directly
from any department, agency, or establishment of the executive
branch of Government and any regulatory agency or commission of
the Government. All such departments, agencies, establishments,
and regulatory agencies and commissions shall furnish the
Director any available material which the Director determines
to be necessary in the performance of his or her duties and
functions (other than material the disclosure of which would be
a violation of law). The Director may, upon agreement with the
head of any such department, agency, establishment, or
regulatory agency or commission, use its services and
facilities with or without reimbursement; and the head of each
such department, agency, establishment, or regulatory agency or
commission may provide such services and facilities to the
Office.
(5) Relationship to other agencies of congress.--In
carrying out the duties and functions of the Office, and for
the purpose of coordinating the operations of the Office with
those of other congressional agencies in order to use most
effectively the information, services, and capabilities of all
such agencies in carrying out the responsibilities assigned to
each, the Director may obtain information, data, estimates, and
statistics developed by the Government Accountability Office,
the Library of Congress, and other offices of Congress, and
(upon agreement with them) may utilize their services and
facilities with or without reimbursement. The Comptroller
General, the Librarian of Congress, and the head of such other
offices of Congress are authorized to provide the Office with
the information, data, estimates, statistics, services, and
facilities referred to in the preceding sentence.
SEC. 3. PUBLIC ACCESS TO DATA.
(a) In General.--Except as provided in subsections (b) and (c), the
Director--
(1) shall post on an Office website all information, data,
estimates, and statistics obtained under this Act;
(2) shall make such information, data, estimates, and
statistics available for public copying during normal business
hours, subject to reasonable rules and regulations; and
(3) shall to the extent practicable, at the request of any
person, furnish a copy of any such information, data,
estimates, or statistics upon payment by such person of the
cost of making and furnishing such copy.
(b) Exceptions.--
(1) Basis for withholding information.--Information, data,
estimates, and statistics may be withheld from disclosure under
subsection (a) only to the extent that such information, data,
estimates, or statistics (as the case may be)--
(A) are specifically exempted from disclosure by
law; or
(B) as determined by the Director, will disclose--
(i) matters necessary to be kept secret in
the interests of national defense or the
confidential conduct of the foreign relations
of the United States;
(ii) information relating to trade secrets
or financial or commercial information
pertaining specifically to a given person if
the information has been obtained by the
Government on a confidential basis, other than
through an application by such person for a
specific financial or other benefit, and is
required to be kept secret in order to prevent
undue injury to the competitive position of
such person; or
(iii) personnel or medical data or similar
data the disclosure of which would constitute a
clearly unwarranted invasion of personal
privacy.
(2) Notice of withheld information.--The Director shall
provide notice to the public of each instance in which
information has been withheld from disclosure under paragraph
(1), including a description of the information, and shall
provide an opportunity for the public to petition the Director
to reconsider the determination to withhold disclosure of the
information.
(c) Information Obtained for Committees and Members.--Subsection
(a) of this section shall apply to any information, data, estimates,
and statistics obtained at the request of any committee, joint
committee, or Member except to the extent that such committee, joint
committee, or Member has instructed the Director not to make such
information, data, estimates, or statistics available for public
copying.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Office for each
fiscal year such sums as may be necessary to enable the Office to carry
out its duties and functions. Until sums are first appropriated
pursuant to the preceding sentence, for a period not to exceed 12
months following the effective date of this section, the expenses of
the Office shall be paid from the contingent fund of the Senate, in
accordance with the provisions of the paragraph relating to contingent
funds under the heading ``UNDER LEGISLATIVE'' in the Act of October 2,
1888 (25 Stat. 546; 2 U.S.C. 68), and upon vouchers approved by the
Director. | Establishes the Congressional Trade Office to advise Congress on trade policy. | {"src": "billsum_train", "title": "To establish a Congressional Trade Office."} | 2,746 | 16 | 0.519682 | 1.244328 | 0.266508 | 3.083333 | 225.416667 | 0.916667 |
SECTION 1. APPLICATION OF SECTION 355 TO DISTRIBUTIONS FOLLOWED BY
ACQUISITIONS AND TO INTRAGROUP TRANSACTIONS.
(a) Distributions Followed by Acquisitions.--Section 355 of the
Internal Revenue Code of 1986 (relating to distribution of stock and
securities of a controlled corporation) is amended by adding at the end
the following new subsection:
``(e) Recognition of Gain Where Certain Distributions of Stock or
Securities Are Followed by Acquisition.--
``(1) General rule.--If there is a distribution to which
this subsection applies, the following rules shall apply:
``(A) Acquisition of controlled corporation.--If
there is an acquisition described in paragraph
(2)(A)(ii) with respect to any controlled corporation
(or any successor thereof), any stock or securities in
the controlled corporation shall not be treated as
qualified property for purposes of subsection (c)(2) of
this section or section 361(c)(2).
``(B) Acquisition of distributing corporation.--If
there is an acquisition described in paragraph
(2)(A)(ii) with respect to the distributing corporation
(or any successor thereof), the controlled corporation
shall recognize gain in an amount equal to the amount
of net gain which would be recognized if all the assets
of the distributing corporation (immediately after the
distribution) were sold (at such time) for fair market
value. Any gain recognized under the preceding sentence
shall be treated as long-term capital gain and shall be
taken into account for the taxable year which includes
the day after the date of such distribution.
``(2) Distributions to which subsection applies.--
``(A) In general.--This subsection shall apply to
any distribution--
``(i) to which this section (or so much of
section 356 as relates to this section)
applies, and
``(ii) which is part of a plan (or series
of related transactions) pursuant to which a
person acquires stock representing a 50-percent
or greater interest in the distributing
corporation or any controlled corporation (or
any successor of either).
``(B) Plan presumed to exist in certain cases.--If
a person acquires stock representing a 50-percent or
greater interest in the distributing corporation or any
controlled corporation (or any successor of either)
during the 4-year period beginning on the date which is
2 years before the date of the distribution, such
acquisition shall be treated as pursuant to a plan
described in subparagraph (A)(ii) unless it is
established that the distribution and the acquisition
are not pursuant to a plan or series of related
transactions.
``(C) Certain acquisitions not taken into
account.--If--
``(i) a person acquires stock in any
controlled corporation by reason of holding
stock in the distributing corporation, and
``(ii) such person did not acquire the
stock in the distributing corporation pursuant
to a plan described in subparagraph (A)(ii),
the acquisition described in clause (i) shall not be
taken into account for purposes of subparagraph (A)(ii)
or (B).
``(D) Coordination with subsection (d).--This
subsection shall not apply to any distribution to which
subsection (d) applies.
``(3) Definition and special rules.--For purposes of this
subsection--
``(A) 50-percent or greater interest.--The term
`50-percent or greater interest' has the meaning given
such term by subsection (d)(4).
``(B) Distributions in title 11 or similar case.--
Paragraph (1) shall not apply to any distribution made
in a title 11 or similar case (as defined in section
368(a)(3)).
``(C) Aggregation and attribution rules.--
``(i) Aggregation.--The rules of paragraph
(7) of subsection (d) shall apply.
``(ii) Attribution.--Section 318(a)(2)
shall apply in determining whether a person
holds stock or securities in any corporation.
Except as provided in regulations, section
318(a)(2)(C) shall be applied without regard to
the phrase `50 percent or more in value' for
purposes of the preceding sentence.
``(D) Statute of limitations.--If there is an
acquisition to which paragraph (1) (A) or (B) applies--
``(i) the statutory period for the
assessment of any deficiency attributable to
any part of the gain recognized under this
subsection by reason of such acquisition shall
not expire before the expiration of 3 years
from the date the Secretary is notified by the
taxpayer (in such manner as the Secretary may
by regulations prescribe) that such acquisition
occurred, and
``(ii) such deficiency may be assessed
before the expiration of such 3-year period
notwithstanding the provisions of any other law
or rule of law which would otherwise prevent
such assessment.
``(4) Regulations.--The Secretary shall prescribe such
regulations as may be necessary to carry out the purposes of
this subsection, including regulations--
``(A) providing for the application of this
subsection where there is more than 1 controlled
corporation,
``(B) treating 2 or more distributions as 1
distribution where necessary to prevent the avoidance
of such purposes, and
``(C) providing for the application of rules
similar to the rules of subsection (d)(6) where
appropriate for purposes of paragraph (2)(B).''
(b) Section 355 Not To Apply to Certain Intragroup Transactions.--
Section 355 of the Internal Revenue Code of 1986, as amended by
subsection (a), is amended by adding at the end the following new
subsection:
``(f) Section Not To Apply to Certain Intragroup Transactions.--
Except as provided in regulations, this section shall not apply to the
distribution of stock from 1 member of an affiliated group filing a
consolidated return to another member of such group, and the Secretary
shall provide proper adjustments for the treatment of such
distribution, including (if necessary) adjustments to--
``(1) the adjusted basis of any stock which--
``(A) is in a corporation which is a member of such
group, and
``(B) is held by another member of such group, and
``(2) the earnings and profits of any member of such
group.''
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to distributions after April 16, 1997.
(2) Transition rule for distributions followed by
acquisitions.--The amendments made by subsection (a) shall not
apply to any distribution after April 16, 1997, if such
distribution is--
(A) made pursuant to a written agreement which was
(subject to customary conditions) binding on such date
and at all times thereafter,
(B) described in a ruling request submitted to the
Internal Revenue Service on or before such date, or
(C) described on or before such date in a public
announcement or in a filing with the Securities and
Exchange Commission required solely by reason of the
distribution.
This paragraph shall not apply to any written agreement, ruling
request, or public announcement or filing unless it identifies
the acquirer of the distributing corporation or any controlled
corporation, whichever is applicable. | Amends the Internal Revenue Code to regulate the recognition of gain when there is a distribution of stock or securities that is part of a plan (or series of related transactions) pursuant to which a person acquires stock representing a 50 percent or greater interest in the distributing corporation or any controlled corporation (or any successor of either). Presumes the existence of such a plan in certain circumstances (unless disproved). | {"src": "billsum_train", "title": "To amend section 355 of the Internal Revenue Code of 1986 to prevent the avoidance of corporate tax on prearranged sales of corporate stock, and for other purposes."} | 1,602 | 93 | 0.553413 | 1.455863 | 1.365806 | 4.696203 | 18.696203 | 0.898734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Nuclear Waste Protection and
Responsible Compensation Act''.
SEC. 2. PURPOSE.
The purposes of this Act are to--
(1) ensure the permanent program for disposition of spent
nuclear fuel and high-level radioactive waste continues with
adequate political support and funding;
(2) ensure the continued safety of on-site storage of spent
nuclear fuel and high-level radioactive waste by expanding both
State and local governments rights to ensure citizens and local
communities are protected;
(3) ensure the Federal government's obligation for
disposition of spent nuclear fuel and high-level radioactive
waste is met without spending taxpayer funds;
(4) ensure the continued safety of on-site storage of spent
nuclear fuel and high-level radioactive waste by ensuring
complete funding; and
(5) ensure that spent nuclear fuel and high-level
radioactive waste at shutdown nuclear reactors is removed first
once the permanent disposition program is licensed.
SEC. 3. PROTECTING THE SEARCH FOR A LONG-TERM
OPTION.
No commercial spent nuclear fuel and high-level radioactive waste
shall be transported offsite for away-from reactor storage until a
final license for a permanent disposition program is issued by the
Nuclear Regulatory Commission.
SEC. 4. STATE AND LOCAL GOVERNMENT AUTHORITY TO IMPROVE THE SAFETY OF
ON-SITE STORAGE.
State and local governments may negotiate with utilities to provide
additional protections above the current Federal minimum standards that
ensure citizens and local communities are adequately protected from
spent nuclear fuel and high-level radioactive waste.
SEC. 5. COMPENSATION FOR CONTINUED ON-SITE
STORAGE.
(a) Nuclear Waste Escrow Account.--Each nuclear power utility
shall, beginning in fiscal year 2000, retain the amount the utility
would be required to pay into the Nuclear Waste Fund and deposit it
into an account in a financial institution of the utilities choice. For
purposes of this section the account shall be referred to as the
``Nuclear Waste Escrow Account''.
(1) Account collection.--The Secretary of Energy shall
collect the entire balance of the Nuclear Waste Escrow Account
from each nuclear power utility on September 30, 2004, and
again on September 30, 2009, and deposit the funds in the
Nuclear Waste Fund. The Secretary of Energy retains future
rights to each Nuclear Waste Escrow Account beyond September
30, 2009 and shall collect such Accounts when the current
Nuclear Waste Fund is lacking sufficient funds to continue the
search for long-term permanent disposition of spent nuclear
fuel and high-level radioactive waste.
(2) Investment.--Each Nuclear Waste Escrow Account account
shall be invested by the nuclear power utilities which
established it to earn market rates of return. Any interest
collected above the Treasury interest rate shall be placed into
a Utility On-site Compensation Fund described in subsection
(b).
(3) Assurance of funds.--Each nuclear power utility shall
manage its Nuclear Waste Escrow Account in accordance with the
requirements of the regulations published at 10 C.F.R. 50.75
relating to assurances provided to the Nuclear Regulatory
Commission that funds will be available for decommissioning.
(b) On-Site Compensation Fund.--Each nuclear power utility which
established a Nuclear Waste Escrow Account shall establish the Utility
On-site Compensation Fund referred to in subsection (a)(2). Such fund
shall be available to the utility with the following conditions:
(1) Fund use.--The fund shall be used for the on-site
storage of spent nuclear fuel and high-level radioactive waste
that should have been accepted by the Secretary of Energy under
Article VI B of the Standard Contract (10 CFR Part 961).
(2) Amounts remaining.--Any amounts remaining in the fund
after expenditures under paragraph (1) shall be paid to the
Secretary for the Shutdown Reactor Fund established by the
Secretary under subsection (c).
(c) Shutdown Reactor Fund.--
(1) Federal shutdown reactor fund.--The Secretary shall
establish the Federal Shutdown Reactor Fund in which amounts
paid to the Secretary under subsection (b)(2) shall be
deposited.
(2) Utility shutdown reactor fund.--A nuclear power utility
which has been shut down shall establish a Utility Shutdown
Reactor Fund. The Secretary shall pay to each fund an amount
from the Federal Shutdown Reactor Fund to enable the fund to be
available to pay the costs of on-site storage of spent nuclear
fuel and high-level radioactive waste at the shutdown reactor.
SEC. 6. PRIORITY FOR SHUTDOWN REACTOR WASTE.
The current spent nuclear fuel and high-level radioactive waste
queue as defined in the Standard Contract (10 C.F.R. 961) shall be
adjusted to place all spent nuclear fuel and high-level radioactive
waste at shutdown nuclear reactors first in the queue.
SEC. 7. DEFINITION.
As used in this Act spent nuclear fuel and high-level radioactive
waste shall be considered non-defense wastes. | Nuclear Waste Protection and Responsible Compensation Act - Prohibits commercial spent nuclear fuel and high-level radioactive waste (fuel and waste) from being transported offsite for away-from-reactor storage until a final license for a permanent disposition program is issued by the Nuclear Regulatory Commission.
Authorizes State and local governments to negotiate with nuclear reactor utilities (utilities) to provide additional protections above the current Federal minimum standards to ensure that citizens and local communities are adequately protected from fuel and waste.
Requires each utility, beginning in FY 2000, to retain the amount such utility would be required to pay into the Nuclear Waste Fund and deposit such amount into a nuclear waste escrow account. Requires such funds to be collected by the Secretary of Energy from each utility in September of 2004 and 2009, and deposited into such Fund. Requires interest collected on the escrow accounts to be deposited into a Utility On-site Compensation Fund, to be used for the on-site storage of fuel and waste that should have been accepted by the Secretary. Requires the Secretary to establish the Federal Shutdown Reactor Fund for reactor shutdowns. Requires a utility which has been shut down to establish a Utility Shutdown Reactor Fund for the costs of on-site storage of fuel and waste at the shut down reactor.
Adjusts the current priority for reactor fuel and waste to place first in such priority all fuel and waste at shut down nuclear reactors.
Provides that such fuel and waste shall be considered to be non-defense wastes under this Act. | {"src": "billsum_train", "title": "Nuclear Waste Protection and Responsible Compensation Act"} | 1,071 | 339 | 0.716333 | 2.093648 | 0.818982 | 4.054422 | 3.397959 | 0.945578 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Historic Preservation Act
Amendments of 2006''.
SEC. 2. HISTORIC PRESERVATION OFFICER RESPONSIBILITIES.
Section 101(b) of the National Historic Preservation Act (16 U.S.C.
470a(b)) is amended by adding at the end the following:
``(7) The State Historic Preservation Officer shall have no
authority to require an applicant for Federal assistance,
permit, or license to identify historic properties outside the
undertaking's area of potential effects as determined by the
Federal agency in accordance with the regulations implementing
section 106.
``(8) If the State Historic Preservation Officer, Tribal
representative, or Tribal Historic Preservation Officer fails
to respond within 30 days after an adequately documented
finding of `no historic properties affected' or `no adverse
effect' as provided in the regulations implementing section
106, the Federal agency may assume that the State Historic
Preservation Officer or Tribal Historic Preservation Officer
has no objection to the finding.''.
SEC. 3. ADDITIONAL CRITERIA FOR CERTIFICATION OF LOCAL GOVERNMENTS TO
CARRY OUT NATIONAL HISTORIC PRESERVATION ACT.
Section 101(c)(1) of the National Historic Preservation Act (16
U.S.C. 470a(c)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by redesignating subparagraph (E) as subparagraph (F);
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) agrees that it shall not use any eligibility
determination regarding the inclusion of any property
or District on the National Register to initiate local
regulatory requirements unless the entity provides full
due process protection to the owner or owners of the
property or District through a hearing process; and'';
and
(4) in the matter below the subparagraphs, by striking
``through (E)'' and inserting ``through (F)''.
SEC. 4. HISTORIC PRESERVATION FUND.
Section 108 of the National Historic Preservation Act (16 U.S.C.
470h) is amended by striking ``2005'' and inserting ``2015''.
SEC. 5. ADVISORY COUNCIL ON HISTORIC PRESERVATION.
(a) Membership.--Section 201 of the national historic preservation
act (16 U.S.C. 470i) is amended--
(1) in subsection (a)(4), by striking ``four'' and
inserting ``seven'';
(2) in subsection (b), by striking ``(5) and (6)'' and
inserting ``paragraph (6)''; and
(3) in subsection (f), by striking ``Nine'' and inserting
``Eleven''.
(b) Financial and Administrative Services.--Section 205(f) of such
Act (16 U.S.C. 470m(f)) is amended to read as follows:
``(f) Financial and administrative services (including those
related to budgeting, accounting, financial reporting, personnel and
procurement) shall be provided the Council by the Department of the
Interior or, at the discretion of the Council, such other agency or
private entity that reaches an agreement with the Council, for which
payments shall be made in advance or by reimbursement from funds of the
Council in such amounts as may be agreed upon by the Chairman of the
Council and the head of the agency or, in the case of a private entity,
the authorized representative of the private entity that will provide
the services. When a Federal agency affords such services, the
regulations of that agency for the collection of indebtedness of
personnel resulting from erroneous payments, prescribed under section
5514(b) of title 5, United States Code, shall apply to the collection
of erroneous payments made to or on behalf of a Council employee, and
regulations of that agency for the administrative control of funds
under sections 1513(d) and 1514 of title 31, United States Code, shall
apply to appropriations of the Council. The Council shall not be
required to prescribe such regulations.''.
(c) Authorization of Appropriations.--Section 212(a) of the Act (16
U.S.C. 470t(a)) is amended by striking ``for purposes of this title not
to exceed $4,000,000 for each fiscal year 1997 through 2005'' and
inserting ``such amounts as may be necessary to carry out this title''.
SEC. 6. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS IN
MEETING PURPOSES AND POLICIES OF THE NATIONAL HISTORIC
PRESERVATION ACT.
The National Historic Preservation Act is amended by inserting
after section 215 (16 U.S.C. 470v-1) the following new section:
``SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND ASSISTANCE PROGRAMS.
``(a) Cooperative Agreements.--The Council may enter into a
cooperative agreement with any Federal agency that administers a grant
or assistance program for the purpose of improving the effectiveness of
the administration of such program in meeting the purposes and policies
of this Act. Such cooperative agreements may include provisions that
modify the selection criteria for a grant or assistance program to
further the purposes of this Act or that allow the Council to
participate in the selection of recipients, if such provisions are not
inconsistent with the statutory authorization and purpose of the grant
or assistance program.
``(b) Review of Grant and Assistance Programs.--The council may--
``(1) review the operation of any Federal grant or
assistance program to evaluate the effectiveness of such
program in meeting the purposes and policies of this Act;
``(2) make recommendations to the head of the Federal
agency that administers such program to further the consistency
of the program with the purposes and policies of this Act and
to improve its effectiveness in carrying out those purposes and
policies; and
``(3) make recommendations to the President and the
Congress regarding the effectiveness of Federal grant and
assistance programs in meeting the purposes and policies of
this Act, including recommendations with regard to appropriate
funding levels.''.
Passed the House of Representatives September 25, 2006.
Attest:
KAREN L. HAAS,
Clerk. | National Historic Preservation Act Amendments of 2006 - Amends the National Historic Preservation Act (NHPA) to prohibit a State Historic Preservation Officer from having any authority to require an applicant for federal assistance, permit, or license to identify historic properties outside the undertaking's area of potential effects.
Declares that, if the State Historic Preservation Officer, Tribal representative, or Tribal Historic Preservation Officer fails to respond within 30 days after an adequately documented finding of either "no historic properties affected" or "no adverse effect," the federal agency may assume that the State Historic Preservation Officer or Tribal Historic Preservation Officer has no objection to the finding.
Specifies additional criteria for certification of local governments to implement the NHPA.
Extends through FY2015 the period of funding for the Historic Preservation Fund.
Expands: (1) from five to eight the number of federal agencies on the Advisory Council on Historic Preservation (Council); and (2) from nine to eleven the number of Council members constituting a quorum. Permits the Governor serving on the Council to designate a substitute to serve in such Governor's capacity on the Council.
Grants the Council discretion to reach an agreement with any federal agency other than the Department of the Interior, or with a private entity, to provide the Council with financial and administrative services.
Authorizes the Council to enter into cooperative agreements with any federal agency that administers a grant or assistance program for the purpose of improving the effectiveness of program administration.
Permits such cooperative agreements to: (1) modify the selection criteria for a grant or assistance program to further NHPA purposes; or (2) allow the Council to participate in the selection of recipients.
Authorizes the Council to: (1) review the operation of any federal grant or assistance program to evaluate its effectiveness in meeting NHPA purposes and policies; (2) make recommendations to the head of the federal agency that administers such program to further the consistency of the program with NHPA purposes and policies and to improve its effectiveness in carrying out such purposes and policies; and (3) make recommendations to the President and Congress regarding the effectiveness of federal grant and assistance programs in meeting those purposes and policies, including recommendations with regard to appropriate funding levels. | {"src": "billsum_train", "title": "To amend the National Historic Preservation Act, and for other purposes."} | 1,412 | 460 | 0.525919 | 1.734544 | 0.78074 | 4.876457 | 2.853147 | 0.899767 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing Efficiency
and Retraining Investment Collaboration Achievement Works Act'' or the
``AMERICA Works Act''.
SEC. 2. INDUSTRY-RECOGNIZED AND NATIONALLY PORTABLE CREDENTIALS FOR JOB
TRAINING PROGRAMS.
(a) Workforce Investment Act of 1998.--
(1) General employment and training activities.--Section
134(d)(4)(F) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(d)(4)(F)) is amended by adding at the end the following:
``(iv) Priority for programs that provide
an industry-recognized and nationally portable
credential.--In selecting and approving
training services, or programs of training
services, under this section, a one-stop
operator and employees of a one-stop center
referred to in subsection (c) shall give
priority consideration to services and programs
(approved by the appropriate State agency and
local board in conjunction with section 122)
that lead to a credential that is in demand in
the local area served and listed in the
registry described in section 3(b) of the
AMERICA Works Act.''.
(2) Youth activities.--Section 129(c)(1)(C) of the
Workforce Investment Act of 1998 (29 U.S.C. 2854(c)(1)(C)) is
amended--
(A) by redesignating clauses (ii) through (iv) as
clauses (iii) through (v), respectively; and
(B) inserting after clause (i) the following:
``(ii) training (with priority
consideration given to programs that lead to a
credential that is in demand in the local area
served and listed in the registry described in
section 3(b) of the AMERICA Works Act, if the
local board determines that such programs are
available and appropriate);''.
(b) Career and Technical Education.--
(1) State plan.--Section 122(c)(1)(B) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2342(c)(1)(B)) is amended by striking the semicolon at the end
and inserting the following: ``and, with respect to programs of
study leading to an industry-recognized credential or
certificate, will give priority consideration to programs of
study that--
``(i) lead to an appropriate (as determined
by the eligible agency) skills credential
(which may be a certificate) that is in demand
in the area served and listed in the registry
described in section 3(b) of the AMERICA Works
Act; and
``(ii) may provide a basis for additional
credentials, certificates, or degrees;''.
(2) Use of local funds.--Section 134(b) of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2354(b)) is amended--
(A) in paragraph (11), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (12)(B), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(13) describe the career and technical education
activities supporting the attainment of industry-recognized
credentials or certificates, and how the eligible recipient, in
selecting such activities, gave priority consideration to
activities supporting in-demand registry skill credentials
described in section 122(c)(1)(B)(i).''.
(3) Tech-prep programs.--Section 203(c)(2)(E) of the Carl
D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2373(c)(2)(E)) is amended by striking ``industry-
recognized credential, a certificate,'' and inserting
``industry-recognized credential or certificate (such as an in-
demand registry skill credential described in section
122(c)(1)(B)(i)),''.
(c) Training Programs Under TAA.--Section 236(a)(5) of the Trade
Act of 1974 (19 U.S.C. 2296(a)(5)) is amended by inserting after the
sentence that follows subparagraph (H)(ii) the following: ``In
approving training programs under paragraph (1), the Secretary shall
give priority consideration to programs that lead to a credential that
is in demand in the local area (defined for purposes of title I of the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)) served by
the corresponding one-stop delivery system under that title for the
training programs, and that is listed in the registry described in
section 3(b) of the AMERICA Works Act.''.
SEC. 3. SKILL CREDENTIAL REGISTRY.
(a) Definitions.--In this section:
(1) Covered provision.--The term ``covered provision''
means any of sections 129 and 134 of the Workforce Investment
Act of 1998 (29 U.S.C. 2854, 2864), section 122(c)(1)(B) of the
Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2342(c)(1)(B)), and section 236 of the Trade Act of 1974
(19 U.S.C. 2296).
(2) Industry-recognized.--The term ``industry-recognized'',
used with respect to a credential, means a credential that--
(A) is sought or accepted by companies within the
industry sector involved as recognized, preferred, or
required for recruitment, screening, or hiring; and
(B) is endorsed by a nationally recognized trade
association or organization representing a significant
part of the industry sector.
(3) Nationally portable.--The term ``nationally portable'',
used with respect to a credential, means a credential that is
sought or accepted by companies within the industry sector
involved, across multiple States, as recognized, preferred, or
required for recruitment, screening, or hiring.
(4) Workforce investment activities.--The term ``workforce
investment activities'' has the meaning given the term in
section 101 of the Workforce Investment Act of 1998 (29 U.S.C.
2801).
(b) Registry.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Labor (referred to in
this section as the ``Secretary'') shall create a registry of
skill credentials (which may be certificates), for purposes of
enabling programs that lead to such a credential to receive
priority under a covered provision.
(2) Registry.--The Secretary shall--
(A) list a credential in the registry if the
credential is--
(i) required by Federal law for an
occupation; or
(ii) required by State law for an
occupation (such as a credential required by
State law regarding qualifications for a health
care occupation) and submitted to the Secretary
by a State or appropriate entities within a
State pursuant to a request made by the
Secretary, no less frequently than biennially,
for the identification of such a credential;
(B) list the credential in the registry if the
credential is a credential from the Manufacturing
Institute-Endorsed Manufacturing Skills Certification
System; and
(C) list the credential, and list an updated
credential, in the registry if the credential involved
is an industry-recognized, nationally portable
credential that is consistent with the Secretary's
established industry competency models and is
consistently updated to reflect changing industry
competencies.
(c) Rule of Construction.--Nothing in this Act shall be construed
to require an entity with responsibility for selecting or approving an
education, training, or workforce investment activities program with
regard to a covered provision, to select a program with a credential
listed in the registry described in subsection (b).
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, take effect 120 days
after the date of enactment of this Act. | American Manufacturing Efficiency and Retraining Investment Collaboration Achievement Works Act or AMERICA Works Act - Amends the Workforce Investment Act of 1998, with respect to statewide and local adult and youth workforce investment employment and training programs, to require a one-stop delivery system, in selecting and approving training services, or programs of training services, to give priority consideration to state- and local board-approved services and programs that lead to an industry-recognized and nationally portable credential that is in demand in the local area served and listed in the skill credential registry created under this Act.
Amends the Carl D. Perkins Career and Technical Education Act of 2006 and the Trade Act of 1974 to require the same priority consideration in the state and local plans for career and technical education programs as well as in tech prep programs and trade adjustment assistance (TAA) programs.
Requires that funds allocated for local area youth activities be used, in part, for training programs, giving priority consideration to those that lead to a registry-listed credential in high demand in the local area served.
Requires the Secretary of Labor to: (1) create a registry of skill credentials; and (2) list in the registry credentials that are required by federal or state law for an occupation, are from the Manufacturing Institute-Endorsed Manufacturing Skills Certification System, and are industry-recognized and nationally portable credentials consistent with established industry competency models as well as consistently updated to reflect changing industry competencies. | {"src": "billsum_train", "title": "A bill to require that certain Federal job training and career education programs give priority to programs that provide an industry-recognized and nationally portable credential."} | 1,866 | 313 | 0.706736 | 2.298836 | 0.968415 | 3.379928 | 5.494624 | 0.928315 |
PROGRAM.
(a) Waiver of Existing Grazing Permit or Lease.--A permittee or
lessee may waive to the Secretary, at any time, a valid existing
grazing permit or lease authorizing commercial livestock grazing on
Federal lands.
(b) Cancellation of Waived Grazing Permit or Lease.--The Secretary
shall cancel grazing permits and leases waived under this section and
permanently retire the associated grazing allotments from commercial
livestock grazing, notwithstanding any other provision of law.
(c) Waiver Priority.--If funds available to the Secretary to carry
out this Act are insufficient to meet all of the offers submitted to
the Secretary for the waiver of grazing permits and leases, the
Secretary shall give priority to the waiver of grazing permits and
leases that authorize commercial livestock grazing on the following
Federal lands:
(1) A unit of the National Wilderness Preservation System.
(2) A unit of the National Wild and Scenic River System.
(3) A unit of the National Park System.
(4) A unit of the National Wildlife Refuge System.
(5) A grazing allotment that includes a trail in the
National Trails System.
(6) A unit of the National Landscape Conservation System.
(7) Any designated critical habitat for a species listed
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(8) A designated wilderness study area.
(9) Roadless and undeveloped areas identified in Forest
Service, Roadless Area Conservation EIS, vol. 2 (Nov. 2000).
(10) An area of critical environmental concern designated
by the Bureau of Land Management.
(11) A designated Research Natural Area.
(12) A grazing allotment that includes a water-quality-
limited stream identified by a State pursuant to section 303(d)
of the Federal Water Pollution Control Act (33 U.S.C. 1313(d)).
(13) A grazing allotment that includes a stream segment
identified for study under section 5(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1276(a)).
(14) A grazing allotment that includes a stream segment
identified by the Secretary under section 5(d)(1) of the Wild
and Scenic Rivers Act (16 U.S.C. 1276(d)(1)).
(15) A grazing allotment featuring other scientific,
ecological, scenic, watershed, or recreation values, as
determined by the Secretary.
(d) Relation to Other Authority.--Nothing in this Act shall be
construed to affect the ability of a permittee or lessee to renew or
transfer a grazing permit or lease as provided by law.
(e) Relation to Eminent Domain.--Nothing in this Act shall be
construed to authorize the use of eminent domain for the purpose of
acquiring a grazing permit or lease.
SEC. 5. COMPENSATION FOR WAIVED GRAZING PERMIT OR LEASE.
(a) Compensation Required.--A permittee or lessee who waives a
grazing permit or lease (other than an ephemeral grazing permit or
lease) under section 4(a) shall be compensated at a rate of $175 per
animal unit month based on the average of the highest three years of
authorized animal unit months out of the last 10 years authorized to
the permittee or lessee or the predecessors of the permittee or lessee.
In the case of an ephemeral grazing permit or lease, the permittee or
lessee shall be compensated for the average over the last 10 years of
the actual animal unit months of grazing use.
(b) Grazing Fees in Arrears.--If a permittee or lessee is in
arrears of Federal grazing fees, the amount of fees in arrears shall be
deducted from the amount of compensation otherwise due the permittee or
lessee under this section.
(c) Waiver of Certain Permits or Leases Prohibited.--A permittee or
lessee who seeks to waive a grazing permit or lease under section 4(a)
for a grazing allotment for which no valid grazing permit or lease
exists as of the date of the introduction of this Act shall not be
eligible for compensation under this section.
(d) Relation to Other Authority.--Nothing in this Act shall be
construed to affect the Secretary's authority to otherwise modify or
terminate grazing permits or leases without compensation. Compensation
disbursed pursuant to this section shall not create a property right in
grazing permits or leases.
SEC. 6. DONATION OF GRAZING PERMIT OR LEASE.
(a) Donation Authorized.--A permittee or lessee may at any time
waive a claim to compensation in whole or in part under section 5 and
donate to the Secretary a valid existing grazing permit or lease
authorizing commercial livestock grazing on Federal lands.
(b) Acceptance of Other Compensation.--A permittee or lessee may
accept compensation from private or other sources in lieu of, or in
addition to, receiving compensation under section 5.
(c) Cancellation of Donated Permits and Leases.--The Secretary
shall cancel grazing permits or leases donated under this section and
permanently retire the associated grazing allotments from commercial
livestock grazing.
SEC. 7. EFFECT OF WAIVER OR DONATION OF GRAZING PERMIT OR LEASE.
(a) Effect on Range Developments.--A permittee or lessee who waives
a grazing permit or lease to the Secretary under section 4 and receives
compensation under section 5, or donates a grazing permit or lease
under section 6, shall be deemed to have waived any claim to all range
developments on the associated grazing allotments, notwithstanding any
other provision of law.
(b) Securing Retired Allotments Against Unauthorized Use.--The
Secretary shall ensure that grazing allotments retired from grazing
under this Act are rendered reasonably secure from trespass grazing by
domestic livestock.
(c) Relation to Other Valid Existing Rights.--Nothing in this Act
affects the allocation, ownership, interest, or control, in existence
on the date of enactment of this Act, of any water, water right, or any
other valid existing right held by the United States, Indian tribe,
State, or private individual, partnership or corporation.
SEC. 8. RETIREMENT OF GRAZING ALLOTMENTS FOR WHICH NO VALID GRAZING
PERMIT OR LEASE EXISTS.
The Secretary shall not issue grazing permits or leases for grazing
allotments for which no valid permit or lease exists as of the date of
the enactment of this Act, and shall permanently retire the grazing
allotments from commercial livestock grazing, notwithstanding any other
provision of law.
SEC. 9. EFFECT OF NONUSE OR REDUCED USE.
Notwithstanding any other provision of law, a permittee or lessee
may opt not to graze a grazing allotment or to graze the grazing
allotment at less than the minimum permitted level and still retain the
grazing permit or lease for the remainder of its term. Such nonuse
shall be considered to be in compliance with the terms of the grazing
permit or lease when it becomes due for renewal.
SEC. 10. COUNTY TRANSITION PAYMENTS.
(a) Payments Required.--For each grazing permit or lease waived
under section 4 (other than an ephemeral grazing permit or lease), the
Secretary shall pay to the county in which the associated allotment is
located $10 per animal unit month based on the average of the highest
three years of authorized animal unit months out of the last 10 years
authorized to the permittee or lessee or the predecessors of the
permittee or lessee. In the case of an ephemeral grazing permit or
lease, the Secretary shall pay to the county in which the associated
allotment is located $10 per animal unit month based on the average
over the last 10 years of the actual animal unit months of grazing use.
(b) Proportional Allocation Among Counties.--In cases where an
allotment is located in more than one county, the payment under
subsection (a) to each county in which the allotment is located shall
be proportional to the allotment's land area located in that county.
SEC. 11. AUTHORIZATION OF APPROPRIATION.
There is authorized to be appropriated to the Secretaries
$100,000,000, to remain available until expended, to provide
compensation to permittees and lessees under section 5 and to make
transition payments to counties under section 10. None of the funds
appropriated pursuant to this section shall be used by any Federal
agency for administrative costs related to the purposes of this Act. | Multiple-Use Conflict Resolution Act of 2005 - Establishes a voluntary grazing permit and lease buyout program for commercial livestock operators on federal land. Sets forth land priorities if funds are insufficient to meet all buyouts.
Provides for: (1) voluntary donation of grazing permits; (2) county transitional payments; and (3) permanent retirement of grazing allotments which have no valid grazing permits or allotment leases.
States that a permittee or lessee shall maintain a lease for the remainder of its term in instances of voluntary nonuse or less than minimum use. | {"src": "billsum_train", "title": "To provide compensation to livestock operators who voluntarily relinquish a grazing permit or lease on Federal lands where conflicts with other multiple uses render livestock grazing impractical, and for other purposes."} | 2,072 | 135 | 0.473631 | 1.351559 | 0.497929 | 2.113208 | 15.301887 | 0.792453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Debit Card Protection
Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds the following:
(1) There has been a recent trend toward issuing debit
cards which can be used like credit cards, largely as
replacements for debit cards which could be used only with a
personal identification number at automated teller machines and
a limited number of retail establishments.
(2) According to industry analysts, as many as 1,300,000
new debit cards which can be used like credit cards are issued
each month.
(3) If current trends continue, debit cards that can be
used like credit cards will soon rival the popularity of credit
cards and some banking experts predict that more than \2/3\ of
the households in the United States will have such a card by
the year 2000.
(4) Many times, debit cards that can be used like credit
cards have been issued without providing adequate disclosure
that--
(A) the card may be used to initiate an electronic
fund transfer without the use of a personal
identification number or similar code or means of
access; and
(B) even though the card may carry a logo
associated with credit cards, the card is not a credit
card and the consumer may bear a significantly larger
liability for an unauthorized transaction involving
such debit card than would be the case for a similar
unauthorized transaction involving a credit card.
(5) Thus, millions of Americans are--
(A) receiving cards in a form they didn't request;
and
(B) are carrying such cards around with them--
(i) without realizing that the cards have
an expanded capability without the protections
against unauthorized transfers which are
typical of cards issued to make cash
withdrawals from automated teller machines; and
(ii) without fully appreciating the risks
associated with such cards.
(6) Economic stimulation would be enhanced and competition
among the various financial institutions and other companies
which issue debit cards would be strengthened by the informed
use of debit cards by consumers.
SEC. 3. DEFINITIONS.
Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a)
is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(12) ATM card.--The term `ATM card' means any card issued
by a financial institution for use in initiating electronic
fund transfers at automated teller machines and other
electronic terminals which requires a code or other unique form
of identification (other than a signature) in order to access
the account of the consumer; and
``(13) Check card.--The term `check card' means any card
issued by a financial institution for use in initiating
electronic fund transfers from the account of a consumer which
does not require the protection of a code or other means of
access that uniquely identifies the consumer (and for purposes
of this paragraph, a signature shall not be treated as a means
of access which uniquely identifies the consumer).''.
SEC. 4. CHECK CARD REQUIREMENT.
Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i)
is amended by adding at the end the following new subsection:
``(e) Check Card Requirement.--Any check card issued by any
financial institution to any consumer shall bear the legend `Check
Card' in a prominent typeface and in a conspicuous place on the face of
the check card.''.
SEC. 5. DUAL-USE DEBIT CARD.
(a) Consumer Liability.--
(1) In general.--Section 909 of the Electronic Fund
Transfer Act (15 U.S.C. 1693g) is amended--
(A) by redesignating subsections (b) through (e) as
subsections (d) through (g), respectively;
(B) in subsection (a)--
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively, and
indenting appropriately;
(ii) by inserting ``Cards Necessitating
Unique Identifier.--
``(1) In general.--'' after ``(a)'';
(iii) by striking ``other means of access
can be identified as the person authorized to
use it, such as by signature, photograph,'' and
inserting ``other means of access can be
identified as the person authorized to use it
by a unique identifier, such as a photograph,
retina scan,''; and
(iv) by striking ``Notwithstanding the
foregoing,'' and inserting the following:
``(2) Notification.--Notwithstanding paragraph (1),''; and
(C) by inserting before subsection (d), as so
designated by this section, the following new
subsections:
``(b) Cards Not Necessitating Unique Identifier.--A consumer shall
be liable for an unauthorized electronic fund transfer only if--
``(1) the liability is not in excess of $50;
``(2) the unauthorized electronic fund transfer is
initiated by the use of a card that has been properly issued to
a consumer other than the person making the unauthorized
transfer as a means of access to the account of that consumer
for the purpose of initiating an electronic fund transfer;
``(3) the unauthorized electronic fund transfer occurs
before the card issuer has been notified that an unauthorized
use of the card has occurred or may occur as the result of
loss, theft, or otherwise; and
``(4) such unauthorized electronic fund transfer did not
require the use of a code or other unique identifier (other
than a signature), such as a photograph, fingerprint, or retina
scan.
``(c) Notice of Liability and Responsibility To Report Loss of
Card, Code, or Other Means of Access.--No consumer shall be liable
under this title for any unauthorized electronic fund transfer unless
the consumer has received in a timely manner the notice required under
section 905(a)(1), and any subsequent notice required under section
905(b) with regard to any change in the information which is the
subject of the notice required under section 905(a)(1).''.
(2) Conforming amendment.--Section 905(a)(1) of the
Electronic Fund Transfer Act (15 U.S.C. 1693c(a)(1)) is amended
to read as follows:
``(1) the liability of the consumer for any unauthorized
electronic fund transfer and the requirement for promptly
reporting any loss, theft, or unauthorized use of a card, code,
or other means of access in order to limit the liability of the
consumer for any such unauthorized transfer;''.
(b) Validation Requirement for Dual-Use Debit Cards.--
(1) In general.--Section 911 of the Electronic Fund
Transfer Act (15 U.S.C. 1693i) is amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Validation Requirement.--No person may issue a card described
in subsection (a), the use of which to initiate an electronic fund
transfer does not require the use of a code or other unique identifier
other than a signature (such as a fingerprint or retina scan), unless--
``(1) the requirements of paragraphs (1) through (4) of
subsection (b) are met; and
``(2) the issuer has provided to the consumer a clear and
conspicuous disclosure that use of the card may not require the
use of such code or other unique identifier.''.
(2) Technical and conforming amendment.--Section 911(d) of
the Electronic Fund Transfer Act (15 U.S.C. 1993i(d)) (as
redesignated by subsection (a)(1) of this section) is amended
by striking ``For the purpose of subsection (b)'' and inserting
``For purposes of subsections (b) and (c)''.
SEC. 6. MANAGEMENT PRACTICES RELATING TO THE ISSUANCE OF CHECK CARDS.
Section 911 of the Electronic Fund Transfer Act (15 U.S.C. 1693i)
is amended by inserting after subsection (e) (as added by section 4 of
this Act) the following new subsection:
``(f) Preference of Consumer.--
``(1) In general.--If--
``(A) in response to a request or application by a
consumer for an ATM card, a financial institution
issues a check card; and
``(B) the consumer refuses to accept a check card,
the issuer shall promptly issue such consumer an ATM card.
``(2) Definitions.--For purposes of paragraph (1), the
following definitions shall apply:
SEC. 7. TOLL-FREE TELEPHONE NUMBER FOR REPORTING LOST OR STOLEN CHECK
CARDS OR UNAUTHORIZED WITHDRAWALS.
(a) In General.--Section 906 of the Electronic Fund Transfer Act
(15 U.S.C. 1693d) is amended by adding at the end the following new
subsection:
``(g) 24-Hour, Toll-Free, Notification System.--A financial
institution which issues a check card to any consumer shall establish
and maintain a 24-hour notification system, including a toll-free
telephone number at which personnel are continuously accessible, which
permits the consumer to immediately report the loss or theft of the
check card or any unauthorized use or suspected unauthorized use of the
card.''.
(b) Technical and Conforming Amendment.--Section 906(c)(4) of the
Electronic Fund Transfer Act (15 U.S.C. 1693d(c)(4)) is amended by
inserting after the period at the end the following new sentence: ``In
the case of a periodic statement for an account from which withdrawals
may be initiated by a check card (as defined in subsection (g)(2)), the
notice required under this paragraph shall appear in a conspicuous and
prominent location on the periodic statement under a heading indicating
that the telephone number is a 24-hour, toll-free telephone number and
the notice shall inform the consumer of the importance of promptly
reporting any loss or theft of such card or any unauthorized use or
suspected unauthorized use of the card.''.
SEC. 8. PROHIBITION ON FEES FOR INSUFFICIENT FUNDS IN CASE OF CERTAIN
UNAUTHORIZED TRANSFERS.
Section 909 of the Electronic Fund Transfer Act (15 U.S.C. 1693g)
is amended by adding at the end the following new subsection:
``(h) Prohibition on Certain Fees.--
``(1) In general.--A consumer shall not be liable for any
fee imposed by a financial institution for insufficient funds
in the account of the consumer if the lack of sufficient funds
in such account is due to an unauthorized electronic fund
transfer (from such account) initiated by the use of a card
without the protection of a code or other means of access which
uniquely identifies the consumer.
``(2) Prompt recredit of prior fees.--Upon receiving notice
from a consumer of an alleged unauthorized transaction, a
financial institution shall promptly credit the account of a
consumer for any fee described in paragraph (1) which was
imposed before such notice was received.''.
SEC. 9. PROVISIONAL RECREDIT OF UNAUTHORIZED TRANSFERS AFTER 5 BUSINESS
DAYS.
Section 908(c) of the Electronic Fund Transfer Act (15 U.S.C.
1693f(c)) is amended by striking ``ten business days'' and inserting
``5 business days''.
SEC. 10. EFFECTIVE DATE.
The amendments made by this Act shall apply after the end of the 1-
year period beginning on the date of the enactment of this Act. | Consumer Debit Card Protection Act - Amends the Electronic Fund Transfer Act to mandate that any check card issued by a financial institution to a consumer shall bear the legend "Check Card" in prominent typeface and in a conspicuous place on the face of such card.
Prescribes guidelines governing consumer liability for unauthorized electronic fund transfers where the relevant cards do not necessitate a unique identifier.
Conditions such liability upon timely notification to the consumer of liability for such transfers and of the advisability of prompt reporting of any loss, theft, or unauthorized use of a card code or other means of access.
Permits distribution to consumers of electronic fund transfer cards without unique identifiers only if certain validation requirements are met.
Mandates that any financial institution which issues consumer check cards maintain a 24-hour notification system which includes a toll-free telephone number at which personnel are continuously accessible to accept reports of theft, loss, or unauthorized use.
Precludes consumer liability for fees for insufficient funds due to an unauthorized electronic fund transfer executed by the use of a card lacking a protective device to serve as a unique identifier of the rightful consumer. Requires prompt re-crediting of the consumer's account for any fee imposed before receipt of the consumer's notice of an unauthorized electronic fund transfer. | {"src": "billsum_train", "title": "Consumer Debit Card Protection Act"} | 2,687 | 295 | 0.471144 | 1.460139 | 0.792771 | 3.377049 | 9.77459 | 0.868852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Needs Assessment and Program
Evaluation Act of 2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States and the Indian tribes have a unique
legal and political government-to-government relationship;
(2) under the Constitution, treaties, statutes, Executive
orders, court decisions, and course of conduct of the United
States, the United States has a trust obligation to provide
certain services to Indian tribes and members of Indian tribes;
(3) Federal agencies charged with administering programs
and providing services to or for the benefit of Indian tribes
and members of Indian tribes have not provided Congress
adequate information necessary to assess the adequacy of the
programs and services meeting the needs of Indian tribes and
members of Indian tribes, hampering the ability of Congress to
determine the nature, type, and magnitude of those needs or the
ability of the United States to respond to those needs; and
(4) Congress cannot properly fulfill its obligation to
Indian tribes and Indian people unless it has an adequate store
of information concerning the needs of Indian tribes and
members of Indian tribes nationwide.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that Indian needs for Federal programs and
services are known in a more certain and predictable fashion;
(2) to require that Federal agencies carefully review and
monitor the effectiveness of programs and services provided to
Indian tribes and members of Indian tribes;
(3) to provide for more efficient and effective cooperation
and coordination of, and accountability from, the agencies
providing programs and services, including technical and
business development assistance, to Indian tribes and members
of Indian tribes; and
(4) to provide to Congress reliable information regarding
both Indian needs and the evaluation of Federal programs and
services provided to Indian tribes and members of Indian tribes
nationwide.
SEC. 3. DEFINITIONS.
In this Act:
(1) 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).
(2) Needs assessment.--The term ``needs assessment'' means
an assessment of the program and service needs of Indian tribes
and members of Indian tribes, that includes, at a minimum,
consideration of--
(A) the population of each Indian tribe (including
the population of tribal members located in the service
area of an Indian tribe, where applicable);
(B) the size of the service area;
(C) the location of the service area;
(D) the availability of similar programs within the
geographical area to Indian tribes or tribal members;
and
(E) socioeconomic conditions that exist within the
service area.
(3) Program evaluation.--The term ``program evaluation''
means an evaluation report developed in accordance with section
4(b).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. NEEDS ASSESSMENTS AND PROGRAM EVALUATIONS.
(a) Needs Assessments.--
(1) Development of method, criteria, and procedures.--Not
later than 180 days after the date of enactment of this Act,
the Secretary, in consultation and coordination with tribal
governments and with the Secretary of Agriculture, Secretary of
Commerce, Secretary of Defense, Secretary of Energy, Secretary
of Labor, Attorney General, Secretary of the Treasury,
Secretary of Transportation, Secretary of Veterans Affairs,
Administrator of the Environmental Protection Agency, Secretary
of Housing and Urban Development, Secretary of Health and Human
Services, and heads of other agencies responsible for providing
programs or services to or for the benefit of Indian tribes or
members of Indian tribes, shall develop a uniform method,
criteria, and procedures for determining, analyzing, and
compiling a needs assessment.
(2) Needs assessments.--Not later than 1 year after the
date of enactment of this Act, and every 5 years thereafter,
each Federal agency, in coordination with the Secretary,
shall--
(A) conduct a needs assessment to determine the
needs of Indian tribes and members of Indian tribes
eligible for programs and services administered by the
agency; and
(B) submit to the Committee on Appropriations and
Committee on Indian Affairs of the Senate and the
Committee on Appropriations and the Committee on
Resources of the House of Representatives a report that
describes the results of the needs assessment.
(b) Program Evaluations.--
(1) Development of method, criteria, and procedures.--Not
later than 180 days after the date of enactment of this Act,
the Secretary shall develop a uniform method, criteria, and
procedures for compiling, maintaining, updating, and reporting
to Congress a program evaluation containing all information
concerning--
(A) the annual expenditure by a Federal agency for
programs and services for which Indian tribes and
members of Indian tribes are eligible, with specific
information including--
(i) the names of Indian tribes that are
participating in or receiving each service;
(ii) the names of Indian tribes that have
applied for and not received programs or
services; and
(iii) the names of Indian tribes for which
programs or services were terminated within the
preceding fiscal year;
(B) programs or services specifically for the
benefit of Indian tribes and members of Indian tribes,
with specific information including--
(i) the names of Indian tribes that are
currently participating in or receiving each
program or service;
(ii) the names of Indian tribes that have
applied for and not received programs or
services; and
(iii) the names of Indian tribes for which
programs or services were terminated within the
preceding fiscal year; and
(C) the methods of delivery of the programs and
services, including a detailed explanation of the
outreach efforts of each agency to Indian tribes.
(2) Program evaluations.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter, each
Federal agency responsible for providing programs or services
for the benefit of Indian tribes or members of Indian tribes
shall submit to the Committee on Appropriations and the
Committee on Indian Affairs of the Senate and the Committee on
Appropriations and the Committee on Resources of the House of
Representatives a report that describes the results of the
program evaluation.
(c) Annual Listing of Tribal Eligible Programs.--On or before
February 1 of each year, each Federal agency described in subsection
(b)(2) shall publish in the Federal Register--
(1) a list of all programs and services offered by the
agency for which Indian tribes or members of Indian tribes are
or may be eligible; and
(2) a brief explanation of the program or service.
SEC. 5. REPORT ON COORDINATION OF PROGRAMS AND SERVICES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Appropriations and the Committee on Indian Affairs of the Senate and
the Committee on Appropriations and the Committee on Resources of the
House of Representatives a report detailing the coordination of Federal
programs and service assistance for which Indian tribes and members of
Indian tribes are eligible.
(b) Strategic Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, after consultation and coordination with
the Indian tribes, the Secretary shall submit to the Committee
on Appropriations and the Committee on Indian Affairs of the
Senate and the Committee on Appropriations and the Committee on
Resources of the House of Representatives a strategic plan for
the coordination of Federal assistance for Indian tribes and
members of Indian tribes.
(2) Contents of strategic plan.--The strategic plan under
paragraph (1) shall contain--
(A) an identification of reforms necessary to the
laws (including regulations), policies, procedures,
practices, and systems of the agencies responsible for
providing programs or services for the benefit of
Indian tribes or members of Indian tribes;
(B) proposals for remedying the reforms identified
in the plan; and
(C) other recommendations consistent with the
purposes of this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for each fiscal year such
sums as are necessary to carry out this Act. | Indian Needs Assessment and Program Evaluation Act of 2003 - Directs the Secretary of the Interior to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians.
Requires Federal agencies to conduct Indian needs assessments to determine the actual needs of tribes and Indians eligible for programs and services administered by such departments and agencies. Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) annual Federal expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) methods of delivery of services and funding. Requires Federal departments and agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file annual Indian program evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible. Directs the Secretary to file a strategic plan for the coordination of Federal assistance for Indians. | {"src": "billsum_train", "title": "A bill to provide for periodic Indian needs assessments, to require Federal Indian program evaluations, and for other purposes."} | 1,803 | 245 | 0.680594 | 1.635545 | 0.701927 | 3.328829 | 7.693694 | 0.887387 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Child Marriage
Prevention and Assistance Act of 2006''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research shows that child marriage in developing
nations is often associated with adverse economic and social
consequences and is dangerous to the health, security, and
well-being of girls and detrimental to the economic development
of communities.
(2) The issue of child marriage is interwoven with broader
social and cultural issues and is most effectively addressed as
a development challenge through integrated, community-based
approaches to promote and support girls' education and skill-
building and healthcare, legal rights, and awareness for girls
and women.
(3) As Charlotte Ponticelli, Senior Coordinator for
International Women's Issues for the Department of State,
stated on September 14, 2005: ``It is unconscionable that in
the 21st century girls as young as 7 or 8 can be sold as
brides. There is no denying that extreme poverty is the driving
factor that has enabled the practice to continue, even in
countries where it has been outlawed...We need to be shining
the spotlight on early marriage and its underlying causes...We
must continue to do everything we can to ensure that girls have
every opportunity to become agents of change and to expand the
`realm of what is possible' for their societies and the world
at large.''
(4) The severity of the adverse impact of child marriage
increases as the age at marriage and first childbirth
decreases.
(5) A Department of State survey in 2005 found that child
marriage was a concern in 64 out of 182 countries surveyed and
that the practice is especially acute in sub-Saharan Africa and
South Asia.
(6) According to the United Nations Children's Fund, in
Ethiopia and in parts of West Africa marriage at the age of 7
or 8 is not uncommon.
(7) In developing countries, girls aged 10 to 14 who become
pregnant are 5 times more likely to die in pregnancy or
childbirth than women aged 20 to 24.
(8) Girls in sub-Saharan Africa are at much higher risk of
suffering obstetric fistula.
(9) According to the Department of State: ``Pregnancy at an
early age often leads to obstetric fistulae and permanent
incontinence. In Ethiopia, treatment is available at only 1
hospital in Addis Ababa that performs over 1,000 fistula
operations a year. It estimates that for every successful
operation performed, 10 other young women need the treatment.
The maternal mortality rate is extremely high due, in part, to
food taboos for pregnant women, poverty, early marriage, and
birth complications related to FGM [Female Genital Mutilation],
especially infibulation.''.
(10) Adolescents are at greater risk of complications
during childbirth that can lead to fistula because they have
less access to health care and are subject to other significant
risk factors related to the mother's physical immaturity.
(11) In nearly every case of obstetric fistula, the baby
will be stillborn.
(12) The physical symptoms of obstetric fistula include
incontinence or constant uncontrollable leaking of urine or
feces, frequent bladder infections, infertility, and foul odor.
The condition often leads to the desertion of fistula sufferers
by husbands and family members and extreme social stigma.
(13) Although data on obstetric fistula are scarce, the
World Health Organization (WHO) estimates that there are more
than 2,000,000 women living with fistula and 50,000 to 100,000
new cases each year. These figures are based on the number of
women who seek medical care. Many more suffer from the
disabling condition.
(14) Adolescent girls are more susceptible than mature
women to sexually transmitted infections, including HIV, due to
both biological and social factors.
(15) Research in several countries with high rates of HIV
infection indicates that married girls are at greater risk for
HIV than their unmarried peers.
(16) Child marriage can have additional long-term
consequences when combined with female genital cutting because
the girls who have undergone that procedure can experience
greater complications during pregnancy, leading to lasting
health problems for themselves and their children.
(17) Child marriage is a leading barrier to girls'
education in certain developing countries.
(18) A high incidence of child marriage undermines the
efforts of developing countries and donor countries, including
the United States, to promote economic and social development.
(19) The causes of child marriage include poverty, custom,
and the desire to protect girls from violence or premarital
sexual relations.
(20) Child marriage may also be a product of gender
violence in which a man abducts and rapes a girl and then,
sometimes through negotiations with traditional leaders,
negotiates a settlement with the girl's parents, including
marriage to the victim.
(21) The practice of child marriage is considered a
``harmful traditional practice'' by the United Nations
Children's Fund.
(22) The Convention on Consent to Marriage, Minimum Age for
Marriage, and Registration of Marriages, adopted at the United
Nations, December 10, 1962, requires the parties to the
Convention to overcome all ``customs, ancient laws, and
practices by ensuring complete freedom in the choice of a
spouse, eliminating completely child marriages and the
betrothal of young girls before the age of puberty''.
(23) The African Charter on the Rights and Welfare of the
Child, which entered into force in 1990, provides that ``child
marriage and the betrothal of girls and boys shall be
prohibited and effective action, including legislation, shall
be taken to specify the minimum age of marriage to be eighteen
years''.
(24) In Ethiopia, Girls' Activity Committees, community-
based groups formed to support girls in school and advocate for
girls' education, have conducted community awareness and
informational campaigns, enlisted the assistance of traditional
clan and religious leaders, discouraged families from
practicing child marriage, encouraged girls' school attendance,
and taken steps to reduce gender-based violence and create
safer environments for girls en route to or from school and in
the classroom.
(25) Recognizing the importance of the issue and the
effects of child marriage, the Senior Coordinator for
International Women's Issues of the Department of State
initiated an effort in 2005 to collect and assess information
on the incidence of child marriage and on the existence and
effectiveness of initiatives funded by the United States to
reduce the incidence of child marriage or the negative effects
of child marriage and to measure the need for additional
programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Agency.
(2) Agency.--Except as otherwise provided in this Act, the
term ``Agency'' means the United States Agency for
International Development.
(3) Child marriage.--The term ``child marriage'' means the
legal or traditional marriage of a girl or boy who has not yet
reached the minimum age for marriage stipulated in law in the
country of which they are a citizen.
(4) Developing nation.--The term ``developing nation''
means any nation eligible to receive assistance from the
International Development Association or the International Bank
for Reconstruction and Development.
(5) HIV.--The term ``HIV'' has the meaning given that term
in section 3 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7602).
(6) HIV/AIDS.--The term ``HIV/AIDS'' has the meaning given
that term in section 3 of the United States Leadership Against
HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C.
7602).
(7) Obstetric fistula.--The term ``obstetric fistula''
means a rupture or hole in tissues surrounding the vagina,
bladder, or rectum that occurs during prolonged, obstructed
childbirth.
(8) Relevant executive branch agencies.--The term
``relevant executive branch agencies'' means the Department of
State, the Agency, the Department of Health and Human Services,
and any other department or agency of the United States,
including the Millennium Challenge Corporation, that is
involved in implementing international health or development
policies and programs of the United States.
(9) Secretary.--Except as otherwise provided in this Act,
the term ``Secretary'' means the Secretary of State.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the untapped economic and educational potential of
girls and women in many developing nations represent an
enormous loss to those societies;
(2) expanding educational opportunities for girls and
economic opportunities for women and reducing maternal and
child mortality are critical to the achievement of
internationally recognized health and development goals and of
many global health and development objectives of the United
States, including efforts to prevent HIV/AIDS;
(3) since child marriage is a leading barrier to the
continuation of girl's education in many developing countries,
it is important to integrate this issue into new and existing
United States-funded efforts to promote education, strengthen
legal rights and legal awareness, reduce gender-based violence,
and promote skill-building and economic opportunities for girls
and young women in regions with a high incidence of child
marriage; and
(4) effective community-based efforts to reduce and move
toward the elimination of child marriage as part of an
integrated strategy to promote girls' education and empowerment
will yield long-term dividends in the health and economic
sectors in developing countries.
SEC. 5. DEVELOPMENT OF CHILD MARRIAGE PREVENTION STRATEGY.
(a) Requirements for Strategy.--The Secretary shall develop a
comprehensive strategy, taking into account the work of the relevant
executive branch agencies, to reduce the incidences of child marriage
around the world by further integrating this issue into existing and
planned relevant United States development efforts.
(b) Report on Strategy.--
(1) Requirement for report.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall submit
to Congress a report on the strategy described in subsection
(a), including a discussion of the elements described in
paragraph (2).
(2) Report elements.--The elements referred to in paragraph
(1) are the following:
(A) A description of existing or potential
approaches to prevent child marriage and address the
vulnerabilities of populations who may be at risk of
child marriage.
(B) A description of programs funded by the United
States that address child marriage, and an assessment
of the impact of such programs in the areas of health,
education, and access to economic opportunities,
including microfinance programs.
(C) A description of programs funded by the United
States that are intended to prevent obstetric fistula.
(D) A description of programs funded by the United
States that support the surgical treatment of obstetric
fistula.
(E) A description of the impact of child marriage
on the United States efforts to assist in achieving the
goals set out in the United Nations Millennium
Declaration adopted by the United Nations General
Assembly on September 8, 2000 (resolution 55/2),
including specifically the impact on efforts to--
(i) eliminate gender disparity in primary
and secondary education;
(ii) reduce child mortality;
(iii) improve maternal health; and
(iv) combat HIV/AIDS, tuberculosis,
malaria, and other disease.
(F) A description of the impact of child marriage
on achieving the purposes set out in section 602 of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701).
(G) A description of how the issue of child
marriage can best be integrated into existing or
planned United States programs to promote girls'
education and skill-building, healthcare, legal rights
and awareness, and other relevant programs in
developing nations.
(c) Report on Child Marriage.--Not later than 2 years after the
date of the enactment of this Act, the Secretary, in consultation with
other appropriate officials, shall submit to the Committees on Foreign
Relations and Appropriations of the Senate and the Committees on
International Relations and Appropriations of the House of
Representatives a report that describes--
(1) United States assistance programs that address child
marriage;
(2) the impact of child marriage on maternal mortality and
morbidity and on infant mortality in countries in which child
marriage is prevalent;
(3) the projected effect of such programs on increasing the
age of marriage, reducing maternal mortality and morbidity,
reducing the incidence of obstetric fistula, reducing the
incidence of domestic violence, increasing girls' access to and
completion of primary and secondary education, reducing the
incidence of early childbearing, and reducing HIV infection
rates among married and unmarried adolescents;
(4) the scale and scope of the practice of child marriage
in developing nations; and
(5) the status of efforts by the government of each
developing nation with a high incidence of child marriage to
eliminate such practices.
SEC. 6. AUTHORIZATION OF ASSISTANCE TO REDUCE INCIDENCES OF CHILDHOOD
MARRIAGE AND OBSTETRIC FISTULA.
The President is authorized to provide assistance, including
through international, nongovernmental, or faith-based organizations or
through direct assistance to a recipient country, for programs to
reduce the incidences of child marriage and promote the empowerment of
girls and young woman. Such assistance may include--
(1) improving the access of girls and young women in
developing nations to primary and secondary education and
vocational training;
(2) supporting community education activities to educate
parents, community leaders, and adolescents of the health risks
associated with child marriage and the benefits for
adolescents, especially girls, of access to education, health
care, employment, microfinance, and savings programs;
(3) supporting community-based organizations in encouraging
the prevention or delay of child marriage and its replacement
with other non-harmful rites of passage;
(4) increasing access of women to economic opportunities,
including microfinance and small enterprise development;
(5) supporting efforts to prevent gender-based violence;
(6) improving access of adolescents to adequate health
care;
(7) supporting programs to promote educational and economic
opportunities and access to health care for adolescents who are
already married;
(8) supporting the surgical repair of fistula, including
the creation or expansion of centers for the treatment of
fistula in countries with high rates of fistula, and the care,
support, and transportation of persons in need of such surgery;
and
(9) supporting efforts to reduce incidences of fistula,
including programs to increase access to skilled birth
attendants, and to promote access to family planning where
desired by local communities.
SEC. 7. RESEARCH AND DATA COLLECTION.
The Secretary shall work through the Agency and any other relevant
agencies of the Department of State, and in conjunction with relevant
executive branch agencies as part of their ongoing research and data
collection activities, to--
(1) collect and make available data on the incidence of
child marriage in countries that receive foreign or development
assistance from the United States where the practice of child
marriage is prevalent; and
(2) collect and make available data on the impact of the
incidence of child marriage and the age at marriage on progress
in meeting key development goals.
SEC. 8. HUMAN RIGHTS REPORT.
The Secretary shall include in the Department of State's Annual
Country Reports on Human Rights Practices a section for each country
where child marriage is prevalent, outlining the status of the practice
of child marriage in that country.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS AND OTHER FUNDING.
There are authorized to be appropriated to carry out the provisions
of this Act, and the amendments made by this Act, in addition to funds
otherwise available for such purposes, amounts as follows:
(1) $15,000,000 for fiscal year 2007.
(2) $20,000,000 for fiscal year 2008.
(3) $25,000,000 for fiscal year 2009. | International Child Marriage Prevention and Assistance Act of 2006 - Requires the Secretary of State to develop a comprehensive strategy to reduce the incidences of child marriage around the world by further integrating this issue into U.S. development efforts. Requires the Secretary to submit reports to Congress on such strategy and on child marriage and U.S. assistance programs that address it.
Authorizes the President to provide assistance for programs to reduce the incidences of child marriage and promote the empowerment of girls, including support for the treatment and reduction of fistula in countries with high rates of such surgery.
Requires the Secretary to work through the U.S. Agency for International Development and other agencies of the Department of State and in conjunction with other relevant agencies as part of their ongoing research and data collection activities concerning child marriage.
Requires the Secretary to include in the Department of State's Annual Country Reports on Human Rights Practices a section for each country where child marriage is prevalent, outlining the status of the practice. | {"src": "billsum_train", "title": "A bill to reduce child marriage, and for other purposes."} | 3,431 | 217 | 0.50654 | 1.592963 | 0.724848 | 5.338798 | 18.043716 | 0.967213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hiring Incentives to Reinvest and
Incentivize New Growth Act of 2010'' or the ``HIRING Act of 2010''.
SEC. 2. REFUNDABLE CREDIT FOR INCREASING EMPLOYMENT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36A the following new section:
``SEC. 36B. CREDIT FOR INCREASING EMPLOYMENT.
``(a) In General.--There shall be allowed as a credit against the
tax imposed by this subtitle--
``(1) for any taxable year beginning in 2010, an amount
equal to 15 percent of the excess (if any) of--
``(A) the aggregate wages paid during 2010, over
``(B) the inflation-adjusted wages paid during
2009, and
``(2) for any taxable year beginning in 2011, an amount
equal to 10 percent of the excess (if any) of--
``(A) the aggregate wages paid during 2011, over
``(B) the inflation-adjusted wages paid during
2010.
``(b) Quarterly Advance Payments of Credit.--
``(1) In general.--The Secretary shall pay (without
interest) to each employer for each calendar quarter an amount
equal to the credit percentage of the excess (if any) of--
``(A) the aggregate wages paid by the employer
during such quarter, over
``(B) the inflation-adjusted wages paid by the
employer during the comparable quarter of the preceding
calendar year.
``(2) Credit percentage.--For purposes of paragraph (1),
the credit percentage is--
``(A) 15 percent in the case of the calendar
quarters of 2010, and
``(B) 10 percent in the case of the calendar
quarters of 2011.
``(3) Reconciliation.--
``(A) In general.--If there is a payment under
paragraph (1) for 1 or more calendar quarters ending
with or within a taxable year, then the tax imposed by
this chapter for such taxable year shall be increased
by the aggregate amount of such payments.
``(B) Reconciliation.--Any increase in tax under
subparagraph (A) shall not be treated as tax imposed by
this chapter for purposes of determining the amount of
any credit (other than the credit under subsection (a))
allowable under this part.
``(4) Time for filing claim.--No claim shall be allowed
under this subsection with respect to any calendar quarter
unless filed on or before the earlier of--
``(A) the last day of the succeeding quarter, or
``(B) the time prescribed by law for filing the
return of tax imposed by this chapter for the taxable
year in which or with which such quarter ends.
``(5) Interest.--Notwithstanding paragraph (1), if the
Secretary has not paid pursuant to a claim filed under this
subsection 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) Total Wages Must Increase.--The amount of credit allowed
under this section for any taxable year shall not exceed the amount
which would be so allowed for such year if--
``(1) the aggregate amounts taken into account as wages
were determined without any dollar limitation, and
``(2) 103 percent of the amount of wages otherwise required
to be taken into account under subsection (a)(1)(B) or
subsection (a)(2)(B), as the case may be, were taken into
account.
``(d) Inflation-Adjusted Wages; Wages.--For purposes of this
section--
``(1) Inflation-adjusted wages.--
``(A) In general.--The term `inflation-adjusted
wages' means, for any period--
``(i) the aggregate wages paid by the
employer during such period, increased by
``(ii) an amount equal to the inflation
percentage of such wages.
``(B) Inflation percentage.--The inflation
percentage is--
``(i) 3 percent for purposes of determining
inflation-adjusted wages for periods during
2009, and
``(ii) 5 percent for purposes of
determining inflation-adjusted wages for
periods during 2010.
``(2) Wages.--
``(A) In general.--Except as provided in
subparagraph (B), the term `wages' means, with respect
to any calendar year, so much of wages (as defined in
section 3121(a)) as does not exceed the median
household income in the United States for the preceding
calendar year.
``(B) Railway labor.--In the case of remuneration
subject to the tax imposed by 3201(a), the term `wages'
means, with respect to any calendar year, so much of
compensation (as defined in section 3231(e)) as does
not exceed the median household income in the United
States for the preceding calendar year.
``(e) Special Rules.--
``(1) Adjustments for certain acquisitions, etc.--
``(A) Acquisitions.--If, after December 31, 2008,
an employer acquires the major portion of a trade or
business of another person (hereinafter in this
subparagraph referred to as the `predecessor') or the
major portion of a separate unit of a trade or business
of a predecessor, then, for purposes of applying this
section for any calendar year ending after such
acquisition, the amount of wages deemed paid by the
employer during periods before such acquisition shall
be increased by so much of such wages paid by the
predecessor with respect to the acquired trade or
business as is attributable to the portion of such
trade or business acquired by the employer.
``(B) Dispositions.--If, after December 31, 2008--
``(i) an employer disposes of the major
portion of any trade or business of the
employer or the major portion of a separate
unit of a trade or business of the employer in
a transaction to which subparagraph (A)
applies, and
``(ii) the employer furnishes the acquiring
person such information as is necessary for the
application of subparagraph (A),
then, for purposes of applying this section for any
calendar year ending after such disposition, the amount
of wages deemed paid by the employer during periods
before such disposition shall be decreased by so much
of such wages as is attributable to such trade or
business or separate unit.
``(2) Change in status from self-employed to employee.--
If--
``(A) during 2009 or 2010 an individual has net
earnings from self-employment (as defined in section
1402(a)) which are attributable a trade or business,
and
``(B) for any portion of the succeeding calendar
year such individual is an employee of such trade or
business,
then, for purposes of determining the credit allowable for a
taxable year beginning in such succeeding calendar year, the
employer's aggregate wages for 2009 or 2010, as the case may
be, shall be increased by an amount equal to so much of the net
earnings referred to in subparagraph (A) as does not exceed the
median household income in the United States for 2009 or 2010,
as the case may be.
``(3) Certain other rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 51(f) (relating to remuneration must
be for trade or business employment).
``(B) Section 51(k) (relating to treatment of
successor employers; treatment of employees performing
services for other persons).
``(C) Section 52 (relating to special rules).
``(4) Short taxable years.--If the employer has more than 1
taxable year beginning in 2010 or 2011, the credit under this
section shall be determined for the employer's last taxable
year beginning in 2010 or 2011, as the case may be.
``(f) Tax-Exempt Employers Treated as Taxpayers.--Solely for
purposes of this section and section 6402, employers exempt from tax
under section 501(a) shall be treated as taxpayers.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``36B(a),'' before ``45A(a)''.
(c) Conforming Amendments.--
(1) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36B,'' after ``36A,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 36A the following new item:
``Sec. 36B. Credit for increasing employment.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
(e) Notice of Availability of Credit.--The Secretary of the
Treasury shall work with the State Employment Security Agencies to
inform businesses of the availability of section 36B of the Internal
Revenue Code of 1986 (as added by this Act). | Hiring Incentives to Reinvest and Incentivize New Growth Act of 2010 or the HIRING Act of 2010 - Amends the Internal Revenue Code to allow employers, including tax-exempt employers, a refundable tax credit for increases in wages paid during 2010 and 2011.
Directs the Secretary of the Treasury to work with state employment agencies to inform businesses of the availability of the tax credit allowed by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow employers a refundable credit for increasing employment."} | 2,119 | 90 | 0.562748 | 1.222559 | 0.898311 | 3.013333 | 25.84 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2005''.
SEC. 2. DECEPTIVE PRACTICES IN ELECTIONS.
(a) Civil Action.--
(1) In general.--Subsection (b) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(b)) is amended--
(A) by striking ``No person'' and inserting the
following:
``(1) No person''; and
(B) by inserting at the end the following new
paragraph:
``(2) No person, whether acting under color of law or
otherwise, shall knowingly deceive any other person regarding--
``(A) the time, place, or manner of conducting a
general, primary, run-off, or special election for the
office of President, Vice President, presidential
elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Commissioner from a
territory or possession; or
``(B) the qualifications for or restrictions on
voter eligibility for any election described in
subparagraph (A).''.
(2) Private right of action.--
(A) In general.--Subsection (c) of section 2004 of
the Revised Statutes (42 U.S.C. 1971(c)) is amended--
(i) by striking ``Whenever any person'' and
inserting the following:
``(1) Whenever any person''; and
(ii) by adding at the end the following new
paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2) may institute a civil action or other proper proceeding
for preventive relief, including an application in a United
States district court for a permanent or temporary injunction,
restraining order, or other order.''.
(B) Conforming amendments.--
(i) Subsection (e) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(e)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(ii) Subsection (g) of section 2004 of the
Revised Statutes (42 U.S.C. 1971(g)) is amended
by striking ``subsection (c)'' and inserting
``subsection (c)(1)''.
(b) Criminal Penalty.--Section 594 of title 18, United States Code,
is amended--
(1) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever''; and
(2) by adding at the end the following:
``(b) Deceptive Acts.--
``(1) Prohibition.--
``(A) In general.--It shall be unlawful for any
person to knowingly deceive another person regarding
the time, place, or manner of an election described in
subparagraph (B), or the qualifications for or
restrictions on voter eligibility for any such
election, with the intent to prevent such person from
exercising the right to vote in such election.
``(B) Election.--An election described in this
subparagraph is any general, primary, run-off, or
special election for the office of President, Vice
President, presidential elector, Member of the Senate,
Member of the House of Representatives, Delegate of the
District of Columbia, or Resident Commissioner.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned not more than 1
year, or both.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPORTING FALSE ELECTION INFORMATION.
(a) In General.--Any person may report to the Assistant Attorney
General of the Civil Rights Division of the Department of Justice, or
the designee of such Assistant Attorney General, any act of deception
regarding--
(1) the time, place, or manner of conducting a general,
primary, run-off, or special election for Federal office; or
(2) the qualifications for or restrictions on voter
eligibility for any general, primary, run-off, or special
election for Federal office.
(b) Corrective Action.--
(1) In general.--Except as provided in paragraph (2), not
later than 48 hours after receiving a report under subsection
(a), the Assistant Attorney General shall investigate such
report and, if the Assistant Attorney General determines that
an act of deception described in subsection (a) occurred,
shall--
(A) undertake all effective measures necessary to
provide correct information to voters affected by the
deception, and
(B) refer the matter to the appropriate Federal and
State authorities for criminal prosecution.
(2) Reports within 72 hours of an election.--If a report
under subsection (a) is received within 72 hours before the
election described in such subsection, the Assistant Attorney
General shall immediately investigate such report and, if the
Assistant Attorney General determines that an act of deception
described in subsection (a) occurred, shall immediately
undertake all effective measures necessary to provide correct
information to voters affected by the deception.
(3) Regulations.--
(A) In general.--The Attorney General shall
promulgate regulations regarding the methods and means
of corrective actions to be taken under paragraphs (1)
and (2). Such regulations shall be developed in
consultation with the Election Assistance Commission,
civil rights organizations, voting rights groups, State
election officials, voter protection groups, and other
interested community organizations.
(B) Study.--
(i) In general.--The Attorney General, in
consultation with the Federal Communications
Commission and the Election Assistance
Commission, shall conduct a study on the
feasibility of providing the corrective
information under paragraphs (1) and (2)
through public service announcements, the
emergency alert system, or other forms of
public broadcast.
(ii) Report.--Not later than 180 days after
the date of the enactment of this Act, the
Attorney General shall submit to Congress a
report detailing the results of the study
conducted under clause (i).
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after any primary,
general, or run-off election for Federal office, the Attorney
General shall submit to the appropriate committees of Congress
a report compiling and detailing any allegations of deceptive
practices submitted pursuant to subsection (a) and relating to
such election.
(2) Contents.--
(A) In general.--Each report submitted under
paragraph (1) shall include--
(i) detailed information on specific
allegations of deceptive tactics;
(ii) any corrective actions taken in
response to such allegations;
(iii) the effectiveness of any such
corrective actions;
(iv) any suit instituted under section
2004(b)(2) of the Revised Statutes (42 U.S.C.
1971(b)(2)) in connection with such
allegations;
(v) statistical compilations of how many
allegations were made and of what type;
(vi) the geographic locations of and the
populations affected by the alleged deceptive
information; and
(vii) the status of the investigations of
such allegations.
(B) Exception.--The Attorney General may withhold
any information that the Attorney General determines
would unduly interfere with an on-going investigation.
(3) Report made public.--The Attorney General shall make
the report required under paragraph (1) publicly available
through the Internet and other appropriate means.
(d) Federal Office.--For purposes of this section, the term
``Federal office'' means the office of President, Vice President,
presidential elector, Member of the Senate, Member of the House of
Representatives, or Delegate or Commissioner from a territory or
possession of the United States.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this section. | Deceptive Practices and Voter Intimidation Prevention Act of 2005 - Amends the Revised Statutes and federal criminal law to prohibit any person, whether acting under color of law or otherwise, from knowingly deceiving any other person regarding: (1) the time, place, or manner of conducting any federal election; or (2) the qualifications for or restrictions on voter eligibility for any such election. Creates a private right of action for any person aggrieved by a violation of such prohibition.
Prescribes a criminal penalty for such deceptive acts.
Authorizes any person to report a deceptive act to the Assistant Attorney General (AAG) of the Civil Rights Division of the Department of Justice (or a designee).
Requires the AAG to investigate such a report within 48 hours after its receipt and provide correct information to the voters if it is determined that an act of deception occurred.
Requires an immediate investigation if such a report is received within 72 hours before an election. Directs the AAG, in such an instance, to undertake immediately all effective measures necessary to provide correct information to voters affected by the deception.
Directs the Attorney General to study the feasibility of providing such corrective information through public service announcements, the emergency alert system, or other forms of public broadcast. | {"src": "billsum_train", "title": "A bill to prohibit deceptive practices in Federal elections."} | 1,772 | 290 | 0.507447 | 1.574731 | 0.790616 | 3.983471 | 6.661157 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advanced Energy Initiative Act of
2006''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``biomass'' has the meaning given that term in
section 932(a)(1) of the Energy Policy Act of 2005 (42 U.S.C.
16232(a)(1));
(2) the term ``cellulosic feedstock'' has the meaning given
the term ``lignocellulosic feedstock'' in section 932(a)(2) of
the Energy Policy Act of 2005 (42 U.S.C. 16232(a)(2));
(3) the term ``engineering-scale'' means the minimum size
required to predict with confidence all physical processes
controlling the performance of a full-scale industrial
facility;
(4) the term ``National Laboratory'' has the meaning given
the term ``nonmilitary energy laboratory'' in section 903(3) of
the Energy Policy Act of 2005 (42 U.S.C. 16182(3));
(5) the term ``plug-in hybrid motor vehicle'' means a motor
vehicle that--
(A) can operate on either liquid combustible fuel
or electric power provided by a rechargeable battery
that can be recharged using offboard sources of
electric power;
(B) utilizes regenerative power capture technology
to recover energy expended in braking the vehicle for
use in recharging the battery; and
(C) can operate solely on electric power for a
minimum of 20 miles under city driving conditions; and
(6) the term ``Secretary''means the Secretary of Energy.
SEC. 3. FUTUREGEN.
(a) In General.--The Secretary shall carry out a project to
demonstrate the feasibility of the commercial application of advanced
clean coal energy technology, including carbon capture and geological
sequestration, for electricity generation.
(b) Requirements.--The Secretary shall design the project to ensure
that--
(1) the project is operating by 2012;
(2) the project shall be able--
(A) to achieve at least a 99 percent reduction in
sulfur dioxide emissions;
(B) to emit no more than 0.05 pounds of nitrogen
oxide emissions per million British thermal units of
energy produced by the project;
(C) to achieve at least a 90 percent reduction in
mercury emissions;
(D) to emit no more than 0.005 of total particulate
emissions in the flue gas per million British thermal
units of energy produced by the project; and
(E) to achieve at least a 90 percent reduction in
carbon dioxide emissions; and
(3) the project demonstrates the feasibility of electricity
generation from coal using advanced clean coal technology with
carbon capture and geological sequestration at a cost not
greater than 10 percent higher than the average of all
commercial integrated coal gasification and combined cycle
electric generating plants operating in the United States as of
the date of enactment of this Act.
(c) Commercially Available Advanced Clean Coal Technology.--To
reduce technical risk and focus development efforts on system
integration, the Secretary shall, to the extent practicable, ensure
that the project utilizes available advanced clean coal technology,
such as coal gasifier technology, for those components of the project
where such technology would be appropriate.
(d) Authorization of Appropriations.--From amounts authorized to be
appropriated by section 401(a) of the Energy Policy Act of 2005 (42
U.S.C. 15961(a)), there are authorized to be appropriated to the
Secretary to carry out this section--
(1) $54,000,000 for fiscal year 2007;
(2) $100,000,000 for fiscal year 2008;
(3) $113,000,000 for fiscal year 2009;
(4) $81,000,000 for fiscal year 2010;
(5) $62,000,000 for fiscal year 2011; and
(6) $57,000,000 for fiscal year 2012.
SEC. 4. ADVANCED FUEL CYCLE TECHNOLOGIES FOR NUCLEAR POWER.
(a) In General.--The Secretary shall carry out a program of
research, development, demonstration, and commercial application for
advanced nuclear fuel cycle technologies for generating electricity and
industrial process heat from nuclear power, including technologies for
spent fuel recycling, waste minimization, and reduction of
radioactivity of final waste products.
(b) Objectives.--The Secretary shall design the program under this
section to develop technologies that would--
(1) minimize the volume and heat load of high-level nuclear
waste destined for storage in a geological repository to the
extent that a single repository would be sufficient for storing
all nuclear waste generated by United States commercial nuclear
power plants during this century;
(2) increase the proliferation resistance of commercial
nuclear power reactors and their associated fuel systems and
infrastructure; and
(3) increase the amount of useful energy that can be
extracted from nuclear fuel.
(c) Systems Analysis.--
(1) In general.--The Secretary shall develop a
comprehensive modeling and simulation capability to enable a
thorough analysis of possible advanced nuclear fuel cycle
systems. The modeling and simulation capability shall be
capable of examining--
(A) all of the components of each advanced nuclear
fuel cycle system analyzed, including--
(i) spent fuel separations technologies;
(ii) advanced burner reactor technologies;
(iii) fuel fabrication technologies;
(iv) advanced thermal reactor technologies,
including advanced thermal reactor designs that
would be capable of reducing the toxicity or
radioactivity of spent nuclear fuel components;
and
(v) waste disposal technologies;
(B) the manner in which possible technology and
engineering choices for individual components might
affect the overall system, and how various system
components would interact with one another; and
(C) quantitative mass flows of nuclear fuel and
spent nuclear fuel, including projected inventories and
transportation requirements for nuclear fuel and spent
nuclear fuel, for any examined system.
(2) Advanced nuclear fuel cycle system plan.--
(A) Analysis.--The Secretary shall conduct a
thorough analysis of more than one possible
configuration of an advanced nuclear fuel cycle system
using the analytical capability developed under
paragraph (1). Each possible advanced nuclear fuel
cycle system configuration examined shall include both
advanced burner reactors and advanced thermal reactors,
and the analysis shall consider the degree to which
each type of reactor can be utilized to reduce the
toxicity or radioactivity of spent nuclear fuel
components. The analysis of each possible configuration
of an advanced nuclear fuel cycle system examined shall
examine the compatibility of fuel cycle system
components, including each of the system component
technologies described in paragraph (1)(A), and the
degree to which the examined system would meet the
objectives described in subsection (b).
(B) Plan.--Using the results of the analyses
developed under subparagraph (A), and not later than
June 30, 2007, the Secretary shall develop a detailed
plan for research, development, demonstration, and
commercial application on advanced nuclear fuel cycle
system technologies, including proposed technology
options for each of the system component technologies
described in paragraph (1)(A) and any proposed
engineering-scale demonstrations of such system
component technologies. The plan shall include an
estimate of the design, engineering, construction and
lifetime operating costs of any proposed engineering-
scale demonstration. In developing the plan, the
Secretary shall consider the integration into an
advanced nuclear fuel cycle system of advanced thermal
reactors capable of reducing the toxicity or
radioactivity of spent nuclear fuel components.
(C) Consultation.--In developing the plan under
subparagraph (B), the Secretary shall consult with--
(i) technical experts from United States
and foreign companies that design or engineer
nuclear power plants or nuclear fuel
reprocessing facilities;
(ii) technical experts from United States
electric utilities that operate nuclear power
plants;
(iii) economists with expertise in nuclear
power and electricity markets;
(iv) the Nuclear Energy Research Advisory
Committee;
(v) the Chairman of the Nuclear Regulatory
Commission; and
(vi) the Administrator of the Environmental
Protection Agency.
(3) National academy of sciences review.--The Secretary
shall enter into an arrangement with the National Academy of
Sciences to conduct a review of the plan developed under
paragraph (2)(B), including by reviewing the validity of the
underlying analyses required in paragraph (2)(A).
(d) Report.--Not later than June 30, 2008, the Secretary shall
transmit to Congress a report that includes the research, development,
demonstration, and commercial application plan developed under
subsection (c)(2)(B), the report from the National Academy of Sciences
on the review conducted under subsection (c)(3), and the Secretary's
response to the findings and conclusions contained in the National
Academy of Sciences report.
(e) Prohibition.--The Secretary shall not initiate detailed design
or construction of any demonstration facility that is capable of
processing 500 kilograms or more per year of nuclear fuel or spent
nuclear fuel and that is designed to demonstrate the advanced nuclear
fuel system component technologies described in subsection
(c)(1)(A)(ii) and (iii) until 90 days after the report under subsection
(d) has been transmitted to Congress.
(f) Authorization of Appropriations.--
(1) Allocations.--From amounts authorized to be
appropriated under section 951(d)(1) of the Energy Policy Act
of 2005 (42 U.S.C. 16271(d)(1)), there are authorized to be
appropriated to the Secretary to carry out this section such
sums as may be necessary for each of fiscal years 2007 through
2009.
(2) Additional amounts.--There are authorized to be
appropriated to the Secretary to carry out this section such
sums as may be necessary for each of fiscal years 2010 through
2012.
SEC. 5. ADVANCED BATTERY TECHNOLOGIES.
(a) In General.--The Secretary shall carry out a program of
research, development, demonstration, and commercial application for
advanced battery technologies for use in motor vehicles, particularly
for plug-in hybrid motor vehicles.
(b) Objective.--The Secretary shall design the program under this
section to develop technologies that would enable a light-duty, plug-in
hybrid motor vehicle to travel up to 40 miles on battery power alone.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $31,000,000 for fiscal year 2007;
(2) $34,100,000 for fiscal year 2008;
(3) $37,500,000 for fiscal year 2009; and
(4) $41,250,000 for fiscal year 2010.
SEC. 6. ADVANCED BIOFUEL TECHNOLOGIES.
(a) In General.--The Secretary shall carry out a program of
research, development, demonstration, and commercial application for
production of liquid fuels from biomass.
(b) Objectives.--The Secretary shall design the program under this
section to--
(1) develop technologies that would make ethanol produced
from cellulosic feedstocks cost competitive with ethanol
produced from corn by 2012;
(2) conduct research and development on how to apply
advanced genetic engineering and bioengineering techniques to
increase the efficiency and lower the cost of industrial-scale
production of liquid fuels from cellulosic feedstocks; and
(3) conduct research and development on the production of
hydrocarbons other than ethanol from biomass.
(c) Authorization of Appropriations.--From amounts authorized to be
appropriated under section 931(c) of the Energy Policy Act of 2005 (42
U.S.C. 16231(c)), there are authorized to be appropriated to the
Secretary to carry out this section--
(1) $150,000,000 for fiscal year 2007;
(2) $160,000,000 for fiscal year 2008; and
(3) $175,000,000 for fiscal year 2009.
SEC. 7. ADVANCED HYDROGEN STORAGE TECHNOLOGIES.
(a) In General.--The Secretary shall carry out a program of
research, development, demonstration, and commercial application for
technologies to enable practical onboard storage of hydrogen for use as
a fuel for light-duty motor vehicles.
(b) Objective.--The Secretary shall design the program under this
section to develop practical hydrogen storage technologies that would
enable a hydrogen-fueled light-duty motor vehicle to travel 300 miles
before refueling.
(c) Authorization of Appropriations.--In addition to amounts
otherwise authorized to be appropriated, there are authorized to be
appropriated to the Secretary to carry out this section--
(1) $46,000,000 for fiscal year 2007;
(2) $50,000,000 for fiscal year 2008;
(3) $55,000,000 for fiscal year 2009; and
(4) $60,000,000 for fiscal year 2010.
SEC. 8. ADVANCED SOLAR PHOTOVOLTAIC TECHNOLOGIES.
(a) In General.--The Secretary shall carry out a program of
research, development, demonstration, and commercial application for
advanced solar photovoltaic technologies.
(b) Objectives.--The Secretary shall design the program under this
section to develop technologies that would--
(1) make electricity generated by solar photovoltaic power
cost-competitive by 2015; and
(2) enable the widespread use of solar photovoltaic power.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $148,000,000 for fiscal year 2007;
(2) $155,000,000 for fiscal year 2008;
(3) $165,000,000 for fiscal year 2009; and
(4) $180,000,000 for fiscal year 2010.
SEC. 9. ADVANCED WIND ENERGY TECHNOLOGIES.
(a) In General.--The Secretary shall carry out a program of
research, development, demonstration, and commercial application for
advanced wind energy technologies.
(b) Objectives.--The Secretary shall design the program under this
section to--
(1) improve the efficiency and lower the cost of wind
turbines;
(2) minimize adverse environmental impacts; and
(3) develop new small-scale wind energy technologies for
use in low wind speed environments.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $44,000,000 for fiscal year 2007;
(2) $48,400,000 for fiscal year 2008;
(3) $53,240,000 for fiscal year 2009; and
(4) $58,564,000 for fiscal year 2010. | Advanced Energy Initiative Act of 2006 - Instructs the Secretary of Energy to: (1) implement a project to demonstrate the commercial feasibility of advanced clean coal energy technology, including carbon capture and geological sequestration, for electricity generation (FutureGen); and (2) ensure, to the extent practicable, that the project utilizes available advanced clean coal technology, such as coal gasifier technology.
Directs the Secretary to implement research and development programs for advanced nuclear fuel cycle technologies for generating electricity and industrial process heat from nuclear power, including spent fuel recycling, waste minimization, and reduction of radioactivity of final waste products.
Directs the Secretary to develop a comprehensive modeling and simulation capability to enable a thorough analysis of possible advanced nuclear fuel cycle systems, as well as of more than one possible configuration of an advanced nuclear fuel cycle system using the analytical capability so developed.
Requires the Secretary to develop and report to Congress a detailed advanced nuclear fuel cycle system technology plan. Prohibits the Secretary, until 90 days after delivery of such report, from initiating detailed design or construction of any demonstration facility: (1) capable of processing 500 kilograms or more per year of nuclear fuel or spent nuclear fuel; and (2) designed to demonstrate certain advanced nuclear fuel system component technologies.
Instructs the Secretary to implement research and development programs for advanced: (1) battery technologies to use in motor vehicles, particularly plug-in hybrids; (2) biofuel technologies; (3) hydrogen storage technologies; (4) solar photovoltaic technologies; and (5) wind energy technologies. | {"src": "billsum_train", "title": "To authorize research, development, demonstration, and commercial application activities for advanced energy technologies."} | 3,027 | 318 | 0.548062 | 1.701075 | 0.894519 | 4.576159 | 9.334437 | 0.933775 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Commission on
Natural Catastrophe Risk Management and Insurance Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment.
Sec. 4. Membership.
Sec. 5. Duties of the Commission.
Sec. 6. Report.
Sec. 7. Powers of the Commission.
Sec. 8. Commission personnel matters.
Sec. 9. Termination.
Sec. 10. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds that--
(1) Hurricanes Katrina, Rita, and Wilma, which struck the
United States in 2005, caused, by some estimates, in excess of
$200,000,000,000 in total economic losses;
(2) many meteorologists predict that the United States is
in a period of increased hurricane activity;
(3) the Federal Government and State governments have
provided billions of dollars to pay for losses from natural
catastrophes, including hurricanes, earthquakes, volcanic
eruptions, tsunamis, tornados, flooding, wildfires, droughts,
and other natural catastrophes;
(4) many Americans are finding it increasingly difficult to
obtain and afford property and casualty insurance coverage;
(5) some insurers are not renewing insurance policies, are
excluding certain risks, such as wind damage, and are
increasing rates and deductibles in some markets;
(6) the inability of property and business owners in
vulnerable areas to obtain and afford property and casualty
insurance coverage endangers the national economy and public
health and safety;
(7) almost every State in the United States is at risk of a
natural catastrophe, including hurricanes, earthquakes,
volcanic eruptions, tsunamis, tornados, flooding, wildfires,
droughts, and other natural catastrophes;
(8) building codes and land use regulations play an
indispensable role in managing catastrophe risks, by preventing
building in high risk areas and ensuring that appropriate
mitigation efforts are completed where building has taken
place;
(9) several proposals have been introduced in Congress to
address the affordability and availability of natural
catastrophe insurance across the United States, but there is no
consensus on what, if any, role the Federal Government should
play; and
(10) an efficient and effective approach to assessing
natural catastrophe risk management and insurance is to
establish a nonpartisan commission to study the management of
natural catastrophe risk, and to require such commission to
timely report to Congress on its findings.
SEC. 3. ESTABLISHMENT.
There is established a nonpartisan Commission on Natural
Catastrophe Risk Management and Insurance (in this Act referred to as
the ``Commission'').
SEC. 4. MEMBERSHIP.
(a) Appointment.--The Commission shall be composed of 16 members,
of whom--
(1) 2 members shall be appointed by the majority leader of
the Senate;
(2) 2 members shall be appointed by the minority leader of
the Senate;
(3) 2 members shall be appointed by the Speaker of the
House of Representatives;
(4) 2 members shall be appointed by the minority leader of
the House of Representatives;
(5) 2 members shall be appointed by the Chairman of the
Committee on Banking, Housing, and Urban Affairs of the Senate;
(6) 2 members shall be appointed by the Ranking Member of
the Committee on Banking, Housing, and Urban Affairs of the
Senate;
(7) 2 members shall be appointed by the Chairman of the
Committee on Financial Services of the House of
Representatives; and
(8) 2 members shall be appointed by the Ranking Member of
the Committee on Financial Services of the House of
Representatives.
(b) Qualification of Members.--
(1) In general.--Members of the Commission shall be
appointed under subsection (a) from among persons who--
(A) have expertise in insurance, reinsurance,
insurance regulation, policyholder concerns, emergency
management, risk management, public finance, financial
markets, actuarial analysis, flood mapping and
planning, structural engineering, building standards,
land use planning, natural catastrophes, meteorology,
seismology, environmental issues, or other pertinent
qualifications or experience; and
(B) are not officers or employees of the United
States Government or of any State government.
(2) Diversity.--In making appointments to the Commission--
(A) every effort shall be made to ensure that the
members are representative of a broad cross section of
perspectives within the United States; and
(B) each member of Congress described in subsection
(a) shall appoint not more than 1 person from any
single primary area of expertise described in paragraph
(1)(A) of this subsection.
(c) Period of Appointment.--
(1) In general.--Each member of the Commission shall be
appointed for the duration of the Commission.
(2) Vacancies.--A vacancy on the Commission shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(d) Quorum.--
(1) Majority.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number, as determined
by the Commission, may hold hearings.
(2) Approval actions.--All recommendations and reports of
the Commission required by this Act shall be approved only by a
majority vote of all of the members of the Commission.
(e) Chairperson.--The Commission shall, by majority vote of all of
the members, select 1 member to serve as the Chairperson of the
Commission (in this Act referred to as the ``Chairperson'').
(f) Meetings.--The Commission shall meet at the call of its
Chairperson or a majority of the members.
SEC. 5. DUTIES OF THE COMMISSION.
The Commission shall examine the risks posed to the United States
by natural catastrophes, and means for mitigating those risks and for
paying for losses caused by natural catastrophes, including assessing--
(1) the condition of the property and casualty insurance
and reinsurance markets prior to and in the aftermath of
Hurricanes Katrina, Rita, and Wilma in 2005, and the 4 major
hurricanes that struck the United States in 2004;
(2) the current condition of, as well as the outlook for,
the availability and affordability of insurance in all regions
of the country;
(3) the current ability of States, communities, and
individuals to mitigate their natural catastrophe risks,
including the affordability and feasibility of such activities;
(4) the ongoing exposure of the United States to natural
catastrophes, including hurricanes, earthquakes, volcanic
eruptions, tsunamis, tornados, flooding, wildfires, droughts,
and other natural catastrophes;
(5) the catastrophic insurance and reinsurance markets and
the relevant practices in providing insurance protection to
different sectors of the American population;
(6) implementation of a catastrophic insurance system that
can resolve key obstacles currently impeding broader
implementation of catastrophic risk management and financing
with insurance;
(7) the financial feasibility and sustainability of a
national, regional, or other pooling mechanism designed to
provide adequate insurance coverage and increased underwriting
capacity to insurers and reinsurers, including private-public
partnerships to increase insurance capacity in constrained
markets;
(8) methods to promote public insurance policies to reduce
losses caused by natural catastrophes in the uninsured sectors
of the American population;
(9) approaches for implementing a public or private
insurance scheme for low-income communities, in order to
promote risk reduction and insurance coverage in such
communities;
(10) the impact of Federal and State laws, regulations, and
policies (including rate regulation, market access
requirements, reinsurance regulations, accounting and tax
policies, State residual markets, and State catastrophe funds)
on--
(A) the affordability and availability of
catastrophe insurance;
(B) the capacity of the private insurance market to
cover losses inflicted by natural catastrophes;
(C) the commercial and residential development of
high-risk areas; and
(D) the costs of natural catastrophes to Federal
and State taxpayers;
(11) the present and long-term financial condition of State
residual markets and catastrophe funds in high-risk regions,
including the likelihood of insolvency following a natural
catastrophe, the concentration of risks within such funds, the
reliance on post-event assessments and State funding, and the
adequacy of rates;
(12) the role that innovation in financial services could
play in improving the affordability and availability of natural
catastrophe insurance, specifically addressing measures that
would foster the development of financial products designed to
cover natural catastrophe risk, such as risked-linked
securities;
(13) the need for strengthened land use regulations and
building codes in States at high risk for natural catastrophes,
and methods to strengthen the risk assessment and enforcement
of structural mitigation and vulnerability reduction measures,
such as zoning and building code compliance;
(14) the benefits and costs of proposed Federal natural
catastrophe insurance programs (including the Federal
Government providing reinsurance to State catastrophe funds,
private insurers, or other entities), specifically addressing
the costs to taxpayers, tax equity considerations, and the
record of other government insurance programs (particularly
with regard to charging actuarially sound prices);
(15) the ability of the United States private insurance
market--
(A) to cover insured losses caused by natural
catastrophes, including an estimate of the maximum
amount of insured losses that could be sustained during
a single year and the probability of natural
catastrophes occurring in a single year that would
inflict more insured losses than the United States
insurance and reinsurance markets could sustain; and
(B) to recover after covering substantial insured
losses caused by natural catastrophes;
(16) the impact that demographic trends could have on the
amount of insured losses inflicted by future natural
catastrophes;
(17) the appropriate role, if any, for the Federal
Government in stabilizing the property and casualty insurance
and reinsurance markets; and
(18) the role of the Federal, State, and local governments
in providing incentives for feasible risk mitigation efforts.
SEC. 6. REPORT.
On December 1, 2008, the Commission shall submit to the Committee
on Banking, Housing, and Urban Affairs of the Senate and the Committee
on Financial Services of the House of Representatives a final report
containing--
(1) a detailed statement of the findings and assessments
conducted by the Commission pursuant to section 5; and
(2) any recommendations for legislative, regulatory,
administrative, or other actions at the Federal, State, or
local levels that the Commission considers appropriate, in
accordance with the requirements of section 5.
SEC. 7. POWERS OF THE COMMISSION.
(a) Meetings; Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence as the Commission considers necessary to carry out the
purposes of this Act. Members may attend meetings of the Commission and
vote in person, via telephone conference, or via video conference.
(b) Authority of Members or Agents of the Commission.--Any member
or agent of the Commission may, if authorized by the Commission, take
any action which the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--
(1) Authority.--Notwithstanding any provision of section
552a of title 5, United States Code, the Commission may secure
directly from any department or agency of the United States any
information necessary to enable the Commission to carry out
this Act.
(2) Procedure.--Upon request of the Chairperson, the head
of such department or agency shall furnish to the Commission
the information requested.
(d) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, any administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Acceptance of Gifts.--The Commission may accept, hold,
administer, and utilize gifts, donations, and bequests of property,
both real and personal, for the purposes of aiding or facilitating the
work of the Commission. The Commission shall issue internal guidelines
governing the receipt of donations of services or property.
(g) Volunteer Services.--Notwithstanding the provisions of section
1342 of title 31, United States Code, the Commission may accept and
utilize the services of volunteers serving without compensation. The
Commission may reimburse such volunteers for local travel and office
supplies, and for other travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5, United States
Code.
(h) Federal Property and Administrative Services Act of 1949.--
Subject to the Federal Property and Administrative Services Act of
1949, the Commission may enter into contracts with Federal and State
agencies, private firms, institutions, and individuals for the conduct
of activities necessary to the discharge of its duties and
responsibilities.
(i) Limitation on Contracts.--A contract or other legal agreement
entered into by the Commission may not extend beyond the date of the
termination of the Commission.
SEC. 8. COMMISSION PERSONNEL MATTERS.
(a) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(b) Subcommittees.--The Commission may establish subcommittees and
appoint members of the Commission to such subcommittees as the
Commission considers appropriate.
(c) Staff.--Subject to such policies as the Commission may
prescribe, the Chairperson may appoint and fix the pay of such
additional personnel as the Chairperson considers appropriate to carry
out the duties of the Commission. The Commission shall confirm the
appointment of the executive director by majority vote of all of the
members of the Commission.
(d) Applicability of Certain Civil Service Laws.--Staff of the
Commission may be--
(1) appointed without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service; and
(2) paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the
annual rate of basic pay prescribed for GS-15 of the General
Schedule under section 5332 of that title.
(e) Experts and Consultants.--In carrying out its objectives, the
Commission may procure temporary and intermittent services of
consultants and experts under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the daily equivalent
of the annual rate of basic pay prescribed for GS-15 of the General
Schedule under section 5332 of that title.
(f) Detail of Government Employees.--Upon request of the
Chairperson, any Federal Government employee may be detailed to the
Commission to assist in carrying out the duties of the Commission--
(1) on a reimbursable basis; and
(2) such detail shall be without interruption or loss of
civil service status or privilege.
SEC. 9. TERMINATION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 6.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission, such
sums as may be necessary to carry out this Act, to remain available
until expended. | Commission on Natural Catastrophe Risk Management and Insurance Act of 2007 - Establishes the Commission on Natural Catastrophe Risk Management and Insurance to report to Congress on its findings and assessments regarding the risks posed to the United States by natural catastrophes, and means for mitigating those risks and paying for losses caused by such catastrophes.
Requires the Commission to assess: (1) the condition of the property and casualty insurance and reinsurance markets prior to and in the aftermath of Hurricanes Katrina, Rita, and Wilma in 2005, and the four major hurricanes that struck the United States in 2004; (2) the current condition of, as well as the outlook for, the availability and affordability of insurance in all regions of the country; and (3) the current ability of states, communities, and individuals to mitigate their natural catastrophe risks, including the affordability and feasibility of such activities.
Directs the Commission to report its findings and assessments to certain congressional committees on December 1, 2008. | {"src": "billsum_train", "title": "An original bill to establish a nonpartisan commission on natural catastrophe risk management and insurance, and for other purposes."} | 3,349 | 211 | 0.619043 | 1.914036 | 0.869957 | 7.759358 | 17.240642 | 0.957219 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Security Education Program
Enhancement Act of 2004''.
SEC. 2. PROVISION FOR ANNUAL AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Title VIII of the Intelligence Authorization Act
for Fiscal Year 1992 (Public Law 102-183; 105 Stat. 1271), as amended
by section 311(c) of the Intelligence Authorization Act for Fiscal Year
1994 (Public Law 103-178; 107 Stat. 2037), is amended by adding at the
end of section 810 the following new subsection:
``(c) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of Central Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $8,000,000, to carry out the scholarship, fellowship, and grant
programs under subparagraphs (A), (B), and (C), respectively, of
section 802(a)(1).''.
(b) Conforming Amendment.--Section 802(a)(2) of such Act (50 U.S.C.
1902(a)(2)) is amended in the matter preceding subparagraph (A) by
inserting ``or from an appropriation pursuant to the authorization
under section 810(c)''.
SEC. 3. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL
SECURITY EDUCATION PROGRAM.
(a) In General.--Subsection (b)(2) of section 802 of title VIII of
the Intelligence Authorization Act for Fiscal Year 1992 (Public Law
102-183; 105 Stat. 1273), as amended by section 925(a) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117
Stat. 1578), is amended by striking subparagraphs (A) and (B), and
inserting the following:
``(A) in the case of a recipient of a scholarship,
as soon as practicable but in no case later than three
years after the completion by the recipient of the
study for which scholarship assistance was provided
under the program, the recipient shall work for a
period of one year--
``(i) in a national security position that
the Secretary certifies is appropriate to use
the unique language and region expertise
acquired by the recipient pursuant to such
study in the Department of Defense, in any
element of the intelligence community, in the
Department of Homeland Security, or in the
Department of State; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); or
``(B) in the case of a recipient of a fellowship,
as soon as practicable but in no case later than two
years after the completion by the recipient of the
study for which fellowship assistance was provided
under the program, the recipient shall work for a
period equal to the duration of assistance provided
under the program, but in no case less than one year--
``(i) in a position described in
subparagraph (A)(i) that the Secretary
certifies is appropriate to use the unique
language and region expertise acquired by the
recipient pursuant to such study; or
``(ii) in such a position in any other
Federal department or agency not referred to in
clause (i) if the recipient demonstrates to the
Secretary that no position is available in a
Federal department or agency specified in
clause (i); and''.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendment made by subsection (a). In
prescribing such regulations, the Secretary shall establish standards
that recipients of scholarship and fellowship assistance under the
program under such section 802 are required to demonstrate to satisfy
the requirement of a good faith effort to gain employment as required
under subparagraphs (A) and (B) of subsection (b)(2) of such section.
(c) Applicability.--(1) The amendment made by subsection (a) shall
apply with respect to service agreements entered into under the David
L. Boren National Security Education Act of 1991 on or after the date
of the enactment of this Act.
(2) The amendment made by subsection (a) shall not affect the
force, validity, or terms of any service agreement entered into under
the David L. Boren National Security Education Act of 1991 before the
date of the enactment of this Act that is in force as of that date.
SEC. 4. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
(a) Increase in Annual Funding.--Title VIII of the Intelligence
Authorization Act for Fiscal Year 1992 (Public Law 102-183; 105 Stat.
1271), as amended by section 311(c) of the Intelligence Authorization
Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2037) and by
section 333(b) of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107-306; 116 Stat. 2397), is amended by striking
section 811 and inserting the following new section 811:
``SEC. 811. FUNDING FOR THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
``(a) Authorization of Appropriations for Fiscal Years 2003 and
2004.--In addition to amounts that may be made available to the
Secretary under the Fund for a fiscal year, there is authorized to be
appropriated to the Secretary for each fiscal year, beginning with
fiscal year 2003, $10,000,000, to carry out the grant program for the
National Flagship Language Initiative under section 802(a)(1)(D).
``(b) Funding From Intelligence Community Management Account for
Fiscal Years Beginning With Fiscal Year 2005.--In addition to amounts
that may be made available to the Secretary under the Fund for a fiscal
year, the Director of Central Intelligence shall transfer to the
Secretary from amounts appropriated for the Intelligence Community
Management Account for each fiscal year, beginning with fiscal year
2005, $12,000,000, to carry out the grant program for the National
Flagship Language Initiative under section 802(a)(1)(D).
``(c) Availability of Appropriated Funds.--Amounts made available
under this section shall remain available until expended.''.
(b) Requirement for Employment Agreements.--(1) Section 802(i) of
the David L. Boren National Security Education Act of 1991 (50 U.S.C.
1902(i)) is amended by adding at the end the following new paragraph:
``(5)(A) In the case of an undergraduate or graduate student that
participates in training in programs under paragraph (1), the student
shall enter into an agreement described in subsection (b), other than
such a student who has entered into such an agreement pursuant to
subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
``(B) In the case of a student who is an employee of an agency or
department of the Federal Government that participates in training in
programs under paragraph (1), the employee shall agree in writing--
``(i) to continue in the service of the agency or
department of the Federal Government employing the student for
the period of such training;
``(ii) to continue in the service of such agency or
department employing the student following completion of such
training for a period of two years for each year, or part of
the year, of such training;
``(iii) to reimburse the United States for the total cost
of such training (excluding the student's pay and allowances)
provided to the student if, before the completion by the
student of the training, the employment of the student by the
agency or department is terminated due to misconduct by the
recipient or by the recipient voluntarily; and
``(iv) to reimburse the United States if, after completing
such training, the employment of the student by the agency or
department is terminated either by the agency or department due
to misconduct by the student or by the student voluntarily,
before the completion by the student of the period of service
required in clause (ii), in an amount that bears the same ratio
to the total cost of the training (excluding the student's pay
and allowances) provided to the student as the unserved portion
of such period of service bears to the total period of service
under clause (ii).
``(C) Subject to subparagraph (D), the obligation to reimburse the
United States under an agreement under subparagraph (A) is for all
purposes a debt owing the United States.
``(D)(i) A discharge in bankruptcy under title 11, United States
Code, shall not release a person from an obligation to reimburse the
United States under an agreement under subparagraph (A) if the final
decree of the discharge in bankruptcy is issued within five years after
the last day of the combined period of service obligation described in
clauses (i) and (ii) of subparagraph (B).
``(ii) The head of an element of the intelligence community may
release a recipient, in whole or in part, from the obligation to
reimburse the United States under an agreement under subparagraph (A)
when, in the discretion of the head of the element, the head of the
element determines that equity or the interests of the United States so
require.''.
(2) The amendment made by paragraph (1) shall apply to training
that begins on or after the date that is 90 days after the date of the
enactment of this Act.
(c) Increase in the Number of Participating Educational
Institutions.--The Secretary of Defense shall take such steps as the
Secretary determines will increase the number of qualified educational
institutions that receive grants under the National Flagship Language
Initiative to establish, operate, or improve activities designed to
train students in programs in a range of disciplines to achieve
advanced levels of proficiency in those foreign languages that the
Secretary identifies as being the most critical in the interests of the
national security of the United States.
(d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the National
Flagship Language Initiative may support students who pursue total
immersion foreign language studies overseas of foreign languages that
are critical to the national security of the United States.
SEC. 5. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE
STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED
STATES WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) Scholarship Program for English Language Studies for Heritage
Community Citizens of the United States.--(1) Subsection (a)(1) of
section 802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) awarding scholarships to students who--
``(i) are United States citizens who--
``(I) are native speakers (commonly
referred to as heritage community
residents) of a foreign language that
is identified as critical to the
national security interests of the
United States who should be actively
recruited for employment by Federal
security agencies with a need for
linguists; and
``(II) are not proficient at a
professional level in the English
language with respect to reading,
writing, and interpersonal skills
required to carry out the national
security interests of the United
States, as determined by the Secretary,
to enable such students to pursue English
language studies at an institution of higher
education of the United States to attain
proficiency in those skills; and
``(ii) enter into an agreement to work in a
national security position or work in the field
of education in the area of study for which the
scholarship was awarded in a similar manner (as
determined by the Secretary) as agreements
entered into pursuant to subsection
(b)(2)(A).''.
(2) The matter following subsection (a)(2) of such section is
amended--
(A) in the first sentence, by inserting ``or for the
scholarship program under paragraph (1)(E)'' after ``under
paragraph (1)(D) for the National Flagship Language Initiative
described in subsection (i)''; and
(B) by adding at the end the following: ``For the authorization of
appropriations for the scholarship program under paragraph (1)(E), see
section 812.''.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C. 1903(d)(4)(E)) is
amended by inserting before the period the following: ``and section
802(a)(1)(E) (relating to scholarship programs for advanced English
language studies by heritage community residents).''.
(b) Funding.--The David L. Boren National Security Education Act of
1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end the
following new section:
``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE
COMMUNITY RESIDENTS.
``(a) Funding From Intelligence Community Management Account.--In
addition to amounts that may be made available to the Secretary under
the Fund for a fiscal year, the Director of Central Intelligence shall
transfer to the Secretary from amounts appropriated for the
Intelligence Community Management Account for each fiscal year,
beginning with fiscal year 2005, $4,000,000, to carry out the
scholarship programs for English language studies by certain heritage
community residents under section 802(a)(1)(E).
``(b) Availability of Funds.--Amounts made available under
subsection (a) shall remain available until expended.''. | National Security Education Program Enhancement Act of 2004 - Amends the Intelligence Authorization Act for Fiscal Year 1992 to require the Director of Central Intelligence (DCI) to transfer specified amounts to the Secretary of Education from Intelligence Community Management (ICM) appropriations to carry out national security education scholarship, fellowship, and grant programs.
Revises post-education service obligations for such programs to: (1) allow a delay in the commencement of service obligations; (2) require only a one-year obligation for scholarship recipients; and (3) allow service obligations to be served with a variety of Federal agencies.
Requires the DCI to transfer ICM funds to carry out grant programs for the National Flagship Language Initiative (an Initiative for achieving advanced proficiency in languages designated as critical to national security).
Amends the David L. Boren National Security Education Act of 1991 to require students receiving training under the Initiative to enter into service agreements with the intelligence community element providing such training or reimburse the United States.
Directs the Secretary of Defense to take steps to increase the number of qualified educational institutions receiving Initiative grants.
Authorizes the Secretary of Defense to award scholarships to U.S. citizens who are native speakers of languages designated as critical and not proficient at a professional level in English to enable them to pursue English studies. Requires recipients to enter into service agreements. Requires the DCI to transfer ICM funds to carry out such program. | {"src": "billsum_train", "title": "To amend title VIII of the Intelligence Authorization Act for Fiscal Year 1992, as amended, to revise the funding mechanism for scholarships, fellowships, and grants to institutions under the National Security Education Program, and for other purposes."} | 3,159 | 306 | 0.515438 | 1.540466 | 0.715518 | 2.518519 | 10.396296 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Nursing and Patient Care Act of
2001''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Federal Government has a substantial interest in
assuring that delivery of health care services to patients in
health care facilities is adequate and safe.
(2) Research, including a recent study by the Harvard
School of Public Health, documents that higher nurse staffing
levels result in better patient outcomes, yet health care
providers report substantial difficulties in recruiting and
retaining sufficient nursing staff, as evidenced by the
approximately 500,000 licensed nurses who are not practicing
nursing.
(3) While job dissatisfaction and overtime work are
contributing to the departure of nurses from their profession,
as highlighted by a recent report of the Comptroller General of
the United States, health care providers continue to make use
of mandatory overtime as a staffing method.
(4) The widespread practice of requiring nurses to work
extended shifts and forego days off causes nurses to frequently
provide care in a state of fatigue, contributing to medical
errors and other consequences that compromise patient safety.
(5) Limitations on mandatory overtime will ensure that
health care facilities throughout the country operate in a
manner that safeguards public safety and guarantees the
delivery of quality health care services and facilitates the
retention and recruitment of nurses.
SEC. 3. LIMITATIONS ON MANDATORY OVERTIME FOR NURSES.
(a) Provider Agreements.--Section 1866 of the Social Security Act
(42 U.S.C. 1395cc) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (R), by striking ``and'' at the
end;
(B) in subparagraph (S), by striking the period and
inserting ``, and''; and
(C) by inserting after subparagraph (S), the
following:
``(T) to comply with the requirements of subsection (j)
(relating to limitations on mandatory overtime for nurses).'';
and
(2) by adding at the end the following new subsection:
``(j) Limitations on Mandatory Overtime for Nurses.--For purposes
of subsection (a)(1)(T), the requirements of this subsection are the
following:
``(1) Prohibition on mandatory overtime.--Except as
provided in this subsection, a provider of services shall not,
directly or indirectly, require a nurse to work in excess of
any of the following:
``(A) The scheduled work shift or duty period of
the nurse.
``(B) 12 hours in a 24-hour period.
``(C) 80 hours in a consecutive 14-day period.
``(2) Exceptions.--
``(A) In general.--Subject to subparagraph (B), the
requirements of paragraph (1) shall not apply to a
provider of services during a declared state of
emergency if the provider is requested, or otherwise is
expected, to provide an exceptional level of emergency
or other medical services to the community.
``(B) Limitations.--With respect to a provider of
services to which subparagraph (A) applies, a nurse may
only be required to work for periods in excess of the
periods described in paragraph (1) if--
``(i) the provider has made reasonable
efforts to fill the immediate staffing needs of
the provider through alternative means; and
``(ii) the duration of the work requirement
does not extend past the earlier of--
``(I) the date on which the
declared state of emergency ends; or
``(II) the date on which the
provider's direct role in responding to
the medical needs resulting from the
declared state of emergency ends.
``(3) Report of violations.--
``(A) Right to report.--
``(i) In general.--A nurse may file a
complaint with the Secretary against a provider
of services who violates the provisions of this
subsection.
``(ii) Procedure.--The Secretary shall
establish a procedure under which a nurse may
file a complaint under clause (i).
``(B) Investigation of complaint.--The Secretary
shall investigate complaints of violations filed by a
nurse under subparagraph (A).
``(C) Actions.--If the Secretary determines that a
provider of services has violated the provisions of
this subsection, the Secretary shall require the
provider to establish a plan of action to eliminate the
occurrence of such violation, and may seek civil money
penalties under paragraph (7).
``(4) Nurse nondiscrimination protections.--
``(A) In general.--A provider of services shall not
penalize, discriminate, or retaliate in any manner with
respect to any aspect of employment, including
discharge, promotion, compensation, or terms,
conditions, or privileges of employment against a nurse
who refuses to work mandatory overtime or who in good
faith, individually or in conjunction with another
person or persons--
``(i) reports a violation or suspected
violation of this subsection to a public
regulatory agency, a private accreditation
body, or the management personnel of the
provider of services;
``(ii) initiates, cooperates, or otherwise
participates in an investigation or proceeding
brought by a regulatory agency or private
accreditation body concerning matters covered
by this subsection; or
``(iii) informs or discusses with other
employees, with representatives of those
employees, or with representatives of
associations of health care professionals,
violations or suspected violations of this
subsection.
``(B) Retaliatory reporting.--A provider of
services may not file a complaint or a report against a
nurse with the appropriate State professional
disciplinary agency because the nurse refused to comply
with a request to work mandatory overtime.
``(C) Good faith.--For purposes of this paragraph,
a nurse is deemed to be acting in good faith if the
nurse reasonably believes--
``(i) that the information reported or
disclosed is true; and
``(ii) that a violation has occurred or may
occur.
``(5) Notice.--
``(A) Requirement to post notice.--Each provider of
services shall post conspicuously in an appropriate
location a sign (in a form specified by the Secretary)
specifying rights of nurses under this section.
``(B) Right to file complaint.--Such sign shall
include a statement that a nurse may file a complaint
with the Secretary against a provider of services who
violates the provisions of this subsection and
information with respect to the manner of filing such a
complaint.
``(6) Posting of nurse schedules.--A provider of services
shall regularly post in a conspicuous manner the nurse
schedules (for such periods of time that the Secretary
determines appropriate by type or class of provider of
services) for the department or unit involved, and shall make
available upon request to nurses assigned to the department or
unit the daily nurse schedule for such department or unit.
``(7) Civil money penalty.--
``(A) In general.--The Secretary may impose a civil
money penalty of not more than $10,000 for each knowing
violation of the provisions of this subsection
committed by a provider of services.
``(B) Patterns of violations.--Notwithstanding
subparagraph (A), the Secretary shall provide for the
imposition of more severe civil money penalties under
this paragraph for providers of services that establish
patterns of repeated violations of such provisions.
``(C) Administration of penalties.--The provisions
of section 1128A (other than subsections (a) and (b))
shall apply to a civil money penalty under this
paragraph in the same manner as such provisions apply
to a penalty or proceeding under section 1128A(a).
The Secretary shall publish on the Internet site of the
Department of Health and Human Services the names of providers
of services against which civil money penalties have been
imposed under this paragraph, the violation for which the
penalty was imposed, and such additional information as the
Secretary determines appropriate. With respect to a provider of
services that has had a change in ownership, as determined by
the Secretary, penalties imposed on the provider of services
while under previous ownership shall no longer be published by
the Secretary on such Internet site after the 1-year period
beginning on the date of change in ownership.
``(8) Rule of construction.--Nothing in this subsection
shall be construed as precluding a nurse from voluntarily
working more than any of the periods of time described in
paragraph (1) so long as such work is done consistent with
professional standards of safe patient care.
``(9) Definitions.--In this subsection:
``(A) Mandatory overtime.--The term `mandatory
overtime' means hours worked in excess of the periods
of time described in paragraph (1), except as provided
in paragraph (2), pursuant to any request made by a
provider of services to a nurse which, if refused or
declined by the nurse involved, may result in an
adverse employment consequence to the nurse, including
discharge, discipline, loss of promotion, or
retaliatory reporting of the nurse to the State
professional disciplinary agency involved.
``(B) Overtime.--The term `overtime' means time
worked in excess of the periods of time described in
paragraph (1).
``(C) Nurse.--The term `nurse' means a registered
nurse or a licensed practical nurse.
``(D) Provider of services.--The term `provider of
services' means--
``(i) a hospital,
``(ii) a hospital outpatient department,
``(iii) a critical access hospital,
``(iv) an ambulatory surgical center,
``(v) a home health agency,
``(vi) a rehabilitation agency,
``(vii) a clinic, including a rural health
clinic, or
``(viii) a Federally qualified health
center.
``(E) Declared state of emergency.--The term
`declared state of emergency' means an officially
designated state of emergency that has been declared by
the Federal Government or the head of the appropriate
State or local governmental agency having authority to
declare that the State, county, municipality, or
locality is in a state of emergency, but does not
include a state of emergency that results from a labor
dispute in the health care industry or consistent
understaffing.
``(F) Standards of safe patient care.--The term
`standards of safe patient care' means the recognized
professional standards governing the profession of the
nurse involved.''.
(b) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of enactment of this Act.
SEC. 4. REPORTS.
(a) Standards on Safe Working Hours for Nurses.--
(1) Study.--The Secretary of Health and Human Services,
acting through the Director of the Agency for Healthcare
Research and Quality, shall conduct a study to establish
appropriate standards for the maximum number of hours that a
nurse, who furnishes health care to patients, may work without
compromising the safety of such patients. Such standards may
vary by provider of service and by department within a provider
of services, by duties or functions carried out by nurses, by
shift, and by other factors that the Director determines
appropriate. The Director may contract with an eligible entity
or organization to carry out the study under this paragraph.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under paragraph (1), and shall
include recommendations for such appropriate standards of
maximum work hours.
(b) Report on Mandatory Overtime in Federally Operated Medical
Facilities.--
(1) Study.--
(A) In general.--The Director of the Office of
Management and Budget shall conduct a study to
determine the extent to which federally operated
medical facilities have in effect practices and
policies with respect to overtime requirements for
nurses that are inconsistent with the provisions of
section 1866(j) of the Social Security Act, as added by
section 3.
(B) Federally operated medical facilities
defined.--In this subsection, the term ``federally
operated medical facilities'' means acute care
hospitals, freestanding clinics, and home health care
clinics that are operated by the Department of Veterans
Affairs, the Department of Defense, or any other
department or agency of the United States.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Director of the Office of Management
and Budget shall submit to Congress a report on the study
conducted under paragraph (1) and shall include recommendations
for the implementation of policies within federally operated
medical facilities with respect to overtime requirements for
nurses that are consistent with such section 1866(j), as so
added. | Safe Nursing and Patient Care Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to place limitations on the mandatory overtime hours a nurse may be required to work in certain providers of services. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to provide for patient protection by limiting the number of mandatory overtime hours a nurse may be required to work in certain providers of services to which payments are made under the medicare program."} | 2,800 | 53 | 0.508176 | 1.223955 | 0.651534 | 3.181818 | 60.181818 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hanford Reach National Salmon
Preserve and Recreational Area Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The 51-mile stretch of the Columbia River, known as the
``Hanford Reach'', provides 80 percent of the fall Chinook
salmon in the river system, critical habitat for wildlife, a
high-quality waterfowl sanctuary, as well as numerous scenic,
historic, and recreational opportunities for the public.
(2) In 1996 Congress, through Public Law 104-333,
prohibited damming, dredging, channeling, or other such
activities along the Hanford Reach in order to help preserve
and protect the unique environmental benefits of the region.
(3) The lands surrounding the Hanford Reach area of the
Columbia River, Washington, should be properly managed in order
to protect plant, fish, wildlife, cultural, recreational, and
scenic resources, while preserving access to these lands.
(4) Recognizing the unique and pristine values of the area,
local citizens in cooperation with Federal and State
authorities have developed a comprehensive protection plan
which has enhanced salmon habitat along the Hanford Reach. This
plan, known as the Vernita Bar Agreement, has preserved the
free flowing, riparian character of the Hanford Reach, and
serves as a blueprint for further successful management along
the Columbia River.
(5) Although dozens of local, State, and Federal
environmental protection and management laws and regulations
exist for the Hanford Reach, management efforts can be better
integrated and can lead to more efficient use of public
resources and improved habitat and recreation management.
(6) Inasmuch as Federal financial resources are
constrained, joint partnerships among Federal, State, and local
entities can provide long-term habitat and wildlife management,
maintain recreational opportunities, and develop a responsible
and environmentally sound management plan for the Hanford
Reach.
(7) The people and the governments of Benton, Franklin, and
Grant Counties desire to enter into such a partnership with the
State of Washington and the United States to ensure the
continued protection of plant, fish, wildlife, cultural,
recreational, and scenic resources on the lands surrounding the
Hanford Reach.
(8) Such a cooperative partnership will provide a forum for
public input from the entire region and ensure the long-term
protection of the river as wild, scenic, and accessible.
(9) Congress recommends the formation of a commission, with
Federal, State and local members, to manage the Reach in
accordance with the above goals.
(10) The commission will be structured to ensure that each
entity will have equal standing to make or reject management
decisions.
SEC. 3. PURPOSE.
The purpose of this Act is to protect and enhance the plant
resources, fish and wildlife resources, cultural resources,
recreational access and other uses of the Hanford Reach through a joint
partnership with Federal, State and local governments.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Commission.--The term ``Commission'' means the Hanford
Reach Protection and Management Commission.
(2) Hanford reach.--The term ``Hanford Reach'' refers to
the portion of the Columbia River from river mile 353 to river
mile 392.
(3) Hanford site.--The term ``Hanford Site'' means the
property represented as ``Department of Energy'' under the Land
Status Legend on the Bureau of Land Management topographic map
of Priest Rapids, Washington, Edition-1991.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 5. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS.
(a) Authority.--As soon as practicable after the date of the
enactment of this Act, the Secretary for no consideration shall convey
to the governmental entities referred to in subsection (c) all right,
title, and interest of the United States in and to the properties
described in subsection (c).
(b) Environmental Safety.--The conveyance made under subsection (c)
shall be made only after the Administrator of the Environmental
Protection Agency certifies to the Secretary that--
(1) the properties described in section 5(c) are clean of
hazardous, toxic, or radioactive materials or substances;
(2) all corrective, remedial, or response actions have been
completed; and
(3) all obligations of the Secretary at the Hanford Site
under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and other
applicable laws have been fulfilled.
(c) Conveyance to the State of Washington.--The Secretary shall
convey to the State of Washington the property that consists of the
portion of the Hanford Site that runs along both banks of the Columbia
River and lies within the one quarter mile to the north of the mean
high water mark on the north bank of the Columbia River, and that lies
within the one quarter mile to the south of the mean high water mark on
the south bank of the Columbia River.
(d) Water Rights and Utility Easements.--The conveyances under
subsection (c) shall be made subject to all existing water rights and
all easements and rights of any public and private utility districts
which operate and maintain transmission and generation facilities along
the lands described under section 5.
SEC. 6. DESIGNATION OF THE HANFORD REACH CORRIDOR.
Upon passage of this Act, the lands conveyed under section 5(c) and
the Columbia River corridor adjacent to such lands shall be referred to
the ``Hanford Reach National Salmon Preserve and Recreational Area.''
SEC. 7. ESTABLISHMENT OF HANFORD REACH PROTECTION AND MANAGEMENT
COMMISSION.
Not later than 6 months after the conveyances under section 5(b)(1)
are made, the Department of Energy and the State of Washington shall
enter into a written joint agreement with the governments of Benton,
Franklin, and Grant Counties to establish the Hanford Reach Protection
and Management Commission as follows:
(1) Membership appointment.--The Commission shall be
composed of 9 members. As soon as practicable, but not more
than 6 months after the date of the enactment of this Act, the
members shall be appointed as follows:
(A) Local panel.--
(i) One member who shall be a resident of
Benton County, appointed by the government of
such county.
(ii) One member who shall be a resident of
Franklin County, appointed by the government of
such county.
(iii) One member who shall be a resident of
Grant County, appointed by the government of
such county.
(B) State panel.--Three members who shall each be
residents of the State of Washington, appointed by the
Governor of the State of Washington.
(C) Federal panel.--
(i) One Member who shall be a resident of
the State of Washington, appointed by the
Secretary of Energy.
(ii) One member who shall be a resident of
the State of Washington, appointed by the
Secretary of the Interior.
(iii) One member who shall be a resident of
the State of Washington, appointed by the
Bureau of Indian Affairs.
(2) Voting requirements.--Each issue before the Commission
shall be deemed approved only if a majority of each panel has
voiced approval.
(3) Nonvoting members.--The Commission should seek the
advice and technical expertise from state and Federal agencies,
public utility districts, irrigators, academics, biologists,
and others, on matters before the Commission.
(4) Terms of office.--The length of the terms of office of
the members appointed under paragraph (1) shall not exceed 4
years. Terms shall be staggered within each panel.
(5) Vacancy.--Any vacancy that may occur prior to the
expiration of a member's term shall be filled for the balance
of such term by appointment made by the entity which appointed
the vacating member.
(6) Establishment of commission authority.--As soon as
practicable after the appointment of a majority of the members
of the Commission, such members shall be authorized to convene
meetings of the Commission and to adopt rules and provisions
governing the administration, voting, meeting, terms of
service, and finances of the Commission. The first meeting
shall be held no later than 1 year from the date of the
establishment of the Commission.
(7) Development of hanford reach protection and management
plan.--
(A) The primary duty of the Commission shall be to
develop and implement a plan to manage the lands
conveyed pursuant to section 5(c) consistent with the
purposes of this Act.
(B) From the date the conveyances under section
5(c) are made until such time as a permanent protection
and management plan is approved by the Commission, the
lands conveyed pursuant to such section shall be
managed under an interim management plan approved by
the governments of Benton, Franklin, and Grant
Counties, which shall be consistent with the purposes
of this Act.
(8) Use of federal resources authorized.--The Secretary of
the Interior may enter into agreements with the State of
Washington and the governments of Benton, Franklin, and Grant
Counties to allow the utilization of personnel, and the
provision of technical and financial assistance from the United
States Fish and Wildlife Service to assist the county
governments in the administration and management of the lands
transferred under this Act. | Hanford Reach National Salmon Preserve and Recreational Area Act - Directs the Secretary of Energy to convey to the State of Washington a specified portion of the Hanford Site, an area of property along the Columbia River in Washington. Allows such conveyance only after the Administrator of the Environmental Protection Agency has made specified certifications to the Secretary with respect to the appropriate environmental cleanup of such area.
Designates such lands and the Columbia River corridor adjacent to such lands as the Hanford Reach National Salmon Preserve and Recreational Area.
Directs the Department of Energy and the State of Washington to enter into a joint agreement with Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission, which shall develop and implement a plan to manage the lands conveyed by the Secretary in order to protect and enhance plant, fish and wildlife, and cultural resources, as well as recreational access to, and other uses of, Hanford Reach (a specified stretch of the Columbia River). | {"src": "billsum_train", "title": "Hanford Reach National Salmon Preserve and Recreational Area Act"} | 2,035 | 212 | 0.602761 | 1.834315 | 0.664922 | 4.182796 | 10.247312 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Construction Private
Investment Act of 1993''.
SEC. 2. INCLUSION OF INTERSTATE SYSTEM IN TOLL ROAD PROGRAM.
Section 129(a)(1) of title 23, United States Code, is amended--
(1) in subparagraph (A) by striking ``(other than a
highway, bridge, or tunnel on the Interstate System)''; and
(2) in subparagraph (D) by striking ``(other than a highway
on the Interstate System)''.
SEC. 3. MINIMUM OBLIGATIONS FOR PRIVATELY FINANCED TOLL FACILITIES.
Section 129 of title 23, United States Code, is amended by adding
at the end the following new subsection:
``(e) Private Participation in Financing of Toll Facilities.--
``(1) Minimum obligations.--
``(A) General rule.--In order not to have funds
withheld under paragraph (2), each State shall enter
into in each fiscal year beginning after September 30,
1993, under subsection (a) contracts with private
persons to finance construction of toll facilities
which require the private persons to obligate under
such contracts in the aggregate an amount equal to or
exceeding the State's aggregate apportionment amount
for such fiscal year.
``(B) Aggregate apportionment amount defined.--As
used in this subsection, the term `aggregate
apportionment amount' means--
``(i) in the case of fiscal year 1994, 15
percent of the aggregate amount of funds
apportioned to the State for fiscal year 1994
under sections 104, 144, 157, and 160 of this
title and sections 1013(c) and 1015 of the
Intermodal Surface Transportation Efficiency
Act of 1991;
``(ii) in the case of fiscal year 1995, 20
percent of the aggregate amount of funds
apportioned to the State for fiscal year 1995
under such sections; and
``(iii) in the case of fiscal year 1996 and
thereafter, 25 percent of the aggregate amount
of funds apportioned to the State for the
fiscal year under such sections.
``(2) Withholding of apportionments.--
``(A) In general.--If a State does not enter into
contracts described in paragraph (1) in a fiscal year
which require private persons to obligate under such
contracts an aggregate amount equal to or exceeding the
State's aggregate apportionment for such fiscal year,
the Secretary shall withhold from apportionment under
sections 104, 144, 157, and 160 of this title and
sections 1013(c) and 1015 of the Intermodal Surface
Transportation Efficiency Act of 1991 on the first day
of the succeeding fiscal year an amount equal to the
difference between the aggregate apportionment amount
and the amount required to be obligated under such
contracts.
``(B) Treatment.--The amount to be withheld from
apportionment to a State under subparagraph (A) shall
be withheld proportionately from each of the
apportionments to the State under the sections referred
to under subparagraph (A).
``(3) Obligation authority.--
``(A) Treatment of withheld apportionments;
corresponding obligation authority.--For purposes of
imposition of any limitation on obligations for
Federal-aid highways and highway safety construction
programs, funds withheld from apportionment to a State
under paragraph (2) for a fiscal year shall be treated
as having been apportioned to the State for the fiscal
year; except that obligation authority under such
limitation corresponding to the funds so withheld from
apportionment shall be distributed in accordance with
subparagraph (B).
``(B) Distribution of obligation authority.--
Obligation authority corresponding to funds withheld
from apportionment under paragraph (2) shall be--
``(i) distributed to the State from which
such funds were withheld if the Secretary finds
under paragraph (4) that the State made good
faith efforts to enter into contracts described
in paragraph (1); or
``(ii) distributed proportionately among
the States to which such funds are apportioned
under paragraph (5) if the Secretary does not
make such a finding.
``(4) Apportionment of withheld funds.--If, before October
31 of such fiscal year, a State from which funds are withheld
from apportionment for a fiscal year under paragraph (2)
demonstrates to the satisfaction of the Secretary that it used
good faith efforts to enter into contracts described in
paragraph (1) in the preceding fiscal year which require
private persons to obligate an aggregate amount which equals or
exceeds the State's aggregate apportionment amount for such
fiscal year, the Secretary shall apportion, on the date of
making such finding, to the State the withheld funds.
``(5) Reapportionment of withheld funds.--
``(A) In general.--If, before October 31 of a
fiscal year, the Secretary does not find that a State
made the good faith efforts referred to in paragraph
(4), the Secretary shall apportion, not later than
November 10 of such fiscal year, the funds withheld
from apportionment to the State among those States
which entered into contracts described in paragraph (1)
in the preceding fiscal year which required private
persons to obligate an aggregate amount exceeding those
State's respective aggregate apportionment amounts for
such fiscal year. Such funds shall be apportioned among
such States so that each of such States is apportioned
an amount determined by multiplying the amount of funds
withheld from apportionment and the quotient of--
``(i) the percentage by which--
``(I) the aggregate amount which
was actually required to be obligated
by private persons under contracts
described in paragraph (1) and entered
into in the preceding fiscal year with
the State for which determination is
being made; exceeds
``(II) the aggregate apportionment
amount for the preceding fiscal year of
the State for which the determination
is being made; divided by
``(ii) the aggregate of all such
percentages for all such States.
``(B) Transfer to stp apportionment.--Subject to
subparagraph (C), the Secretary shall transfer amounts
apportioned to a State under this paragraph to the
apportionment of such State under section 104(b)(3) for
the surface transportation program.
``(C) Limitation on applicability of certain
requirements of stp program.--The following provisions
of section 133 of this title shall not apply to the
amounts transferred under subparagraph (B) to the
apportionment of the State for the surface
transportation program:
``(i) Subsection (d)(1).
``(ii) Subsection (d)(2).
``(iii) Subsection (d)(3).''. | Highway Construction Private Investment Act of 1993 - Directs the Secretary of Transportation to permit Federal participation in initial construction of any toll highway, bridge, or tunnel on the Interstate System and in the reconstruction of a toll-free Federal-aid highway on the Interstate System and its conversion to a toll facility.
Requires each State, to avoid having specified Federal highway funds withheld from apportionment, to enter into contracts with private persons to finance construction of toll facilities which require such persons to obligate under such contracts, in the aggregate, an amount equal to or exceeding the State's aggregate apportionment amount for the fiscal year.
Sets forth provisions regarding the reapportionment of withheld funds. | {"src": "billsum_train", "title": "Highway Construction Private Investment Act of 1993"} | 1,556 | 154 | 0.677454 | 1.872137 | 0.651327 | 3.310078 | 10.457364 | 0.891473 |
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