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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities Building Access Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Two models of community programs for the uninsured have
emerged as effective in generating community support and
funding in urban and rural areas; in providing effective care
and coverage for the uninsured; in avoiding displacement of
private coverage; and in avoiding duplication of other Federal
programs for the uninsured.
(2) These community models have demonstrated community-wide
economic benefit. Employers in the community experience less
health care cost-shifting, in addition to increased
productivity and employee retention. With greater emphasis on
preventive and chronic care, a community's uninsured population
becomes less of a financial burden on State and local budgets.
(3) These community models have demonstrated potential
national solutions for certain uninsured populations, including
the working uninsured. Such lessons learned from these models
include, for example, the level of subsidy necessary to get
small employers to purchase coverage for their employees, how
to effectively market access programs to the uninsured, and how
to effectively manage chronic care among lower-income
populations.
(4) These community models have succeeded in raising much
of the funding necessary to function, but have lacked financial
stability and would enjoy greater success with a stable partial
funding stream from the Federal Government.
(5) These community models, if involved in a Federal
partnership, have the ability and willingness to be accountable
for a return on investment for Federal funding, and to
disseminate expertise to like-minded communities.
SEC. 3. GRANTS FOR MULTI-SHARE HEALTH CARE COVERAGE PROJECTS FOR
UNINSURED WORKING INDIVIDUALS.
Subpart I of 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:
``SEC. 330M. MULTI-SHARE HEALTH CARE COVERAGE PROJECTS FOR UNINSURED
WORKING INDIVIDUALS.
``(a) In General.--The Secretary shall make grants to public or
nonprofit private entities to carry out demonstration projects for the
purpose of--
``(1) making available, on a cost-sharing basis as
described in subsection (c)(2)(C), health care coverage to
qualifying employees through employers that have not
contributed to health care benefits for employees during the
12-month period prior to participating in such a project; and
``(2) making available, on such basis, health care coverage
to qualifying self-employed individuals who have been without
such coverage during the 12-month period prior to participating
in such a project.
``(b) Qualifying Employees and Self-Employed Individuals.--For
purposes of this section, the term `qualifying', with respect to an
employee or self-employed individual, means that the employee or self-
employed individual is not eligible for health services under the
program under title XVIII, XIX, or XXI of the Social Security Act
(relating to the Medicare program, the Medicaid program, and the State
children's health insurance program, respectively).
``(c) Requirements for Grant.--
``(1) In general.--A grant may be made under subsection (a)
for a project only if the applicant involved--
``(A) has defined a service area for the project;
``(B) has formed a consortium of entities in such
service area, which consortium is composed of employers
whose employees may or may not be served by the
project, health care providers who will provide
services through the project, and other appropriate
entities;
``(C) has ensured that the consortium has
established a set of unified goals for the project;
``(D) has conducted a basic level of demographic
research to obtain data on the uninsured businesses,
working uninsured, and provider community within the
service area in order to determine the potential value
and effectiveness of operating such a project, which
data includes--
``(i) the rate of uncompensated care;
``(ii) the number of women lacking prenatal
services;
``(iii) immunization rates; and
``(iv) the number of employers that do not
provide health insurance to their employees;
and
``(E) has conducted a basic evaluation of State
health insurance and local laws that might impact the
implementation of the project.
``(2) Agreements.--A grant may be made under subsection (a)
for a project only if the applicant involved agrees as follows:
``(A) Eligibility criteria will be established for
employers to participate in the project, including the
requirement that the employers be located within the
service area defined under paragraph (1)(A) for the
project, which may include--
``(i) a maximum average income earned by
the employees of the business;
``(ii) criteria, in addition to the 12-
month periods under subsection (a), to avoid
creating any incentive for an employer or self-
employed individual to discontinue health plans
or health insurance policies; and
``(iii) such other criteria as the
consortium under paragraph (1)(B) considers to
be appropriate.
``(B) A network of health care providers will be
formed to provide services to qualifying employees and
self-employed individuals who participate in the
project, which services will be provided according to a
schedule of fees and copayments negotiated by the
project.
``(C) Of the cost of providing health care coverage
through the project--
``(i) not more than 30 percent will be paid
by the project with funds from the grant; and
``(ii) not less than 70 percent will be
paid by the employer, the employee, and any
additional sources of funds (such as the
community in which the project is located) that
may be available pursuant to arrangements with
the project.
``(D) A minimum benefit package will be selected
that includes--
``(i) physicians services;
``(ii) prescription drug benefits;
``(iii) in-patient hospital services;
``(iv) out-patient services;
``(v) emergency room visits;
``(vi) emergency ambulance services; and
``(vii) diagnostic laboratory tests and x-
rays.
With respect to compliance with the agreement under
this subparagraph, the project is not required to
provide coverage for any service performed outside the
service area of the project, except to the extent that
a service specified in any of clauses (i) through (vii)
is not reasonably available within the service area.
``(E) The minimum benefit package will not exclude
coverage of a medical condition on the basis that it is
a pre-existing condition.
``(F) An entity will be selected by the consortium
under paragraph (1)(B) to carry out administrative and
accounting functions with respect to the health care
coverage to be offered by the project, including
monthly billings, verification and enrollment of
eligible employers and employees, maintenance of
membership rosters, operation of the utilization
management program under subparagraph (G), and
development of a marketing plan.
``(G) A utilization management program will be
selected that ensures delivery of care in the
appropriate setting, using appropriate resources and
clinical practice guidelines.
``(H) A plan will be implemented for measuring
quality and efficiency of care provided through the
project within 2 years after the project begins
operation.
``(I) A plan will be implemented for managing care
for enrollees with chronic illness, as well as
additional cost-control initiatives that will be
employed by the project within 2 years after the
project begins operation.
``(J) A plan will be implemented for protecting the
project from high risks, which may include affiliation
with State high-risk pool or local safety net program,
and purchase of reinsurance.
``(K) A plan will be implemented for evaluating the
project on an interim basis, not less frequently than
annually.
``(d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
``(e) Authorization of Appropriations.--For the purpose of making
grants under subsection (a), there is authorized to be appropriated
$36,000,000 in the aggregate for the fiscal years 2010 through 2016, of
which there are authorized to be appropriated amounts as follows:
``(1) For fiscal year 2010, $2,000,000.
``(2) For each of the fiscal years 2011 and 2012,
$5,000,000.
``(3) For each of the fiscal years 2013 through 2016,
$6,000,000.
``SEC. 330N. GRANTS FOR VOLUNTEER SPECIALTY PROVIDER NETWORKS.
``(a) In General.--The Secretary shall make grants to public or
nonprofit private entities to carry out demonstration projects for the
purpose of forming and maintaining networks composed of health care
specialists who volunteer health services to eligible individuals.
``(b) Eligible Individuals.--For purposes of this section, the term
`eligible individual' means an individual who has been enrolled by a
project under subsection (a) and--
``(1) whose employer does not provide health care coverage;
``(2) is unable to obtain health care coverage through a
family member or common law partner;
``(3) is at or below a poverty level specified by the
Secretary; and
``(4) is not eligible for health services under the program
under title XVIII, XIX, or XXI of the Social Security Act
(relating to the Medicare program, the Medicaid program, and
the State children's health insurance program, respectively).
``(c) Qualified Grant Expenditures.--A grant may be made under
subsection (a) for a project only if the applicant involved agrees that
the grant will be expended to assist specialists that are participants
in the network involved through any or all of the following means:
``(1) Paying nominal administrative fees to the
participants for the costs of providing services to eligible
individuals.
``(2) Assisting with the cost of training primary care
practitioners to manage the chronic conditions that are most
often treated by the network specialists.
``(3) Assisting participants with the costs of providing
fees to recruit specialists to practice in the service area of
the project.
``(4) Assisting with the costs of operating a community
clinic staffed by volunteer network specialists.
``(5) Assisting participants with the costs of installing
or operating information technology that is of benefit to
patients, such as technology to avoid medical errors or to
facilitate the authorized electronic transfer of the health
records of eligible individuals.
``(6) Paying for necessary prescription drug costs for
necessary treatment prescribed by network specialists.
``(7) Such additional means as the Secretary may authorize.
``(d) Certain Requirements for Grant.--A grant may be made under
subsection (a) for a project only if the applicant involved--
``(1) has defined a service area for the project;
``(2) has formed a consortium of various community members,
leaders, and organizations in such area;
``(3) has ensured that the consortium has established a set
of unified goals for the project;
``(4) has conducted the basic level of demographic research
described in section 330M(c)(1)(D);
``(5) has a plan for managing the care of eligible
individuals with chronic illness; and
``(6) has a plan for evaluating the project on an interim
basis, not less frequently than once each year.
``(e) Matching Funds.--
``(1) In general.--With respect to the costs of the project
to be carried out under subsection (a) by an applicant, a grant
under such subsection may be made only if the applicant agrees
to make available (directly or through donations from public or
private entities) non-Federal contributions toward such costs
in an amount that is not less than \1/3\ of such costs ($1 for
each $2 provided in the grant).
``(2) Determination of amount contributed.--Non-Federal
contributions required in paragraph (1) may be in cash or in
kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
``(f) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
``(g) Authorization of Appropriations.--For the purpose of making
grants under subsection (a), there is authorized to be appropriated
$9,000,000 in the aggregate for the fiscal years 2010 through 2016, of
which there are authorized to be appropriated amounts as follows:
``(1) For each of the fiscal years 2010 and 2011, $500,000.
``(2) For each of the fiscal years 2012 and 2013,
$1,000,000.
``(3) For each of the fiscal years 2014 through 2016,
$2,000,000.
``SEC. 330O. CLEARINGHOUSE FOR INFORMATION ON COMMUNITY-INITIATED
PROJECTS TO PROVIDE HEALTH CARE COVERAGE TO UNINSURED
INDIVIDUALS.
``(a) In General.--The Secretary shall make an award of a grant or
contract for the establishment and operation of a clearinghouse to
collect and make available, on a national basis, information on
projects under sections 330M and 330N and similar projects that are
community-initiated (referred to in this section as `access projects').
``(b) Certain Requirements.--The Secretary shall ensure that the
information collected and made available under subsection (a) by the
Clearinghouse includes the following:
``(1) A database identifying technical-assistance experts
who are or have been involved in the planning or operation of
access projects.
``(2) Information regarding the success and progress of
access projects, including--
``(A) information on best-practices identified for
such projects;
``(B) the number of individuals who lacked health
care coverage prior to receiving such coverage through
the projects;
``(C) the number of individuals served by the
projects who have chronic conditions that are managed
by the projects;
``(D) the economic impact of the projects for
businesses in the communities in which the projects
operated; and
``(E) the savings of hospitals and other health
care providers in such communities that resulted from
the operation of the projects.
``(c) Application.--An award may be made under subsection (a) only
if an application for the award is submitted to the Secretary and the
application is in such form, is made in such manner, and contains such
agreements, assurances, and information as the Secretary determines to
be necessary to carry out this section.
``(d) Solicitation of Reports.--The Secretary may carry out a
program to encourage public and private entities that plan or operate
access projects to submit to the Clearinghouse reports that provide
information on the projects.
``(e) Definition.--For purposes of this section, the term
`Clearinghouse' means the clearinghouse under subsection (a).
``(f) Authorization of Appropriation.--For the purpose of making
awards under subsection (a), there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 2010 through
2016.''. | Communities Building Access Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to make grants to public or nonprofit private entities to carry out demonstration projects for the purpose of making health care coverage available, on a cost-sharing basis, to: (1) employees through employers that have not contributed to health care benefits for employees during the prior 12 months; and (2) self-employed individuals who have been without such coverage during the prior 12 months.
Requires the Secretary to make matching grants to public or nonprofit private entities to carry out demonstration projects for the purpose of forming and maintaining networks composed of health care specialists who volunteer health services to eligible individuals.
Directs the Secretary to make an award of a grant or contract for the establishment and operation of a clearinghouse for information on demonstration projects under this Act and similar projects that are community initiated. Allows the Secretary to carry out a program to encourage public and private entities that plan or operate such projects to submit information to the clearinghouse. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for community projects that will reduce the number of individuals who are uninsured with respect to health care, and for other purposes."} | 3,470 | 213 | 0.50154 | 1.460437 | 0.728371 | 5.589109 | 16.50495 | 0.955446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm to School Act of 2015''.
SEC. 2. ACCESS TO LOCAL FOODS: FARM TO SCHOOL PROGRAM.
Section 18(g) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1769(g)) is amended--
(1) in paragraph (1)--
(A) by striking the paragraph designation and
heading and all that follows through ``In this
subsection, the'' and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Agricultural producer.--The term
`agricultural producer' means a farmer, rancher, or
fisher (including of farm-raised fish).
``(B) Eligible school.--The''; and
(B) in subparagraph (B) (as so redesignated), by
inserting ``, including the summer food service program
for children under section 13 and the early care and
afterschool portions of the child and adult care food
program under section 17,'' after ``under this Act'';
(2) in paragraph (2), by striking ``and nonprofit entities
through grants and technical assistance'' and inserting ``land-
grant colleges and universities, and nonprofit entities through
grants, technical assistance, and research'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) in clause (i), by inserting ``and
technical assistance'' after ``training'';
(ii) by redesignating clauses (vi) and
(vii) as clauses (vii) and (viii),
respectively; and
(iii) by inserting after clause (v) the
following:
``(vi) implementing agricultural literacy
and nutrition education;''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) Improved procurement and distribution.--
``(i) In general.--In awarding grants under
this subsection, the Secretary shall seek to
improve local food procurement and distribution
options for agricultural producers and eligible
schools.
``(ii) Aggregation, processing,
transportation, and distribution.--In advancing
local food procurement options and other farm
to school objectives, the Secretary may provide
funding for projects that include innovative
approaches to aggregation, processing,
transportation, and distribution.
``(D) Awards.--
``(i) Maximum amount.--The total amount
provided to a grant recipient under this
subsection shall not exceed $200,000.
``(ii) Term.--The term of an award shall
not exceed 3 years.
``(iii) Purpose and scope.--In making
awards under this subsection, the Secretary
shall seek to make awards of diverse amounts
and duration in order to best match the award
to the purpose and scope of the project to be
funded.
``(E) Limitation.--The Secretary may not award a
grant under this subsection if the grant funds would be
used solely for the purpose of carrying out a
conference.'';
(4) in paragraph (5)--
(A) by redesignating subparagraphs (A) through (G)
as clauses (i) through (vii), respectively, and
indenting the clauses appropriately;
(B) in clause (ii) (as so redesignated), by
striking ``lunches'' and inserting ``meals'';
(C) in the matter preceding clause (i) (as so
redesignated), by striking ``To the maximum extent
practicable'' and inserting the following:
``(A) In general.--To the maximum extent
practicable'';
(D) in clause (vi) (as so redesignated), by
striking ``and'' at the end;
(E) by redesignating clause (vii) (as so
redesignated) as clause (viii);
(F) by inserting after clause (vi) (as so
redesignated) the following:
``(vii) expand the selection of local
commodities for eligible schools; and''; and
(G) by adding at the end the following:
``(B) Tribal community projects.--In the case of
projects serving tribal communities, the Secretary
shall, to the maximum extent practicable, give highest
priority to projects that best use products from tribal
agricultural producers, as determined by the
Secretary.'';
(5) in paragraph (7)--
(A) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and
indenting appropriately;
(B) by striking the paragraph designation and
heading and all that follows through ``nonprofit
entities--'' and inserting the following:
``(7) Technical assistance and research.--
``(A) In general.--The Secretary shall provide
technical assistance, research, and information to
assist eligible schools, State and local agencies,
Indian tribal organizations, agricultural producers or
agricultural producer groups, and nonprofit entities--
'';
(C) in subparagraph (A) (as so designated)--
(i) in clause (ii) (as so redesignated), by
striking ``and'' at the end;
(ii) in clause (iii) (as so redesignated),
by striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(iv) to increase awareness of, and
participation in, farm to school programs among
agricultural and aquaculture producers or
agricultural producer groups, including
beginning, veteran, and socially disadvantaged
farmers and ranchers.''; and
(D) by adding at the end the following:
``(B) Review.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Farm to
School Act of 2015 and every 3 years
thereafter, the Secretary shall review and
submit to the Committee on Agriculture and the
Committee on Education and the Workforce of the
House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate a report that describes the progress
that has been made in identifying and
eliminating regulatory and other barriers
related to developing farm to school programs.
``(ii) Requirements.--In preparing the
report, the Secretary shall examine--
``(I) the direct and indirect
regulatory compliance costs affecting
the production and marketing of locally
or regionally produced agricultural
food products to school food programs;
and
``(II) barriers to local and
regional market access for small-scale
production.'';
(6) in paragraph (8)--
(A) in subparagraph (A), by striking ``$5,000,000''
and inserting ``$15,000,000''; and
(B) by adding at the end the following:
``(C) Administration.--Of the funds provided to the
Secretary under subparagraph (A), not more than 5
percent may be used to pay administrative costs
incurred by the Secretary in carrying out this
subsection.''; and
(7) in paragraph (9), by striking ``2011 through 2015'' and
inserting ``2016 through 2021''. | Farm to School Act of 2015 This bill amends the Richard B. Russell National School Lunch Act to reauthorize the Department of Agriculture's (USDA's) Farm to School Program through FY2021 and modify the program. The program currently provides grants and technical assistance to schools, state and local agencies, Indian tribal organizations, agricultural producers, and nonprofit entities to improve access to local foods in schools. The bill makes schools participating in the Summer Food Service Program for children, the early care and afterschool portions of the Child and Adult Care Food Program, and the School Breakfast Program eligible to participate in the program. It also permits USDA to provide land-grant colleges and universities with grants, research, and technical assistance under the program. The purposes for grants awarded under the program are expanded to include agricultural literacy and nutrition education. The bill requires USDA to provide technical assistance, research, and information to increase awareness of and participation in farm to school programs among agricultural producers. In awarding grants, USDA must improve local food procurement and distribution options for agricultural producers and eligible schools. USDA is permitted to fund projects that include innovative approaches to aggregation, processing, transportation, and distribution. The bill establishes new limitations on the amount and duration of grants. The bill also establishes reporting requirements and limits funds that may be used for administrative costs. | {"src": "billsum_train", "title": "Farm to School Act of 2015"} | 1,597 | 276 | 0.647735 | 1.690433 | 0.813775 | 3 | 5.722008 | 0.814672 |
SECTION 1. REPEAL OF PPACA AND HEALTH CARE-RELATED PROVISIONS OF HCERA.
(a) PPACA.--Effective as of the enactment of the Patient Protection
and Affordable Care Act (Public Law 111-148), such Act is repealed, and
the provisions of law amended or repealed by such Act are restored or
revived as if such Act had not been enacted.
(b) Health Care-Related Provisions of HCERA.--
(1) In general.--Effective as of the enactment of the
Health Care and Education Reconciliation Act of 2010 (Public
Law 111-152), the health care-related provisions of such Act
are repealed, and the provisions of law amended or repealed by
such health care-related provisions are restored or revived as
if such provisions had not been enacted.
(2) Health care-related provisions defined.--In paragraph
(1), the term ``health care-related provisions'' means, with
respect to the Health Care and Education Reconciliation Act of
2010, title I and subtitle B of title II of such Act.
SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended--
(1) by redesignating chapters 89A and 89B as chapters 89B
and 89C, respectively; and
(2) by inserting after chapter 89 the following:
``CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES
``SEC. 8921. DEFINITIONS.
``In this chapter--
``(1) the terms defined under section 8901 shall have the
meanings given such terms under that section; and
``(2) the term `Office' means the Office of Personnel
Management.
``SEC. 8922. HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES.
``(a) The Office shall administer a health insurance program for
non-Federal employees in accordance with this chapter.
``(b) Except as provided under this chapter, the Office shall
prescribe regulations to apply the provisions of chapter 89 to the
greatest extent practicable to eligible individuals covered under this
chapter.
``SEC. 8923. CONTRACT REQUIREMENT.
``(a) For each calendar year, the Office shall enter into a
contract with 1 or more carriers to make available 1 or more health
benefits plans (subject to the provisions of this chapter) to eligible
individuals under this chapter.
``(b) In carrying out this section, the Office may require 1 or
more carriers to enter into a contract described in subsection (a), as
a condition of entering into a contract under section 8902.
``SEC. 8924. ELIGIBILITY OF NON-FEDERAL EMPLOYEES.
``(a) Except as provided under subsection (b), any individual may
enroll in a health benefits plan under this section.
``(b) An individual may not enroll in a health benefits plan under
this chapter if the individual--
``(1) is enrolled or eligible to enroll for coverage under
a public health insurance program, including--
``(A) title XVIII of the Social Security Act;
``(B) a State plan under title XIX of the Social
Security Act;
``(C) a State plan under title XX of the Social
Security Act; or
``(D) any other program determined by the Office;
``(2) is enrolled or eligible to enroll in a plan under
chapter 89; or
``(3) is a member of the uniformed services as defined
under section 101(a)(5) of title 10.
``SEC. 8925. ALTERNATIVE CONDITIONS TO FEDERAL EMPLOYEE HEALTH BENEFITS
PLANS.
``(a) Rates charged and premiums paid for a health benefits plan
under this chapter may differ between or among geographic regions.
``(b) No Government contribution shall be made for any individual
under this chapter.
``(c) In the administration of this chapter, the Office shall
ensure that individuals covered under this chapter shall be in a risk
pool that is separate from the risk pool maintained for individuals
covered under chapter 89.''.
(b) Technical and Conforming Amendments.--
(1) Contract requirement under chapter 89.--Section 8902 of
title 5, United States Code, is amended by adding after
subsection (o) the following:
``(p) Any contract under this chapter may include, at the
discretion of the Office, a provision that the carrier shall enter into
a contract to provide 1 or more health benefits plans as described
under chapter 89A.''.
(2) Table of chapters.--The table of chapters for part III
of title 5, United States Code, is amended--
(A) by redesignating the items relating to chapters
89A and 89B as chapters 89B and 89C, respectively; and
(B) by inserting after the item relating to chapter
89 the following:
``89A. Health Insurance for Non-Federal Employees........... 8921''.
SEC. 3. DEDUCTION FOR PREMIUMS PAID BY FEHBP NON-EMPLOYEE ENROLLEES.
(a) In General.--Part VII of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to additional itemized
deductions) is amended by redesignating section 224 as section 225 and
by inserting after section 223 the following new section:
``SEC. 224. PREMIUMS PAID FOR FEHBP COVERAGE.
``(a) In General.--In the case of an individual, there shall be
allowed as a deduction an amount equal to the amount paid as premiums
during the taxable year for coverage for the taxpayer, his spouse, and
dependents under health insurance provided pursuant to chapter 89A of
title 5, United States Code.
``(b) Special Rules.--
``(1) Coordination with medical deduction, etc.--Any amount
paid by a taxpayer for insurance to which subsection (a)
applies shall not be taken into account in computing the amount
allowable to the taxpayer as a deduction under section 162(l)
or 213(a). Any amount taken into account in determining the
credit allowed under section 35 shall not be taken into account
for purposes of this section.
``(2) Deduction not allowed for self-employment tax
purposes.--The deduction allowable by reason of this section
shall not be taken into account in determining an individual's
net earnings from self-employment (within the meaning of
section 1402(a)) for purposes of chapter 2.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting
before the last sentence the following new paragraph:
``(22) Premiums paid for fehbp coverage.--The deduction
allowed by section 224.''.
(c) Clerical Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by redesignating the
item relating to section 224 as an item relating to section 225 and
inserting before such item the following new item:
``Sec. 224. Premiums paid for FEHBP coverage.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM.
Not later than 6 months after the date of enactment of this Act and
after consultation with appropriate experts, representatives of
affected individuals, and Federal officers, the Director of the Office
of Personnel Management shall submit a comprehensive plan to Congress
that--
(1) provides for the orderly implementation of the
amendments made by this Act; and
(2) includes a schedule of actions to be taken to provide
for that implementation. | Repeals the Patient Protection and Affordable Care Act and the health care provisions of the Health Care and Education Reconciliation Act of 2010, effective as of the enactment of such Act and provisions. Restores provisions of law amended by such Act and provisions.
Directs the Office of Personnel Management (OPM) to administer a health insurance program for non-federal employees and to apply to such program the provisions governing the federal employee health insurance program to the greatest extent practicable.
Requires OPM, for each calendar year, to enter into a contract with one or more carriers to make health benefits plans available to eligible individuals. Allows any individual to enroll in such a plan unless the individual: (1) is enrolled or eligible to enroll for coverage under a public health insurance program (including Medicaid or Medicare) or under the federal employee health insurance program, or (2) is a member of the uniformed services.
Allows rates and premiums for such a plan to differ among geographic regions. Makes such premiums tax deductible.
Provides that no government contribution shall be made for any individual enrolled in such a plan. Directs OPM to ensure that covered individuals are in a risk pool separate from that maintained for federal employees.
Requires the Director of OPM to submit a comprehensive plan to Congress that provides for the orderly implementation of the amendments made by this Act, including a schedule of actions to be taken to provide for that implementation. | {"src": "billsum_train", "title": "To repeal the Patient Protection and Affordable Care Act and the health care-related provisions in the Health Care and Education Reconciliation Act of 2010 and to amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes."} | 1,858 | 312 | 0.537869 | 1.499717 | 0.758292 | 3.806569 | 5.729927 | 0.923358 |
SECTION 1. DEFINITIONS.
(a) Health Care Business Defined.--Section 101 of title 11, United
States Code, is amended by inserting after paragraph (27) the
following:
``(27A) `health care business'--
``(A) means any public or private entity (without
regard to whether that entity is organized for profit
or not for profit) that is primarily engaged in
offering to the general public facilities and services
for--
``(i) the diagnosis or treatment of injury,
deformity, or disease; and
``(ii) surgical, drug treatment,
psychiatric or obstetric care; and
``(B) includes--
``(i) any--
``(I) general or specialized
hospital;
``(II) ancillary ambulatory,
emergency, or surgical treatment
facility;
``(III) hospice;
``(IV) home health agency; and
``(V) other health care institution
that is similar to an entity referred
to in subclause (I), (II), (III), or
(IV); and
``(ii) any long-term care facility,
including any--
``(I) skilled nursing facility;
``(II) intermediate care facility;
``(III) assisted living facility;
``(IV) home for the aged;
``(V) domicilary care facility; and
``(VI) health care institution that
is related to a facility referred to in
subclause (I), (II), (III), (IV), or
(V), if that institution is primarily
engaged in offering room, board,
laundry, or personal assistance with
activities of daily living and
incidentals to activities of daily
living;''.
(b) Patient Defined.--Section 101 of title 11, United States Code,
as amended by subsection (a) of this section, is amended by inserting
after paragraph (40) the following:
``(40A) `patient' means any person who obtains or receives
services from a health care business;''.
(d) Patient Records Defined.--Section 101 of title 11, United
States Code, as amended by subsection (b) of this section, is amended
by inserting after paragraph (40A) the following:
``(40B) `patient records' means any written document
relating to a patient or record recorded in a magnetic,
optical, or other form of electronic medium;''.
SEC. 2. DISPOSAL OF PATIENT RECORDS.
(a) In General.--Subchapter III of chapter 3 of title 11, United
States Code, is amended by adding at the end the following:
``Sec. 351. Disposal of patient records
``If a health care business commences a case under chapter 7, 9, or
11, and the trustee does not have a sufficient amount of funds to pay
for the storage of patient records in the manner required under
applicable Federal or State law, the following requirements shall
apply:
``(1) The trustee shall mail, by certified mail, a written
request to each appropriate Federal or State agency to request
permission from that agency to deposit the patient records with
that agency.
``(2) If no appropriate Federal or State agency agrees to
permit the deposit of patient records referred to in paragraph
(1) by the date that is 60 days after the trustee mails a
written request under that paragraph, the trustee shall--
``(A) publish notice, in 1 or more appropriate
newspapers, that if those patient records are not
claimed by the patient or an insurance provider (if
applicable law permits the insurance provider to make
that claim) by the date that is 60 days after the date
of that notification, the trustee will destroy the
patient records; and
``(B) during the 60-day period described in
subparagraph (A), the trustee shall attempt to notify
directly each patient that is the subject of the
patient records concerning the patient records by
mailing to the last known address of that patient an
appropriate notice regarding the claiming or disposing
of patient records.
``(3) If, after providing the notification under paragraph
(2), patient records are not claimed during the 60-day period
described in paragraph (2)(A) or in any case in which a notice
is mailed under paragraph (2)(B), during the 90-day period
beginning on the date on which the notice is mailed, by a
patient or insurance provider in accordance with that
paragraph, the trustee shall destroy those records by--
``(A) if the records are written, shredding or
burning the records; or
``(B) if the records are magnetic, optical, or
other electronic records, by otherwise destroying those
records so that those records cannot be retrieved.''.
(b) Clerical Amendment.--The chapter analysis for chapter 3 of
title 11, United States Code, is amended by inserting after the item
relating to section 350 the following:
``351. Disposal of patient records.''.
SEC. 3. ADMINISTRATIVE EXPENSE CLAIM FOR COSTS OF CLOSING A HEALTH CARE
BUSINESS.
Section 503(b) of title 11, United States Code, is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) the actual, necessary costs and expenses of closing a
health care business incurred by a trustee, including any cost
or expense incurred--
``(A) in disposing of patient records in accordance
with section 351; or
``(B) in connection with transferring patients from
the health care business that is in the process of
being closed to another health care business.''.
SEC. 4. APPOINTMENT OF OMBUDSMAN TO ACT AS PATIENT ADVOCATE.
(a) In General.--
(1) Appointment of ombudsman.--Subchapter II of chapter 3
of title 11, United States Code, is amended by inserting after
section 331 the following:
``Sec. 332. Appointment of ombudsman
``(a) Not later than 30 days after a case is commenced by a health
care business under chapter 7, 9, or 11, the court shall appoint an
ombudsman to represent the interests of the patients of the health care
business.
``(b) An ombudsman appointed under subsection (a) shall--
``(1) monitor the quality of patient care, to the extent
necessary under the circumstances, including reviewing records
and interviewing patients and physicians;
``(2) not later than 60 days after the date of appointment,
and not less frequently than every 60 days thereafter, report
to the court, at a hearing or in writing, regarding the quality
of patient care at the health care business involved; and
``(3) if the ombudsman determines that the quality of
patient care is declining significantly or is otherwise being
materially compromised, notify the court by motion or written
report, with notice to appropriate parties in interest,
immediately upon making that determination.
``(c) An ombudsman shall maintain any information obtained by the
ombudsman under this section that relates to patients (including
information relating to patient records) as confidential
information.''.
(2) Clerical amendment.--The chapter analysis for chapter 3
of title 11, United States Code, is amended by inserting after
the item relating to section 331 the following:
``332. Appointment of ombudsman.''.
(b) Compensation of Ombudsman.--Section 330(a)(1) of title 11,
United States Code, is amended--
(1) in the matter proceeding subparagraph (A), by inserting
``an ombudsman appointed under section 331, or'' before ``a
professional person''; and
(2) in subparagraph (A), by inserting ``ombudsman,'' before
``professional person''.
SEC. 5. DEBTOR IN POSSESSION; DUTY OF TRUSTEE TO TRANSFER PATIENTS.
(a) In General.--Section 704(a) of title 11, United States Code, is
amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(10) use all reasonable and best efforts to transfer
patients from a health care business that is in the process of
being closed to an appropriate health care business that--
``(A) is in the vicinity of the health care
business that is closing;
``(B) provides the patient with services that are
substantially similar to those provided by the health
care business that is in the process of being closed;
and
``(C) maintains a reasonable quality of care.''.
(b) Conforming Amendment.--Section 1106(a)(1) of title 11, United
States Code, is amended by striking ``and 704(9)'' and inserting
``704(9), and 704(10)''. | Amends bankruptcy provisions to prescribe guidelines for disposal of the patient records of a health care business (including a hospital, a health maintenance organization, or a nursing home) that commences a proceeding for debtor relief. Provides for disposal with a State or Federal agency, the patient or an insurance provider, or by destruction.
(Sec. 3) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business.
(Sec. 4) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization).
(Sec 5.) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute. | {"src": "billsum_train", "title": "A bill to amend title 11, United States Code, to provide for health care and employee benefits, and for other purposes."} | 2,054 | 233 | 0.408714 | 1.04417 | 0.607683 | 2.879581 | 10.057592 | 0.879581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raw Sewage Overflow Community Right-
to-Know Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Centers for Disease Control estimates that there
are 7,100,000 cases of mild to moderate, and 560,000 cases of
moderate to severe, infectious waterborne disease in the United
States each year.
(2) Inadequately treated sewage is filled with bacteria,
viruses, parasites, and worms that make people sick.
(3) People who ingest or inhale inadequately treated sewage
can contract gastroenteritis, hepatitis, giardiasis,
cryptosporidiosis, dysentery, and other gastrointestinal and
respiratory diseases.
(4) Between 1,800,000 and 3,500,000 Americans become sick
every year just from swimming in waters contaminated by
sanitary sewer overflows.
(5) The loss of swimming opportunities (beach closings) due
to pathogen contamination is valued at $1,000,000,000 to
$2,000,000,000 annually in the United States.
(6) Economic losses due to swimming-related illnesses are
estimated at $28,000,000,000 annually.
(7) Many sewer systems do not routinely monitor to detect
sewer overflows or report those that do occur to environmental
or public health agencies.
(8) Better monitoring, reporting, and public notification
of sewer overflows would save millions of Americans from
getting sick every year.
(9) Public health authorities are not routinely notified of
sewer overflows that threaten public health.
SEC. 3. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(24) Sanitary sewer overflow.--The term `sanitary sewer
overflow' means an overflow, spill, release, or diversion of
wastewater from a sanitary sewer system. Such term does not
include combined sewer overflows or other discharges from the
combined portions of a combined sewer system and does not
include wastewater backups into buildings caused by a blockage
or other malfunction of a building lateral that is privately
owned. Such term includes overflows or releases of wastewater
that reach waters of the United States, overflows or releases
of wastewater that do not reach waters of the United States,
and wastewater backups into buildings that are caused by
blockages or flow conditions in a sanitary sewer other than a
building lateral.''.
SEC. 4. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Sanitary Sewer Overflows.--
``(1) General requirements.--Not later than 1 year after
the date of the enactment of this subsection, the owner or
operator of a publicly owned treatment works (as defined in
section 212) under a permit issued under this section--
``(A) must institute and utilize a methodology,
technology, or management program that will alert the
owner or operator to the occurrence of a sanitary sewer
overflow in a timely manner;
``(B) must notify the public of a sanitary sewer
overflow in any area where the overflow has the
potential to affect human health;
``(C) must notify the public as soon as practicable
within 24 hours of the time the owner or operator
becomes aware of the overflow;
``(D) must immediately notify public health
authorities and other affected entities, such as public
water systems, of any sanitary sewer overflow that may
imminently and substantially endanger human health;
``(E) must provide to the Administrator or the
State in the case of a State that has a permit program
approved under this section either an oral or
electronic report as soon as practicable within 24
hours of the time the owner or operator becomes aware
of the overflow;
``(F) must provide to the Administrator or the
State, as the case may be, within 5 days of the time
the owner or operator becomes aware of the overflow a
written report describing--
``(i) the magnitude, duration, and
suspected cause of the overflow;
``(ii) the steps taken or planned to
reduce, eliminate, and prevent recurrence of
the overflow; and
``(iii) the steps taken or planned to
mitigate the impact of the overflow;
``(G) must report all sanitary sewer overflows to
waters of the United States on its monthly discharge
monitoring report to the Administrator or the State, as
the case may be; and
``(H) must report to the Administrator or the
State, as the case may be, the total number of such
overflows (including overflows that do not reach any
waters of the United States) in a calendar year,
including the details of how much wastewater was
released per incident, the duration of each overflow,
the location of the overflow and any potentially
affected receiving waters, the responses taken to clean
up the overflow, and the actions taken to mitigate
impacts and avoid further sanitary sewer overflows at
the site.
``(2) Report to epa.--If a State receives a report under
paragraph (1)(H), the State shall report to the Administrator
annually in summary, the details of reported sanitary sewer
overflows that occurred in that State.''.
SEC. 5. ELIGIBILITY FOR ASSISTANCE.
Section 603(c) of the Federal Water Pollution Control Act (33
U.S.C. 1383(c)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``320 of this Act'' the following:
``, and (4) for the implementation of requirements to monitor,
report, and notify the public of sanitary sewer overflows under
section 402.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended by striking ``the following sums'' and all that
follows through the period at the end and inserting ``$2,200,000,000
for each of fiscal years 2004 through 2008.''. | Raw Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act to direct owners or operators of publicly-owned treatment works to institute an alert system for sanitary sewer overflow.
Requires that the public and the appropriate officials be notified as soon as practicable within 24 hours of the time the owner or operator becomes aware of the overflow.
Requires a written report on the overflow, including magnitude and cause, as well as measures taken to eliminate and prevent its recurrence.
States that owners or operators must report overflows on their monthly discharge monitoring report to either the State or the Administrator of the Environmental Protection, as appropriate.
Makes these alert systems eligible for assistance and authorizes funding. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to ensure that sewage treatment plants monitor for and report discharges of raw sewage, and for other purposes."} | 1,399 | 164 | 0.45586 | 1.375345 | 0.855659 | 2.550725 | 9.057971 | 0.84058 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowerment Zone Job Creation Act of
1995''.
SEC. 2. PURPOSE.
The purpose of this Act is to reduce crime and poverty in poor
neighborhoods by providing employment opportunities leading to
permanent unsubsidized employment for disadvantaged young adults in
those neighborhoods.
SEC. 3. AUTHORIZATION.
The Secretary of Labor (hereafter in this Act referred to as the
``Secretary''), in consultation with other appropriate Federal
officials, may provide grants to States for the purpose of establishing
and carrying out programs that provide employment opportunities leading
to permanent unsubsidized employment for disadvantaged young adults in
poor neighborhoods.
SEC. 4. APPLICATION.
(a) In General.--The Secretary may provide a grant under this Act
to a State only if the State submits to the Secretary an application
containing--
(1) a plan described in subsection (b); and
(2) such other information as the Secretary may reasonably
require.
(b) Plan.--A plan described in this subsection is a plan that
provides for the establishment of a program for reducing crime and
poverty by substantially increasing employment levels of young adults
in poor neighborhoods. Such plan shall--
(1) describe the private sector, nonprofit, and public
sector components of the program, and describe, to the extent
practicable, the nature of the employment opportunities that
will be generated in the neighborhoods;
(2) describe the outcomes that will be used to evaluate the
success of the program, including reducing crime and substance
abuse and increasing employment for young adults;
(3) specify the organization that will administer the
program;
(4) describe the public/private partnership that will
promote collaboration between the State and local governments,
local job training, education, employment, and public housing
agencies and authorities, local residents, community-based
organizations, and nonprofit organizations, and local community
policing, gang prevention activities, and juvenile justice or
delinquency preventive initiatives;
(5) describe how the public and private sectors will work
together to assist young adults to make the transition from
subsidized to unsubsidized jobs; and
(6) describe the extent of the local commitment of
resources to the program, including the commitment of
substantial resources by the last year of the program.
SEC. 5. USE OF AMOUNTS.
(a) Establishment of Program.--
(1) In general.--The Secretary may provide a grant under
this Act to a State only if the State agrees that it will use
all amounts received from such grant to provide for the
establishment of a program to saturate neighborhoods located in
areas described in paragraph (2) with employment opportunities
with for-profit, nonprofit, and public employers that are
likely to lead to permanent, unsubsidized employment for young
adults who have attained the age of 16 but who have not
attained the age of 26.
(2) Area described.--An area described in this paragraph is
an empowerment zone designated pursuant to part I of subchapter
U of chapter 1 of the Internal Revenue Code of 1986.
(b) Conduct of Program.--In carrying out the program established
under subsection (a), the State shall ensure that the following
requirements are met:
(1) Provision of wage subsidies to employers.--The
organization administering the program shall provide amounts
received from a grant under this Act to employers for the
purpose of subsidizing the wages of young adults who are
employed by the employer under the program. In providing such
amounts to employers, the organization administering the program
shall--
(A) encourage private sector employers to employ
individuals with an emphasis on opportunities that
provide advanced or specialized training;
(B) require private sector employers, during the
course of a participant's subsidized employment, to
gradually increase their funding of that participant's
wages;
(C) encourage, if practicable, the provision of a
structured and integrated work and learning experience;
(D) encourage assistance to nonprofit employers and
public agencies to employ participants in projects
designed to address community needs, such as projects
to enhance neighborhood infrastructure, to modernize
public housing, and to provide other community
services;
(E) ensure that the duration of all subsidized
employment for a participant does not exceed more than
2,080 hours; and
(F) require that the subsidized employment provided
to any participant who is still enrolled in high school
shall not exceed 20 hours per week during the school
year.
(2) Additional services.--The organization administering
the program shall provide additional services (either directly
with amounts received from a grant under this Act or through
arrangements with other appropriate Federal, State, or local
programs) to facilitate the transition of young adults to
permanent unsubsidized employment, including counseling, job
development and placement, follow-up services, and supportive
services.
(3) Responsible behavior by participants.--The organization
administering the program shall ensure that continued
participation in the program by a young adult shall be
conditioned on--
(A) avoiding crime, including illegal drug use;
(B) regular attendance and satisfactory performance
at work;
(C) paying child support when paternity has been
established and the participant has an income; and
(D) in-school young adults remaining in school
until graduation.
SEC. 6. FEDERAL RESPONSIBILITIES.
(a) Performance Measures.--The Secretary shall establish a system
of performance measures for assessing programs established from amounts
received from grants under this Act.
(b) Evaluation.--
(1) In general.--The Secretary shall conduct a rigorous
national evaluation of such programs that will track and assess
the effectiveness of those programs, and include an evaluation
to the extent to which such programs reduced crime and
substance abuse and increased employment and earnings. The
evaluation may include cost-benefit analyses and shall utilize
sound statistical methods and techniques.
(2) Report.--Not later than December 31, 2001, the
Secretary shall prepare and submit to the Congress a report
containing a summary of the evaluation conducted under
paragraph (1).
(c) Technical Assistance.--The Secretary may provide appropriate
technical assistance to States receiving grants under this Act.
(d) Funding.--The Secretary may reserve not more than 5 percent of
the amount appropriated under this Act for any fiscal year to carry out
this section.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$150,000,000 for each of the fiscal years 1996 through 2000. | Empowerment Zone Job Creation Act of 1995 - Authorizes the Secretary of Labor to provide grants to States for programs that provide employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults (aged 16 through 25) in poor neighborhoods (which are located in empowerment zones designated under specified provisions of the Internal Revenue Code).
Provides under such programs: (1) wage subsidies for employers, under certain conditions; and (2) additional transitional services for participants. Requires specified types of responsible behavior by participants.
Directs the Secretary to: (1) establish a system of performance measures for assessing such programs; and (2) conduct a national evaluation of such programs, and report to the Congress. Authorizes the Secretary to: (1) provide technical assistance to such grant recipient States; and (2) reserve a portion of program funds for such Federal responsibilities.
Authorizes appropriations. | {"src": "billsum_train", "title": "Empowerment Zone Job Creation Act of 1995"} | 1,367 | 181 | 0.549756 | 1.556158 | 0.761615 | 2.630682 | 7.528409 | 0.869318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Incentive Program
Reauthorization Act of 2003''.
SEC. 2. ADOPTION INCENTIVE PAYMENTS.
(a) Reauthorization.--
(1) In general.--Section 473A of the Social Security Act
(42 U.S.C. 673b) is amended--
(A) in subsection (b)(5), by striking ``1998
through 2002'' and inserting ``2004 through 2008''; and
(B) in subsection (h)--
(i) in paragraph (1), by striking
``Secretary'' and all that follows through the
period and inserting ``Secretary, $43,000,000
for each of fiscal years 2004 through 2008.'';
and
(ii) in paragraph (2), by striking ``2003''
and inserting ``2008''.
(2) Older child baseline.--
(A) Determinations of number of adoptions.--Section
473A(c)(2) of the Social Security Act (42 U.S.C.
673b(c)(2)) is amended to read as follows:
``(2) Determination of numbers of adoptions based on afcars
data.--The Secretary shall determine the numbers of foster
child adoptions and of older child adoptions in a State during
each of fiscal years 2004 through 2008, for purposes of this
section, on the basis of data meeting the requirements of the
system established pursuant to section 479, as reported by the
State and approved by the Secretary by August 1 of the
succeeding fiscal year.''.
(B) Adoption incentive payment.--Section
473A(d)(1)(B) of the Social Security Act (42 U.S.C.
673b(d)(1)(B)) is amended--
(i) by striking ``$2,000'' and inserting
``$6,000''; and
(ii) by striking ``special needs'' each
place it appears and inserting ``older child''.
(C) Definitions.--Section 473A(g) of the Social
Security Act (42 U.S.C. 673b(g)) is amended--
(i) by striking paragraph (2) and inserting
the following:
``(2) Older child adoption.--The term `older child
adoption' means the final adoption of a child who has attained
age 9 and--
``(A) at the time of adoptive placement, was in
foster care under the supervision of the State; or
``(B) for whom an adoption assistance agreement is
in effect under section 473.''; and
(ii) by striking paragraph (4), and
inserting the following:
``(4) Base number of older child adoptions.--The term `base
number of older child adoptions for a State' means--
``(A) with respect to fiscal year 2004, the number
of older child adoptions in the State in fiscal year
2003; and
``(B) with respect to any subsequent fiscal year,
the number of older child adoptions in the State in the
fiscal year for which the number is the greatest in the
period that begins with fiscal year 2003 and ends with
the fiscal year preceding such fiscal year.''.
(3) Conforming amendments.--
(A) Health insurance coverage for children with
special needs.--Section 473A(b)(4) of the Social
Security Act (42 U.S.C. 673b(b)(4)) is amended by
striking ``fiscal years 2001 and 2002'' and inserting
``each of fiscal years 2004 through 2008''.
(B) Data requirements.--Section 473A(c)(1) of the
Social Security Act (42 U.S.C. 673b(c)(1)) is amended
to read as follows:
``(1) In general.--A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary the data described in paragraph (2) for the fiscal
year that precedes the fiscal year for which the State seeks a
grant under this section.''.
(C) Definition of base number of foster child
adoptions.--Section 473A(g)(3) of the Social Security
Act (42 U.S.C. 673b(g)(3)) is amended--
(i) by striking ``means'' and all that
follows through ``any subsequent fiscal year,''
and inserting ``means, with respect to a fiscal
year,''; and
(ii) by striking ``such subsequent fiscal
year'' and inserting ``such fiscal year''.
(D) Technical assistance.--Section 473A(i)(4) of
the Social Security Act (42 U.S.C. 673b(i)(4)) is
amended by striking ``1998 through 2000'' and inserting
``2004 through 2008''.
(b) Discretionary Cap Adjustment.--
(1) Section 251.--Section 251(b)(2)(G) of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(G)) is amended--
(A) in the matter preceding clause (i), by striking
``1999, 2000, 2001, 2002, or 2003'' and inserting
``2004, 2005, 2006, 2007, or 2008''; and
(B) in clause (i), by striking ``$20,000,000'' and
inserting ``$43,000,000''.
(2) Section 314.--Section 314(b)(6) of the Congressional
Budget Act of 1974 (2 U.S.C. 645(b)(6)) is amended--
(A) by striking ``1999, 2000, 2001, 2002, or 2003''
and inserting ``2004, 2005, 2006, 2007, or 2008''; and
(B) by striking ``$20,000,000'' and inserting
``$43,000,000''.
(c) Effective Date.--The amendments made by this section take
effect on October 1, 2003. | Adoption Incentive Program Reauthorization Act of 2003 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to reauthorize adoption incentive payments and to revise requirements with respect to determination of numbers of adoptions of older children.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and the Congressional Budget Act of 1974 to increase the congressional discretionary spending limit with respect to adoption incentive payments. | {"src": "billsum_train", "title": "A bill to amend part E of title IV of the Social Security Act to reauthorize adoption incentives payments under section 473A of that Act and to provide incentives for the adoption of older children."} | 1,382 | 117 | 0.524713 | 1.288192 | 0.570924 | 2.977273 | 12.613636 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commission on an Open
Society with Security Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) an open society which affords free access to public
facilities and spaces and which protects the right to engage in
open discussion is an essential premise of American
governmental institutions and democratic values;
(2) the United States is currently facing a challenge to
the safety and security of the public, public employees, and
public facilities and spaces that is unique in the history of
this Nation;
(3) to meet this challenge without eroding or harming any
of the basic tenets of the Republic and of our democracy, this
Nation needs to assemble the best thinking available; and
(4) a commission of experts from a broad base of
disciplines and backgrounds is necessary to examine all the
factors that should be considered in securing public safety
from terrorist attacks while maintaining the highest level of
free and open access to the public.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``United States Commission on an Open Society with Security''
(in this Act referred to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 21 members
appointed by the President from among individuals representing such
fields or groups as the following: architecture, technology, civil
libertarians, humanists, members of the armed forces, Federal
Government employees, city planners, business leaders, lawyers,
artists, public building security, engineers, philosophers, historians,
sociologists, and psychologists. The President shall designate one of
those members to be the Chairperson of the Commission.
(c) Terms; Quorum; Meetings; Vacancies.--Members shall be appointed
for the life of the Commission. Nine members of the Commission shall
constitute a quorum, but a lesser number may hold hearings. After its
initial meeting, the Commission shall meet at the call of the
Chairperson of the Commission or a majority of its members. Any vacancy
in the Commission shall not affect its powers and shall be filled in
the same manner as the original appointment.
(d) Appointments; Initial Meeting.--
(1) Appointments.--It is the sense of Congress that the
members of the Commission should be appointed by not later than
90 days after the date of enactment of this Act.
(2) Initial meeting.--If, after 90 days following the date
of enactment of this Act, 9 or more members of the Commission
have been appointed, the members who have been appointed may
meet, and the Chairperson shall have the authority to begin the
operations of the Commission, including the hiring of staff.
SEC. 4. FUNCTIONS OF COMMISSION.
(a) In General.--The Commission shall study and make findings and
recommendations relating to the question of how the Government of the
United States may provide, in a balanced manner, for both security in
and public access to Federal buildings and other Federal property and
sites.
(b) Matters To Be Examined.--In carrying out this Act, the
Commission shall specifically examine matters that relate to the
security of, and open access to, public facilities and spaces,
including--
(1) Federal, other governmental, and private security
practices and proposals, building design, public space
management, counterterrorism needs, and refurbishment of
existing Federal facilities;
(2) the effect of access to public facilities and spaces
on--
(A) maintenance of security and safety;
(B) free speech, the right to petition the
Government, and other constitutional rights and civil
liberties;
(C) economies of affected jurisdictions or parts
thereof;
(D) physical changes and architectural aesthetics
of affected areas;
(E) traffic and congestion; and
(F) job performance of employees within the
affected facilities;
(3) current and potential uses of technology to augment or
replace traditional modes of security;
(4) practices of and comparisons with other entities and
nations; and
(5) current and potential analytical methods of assessing
the risks posed by the various forms of terrorism, balanced
against the specific needs and values of open access.
(c) Coordination of Activities.--The Commission shall take
appropriate measures to avoid unnecessary duplication of efforts
previously or currently being undertaken by any other person or entity.
SEC. 5. POWERS OF COMMISSION.
(a) In General.--The Commission or, on the authorization of the
Commission, any member or agent of 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 appropriate to
carry out this Act.
(b) Obtaining Official Information.--The Commission may secure
directly from any department, agency, or other entity of the United
States information necessary to enable it to carry out this Act. Upon
request of the Chairperson of the Commission, the head of such
governmental entity shall furnish, to the extent authorized by law,
such information to the Commission.
(c) Security.--
(1) Security clearances.--The members and staff of the
Commission shall hold, as a condition of appointment to or
employment with the Commission, appropriate security clearances
for access to the classified briefing, records, and materials
to be reviewed by the Commission or its staff and shall follow
the guidance and practices on security under applicable
Executive orders and agency directives.
(2) Conditions to granting access.--The head of an agency
shall require, as a condition of granting access to a member of
the Commission or a member of the staff of the Commission to
classified records or materials of the agency under this Act,
require the member to--
(A) execute an agreement regarding the security of
such records or materials that is approved by the head
of the agency; and
(B) hold an appropriate security clearance granted
or recognized under the standard procedures and
eligibility criteria of the agency, including any
special access approval required for access to such
records or materials.
(3) Restriction on use.--The members of the Commission and
the members of the staff of the Commission may not use any
information acquired in the course of their official activities
on the Commission for nonofficial purposes.
(4) Need to know.--For purposes of any law or regulation
governing access to classified information that pertains to the
national security of the United States and to facilitate the
advisory functions of the Commission under this Act, a member
of the Commission or a member of the staff of the Commission
seeking access to a record or material under this Act shall be
deemed for purposes of this subsection to have a need to know
the contents of the record or material.
(5) Rule of construction.--A reference in this subsection
to the ``staff of the Commission'' includes individuals
described in sections 6(d) and 6(e).
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) Administrative Support Services.--The Administrator of General
Services shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
SEC. 6. PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission shall not
be compensated by reason of their service on the Commission.
(b) 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.
(c) Staff.--Subject to such rules as the Commission may prescribe,
the Chairperson of the Commission, without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title (relating to classification
and General Schedule pay rates), may appoint and fix the pay of a staff
director and such other personnel as may be necessary to enable the
Commission to carry out its functions; except that no rate of pay fixed
under this subsection may exceed the maximum rate of basic pay payable
for GS-15 of the General Schedule.
(d) Staff of Federal Agencies.--Upon request of the Chairperson of
the Commission, the head of any department or agency of the United
States may detail, on a nonreimbursable basis, any of the personnel of
that department or agency to the Commission to assist it in carrying
out its functions under this Act.
(e) Experts and Consultants.--With the approval of the Commission,
the Chairperson of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, at rates for individuals not to exceed the daily equivalent of
the maximum rate of basic pay payable for GS-15 of the General
Schedule.
SEC. 7. REPORT.
(a) Submission to the President.--The Commission shall transmit its
final report to the President not later than 2 years after the initial
meeting of the Commission. Such report shall contain a detailed
statement of the findings and conclusions of the Commission, together
with its recommendations for such legislative, administrative, or other
action as the Commission considers appropriate.
(b) Submission to the Congress.--Not later than 6 months after
receiving the final report of the Commission under subsection (a), the
President shall transmit such report to Congress, together with any
comments or recommendations (including any proposed legislation) which
the President considers appropriate.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate on the 90th day after the date on
which the Commission is required to submit its final report under
section 7(a).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $5,000,000 for fiscal year 2008; and
(2) $5,000,000 for fiscal year 2010. | United States Commission on an Open Society with Security Act - Establishes the United States Commission on an Open Society with Security to study how the government may provide for both security in, and public access to, federal buildings and other federal property and sites. | {"src": "billsum_train", "title": "To establish the United States Commission on an Open Society with Security."} | 2,199 | 52 | 0.488113 | 1.237089 | 0.603213 | 4.75 | 43.395833 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Savings Account Expansion Act
of 2016''.
SEC. 2. ADEQUATE FUNDS FOR HEALTH INSURANCE PLANS.
(a) In General.--Section 223(b)(1) of the Internal Revenue Code of
1986 is amended by striking ``the sum of the monthly'' and all that
follows through ``eligible individual'' and inserting ``$9,000 ($18,000
in the case of a joint return)''.
(b) Conforming Amendments.--
(1) Subsection (b) of such Code is amended by striking
paragraphs (2), (3), and (5) and by redesignating paragraphs
(4), (6), (7), and (8) as paragraphs (2), (3), (4), and (5),
respectively.
(2) Section 223(b)(2) of such Code (as redesignated by
paragraph (1)) is amended by striking the last sentence.
(3) Section 223(b)(4) of such Code (as redesignated by
paragraph (1)) is amended to read as follows:
``(4) Medicare eligible individuals.--The limitation under
this subsection for any taxable year with respect to an
individual shall--
``(A) in the case of the first taxable year in
which such individual is entitled to benefits under
title XVIII of the Social Security Act, be the amount
which bears the same proportion to the amount in effect
under paragraph (1) with respect to such individual
as--
``(i) the number of months in the taxable
year during which such individual was not so
entitled, bears to
``(ii) 12, and
``(B) be zero for any taxable year thereafter.''.
(4) Section 223(g)(1) of such Code is amended--
(A) in the matter preceding subparagraph (A) by
striking ``Each dollar amount in subsection (b)(2)''
and inserting ``In the case of taxable years beginning
after December 31, 2017, each dollar amount in
subsection (b)(1)'',
(B) by amending subparagraph (B) to read as
follows:
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
such taxable year begins determined by substituting
`calendar year 2016' for `calendar year 1992'.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 3. PARITY WITH EMPLOYER-PROVIDED HEALTH INSURANCE; DIRECT PRIMARY
CARE.
(a) In General.--Section 223(d)(2) of the Internal Revenue Code of
1986 is amended to read as follows:
``(2) Qualified medical expenses.--
``(A) In general.--The term `qualified medical
expenses' means, with respect to an account
beneficiary, amounts paid by such beneficiary 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, determined
without regard to subsections (b)(1), (b)(2), and
(d)(1)(B) thereof) of such individual, but only to the
extent such amounts are not compensated for by
insurance or otherwise.
``(B) Direct primary care.--
``(i) In general.--Such term includes
expenses for direct primary care service
arrangements.
``(ii) Direct primary care service
arrangements.--For purposes of clause (i), the
term `direct primary care service arrangements'
means an arrangement under which an individual
is provided coverage restricted to primary care
services in exchange for a fixed periodic fee
or payment for primary care services.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 4. FREEDOM FROM MANDATE.
(a) In General.--Section 223 of the Internal Revenue Code of 1986,
as amended by sections 2 and 3, is amended by striking subsection (c)
and redesignating subsections (d) through (h) as subsections (c)
through (g), respectively.
(b) Conforming Amendments.--
(1) Subsection (a) of section 223 of such Code is amended
to read as follows:
``(a) Deduction Allowed.--In the case of an individual, there shall
be allowed as a deduction for a taxable year an amount equal to the
aggregate amount paid in cash during such taxable year by or on behalf
of such individual to a health savings account of such individual.''.
(2) Subsection (b) of section 223 of such Code (as amended
by section 2) is amended by striking paragraph (5).
(3) Section 223(c)(1)(A) of such Code (as redesignated by
subsection (a)) is amended--
(A) by striking ``subsection (f)(5)'' and inserting
``subsection (e)(5)'', and
(B) in clause (ii) by striking ``the sum
of--'' and all that follows and inserting ``the dollar
amount in effect under subsection (b)(1).''.
(4) Section 223(f)(1) of such Code (as redesignated by
subsection (a)) is amended by striking ``subsections (b)(1) and
(c)(2)(A)'' and inserting ``subsection (b)(1)''.
(5) Section 26(b)(U) of such Code is amended by striking
``section 223(f)(4)'' and inserting ``section 223(e)(4)''.
(6) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v),
4973(a)(5), and 6051(a)(12) of such Code are each amended by
striking ``section 223(d)'' each place it appears and inserting
``section 223(c)''.
(7) Section 106(d)(1) of such Code is amended--
(A) by striking ``who is an eligible individual (as
defined in section 223(c)(1))'', and
(B) by striking ``section 223(d)'' and inserting
``section 223(c)''.
(8) Section 408(d)(9) of such Code is amended--
(A) in subparagraph (A) by striking ``who is an
eligible individual (as defined in section 223(c))
and'', and
(B) in subparagraph (C) by striking ``computed on
the basis of the type of coverage under the high
deductible health plan covering the individual at the
time of the qualified HSA funding distribution''.
(9) Section 877A(g)(6) of such Code is amended by striking
``223(f)(4)'' and inserting ``223(e)(4)''.
(10) Section 4973(g) of such Code is amended--
(A) by striking ``section 223(d)'' and inserting
``section 223(c)'',
(B) in paragraph (2), by striking ``section
223(f)(2)'' and inserting ``section 223(e)(2)'', and
(C) by striking ``section 223(f)(3)'' and inserting
``section 223(e)(3)''.
(11) Section 4975 of such Code is amended--
(A) in subsection (c)(6)--
(i) by striking ``section 223(d)'' and
inserting ``section 223(c)'', and
(ii) by striking ``section 223(e)(2)'' and
inserting ``section 223(d)(2)'', and
(B) in subsection (e)(1)(E), by striking ``section
223(d)'' and inserting ``section 223(c)''.
(12) Section 6693(a)(2)(C) of such Code is amended by
striking ``section 223(h)'' and inserting ``section 223(g)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 5. RESTORING LOWER PENALTY FOR NONQUALIFIED DISTRIBUTIONS.
(a) HSAs.--Section 223(e)(4)(A) of the Internal Revenue Code of
1986, as amended by section 4, is amended by striking ``20 percent''
and inserting ``10 percent''.
(b) Effective Date.--The amendment made by this section shall apply
to distributions made in taxable years beginning after December 31,
2016. | Health Savings Account Expansion Act of 2016 This bill amends the Internal Revenue Code to modify the requirements for health savings accounts (HSAs). The bill modifies the requirements to: increase the maximum contribution amounts, permit the use of HSAs to pay health insurance premiums and direct primary care expenses, repeal the restriction on using HSAs for over-the-counter medications, eliminate the requirement that a participant in an HSA be enrolled in a high deductible health care plan, and decrease the additional tax for HSA distributions not used for qualified medical expenses. | {"src": "billsum_train", "title": "Health Savings Account Expansion Act of 2016"} | 1,992 | 122 | 0.40795 | 0.952319 | 0.583858 | 1.118182 | 15.272727 | 0.645455 |
SECTION 1. ESTABLISHMENT AND FUNCTIONS OF COMMISSION.
(a) Establishment.--There is established a Commission on Structural
Alternatives for the Federal Courts of Appeals (hereinafter referred to
as the ``Commission'').
(b) Functions.--The functions of the Commission shall be to--
(1) study the present division of the United States into
the several judicial circuits;
(2) study the structure and alignment of the Federal Court
of Appeals system, with particular reference to the Ninth
Circuit; and
(3) report to the President and the Congress its
recommendations for such changes in circuit boundaries or
structure as may be appropriate for the expeditious and
effective disposition of the caseload of the Federal Courts of
Appeals, consistent with fundamental concepts of fairness and
due process.
SEC. 2. MEMBERSHIP.
(a) Composition.--The Commission shall be composed of 10 members
appointed as follows:
(1) One member appointed by the President of the United
States.
(2) One member appointed by the Chief Justice of the United
States.
(3) Two members appointed by the Majority Leader of the
Senate.
(4) Two members appointed by the Minority Leader of the
Senate.
(5) Two members appointed by the Speaker of the House of
Representatives.
(6) Two members appointed by the Minority Leader of the
House of Representatives.
(b) Appointment.--The members of the Commission shall be appointed
within 60 days after the date of the enactment of this Act.
(c) Vacancy.--Any vacancy in the Commission shall be filled in the
same manner as the original appointment.
(d) Chair.--The Commission shall elect a Chair and Vice Chair from
among its members.
(e) Quorum.--Six members of the Commission shall constitute a
quorum, but three may conduct hearings.
SEC. 3. COMPENSATION.
(a) In General.--Members of the Commission who are officers, or
full-time employees, of the United States shall receive no additional
compensation for their services, but shall be reimbursed for travel,
subsistence, and other necessary expenses incurred in the performance
of duties vested in the Commission, but not in excess of the maximum
amounts authorized under section 456 of title 28, United States Code.
(b) Private Members.--Members of the Commission from private life
shall receive $200 for each day (including travel time) during which
the member is engaged in the actual performance of duties vested in the
Commission, plus reimbursement for travel, subsistence, and other
necessary expenses incurred in the performance of such duties, but not
in excess of the maximum amounts authorized under section 456 of title
28, United States Code.
SEC. 4. PERSONNEL.
(a) Executive Director.--The Commission may appoint an Executive
Director who shall receive compensation at a rate not exceeding the
rate prescribed for level V of the Executive Schedule under section
5316 of title 5, United States Code.
(b) Staff.--The Executive Director, with the approval of the
Commission, may appoint and fix the compensation of such additional
personnel as the Executive Director determines necessary, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service or the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates. Compensation under this
subsection shall not exceed the annual maximum rate of basic pay for a
position above GS-15 of the General Schedule under section 5108 of
title 5, United States Code.
(c) Experts and Consultants.--The Executive Director may procure
personal services of experts and consultants as authorized by section
3109 of title 5, United States Code, at rates not to exceed the highest
level payable under the General Schedule pay rates under section 5332
of title 5, United States Code.
(d) Services.--The Administrative Office of the United States
Courts shall provide administrative services, including financial and
budgeting services, to the Commission on a reimbursable basis. The
Federal Judicial Center shall provide necessary research services to
the Commission on a reimbursable basis.
SEC. 5. INFORMATION.
The Commission is authorized to request from any department,
agency, or independent instrumentality of the Government any
information and assistance the Commission determines necessary to carry
out its functions under this Act. Each such department, agency, and
independent instrumentality is authorized to provide such information
and assistance to the extent permitted by law when requested by the
Chair of the Commission.
SEC. 6. REPORT.
No later than 18 months following the date on which its sixth
member is appointed in accordance with section 2(b), the Commission
shall submit its report to the President and the Congress. The
Commission shall terminate 90 days after the date of the submission of
its report.
SEC. 7. CONGRESSIONAL CONSIDERATION.
No later than 60 days after the submission of the report, the
Committees on the Judiciary of the House of Representatives and the
Senate shall act on the report.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such
sums, not to exceed $900,000, as may be necessary to carry out the
purposes of this Act. Such sums as are appropriated shall remain
available until expended.
Passed the House of Representatives June 3, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Establishes a Commission on Structural Alternatives for the Federal Courts of Appeals to: (1) study the present division of the United States into the several judicial circuits and the structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit; and (2) report to the President and the Congress no later than 18 months after the sixth of its ten members is appointed on its recommended changes in circuit boundaries or structure to expedite and effectively dispose of the caseload of the Federal Courts of Appeals.
Directs the House and Senate Judiciary Committees to act on the report within 60 days of its transmission.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish a Commission on Structural Alternatives for the Federal Courts of Appeals."} | 1,179 | 147 | 0.561013 | 1.556368 | 0.770629 | 4.984 | 8.696 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible, Equitable, and Fair
Insurance for Homeowners Act of 2009'' or the ``REFI for Homeowners Act
of 2009''.
SEC. 2. REPLACEMENT OF HOPE FOR HOMEOWNERS PROGRAM WITH PROGRAM FOR
INSURANCE OF HOMEOWNERSHIP RETENTION MORTGAGES.
(a) Replacement of Program.--Title II of the National Housing Act
(12 U.S.C. 1707 et seq.) is amended--
(1) in section 257 (12 U.S.C. 1715z-23), as added by
section 1402(a) of Public Law 110-289--
(A) by striking subsections (a) through (k); and
(B) by striking subsections (n) through (v);
(2) by redesignating section 257 (12 U.S.C. 1715z-24), as
added by section 2124 of Public Law 110-289, as section 259;
and
(3) by inserting before such section 259 (as so
redesignated) the following new section:
``SEC. 258. INSURANCE OF HOMEOWNERSHIP RETENTION MORTGAGES.
``(a) Authority.--The Secretary shall, subject only to the absence
of qualified requests for insurance under this section and to the
limitations under sections 257(m) and 531(a), make commitments to
insure and insure any mortgage covering a 1- to 4-family residence that
is made for the purpose of paying or prepaying outstanding obligations
under an existing mortgage or mortgages on the residence if the
mortgage being insured under this section meets the requirements of
this section, as established by the Secretary. The Secretary shall
establish such mortgage insurance products, and requirements and
standards, in accordance with this section as the Secretary considers
appropriate to carry out this section and shall prescribe such
regulations and provide such guidance as may be necessary or
appropriate to implement such products, requirements, and standards.
``(b) Requirements of Insured Mortgage.--To be eligible for
insurance under this section, a mortgage shall comply with all of the
following requirements:
``(1) Primary residence.--The mortgagor under the mortgage
to be insured under this section shall provide documentation
satisfactory in the determination of the Secretary to prove
that the residence covered by the mortgage to be insured under
this section is occupied by the mortgagor as the primary
residence of the mortgagor, and that such residence is the only
residence in which the mortgagor has any present ownership
interest.
``(2) Troubled homeowner.--The mortgagor under the mortgage
to be insured under this section shall be the mortgagor under
the existing mortgage to be refinanced by the insured mortgage
and shall--
``(A) be in default on the mortgagor's obligations
under the existing mortgage;
``(B) be in danger of defaulting, as determined in
accordance with standards established by the Secretary,
on the mortgagor's obligations under the existing
mortgage; or
``(C) have a remaining principal obligation amount
under such existing mortgage that exceeds, at the time
of the commitment for mortgage insurance under this
section, the appraised value of the property that is
subject to such existing mortgage.
``(3) Prohibition on refinancing liar loans.--The Secretary
may not insure a mortgage under this section if the mortgagor
under such mortgage has knowingly, or willfully and with actual
knowledge, furnished any material information regarding the
income or financial worth of the mortgagor that is known to be
false for the purpose of obtaining the existing mortgage that
is to be refinanced by the mortgage to be insured under this
section.
``(4) Prohibition on refinancing zero-down loans and loans
with equity removed.--The Secretary may not insure a mortgage
under this section if--
``(A) under the existing mortgage to be refinanced,
the mortgagor did not make any payment on account of
the property (or any payment exceeding such nominal
amount as the Secretary may establish), in cash or its
equivalent, in connection with acquisition of the
property; or
``(B) during the term of the existing mortgage to
be refinanced, the mortgagor withdrew all, or
substantially all (in accordance with such standards
and guidelines as the Secretary shall establish) of any
equity of the mortgagor in the property subject to such
existing mortgage.
``(5) Terms.--The mortgage to be insured under this section
shall have such terms and conditions as the Secretary shall
provide, except that such mortgage shall--
``(A) have a term to maturity not exceeding 40
years; and
``(B) bear interest at an annual rate that is fixed
for the entire term of the mortgage.
``(6) Required waiver of prepayment penalties and fees.--
All penalties for prepayment or refinancing of the existing
mortgage, and all fees and penalties related to default or
delinquency on the existing mortgage, shall be waived or
forgiven.
``(7) Shared appreciation.--The Secretary shall provide
that, with respect to each mortgage insured under this section,
upon any sale or disposition of the property subject to such
mortgage occurring during the 5-year period beginning on the
date of the insurance of the mortgage, to the extent of any
principal write- down or interest rate subsidy provided in
connection with the mortgage, the Secretary and the mortgagee
shall be entitled to a percentage of any appreciation in value
of such property that has occurred since the date that such
mortgage was insured under this section, which percentage shall
decrease over time, and the mortgagor shall be entitled to the
remainder of any such appreciation.
``(8) Maximum loan amount.--The principal obligation amount
of the mortgage to be insured under this section shall not
exceed the applicable dollar amount limitation in effect under
section 305(a)(2) of the Federal Home Loan Mortgage Corporation
(12 U.S.C. 1452(a)(2)) for a property of the applicable size
for the area in which the property is located.
``(9) Term; interest rate.--The refinanced eligible
mortgage to be insured shall--
``(A) bear interest at a single rate that is fixed
for the entire term of the mortgage; and
``(B) have a maturity of not less than 30 years
from the date of the beginning of amortization of such
refinanced eligible mortgage.
``(c) Exit Fee.--The Secretary may establish a fee, charge, or
other mechanism for recovering, upon sale or other disposition of the
property that is subject to the mortgage insured under this section or
upon the subsequent refinancing of the mortgage, a portion of the
equity or appreciation in the property.
``(d) GNMA Pricing.--In order to facilitate favorable pricing for
loans insured under this section, the Board of Governors of the Federal
Reserve System, the Secretary of the Treasury, the Federal National
Mortgage Association, and the Federal Home Loan Mortgage Corporation
are authorized to purchase mortgage-backed securities guaranteed by the
Government National Mortgage Association that are backed by loans
originated under this section or whole loans originated and purchased
under this section. The Government National Mortgage Association is
authorized to hold, sell, and securitize whole loans originated under
this section.
``(e) Sunset.--The Secretary may not enter into any new commitment
to insure any refinanced eligible mortgage, or newly insure any
refinanced eligible mortgage pursuant to this section after the
expiration of the 3-year period beginning upon the date of the
enactment of this section.''.
(b) Use of Aggregate Insurance Authority and Funds Under HOPE for
Homeowners Program.--Section 257 of the National Housing Act (12 U.S.C.
1715z-24), as added by section 1402(a) of Public Law 110-289), is
amended--
(1) in subsection (l)(1), by striking ``this section'' and
inserting ``section 258'';
(2) in subsection (m), by striking ``this section'' and
inserting ``section 258'';
(3) in subsection (w)--
(A) in paragraphs (1) and (3), by striking ``HOPE
for Homeowners Program'' each place such term appears
and inserting ``mortgage insurance program under
section 258''; and
(B) in paragraph (4) by striking ``HOPE for
Homeowners Program in accordance with subsections (i)
and (k)'' and inserting ``mortgage insurance program
under section 258'';
(4) by redesignating subsections (l), (m), and (w) as
subsections (a), (b), and (c), respectively; and
(5) by striking the section heading and inserting the
following: ``hope fund and hope bonds.''
(c) Reducing TARP Funds to Offset Costs of Program.--Paragraph (3)
of section 115(a) of the Emergency Economic Stabilization Act of 2008
(12 U.S.C. 5225) is amended by inserting ``, as such amount is reduced
by $1,000,000,000,'' after ``$700,000,000,000''. | Responsible, Equitable, and Fair Insurance for Homeowners Act of 2009 or the REFI for Homeowners Act of 2009 - Amends the National Housing Act to direct the Secretary of Housing and Urban Development (HUD) to insure any mortgage covering a troubled homeowner's one- to four-family primary residence that is made to pay or prepay (refinance) outstanding obligations under an existing mortgage or mortgages meeting specified requirements.
Prohibits the refinancing of liar loans, zero-down loans, or loans with equity removed.
Authorizes the Board of Governors of the Federal Reserve System, the Secretary of the Treasury, the Federal National Mortgage Association (Fannie Mae), and the Federal Home Loan Mortgage Corporation (Freddie Mac) to purchase mortgage-backed securities guaranteed by the Government National Mortgage Association (GNMA [Ginnie Mae]) that are either backed by loans originated under this Act, or whole loans originated and purchased under this Act. Authorizes GNMA to hold, sell, and securitize such whole loans.
Amends the Emergency Economic Stabilization Act of 2008 (EESA) to reduce Troubled Asset Relief Program (TARP) funds to offset costs of this Program. | {"src": "billsum_train", "title": "To replace the HOPE for Homeowners Program with a new program developed and implemented by the Secretary of Housing and Urban Development."} | 2,052 | 268 | 0.474417 | 1.440876 | 0.745198 | 3.658986 | 8.396313 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Science Foundation Scholars
Program Act''.
SEC. 2. SCHOLARSHIP PROGRAM.
(a) Establishment.--The Director shall establish a program to
provide scholarships to students in science, technology, engineering,
or mathematics programs at institutions of higher education in the
United States.
(b) Application Process.--
(1) Preapplication information.--The Director shall make
available to potential scholarship applicants information
relating to the scholarship program, including--
(A) a description of expectations for the success
of scholarship recipients in school; and
(B) any other information the Director considers
appropriate.
(2) Deadline.--Complete applications shall be due by
January 1 of each year. No applications received after such
date shall be considered.
(3) Selection.--The Director shall select scholarship
recipients not later than April 15 of each year.
(4) Notification.--The Director shall develop a system to
ensure prompt notification to applicants of their selection for
a scholarship, including notification by at least 2 of the
following methods:
(A) E-mail.
(B) Telephone.
(C) Mail.
(c) Selection Criteria.--Scholarships shall be awarded under this
section on the basis of merit, high school class rank, a personal essay
on a topic chosen by the Director, and letters of recommendation of a
number and type determined by the Director, with consideration given to
financial need and the goal of providing support to members of
underrepresented groups, within the meaning of the Science and
Engineering Equal Opportunities Act (42 U.S.C. 1885 et seq.).
(d) Amount of Scholarship.--A scholarship award under this section
shall be in an amount sufficient to cover the cost of tuition, room and
board, and fees at the institution of higher education the student is
attending, not to exceed $20,000 per year.
(e) Limitation.--A student may not receive scholarships under this
section for more than 5 years of undergraduate study.
(f) Termination.--A student who has received scholarship support
under this section for a year who fails to maintain appropriate
academic achievement, as determined by the Director on the basis of the
student's transcript and a letter written by the student's advisor
assessing in detail the progress of the student, shall not have the
scholarship renewed for subsequent years.
(g) Geographic Distribution.--To the extent possible, the Director
shall ensure that scholarships under this section are distributed among
the States, including commonwealths, territories, and possessions of
the United States, proportionally to the size of their congressional
delegations.
SEC. 3. UNIVERSITY GRANTS.
The Director shall establish a program to award annual grants of
$5,000 to institutions of higher education at which 10 or more
undergraduates are receiving a scholarship under this Act to develop
and implement programs for--
(1) monthly gathering of such scholarship recipients to
hear and ask questions of a speaker in a science, technology,
engineering, or mathematics discipline working in business,
industry, elementary or secondary education, or at a museum or
other informal educational organization;
(2) annual poster sessions in which such scholarship
recipients present their research experience to, among others,
high school students who are potential applicants for a
scholarship under this Act;
(3) other outreach to middle school and high school
students; and
(4) mentoring for the scholarship recipients.
SEC. 4. NATIONAL SCIENCE FOUNDATION RESPONSIBILITIES.
The Director shall--
(1) annually report to the Congress on the status of
programs implemented under this Act, including--
(A) aggregate data on scholarship recipients, not
including any personally identifying data;
(B) the geographic distribution of scholarship
awards;
(C) activities of scholarship recipients after
receiving their undergraduate degree;
(D) any changes made to those programs; and
(E) responses to any other congressional inquiries;
and
(2) establish and maintain a website for current, former,
and potential scholarship recipients to share ideas, contribute
to issue forums, present work, and learn about research
opportunities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Science
Foundation for carrying out this Act--
(1) $242,000,000 for fiscal year 2007;
(2) $726,000,000 for fiscal year 2008;
(3) $1,695,500,000 for fiscal year 2009;
(4) $2,180,000,000 for fiscal year 2010; and
(5) $2,664,500,000 for fiscal year 2011.
SEC. 6. DEFINITIONS.
For purposes of this Act--
(1) the term ``Director'' means the Director of the
National Science Foundation; and
(2) the term ``institution of higher education'' has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001). | National Science Foundation Scholars Program Act - Requires the Director of the National Science Foundation to provide competitive scholarships to students in undergraduate science, engineering, technology, or mathematics programs.
Requires the Director to award annual $5,000 grants to institutions of higher education attended by at least 10 such scholarship recipients to develop programs which provide: (1) such recipients with interaction, on a monthly basis, with speakers in the science, engineering, technology, or mathematics disciplines who work in business, industry, elementary or secondary education, museums, or other informal educational settings; (2) annual poster sessions through which recipients present their research efforts; (3) outreach to middle and high school students; and (4) recipient mentoring.
Requires the Director to establish a website where current, former, and potential scholarship recipients can share ideas, present work, and learn of research opportunities. | {"src": "billsum_train", "title": "To provide for the establishment of a program at the National Science Foundation to increase the population of science, technology, engineering, and mathematics undergraduate students through a scholarship program to increase the business, industrial, academic, and scientific workforce, and for other purposes."} | 1,031 | 174 | 0.523212 | 1.387384 | 0.867662 | 2.747059 | 5.835294 | 0.911765 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Master Limited Partnerships Parity
Act''.
SEC. 2. EXTENSION OF PUBLICLY TRADED PARTNERSHIP OWNERSHIP STRUCTURE TO
ENERGY POWER GENERATION PROJECTS, TRANSPORTATION FUELS,
AND RELATED ENERGY ACTIVITIES.
(a) In General.--Subparagraph (E) of section 7704(d)(1) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``income and gains derived from the
exploration'' and inserting ``income and gains derived from the
following:
``(i) Minerals, natural resources, etc.--
The exploration'';
(2) by inserting ``or'' before ``industrial source'';
(3) by inserting a period after ``carbon dioxide''; and
(4) by striking ``, or the transportation or storage'' and
all that follows and inserting the following:
``(ii) Renewable energy.--The generation of
electric power (including the leasing of
tangible personal property used for such
generation) exclusively utilizing any resource
described in section 45(c)(1) or energy
property described in section 48 (determined
without regard to any termination date), or in
the case of a facility described in paragraph
(3) or (7) of section 45(d) (determined without
regard to any placed in service date or date by
which construction of the facility is required
to begin), the accepting or processing of such
resource.
``(iii) Energy storage property.--The sale
of electric power, capacity, resource adequacy,
demand response capabilities, or ancillary
services that is produced or made available
from any equipment or facility (operating as a
single unit or as an aggregation of units) the
principal function of which is to--
``(I) use mechanical, chemical,
electrochemical, hydroelectric, or
thermal processes to store energy that
was generated at one time for
conversion to electricity at a later
time, or
``(II) store thermal energy for
direct use for heating or cooling at a
later time in a manner that avoids the
need to use electricity at that later
time.
``(iv) Combined heat and power.--The
generation, storage, or distribution of thermal
energy exclusively utilizing property described
in section 48(c)(3) (determined without regard
to subparagraphs (B) and (D) thereof and
without regard to any placed in service date).
``(v) Renewable thermal energy.--The
generation, storage, or distribution of thermal
energy exclusively using any resource described
in section 45(c)(1) or energy property
described in clause (i) or (iii) of section
48(a)(3)(A).
``(vi) Waste heat to power.--The use of
recoverable waste energy, as defined in section
371(5) of the Energy Policy and Conservation
Act (42 U.S.C. 6341(5)) (as in effect on the
date of the enactment of the Master Limited
Partnerships Parity Act).
``(vii) Renewable fuel infrastructure.--The
storage or transportation of any fuel described
in subsection (b), (c), (d), or (e) of section
6426.
``(viii) Renewable fuels.--The production,
storage, or transportation of any renewable
fuel described in section 211(o)(1)(J) of the
Clean Air Act (42 U.S.C. 7545(o)(1)(J)) (as in
effect on the date of the enactment of the
Master Limited Partnerships Parity Act) or
section 40A(d)(1).
``(ix) Fuel derived from captured carbon
dioxide.--The production, storage, or
transportation of any fuel which--
``(I) uses carbon dioxide captured
from an anthropogenic source or the
atmosphere as its primary feedstock,
and
``(II) is determined by the
Secretary, in consultation with the
Secretary of Energy and the
Administrator of the Environmental
Protection Agency, to achieve a
reduction of not less than a 60 percent
in lifecycle greenhouse gas emissions
(as defined in section 211(o)(1)(H) of
the Clean Air Act) compared to baseline
lifecycle greenhouse gas emissions (as
defined in section 211(o)(1)(C) of such
Act).
This clause shall not apply to any fuel which
uses as its primary feedstock carbon dioxide
which is deliberately released from naturally-
occurring subsurface springs.
``(x) Renewable chemicals.--The production,
storage, or transportation of any qualifying
renewable chemical (as defined in paragraph
(6)).
``(xi) Energy efficient buildings.--The
audit and installation through contract or
other agreement of any energy efficient
building property described in section
179D(c)(1).
``(xii) Gasification with sequestration.--
The production of any product or the generation
of electric power from a project--
``(I) which meets the requirements
of subparagraphs (A) and (B) of section
48B(c)(1), and
``(II) not less than 75 percent of
the total carbon dioxide emissions of
which is qualified carbon dioxide (as
defined in section 45Q(b)) which is
disposed of or utilized as provided in
paragraph (7).
``(xiii) Carbon capture and
sequestration.--
``(I) Power generation
facilities.--The generation or storage
of electric power (including associated
income from the sale or marketing of
energy, capacity, resource adequacy,
and ancillary services) produced from
any power generation facility which is,
or from any power generation unit
within, a qualified facility which is
described in section 45Q(c) and not
less than 50 percent (30 percent in the
case of a facility or unit placed in
service before January 1, 2017) of the
total carbon dioxide emissions of which
is qualified carbon dioxide which is
disposed of or utilized as provided in
paragraph (7).
``(II) Other facilities.--The sale
of any good or service from any
facility (other than a power generation
facility) which is a qualified facility
described in section 45Q(c) and the
captured qualified carbon dioxide (as
so defined) of which is disposed of as
provided in paragraph (7).''.
(b) Renewable Chemical.--
(1) In general.--Section 7704(d) of such Code is amended by
adding at the end the following new paragraph:
``(6) Qualifying renewable chemical.--
``(A) In general.--The term `qualifying renewable
chemical' means any renewable chemical (as defined in
section 9001 of the Agriculture Act of 2014)--
``(i) which is produced by the taxpayer in
the United States or in a territory or
possession of the United States,
``(ii) which is the product of, or reliant
upon, biological conversion, thermal
conversion, or a combination of biological and
thermal conversion, of renewable biomass (as
defined in section 9001(13) of the Farm
Security and Rural Investment Act of 2002),
``(iii) the biobased content of which is 95
percent or higher,
``(iv) which is sold or used by the
taxpayer--
``(I) for the production of
chemical products, polymers, plastics,
or formulated products, or
``(II) as chemicals, polymers,
plastics, or formulated products,
``(v) which is not sold or used for the
production of any food, feed, or fuel, and
``(vi) which is--
``(I) acetic acid, acrylic acid,
acyl glutamate, adipic acid, algae
oils, algae sugars, 1,4-butanediol
(BDO), iso-butanol, n-butanol, C10 and
higher hydrocarbons produced from
olefin metathesis, carboxylic acids
produced from olefin metathesis,
cellulosic sugar, diethyl methylene
malonate, dodecanedioic acid (DDDA),
esters produced from olefin metathesis,
ethyl acetate, ethylene glycol,
farnesene, 2,5-furandicarboxylic acid,
gamma-butyrolactone, glucaric acid,
hexamethylenediamine (HMD), 3-hydroxy
propionic acid, iso-butene, isoprene,
itaconic acid, lactide, levulinic acid,
polyhydroxyalkonate (PHA), polylactic
acid (PLA), polyethylene furanoate
(PEF), polyethylene terephthalate
(PET), polyitaconic acid, polyols from
vegetable oils, poly(xylitan levulinate
ketal), 1,3-propanediol, 1,2-
propanediol, rhamnolipids, short and
medium chain carboxylic acids produced
from anaerobic digestion, succinic
acid, terephthalic acid, vegetable
fatty acid derived from ethyl esters
containing vegetable oil, or p-Xylene,
or
``(II) any chemical not described
in clause (i) which is a chemical
listed by the Secretary for purposes of
this paragraph.
``(B) Biobased content.--For purposes of
subparagraph (A)(iii), the term `biobased content
percentage' means, with respect to any renewable
chemical, the biobased content of such chemical
(expressed as a percentage) determined by testing
representative samples using the American Society for
Testing and Materials (ASTM) D6866.''.
(2) List of other qualifying renewable chemicals.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury (or the Secretary's
delegate), in consultation with the Secretary of Agriculture,
shall establish a program to consider applications from
taxpayers for the listing of chemicals under section
7874(d)(6)(A)(vi)(II) (as added by paragraph (1)).
(c) Disposal and Utilization of Captured Carbon Dioxide.--Section
7704(d) of such Code, as amended by subsection (b), is amended by
adding at the end the following new paragraph:
``(7) Disposal and utilization of captured carbon
dioxide.--For purposes of clauses (xii)(III) and (xiii)(I) of
paragraph (1)(E), carbon dioxide is disposed of or utilized as
provided in this paragraph if such carbon dioxide is--
``(A) placed into secure geological storage (as
determined under section 45Q(d)(2)),
``(B) used as a tertiary injectant (as defined in
section 45Q(d)(3)) in a qualified enhanced oil or
natural gas recovery project (as defined in section
45Q(d)(4)) and placed into secure geological storage
(as so determined),
``(C) fixated through photosynthesis or
chemosynthesis (such as through the growing of algae or
bacteria),
``(D) chemically converted to a material or
chemical compound in which it is securely stored, or
``(E) used for any other purpose which the
Secretary determines has the potential to strengthen or
significantly develop a competitive market for carbon
dioxide captured from man-made sources.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, in taxable years
ending after such date. | Master Limited Partnerships Parity Act This bill amends the Internal Revenue Code, with respect to the tax treatment of publicly traded partnerships as corporations, to expand the definition of "qualifying income" for such partnerships (known as master limited partnerships) to include income and gains from renewable and alternative energy generation projects (in addition to fossil fuel-based energy generation projects) and related infrastructure for transportation or storage, including energy derived from thermal resources, waste, renewable fuels and chemicals, energy efficient buildings, gasification, and carbon capture in secure geological storage. | {"src": "billsum_train", "title": "Master Limited Partnerships Parity Act"} | 2,613 | 119 | 0.487922 | 1.345716 | 0.667467 | 1.669811 | 20.867925 | 0.820755 |
SECTION 1. FINDINGS.
The Congress finds that--
(1) the right to public trials and other court proceedings
is protected by the First and Sixth Amendments to the
Constitution;
(2) while members of the public once commonly attended
trials in person, today they must rely on the print and
electronic media to learn about court proceedings;
(3) Americans' understanding of the courts and their
important work, as well as respect for the judicial system, is
enhanced when photographic and electronic media coverage is
permitted;
(4) while 47 States now allow photographic and electronic
media coverage of some or all of their courts, Federal courts
have been entirely closed to such coverage, aside from a
limited experimental program;
(5) the presence of cameras and microphones in the
courtroom does not deny litigants due process of law, or
interfere with the fundamental fairness of the trial, as the
Supreme Court recognized more than a decade ago in Chandler v.
Florida; and
(6) photographic and electronic media coverage of the
courts does not, when appropriately regulated, either disrupt
the proceedings or undermine the fair administration of
justice.
SEC. 2. MEDIA COVERAGE OF COURT PROCEEDINGS.
Chapter 111 of title 28, United States Code, is amended by adding
at the end the following new section:
``Sec. 1659. Media coverage of court proceedings
``(a) Media Coverage.--
``(1) In criminal proceedings.--The Judicial Conference
shall, within 1 year after the effective date of this section,
authorize an experimental program in which the presiding judge
of a court of the United States may, in his or her discretion,
and subject to the provisions of this section, permit
photographic or electronic media coverage of criminal court
proceedings, including trials. At least 15 Federal judicial
districts shall participate in the experimental program.
``(2) In civil proceedings.--Any presiding judge of a court
of the United States may, in his or her discretion, and subject
to the provisions of this section, permit photographic or
electronic media coverage of civil court proceedings, including
trials.
``(3) General limitations.--The court may in any case
refuse, limit, or terminate photographic or electronic media
coverage in the interests of justice to protect the rights of
the parties and the dignity of the court, or to assure the fair
administration of justice. No changes in the scheduling, form,
or procedure of any court proceeding may be made, by virtue of
this section, for the benefit of the media in providing
photographic or electronic media coverage under this section.
``(b) Permission To Use Media Coverage.--
``(1) Requests for permission.--A request for permission to
use photographic or electronic media coverage of a court
proceeding under this section shall be made on a form approved
by the Judicial Conference that is filed within a reasonable
time before the portion of the proceeding for which media
coverage is requested. The clerk of the court shall promptly
notify the parties to the proceeding of the request.
``(2) Action of the court on requests.--A decision of the
court granting or denying a request for photographic or
electronic media coverage shall be in writing and shall be
included in the record of the court proceedings. A decision to
permit such coverage shall contain any restrictions imposed by
the judge on the photographic or electronic media coverage and
shall contain a statement advising the parties that any
violation of the rules of the court with respect to such
permission may be punished by the court as a contempt thereof.
A decision of the court under this paragraph to grant or deny a
request for photographic or electronic media coverage may be
set aside on review only if it is found to be an abuse of
discretion.
``(3) Pretrial conference.--A pretrial conference shall be
held in each case in which photographic or electronic media
coverage of a proceeding has been approved. At such conference,
the presiding judge shall review with counsel and the media who
will participate in the photographic or electronic media
coverage the restrictions to be imposed on such coverage.
Counsel shall convey to the court any concerns of prospective
witnesses with respect to the photographic or electronic media
coverage.
``(c) Prohibited Coverage.--
``(1) Prohibitions.--Proceedings held in chambers,
proceedings closed to the public, and jury selection shall not
be photographed, recorded, or broadcast under this section. The
testimony of police informants, minors, undercover agents, and
in cases involving sex offenses, the victim and family of the
victim, shall not be photographed, recorded, or broadcast under
this section. Conferences between an attorney and a client,
witness, or aide, between attorneys, or between counsel and the
court at the bench shall not be recorded or received by sound
equipment. Closeup photography of jurors is prohibited.
``(2) Arraignments and suppression hearings.--Photographic
or electronic media coverage of arraignments and suppression
hearings shall not be permitted unless the proceedings are open
to the public.
``(3) Witnesses at criminal trials.--Upon the request of a
witness in any criminal proceeding for which photographic or
electronic media coverage is permitted under this section, the
presiding judge may, for good cause shown based on the
circumstances of that witness, order that the visual image of
the witness be obscured.
``(d) Equipment and Personnel.--The court may require media
personnel to demonstrate that equipment proposed to be used for
photographic or electronic media coverage under this section complies
with this section. The court may specify the placement of media
personnel and equipment to permit reasonable coverage without
disruption of the proceedings. Unless the court in its discretion
orders otherwise, the following applies:
``(1) Only 2 television cameras and 2 still photographers,
with not more than 4 cameras and 6 lenses, are permitted.
``(2) Equipment shall not produce distracting sound or
light. Signal lights or devices indicating when equipment is
operating shall not be visible.
``(3) If the court permits existing courtroom sound and
lighting systems to be modified, the modifications shall be
installed, maintained, and removed without cost to the Federal
Government. Microphones and wiring shall be unobtrusively
located in places approved by the court and shall be operated
by 1 person.
``(4) Operators shall not move equipment or enter or leave
the courtroom while the court is in session, or otherwise cause
a distraction.
``(5) Equipment or clothing shall not bear the insignia or
marking of a media agency.
``(e) Pooling.--If media agencies are unable to agree on
arrangements for pooled coverage of a proceeding, the court shall deny
photographic and electronic media coverage of the proceeding under this
section.
``(f) Other Photographing, Recording, or Broadcasting.--Any
photographing, recording, or broadcasting of court proceedings, other
than that permitted under this section, is prohibited unless
specifically authorized by the court, except that the court may not
waive any provision of subsection (c).
``(g) Review Committee.--
``(1) Creation.--There shall be created a committee to
evaluate whether photographic or electronic media coverage of
criminal court proceedings should be permitted after June 30,
1998, or whether such coverage so disrupts or interferes with
the fairness of criminal court proceedings as to justify its
prohibition.
``(2) Membership.--The committee shall consist of 16
members, 4 to be appointed by the Judicial Conference, 4 to be
appointed by the Attorney General of the United States, 2 to be
appointed by the Speaker of the House of Representatives, 2 to
be appointed by the minority leader of the House of
Representatives, 2 to be appointed by the majority leader of
the Senate, and 2 to be appointed by the minority leader of the
Senate. The chair of the committee shall be appointed by the
Judicial Conference. At least 1 member of the committee
appointed by the Attorney General shall be a representative of
the electronic news media, and at least 1 member of the
committee appointed by the Judicial Conference shall be a trial
judge who has had experience with photographic or electronic
media coverage of court proceedings.
``(3) Duties.--The committee shall evaluate, analyze, and
monitor the effect of media coverage of criminal court
proceedings on the administration of justice. The Federal
Judicial Center shall cooperate with the committee in
connection with the review of the impact of photographic or
electronic media coverage on criminal court proceedings. The
committee may request participation and assistance from bar
associations in carrying out its functions.
``(4) Compensation.--The members of the committee shall
serve without compensation for their services as members of the
committee, except that each member of the committee who is not
an officer or employee of the Federal Government may be allowed
necessary and actual expenses incurred in the performance of
his or her duties under this subsection. Such expenses shall be
paid by the Administrative Office of the United States Courts.
``(5) Recommendations.--The committee shall make
recommendations to the Congress and to the Judicial Conference
with respect to the efficacy of the experimental program
authorized by subsection (a)(1), the effects of the program on
the administration of justice, and whether the program should
be continued. Such recommendations shall be submitted not later
than January 31, 1998.
``(h) Rules and Regulations.--The Judicial Conference shall
promulgate appropriate rules to carry out this section after affording
all interested persons, agencies, and institutions an opportunity to
review and comment thereon. Such rules shall include provisions to
ensure that the photographic or electronic media coverage of court
proceedings does not interfere with the decorum and dignity of
courtrooms and court facilities.
``(i) Definitions.--For purposes of this section--
``(1) the term `photographic or electronic media coverage'
means any recording or broadcasting of court proceedings by the
media using television, radio, photographic, or recording
equipment; and
``(2) the term `media' or `media agency' means any person
or organization engaging in news gathering or reporting and
includes any newspaper, radio or television station or network,
news service, magazine, trade paper, in-house publication,
professional journal, or other news reporting or news gathering
agency.
``(j) Termination or Extension of Program.--
``(1) Termination.--Subject to paragraph (2), the
experimental program authorized by subsection (a)(1) shall
terminate on June 30, 1998.
``(2) Extension by judicial conference.--Paragraph (1) does
not apply if the Judicial Conference extends the program
authorized by subsection (a)(1) and so notifies the Congress in
writing before June 30, 1998. Such extension may apply to
criminal proceedings in all judicial districts (subject to
subsection (c)) and may apply until such time as the Judicial
Conference provides otherwise.
``(k) Inapplicability of Rule 53 of the Rules of Criminal
Procedure.--Rule 53 of the Federal Rules of Criminal Procedure does not
apply during the period the program authorized by subsection (a)(1)
(including any extension under subsection (j)(2)) is in effect.
``(l) Independent Action by Judicial Conference.--Nothing in this
section precludes the Judicial Conference from authorizing photographic
and electronic media coverage of criminal proceedings before the
program authorized by subsection (a)(1) terminates.''.
SEC. 3. CONFORMING AMENDMENT.
The table of sections for chapter III of title 28, United States
Code, is amended by adding at the end the following:
``1659. Media coverage of court proceedings.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on the
date of the enactment of this Act. | Amends the Federal judicial code to: (1) direct the Judicial Conference to authorize an experimental program in which the presiding judge of a court of the United States may, in his or her discretion, permit photographic or electronic media coverage of criminal court proceedings, including trials (requires that at least 15 Federal judicial districts participate in the experimental program); and (2) authorize any presiding judge to permit such coverage of civil court proceedings, including trials.
Authorizes the court in any case to refuse, limit, or terminate such coverage in the interests of justice to protect the rights of the parties and the dignity of the court, or to assure the fair administration of justice. Prohibits any changes in the scheduling, form, or procedure of any court proceeding by virtue of this Act for the benefit of the media in providing such coverage.
Sets forth provisions regarding: (1) requests for permission to use media coverage; (2) prohibited coverage; (3) equipment and personnel; (4) pooled coverage; and (5) other photographing, recording, or broadcasting.
Provides for the creation of a committee to evaluate whether photographic or electronic media coverage of criminal court proceedings should be permitted after June 30, 1998, or whether such coverage so disrupts or interferes with the fairness of criminal court proceedings as to justify its prohibition. Directs: (1) the committee to evaluate, analyze, and monitor the effect of media coverage of criminal court proceedings on the administration of justice and make recommendations to the Congress and the Judicial Conference; (2) the Federal Judicial Center to cooperate with the committee in connection with the review of the impact of such coverage; and (3) the Judicial Conference to promulgate appropriate rules to carry out this Act after affording all interested persons, agencies, and institutions an opportunity to review and comment thereon.
Terminates the experimental program on June 30, 1998, unless the Judicial Conference extends the program and notifies the Congress in writing before that date.
Makes rule 53 of the Federal Rules of Criminal Procedure (prohibiting taking photographs in the court room during judicial proceedings or radio broadcasting such proceedings) inapplicable during the period that the program is in effect.
Allows the Judicial Conference to authorize such coverage of criminal proceedings before the program terminates. | {"src": "billsum_train", "title": "To amend title 28, United States Code, with respect to photographing, recording, and broadcasting court proceedings."} | 2,478 | 474 | 0.660797 | 2.15975 | 0.950161 | 5.289238 | 5.423767 | 0.952915 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stroke Treatment and Ongoing
Prevention Act''.
SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT REGARDING STROKE
PROGRAMS.
(a) Stroke Education and Information Programs.--Title III of the
Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding
at the end the following:
``PART R--STROKE EDUCATION, INFORMATION, AND DATA COLLECTION PROGRAMS
``SEC. 399AA. STROKE PREVENTION AND EDUCATION CAMPAIGN.
``(a) In General.--The Secretary shall carry out an education and
information campaign to promote stroke prevention and increase the
number of stroke patients who seek immediate treatment.
``(b) Authorized Activities.--In implementing the education and
information campaign under subsection (a), the Secretary may--
``(1) make public service announcements about the warning
signs of stroke and the importance of treating stroke as a
medical emergency;
``(2) provide education regarding ways to prevent stroke
and the effectiveness of stroke treatment; and
``(3) carry out other activities that the Secretary
determines will promote prevention practices among the general
public and increase the number of stroke patients who seek
immediate care.
``(c) Measurements.--In implementing the education and information
campaign under subsection (a), the Secretary shall--
``(1) measure public awareness before the start of the
campaign to provide baseline data that will be used to evaluate
the effectiveness of the public awareness efforts;
``(2) establish quantitative benchmarks to measure the
impact of the campaign over time; and
``(3) measure the impact of the campaign not less than once
every 2 years or, if determined appropriate by the Secretary,
at shorter intervals.
``(d) No Duplication of Effort.--In carrying out this section, the
Secretary shall avoid duplicating existing stroke education efforts by
other Federal Government agencies.
``(e) Consultation.--In carrying out this section, the Secretary
may consult with organizations and individuals with expertise in stroke
prevention, diagnosis, treatment, and rehabilitation.
``SEC. 399BB. PAUL COVERDELL NATIONAL ACUTE STROKE REGISTRY AND
CLEARINGHOUSE.
``The Secretary, acting through the Centers for Disease Control and
Prevention, shall maintain the Paul Coverdell National Acute Stroke
Registry and Clearinghouse by--
``(1) continuing to develop and collect specific data
points and appropriate benchmarks for analyzing care of acute
stroke patients;
``(2) collecting, compiling, and disseminating information
on the achievements of, and problems experienced by, State and
local agencies and private entities in developing and
implementing emergency medical systems and hospital-based
quality of care interventions; and
``(3) carrying out any other activities the Secretary
determines to be useful to maintain the Paul Coverdell National
Acute Stroke Registry and Clearinghouse to reflect the latest
advances in all forms of stroke care.
``SEC. 399CC. STROKE DEFINITION.
``For purposes of this part, the term `stroke' means a `brain
attack' in which blood flow to the brain is interrupted or in which a
blood vessel or aneurysm in the brain breaks or ruptures.
``SEC. 399DD. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$5,000,000 for each of fiscal years 2005 through 2009.''.
(b) Emergency Medical Professional Development.--Section 1251 of
the Public Health Service Act (42 U.S.C. 300d-51) is amended to read as
follows:
``SEC. 1251. MEDICAL PROFESSIONAL DEVELOPMENT IN ADVANCED STROKE AND
TRAUMATIC INJURY TREATMENT AND PREVENTION.
``(a) Residency and Other Professional Training.--The Secretary may
make grants to public and nonprofit entities for the purpose of
planning, developing, and enhancing approved residency training
programs and other professional training for appropriate health
professions in emergency medicine, including emergency medical services
professionals, to improve stroke and traumatic injury prevention,
diagnosis, treatment, and rehabilitation.
``(b) Continuing Education on Stroke and Traumatic Injury.--
``(1) Grants.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration, may make grants to qualified entities for the
development and implementation of education programs for
appropriate health care professionals in the use of newly
developed diagnostic approaches, technologies, and therapies
for health professionals involved in the prevention, diagnosis,
treatment, and rehabilitation of stroke or traumatic injury.
``(2) Distribution of grants.--In awarding grants under
this subsection, the Secretary shall give preference to
qualified entities that will train health care professionals
that serve areas with a significant incidence of stroke or
traumatic injuries.
``(3) Application.--A qualified entity desiring a grant
under this subsection shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a plan for
the rigorous evaluation of activities carried out with amounts
received under the grant.
``(4) Definitions.--For purposes of this subsection:
``(A) The term `qualified entity' means a
consortium of public and private entities, such as
universities, academic medical centers, hospitals, and
emergency medical systems that are coordinating
education activities among providers serving in a
variety of medical settings.
``(B) The term `stroke' means a `brain attack' in
which blood flow to the brain is interrupted or in
which a blood vessel or aneurysm in the brain breaks or
ruptures.
``(c) Report.--Not later than 1 year after the allocation of grants
under this section, the Secretary shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
results of activities carried out with amounts received under this
section.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for each of fiscal
years 2005 through 2009. The Secretary shall equitably allocate the
funds authorized to be appropriated under this section between efforts
to address stroke and efforts to address traumatic injury.''.
SEC. 3. PILOT PROJECT ON TELEHEALTH STROKE TREATMENT.
(a) Establishment.--Part D of title III of the Public Health
Service Act (42 U.S.C. 254b et seq.) is amended by inserting after
section 330L the following:
``SEC. 330M. TELEHEALTH STROKE TREATMENT GRANT PROGRAM.
``(a) Grants.--The Secretary may make grants to States, and to
consortia of public and private entities located in any State that is
not a grantee under this section, to conduct a 5-year pilot project
over the period of fiscal years 2005 through 2009 to improve stroke
patient outcomes by coordinating health care delivery through
telehealth networks.
``(b) Administration.--The Secretary shall administer this section
through the Director of the Office for the Advancement of Telehealth.
``(c) Consultation.--In carrying out this section, for the purpose
of better coordinating program activities, the Secretary shall consult
with--
``(1) officials responsible for other Federal programs
involving stroke research and care, including such programs
established by the Stroke Treatment and Ongoing Prevention Act;
and
``(2) organizations and individuals with expertise in
stroke prevention, diagnosis, treatment, and rehabilitation.
``(d) Use of Funds.--
``(1) In general.--The Secretary may not make a grant to a
State or a consortium under this section unless the State or
consortium agrees to use the grant for the purpose of--
``(A) identifying entities with expertise in the
delivery of high-quality stroke prevention, diagnosis,
treatment, and rehabilitation;
``(B) working with those entities to establish or
improve telehealth networks to provide stroke treatment
assistance and resources to health care professionals,
hospitals, and other individuals and entities that
serve stroke patients;
``(C) informing emergency medical systems of the
location of entities identified under subparagraph (A)
to facilitate the appropriate transport of individuals
with stroke symptoms;
``(D) establishing networks to coordinate
collaborative activities for stroke prevention,
diagnosis, treatment, and rehabilitation;
``(E) improving access to high-quality stroke care,
especially for populations with a shortage of stroke
care specialists and populations with a high incidence
of stroke; and
``(F) conducting ongoing performance and quality
evaluations to identify collaborative activities that
improve clinical outcomes for stroke patients.
``(2) Establishment of consortium.--The Secretary may not
make a grant to a State under this section unless the State
agrees to establish a consortium of public and private
entities, including universities and academic medical centers,
to carry out the activities described in paragraph (1).
``(3) Prohibition.--The Secretary may not make a grant
under this section to a State that has an existing telehealth
network that is or may be used for improving stroke prevention,
diagnosis, treatment, and rehabilitation, or to a consortium
located in such a State, unless the State or consortium agrees
that--
``(A) the State or consortium will use an existing
telehealth network to achieve the purpose of the grant;
and
``(B) the State or consortium will not establish a
separate network for such purpose.
``(e) Priority.--In selecting grant recipients under this section,
the Secretary shall give priority to any applicant that submits a plan
demonstrating how the applicant, and where applicable the members of
the consortium described in subsection (d)(2), will use the grant to
improve access to high-quality stroke care for populations with
shortages of stroke-care specialists and populations with a high
incidence of stroke.
``(f) Grant Period.--The Secretary may not award a grant to a State
or a consortium under this section for any period that--
``(1) is greater than 3 years; or
``(2) extends beyond the end of fiscal year 2009.
``(g) Restriction on Number of Grants.--In carrying out the 5-year
pilot project under this section, the Secretary may not award more than
7 grants.
``(h) Application.--To seek a grant under this section, a State or
a consortium of public and private entities shall submit an application
to the Secretary in such form, in such manner, and containing such
information as the Secretary may require. At a minimum, the Secretary
shall require each such application to outline how the State or
consortium will establish baseline measures and benchmarks to evaluate
program outcomes.
``(i) Definition.--In this section, the term `stroke' means a
`brain attack' in which blood flow to the brain is interrupted or in
which a blood vessel or aneurysm in the brain breaks or ruptures.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2005, $13,000,000 for fiscal year 2006, $15,000,000 for fiscal year
2007, $8,000,000 for fiscal year 2008, and $4,000,000 for fiscal year
2009.''.
(b) Study; Reports.--
(1) Final report.--Not later than March 31, 2010, the
Secretary of Health and Human Services shall conduct a study of
the results of the telehealth stroke treatment grant program
under section 330M of the Public Health Service Act (added by
subsection (a)) and submit to the Congress a report on such
results that includes the following:
(A) An evaluation of the grant program outcomes,
including quantitative analysis of baseline and
benchmark measures.
(B) Recommendations on how to promote stroke
networks in ways that improve access to clinical care
in rural and urban areas and reduce the incidence of
stroke and the debilitating and costly complications
resulting from stroke.
(C) Recommendations on whether similar telehealth
grant programs could be used to improve patient
outcomes in other public health areas.
(2) Interim reports.--The Secretary of Health and Human
Services may provide interim reports to the Congress on the
telehealth stroke treatment grant program under section 330M of
the Public Health Service Act (added by subsection (a)) at such
intervals as the Secretary determines to be appropriate.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize the Secretary
of Health and Human Services to establish Federal standards for the
treatment of patients or the licensure of health care professionals.
Passed the House of Representatives June 14, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Stroke Treatment and Ongoing Prevention Act - (Sec. 2) Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out an education and information campaign to promote stroke prevention and to increase the number of stroke patients who seek immediate treatment. Allows the Secretary to: (1) make public service announcements about the warning signs of stroke and the importance of treating stroke as a medical emergency; (2) provide education regarding ways to prevent stroke and the effectiveness of stroke treatment; and (3) consult with organizations and individuals with expertise in stroke prevention, diagnosis, treatment, and rehabilitation (treatment). Requires the Secretary to evaluate the campaign and measure its impact every two years.
Requires the Secretary, acting through the Centers for Disease Control (CDC), to maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse by: (1) collecting specific data points and benchmarks for stroke care analysis; (2) compiling and disseminating information on State, local, and private care system achievements and problems; and (3) carrying out activities to reflect the latest advances in all forms of stroke care.
Includes developing and enhancing training for health professions to improve stroke and traumatic injury prevention, diagnosis, and treatment within the the purposes of the grant program for emergency medicine residency training.
Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration, to make grants to qualified entities for health care professionals education programs in the use of diagnostic approaches, technologies, and therapies for stroke and traumatic injury treatment. Gives preference to areas with a significant incidence of stroke or traumatic injuries. Requires qualified entities to include with a grant application a plan for the rigorous evaluation of activities carried out. Sets forth reporting requirements. Authorizes appropriations for FY 2005 through 2009.
(Sec. 3) Authorizes the Secretary, through the Director of the Office for the Advancement of Telehealth, to make up to seven grants to States and to consortia of public and private entities in any non-grantee State to conduct a five-year pilot project to improve patient outcomes by coordinating health care through telehealth networks. Requires the Secretary to consult with officials responsible for other Federal programs involving stroke research and care and with organizations and individuals with expertise in stroke treatment.
Requires States to use the grants to: (1) identify entities with expertise in the delivery of high-quality stroke treatment; (2) work with those entities to establish or improve telehealth networks to provide stroke treatment assistance and resources; (3) inform emergency medical systems of the location of entities to facilitate the transport of individuals with stroke symptoms; (4) establish networks to coordinate collaborative activities for stroke treatment; (5) improve access to high-quality stroke care, especially for populations with a shortage of stroke care specialists or with a high incidence of stroke; and (6) conduct performance and quality evaluations to identify activities that improve clinical outcomes for stroke patients. Requires States to establish a consortium of public and private entities, including universities and academic medical centers, to carry out these activities. Prohibits the Secretary from making a grant to a State, or a consortium within a State, with an existing telehealth network for improving stroke treatment unless the State or consortium agrees to use the existing telehealth network to achieve the purpose of the grant. Gives priority to any applicant that submits a plan demonstrating how the applicant will use the grant to improve access to high-quality stroke care for target populations.
Limits the award of grants to periods of three years, or periods that do not extend beyond FY 2009. Requires an application to outline how the State or consortium will establish baseline measures and benchmarks to evaluate program outcomes. Authorizes appropriations for FY 2005 through 2009. Requires a report that includes: (1) an evaluation of the grant program outcomes; (2) recommendations on how to promote stroke networks in ways that improve access to clinical care in rural and urban areas and reduce the incidence of stroke and resulting complications; (3) recommendations on whether similar telehealth grant programs could be used to improve patient outcomes in other public health areas. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to strengthen education, prevention, and treatment programs relating to stroke, and for other purposes."} | 2,848 | 876 | 0.6989 | 2.000278 | 0.686566 | 4.744361 | 3.239348 | 0.93985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Battlefield Excellence through
Superior Training Practices Act'' or ``BEST Practices Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Department of Defense has made impressive strides
in the development and use of methods of medical training and
troop protection, such as the use of tourniquets and
improvements in body armor, that have led to decreased
battlefield fatalities.
(2) The Department of Defense uses more than 8,500 live
animals each year to train physicians, medics, corpsmen, and
other personnel methods of responding to severe battlefield
injuries.
(3) The civilian sector has almost exclusively phased in
the use of superior human-based training methods for numerous
medical procedures currently taught in military courses using
animals.
(4) Human-based medical training methods such as simulators
replicate human anatomy and can allow for repetitive practice
and data collection.
(5) According to scientific, peer-reviewed literature,
medical simulation increases patient safety and decreases
errors by healthcare providers.
(6) The Army Research, Development and Engineering Command
and other entities of the Department of Defense have taken
significant steps to develop methods to replace live animal-
based training.
(7) According to the report by the Department of Defense
titled ``Final Report on the use of Live Animals in Medical
Education and Training Joint Analysis Team'', published on July
12, 2009--
(A) validated, high-fidelity simulators were to
have been available for nearly every high-volume or
high-value battlefield medical procedure by the end of
2011, and many were available as of 2009; and
(B) validated, high-fidelity simulators were to
have been available to teach all other procedures to
respond to common battlefield injuries by 2014.
(8) The Center for Sustainment of Trauma and Readiness
Skills of the Air Force exclusively uses human-based training
methods in its courses and does not use animals.
(9) In 2013, the Army instituted a policy forbidding non-
medical personnel from participating in training courses
involving the use of animals.
(10) In 2013, the medical school of the Department of
Defense, part of the Uniformed Services University of the
Health Sciences, replaced animal use within its medical student
curriculum.
(11) The Coast Guard announced in 2014 that it would reduce
by half the number of animals it uses for combat trauma
training courses but stated that animals would continue to be
used in courses designed for Department of Defense personnel.
(12) Effective January 1, 2015, the Department of Defense
replaced animal use in six areas of medical training, including
Advanced Trauma Life Support courses and the development and
maintenance of surgical and critical care skills for field
operational surgery and field assessment and skills tests for
international students offered at the Defense Institute of
Medical Operations.
SEC. 3. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN MEDICAL
TRAINING.
(a) In General.--Chapter 101 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 2017. Requirement to use human-based methods for certain medical
training
``(a) Combat Trauma Injuries.--(1) Not later than October 1, 2018,
the Secretary of Defense shall develop, test, and validate human-based
training methods for the purpose of training members of the armed
forces in the treatment of combat trauma injuries with the goal of
replacing live animal-based training methods.
``(2) Not later than October 1, 2020, the Secretary--
``(A) shall only use human-based training methods for the
purpose of training members of the armed forces in the
treatment of combat trauma injuries; and
``(B) may not use animals for such purpose.
``(b) Annual Reports.--Not later than October 1, 2016, and each
year thereafter, the Secretary shall submit to the congressional
defense committees a report on the development and implementation of
human-based training methods for the purpose of training members of the
armed forces in the treatment of combat trauma injuries under this
section.
``(c) Definitions.--In this section:
``(1) The term `combat trauma injuries' means severe
injuries likely to occur during combat, including--
``(A) hemorrhage;
``(B) tension pneumothorax;
``(C) amputation resulting from blast injury;
``(D) compromises to the airway; and
``(E) other injuries.
``(2) The term `human-based training methods' means, with
respect to training individuals in medical treatment, the use
of systems and devices that do not use animals, including--
``(A) simulators;
``(B) partial task trainers;
``(C) moulage;
``(D) simulated combat environments;
``(E) human cadavers; and
``(F) rotations in civilian and military trauma
centers.
``(3) The term `partial task trainers' means training aids
that allow individuals to learn or practice specific medical
procedures.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 101 of title 10, United States Code, is amended by adding at
the end the following new item:
``2017. Requirement to use human-based methods for certain medical
training.''. | Battlefield Excellence through Superior Training Practices Act or the BEST Practices Act Requires the Department of Defense (DOD), no later than: (1) October 1, 2018, to develop, test, and validate human-based training methods for training members of the Armed Forces in the treatment of combat trauma injuries, with the goal of replacing live animal-based training methods; and (2) October 1, 2020, to use only use human-based training methods for such purposes. Prohibits the use of animals in such training after the latter date. Requires DOD to submit an annual report to Congress regarding the development and implementation of the human-based training methods. | {"src": "billsum_train", "title": "BEST Practices Act"} | 1,146 | 138 | 0.62468 | 1.985044 | 0.712627 | 3.945736 | 8.860465 | 0.906977 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Genetic Information Health Insurance
Nondiscrimination Act of 1996''.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF
GENETIC INFORMATION.
(a) In General.--
(1) Application to insurers.--An insurer may not deny,
cancel, or refuse to renew health insurance coverage, may not
vary the premiums, terms, or conditions for health insurance
coverage, and may not otherwise discriminate with respect to an
individual with respect to health insurance coverage--
(A) on the basis of genetic information, or
(B) on the basis of the request for, or receipt of,
genetic information or a genetic test.
(2) Application to group health plans.--A group health plan
may not establish rules relating to who may be a participant or
beneficiary with respect to the plan, may not vary the
premiums, terms, or conditions for benefits under the plan, and
otherwise may not otherwise discriminate with respect to a
participant or beneficiary under the plan--
(A) on the basis of genetic information, or
(B) on the basis of the request for, or receipt of,
genetic information or a genetic test.
(b) Limitation on Collection and Disclosure of Genetic
Information.--
(1) Limitation on collection.--An insurer may not request
or require an individual to whom the insurer provides health
insurance coverage (or an individual who desires the insurer to
provide health insurance coverage), and a group health plan may
not request or require a participant or beneficiary under the
plan (or an individual who desires to become such a participant
or beneficiary), to disclose any genetic information or to
obtain any genetic test.
(2) Restriction on disclosure.--Subject to paragraph (3),
an insurer or group health plan may not disclose genetic
information about an individual (regardless of how the
information was obtained) without a prior written authorization
of the individual (or legal representative of the individual)
that includes--
(A) a description of the information being
disclosed,
(B) the name of the individual or person to whom
the disclosure is being made, and
(C) the purpose of the disclosure.
Such authorization is required for each disclosure.
(3) Exceptions to disclosure restriction.--Genetic
information concerning an individual may be disclosed by an
insurer or group health plan if such disclosure--
(A) is authorized under criminal laws relating to
the identification of individuals, or is authorized
under Federal or State law and is necessary for the
purpose of a criminal or death investigation, a
criminal or juvenile proceeding, an inquest, or a child
fatality review by a multidisciplinary child abuse
team;
(B) is required under the specific order of a
court;
(C) is authorized under law for the purpose of
establishing paternity;
(D) is for the purpose of furnishing genetic
information relating to a decedent to the blood
relatives of the decedent for the purpose of medical
diagnosis; or
(E) is for the purpose of identifying a body.
(c) Disclosure of Rights.--Each insurer and group health plan shall
provide for disclosure of the rights under this section in such manner
as the Secretary may require.
(d) Enforcement.--
(1) Insurers.--
(A) Enforcement by state insurance commissioner.--
(i) In general.--The requirements
established under subsections (a), (b), and (c)
insofar as they apply to insurers shall be
enforced by the State insurance commissioner
for the State involved or the official or
officials designated by the State.
(ii) Enforcement plan.--Each State shall
require that an insurer offering or renewing
health insurance coverage in such State meet
such requirements pursuant to an enforcement
plan filed by the State with the Secretary.
(B) Enforcement by secretary.--In the case of the
failure of a State to file such a plan or substantially
enforce the plan, the Secretary shall implement an
enforcement plan in such State. Under the Secretary's
enforcement plan, each insurer operating in such State
that violates a requirement of subsection (a), (b), or
(c) shall be subject to civil enforcement under
sections 502, 504, 506, and 510 of the Employee
Retirement Income Security Act of 1974. For purposes of
applying the previous sentence, any reference in the
sections referred to in such sentence to the Secretary
of Labor is deemed a reference to the Secretary of
Health and Human Services.
(2) Group health plans.--With respect to group health
plans, the Secretary of Labor shall enforce the requirements
established under subsections (a), (b), and (c) in the same
manner as provided for under sections 502, 504, 506, and 510 of
the Employee Retirement Income Security Act of 1974.
(2) Private right of action.--A person may bring a civil
action--
(A) to enjoin any act or practice which violates
subsection (a) or (b),
(B) to obtain other appropriate equitable relief
(i) to redress such violations, or (ii) to enforce any
such subsections, or
(C) to obtain other legal relief, including
monetary damages.
(3) Jurisdiction.--State courts of competent jurisdiction
and district courts of the United States have concurrent
jurisdiction of actions under this subsection. The district
courts of the United States shall have jurisdiction, without
respect to the amount in controversy or the citizenship of the
parties, to grant the relief provided for in paragraph (2) in
any action.
(4) Venue.--For purposes of this subsection the venue
provisions of section 1391 of title 28, United States Code,
shall apply.
(5) Regulations.--The Secretary and the Secretary of Labor
(in consultation with the Secretary in relation to the
application of this section with respect to group health plans)
may promulgate such regulations as may be necessary or
appropriate to carry out this section.
(e) Applicability.--
(1) Preemption of state law.--A State may establish or
enforce requirements for insurers or health insurance coverage
with respect to the subject matter of this section, but only if
such requirements are not less restrictive than the
requirements established under subsections (a), (b), and (c).
(2) Rule of construction.--Nothing in this section shall be
construed to affect or modify the provisions of section 514 of
the Employee Retirement Income Security Act of 1974.
(3) Continuation.--Nothing in this section shall be
construed as requiring a group health plan to provide benefits
to a particular participant or beneficiary.
(f) Definitions.--For purposes of this Act:
(1) Genetic information.--The term ``genetic information''
means the information about genes, gene products, or inherited
characteristics that may derive from an individual or a blood-
relative of the individual.
(2) Genetic test.--The term ``genetic test'' means a test
for determining the presence or absence of genetic
characteristics in an individual.
(3) Group health plan.--The term ``group health plan means
any employee welfare benefit plan, governmental plan, or church
plan (as defined under paragraphs (1), (32), and (33) of
section 3 of the Employee Retirement Income Security Act of
1974) that provides or pays for medical benefits whether
directly, through insurance, or otherwise.
(4) Health insurance coverage.--The term ``health insurance
coverage'' means a contractual arrangement for the provision
of, or payment for, health care, including any arrangement
consisting of a hospital or medical expense incurred policy or
certificate, hospital or medical service plan contract, or
health maintenance organization subscriber contract and
including such an arrangement in connection with a group health
plan.
(5) Insurer.--The term ``insurer'' means an insurance
company, insurance service, or insurance organization
(including a health maintenance organization) which is licensed
to engage in the business of insurance in a State and which is
subject to State law which regulates insurance (within the
meaning of section 514(b)(2)) and which provides health
insurance coverage. Such term does not include a group health
plan.
(6) Participant; beneficiary.--The terms ``participant''
and ``beneficiary'' have the meanings given such terms in
paragraphs (7) and (8), respectively, of section 3 of the
Employee Retirement Income Security Act of 1974.
(7) Secretary.--Except as specifically provided, the term
``Secretary'' means the Secretary of Health and Human Services.
(8) State.--The term ``State'' includes the District of
Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin
Islands, American Samoa, and Guam.
(g) Authorization of Funding Under ERISA.--Section 508 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1138) is
amended by inserting ``and under the Genetic Information Health
Insurance Nondiscrimination Act of 1996'' before the period.
(h) Effective Date.--This section shall apply to health insurance
coverage offered or renewed and to group health plans after the end of
the 90-day period beginning on the date of the enactment of this Act. | Genetic Information Health Insurance Nondiscrimination Act of 1996 - Prohibits health insurance and group health plan discrimination on the basis of genetic information or on the basis of a request for, or receipt of, genetic information or a genetic test. Regulates the collection and disclosure of genetic information by insurers.
Provides for enforcement, including fallback enforcement under the Employee Retirement Income Security Act of 1974 (ERISA). Amends ERISA to allow amounts appropriated under the Act to be used to carry out this Act. | {"src": "billsum_train", "title": "Genetic Information Health Insurance Nondiscrimination Act of 1996"} | 1,993 | 114 | 0.604043 | 1.565685 | 0.631977 | 3.6 | 19.726316 | 0.884211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trading With the People's Republic
of China Military Act of 1998''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--Congress makes the following findings:
(1) The People's Liberation Army is the principal
instrument of repression within the People's Republic of China
and is responsible for massacring an unknown number of
students, workers, and other demonstrators for democracy in
Tiananmen Square on June 4, 1989.
(2) The People's Liberation Army is responsible for
occupying Tibet since 1950 and implementing the official policy
of the People's Republic of China to eliminate the unique
cultural, linguistic, and religious heritage of the Tibetan
people.
(3) The People's Liberation Army has operational control of
the People's Armed Police, an internal security force of over
1,000,000 troops, whose primary purpose is to suppress the
legitimate protests of the Chinese people.
(4) The People's Liberation Army is engaged in a massive
effort to modernize its military capabilities.
(5) The People's Liberation Army owns and operates hundreds
of companies and thousands of factories the profits from which
in some measure are used to support military activities.
(6) Companies owned by the People's Liberation Army and the
People's Armed Police export to the United States such products
as toys, clothing, frozen fish, lighting fixtures, garlic,
glassware, yarn, footwear, chemicals, machinery, metal
products, furniture, decorations, gloves, tents, and tools.
(7) Companies owned by the People's Liberation Army and the
People's Armed Police regularly solicit investment in joint
ventures with United States companies.
(8) The People's Liberation Army and the People's Armed
Police have established at least 23 different companies in the
United States over the past decade.
(9) The people of the United States are unaware that
certain products they purchase in retail stores are produced by
companies owned and operated by the People's Liberation Army or
the People's Armed Police.
(10) The purchase of these products by United States
consumers places them in the position of unwittingly
subsidizing the operations of the People's Liberation Army and
the People's Armed Police.
(11) The Government of the People's Republic of China, with
the assistance of the People's Liberation Army and the People's
Armed Police, continues to deny its citizens basic human rights
enumerated in the Universal Declaration of Human Rights,
persecutes those who seek to freely practice their religion,
and denies workers the right to establish free and independent
trade unions.
(b) Policy.--It is the policy of the United States to prohibit any
entity owned, operated, or controlled by the People's Liberation Army
or the People's Armed Police from operating in the United States or
from conducting certain business with persons subject to the
jurisdiction of the United States.
SEC. 3. COMPILATION AND PUBLICATION OF LIST OF PEOPLE'S REPUBLIC OF
CHINA MILITARY COMPANIES.
(a) Compilation and Publication.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the Treasury, the Attorney
General, the Director of Central Intelligence, and the Director
of the Federal Bureau of Investigation, shall--
(A) compile a list of persons who are People's
Republic of China military companies and who are
operating directly or indirectly in the United States
or any of its territories and possessions; and
(B) publish the list of such persons in the Federal
Register.
(2) Periodic updates.--Every 6 months after the date of the
publication of the list under paragraph (1), the Secretary of
Defense, in consultation with the officials referred to in that
paragraph, shall make such additions to or deletions from the
list as the Secretary considers appropriate based on the latest
information available.
(b) People's Republic of China Military Company.--For purposes of
making the determination required by subsection (a), the term
``People's Republic of China military company''--
(1) means a person that is--
(A) engaged in providing commercial services,
manufacturing, producing, or exporting; and
(B) owned, operated, or controlled by the People's
Liberation Army or the People's Armed Police; and
(2) includes any person identified in Defense Intelligence
Agency publication numbered VP-1920-271-90, dated September
1990, or PC-1921-57-95, dated October 1995, or any updates of
such publications under subsection (c).
(c) Updating of Publications.--Not later than 90 days after the
date of enactment of this Act, and every 6 months thereafter, the
Defense Intelligence Agency shall update the publications referred to
in subsection (b)(2) for purposes of determining People's Republic of
China military companies under this section.
SEC. 4. PROHIBITIONS.
(a) Officers, Directors, Etc.--It shall be unlawful for any person
to serve as an officer, director, or other manager of any office or
business anywhere in the United States or its territories or
possessions that is owned, operated, or controlled by a People's
Republic of China military company.
(b) Divestiture.--The President shall by regulation require the
closing and divestiture of any office or business in the United States
or its territories or possessions that is owned, operated, or
controlled by a People's Republic of China military company.
(c) Importation.--No goods or services that are the growth,
product, or manufacture of a People's Republic of China military
company may enter the customs territory of the United States.
(d) Contracts, Loans, Ownership Interests.--It shall be unlawful
for any person subject to the jurisdiction of the United States--
(1) to make any loan or other extension of credit to any
People's Republic of China military company; or
(2) to acquire an ownership interest in any People's
Republic of China military company.
(e) Exports.--It shall be unlawful for any person subject to the
jurisdiction of the United States to export goods, technology, or
services to, or for any person to export goods, technology, or services
that are subject to the jurisdiction of the United States to, a
People's Republic of China military company.
(f) Exception for Humanitarian Items.--Subsections (a) through (e)
shall not apply with respect to a transaction if the President--
(1) determines that the transaction involves the transfer
of food, clothing, medicine, or emergency supplies intended to
relieve human suffering; and
(2) transmits notice of that determination to Congress.
SEC. 5. REGULATORY AUTHORITY.
The President shall prescribe such regulations as are necessary to
carry out this Act.
SEC. 6. PENALTIES.
Any person who knowingly violates section 4 or any regulation
issued thereunder--
(1) in the case of the first offense, shall be fined not
more than $100,000, imprisoned not more than 1 year, or both;
and
(2) in the case of any subsequent offense, shall be fined
not more than $1,000,000, imprisoned not more than 4 years, or
both.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) People's armed police.--The term ``People's Armed
Police'' means the paramilitary service of the People's
Republic of China, whether or not such service is subject to
the control of the People's Liberation Army, the Public
Security Bureau of that government, or any other governmental
entity of the People's Republic of China.
(2) People's liberation army.--The term ``People's
Liberation Army'' means the land, naval, and air military
services and the military intelligence services of the People's
Republic of China, and any member of any such service. | Trading With the People's Republic of China Military Act of 1998 - Declares it to be U.S. policy to prohibit any entity owned, operated, or controlled by the People's Liberation Army or the People's Armed Police from operating in the United States or from conducting certain business with persons subject to the jurisdiction of the United States.
Directs the Secretary of Defense to compile, and publish in the Federal Register, a list of persons who are People's Republic of China (PRC) military companies operating directly or indirectly in the United States or any of its territories or possessions.
Makes it unlawful for any person to: (1) serve as an officer, director, or other manager of any office or business anywhere in the United States or its territories or possessions that is owned, operated, or controlled by a PRC military company; or (2) make any loan or other extension of credit to any PRC military company, or acquire any ownership interest in such a company. Makes it unlawful for: (1) any person subject to U.S. jurisdiction to export goods, technology, or services to such a company; or (2) any person to export to such a company any goods, technology, or services subject to U.S. jurisdiction.
Directs the President to require by regulation the closing and divestiture of such companies in the United States or its territories or possessions.
Prohibits goods or services that are the growth, product, or manufacture of a PRC military company from being imported into the United States.
Sets forth penalties for violations of this Act. | {"src": "billsum_train", "title": "Trading with the People's Republic of China Military Act of 1998"} | 1,753 | 333 | 0.529628 | 1.894385 | 0.657477 | 5.630719 | 5.284314 | 0.924837 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forbidding Advertisement Through
Child Exploitation Act of 2013'', or the ``FACE Act of 2013''.
SEC. 2. PROHIBITION ON COMMERCIAL USE BY SOCIAL MEDIA SERVICES OF
UPLOADED SELF-IMAGES OF MINORS.
(a) In General.--A provider of a social media service may not
intentionally or knowingly use for a commercial purpose a self-image
uploaded to such service by a minor.
(b) Regulations.--The Federal Trade Commission may promulgate
regulations under section 553 of title 5, United States Code, to
implement this section.
SEC. 3. APPLICATION AND ENFORCEMENT.
(a) General Application.--The requirements of section 2 and the
regulations promulgated under such section apply, according to their
terms, to those persons, partnerships, and corporations over which the
Federal Trade Commission has authority pursuant to section 5(a)(2) of
the Federal Trade Commission Act (15 U.S.C. 45(a)(2)).
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
section 2 or a regulation promulgated under such section shall
be treated as an unfair or deceptive act or practice in
violation of a regulation under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
unfair or deceptive acts or practices.
(2) Powers of commission.--The Federal Trade Commission
shall enforce section 2 and the regulations promulgated under
such section in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any person who violates section 2 or a
regulation promulgated under such section shall be subject to
the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act.
(c) Enforcement by State Attorneys General.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason to
believe that an interest of the residents of such State has
been or is threatened or adversely affected by an act or
practice in violation of section 2 or a regulation promulgated
under such section, the State, as parens patriae, may bring a
civil action on behalf of the residents of the State in an
appropriate State court or an appropriate district court of the
United States to--
(A) enjoin such act or practice;
(B) enforce compliance with such section or such
regulation;
(C) obtain damages, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other legal and equitable relief as
the court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State involved
shall provide to the Federal Trade Commission a written notice
of such action and a copy of the complaint for such action. If
the attorney general, official, or agency determines that it is
not feasible to provide the notice described in this paragraph
before the filing of the action, the attorney general,
official, or agency shall provide written notice of the action
and a copy of the complaint to the Federal Trade Commission
immediately upon the filing of the action.
(3) Authority of federal trade commission.--On receiving
notice under paragraph (2) of an action under this subsection,
the Federal Trade Commission shall have the right--
(A) to intervene in the action;
(B) upon so intervening, to be heard on all matters
arising therein; and
(C) to file petitions for appeal.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act shall be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the attorney
general, official, or agency by the laws of such State to
conduct investigations, administer oaths and affirmations, or
compel the attendance of witnesses or the production of
documentary and other evidence.
SEC. 4. EFFECT ON STATE LAW.
Nothing in this Act preempts any provision of law of a State or a
political subdivision of a State that is more protective with respect
to commercial use of self-images uploaded by minors to social media
services.
SEC. 5. DEFINITIONS.
In this Act:
(1) Self-image.--The term ``self-image'' means, with
respect to an individual, an image that depicts the individual.
(2) Social media service.--The term ``social media
service'' means any online service that allows an individual to
upload, store, and manage personal content in order to share
the content with other individuals.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect on the date that is 6 months after the
date of the enactment of this Act. | Forbidding Advertisement Through Child Exploitation Act of 2013 or the FACE Act of 2013 - Prohibits social media service providers from intentionally or knowingly using for a commercial purpose a self-image uploaded by a minor. Defines "social media service" as any online service that allows an individual to upload, store, and manage personal content to share with other individuals. Requires violations to be treated as an unfair or deceptive act or practice under the Federal Trade Commission Act. Sets forth the enforcement authority of the Federal Trade Commission (FTC) and state attorneys general. | {"src": "billsum_train", "title": "FACE Act of 2013"} | 1,150 | 135 | 0.525468 | 1.620081 | 0.652411 | 4.333333 | 9.733333 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Abandoned Foreclosures
and Preserving Communities Act of 2016''.
SEC. 2. NOTIFICATION REQUIREMENTS FOR SERVICERS THAT INITIATE
FORECLOSURE PROCEEDINGS.
The Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2601
et seq.) is amended--
(1) in section 3 (12 U.S.C. 2602)--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(10) the term `enterprise' has the meaning given the term
in section 1303 of the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4502).''; and
(2) in section 6 (12 U.S.C. 2605), by adding at the end the
following:
``(n) Notices Relating to Foreclosure.--
``(1) Definition.--In this subsection, the term `covered
loan' means--
``(A) a federally related mortgage loan; or
``(B) a non-performing loan purchased from a
Federal agency or an enterprise.
``(2) Initial notice requirement.--
``(A) In general.--A servicer of a covered loan
that makes the first notice or filing required by
applicable State law for a judicial or non-judicial
foreclosure process against a borrower and any other
record owners shall notify the borrower and any other
record owners in writing that, until the date on which
the deed and title for the property for which the
covered loan was made are transferred to another
person, the borrower and any other record owners--
``(i) may remain in the property until such
time as the borrower and any other record
owners are required to vacate the property
under State law; and
``(ii) shall, to the extent required under
State law, be responsible for the payment of
any taxes, assessments, and other fees
associated with the property.
``(B) State law requirements.--A servicer of a
covered loan is not required to provide the written
notice described in subparagraph (A) if the servicer
provides notice to the borrower and any other record
owners, under applicable State law, of the information
described in subparagraph (A).
``(3) Notice of charge-off and release of lien.--
``(A) In general.--If a servicer of a covered loan
makes the first notice or filing required by applicable
State law for a judicial or non-judicial foreclosure
process against a borrower and any other record owners
and subsequently charges off the covered loan and
releases the lien on the property for which the covered
loan was made, the servicer shall provide prompt
notice, in writing, of the charge-off and release to--
``(i) the borrower and any other record
owners, which shall include a statement that--
``(I) the title to the property is
no longer encumbered by the lien;
``(II) the covered loan has been
discharged;
``(III) the borrower and any other
record owners may face income tax
consequences related to the discharged
covered loan; and
``(IV) the borrower and any other
record owners may want to consult a tax
advisor; and
``(ii) the taxing district in which the
property is located.
``(B) Required attempts.--A servicer that is
required to provide notice to a borrower and any other
record owners under subparagraph (A)(i)--
``(i) shall make not less than 3 attempts
to provide the notice, where the servicer
makes--
``(I) not less than 2 attempts to
provide the notice by telephone; and
``(II) not less than 1 attempt to
provide the notice in writing; and
``(ii) shall attempt to locate the borrower
and any other record owners and provide the
notice if the servicer has information that the
borrower and any other record owners no longer
reside at the property.
``(C) Language.--A servicer shall provide the
notice under subparagraph (A)(i) in the preferred
language of the borrower if the servicer has
information that the borrower has indicated a preferred
language other than English.
``(4) Standard notification forms.--The Bureau may develop
and issue standard forms, which may be submitted in paper or
electronic format, for the provision of the notices required
under paragraphs (2) and (3).
``(5) Database of abandoned foreclosures.--
``(A) Definition.--In this paragraph, the term
`abandoned foreclosure' means a covered loan--
``(i) that is secured by a property that
was the principal residence of the borrower--
``(I) at the time of the
origination of the covered loan; or
``(II) when the servicer of the
covered loan made the first notice or
filing required by applicable State law
for a judicial or non-judicial
foreclosure process;
``(ii) that is not an open-end credit or
reverse mortgage loan; and
``(iii) where the servicer of the covered
loan--
``(I) has made the first notice or
filing required by applicable State law
for a judicial or non-judicial
foreclosure process; and
``(II) has--
``(aa) ceased to pursue
additional action in the
foreclosure process; or
``(bb) charged off the
covered loan and released the
lien on the property for which
the covered loan was made.
``(B) Database.--Not later than 3 years after the
date of enactment of this subsection, the Bureau shall
establish, maintain, and periodically update a database
of abandoned foreclosures.
``(C) Contents.--The database established under
subparagraph (B) shall include, for each abandoned
foreclosure--
``(i) the address information for the
property;
``(ii) the status of the deed or title to
the property;
``(iii) the number of days the borrower was
delinquent before the servicer initiated the
foreclosure;
``(iv) the outstanding amount of the
covered loan at the time the servicer initiated
the foreclosure;
``(v) the date on which the servicer
initiated the foreclosure;
``(vi) the date on which the servicer
charged off the covered loan and released the
lien; and
``(vii) the amount of the covered loan
charged off by the servicer.
``(D) Accessibility.--The Bureau may, at the
discretion of the Director of the Bureau, provide
access to the database established under subparagraph
(B) to taxing districts.
``(E) Protection of information.--The Bureau shall
take appropriate and necessary steps to ensure the
protection of personally identifiable information in
the database established under subparagraph (B).
``(6) Rule of construction.--Nothing in this section shall
be construed to preempt or prohibit any provision of State law
with respect to notice provided to borrowers relating to a
foreclosure, except to the extent that the requirements of this
section provide greater notice to such a borrower.''.
SEC. 3. SELLER AND SERVICER ELIGIBILITY.
(a) Enterprises.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Federal Housing Finance Agency shall
promulgate a rule that provides that a seller or servicer of a
mortgage loan held by the Federal National Mortgage Association
or the Federal Home Loan Mortgage Corporation (or an affiliate
thereof)--
(A) may not, with respect to the mortgage loan--
(i) make the first notice or filing
required by applicable State law for a judicial
or non-judicial foreclosure process; and
(ii) following the notice or filing, cease
to pursue additional action in the foreclosure
process or charge off the mortgage loan unless
the seller or servicer contemporaneously
records a release of the mortgage loan in the
registry of deeds in which the mortgage is
recorded, which release shall include a
discharge of the debt secured by the mortgage
loan; and
(B) with respect to the servicer of the mortgage
loan, is required to comply with the notice
requirements under paragraphs (1) and (2) of section
6(n) of the Real Estate Settlement Procedures Act of
1974, as added by section 2 of this Act.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to inhibit or preclude a seller or servicer of a
mortgage loan described in paragraph (1) from continuing or
initiating loss mitigation during the foreclosure process,
including participating in any available mediation program or
process under State law.
(b) Federal Housing Administration.--Section 203 of the National
Housing Act (12 U.S.C. 1709) is amended by adding at the end the
following:
``(y) Prohibition on Abandoned Foreclosures.--
``(1) In general.--To be eligible to service a mortgage
insured under this section, a servicer may not, with respect to
the mortgage--
``(A) make the first notice or filing required by
applicable State law for a judicial or non-judicial
foreclosure process; and
``(B) following the notice or filing, cease to
pursue additional action in the foreclosure process or
charge off the mortgage unless the servicer
contemporaneously records a release of the mortgage in
the registry of deeds in which the mortgage is
recorded, which release shall include a discharge of
the debt secured by the mortgage.
``(2) Required notice.--A servicer of a mortgage insured
under this section shall comply with the notice requirements
under paragraphs (2) and (3) of section 6(n) of the Real Estate
Settlement Procedures Act of 1974.
``(3) Rule of construction.--Nothing in paragraph (1) shall
be construed to inhibit or preclude a servicer of a mortgage
from continuing or initiating loss mitigation during the
foreclosure process, including participating in any available
mediation program or process under State law.''.
SEC. 4. GAO STUDY ON ABANDONED FORECLOSURES.
(a) Definitions.--In this section:
(1) Abandoned foreclosure.--The term ``abandoned
foreclosure'' means a covered loan--
(A) that is secured by a property that was the
principal residence of the borrower--
(i) at the time of the origination of the
covered loan; or
(ii) when the servicer of the covered loan
made the first notice or filing required by
applicable State law for a judicial or non-
judicial foreclosure process;
(B) that is not an open-end credit or reverse
mortgage loan; and
(C) where the servicer of the covered loan--
(i) has made the first notice or filing
required by applicable State law for a judicial
or non-judicial foreclosure process; and
(ii) has--
(I) ceased to pursue additional
action in the foreclosure process; or
(II) charged off the covered loan
and released the lien on the property
for which the covered loan was made.
(2) Covered loan.--The term ``covered loan'' means--
(A) a federally related mortgage loan; or
(B) a non-performing loan purchased from a Federal
agency or an enterprise.
(3) Enterprise.--The term ``enterprise'' has the meaning
given the term in section 1303 of the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992 (12
U.S.C. 4502).
(4) Federally related mortgage loan.--The term ``federally
related mortgage loan'' has the meaning given the term in
section 3 of the Real Estate Settlement Procedures Act of 1974
(12 U.S.C. 2602).
(b) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress, the Committee on Banking, Housing, and Urban Affairs of the
Senate, and the Committee on Financial Services of the House of
Representatives a report on--
(1) the incidence and concentration of abandoned
foreclosures;
(2) the impact of abandoned foreclosures on neighborhood
and community property values, including the propensity of
abandoned foreclosures to lead to foreclosures on neighboring
properties; and
(3) the best available methods to collect information on
abandoned foreclosures, taking into account the cost of
collecting that information.
(c) Recommendations.--The report submitted under subsection (b) may
include recommendations for additional requirements or conditions for
servicers with respect to charging off covered loans or releasing liens
on abandoned foreclosures.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to limit the rights of a tenant to remain in a property
during a foreclosure process that are in effect under Federal or State
law as of the date of enactment of this Act. | Preventing Abandoned Foreclosures and Preserving Communities Act of 2016 This bill amends the Real Estate Settlement Procedures Act of 1974 to require a servicer of a federally related or federally backed mortgage loan to provide, with respect to foreclosure proceedings, specified notice to the borrower and applicable taxing district. Unless specified requirements are met, a servicer of a loan insured by the Federal Housing Administration and backed by either the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac) may not abandon an initiated foreclosure. The Consumer Financial Protection Bureau must establish a database of abandoned foreclosures. The Government Accountability Office shall conduct a study on abandoned foreclosures. | {"src": "billsum_train", "title": "Preventing Abandoned Foreclosures and Preserving Communities Act of 2016"} | 2,927 | 187 | 0.492839 | 1.494129 | 0.912888 | 2.97479 | 22.588235 | 0.806723 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arming Pilots Against Terrorism
Act''.
SEC. 2. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 44921. Federal flight deck officer program
``(a) Establishment.--Not later than 90 days after the date of
enactment of this section, the Under Secretary of Transportation for
Security shall establish a program to deputize qualified volunteer
pilots of passenger aircraft as Federal law enforcement officers to
defend the flight decks of aircraft of air carriers engaged in air
transportation or intrastate air transportation against acts of
criminal violence or air piracy. Such officers shall be known as
`Federal flight deck officers'. The program shall be administered in
connection with the Federal air marshal program.
``(b) Qualified Pilot.--Under the program, a qualified pilot is a
pilot of an aircraft engaged in air transportation or intrastate air
transportation who--
``(1) is employed by an air carrier;
``(2) has demonstrated to the satisfaction of the Under
Secretary fitness to be a Federal flight deck officer under the
program; and
``(3) has been the subject of an employment investigation
(including a criminal history record check) under section
44936(a)(1).
``(c) Training, Supervision, and Equipment.--The Under Secretary of
Transportation for Security shall provide training, supervision, and
equipment necessary for a qualified pilot to be a Federal flight deck
officer under this section at no expense to the pilot or the air
carrier employing the pilot.
``(d) Deputization.--
``(1) In general.--The Under Secretary shall deputize, as a
Federal flight deck officer under this section, any qualified
pilot who submits to the Under Secretary a request to be such
an officer.
``(2) Initial deputization.--Not later than 120 days after
the date of enactment of this section, the Under Secretary
shall deputize not fewer than 500 qualified pilots who are
former military or law enforcement personnel as Federal flight
deck officers under this section.
``(3) Full implementation.--Not later than 24 months after
the date of enactment of this section, the Under Secretary
shall deputize any qualified pilot as a Federal flight deck
officer under this section.
``(e) Compensation.--Pilots participating in the program under this
section shall not be eligible for compensation from the Federal
Government for services provided as a Federal flight deck officer.
``(f) Authority To Carry Firearms.--The Under Secretary shall
authorize a Federal flight deck officer under this section to carry a
firearm while engaged in providing air transportation or intrastate air
transportation.
``(g) Authority To Use Force.--Notwithstanding section 44903(d), a
Federal flight deck officer may use force (including lethal force)
against an individual in the defense of an aircraft in air
transportation or intrastate air transportation if the officer
reasonably believes that the security of the aircraft is at risk.
``(h) Limitation on Liability.--
``(1) Liability of air carriers.--An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of the air carrier employing a pilot of
an aircraft who is a Federal flight deck officer under this
section or out of the acts or omissions of the pilot in
defending an aircraft of the air carrier against acts of
criminal violence or air piracy.
``(2) Liability of federal flight deck officers.--A Federal
flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending an aircraft
against acts of criminal violence or air piracy unless the
officer is guilty of gross negligence or willful misconduct.
``(i) Regulations.--Not later than 90 days after the date of
enactment of this section, the Under Secretary, in consultation with
the Firearms Training Unit of the Federal Bureau of Investigation,
shall issue regulations to carry out this section.
``(j) Pilot Defined.--The term `pilot' means an individual
responsible for the operation of aircraft.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for such chapter is
amended by inserting after the item relating to section 44920
the following:
``44921. Federal flight deck officer program.''.
(2) Employment investigations.--Section 44936(a)(1)(B) is
amended--
(A) by aligning clause (iii) with clause (ii);
(B) by striking ``and'' at the end of clause (iii);
(C) by striking the period at the end of clause
(iv) and inserting ``; and''; and
(D) by adding at the end the following:
``(v) qualified pilots who are deputized as Federal flight
deck officers under section 44921.''.
(3) Flight deck security.--Section 128 of the Aviation and
Transportation Security Act (Public Law 107-71) is repealed. | Arming Pilots Against Terrorism Act - Amends Federal law to direct the Under Secretary of Transportation for Security to establish a program to: (1) deputize qualified volunteer pilots of passenger aircraft as Federal flight deck officers; and (2) provide training, supervision, and equipment for such officers.Directs the Under Secretary to authorize flight deck officers to carry firearms and to use force, including lethal force, when they judge the security of an aircraft is at risk. Shields air carriers from liability for damages in Federal or State court arising out of the actions or omissions of a flight deck officer defending a plane from criminal violence or air piracy. Shields flight deck officers from liability except in cases of gross negligence or willful misconduct. | {"src": "billsum_train", "title": "A bill to amend title 49, United States Code, to establish a program for Federal flight deck officers, and for other purposes."} | 1,190 | 165 | 0.634407 | 1.650758 | 0.750222 | 3.376812 | 7.565217 | 0.913043 |
SECTION 1. JUDICIAL STRUCTURE OF GUAM.
(a) Judicial Authority; Courts.--Section 22(a) of the Organic Act
of Guam (48 U.S.C. 1424(a)) is amended to read as follows:
``(a)(1) The judicial authority of Guam shall be vested in a court
established by Congress designated as the `District Court of Guam', and
a judicial branch of Guam which branch shall constitute a unified
judicial system and include an appellate court designated as the
`Supreme Court of Guam', a trial court designated as the `Superior
Court of Guam', and such other lower local courts as may have been or
shall hereafter be established by the laws of Guam.
``(2) The Supreme Court of Guam may, by rules of such court, create
divisions of the Superior Court of Guam and other local courts of Guam.
``(3) The courts of record for Guam shall be the District Court of
Guam, the Supreme Court of Guam, the Superior Court of Guam (except the
Traffic and Small Claims divisions of the Superior Court of Guam) and
any other local courts or divisions of local courts that the Supreme
Court of Guam shall designate.''.
(b) Jurisdiction and Powers of Local Courts.--Section 22A of the
Organic Act of Guam (48 U.S.C. 1424-1) is amended to read as follows:
``Sec. 22A. (a) The Supreme Court of Guam shall be the highest
court of the judicial branch of Guam (excluding the District Court of
Guam) and shall--
``(1) have original jurisdiction over proceedings necessary
to protect its appellate jurisdiction and supervisory authority
and such other original jurisdiction as the laws of Guam may
provide;
``(2) have jurisdiction to hear appeals over any cause in
Guam decided by the Superior Court of Guam or other courts
established under the laws of Guam;
``(3) have jurisdiction to issue all orders and writs in
aid of its appellate, supervisory, and original jurisdiction,
including those orders necessary for the supervision of the
judicial branch of Guam;
``(4) have supervisory jurisdiction over the Superior Court
of Guam and all other courts of the judicial branch of Guam;
``(5) hear and determine appeals by a panel of three of the
justices of the Supreme Court of Guam and a concurrence of two
such justices shall be necessary to a decision of the Supreme
Court of Guam on the merits of an appeal;
``(6) make and promulgate rules governing the
administration of the judiciary and the practice and procedure
in the courts of the judicial branch of Guam, including
procedures for the determination of an appeal en banc; and
``(7) govern attorney and judicial ethics and the practice
of law in Guam, including admission to practice law and the
conduct and discipline of persons admitted to practice law.
``(b) The Chief Justice of the Supreme Court of Guam--
``(1) shall preside over the Supreme Court unless
disqualified or unable to act;
``(2) shall be the administrative head of, and have general
supervisory power over, all departments, divisions, and other
instrumentalities of the judicial branch of Guam; and
``(3) may issue such administrative orders on behalf of the
Supreme Court of Guam as necessary for the efficient
administration of the judicial branch of Guam.
``(c) The Chief Justice of the Supreme Court of Guam, or a justice
sitting in place of such Chief Justice, may make any appropriate order
with respect to--
``(1) an appeal prior to the hearing and determination of
that appeal on the merits; or
``(2) dismissal of an appeal for lack of jurisdiction or
failure to take or prosecute the appeal in accordance with
applicable laws or rules of procedure.
``(d) Except as granted to the Supreme Court of Guam or otherwise
provided by this Act or any other Act of Congress, the Superior Court
of Guam and all other local courts established by the laws of Guam
shall have such original and appellate jurisdiction over all causes in
Guam as the laws of Guam provide, except that such jurisdiction shall
be subject to the exclusive or concurrent jurisdiction conferred on the
District Court of Guam under section 22 of this Act.
``(e) The qualifications and duties of the justices and judges of
the Supreme Court of Guam, the Superior Court of Guam, and all other
local courts established by the laws of Guam shall be governed by the
laws of Guam and the rules of such courts.''.
(c) Technical Amendments.--(1) Section 22C(a) of the Organic Act of
Guam (48 U.S.C. 1424-3(a)) is amended by inserting ``which is known as
the Supreme Court of Guam,'' after ``appellate court authorized by
section 22A(a) of this Act,''.
(2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 1424-3(d))
is amended--
(A) by inserting ``, which is known as the Supreme Court of
Guam,'' after ``appellate court provided for in section 22A(a)
of this Act''; and
(B) by striking ``taken to the appellate court'' and
inserting ``taken to such appellate court''.
SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.
Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) is
amended by striking ``: Provided, That'' and all that follows through
the end and inserting a period. | Amends the Organic Act of Guam to revise the local judicial structure of Guam to vest judicial authority, not only in the District Court of Guam (as currently), but also in a unified judicial system composed of: (1) an appellate court designated as the "Supreme Court of Guam"; (2) a trial court designated as the "Superior Court of Guam"; and (3) such other lower local courts as may have been or may hereafter be established by the laws of Guam.
Authorizes the Supreme Court of Guam to create divisions of the Superior Court and other local courts of Guam.Lists the courts of record for Guam.Outlines the jurisdiction and powers of the local courts.Provides that the qualifications and duties of the justices and judges of the courts shall be governed by the laws of Guam and the rules of such courts.Repeals provisions granting the United States Court of Appeals for the Ninth Circuit jurisdiction to review all final decisions of the Supreme Court of Guam (effectively allowing direct review of such decisions to the Supreme Court of the United States). | {"src": "billsum_train", "title": "To amend the Organic Act of Guam for the purposes of clarifying the local judicial structure of Guam."} | 1,278 | 246 | 0.658292 | 1.702205 | 0.813675 | 4.148325 | 5.492823 | 0.856459 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Veterans Health
Programs and Facilities Enhancement Act of 2004''.
(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.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; references to title 38, United States Code; table
of contents.
TITLE I--MEDICAL FACILITIES MANAGEMENT
Sec. 101. Major medical facility leases.
Sec. 102. Department of Veterans Affairs Capital Asset Fund.
Sec. 103. Annual report to Congress on inventory of Department of
Veterans Affairs historic properties.
Sec. 104. Authority to use project funds to construct or relocate
surface parking incidental to a
construction or nonrecurring maintenance
project.
Sec. 105. Inapplicability of limitation on use of advance planning
funds to authorized major medical facility
projects.
Sec. 106. Improvement in enhanced-use lease authorities.
Sec. 107. Extension of authority to provide care under long-term care
pilot programs.
TITLE II--OTHER MATTERS
Sec. 201. Inclusion of all enrolled veterans among persons eligible to
use canteens operated by Veterans' Canteen
Service.
Sec. 202. Enhancement of medical preparedness of Department.
TITLE I--MEDICAL FACILITIES MANAGEMENT
SEC. 101. MAJOR MEDICAL FACILITY LEASES.
(a) Authorized Leases.--The Secretary of Veterans Affairs may enter
into contracts for major medical facility leases at the following
locations, in an amount for each facility lease not to exceed the
amount shown for that location:
(1) Wilmington, North Carolina, Outpatient Clinic,
$1,320,000.
(2) Greenville, North Carolina, Outpatient Clinic,
$1,220,000.
(3) Norfolk, Virginia, Outpatient Clinic, $1,250,000.
(4) Summerfield, Florida, Marion County Outpatient Clinic,
$1,230,000.
(5) Knoxville, Tennessee, Outpatient Clinic, $850,000.
(6) Toledo, Ohio, Outpatient Clinic, $1,200,000.
(7) Crown Point, Indiana, Outpatient Clinic, $850,000.
(8) Fort Worth, Texas, Tarrant County Outpatient Clinic,
$3,900,000.
(9) Plano, Texas, Collin County Outpatient Clinic,
$3,300,000.
(10) San Antonio, Texas, Northeast Central Bexar County
Outpatient Clinic, $1,400,000.
(11) Corpus Christi, Texas, Outpatient Clinic, $1,200,000.
(12) Harlingen, Texas, Outpatient Clinic, $650,000.
(13) Denver, Colorado, Health Administration Center,
$1,950,000.
(14) Oakland, California, Outpatient Clinic, $1,700,000.
(15) San Diego, California, North County Outpatient Clinic,
$1,300,000.
(16) San Diego, California, South County, Outpatient
Clinic, $1,100,000.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Veterans Affairs for fiscal year 2005
for the Medical Care account, $24,420,000 for the leases authorized in
subsection (a).
(c) Authority for Lease of Certain Lands of University of
Colorado.--Notwithstanding section 8103 of title 38, United States
Code, the Secretary of Veterans Affairs may enter into a lease for real
property located at the Fitzsimons Campus of the University of Colorado
for a period up to 75 years.
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS CAPITAL ASSET FUND.
(a) Establishment of Fund.--(1) Subchapter I of chapter 81 is
amended by adding at the end the following new section:
``Sec. 8118. Authority for transfer of real property; Capital Asset
Fund
``(a)(1) The Secretary may transfer real property under the
jurisdiction or control of the Secretary (including structures and
equipment associated therewith) to another department or agency of the
United States or to a State (or a political subdivision of a State) or
to any public or private entity, including an Indian tribe. Such a
transfer may be made only if the Secretary receives compensation of not
less than the fair market value of the property, except that no
compensation is required, or compensation at less than fair market
value may be accepted, in the case of a transfer to a grant and per
diem provider (as defined in section 2002 of this title). When a
transfer is made to a grant and per diem provider for less than fair
market value, the Secretary shall require in the terms of the
conveyance that if the property transferred is used for any purpose
other than a purpose under chapter 20 of this title, all right, title,
and interest to the property shall revert to the United States.
``(2) The Secretary may exercise the authority provided by this
section notwithstanding sections 521, 522 and 541-545 of title 40. Any
such transfer shall be in accordance with this section and section 8122
of this title.
``(3) The authority provided by this section may not be used in a
case to which section 8164 of this title applies.
``(4) The Secretary may enter into partnerships or agreements with
public or private entities dedicated to historic preservation to
facilitate the transfer, leasing, or adaptive use of structures or
properties specified in subsection (b)(3)(D).
``(5) The authority of the Secretary under paragraph (1) expires on
the date that is seven years after the date of the enactment of this
section.
``(b)(1) There is established in the Treasury of the United States
a revolving fund to be known as the Department of Veterans Affairs
Capital Asset Fund (hereinafter in this section referred to as the
`Fund'). Amounts in the Fund shall remain available until expended.
``(2) Proceeds from the transfer of real property under this
section shall be deposited into the Fund.
``(3) To the extent provided in advance in appropriations Acts,
amounts in the Fund may be expended for the following purposes:
``(A) Costs associated with the transfer of real property
under this section, including costs of demolition,
environmental remediation, maintenance and repair, improvements
to facilitate the transfer, and administrative expenses.
``(B) Costs, including costs specified in subparagraph (A),
associated with future transfers of property under this
section.
``(C) Costs associated with enhancing medical care services
to veterans by improving, renovating, replacing, updating, and
establishing patient care facilities through construction
projects to be carried out for an amount less than the amount
specified in 8104(a)(3)(A) for a major medical facility
project.
``(D) Costs, including costs specified in subparagraph (A),
associated with the transfer, lease or adaptive use of a
structure or other property under the jurisdiction of the
Secretary that is listed on the National Register of Historic
Places.
``(c) The Secretary shall include in the budget justification
materials submitted to Congress for any fiscal year in support of the
President's budget for that year for the Department specification of
the following:
``(1) The real property transfers to be undertaken in
accordance with this section during that fiscal year.
``(2) All transfers completed under this section during the
preceding fiscal year and completed and scheduled to be
completed during the year during which the budget is submitted.
``(3) The deposits into, and expenditures from, the Fund
that are incurred or projected for each of the preceding fiscal
year, the current fiscal year, and the fiscal year covered by
the budget.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 8117 the
following new item:
``8118. Authority for transfer of real property; Capital Asset Fund.''.
(b) Initial Authorization of Appropriations.--There is authorized
to be appropriated to the Department of Veterans Affairs Capital Asset
Fund established under section 8118 of title 38, United States Code (as
added by subsection (a)), the amount of $10,000,000.
(c) Termination of Nursing Home Revolving Fund.--(1) Section 8116
is repealed.
(2) The table of sections at the beginning of chapter 81 is amended
by striking the item relating to section 8116.
(d) Transfer of Unobligated Balances to Capital Asset Fund.--Any
unobligated balances in the nursing home revolving fund under section
8116 of title 38, United States Code, as of the date of the enactment
of this Act shall be deposited in the Department of Veterans Affairs
Capital Asset Fund established under section 8118 of title 38, United
States Code (as added by subsection (a)).
(e) Procedures Applicable to Transfers.--(1) Paragraph (2) of
section 8122(a) is amended to read as follows:
``(2) Except as provided in paragraph (3), the Secretary may not
during any fiscal year transfer to any other department or agency of
the United States or to any other entity real property that is owned by
the United States and administered by the Secretary unless the proposed
transfer is described in the budget submitted to Congress pursuant to
section 1105 of title 31 for that fiscal year.''.
(2) Section 8122(d) is amended--
(A) by inserting ``(1)'' before ``Real property''; and
(B) by adding at the end the following new paragraph:
``(2) The Secretary may transfer real property under this section,
or under section 8118 of this title if the Secretary--
``(A) places a notice in the real estate section of local
newspapers and in the Federal Register of the Secretary's
intent to transfer that real property (including land, structures, and
equipment associated with the property);
``(B) holds a public hearing;
``(C) provides notice to the Administrator of General
Services of the Secretary's intention to transfer that real
property and waits for 30 days to elapse after providing that
notice; and
``(D) after such 30-day period has elapsed, notifies the
congressional veterans' affairs committees of the Secretary's
intention to dispose of the property and waits for 60 days to
elapse from the date of that notice.''.
(3) Section 8164(a) is amended by inserting ``8118 or'' after
``rather than under section''.
(4) Section 8165(a)(2) is amended by striking ``nursing home
revolving fund'' and inserting ``Capital Asset Fund established under
section 8118 of this title''.
(f) Contingent Effectiveness.--The amendments made by this section
shall take effect at the end of the 30-day period beginning on the date
on which the Secretary of Veterans Affairs certifies to Congress that
the Secretary is in compliance with subsection (b) of section 1710B of
title 38, United States Code. Such certification shall demonstrate a
plan for, and commitment to, ongoing compliance with the requirements
of that subsection.
(g) Continuing Reports.--Following a certification under subsection
(f), the Secretary shall submit to Congress an update on that
certification every six months until the certification is included in
the Department's annual budget submission.
SEC. 103. ANNUAL REPORT TO CONGRESS ON INVENTORY OF DEPARTMENT OF
VETERANS AFFAIRS HISTORIC PROPERTIES.
(a) In General.--Not later than December 15 of 2005, 2006, and
2007, the Secretary of Veterans Affairs shall submit to the Committees
on Veterans' Affairs of the Senate and House of Representatives a
report on the historic properties administered or controlled by the
Secretary.
(b) Initial Report.--In the initial report under subsection (a),
the Secretary shall set forth a complete inventory of the historic
structures and property under the jurisdiction of the Secretary. The
report shall include a description and classification of each such
property based upon historical nature, current physical condition, and
potential for transfer, leasing, or adaptive use.
(c) Subsequent Reports.--In reports under subsection (a) after the
initial report, the Secretary shall provide an update of the status of
each property identified in the initial report, with the proposed and
actual disposition of each property. Each such report shall include any
recommendation of the Secretary for legislation to enhance the
transfer, leasing or adaptive use of such properties.
SEC. 104. AUTHORITY TO USE PROJECT FUNDS TO CONSTRUCT OR RELOCATE
SURFACE PARKING INCIDENTAL TO A CONSTRUCTION OR
NONRECURRING MAINTENANCE PROJECT.
Section 8109 is amended by adding at the end the following new
subsection:
``(j) Funds in a construction account or capital account that are
available for a construction project or a nonrecurring maintenance
project may be used for the construction or relocation of a surface
parking lot incidental to that project.''.
SEC. 105. INAPPLICABILITY OF LIMITATION ON USE OF ADVANCE PLANNING
FUNDS TO AUTHORIZED MAJOR MEDICAL FACILITY PROJECTS.
Section 8104 is amended by adding at the end the following new
subsection:
``(g) The limitation in subsection (f) does not apply to a project
for which funds have been authorized by law in accordance with
subsection (a)(2).''.
SEC. 106. IMPROVEMENT IN ENHANCED-USE LEASE AUTHORITIES.
Section 8166(a) is amended by inserting ``land use,'' in the second
sentence after ``relating to''.
SEC. 107. EXTENSION OF AUTHORITY TO PROVIDE CARE UNDER LONG-TERM CARE
PILOT PROGRAMS.
Subsection (h) of section 102 of the Veterans Millennium Health
Care and Benefits Act (38 U.S.C. 1710B note) is amended--
(1) by inserting ``(1)'' before ``The authority of''; and
(2) by adding at the end the following new paragraph:
``(2) In the case of a veteran who is participating in a pilot
program under this section as of the end of the three-year period
applicable to that pilot program under paragraph (1), the Secretary may
continue to provide to that veteran any of the services that could be
provided under the pilot program. The authority to provide services to
any veteran under the preceding sentence applies during the period
beginning on the date specified in paragraph (1) with respect to that
pilot program and ending on December 31, 2005.''.
TITLE II--OTHER MATTERS
SEC. 201. INCLUSION OF ALL ENROLLED VETERANS AMONG PERSONS ELIGIBLE TO
USE CANTEENS OPERATED BY VETERANS' CANTEEN SERVICE.
The text of section 7803 is amended to read as follows:
``(a) Primary Beneficiaries.--Canteens operated by the Service
shall be primarily for the use and benefit of--
``(1) veterans hospitalized or domiciled at the facilities
at which canteen services are provided; and
``(2) other veterans who are enrolled under section 1705 of
this title.
``(b) Other Authorized Users.--Service at such canteens may also be
furnished to--
``(1) personnel of the Department and recognized veterans'
organizations who are employed at a facility at which canteen
services are provided and to other persons so employed;
``(2) the families of persons referred to in paragraph (1)
who reside at the facility; and
``(3) relatives and other persons while visiting a person
specified in this section.''.
SEC. 202. ENHANCEMENT OF MEDICAL PREPAREDNESS OF DEPARTMENT.
(a) Peer Review Panel.--In order to assist the Secretary of
Veterans Affairs in selecting facilities of the Department of Veterans
Affairs to serve as sites for centers under section 7327 of title 38,
United States Code, as added by subsection (c), the Secretary shall
establish a peer review panel to assess the scientific and clinical
merit of proposals that are submitted to the Secretary for the
selection of such facilities. The panel shall be established not later
than 90 days after the date of the enactment of this Act and shall
include experts in the fields of toxicological research, infectious
diseases, radiology, clinical care of veterans exposed to such hazards,
and other persons as determined appropriate by the Secretary. Members
of the panel shall serve as consultants to the Department of Veterans
Affairs. Amounts available to the Secretary for Medical Care may be
used for purposes of carrying out this subsection. The panel shall not
be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
(b) Proposals.--The Secretary shall solicit proposals for
designation of facilities as described in subsection (a). The
announcement of the solicitation of such proposals shall be issued not
later than 60 days after the date of the enactment of this Act, and the
deadline for the submission of proposals in response to such
solicitation shall be not later than 90 days after the date of such
announcement. The peer review panel established under subsection (a)
shall complete its review of the proposals and submit its
recommendations to the Secretary not later than 60 days after the date
of the deadline for the submission of proposals. The Secretary shall
then select the four sites for the location of such centers not later
than 45 days after the date on which the peer review panel submits its
recommendations to the Secretary.
(c) Revised Section.--Subchapter II of chapter 73 is amended by
adding at the end a new section with--
(1) a heading as follows:
``Sec. 7327. Medical preparedness centers'';
and
(2) a text consisting of the text of subsections (a)
through (h) of section 7325 of title 38, United States Code,
and a subsection (i) at the end as follows:
``(i) Funding.--(1) There are authorized to be appropriated for the
centers under this section $10,000,000 for each of fiscal years 2005
through 2007.
``(2) In addition to any amounts appropriated for a fiscal year
specifically for the activities of the centers pursuant to paragraph
(1), the Under Secretary for Health shall allocate to the centers from
other funds appropriated for that fiscal year generally for the
Department medical care account and the Department medical and
prosthetics research account such amounts as the Under Secretary
determines necessary in order to carry out the purposes of this
section.''.
(d) Rule of Construction.--No provision of law may be construed to
supersede or nullify this section, or an amendment made by this
section, unless it specifically refers to this subsection and
specifically states that it is enacted to supersede or nullify this
section or a provision of this section.
Passed the House of Representatives September 29, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Veterans Health Programs and Facilities Enhancement Act of 2004 - Title I: Medical Facilities Management - (Sec. 101) Authorizes the Secretary of Veterans Affairs to enter into contracts for major medical facility leases at specified locations. Authorizes appropriations for FY 2005 for the Medical Care account, to cover such leases.
Authorizes the Secretary to enter into a lease for real property at the Fitzsimons Campus of the University of Colorado for a period of up to 75 years.
(Sec. 102) Authorizes the Secretary to transfer Department of Veterans Affairs real property to another department or agency of the United States, to a State, or to any public or private entity, including Indian tribes. Terminates such authority seven years after the enactment of this Act.
Establishes in the Treasury the Department of Veterans Affairs Capital Asset Fund, which may be used for costs associated with: (1) current or future real property transfers under this Act; (2) the improvement of patient care facilities for veterans; and (3) the transfer, lease, or adaptive use of properties listed on the National Register of Historic Places. Authorizes appropriations for the Fund.
Terminates the nursing home revolving fund. Transfers unobligated balances to the Capital Asset Fund.
(Sec. 103) Requires a report from the Secretary to the congressional veterans' committees, in each of 2005 through 2007, on historic properties administered or controlled by the Secretary.
(Sec. 104) Authorizes the use of certain Department funds for the construction or relocation of surface parking lots incidental to construction or maintenance projects.
(Sec. 105) Removes the congressional review requirement otherwise applicable to the obligation of funds for major medical facilities where funds have been authorized by law.
(Se. 106) Specifies that the construction, alteration, repair, remodeling, or improvement of property under an enhanced-use lease is not subject to State or local land use laws unless otherwise provided by the Secretary.
(Sec. 107) Amends the Veterans Millennium Health Care and Benefits Act to extend through 2005 the authority for long-term care pilot programs established under such Act.
Title II: Other Matters - (Sec. 201) Makes eligible for use of the Veterans' Canteen Service veterans enrolled in the Department's patient enrollment system.
(Sec. 202) Directs the Secretary, within 90 days after the enactment of this Act, to establish a peer review panel to assess the scientific and clinical merits of various proposed sites for designation as Department medical emergency preparedness centers. Requires the: (1) Secretary to solicit proposals for such designation within 60 days after enactment of this Act; and (2) peer review panel to complete proposal review within 60 days thereafter. Authorizes appropriations for such centers for FY 2005 through 2007. Requires the Under Secretary for Health to allocate certain other Department funds for such centers. | {"src": "billsum_train", "title": "To authorize the Secretary of Veterans Affairs to enter into certain major medical facility leases, to authorize that Secretary to transfer real property subject to certain limitations, otherwise to improve management of medical facilities of the Department of Veterans Affairs."} | 4,221 | 631 | 0.586853 | 2.070549 | 0.739156 | 3.088929 | 7.030853 | 0.92559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovative Technologies Investment
Incentive Act of 2010''.
SEC. 2. CREDIT FOR INVESTMENTS IN HIGH TECHNOLOGY AND BIOTECHNOLOGY
BUSINESS CONCERNS DEVELOPING INNOVATIVE TECHNOLOGIES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding after section
30D the following new section:
``SEC. 30E. INVESTMENTS IN HIGH TECHNOLOGY AND BIOTECHNOLOGY BUSINESS
CONCERNS DEVELOPING INNOVATIVE TECHNOLOGIES.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 25 percent of the qualified equity investments made by the
taxpayer during the taxable year.
``(b) Limitations.--
``(1) National limitation.--
``(A) In general.--There is a national innovative
technology investment credit limitation of
$500,000,000.
``(B) Allocation of limitation and issuance of
certificate.--Under regulations, the Administrator of
the Small Business Administration shall make
allocations of the national innovative technology
investment credit limitation among qualified equity
investments and shall issue an innovative technology
investment credit certificate for each such allocation.
``(C) Per business investment limitation.--The
amount of the national innovative technology investment
credit limitation allocated to a qualified technology
small business concern shall not exceed 50 percent of
the total amount awarded to such concern under the
Small Business Innovation Research (SBIR) program under
section 9 of the Small Business Act.
``(D) Certificate required for credit
eligibility.--The amount allowed as a credit under
subsection (a) with respect to any qualified equity
investment shall not exceed the amount of the national
innovative technology investment credit limitation
allocated to such investment and shown on the
innovative technology investment credit certificate
pursuant to subparagraph (E)(ii).
``(E) Innovative technology investment credit
certificate.--For purposes of this subsection, an
innovative technology investment credit certificate is
a certificate which--
``(i) certifies the amount of the qualified
equity investment,
``(ii) relates such investment to an award
under the Small Business Innovation Research
(SBIR) program under section 9 of the Small
Business Act which qualifies for purposes of
this section, and
``(iii) contains such other information as
the Administrator, in consultation with the
Secretary, determines to be necessary or
appropriate to carry out this section.
The amount of any award under the Small Business
Innovation Research program, once related under
subparagraph (B) with a qualified equity investment,
may not thereafter be available for purposes of this
section.
``(2) Limitation based on percentage ownership.--The amount
of the credit under subsection (a) allowed to the taxpayer with
respect to a qualified equity investment in a qualified
technology small business concern shall be zero if, after such
investment, the taxpayer owns (within the meaning of section
318) 50 percent or more of--
``(A) in the case that such concern is a
corporation, the outstanding stock of the corporation
(either by vote or value), and
``(B) in the case that such concern is not a
corporation, the capital and profits interests of such
concern.
``(c) Qualified Equity Investment.--For purposes of this section--
``(1) In general.--The term `qualified equity investment'
means any equity investment in a qualified technology small
business concern made during the investment period if such
investment is acquired by the taxpayer at its original issue
(directly or through an underwriter) solely in exchange for
cash.
``(2) Equity investment.--The term `equity investment'
means--
``(A) any stock (other than nonqualified preferred
stock, as defined in section 351(g)(2)) in an entity
which is a corporation, and
``(B) any capital or profits interest in an entity
which is not a corporation.
``(3) Qualified technology small business concern.--The
term `qualified technology small business concern' means, with
respect to any taxable year, any small business concern (as
defined in section 3 of the Small Business Act) if such
concern--
``(A) is engaged in a high technology or
biotechnology trade or business, and
``(B) employs an average of fewer than 500
employees on business days during such year.
``(4) Investment period.--The term `investment period'
means the period--
``(A) beginning on the date the qualified
technology small business concern first receives funds
pursuant to a funding agreement under the Small
Business Innovation Research (SBIR) program under
section 9 of the Small Business Act, and
``(B) ending on the last day of the 18-month period
beginning on the date on which such funding agreement
ceases to be in effect.
``(d) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--Except as provided in paragraph (2), the credit which
would be allowed under subsection (a) for any taxable year
(determined without regard to this subsection) shall be treated
as a credit listed in section 38(b) for such taxable year (and
not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--In the case of an individual who
elects the application of this paragraph, for purposes
of this title, the credit allowed under subsection (a)
for any taxable year (determined after application of
paragraph (1)) shall be treated as a credit allowable
under subpart A for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subpart A for any
taxable year (determined after application of paragraph
(1)) by reason of subparagraph (A) shall not exceed the
excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section) and
section 27 for the taxable year.
``(C) Carryforward of unused credit.--If the credit
allowable under subsection (a) by reason of
subparagraph (A) exceeds the limitation imposed by
section 26(a)(1) or subparagraph (B), whichever is
applicable, for such taxable year, reduced by the sum
of the credits allowable under subpart A (other than
this section) for such taxable year, such excess shall
be carried to each of the succeeding 20 taxable years
to the extent that such unused credit may not be taken
into account under subsection (a) by reason of
subparagraph (A) for a prior taxable year because of
such limitation.
``(e) Special Rules.--
``(1) Related parties.--For purposes of this section--
``(A) In general.--All related persons shall be
treated as 1 person.
``(B) Related persons.--A person shall be treated
as related to another person if the relationship
between such persons would result in the disallowance
of losses under section 267 or 707(b).
``(2) Basis.--For purposes of this subtitle, the basis of
any investment with respect to which a credit is allowable
under this section shall be reduced by the amount of such
credit so allowed.
``(3) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any qualified equity
investment which is held by the taxpayer less than 3 years,
except that no benefit shall be recaptured in the case of--
``(A) transfer of such investment by reason of the
death of the taxpayer,
``(B) transfer between spouses, or
``(C) transfer incident to the divorce (as defined
in section 1041) of such taxpayer.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including
regulations--
``(1) which prevent the abuse of the purposes of this
section, and
``(2) which impose appropriate reporting requirements.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (35), by striking
the period at the end of paragraph (36) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(37) the portion of the qualified equity investment
credit to which section 30E(d)(1) applies.''.
(c) Conforming Amendments.--
(1) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
inserting after paragraph (37) the following new paragraph:
``(38) to the extent provided in section 30E(d)(2).''.
(2) Section 24(b)(3)(B) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(3) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``30E,'' after ``30D,''.
(4) Section 25A(i)(5)(B) of such Code is amended by
striking ``and 30D'' and inserting ``, 30D, and 30E''.
(5) Section 25A(i)(5) of such Code is amended by inserting
``30E,'' after ``30D,''.
(6) Section 25B(g)(2) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(7) Section 26(a)(1) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(8) Section 30(c)(2)(B)(ii) of such Code is amended by
striking ``and 30D'' and inserting ``, 30D, and 30E''.
(9) Section 30B(g)(2)(B)(ii) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(10) Section 30D(d)(2)(B)(ii) of such Code is amended by
striking ``and 25D'' and inserting ``, 25D, and 30E''.
(11) Section 904(i) of such Code is amended by striking
``and 30D'' and inserting ``30D, and 30E''.
(12) Section 1400C(d)(2) of such Code is amended by
striking ``and 30D'' and inserting ``30D, and 30E''.
(d) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30D the following new
item:
``Sec. 30E. Investments in high technology and biotechnology business
concerns developing innovative
technologies.''.
(e) Effective Date.--The amendments made by this section shall
apply to investments made after December 31, 2009, in taxable years
ending after such date. | Innovative Technologies Investment Incentive Act of 2010 - Amends the Internal Revenue Code to allow a new business-related tax credit for 25% of the equity investment (i.e., stock and capital or profits interest) in a small business concern that is engaged in a high technology or biotechnology trade or business and employs an average of fewer than 500 employees in a taxable year. Establishes a national innovative technology investment credit limitation of $500 million. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit for equity investments in high technology and biotechnology small business concerns developing innovative technologies that stimulate private sector job growth."} | 2,617 | 101 | 0.665966 | 1.645413 | 0.880009 | 3.168675 | 28.120482 | 0.927711 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Venezuela Defense of Human Rights
and Civil Society Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Central Bank of Venezuela and the National Statistical
Institute of Venezuela stated that the annual inflation rate in
Venezuela in 2013 was 56.30, the highest level of inflation in the
Western Hemisphere and the third highest level of inflation in the
world behind South Sudan and Syria.
(2) The Central Bank of Venezuela and the Government of
Venezuela have imposed a series of currency controls that has
exacerbated economic problems and, according to the World Economic
Forum, has become the most problematic factor for doing business in
Venezuela.
(3) The Central Bank of Venezuela declared that the scarcity
index of Venezuela reached 29.4 percent in March 2014, which
signifies that fewer than one in 4 basic goods is unavailable at
any given time. The Central Bank has not released any information
on the scarcity index since that time.
(4) Since 1999, violent crime in Venezuela has risen sharply
and the Venezuelan Violence Observatory, an independent
nongovernmental organization, found the national per capita murder
rate to be 79 per 100,000 people in 2013.
(5) The international nongovernmental organization Human Rights
Watch recently stated, ``Under the leadership of President Chavez
and now President Maduro, the accumulation of power in the
executive branch and the erosion of human rights guarantees have
enabled the government to intimidate, censor, and prosecute its
critics.''.
(6) The Country Reports on Human Rights Practices for 2013 of
the Department of State maintained that in Venezuela ``the
government did not respect judicial independence or permit judges
to act according to the law without fear of retaliation'' and ``the
government used the judiciary to intimidate and selectively
prosecute political, union, business, and civil society leaders who
were critical of government policies or actions''.
(7) The Government of Venezuela has detained foreign
journalists and threatened and expelled international media outlets
operating in Venezuela, and the international nongovernmental
organization Freedom House declared that Venezuela's ``media
climate is permeated by intimidation, sometimes including physical
attacks, and strong antimedia rhetoric by the government is
common''.
(8) Since February 4, 2014, the Government of Venezuela has
responded to antigovernment protests with violence and killings
perpetrated by its public security forces.
(9) In May 2014, Human Rights Watch found that the unlawful use
of force perpetrated against antigovernment protesters was ``part
of a systematic practice by the Venezuelan security forces''.
(10) As of September 1, 2014, 41 people had been killed,
approximately 3,000 had been arrested unjustly, and more than 150
remained in prison and faced criminal charges as a result of
antigovernment demonstrations throughout Venezuela.
(11) Opposition leader Leopoldo Lopez was arrested on February
18, 2014, in relation to the protests and was unjustly charged with
criminal incitement, conspiracy, arson, and property damage. Since
his arrest, Lopez has been held in solitary confinement and has
been denied 58 out of 60 of his proposed witnesses at his ongoing
trial.
(12) As of September 1, 2014, not a single member of the public
security forces of the Government of Venezuela had been held
accountable for acts of violence perpetrated against antigovernment
protesters.
SEC. 3. SENSE OF CONGRESS REGARDING ANTIGOVERNMENT PROTESTS IN
VENEZUELA AND THE NEED TO PREVENT FURTHER VIOLENCE IN VENEZUELA.
It is the sense of Congress that--
(1) the United States aspires to a mutually beneficial
relationship with Venezuela based on respect for human rights and
the rule of law and a functional and productive relationship on
issues of public security, including counternarcotics and
counterterrorism;
(2) the United States supports the people of Venezuela in their
efforts to realize their full economic potential and to advance
representative democracy, human rights, and the rule of law within
their country;
(3) the chronic mismanagement by the Government of Venezuela of
its economy has produced conditions of economic hardship and
scarcity of basic goods and foodstuffs for the people of Venezuela;
(4) the failure of the Government of Venezuela to guarantee
minimal standards of public security for its citizens has led the
country to become one of the most violent and corrupt in the world;
(5) the Government of Venezuela continues to take steps to
remove checks and balances on the executive, politicize the
judiciary, undermine the independence of the legislature through
use of executive decree powers, persecute and prosecute its
political opponents, curtail freedom of the press, and limit the
free expression of its citizens;
(6) Venezuelans, responding to ongoing economic hardship, high
levels of crime and violence, and the lack of basic political
rights and individual freedoms, have turned out in demonstrations
in Caracas and throughout the country to protest the failure of the
Government of Venezuela to protect the political and economic well-
being of its citizens; and
(7) the repeated use of violence perpetrated by the National
Guard and security personnel of Venezuela, as well as persons
acting on behalf of the Government of Venezuela, against
antigovernment protesters that began on February 4, 2014, is
intolerable and the use of unprovoked violence by protesters is
also a matter of serious concern.
SEC. 4. UNITED STATES POLICY TOWARD VENEZUELA.
It is the policy of the United States--
(1) to support the people of Venezuela in their aspiration to
live under conditions of peace and representative democracy as
defined by the Inter-American Democratic Charter of the
Organization of American States;
(2) to work in concert with the other member states within the
Organization of American States, as well as the countries of the
European Union, to ensure the peaceful resolution of the current
situation in Venezuela and the immediate cessation of violence
against antigovernment protestors;
(3) to hold accountable government and security officials in
Venezuela responsible for or complicit in the use of force in
relation to antigovernment protests and similar future acts of
violence; and
(4) to continue to support the development of democratic
political processes and independent civil society in Venezuela.
SEC. 5. SANCTIONS ON PERSONS RESPONSIBLE FOR VIOLENCE IN VENEZUELA.
(a) In General.--The President shall impose the sanctions described
in subsection (b) with respect to any foreign person, including any
current or former official of the Government of Venezuela or any person
acting on behalf of that Government, that the President determines--
(1) has perpetrated, or is responsible for ordering or
otherwise directing, significant acts of violence or serious human
rights abuses in Venezuela against persons associated with the
antigovernment protests in Venezuela that began on February 4,
2014;
(2) has ordered or otherwise directed the arrest or prosecution
of a person in Venezuela primarily because of the person's
legitimate exercise of freedom of expression or assembly; or
(3) has knowingly materially assisted, sponsored, or provided
significant financial, material, or technological support for, or
goods or services in support of, the commission of acts described
in paragraph (1) or (2).
(b) Sanctions Described.--
(1) In general.--The sanctions described in this subsection are
the following:
(A) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests in
property of a person determined by the President to be subject
to subsection (a) if such property and interests in property
are in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(B) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined by
the President to be subject to subsection (a), denial of a visa
to, and exclusion from the United States of, the alien, and
revocation in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), of any visa or other
documentation of the alien.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of paragraph (1)(A) or
any regulation, license, or order issued to carry out paragraph
(1)(A) shall be subject to the penalties set forth in subsections
(b) and (c) of section 206 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as a person that
commits an unlawful act described in subsection (a) of that
section.
(3) Exception relating to importation of goods.--The
requirement to block and prohibit all transactions in all property
and interests in property under paragraph (1)(A) shall not include
the authority to impose sanctions on the importation of goods.
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to an
alien if admitting the alien into the United States is necessary to
permit the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable international
obligations.
(c) Waiver.--The President may waive the application of sanctions
under subsection (b) with respect to a person if the President--
(1) determines that such a waiver is in the national interest
of the United States; and
(2) on or before the date on which the waiver takes effect,
submits to the Committee on Foreign Relations and the Committee on
Banking Housing, and Urban Affairs of the Senate and the Committee
on Foreign Affairs and the Committee on Financial Services of the
House of Representatives a notice of and justification for the
waiver.
(d) Regulatory Authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out this
section.
(e) Termination.--The requirement to impose sanctions under this
section shall terminate on December 31, 2016.
(f) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien'' have
the meanings given those terms in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101).
(2) Financial institution.--The term ``financial institution''
has the meaning given that term in section 5312 of title 31, United
States Code.
(3) Foreign person.--The term ``foreign person'' means a person
that is not a United States person.
(4) Good.--The term ``good'' has the meaning given that term in
section 16 of the Export Administration Act of 1979 (50 U.S.C. App.
2415) (as continued in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).
(5) Knowingly.--The term ``knowingly'', with respect to
conduct, a circumstance, or a result, means that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(6) Materially assisted.--The term ``materially assisted''
means the provision of assistance that is significant and of a kind
directly relevant to acts described in paragraph (1) or (2) of
subsection (a).
(7) United states person.--The term ``United States person''
means--
(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.
SEC. 6. REPORT ON BROADCASTING, INFORMATION DISTRIBUTION, AND
CIRCUMVENTION TECHNOLOGY DISTRIBUTION IN VENEZUELA.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Chairman of the Broadcasting Board of
Governors (in this section referred to as the ``Board'') shall submit
to Congress a report that includes--
(1) a thorough evaluation of the governmental, political, and
technological obstacles faced by the people of Venezuela in their
efforts to obtain accurate, objective, and comprehensive news and
information about domestic and international affairs;
(2) an assessment of current efforts relating to broadcasting,
information distribution, and circumvention technology distribution
in Venezuela, by the United States Government and otherwise; and
(3) a strategy for expanding such efforts in Venezuela,
including recommendations for additional measures to expand upon
current efforts.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an assessment of the current level of Federal funding
dedicated to broadcasting, information distribution, and
circumvention technology distribution in Venezuela by the Board
before the date of the enactment of this Act;
(2) an assessment of the extent to which the current level and
type of news and related programming and content provided by the
Voice of America and other sources is addressing the informational
needs of the people of Venezuela; and
(3) recommendations for increasing broadcasting, information
distribution, and circumvention technology distribution in
Venezuela.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the Senate on December 8, 2014. Venezuela Defense of Human Rights and Civil Society Act of 2014 - (Sec. 3) Expresses the sense of Congress that: the United States aspires to a mutually beneficial relationship with Venezuela based on respect for human rights and the rule of law, and a productive relationship on issues of public security, including counter narcotics and counterterrorism; the United States supports the efforts of the people of Venezuela to realize their economic potential and advance representative democracy; the government of Venezuela's mismanagement of its economy has produced conditions of economic hardship; the government's failure to guarantee public security has led Venezuela to become one of the most violent countries in the world; the government continues to remove checks and balances on the executive, politicize the judiciary, undermine the independence of the legislature, persecute its political opponents, curtail freedom of the press, and limit the free expression of its citizens; the people of Venezuela have turned out in demonstrations throughout the country to protest the government's inability to ensure their political and economic well-being; and the use of violence by the National Guard and security personnel is intolerable and the use of unprovoked violence by protesters is also a matter of serious concern. (Sec. 4) States that it is U.S. policy to: support the people of Venezuela in their aspiration to live under peace and representative democracy, work with the Organization of American States (OAS) and the European Union (EU) to ensure the peaceful resolution of the situation in Venezuela and the cessation of violence against antigovernment protestors, hold accountable government and security officials in Venezuela responsible for or complicit in the use of force against antigovernment protests, and support the development of democratic political processes and independent civil society in Venezuela. (Sec. 5) Directs the President to impose U.S. asset blocking and U.S. exclusion sanctions against any person, including a current or former government of Venezuela official or a person acting on behalf of such government, who has: perpetrated or is responsible for otherwise directing significant acts of violence or serious human rights abuses against persons associated with the antigovernment protests in Venezuela that began on February 4, 2014; directed or ordered the arrest or prosecution of a person primarily because of the person's legitimate exercise of freedom of expression or assembly; or knowingly materially assisted or provided significant financial, material, or technological support for the commission of such acts. Sets forth related penalty requirements. States that: (1) asset blocking sanctions shall not authorize the imposition of sanctions on imported goods, and (2) U.S. exclusion sanctions shall not apply if necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations or other applicable international obligations. Authorizes the President to waive sanctions if in U.S. national security interests, and with congressional notification. Terminates the requirement to impose sanctions on December 31, 2016. (Sec. 6) Directs the Chairman of the Broadcasting Board of Governors to report to Congress: an evaluation of the governmental, political, and technological obstacles faced by the people of Venezuela in their efforts to obtain accurate news and information; an assessment of efforts relating to broadcasting, information distribution, and circumvention technology distribution in Venezuela by the U.S. government and otherwise; and a strategy for expanding such efforts in Venezuela. | {"src": "billsum_train", "title": "Venezuela Defense of Human Rights and Civil Society Act of 2014"} | 2,918 | 736 | 0.598682 | 2.386224 | 0.579076 | 4.64869 | 4.22188 | 0.938367 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Children's Act for
Responsible Employment of 2005'' or the ``CARE Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short Title; Table of Contents.
Sec. 2. Revised Age Requirement for Child Agricultural Employment;
Repeal of Waiver Provision for Hand Harvest
Laborers.
Sec. 3. Increased Civil Penalties for Child Labor Violations.
Sec. 4. Special Criminal Penalties for Certain Aggravated Child Labor
Violations.
Sec. 5. Report to Congress on Work-Related Injuries to Children and
Related Matters.
Sec. 6. Employer Reporting Requirements.
Sec. 7. Enforcement of Child Labor Provisions.
Sec. 8. Pesticide-Related Worker Protection Standard.
Sec. 9. Youth Activities for Farmworkers.
Sec. 10. Application of Fair Labor Standards Amendments.
SEC. 2. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT;
REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS.
(a) Revised Age Requirement.--Section 13(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(c)(1) The provisions of section 12 relating to child labor shall
not apply to any employee under 16 years of age employed in
agriculture, including in an agricultural occupation that the Secretary
of Labor finds and declares to be particularly hazardous under section
3(l), if--
``(A) the employee is employed by a parent of the employee
or by a person standing in the place of the parent, on a farm
owned or operated by the parent or person; and
``(B) the employment is outside of school hours for the
school district where the employee is living while so
employed.''.
(b) Repeal of Waiver Provision.--Section 13(c) of such Act (29
U.S.C. 213(c)) is further amended by striking paragraph (4).
SEC. 3. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Section 16(e) of the Fair Labor Standards Act of 1938 (29 U.S.C.
216(e)) is amended--
(1) in the first sentence by striking ``not to exceed
$10,000'' and inserting ``not less than $500 and not more than
$50,000''; and
(2) by inserting after the first sentence the following new
sentences: ``In the case of a violation under the preceding
sentence that results in a serious lost-time work-related
injury or a serious lost-time work-related illness (as such
terms are defined in section 12A(c)) to an employee or results
in the death of an employee, the civil penalty shall be not
more than $50,000. In the case of a repeated or willful
violation that results in a serious lost-time work-related
injury or a serious lost-time work-related illness to an
employee or results in the death of an employee, the civil
penalty shall be not more than $100,000.''.
SEC. 4. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR
VIOLATIONS.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended by adding at the end the following:
``(f) Any person who repeatedly or willfully violates any of the
provisions of section 12, and such violations result in or contribute
to the death or permanent disability of an employee under 18 years of
age at the time of such violation, shall be subject to imprisonment for
not more than five years or a fine under title 18, United States Code,
or both.''.
SEC. 5. REPORT TO CONGRESS ON WORK-RELATED INJURIES TO CHILDREN AND
RELATED MATTERS.
The Fair Labor Standards Act of 1938 is amended by inserting after
section 12 (29 U.S.C. 212) the following new section:
``SEC. 12A. DATA ON WORK-RELATED INJURIES TO CHILDREN AND RELATED
MATTERS.
``(a) Data Analysis.--Using the sources specified in subsection
(b), the Secretary shall analyze data concerning children under the age
of 18 who are employed in agriculture, and with respect to such
children, each serious lost-time work-related injury, serious lost-time
work-related illness, or work-related death.
``(b) Sources Specified.--The sources referred to in subsection (a)
are the following:
``(1) Sources within the Department of Labor, including the
Wage and Hour Division, the Bureau of Labor Statistics, and the
Occupational Safety and Health Administration.
``(2) State employment security agencies and other relevant
State agencies.
``(3) The National Institute for Occupational Safety and
Health.
``(c) Definitions.--As used in this section:
``(1) The term `serious lost-time work-related injury'
means, with respect to an employee under 18 years of age, a
work-related injury which results in lost employment time for
such employee of at least one work day.
``(2) The term `serious lost-time work-related illness'
means, with respect to an employee under 18 years of age, a
work-related illness which results in lost employment time for
such employee of at least one work day.
``(d) Report.--The Secretary shall submit an annual report to
Congress which shall include the following--
``(1) a summary of the data collected by the Secretary
under this section and section 12B;
``(2) an evaluation, based on such data, that reflects the
status of child labor and related safety and health hazards;
and
``(3) any information, based on such data, that leads the
Secretary to believe that children under 18 years of age may
have been employed in violation of section 12.''.
SEC. 6. EMPLOYER REPORTING REQUIREMENTS.
The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is
amended by inserting after section 12A, as added by section 5, the
following new section:
``SEC. 12B EMPLOYER REPORTING REQUIREMENTS.
``(a) Report.--Not later than five days after an event specified
under subsection (b), the employer involved in the event shall submit a
report to the Secretary in accordance with subsection (c).
``(b) Events Specified.--An event referred to in subsection (a)
is--
``(1) a serious lost-time work-related injury to an
employee under 18 years of age employed in agriculture;
``(2) the discovery of a serious lost-time work-related
illness of an employee under 18 years of age employed in
agriculture; or
``(3) a work-related death of an employee under 18 years of
age employed in agriculture.
``(c) Contents of Report.--The report required by subsection (a)
shall include--
``(1) the name and address of the employer;
``(2) the name, address, and age of the employee;
``(3) details about the injury, illness, or death of the
employee; and
``(4) such other information as the Secretary of Labor may
by regulation prescribe.
``(d) Penalty for Failure to Report.--The Secretary may assess a
civil penalty on any employer who fails to file a report as required by
this section in an amount up to $7,000 per violation.
``(e) Definition.--As used in this section, the terms `serious
lost-time work-related injury' and `serious lost-time work-related
illness' have the meanings given those terms in section 12A.''.
SEC. 7. ENFORCEMENT OF CHILD LABOR PROVISIONS.
Subject to the availability of appropriations, the Secretary of
Labor shall--
(1) employ at least 100 additional inspectors within the
Wage and Hour division of the Department of Labor for the
principal purpose of enforcing compliance with child labor
laws; and
(2) provide for a 10 percent increase in the budget of the
Office of the Solicitor of Labor for the principal purpose of
increasing prosecution of violations of child labor laws.
SEC. 8. PESTICIDE-RELATED WORKER PROTECTION STANDARD.
(a) Incorporation of Worker Protection Standard in Child Labor
Provisions.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Labor shall issue final rules to incorporate
within the rules relating to the child labor provisions of section 12
of the Fair Labor Standards Act of 1938 (29 U.S.C. 212) the worker
protection standard for workers exposed to pesticides in part 170 of
title 40, Code of Federal Regulations. If, after incorporating such
standard, the standard in such part is revised, the Secretary shall, by
rule, incorporate such revisions within the rules relating to the child
labor provisions of section 12 of the Fair Labor Standards Act of 1938
(29 U.S.C. 212).
(b) Reconciliation of Civil Penalties.--Section 16 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 216), as amended by sections 3
and 4, is further amended by adding at the end the following new
subsections:
``(g) The amount of a civil penalty imposed by the Secretary on a
violator for a violation of section 12 of this Act may be offset by the
Administrator of the Environmental Protection Agency against the amount
of a civil penalty imposed by the Administrator for a violation of the
worker protection standard promulgated under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et seq.) by the same
violator if the Administrator determines that the violation of such
standard involved the same conduct affecting the same child workers in
whose interests the first civil penalty was imposed.
``(h) The amount of a civil penalty imposed by the Administrator of
the Environmental Protection Agency on a violator for a violation of
the worker protection standard promulgated under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121 et
seq.) may be offset by the Secretary against the amount of a civil
penalty imposed by the Secretary for a violation of section 12 of this
Act by the same violator if the Secretary determines that the violation
of such section involved the same conduct affecting the same child
workers in whose interests the first civil penalty was imposed.''.
SEC. 9. YOUTH ACTIVITIES FOR FARMWORKERS.
Section 127(b)(1)(A)(iii) of the Workforce Investment Act of 1996
is amended to read as follows:
``(iii) Youth activities for farmworkers.--
The Secretary shall make available the greater
of $10,000,000 or 4 percent of the amount
appropriated under section 137(a) for any
fiscal year to provide youth activities under
section 167.''.
SEC. 10. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS.
(a) Rulemaking.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall issue final rules
to implement the amendments made by sections 2 through 6. The rules
issued under this subsection shall take effect not later than 30 days
after the date on which the final rules are published in the Federal
Register.
(b) Violations.--The amendments made by sections 3 and 4 shall
apply to violations of the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) that occur after the date on which the rules issued under
subsection (a) take effect.
(c) Rule of Construction.--Nothing in the amendments made by
section 3 or 4 shall be construed to preempt any State law that
provides protections or remedies for employees that are greater than
the protections or remedies provided under such amendments.
(d) Employer Reporting Requirements.--The employer reporting
requirements of section 12B of the Fair Labor Standards Act of 1938, as
added by section 6, shall take effect on the date on which the final
rules issued under subsection (a) take effect. | Children's Act for Responsible Employment of 2005 - CARE Act of 2005 - Amends the Fair Labor Standards Act of 1938 (FLSA) to repeal certain exemptions from child labor prohibitions for agricultural employment.
Allows an exemption only if: (1) the agricultural employment of an individual under 16 occurs outside of school hours; and (2) such individual is employed by a parent or a person standing in place of a parent on a farm owned or operated by such parent or person. Raises from 16 to 18 years old the minimum age for engaging in hazardous agricultural employment. Eliminates a waiver for hand-harvesting of certain crops.
Increases civil and criminal penalties for child labor violations.
Directs the Secretary of Labor to analyze data and report to Congress on work-related injuries to children and related matters. Requires employers to report on work-related serious injuries and illnesses, and deaths, of agricultural employees under 18 years of age.
Directs the Secretary to: (1) employ at least 100 additional inspectors within the Wage and Hour Division of the Department of Labor to enforce child labor laws; and (2) provide for a ten percent increase in the budget for the Employment Standards Division within the office of the Solicitor of Labor to increase prosecution of violations of such laws.
Incorporates into FLSA child labor requirements certain federal standards for protecting workers exposed to pesticides. Reconciles civil penalties for violations of such standards affecting child workers imposed by the Secretary under FLSA and by the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
Amends the Workforce Investment Act of 1998 to direct the Secretary to make competitive grants for specified types of programs for migrant and seasonal farmworker youth dropout prevention. | {"src": "billsum_train", "title": "To amend the Fair Labor Standards Act of 1938 to increase penalties for violations of child labor laws, and for other purposes."} | 2,828 | 379 | 0.635432 | 1.967425 | 0.752444 | 3.259036 | 7.457831 | 0.855422 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethanol and Biodiesel Promotion Act
of 2001''.
SEC. 2. CREDIT FOR PROPERTY USED IN THE RETAIL SALE, OR BUSINESS USE,
OF E85 ETHANOL AND NEAT BIODIESEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. PROPERTY USED IN THE RETAIL SALE, OR BUSINESS USE, OF E85
ETHANOL AND NEAT BIODIESEL.
``(a) General Rule.--For purposes of section 38, the E85 ethanol
and biodiesel credit is an amount equal to 50 percent of the basis of
qualified fuel property placed in service by the taxpayer during the
taxable year.
``(b) Limitation.--The credit allowed by subsection (a) for any
taxable year shall not exceed $50,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified fuel property.--The term `qualified fuel
property' means--
``(A) qualified vehicle refueling property, and
``(B) qualified business use property.
``(2) Qualified vehicle refueling property.--The term
`qualified vehicle refueling property' means any property which
would be qualified clean-fuel vehicle refueling property, as
defined in section 179A(d), if the only clean-burning fuel
referred to in such section were E85 ethanol and neat
biodiesel.
``(3) Qualified business use property.--The term `qualified
business use property' means any property (not including a
building and its structural components) if--
``(A) such property is of a character subject to
the allowance for depreciation,
``(B) the original use of such property begins with
the taxpayer, and
``(C) such property is used by the taxpayer in the
consumption of E85 ethanol or neat biodiesel in a trade
of business of the taxpayer.
``(4) E85 ethanol.--The term `E85 ethanol' means any fuel
at least 85 percent of which is ethanol.
``(5) Neat biodiesel.--The term `neat biodiesel' means
diesel fuel at least 85 percent of which is produced from a
substance other than petroleum.
``(d) Termination.--This section shall not apply to any property
placed in service after December 31, 2007.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (14), by striking the period
at the end of paragraph (15) and inserting ``, plus'', and by
adding at the end the following:
``(16) the E85 ethanol and biodiesel credit determined
under section 45G.''.
(2) Section 39(d) of such Code (relating to transitional
rules) is amended by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45G(a) may be carried back to a taxable year ending
before January 1, 2001.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following:
``Sec. 45G. Property used in the retail
sale, or business use, of E85
ethanol and neat biodiesel.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. CREDIT FOR RETAIL SALE OF E85 ETHANOL AND NEAT BIODIESEL AS
MOTOR VEHICLE FUEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45H. RETAIL SALE OF E85 ETHANOL AND NEAT BIODIESEL AS MOTOR
VEHICLE FUEL.
``(a) General Rule.--For purposes of section 38, the E85 ethanol
and biodiesel retail sales credit of any taxpayer for any taxable year
is the credit amount for each gasoline gallon equivalent of E85 ethanol
and neat biodiesel sold at retail by the taxpayer during such year as a
fuel to propel any qualified motor vehicle.
``(b) Definitions.--For purposes of this section--
``(1) Credit amount.--The term `credit amount' means--
``(A) in the case of E85 ethanol, the excess of 60
cents over the blender amount applicable under section
40(h) for the calendar year in which the sale occurs,
and
``(B) in the case of neat biodiesel, 25 cents.
``(2) E85 ethanol and neat biodiesel.--The terms `E85
ethanol' and `neat biodiesel' have the respective meanings
given such terms by section 45G.
``(3) Gasoline gallon equivalent.--The term `gasoline
gallon equivalent' means, with respect to any alternative fuel,
the amount (determined by the Secretary) of such fuel having a Btu
content of 114,000.
``(4) Qualified motor vehicle.--The term `qualified motor
vehicle' means any motor vehicle (as defined in section
179A(e)(2)) which meets any applicable Federal or State
emissions standards with respect to each fuel by which such
vehicle is designed to be propelled.
``(5) Sold at retail.--
``(A) In general.--The term `sold at retail' means
the sale, for a purpose other than resale, after
manufacture, production, or importation.
``(B) Use treated as sale.--If any person uses E85
ethanol or neat biodiesel as a fuel to propel any
qualified motor vehicle (including any use after
importation) before such fuel is sold at retail, then
such use shall be treated in the same manner as if such
fuel were sold at retail as a fuel to propel such a
vehicle by such person.
``(c) No Double Benefit.--The amount of any deduction or credit
allowable under this chapter for any fuel taken into account in
computing the amount of the credit determined under subsection (a)
shall be reduced by the amount of such credit attributable to such
fuel.
``(d) Pass-Thru in the Case of Estates and Trusts.--Under
regulations prescribed by the Secretary, rules similar to the rules of
subsection (d) of section 52 shall apply.
``(e) Termination.--This section shall not apply to any fuel sold
at retail after December 31, 2007.''.
(b) Conforming Amendments.--
(1) Section 38(b) of such Code is amended by striking
``plus'' at the end of paragraph (15), by striking the period
at the end of paragraph (16) and inserting ``, plus'', and by
adding at the end the following:
``(17) the E85 ethanol and biodiesel retail sales credit
determined under section 45H.''.
(2) Section 39(d) of such Code (relating to transitional
rules) is amended by adding at the end the following:
``(12) No carryback of section 45h credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the credit determined under
section 45H(a) may be carried back to a taxable year ending
before January 1, 2001.''.
(3) The table of sections for subpart D of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following:
``Sec. 45G. Retail sale of E85 ethanol
and neat biodiesel as motor
vehicle fuel.''.
(c) Effective Date.--The amendments made by this section shall
apply to fuel sold at retail after December 31, 2001, in taxable years
ending after such date.
SEC. 4. SMALL ETHANOL PRODUCER CREDIT.
(a) Allocation of Alcohol Fuels Credit to Patrons of a
Cooperative.--Section 40(g) Internal Revenue Code of 1986 (relating to
definitions and special rules for eligible small ethanol producer
credit) is amended by adding at the end the following:
``(6) Allocation of small ethanol producer credit to
patrons of cooperative.--
``(A) Election to allocate.--
``(i) In general.--Notwithstanding
paragraph (4), in the case of a cooperative
organization described in section 1381(a), any
portion of the credit determined under
subsection (a)(3) for the taxable year may, at
the election of the organization, be
apportioned pro rata among patrons of the
organization on the basis of the quantity or
value of business done with or for such patrons
for the taxable year.
``(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year.
``(iii) Special rule for taxable years
prior to enactment of paragraph.--
Notwithstanding clause (ii), an election for
any taxable year ending prior to the date of
the enactment of this paragraph may be made at
any time before the expiration of the 3-year
period beginning on the last date prescribed by
law for filing the return of the taxpayer for
such taxable year (determined without regard to
extensions) by filing an amended return for
such year.
``(B) Treatment of organizations and patrons.--The
amount of the credit apportioned to patrons under
subparagraph (A)--
``(i) shall not be included in the amount
determined under subsection (a) with respect to
the organization for the taxable year,
``(ii) shall be included in the amount
determined under subsection (a) for the taxable
year of each patron for which the patronage
dividends for the taxable year described in
subparagraph (A) are included in gross income,
and
``(iii) shall be included in gross income
of such patrons for the taxable year in the
manner and to the extent provided in section
87.
``(C) Special rules for decrease in credits for
taxable year.--If the amount of the credit of a
cooperative organization (as so defined) determined
under subsection (a)(3) for a taxable year is less than
the amount of such credit shown on the return of the
cooperative organization for such year, an amount equal
to the excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such
patrons under subparagraph (A) for the taxable
year,
shall be treated as an increase in tax imposed by this
chapter on the organization. Such increase shall not be
treated as tax imposed by this chapter for purposes of
determining the amount of any credit under this subpart
or subpart A, B, E, or G.''.
(b) Definition of Small Ethanol Producer; Improvements to Small
Ethanol Producer
Credit.--
(1) Definition of small ethanol producer.--Section 40(g)(1)
of the Internal Revenue Code of 1986 (relating to eligible
small ethanol producer) is amended by striking ``30,000,000''
and inserting ``60,000,000''.
(2) Small ethanol producer credit not a passive activity
credit.--Clause (i) of section 469(d)(2)(A) of such Code
(relating to passive activity credit) is amended by striking
``subpart D'' and inserting ``subpart D, other than section
40(a)(3),''.
(3) Allowing credit against minimum tax.--
(A) In general.--Subsection (c) of section 38 of
such Code (relating to limitation based on amount of
tax) is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the
following:
``(3) Special rules for small ethanol producer credit.--
``(A) In general.--In the case of the small ethanol
producer credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) subparagraphs (A) and (B)
thereof shall not apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the small
ethanol producer credit).
``(B) Small ethanol producer credit.--For purposes
of this subsection, the term `small ethanol producer
credit' means the credit allowable under subsection (a)
by reason of section 40(a)(3).''.
(B) Conforming amendment.--Subclause (II) of
section 38(c)(2)(A)(ii) of such Code is amended by
inserting ``or the small ethanol producer credit''
after ``employment credit''.
(4) Small ethanol producer credit not added back to income
under section 87.--Section 87 of such Code (relating to income
inclusion of alcohol fuel credit is amended to read as follows:
``SEC. 87. ALCOHOL FUEL CREDIT.
``Gross income includes an amount equal to the sum of--
``(1) the amount of the alcohol mixture credit determined
with respect to the taxpayer for the taxable year under section
40(a)(1), and
``(2) the alcohol credit determined with respect to the
taxpayer for the taxable year under section 40(a)(2).''.
(c) Conforming Amendment.--Section 1388 of the Internal Revenue
Code of 1986 (relating to definitions and special rules for cooperative
organizations) is amended by adding at the end the following:
``(k) Cross Reference.--For provisions relating to the
apportionment of the alcohol fuels credit between cooperative
organizations and their patrons, see section 40(d)(6).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 5. EXTENSION OF EXPENSING OF VEHICLE REFUELING PROPERTY FOR E85
ETHANOL.
Subsection (f) of section 179A of the Internal Revenue Code of 1986
(relating to termination) is amended by inserting before the period
``(December 31, 2007, for property which is qualified clean-fuel
vehicle refueling property with respect to fuel at least 85 percent of
which is ethanol)''.
SEC. 6. REPEAL OF LIMITATION ON DEPOSITS INTO HIGHWAY TRUST FUND WITH
RESPECT TO ALCOHOL FUELS.
(a) In General.--Paragraph (4) of section 9503(b) of the Internal
Revenue Code of 1986 (relating to certain taxes not transferred to
Highway Trust Fund) is amended by adding ``and'' at the end of
subparagraph (C), by striking the comma at the end of subparagraph (D)
and inserting a period, and by striking subparagraphs (E) and (F).
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxes received in the Treasury after December 31, 2001. | Ethanol and Biodiesel Promotion Act of 2001- Amends the Internal Revenue Code to allow a tax credit equal to 50 percent (up to $50,000) of the basis of qualified vehicle refueling and business use property placed in service during the taxable year with respect to the retail sale, or business use, of E85 ethanol (any fuel at least 85 percent of which is ethanol) and neat biodiesel (diesel fuel at least 85 percent of which is produced from a non-petroleum substance).Allows a business tax credit, determined according to a specified formula, for each gasoline gallon equivalent of E85 ethanol and neat biodiesel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle.Establishes a small ethanol producer credit by allowing a tax-exempt farmers' cooperative to allocate such a credit to its patrons on the basis of the quantity or value of business done with or for them for the taxable year.Extends through December 31, 2007, the application to qualified clean-fuel vehicle refueling property for E85 ethanol of the deduction from gross income for clean-fueled vehicles and certain refueling property.Repeals the mandatory transfer into the Highway Trust Fund of amounts equivalent to the taxes on gasoline, diesel fuel, and kerosene and on certain vehicles. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide incentives to increase the sale and use of certain ethanol and biodiesel fuels."} | 3,578 | 307 | 0.67527 | 1.764468 | 0.794425 | 4.4125 | 12.866667 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boating Occupancy and Teaching
Safety Act'' or the ``BOATS Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Flying bridge.--The term ``flying bridge'' means an
open deck above the main navigating bridge of a recreational
vessel.
(2) Passenger.--The term ``passenger'' includes any
individual aboard a vessel.
(3) Recreational vessel.--
(A) In general.--The term ``recreational vessel''
means any vessel of greater than 20 feet and less than
45 feet overall in length, that is--
(i) manufactured or used primarily for
pleasure; or
(ii) leased, rented, or chartered to a
person for the pleasure of that person.
(B) Exclusion.--The term ``recreational vessel''
does not include a vessel that--
(i) is subject to Coast Guard inspection;
(ii) is constructed before January 1, 2016;
and
(iii)(I) is engaged in commercial use; or
(II) carries paying passengers.
SEC. 3. CAPACITY LIMITS FOR RECREATIONAL VESSELS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall--
(1) establish standards for determining the maximum
passenger capacity in whole number of passengers and in pounds
for recreational vessels;
(2) require each manufacturer of a passenger vessel to post
such maximum passenger capacity on the passenger vessel as
described in subsection (b); and
(3) require each operator of a passenger vessel to ensure
that--
(A) such maximum passenger capacity is posted as
described in subsection (b) and legible to passengers;
and
(B) notice of the need to balance the weight
carried by the vessel to avoid capsizing is posted as
described in subsection (b) and legible to passengers.
(b) Elements and Locations of Displays.--The maximum passenger
capacity, maximum carrying capacity in pounds, and notice of the need
to balance the carried weight for a passenger vessel shall each be
permanently displayed in a legible matter--
(1) in a location that is clearly visible to a passenger
boarding the passenger vessel; and
(2) on each flying bridge of the vessel, in a location that
is clearly visible to a passenger on the flying bridge.
(c) Penalties.--Not later than 180 days after the date of the
enactment of this Act, the Commandant of the Coast Guard shall publish
regulations that establish appropriate penalties for a manufacturer of
a recreational vessel that does not comply with the requirements of
this section.
(d) Application.--The requirements of this section shall apply to
any recreational vessel manufactured after the date that is 180 days
after the date of the enactment of this Act.
SEC. 4. STATE RECREATIONAL BOATING SAFETY PROGRAMS.
(a) Program Acceptance.--Section 13103 of title 46, United States
Code, is amended--
(1) in subsection (c)--
(A) in paragraph (4) by striking ``and'' at the
end;
(B) in paragraph (5) by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) contracting practices in accordance with subsection
(e).''; and
(2) by adding at the end the following:
``(e) Contracting.--
``(1) In general.--A State carrying out a State
recreational boating safety program may enter into a contract
with a local government or private entity to have the
government or entity provide boating safety education services
under the program.
``(2) Expenditure requirement.--Each fiscal year, a State
carrying out a State recreational boating safety program shall
expend on contracts described in paragraph (1) not less than 5
percent of the Federal amounts received by that State in that
fiscal year under this chapter.
``(3) Considerations.--In entering into contracts under
paragraph (1), a State shall consider--
``(A) the need for geographic diversity among the
local governments and private entities providing
education services under the contracts;
``(B) the need to have education services that
address the various vessels utilized in the State;
``(C) the need to have education services that
address the various waterways in the State; and
``(D) all the costs related to providing education
services under the contracts that may affect the local
governments and private entities providing the
services.
``(4) Eligibility.--
``(A) In general.--To be eligible to enter into a
contract under paragraph (1), a local government or
private entity shall--
``(i) submit to the appropriate State lead
authority or agency designated under subsection
(a)(4) a detailed proposal for the provision of
boating safety education services; and
``(ii) certify that the government or
entity will not profit financially from
providing the services.
``(B) Exceptions.--
``(i) Existing providers.--Subparagraph
(A)(i) does not apply to a local government or
private entity that provided boating safety
education services before the date of enactment
of this subsection under standards established
by the relevant State.
``(ii) 501(c)(3) organizations.--
Subparagraph (A)(ii) does not apply to an
organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code
if the organization certifies to the relevant
State that all relevant profits will be used to
advance boating safety.
``(5) Education services criteria.--The Secretary, in
consultation with States and relevant stakeholders, shall
establish criteria for the boating safety education services
provided by local governments and private entities under this
subsection. Using the criteria, a State shall establish
outlines specifying the requirements for education services in
that State and education services in that State shall be
provided in accordance with the outlines.
``(6) Additional contracting.--A local government that
enters into a contract under paragraph (1) to provide boating
safety education services may contract with a private entity to
receive assistance with the provision of those services.
``(7) Advertising.--A local government or private entity
that enters into a contract under paragraph (1) to provide
boating safety education services may utilize funds provided
under that contract to advertise such services.
``(8) Report.--Each fiscal year, a State that entered into
contracts under this subsection shall submit to the Secretary a
report specifying the governments and entities contracted with
in that fiscal year.''.
(b) Sport Fish Restoration and Boating Trust Fund.--Section
9504(b)(2)(A) of the Internal Revenue Code of 1986 is amended by
striking ``the MAP-21'' and inserting ``Boating Occupancy and Teaching
Safety Act''. | Boating Occupancy and Teaching Safety Act or the BOATS Act - Directs the Commandant of the Coast Guard to: (1) establish maximum passenger capacity and maximum weight capacity standards for recreational vessels, and (2) require manufacturers and operators of passenger vessels to permanently display in a legible manner that is clearly visible, including on each flying bridge of the vessel, to vessel passengers such maximum capacity requirements and a notice of the need to balance vessel weight to avoid capsizing. Defines "flying bridge" to mean an open deck above the main navigating bridge of a recreational vessel. Amends federal shipping law to revise state recreational boating safety program requirements. Allows a state to contract with a local government or private entity to provide boating safety education services under a state recreational boating safety program. Amends the Internal Revenue Code to make amounts in the Sport Fish Restoration and Boating Trust Fund available for expenditures to carry out the purposes of the Dingell-Johnson Sport Fish Restoration Act (as in effect upon enactment of this Act). | {"src": "billsum_train", "title": "BOATS Act"} | 1,554 | 233 | 0.604102 | 1.650564 | 1.038446 | 3.243523 | 7.352332 | 0.849741 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AND FINDINGS.
(a) Short Title.--This Act may be cited as the ``Catalyst to Better
Diabetes Care Act of 2006''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents; and findings.
Sec. 2. Advisory group regarding diabetes and chronic illness employee
wellness incentivization and disease
management best practices.
Sec. 3. National diabetes report card.
Sec. 4. Medicare diabetes screening collaboration and outreach program.
Sec. 5. Improvement of diabetes mortality data collection.
Sec. 6. Study on appropriate level of diabetes medical education.
(c) Findings.--The Congress finds as follows:
(1) Diabetes is a chronic public health problem in the
United States that is getting worse.
(2) According to the Centers for Disease Control and
Prevention:
(A) One in three Americans born in 2006 will get
diabetes.
(B) One in two American minorities born in 2006
will get diabetes.
(C) 1.5 million new cases of diabetes were
diagnosed in adults in 2005.
(D) In 2005, 20.8 million Americans had diabetes,
which is 7 percent of the population of the United
States.
(E) 6.2 million Americans are currently
undiagnosed.
(F) About one in every 500 children and adolescents
have type 1 diabetes.
(G) African-Americans are nearly twice as likely as
whites to have diabetes.
(H) Nearly 13 percent of American Indians and
Alaska Natives over 20 years old have diagnosed
diabetes.
(I) In States with significant Asian populations,
Asians were 1.5 to 2 times as likely as whites to have
diagnosed diabetes.
(3) Diabetes carries staggering costs:
(A) In 2002, the total direct and indirect costs of
diabetes was estimated at $132 billion according to the
American Diabetes Association.
(B) 18 percent of the Medicare population has
diabetes but spending on this group of people consumes
32 percent of the Medicare budget according to the
Center for Medicare and Medicaid Services.
(4) Diabetes is deadly. According to the Centers for
Disease Control and Prevention:
(A) In 2002, according to death certificate
reports, diabetes contributed to an official number of
224,092 deaths.
(B) Diabetes is likely to be seriously
underreported as studies have found that only 35
precent to 40 percent of decedent with diabetes had it
listed anywhere on the death certificate and only about
10 percent to 15 percent had it listed as the
underlying cause of death.
(5) Diabetes complications carry staggering economic and
human costs for our country and health system:
(A) According to death certificate reports,
diabetes contributes to over 224,000 death a year,
although this number is likely vastly underreported.
(B) The risk for stroke is 2 to 4 times higher
among people with diabetes.
(C) Diabetes is the leading cause of new blindness
in America, causing approximately 18,000 new cases of
blindness each year.
(D) Diabetes is the leading cause of kidney failure
in America, accounting for 44 percent of new cases in
2002.
(E) In 2002, 44,400 Americans with diabetes began
treatment for end-stage kidney disease and a total of
153,730 were living on chronic dialysis or with a
kidney transplant as a result of their diabetes.
(F) In 2002, approximately 82,000 amputations were
performed on Americans with diabetes.
(G) Poorly controlled diabetes before conception
and during the first trimester of pregnancy can cause
major birth defects in 5 percent to 10 percent of
pregnancies and spontaneous abortions in 15 percent to
20 percent of pregnancies.
(6) Diabetes is unique because its complications and
tremendous costs are preventable with currently available
medical treatment:
(A) According to the Agency for Healthcare Research
and Quality, appropriate primary care for diabetes
complications could have saved the Medicare and
Medicaid programs $2,500,000,000 in hospital costs in
2001 alone.
(B) According to the Diabetes Prevention Program
sponsored by the National Institutes of Health,
lifestyle interventions such as diet and moderate
physical activity for those with pre-diabetes reduced
the development of diabetes by 58 percent; among
Americans aged 60 and over, lifestyle interventions
reduced diabetes by 71 percent.
(C) Research shows detecting and treating diabetic
eye disease can reduce the development of severe vision
loss by 50 percent to 60 percent.
(D) Research shows comprehensive foot care programs
can reduce amputation rates by 45 percent to 85
percent.
(E) Research shows detecting and treating early
diabetic kidney disease by lowering blood pressure can
reduce the decline in kidney function by 30 percent to
70 percent.
SEC. 2. ADVISORY GROUP REGARDING DIABETES AND CHRONIC ILLNESS EMPLOYEE
WELLNESS INCENTIVIZATION AND DISEASE MANAGEMENT BEST
PRACTICES.
(a) Establishment.--The Secretary of Commerce shall establish an
advisory group consisting of representatives of the public and private
sector. The advisory group shall include representatives from the
Department of Commerce, the Department of Health and Human Services,
the Small Business Administration, and public and private sector
entities with experience in administering or operating employee
wellness and disease management programs.
(b) Duties.--The advisory group established under subsection (a)
shall examine and make recommendations of best practices of chronic
illness employee wellness incentivization and disease management
programs in order to--
(1) provide public and private sector entities with
improved information in assessing the role of employee wellness
incentivization and disease management programs in saving money
and improving quality of life for patients with chronic
illnesses; and
(2) encourage the adoption of effective chronic illness
employee wellness and disease management programs.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the advisory group shall submit to the Secretary of Health
and Human Services, the Speaker and minority leader of the House of
Representatives, and the majority leader and minority leader of the
Senate, the results of the examination under subsection (b)(1).
SEC. 3. NATIONAL DIABETES REPORT CARD.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section and sections 4 through 6 as the
``Secretary''), in collaboration with the Director of the Centers for
Disease Control and Prevention (referred to in this section as the
``Director''), shall prepare a national diabetes report card (referred
to in this section as a ``Report Card'') for the Nation and, to the
extent possible, for each State on a biennial basis, that includes the
statistically valid aggregate health outcomes related to individuals
diagnosed with diabetes including--
(1) HbA1c level;
(2) LDL;
(3) blood pressure; and
(4) complications and comorbidities.
(b) Report.--The Secretary, in collaboration with the Director,
shall--
(1) submit each Report Card to Congress; and
(2) make each Report Card readily available in print and
electronically to each State and to the public.
(c) Adaptable.--Each Report Card shall be able to be adapted by
State and, where possible, local agencies in order to rate or report
local diabetes care, costs, and prevalence.
(d) Updated Report.--Each Report Card that is prepared after the
initial Report Card shall include trend analysis for the Nation, and,
to the extent possible, for each State, in order to track progress in
meeting established national goals and objectives for improving
diabetes care, costs, and prevalence (including Healthy People 2010),
and to inform policy and program development.
SEC. 4. MEDICARE DIABETES SCREENING COLLABORATION AND OUTREACH PROGRAM.
(a) Establishment.--With respect to diabetes screening tests
provided for under the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 and for the purposes of reducing the number
of undiagnosed beneficiaries with diabetes or prediabetes in the
Medicare program, the Secretary, in collaboration with the Director of
the Centers for Disease Control and Prevention, shall establish an
outreach program--
(1) to identify existing efforts to increase awareness
among Medicare beneficiaries and providers of the diabetes
screening benefit;
(2) to maximize economies of scale, cost-effectiveness, and
resource allocation in increasing utilization of the Medicare
diabetes screening program; and
(3) build upon ongoing efforts of the private and non-
profit sector;
(b) Consultation.--In carrying out this section, the Secretary and
the Director shall consult with--
(1) various units of the Federal Government, including the
Centers for Medicare & Medicaid Services, the Surgeon General
of the Public Health Service, the Agency for Health Research
and Quality, the Health Resources and Services Administration,
and the National Institutes of Health; and
(2) entities with an interest in diabetes, including
industry, voluntary health organization, trade associations,
and professional societies.
SEC. 5. IMPROVEMENT OF DIABETES MORTALITY DATA COLLECTION.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, and in collaboration with
appropriate agencies, shall conduct, support, and promote the
collection, analysis, and publication of biennial data on the
prevalence and incidence of type 1 and 2 diabetes and of pre-diabetes.
(b) Improvement of Mortality Data Collection.--
(1) Assessment.--The activities described in subsection (a)
shall include an assessment of diabetes as a primary or
underlying cause of death and analysis of any under-reporting
of diabetes as a primary or underlying cause of death in order
to provide an accurate estimate of yearly deaths related to
diabetes.
(2) Death certificate additional language.--In carrying out
the activities described in subsection (b)(1), the Secretary
may promote the addition of language to death certificates to
improve collection of diabetes mortality data, including adding
questions for the individual certifying to the cause of death
regarding whether the deceased had diabetes and whether
diabetes was an immediate, underlying, or contributing cause of
or condition leading to death.
(c) Report.--
(1) In general.--The Secretary and the Director shall
submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Energy and Commerce
of the House of Representatives annual reports describing the
activities undertaken under this section.
(2) Content.--The reports shall include an--
(A) analysis of any under-reporting of diabetes as
a primary or underlying cause of death in order to
provide an accurate estimate of yearly deaths related
to diabetes; and
(B) projections regarding trends in each of the
areas described in subparagraph (A).
(3) Availability.--The Secretary and the Director shall
make such reports publicly available in print and on the
Internet site of the Centers for Disease Control and
Prevention.
SEC. 6. STUDY ON APPROPRIATE LEVEL OF DIABETES MEDICAL EDUCATION.
(a) In General.--The Secretary shall, in collaboration with the
Institute of Medicine and appropriate associations and councils,
conduct a study of the impact of diabetes on the practice of medicine
in the United States and the appropriateness of the level of diabetes
medical education that should be required prior to licensure, board
certification, and board recertification
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit a report on the study under
subsection (a) to the Committees on Ways and Means and Energy and
Commerce of the House of Representatives and the Committees on Finance
and Health, Education, Labor, and Pensions of the Senate. | Catalyst to Better Diabetes Care Act of 2006 - Requires the Secretary of Commerce to establish an advisory group to examine and recommend best practices of chronic illness employee wellness incentivization and disease management programs.
Directs the Secretary of Health and Human Services to prepare, biennially, a diabetes report card for the nation and for each state that: (1) is adaptable by state and local agencies in order to rate or report local diabetes care, costs, and prevalence; and (2) includes trend analysis in order to track progress in meeting established national goals and objectives and to inform policy and program development.
Requires the Secretary to: (1) identify existing efforts to increase awareness of the diabetes and screening benefit among Medicare beneficiaries and providers; and (2) maximize economies of scale, cost-effectiveness, and resource allocation in increasing utilization of the Medicare diabetes screening program.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, support, and promote the collection, analysis, and publication of data on the prevalence and incidence of type 1 and 2 diabetes and of pre-diabetes. Requires such activities to include an assessment of diabetes as a primary or underlying cause of death. Allows the Secretary to promote the addition to death certificates of language to improve the collection of diabetes mortality data.
Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification. | {"src": "billsum_train", "title": "To catalyze change in the care and treatment of diabetes in America."} | 2,493 | 338 | 0.510648 | 1.597568 | 0.75057 | 5.570492 | 7.793443 | 0.960656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vietnam Human Rights Sanctions
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Vietnam remains a one-party state, ruled and controlled
by the Communist Party of Vietnam, which continues to deny the
right of citizens to change their government.
(2) According to the Department of State's 2012 Country
Reports on Human Rights Practices, Vietnam's ``most significant
human rights problems . . . continued to be severe government
restrictions on citizens' political rights, particularly their
right to change their government; increased measures to limit
citizens' civil liberties; and corruption in the judicial
system and police''.
(3) Furthermore, the Department of State documents that
``arbitrary arrest and detention, particularly for political
activists, remained a problem'', with the Government of Vietnam
sentencing ``at least 35 arrested activists during [2012] to a
total of 131 years in jail and 27 years of probation for
exercising their rights''.
(4) The Government of Vietnam forbids public challenge to
the legitimacy of the one-party state, restricts freedoms of
opinion, the press, assembly, and association, and tightly
limits access to the Internet and telecommunication.
(5) The Government of Vietnam continues to limit freedom of
religion, pressure all religious groups to come under the
control of government and party-controlled management boards,
and restrict the operation of independent religious
organizations, including the Unified Buddhist Church of Vietnam
and members of unsanctioned Mennonite, Cao Dai, Theravada
Buddhist, and Hoa Hao Buddhist religious groups and independent
Protestant house churches, primarily in the central and
northern highlands. Religious leaders who do not conform to the
Government's demands are often harassed, arrested, imprisoned,
or put under house arrest.
(6) Enhancement of relations between the United States and
Vietnam has provided an opportunity for a human rights
dialogue, but is unlikely to lead to future progress on human
rights issues in Vietnam unless the United States makes clear
that such progress is an essential prerequisite for further
enhancements in the bilateral relationship.
SEC. 3. IMPOSITION OF SANCTIONS ON CERTAIN INDIVIDUALS WHO ARE
COMPLICIT IN HUMAN RIGHTS ABUSES COMMITTED AGAINST
NATIONALS OF VIETNAM OR THEIR FAMILY MEMBERS.
(a) In General.--Except as provided in subsection (d), the
President shall impose sanctions described in subsection (c) with
respect to each individual on the list required by subsection (b).
(b) List of Individuals Who Are Complicit in Certain Human Rights
Abuses.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of individuals who
are nationals of Vietnam that the President determines are
complicit in human rights abuses committed against nationals of
Vietnam or their family members, regardless of whether such
abuses occurred in Vietnam.
(2) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available and not less
frequently than annually.
(3) Public availability.--The list required by paragraph
(1) shall be made available to the public and posted on the Web
sites of the Department of the Treasury and the Department of
State.
(4) Consideration of data from other countries and
nongovernmental organizations.--In preparing the list required
by paragraph (1), the President shall consider data already
obtained by other countries and nongovernmental organizations,
including organizations in Vietnam, that monitor the human
rights abuses of the Government of Vietnam.
(c) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Prohibition on entry and admission to the united
states.--An individual whose name appears on the list required
by subsection (b)(1) may not--
(A) be admitted to, enter, or transit through the
United States;
(B) receive any lawful immigration status in the
United States under the immigration laws, including any
relief under the Convention Against Torture; or
(C) file any application or petition to obtain such
admission, entry, or status.
(2) Financial sanctions.--The President shall impose
sanctions authorized pursuant to section 203 of the
International Emergency Economic Powers Act (50 U.S.C. 1702)
with respect to an individual whose name appears on the list
required by subsection (b)(1), including blocking of the
property of, and restricting or prohibiting financial
transactions and the exportation and importation of property
by, the individual.
(d) Exceptions To Comply With International Agreements.--The
President may, by regulation, authorize exceptions to the imposition of
sanctions under this section to permit the United States to comply with
the Agreement between the United Nations and the United States of
America regarding the Headquarters of the United Nations, signed June
26, 1947, and entered into force November 21, 1947, and other
applicable international agreements.
(e) Termination of Sanctions.--The provisions of this section shall
cease to have force and effect on the date on which the President
determines and certifies to the appropriate congressional committees
that the Government of Vietnam has--
(1) unconditionally released all political prisoners;
(2) ceased its practices of violence, unlawful detention,
torture, and abuse of citizens of Vietnam while engaging in
peaceful political activity; and
(3) conducted a transparent investigation into the
killings, arrest, and abuse of peaceful political activists in
Vietnam and prosecuted those responsible.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, and the Committee
on Foreign Relations of the Senate; and
(B) the Committee on Ways and Means, the Committee
on Financial Services, and the Committee on Foreign
Affairs of the House of Representatives.
(2) Convention against torture.--The term ``Convention
Against Torture'' means the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, done at New York on December 10, 1984.
(3) Immigration laws; national.--The terms ``immigration
laws'' and ``national'' have the meanings given those terms in
section 101 of the Immigration and Nationality Act (8 U.S.C.
1101). | Vietnam Human Rights Sanctions Act - Directs the President to: (1) impose financial and immigration/entry sanctions on listed nationals of Vietnam who are complicit in human rights abuses committed against nationals of Vietnam or their family members, regardless of whether such abuses occurred in Vietnam; and (2) submit to Congress a publicly available list of individuals determined to be complicit in such human rights abuses. Authorizes the President to waive sanctions to comply with international agreements. Terminates sanctions if the President certifies to Congress that the government of Vietnam has: (1) released all political prisoners; (2) ceased its practices of violence, detention, and abuse of citizens of Vietnam engaging in peaceful political activity; and (3) conducted a transparent investigation into the killings, arrest, and abuse of such political activists and prosecuted those responsible. | {"src": "billsum_train", "title": "Vietnam Human Rights Sanctions Act"} | 1,416 | 174 | 0.540656 | 1.668037 | 0.665863 | 4.320755 | 8.207547 | 0.937107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Openness in Political Expenditures
Now Act'' or the ``OPEN Act''.
SEC. 2. DISCLOSURE BY CORPORATIONS TO SHAREHOLDERS OF DISBURSEMENTS FOR
POLITICAL ACTIVITY.
(a) Disclosure Required.--Title III of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at
the end the following new section:
``SEC. 325. DISCLOSURES BY CORPORATIONS TO SHAREHOLDERS OF INFORMATION
ON DISBURSEMENTS FOR CERTAIN POLITICAL ACTIVITY.
``(a) Including Information in Regular Periodic Reports.--
``(1) In general.--A corporation which submits regular,
periodic reports to its shareholders shall include in each such
report, in a clear and conspicuous manner, the information
described in paragraph (2) with respect to the disbursements
made by the corporation for covered political activity during
the period covered by the report, but only if the amount of the
disbursement made for such activity during the period covered
by the report equals or exceeds the applicable threshold for
the activity described in paragraph (3).
``(2) Information described.--The information described in
this paragraph is, for each disbursement for covered political
activity--
``(A) the date of the disbursement;
``(B) the amount of the disbursement;
``(C) in the case of a disbursement consisting of
an independent expenditure or an electioneering
communication, or in the case of a covered political
activity described in subsection (c)(3), the name of
the candidate identified in the independent expenditure
or electioneering communication involved, the
Commission ID assigned to the candidate, and the office
sought by the candidate; and
``(D) in the case of a covered political activity
described in subsection (c)(4), the identification of
the association or organization to whom the
disbursement was made, and the Commission ID (if any)
assigned to the association or organization.
``(3) Applicable threshold for disclosure.--For purposes of
paragraph (1), the `applicable threshold' with respect to a
disbursement for covered political activity during a period
covered by a report is as follows:
``(A) In the case of covered political activity
consisting of an independent expenditure, $250.
``(B) In the case of covered political activity
consisting of an electioneering communication or a
communication described in subsection (c)(3), $10,000.
``(C) In the case of covered political activity
consisting of a payment described in subsection (c)(4),
the amount of the limitation on contributions which is
in effect under section 315(a)(1)(C) as of the last day
of the period.
``(b) Submission of Statement to Commission.--
``(1) Submission of statement.--If a corporation includes
information in a report pursuant to this section, at the time
the corporation submits the report to its shareholders, the
corporation shall file a statement with the Commission
consisting of the information included in the report pursuant
to this section.
``(2) Hyperlink to information.--
``(A) Requiring posting of hyperlink.--If a
corporation maintains an Internet site, the corporation
shall post on such Internet site a hyperlink from its
homepage to the location on the Internet site of the
Commission which contains the statement filed by the
corporation under paragraph (1).
``(B) Deadline; duration of posting.--The
corporation shall post the hyperlink described in
subparagraph (A) not later than 24 hours after the
Commission posts the statement filed by the corporation
under paragraph (1) on the Internet site of the
Commission, and shall ensure that the hyperlink remains
on the Internet site of the corporation until the
expiration of the 1-year period which begins on the
date of the election with respect to which the
disbursements included in the statement are made.
``(c) Covered Political Activity Defined.--In this section, the
term `covered political activity' means each of the following:
``(1) An independent expenditure (as defined in section
301(17)).
``(2) An electioneering communication (as defined in
section 304(f)(3)).
``(3) A communication which would be treated as an
electioneering communication under section 304(f)(3) if the
communication had been a broadcast, cable, or satellite
communication.
``(4) The payment of dues or other amounts to a trade
association or to a section 501(c)(4) organization.
``(d) Other Definitions.--In this section, the following
definitions apply:
``(1) The term `corporation' means any corporation which is
subject to section 316(a).
``(2) The term `section 501(c)(4) organization' means any
organization described in paragraph (4) of section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports described in section 325(a)(1) of the
Federal Election Campaign Act of 1971 (as added by subsection (a))
which are filed after the expiration of the 90-day period which begins
on the date of the enactment of this Act.
SEC. 3. LIMITATION ON ENGAGING IN COVERED POLITICAL ACTIVITIES BY
SOCIAL WELFARE ORGANIZATIONS.
(a) In General.--Section 501(c)(4) of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(C)(i) Subparagraph (A) shall not apply to an
entity for a taxable year if the total expenditures of
such entity for the taxable year for covered political
activity exceed the lesser of--
``(I) 10 percent of the total expenditures
of such entity for the taxable year, or
``(II) $10,000,000.
``(ii) Subparagraph (A) shall not apply to an
entity for a taxable year unless its governing
instrument includes provisions the effects of which are
to prohibit the expenditures of the entity for a
covered political activity from exceeding the threshold
specified in clause (i).
``(iii) For purposes of this subparagraph, the term
`covered political activity' means--
``(I) any activity described in paragraphs
(1) through (3) of section 325(c) of the
Federal Election Campaign Act of 1971; and
``(II) any payment by the entity to any
other entity described in this paragraph or to
an organization described in paragraph (6)
which the payor entity knows, or has reason to
know, will be used directly or indirectly by
the payee entity or organization for any
activity referred to in subclause (I).
``(iv) Clause (i) shall not apply for a taxable
year for which the 10 percent threshold specified in
clause (i)(I) is exceeded by not more than a de minimis
amount if the Secretary determines that the reason for
exceeding the threshold was not willful and is due to
reasonable cause.
``(v) The Secretary shall prescribe such
regulations as may be necessary or appropriate to
prevent the avoidance of clause (i), including
regulations relating to a direct or indirect transfer
of all or part of the assets of an entity to an entity
controlled (directly or indirectly) by the same person
or persons who control the transferor entity.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding. | Openness in Political Expenditures Now Act or OPEN Act This bill amends the Federal Election Campaign Act of 1971 to require a corporation that submits regular, periodic reports to its shareholders to include in each such report specified information on disbursements it has made for certain political activity (including independent expenditures and electioneering communications) during the period covered by the report. The amount of disbursements reported, however, is limited to the amount that equals or exceeds the applicable threshold for the covered political activity. "Applicable threshold" for a disbursement is defined as: (1) $250 for an independent expenditure, (2) $10,000 for an electioneering communication or another kind of communication meeting specified criteria, and (3) the amount of the applicable limitation on contributions in effect for payment of dues or other amounts to a trade association or to a tax-exempt social welfare organization. A Corporation reporting such expenditures shall: (1) file a statement about them with the Election Assistance Commission (EAC), and (2) post on its website (if any) a hyperlink from its homepage to this statement on the EAC website. This bill amends the Internal Revenue Code to deny a tax exemption for a social welfare organization if: (1) its expenditures for the taxable year for covered political activity exceed the lesser of 10% of its total expenditures or $10 million, or (2) its governing instrument does not effectively prohibit its expenditures for a covered political activity from exceeding these thresholds. | {"src": "billsum_train", "title": "OPEN Act"} | 1,832 | 320 | 0.70791 | 2.345909 | 0.828144 | 2.529412 | 5.67128 | 0.868512 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women in the Armed Forces
Commemorative Coins Act''.
SEC. 2. WOMEN IN MILITARY SERVICE COMMEMORATIVE COINS.
The Secretary of the Treasury (hereafter in this Act referred to as
the ``Secretary'') shall mint and issue coins in accordance with this
Act to commemorate the women who have served in the Armed Forces of the
United States.
SEC. 3. SPECIFICATIONS OF COINS.
(a) Denominations.--The Secretary shall mint and issue the
following coins:
(1) Five dollar gold coins.--Not more than 50,000 five
dollar gold coins, each of which shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) be composed of 90 percent gold and 10 percent
alloy.
(2) One dollar silver coins.--Not more than 500,000 one
dollar silver coins, each of which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) be composed of 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender as provided in section 5103 of title 31, United States Code.
SEC. 4. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under existing law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Minerals Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins authorized under
this Act shall, in accordance with subsection (b), be symbolic
of women's service in the Armed Forces of the United States.
(2) Designations and inscriptions.--Each coin authorized
under this Act shall bear a designation of the value of the
coin, an inscription of the year the coin is issued, and
inscriptions of the words ``Liberty'', ``In God We Trust'',
``United States of America'', and ``E Pluribus Unum''.
(b) Selection of Design.--The design for each coin authorized by
this Act shall be selected by the Secretary after consultation with the
Women in Military Service for America Memorial Foundation and the
Commission of Fine Arts. As required by section 5135 of title 31,
United States Code, the design shall also be reviewed by the Citizens
Commemorative Coin Advisory Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act may be issued in
uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular combination of denomination and
quality for the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue the coins
minted under this Act beginning on November 1, 1993.
(d) Termination of Authority.--Coins may not be minted under this
Act after the date that is 1 year after the date on which the Secretary
commences the issuing of coins under this section.
(e) Promotion Consultation.--
(1) In general.--In consultation with the Women in Military
Service for America Memorial Foundation, the Secretary shall
determine the role such Foundation shall have in the promotion,
advertising, or marketing of the coins authorized under this
Act.
(2) Contract.--The Secretary shall enter into a contract
involving the promotion, advertising, or marketing of such
coins with the Foundation if the Secretary decides such a
contract would be beneficial in the sale of the coins.
SEC. 7. SALE OF COINS.
(a) In General.--The Secretary shall sell coins minted under this
Act at a price equal to the sum of the face value of the coins, the
surcharge provided in subsection (d) with respect to such coins, and
the cost of designing and issuing the coins (including labor,
materials, dies, use of machinery, and overhead expenses).
(b) Bulk Sales.--The Secretary shall make any bulk sales of the
coins minted under this Act at a reasonable discount to reflect the
lower costs of such sales.
(c) Prepaid Orders.--The Secretary shall accept prepaid orders for
the coins minted under this Act prior to the issuance of such coins.
Sale prices with respect to such prepaid orders shall be at a
reasonable discount.
(d) Surcharges.--All sales of coins minted under this Act shall
include a surcharge of $40 per coin for the 5 dollar coins and $11 per
coin for the one dollar coins.
SEC. 8. FINANCIAL ASSURANCES.
(a) No Net Cost to Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the Federal
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Government.
SEC. 9. USE OF SURCHARGES.
(a) In General.--Surcharges received from the sale of coins minted
under this Act shall be transferred by the Secretary to the Women in
Military Service for America Memorial Foundation, and used to create,
to endow, and to dedicate the Women in the Armed Forces Memorial.
(b) Use of Funds if not Used for Memorial.--Of the amounts received
by the Women in Military Service for America Memorial Foundation, any
amount in excess of the amount spent by the Foundation for the uses
described in subsection (a) shall be transferred to the Secretary for
deposit in the account provided for in section 8(b)(1) of the Act
entitled ``An Act to provide standards for placement of commemorative
works on certain Federal lands in the District of Columbia and its
environs, and for other purposes'' and approved November 14, 1986 (40
U.S.C. 1008).
(c) Audits.--The Comptroller General of the United States shall
conduct an annual audit of any books, records, documents, and other
data belonging to the Women in Military Service for America Memorial
Foundation as may be related to the expenditure of amounts paid under
subsection (a).
SEC. 10. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act relating to the minting or selling of the coins
authorized by this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
-S-E-C-. -1-1-. -C-O-I-N-A-G-E -P-R-O-F-I-T -F-U-N-D-.
-(-a-) -D-e-p-o-s-i-t-s-.----A-l-l -a-m-o-u-n-t-s -r-e-c-e-i-v-e-d
-f-r-o-m -t-h-e -s-a-l-e -o-f -c-o-i-n-s -i-s-s-u-e-d -u-n-d-e-r
-t-h-i-s -A-c-t -s-h-a-l-l -b-e -d-e-p-o-s-i-t-e-d -i-n -t-h-e
-c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d-.
-(-b-) -P-a-y-m-e-n-t-s-.----T-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l
-p-a-y -t-h-e -a-m-o-u-n-t-s -a-u-t-h-o-r-i-z-e-d -u-n-d-e-r
-s-e-c-t-i-o-n -9 -f-r-o-m -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t
-f-u-n-d-.
-(-c-) -E-x-p-e-n-d-i-t-u-r-e-s-.----T-h-e -S-e-c-r-e-t-a-r-y
-s-h-a-l-l -c-h-a-r-g-e -t-h-e -c-o-i-n-a-g-e -p-r-o-f-i-t -f-u-n-d
-w-i-t-h -a-l-l -e-x-p-e-n-d-i-t-u-r-e-s -u-n-d-e-r -t-h-i-s -A-c-t-.
SEC. 11. NUMISMATIC PUBLIC ENTERPRISE FUND.
The coins issued under this Act are subject to the provisions of
section 5134 of title 31, United States Code, relating to the
Numismatic Public Enterprise Fund. | Women in the Armed Forces Commemorative Coins Act - Directs the Secretary of the Treasury to: (1) mint and issue coins to commemorate the women who have served in the armed forces of the United States; and (2) transfer the surcharges received from coin sales to the Women in Military Service for America Memorial Foundation to be used to create, endow, and dedicate the Women in the Armed Forces Memorial. | {"src": "billsum_train", "title": "Women in the Armed Forces Commemorative Coins Act"} | 2,356 | 90 | 0.583218 | 1.355924 | 0.661248 | 5.8375 | 25.225 | 0.9625 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Survivor Benefits
Improvement Act of 2003''.
SEC. 2. FULL SBP SURVIVOR BENEFITS FOR SURVIVING SPOUSES OVER AGE 62.
(a) Phased Increase in Basic Annuity.--
(1) Increase to 55 percent.--Subsection (a)(1)(B)(i) of
section 1451 of title 10, United States Code, is amended by
striking ``35 percent of the base amount.'' and inserting ``the
product of the base amount and the percent applicable for the
month. The percent applicable for a month is 35 percent for
months beginning before October 2005, 40 percent for months
beginning after September 2005 and before October 2008, 45
percent for months beginning after September 2008, and 55
percent for months beginning after September 2014.''.
(2) Reserve-component annuity.--Subsection (a)(2)(B)(i)(I)
of such section is amended by striking ``35 percent'' and
inserting ``the percent specified under paragraph (1)(B)(i) as
being applicable for the month''.
(3) Special-eligibility annuity.--Subsection (c)(1)(B)(i)
of such section is amended--
(A) by striking ``35 percent'' and inserting ``the
applicable percent''; and
(B) by adding at the end the following: ``The
percent applicable for a month under the preceding
sentence is the percent specified under subsection
(a)(1)(B)(i) as being applicable for the month.''.
(4) Conforming amendment.--The heading for subsection
(d)(2)(A) of such section is amended to read as follows:
``Computation of Annuity.--''.
(b) Phased Elimination of Supplemental Annuity.--
(1) Decreasing percentages.--Section 1457(b) of title 10,
United States Code, is amended--
(A) by striking ``5, 10, 15, or 20 percent'' and
inserting ``the applicable percent''; and
(B) by inserting after the first sentence the
following: ``The percent used for the computation shall
be an even multiple of 5 percent and, whatever the
percent specified in the election, may not exceed 20
percent for months beginning before October 2005, 15
percent for months beginning after September 2005 and
before October 2008, and 10 percent for months
beginning after September 2008.''.
(2) Repeal of program in 2014.--Effective on October 1,
2014, chapter 73 of such title is amended--
(A) by striking subchapter III; and
(B) by striking the item relating to subchapter III
in the table of subchapters at the beginning of that
chapter.
(c) Recomputation of Annuities.--
(1) Requirement for recomputation.--Effective on the first
day of each month referred to in paragraph (2)--
(A) each annuity under section 1450 of title 10,
United States Code, that commenced before that month,
is computed under a provision of section 1451 of that
title amended by subsection (a), and is payable for
that month shall be recomputed so as to be equal to the
amount that would be in effect if the percent
applicable for that month under that provision, as so
amended, had been used for the initial computation of
the annuity; and
(B) each supplemental survivor annuity under
section 1457 of such title that commenced before that
month and is payable for that month shall be recomputed
so as to be equal to the amount that would be in effect
if the percent applicable for that month under that
section, as amended by this section, had been used for
the initial computation of the supplemental survivor
annuity.
(2) Times for recomputation.--The requirements for
recomputation of annuities under paragraph (1) apply with
respect to the following months:
(A) October 2005.
(B) October 2008.
(C) October 2014.
(d) Recomputation of Retired Pay Reductions for Supplemental
Survivor Annuities.--The Secretary of Defense shall take such actions
as are necessitated by the amendments made by subsection (b) and the
requirements of subsection (c)(1)(B) to ensure that the reductions in
retired pay under section 1460 of title 10, United States Code, are
adjusted to achieve the objectives set forth in subsection (b) of that
section.
SEC. 3. OPEN ENROLLMENT PERIOD FOR SURVIVOR BENEFIT PLAN COMMENCING
OCTOBER 1, 2005.
(a) Persons Not Currently Participating in Survivor Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan under subchapter II of chapter 73 of title 10, United
States Code, during the open enrollment period specified in
subsection (f).
(2) Election of supplemental annuity coverage.--An eligible
retired or former member who elects under paragraph (1) to
participate in the Survivor Benefit Plan at the maximum level
may also elect during the open enrollment period to participate
in the Supplemental Survivor Benefit Plan established under
subchapter III of chapter 73 of title 10, United States Code.
(3) Eligible retired or former member.--For purposes of
paragraphs (1) and (2), an eligible retired or former member is
a member or former member of the uniformed services who on the
day before the first day of the open enrollment period is not a
participant in the Survivor Benefit Plan and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code, but for the fact
that such member or former member is under 60 years of
age.
(4) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (3)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (3)(B) shall be treated for all
purposes as providing a reserve-component annuity under
the Survivor Benefit Plan.
(b) Election To Increase Coverage Under SBP.--A person who on the
day before the first day of the open enrollment period is a participant
in the Survivor Benefit Plan but is not participating at the maximum
base amount or is providing coverage under the Plan for a dependent
child and not for the person's spouse or former spouse may, during the
open enrollment period, elect to--
(1) participate in the Plan at a higher base amount (not in
excess of the participant's retired pay); or
(2) provide annuity coverage under the Plan for the
person's spouse or former spouse at a base amount not less than
the base amount provided for the dependent child.
(c) Election for Current SBP Participants To Participate in
Supplemental SBP.--
(1) Election.--A person who is eligible to make an election
under this paragraph may elect during the open enrollment
period to participate in the Supplemental Survivor Benefit Plan
established under subchapter III of chapter 73 of title 10,
United States Code.
(2) Persons eligible.--Except as provided in paragraph (3),
a person is eligible to make an election under paragraph (1) if
on the day before the first day of the open enrollment period
the person is a participant in the Survivor Benefit Plan at the
maximum level, or during the open enrollment period the person
increases the level of such participation to the maximum level
under subsection (b) of this section, and under that Plan is
providing annuity coverage for the person's spouse or a former
spouse.
(3) Limitation on eligibility for certain sbp participants
not affected by two-tier annuity computation.--A person is not
eligible to make an election under paragraph (1) if (as
determined by the Secretary concerned) the annuity of a spouse
or former spouse beneficiary of that person under the Survivor
Benefit Plan is to be computed under section 1451(e) of title
10, United States Code. However, such a person may during the
open enrollment period waive the right to have that annuity
computed under such section 1451(e). Any such election is
irrevocable. A person making such a waiver may make an election
under paragraph (1) as in the case of any other participant in
the Survivor Benefit Plan.
(d) Manner of Making Elections.--An election under this section
shall be made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Any such election shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be. A person making an election under subsection (a) to
provide a reserve-component annuity shall make a designation described
in section 1448(e) of title 10, United States Code.
(e) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(f) Open Enrollment Period.--The open enrollment period under this
section shall be the one-year period beginning on October 1, 2005.
(g) Effect of Death of Person Making Election Within Two Years of
Making Election.--If a person making an election under this section
dies before the end of the two-year period beginning on the effective
date of the election, the election is void and the amount of any
reduction in retired pay of the person that is attributable to the
election shall be paid in a lump sum to the person who would have been
the deceased person's beneficiary under the voided election if the
deceased person had died after the end of such two-year period.
(h) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the
case may be.
(i) Additional Premium.--The Secretary of Defense may require that
the premium for a person making an election under subsection (a)(1) or
(b) include, in addition to the amount required under section 1452(a)
of title 10, United States Code, an amount determined under regulations
prescribed by the Secretary of Defense for the purposes of this
subsection. Any such amount shall be stated as a percentage of the base
amount of the person making the election and shall reflect the number
of years that have elapsed since the person retired, but may not exceed
4.5 percent of that person's base amount.
(j) Report Concerning Open Season.--Not later than July 1, 2005,
the Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
open season authorized by this section for the Survivor Benefit Plan.
The report shall include the following:
(1) A description of the Secretary's plans for
implementation of the open season.
(2) The Secretary's estimates of the costs associated with
the open season, including any anticipated effect of the open
season on the actuarial status of the Department of Defense
Military Retirement Fund.
(3) Any recommendation by the Secretary for further
legislative action. | Military Survivor Benefits Improvement Act of 2003 - Adjusts the basic Survivor Benefit Plan (SBP) annuity amount for surviving spouses, age 62 and older, of former military personnel to: (1) 35 percent of the retired pay of the decedent (current law), for months before October 2005; (2) 40 percent for months beginning after September 2005 and before October 2008; (3) 45 percent for months beginning after September 2008 through September 2014; and (4) 55 percent for months after September 2014. Adjusts similarly percentage amounts with respect to survivors of reserve personnel and survivors of persons who die while on active duty. Provides a corresponding phased elimination of the SBP supplemental annuity authorized to be provided to such surviving spouses. Requires periodic recomputation of: (1) annuity amounts beginning in October 2005; and (2) retired pay reductions for supplemental survivor annuities. Provides a one-year open enrollment period for SBP participation, commencing October 1, 2005, for those currently not participating, those electing to increase current coverage, and those wishing to participate in the supplemental SBP. Authorizes the Secretary of Defense to require appropriate premiums for SBP participation. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, to provide for a one-year open season under that plan, and for other purposes."} | 2,572 | 257 | 0.642865 | 1.695557 | 0.797774 | 2.414414 | 10.513514 | 0.864865 |
INVOLVING DISABILITY
RIGHTS.
(a) Findings.--Congress finds the following:
(1) Congress does not directly appropriate funds for the
ADA Mediation Program of the Disability Rights Section of the
Civil Rights Division of the Department of Justice.
(2) The Civil Rights Division receives funds for the ADA
Mediation Program from the Office of Alternative Dispute
Resolution of the Office of Legal Policy of the Department of
Justice. The Office of Alternative Dispute Resolution receives
appropriations through the appropriations account of the
Department of Justice appropriated under the heading ``fees and
expenses of witnesses'' under the heading ``Legal Activities''
(referred to in this subsection as the ``FEW appropriations
account'').
(3) The total amount appropriated to the Office of
Alternative Dispute Resolution through the FEW appropriations
account for fiscal year 2018 is $3,659,544.
(4) Out of this amount, the Office of Alternative Dispute
Resolution funds mediation for all of the litigating units
within the Department of Justice.
(5) The Civil Rights Division requests funding for the ADA
Mediation Program on a quarterly basis and is limited in its
ability to use funds to increase personnel and provide training
concerning the program.
(6) Voluntary mediation, under section 514 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12212), of disputes
between individuals and entities covered by the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) requires
specific expertise.
(7) To best serve the disability community, and entities
covered by that Act, the ADA Mediation Program should be able
to use funds to increase personnel and provide training
concerning the program.
(b) ADA Mediation Program.--
(1) In general.--The Attorney General shall carry out an
ADA Mediation Program (referred to in this section as the
``Program'').
(2) Duties and authorities.--In carrying out the Program,
the Attorney General--
(A) shall facilitate voluntary mediation to resolve
disputes arising under the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.);
(B) may hire or enter into contracts with personnel
for the Program, including increasing the number of
such personnel beyond the number of individuals who
provided services through the Program on the date of
enactment of this section; and
(C) provide training for mediators who provide
services through the Program.
(3) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated to the appropriations account of the
Department of Justice appropriated under the heading
``fees and expenses of witnesses'' under the heading
``Legal Activities'', to carry out this section,
$1,000,000 (in addition to any other amounts
appropriated to that account) for fiscal year 2019.
(B) Availability of funds.--Funds appropriated
under subparagraph (A) may be used to pay for
obligations incurred through the Program prior to the
date of enactment of this section.
SEC. 4. ADA INFORMATION LINE DATA COLLECTION REPORT.
(a) Findings.--Congress finds the following:
(1) As of August 10, 2018, during fiscal year 2018,
accessibility specialists have answered approximately 38,135
calls to the ADA Information Line.
(2) The ADA Information Line receives on average
approximately 1,000 calls per week, and does not typically
collect data about the kinds of calls it receives.
(3) The ADA Information Line takes calls from a variety of
individuals and entities interested in the Americans with
Disabilities Act of 1990, including--
(A) employers covered by such Act;
(B) architects and others who work with such
employers;
(C) public entities, such as schools and public
service providers;
(D) individuals with disabilities; and
(E) entities that provide public accommodations.
(4) ADA.gov provides many resources to individuals and
entities, public or private, looking for information on such
Act.
(b) Definitions.--In this section--
(1) the term ``ADA Information Line'' means the toll-free
line operated by the Attorney General to provide information
and materials to the public about the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.), including regulations issued under the Act and technical
assistance in accordance with section 507 of the Act (42 U.S.C.
12206); and
(2) the term ``disability'', with respect to an individual,
has the meaning given such term in section 3 of such Act (42
U.S.C. 12102).
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Attorney General shall submit a report to each committee
of Congress--
(1) outlining the kinds of calls the ADA Information Line
receives;
(2) detailing the efforts of the Department of Justice to
educate individuals and entities about the existence of the ADA
Information Line; and
(3) providing recommendations on improvements that can be
made to provide additional support to individuals with
disabilities, and entities covered by the Americans with
Disabilities Act of 1990, seeking information on such Act. | Disabled Access Credit Expansion Act This bill amends the Internal Revenue Code, with respect to the tax credit for expenditures by an eligible small business to provide access to disabled individuals, to: (1) increase from $10,250 to $20,500 the annual dollar limitation for eligible access expenditures, (2) require the $20,500 limit to be adjusted for inflation after 2018, and (3) increase from $1 million to $2.5 million the gross receipts limitation for an eligible small business. The bill also requires the Department of Justice (DOJ) to carry out an ADA Mediation Program to: (1) facilitate voluntary mediation to resolve disputes arising under the Americans with Disabilities Act of 1990, and (2) train mediators who provide services through the program. DOJ may hire or enter into contracts with personnel for the program. DOJ must also report to Congress on the ADA Information Line, which is a toll-free line operated by DOJ to provide information and materials to the public about the requirements of the Americans with Disabilities Act of 1990. | {"src": "billsum_train", "title": "Disabled Access Credit Expansion Act"} | 1,134 | 215 | 0.633762 | 1.886234 | 0.566999 | 2.64532 | 5.167488 | 0.743842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Financial Crimes Strategy
Act of 1996''.
SEC. 2. FINANCIAL CRIMES INVOLVING MONEY LAUNDERING AND RELATED
CRIMINAL ACTIVITIES.
(a) In General.--Title IX of the Financial Institutions Reform,
Recovery, and Enforcement Act of 1989 (relating to regulatory
enforcement authority and criminal enhancements) is amended by adding
at the end the following new subtitle:
``Subtitle G--National Financial Crimes Strategy
``SEC. 971. NATIONAL FINANCIAL CRIMES STRATEGY.
``(a) Development and Submission to Congress.--
``(1) In general.--Before the end of the 180-day period
beginning on the date of the enactment of this subtitle and
before February 1 of each subsequent year, the President,
acting through the Secretary of the Treasury, shall develop a
national strategy for combating financial crimes which shall be
submitted to the Congress.
``(2) Separate presentation of classified material.--Any
part of the strategy that involves information which is
properly classified under criteria established by Executive
order shall be submitted to the Congress separately.
``(b) Development of Strategy.--The national strategy for combating
financial crimes shall include the following:
``(1) Long-range goals.--Comprehensive, research-based,
long-range goals for reducing financial crime in the United
States.
``(2) Short-term objective.--A short-term objective which
the Secretary determines may be realistically achieved by the
end of the 2-year period beginning on the date of transmission
of the strategy.
``(3) Allocation of law enforcement resources.--A
description of the manner in which law enforcement resources
will be allocated.
``(4) Review of nonfederal financial crime control
activities.--A review of the financial crime control activities
of State and local governments and recommendations for
sufficient cooperation between Federal agencies and such State
and local governments to achieve a well-coordinated and
effective policy for fighting financial crimes by all levels of
government.
``(5) All other goals, objectives, and strategies.--A
complete list of goals, objectives, and priorities for reducing
financial crimes in addition to the goals and objectives
described in paragraphs (1) and (2).
``(6) Private sector initiatives; intergovernmental
cooperation.--A description of private sector initiatives,
cooperative efforts between the Federal Government and State
and local governments, and cooperative efforts among the several States
and between State and local governments for financial crimes control
which could be utilized or should be encouraged.
``(7) Project and budget priorities.--A 3-year projection
for program and budget priorities and achievable projects for
reductions in financial crimes.
``(8) Assessment of funding.--A complete assessment of how
the proposed budget is intended to implement the strategy and
whether the funding levels contained in the proposed budget are
sufficient to implement the strategy.
``(9) Designated areas.--A description of geographical
areas designated as `high-intensity financial crime areas' in
accordance with section 3.
``(10) Improved communications systems.--A plan for
improving the compatibility of automated information and
information systems to provide the Federal Government and State
and local governments with timely, accurate, and complete
information.
``(c) Consultations.--In developing the national strategy for
combating financial crimes, the Secretary shall consult with--
``(1) Department of the Treasury law enforcement
organizations;
``(2) the Attorney General and the Director of the Federal
Bureau of Investigation;
``(3) Members of Congress;
``(4) State and local officials, including State and local
prosecutors; and
``(5) private citizens with experience and expertise in the
field of financial crimes law enforcement.
``(d) Submission of Reports by Secretary.--
``(1) Report on consultations.--At the time the President
transmits the national strategy on combating financial crimes,
the Secretary shall submit a report indicating the persons
consulted by the director pursuant to subsection (c).
``(2) Effectiveness report.--At the time each national
strategy for combating financial crimes is transmitted by the
President to the Congress (other than the 1st transmission of
any such strategy) pursuant to subsection (a), the Secretary
shall submit a report containing a complete evaluation of the
effectiveness of policies to combat financial crimes.
``SEC. 972. HIGH-INTENSITY FINANCIAL CRIME AREAS.
``(a) Designation of Areas.--The Secretary, in consultation with
the heads of the Department of the Treasury law enforcement
organizations, the Attorney General, the Director of the Federal Bureau
of Investigation, the Governors of the several States, and other State
and local officials and after taking into consideration the factors
specified in subsection (b), may designate any geographical area of the
United States as a `high-intensity financial crime area'.
``(b) Factors.--In considering the designation of any area as a
high-intensity financial crime area, the Secretary shall take into
account the following factors:
``(1) The population of the area and the demographics of
the population.
``(2) The number of bank transactions which originate in
such area or involve institutions located in such area.
``(3) The number of electronic funds transfers which
originate in such area or involve institutions located in such
area.
``(4) The number of stock or commodities transactions which
originate in such area or involve institutions located in such
area.
``(5) The number of requests for information which are made
to the financial crimes enforcement network and which originate
from such area or involve institutions or businesses located in
such area or residents of such area.
``(6) Whether the area is a key transportation hub with any
international ports or airports or an extensive highway system.
``(7) Whether the area is an international center for
banking or commerce.
``(8) The extent to which the area is a center of financial
crimes.
``(9) The extent to which financial crimes and financial
crime-related activities in such area are having a harmful
impact in other areas of the country.
``(10) The extent to which State and local governments and
State and local law enforcement agencies have committed
resources to respond to the financial crime problem in the area
and the degree to which the commitment of such resources
reflects a determination by such government and agencies to
address the problem aggressively.
``(11) The extent to which a significant increase in the
allocation of Federal resources to combat financial crimes in
such area is necessary to provide an adequate State and local
response to financial crimes and financial crime-related
activities in such area.
``SEC. 974. DESIGNATION OF LEAD AGENCY.
``(a) In General.--The Secretary shall have the principal
responsibility for carrying out the national strategy for combating
financial crimes.
``(b) Coordination of Law Enforcement Activities.--
``(1) Notice of major crime reduction activities.--The
heads of the Department of the Treasury law enforcement
organizations, the Attorney General, and the Director of the
Federal Bureau of Investigation shall notify the Secretary, in
writing, of any major financial crime reduction activity
proposed to be carried out by the agency or organization of
which such person is the head in an area designated as a high-
intensity financial crime area.
``(2) Advance notice.--The notice required to be submitted
under paragraph (1) shall be provided in advance of the
initiation of the activity with respect to which such notice is
submitted unless extenuating circumstances require otherwise.
``(3) Objection of secretary.--If the Secretary objects to
the proposed activity for which the Secretary receives notice
under paragraph (1), the Secretary shall notify the agency in
writing of the basis for the Secretary's objection.
``(c) Federal Responses Authorized.--With respect to any area
designated under section 3(a) as a high-intensity financial crime area,
the Secretary may take the following initiatives:
``(1) Develop a plan for the redistribution or the
temporary reassignment of the personnel and physical resources
of the Department of the Treasury law enforcement
organizations, the Department of Justice (including the offices
of the United States Attorneys, the Federal Bureau of
Investigation, and, when appropriate, the United States
Marshals Service), and any other Federal law enforcement
organization the President determines to be appropriate in
order to more effectively combat financial crimes in such area
and make recommendations to the head of each such agency or
department for such redistribution or temporary reassignment.
``(2) Recommend increases in Federal assistance which the
Secretary determines is necessary to combat financial crimes in
such areas.
``(3) Establish joint cooperative efforts, and coordinate
enforcement activities, between Federal law enforcement
agencies and State and local law enforcement agencies with
respect to financial crimes in such area.
``SEC. 975. GRANTS FOR FIGHTING FINANCIAL CRIMES.
``(a) Program Authorized.--The Secretary is authorized to provide
grants to any consortium consisting of 3 or more State or local law
enforcement agencies and prosecutors to provide funding necessary to
investigate and prosecute financial crimes in high-intensity financial
crime areas.
``(b) Authorization.--There are authorized to be appropriated such
sums as may be necessary for fiscal years beginning after fiscal year
1996 to carry out this section.
``SEC. 976. BUDGETS FOR LAW ENFORCEMENT ACTIVITIES RELATING TO
FINANCIAL CRIMES.
``Section 1105 of title 31, United States Code, is amended by
adding at the end the following new subsection:
```(h) The Director of the Office of Management and Budget shall
establish the funding for law enforcement activities with respect to
financial crimes for each applicable department or agency as a separate
object class in each budget annually submitted to the Congress under
this section.'.
``SEC. 977. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall
apply:
``(1) Department of the treasury law enforcement
organizations.--The term `Department of the Treasury law
enforcement organizations' has the meaning given to such term
in section 9703(p) of title 31, United States Code.
``(2) Financial crime.--The term `financial crime' means an
offense under section 1956 of title 18, United States Code, or
section 5324 of title 31 of such Code, and any related Federal,
State, or local criminal offense.
``(3) Secretary.--The term `Secretary' means the Secretary
of the Treasury.''.
(b) Report and Recommendations.--Before January 1, 1997, the
Secretary shall submit a report to the Committee on Banking and
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on the effectiveness
of and the need for the designation of areas, under section 972 of
Financial Institutions Reform, Recovery, and Enforcement Act of 1989
(as added by subsection (a) of this section), as high-intensity
financial crime areas, together with such recommendations for
legislation as the Secretary may determine to be appropriate to carry
out the purposes of such section. | National Financial Crimes Strategy Act of 1996 - Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to prescribe guidelines under which: (1) the President, acting through the Secretary of the Treasury (the Secretary), shall develop and submit to the Congress a national strategy for combating financial crimes; and (2) the Secretary is authorized to designate any geographical area of the United States as a "high-intensity financial crime area."
Confers principal responsibility upon the Secretary for implementing the national strategy for combating financial crimes.
Authorizes the Secretary to provide grants to any consortium of three or more State or local law enforcement agencies and prosecutors in order to provide the necessary funding for investigation and prosecution.
Amends Federal monetary law to require the Director of the Office of Management and Budget to establish the funding for financial crime law enforcement activities for each applicable department or agency as a separate object class in each annual budget. | {"src": "billsum_train", "title": "National Financial Crimes Strategy Act of 1996"} | 2,421 | 195 | 0.621941 | 1.736666 | 0.721387 | 3.906593 | 12.741758 | 0.917582 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Home Health Beneficiary
Equity and Payment Simplification Act of 1999''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Research has shown that medicare beneficiaries who are
in need of home health services that are covered under the
medicare program generally fall into 1 of the 4 following
categories:
(A) Post-hospital, short-stay beneficiaries.
(B) Medically stable, long-stay beneficiaries.
(C) Medically complex, long-stay beneficiaries.
(D) Medically unstable and complex, extremely high-
use beneficiaries.
(2) The interim payment system for home health services
under the medicare program, enacted as part of the Balanced
Budget Act of 1997 and amended by title V of the Tax and Trade
Relief Extension Act of 1998 (contained in Division J of Public
Law 105-277), is having the following unintended consequences:
(A) The sickest, most frail medicare beneficiaries
are losing access to medically necessary home health
services that are otherwise covered under the medicare
program.
(B) Many high quality, cost-effective home health
agencies have had per beneficiary limits under the
interim payment system set so low that such agencies
are finding it impossible to continue to provide home
health services under the medicare program.
(C) Many home health agencies are being subjected
to aggregate per beneficiary limits under the interim
payment system that do not accurately reflect the
current patient mix of such agencies, thereby making it
impossible for such agencies to compete with similarly
situated home health agencies.
(D) Medicare beneficiaries that reside in certain
States and regions of the country have far less access
to home health services under the medicare program than
individuals who have identical medical conditions but
reside in other States or regions of the country.
(E) The health status of home health beneficiaries
varies significantly in different regions of the
country, creating differing needs for home health
services.
SEC. 3. PAYMENTS TO HOME HEALTH AGENCIES UNDER MEDICARE.
(a) Revision of Prospective Payment System.--
(1) In general.--Section 1895 of the Social Security Act
(42 U.S.C. 1395fff) (as amended by section 5101 of the Tax and
Trade Relief Extension Act of 1998 (contained in Division J of
Public Law 105-277)) is amended--
(A) in subsection (a), by striking ``for portions
of cost reporting periods occurring on or after October
1, 2000'' and inserting ``for cost reporting periods
beginning on or after October 1, 1999''; and
(B) in subsection (b), by striking the last
sentence of paragraph (1) and all that follows and
inserting the following:
``(2) Payment basis.--
``(A) In general.--The prospective payment amount
to be paid to a home health agency under this section
for all of the home health services (including medical
supplies) provided to a beneficiary under this title
during the 12-month period beginning on the date that
such services are first provided by such agency to such
beneficiary pursuant to a plan for furnishing such
services (and for each subsequent 12-month period that
services are provided under such plan) shall be an
amount equal to the applicable amount specified in
subparagraph (B) for the fiscal year in which the 12-
month period begins.
``(B) Applicable amount.--Subject to subparagraphs
(C), (D), and (E) and paragraph (5), for purposes of
this subsection, the applicable amount is equal to--
``(i) $2,603 for a beneficiary described in
subparagraphs (A) and (E) of paragraph (3);
``(ii) $3,335 for a beneficiary described
in paragraph (3)(B);
``(iii) $4,228 for a beneficiary described
in paragraph (3)(C); and
``(iv) $21,864 for a beneficiary described
in paragraph (3)(D).
``(C) Annual update.--
``(i) In general.--The applicable amount
specified in subparagraph (B) shall be adjusted
for each fiscal year (beginning with fiscal
year 2001) in a prospective manner specified by
the Secretary by the home health market basket
percentage increase applicable to the fiscal
year involved.
``(ii) Home health market basket percentage
increase.--For purposes of clause (i), the term
`home health market basket percentage increase'
means, with respect to a fiscal year, a
percentage (estimated by the Secretary before
the beginning of the fiscal year) determined
and applied with respect to the mix of goods
and services included in home health services
in the same manner as the market basket
percentage increase under section
1886(b)(3)(B)(iii) is determined and applied to
the mix of goods and services comprising
inpatient hospital services for the fiscal
year.
``(D) Area wage adjustment.--
``(i) In general.--The portion of the
applicable amount specified in subparagraph (B)
(as updated under subparagraph (C)) that the
Secretary estimates to be attributable to wages
and wage-related costs shall be adjusted for
geographic differences in such costs by an area
wage adjustment factor for the area in which
the home health agency is located.
``(ii) Establishment of area wage
adjustment factors.--The Secretary shall
establish area wage adjustment factors that
reflect the relative level of wages and wage-
related costs applicable to the furnishing of
home health services in a geographic area
compared to the national average applicable
level. Such factors may be the factors used by
the Secretary for purposes of section
1886(d)(3)(E).
``(E) Medical supplies.--The applicable amount
specified in subparagraph (B) shall be adjusted for
each fiscal year (beginning with fiscal year 2001) in a
prospective manner specified by the Secretary by the
percentage increase (as determined by the Secretary) in
the average costs of medical supplies (as described in
section 1861(m)(5)) for the fiscal year involved.
``(3) Description of beneficiaries.--
``(A) Post-hospital, short-stay beneficiary.--A
beneficiary described in this subparagraph is a
beneficiary under this title who--
``(i) has experienced at least one 24-hour
hospitalization within the 14-day period
immediately preceding the date that the
beneficiary is first provided services by the
home health agency;
``(ii) suffers from 1 or more illnesses or
injuries which are post-operative or post-
trauma; and
``(iii) has a prognosis of a prompt and
substantial recovery.
``(B) Medically stable, long-stay beneficiary.--A
beneficiary described in this subparagraph is a
beneficiary under this title who--
``(i) has not been admitted to a hospital
within the 6-month period immediately preceding
the date that the beneficiary is first provided
services by the home health agency;
``(ii) suffers from 1 or more illnesses or
injuries requiring acute medical treatment or
management in the home; and
``(iii) is experiencing 1 or more
impairments in activities of daily living.
``(C) Medically complex, long-stay beneficiary.--A
beneficiary described in this subparagraph is a
beneficiary under this title who--
``(i) has experienced 2 or more
hospitalizations or admissions to skilled
nursing facilities within the 12-month period
immediately preceding the date that the
beneficiary is first provided services by the
home health agency;
``(ii) suffers from 1 or more illnesses or
injuries requiring acute medical treatment or
management in the home; and
``(iii) is experiencing 1 or more
impairments in activities of daily living.
``(D) Medically unstable and complex, extremely
high-use beneficiaries.--A beneficiary described in
this subparagraph is a beneficiary under this title
who--
``(i) has experienced 2 or more
hospitalizations or admissions to skilled
nursing facilities within the 6-month period
immediately preceding the date that the
beneficiary is first provided services by the
home health agency;
``(ii) suffers from 1 or more illnesses or
injuries requiring acute medical treatment or
management in the home; and
``(iii) is experiencing 2 or more
impairments in activities of daily living.
``(E) Other beneficiaries.--A beneficiary described
in this subparagraph is a beneficiary under this title
who is not otherwise described in subparagraphs (A)
through (D).
``(4) Determination.--
``(A) In general.--The determination of which of
the subparagraphs under paragraph (3) applies to a
beneficiary under this title shall be based on the
diagnosis and assessment of a physician who shall have
no financial relationship with the home health agency
that is receiving payments under this title for the
provision of home health services to such beneficiary.
For purposes of the preceding sentence, any financial
relationship shall be determined under rules similar to
the rules with respect to referrals under section 1877.
``(B) Regulations.--The Secretary shall issues
regulations to assist physicians in making the
determination described in subparagraph (A).
``(5) Additional payment amount.--The Secretary may
increase the applicable amount specified in paragraph (2)(B) to
be paid to a home health agency if the Secretary determines
that such agency is--
``(A) experiencing higher than average costs for
providing home health services as compared to other
similarly situated home health agencies; or
``(B) providing home health services that are not
reflected in the determination of the applicable
amount.
``(6) Notice of prospective payment rate.--Not later than
July 1 of each year (beginning in 2000), the Secretary shall
publish in the Federal Register the applicable amount to be
paid to home health agencies for home health services provided
to a beneficiary under this title during the fiscal year
beginning October 1 of the year.
``(7) Proration of prospective payment amounts.--If a
beneficiary elects to transfer to, or receive services from,
another home health agency within the period covered by the
prospective payment amount, the payment shall be prorated
between the home health agencies involved.''.
(2) Conforming amendments.--Section 1895 of the Social
Security Act (42 U.S.C. 1395fff) (as amended by section 5101 of
the Tax and Trade Relief Extension Act of 1998 (contained in
Division J of Public Law 105-277)) is amended--
(A) by amending subsection (c) to read as follows:
``(c) Requirement for Payment Information.--With respect to home
health services furnished on or after October 1, 1998, no claim for
such a service may be paid under this title unless the claim has the
unique identifier (provided under section 1842(r)) for the physician
who prescribed the services or made the certification described in
section 1814(a)(2) or 1835(a)(2)(A).''; and
(B) by striking subsection (d).
(3) Change in effective date.--Section 4603(d) of the
Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) (as
amended by section 5101(c)(2) of the Tax and Trade Relief
Extension Act of 1998 (contained in Division J of Public Law
105-277)) is amended by striking ``October 1, 2000'' and
inserting ``October 1, 1999''.
(4) Elimination of contingency 15 percent reduction.--
Subsection (e) of section 4603 of the Balanced Budget Act of
1997 (42 U.S.C. 1395fff note) is repealed.
(5) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act.
(b) Payment Rates Based on Location of Home Health Agency Rather
Than Patient.--
(1) Conditions of participation.--Section 1891 of the
Social Security Act (42 U.S.C. 1395bbb) is amended by striking
subsection (g).
(2) Wage adjustment.--Section 1861(v)(1)(L)(iii) (42 U.S.C.
1395x(v)(1)(L)(iii)) is amended by striking ``service is
furnished'' and inserting ``agency is located''.
(3) Effective date.--The amendments made by this subsection
shall apply to services provided on or after October 1, 1999. | Divides patients, and PPS payments, into four categories: (1) post-hospital, short stay beneficiaries ($2,603); (2) medically stable, long-stay beneficiaries ($3,335); (3) medically complex, long-stay beneficiaries ($4,228); and (4) medically unstable and complex, extremely high use beneficiaries ($21,864). Specifies a formula for annual payment updates.
Amends the Balanced Budget Act of 1997 to repeal the 15 percent reduction in Medicare home health reimbursement currently scheduled to go into effect on October 1, 2000. | {"src": "billsum_train", "title": "Medicare Home Health Beneficiary Equity and Payment Simplification Act of 1999"} | 2,729 | 117 | 0.530472 | 1.544909 | 0.527488 | 2.893805 | 22.300885 | 0.876106 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ethics in Foreign Lobbying Act of
2016''.
SEC. 2. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE
POLITICAL COMMITTEES OR SEPARATE SEGREGATED FUNDS
SPONSORED BY FOREIGN-CONTROLLED CORPORATIONS AND
ASSOCIATIONS.
Title III of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101 et seq.) is amended by adding at the end the following new
section:
``prohibition of contributions and expenditures by multicandidate
political committees sponsored by foreign-controlled corporations and
associations
``Sec. 325. (a) Notwithstanding any other provision of law--
``(1) no multicandidate political committee or separate
segregated fund of a foreign-controlled corporation may make
any contribution or expenditure with respect to an election for
Federal office; and
``(2) no multicandidate political committee or separate
segregated fund of a trade organization, membership
organization, cooperative, or corporation without capital stock
may make any contribution or expenditure with respect to an
election for Federal office if 50 percent or more of the
operating fund of the trade organization, membership
organization, cooperative, or corporation without capital stock
is supplied by foreign-controlled corporations or foreign
nationals.
``(b) The Commission shall--
``(1) require each multicandidate political committee or
separate segregated fund of a corporation to include in the
statement of organization of the multicandidate political
committee or separate segregated fund a statement (to be
updated annually and at any time when the percentage goes above
or below 50 percent) of the percentage of ownership interest in
the corporation that is controlled by persons other than
citizens or nationals of the United States;
``(2) require each trade association, membership
organization, cooperative, or corporation without capital stock
to include in its statement of organization of the
multicandidate political committee or separate segregated fund
(and update annually) the percentage of its operating fund that
is derived from foreign-owned corporations and foreign
nationals; and
``(3) take such action as may be necessary to enforce
subsection (a).
``(c) The Commission shall maintain a list of the identity of the
multicandidate political committees or separate segregated funds that
file reports under subsection (b), including a statement of the amounts
and percentage reported by such multicandidate political committees or
separate segregated funds.
``(d) As used in this section--
``(1) the term `foreign-owned corporation' means a
corporation at least 50 percent of the ownership interest of
which is controlled by persons other than citizens or nationals
of the United States;
``(2) the term `multicandidate political committee' has the
meaning given that term in section 315(a)(4);
``(3) the term `separate segregated fund' means a separate
segregated fund referred to in section 316(b)(2)(C); and
``(4) the term `foreign national' has the meaning given
that term in section 319.''.
SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES OF FOREIGN
NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121) is amended by adding at the end the following new subsection:
``(c) A foreign national shall not direct, dictate, control, or
directly or indirectly participate in the decisionmaking process of any
person, such as a corporation, labor organization, or political
committee, with regard to such person's Federal or non-Federal
election-related activities, such as decisions concerning the making of
contributions or expenditures in connection with elections for any
local, State, or Federal office or decisions concerning the
administration of a political committee.''.
SEC. 4. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL ACTIVITIES
INFORMATION WITHIN THE FEDERAL ELECTION COMMISSION.
(a) Establishment.--There shall be established within the Federal
Election Commission a clearinghouse of public information regarding the
political activities of foreign principals and agents of foreign
principals. The information comprising this clearinghouse shall include
only the following:
(1) All registrations and reports filed pursuant to the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) during
the preceding 5-year period.
(2) All registrations and reports filed pursuant to the
Foreign Agents Registration Act of 1938, as amended (22 U.S.C.
611 et seq.), during the preceding 5-year period.
(3) The listings of public hearings, hearing witnesses, and
witness affiliations printed in the Congressional Record during
the preceding 5-year period.
(4) Public information disclosed pursuant to the rules of
the Senate or the House of Representatives regarding honoraria,
the receipt of gifts, travel, and earned and unearned income.
(5) All reports filed pursuant to title I of the Ethics in
Government Act of 1978 (5 U.S.C. App.) during the preceding 5-
year period.
(6) All public information filed with the Federal Election
Commission pursuant to the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) during the preceding 5-year
period.
(b) Disclosure of Other Information Prohibited.--The disclosure by
the clearinghouse, or any officer or employee thereof, of any
information other than that set forth in subsection (a) is prohibited,
except as otherwise provided by law.
(c) Director of Clearinghouse.--(1) The clearinghouse shall have a
Director, who shall administer and manage the responsibilities and all
activities of the clearinghouse.
(2) The Director shall be appointed by the Federal Election
Commission.
(3) The period of the Director's term of service shall be
determined by the Commission, but may not exceed 5 years.
(4) No individual appointed to serve a term as the Director may
serve for an additional term.
(d) Ensuring Sufficient Staff and Other Resources.--The Commission
shall ensure that the Director has sufficient resources, including
staff, to carry out the Director's duties and responsibilities under
this Act.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to conduct the activities of
the clearinghouse.
SEC. 5. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE
CLEARINGHOUSE.
(a) In General.--It shall be the duty of the Director of the
clearinghouse established under section 4--
(1) to develop a filing, coding, and cross-indexing system
to carry out the purposes of this Act (which shall include an
index of all persons identified in the reports, registrations,
and other information comprising the clearinghouse);
(2) notwithstanding any other provision of law, to make
copies of registrations, reports, and other information
comprising the clearinghouse available for public inspection
and copying, beginning not later than 30 days after the
information is first available to the public, and to permit
copying of any such registration, report, or other information
by hand or by copying machine or, at the request of any person,
to furnish a copy of any such registration, report, or other
information upon payment of the cost of making and furnishing
such copy, except that no information contained in such
registration or report and no such other information shall be
sold or used by any person for the purpose of soliciting
contributions or for any profit-making purpose;
(3) to compile and summarize, for each calendar quarter,
the information contained in such registrations, reports, and
other information comprising the clearinghouse in a manner
which facilitates the disclosure of political activities,
including, but not limited to, information on--
(A) political activities pertaining to issues
before the Congress and issues before the executive
branch; and
(B) the political activities of individuals,
organizations, foreign principals, and agents of
foreign principals who share an economic, business, or
other common interest;
(4) to make the information compiled and summarized under
paragraph (3) available to the public within 30 days after the
close of each calendar quarter, and to publish such information
in the Federal Register at the earliest practicable
opportunity;
(5) not later than 150 days after the date of the enactment
of this Act and at any time thereafter, to prescribe, in
consultation with the Comptroller General, such rules,
regulations, and forms, in conformity with the provisions of
chapter 5 of title 5, United States Code, as are necessary to
carry out the provisions of section 4 and this section in the
most effective and efficient manner; and
(6) at the request of any Member of the Senate or Member of
the House of Representatives, to prepare and submit to such
Member a study or report relating to the political activities
of any person and consisting only of the information in the
registrations, reports, and other information comprising the
clearinghouse.
(b) Definitions.--As used in this section--
(1) the terms ``foreign principal'' and ``agent of a
foreign principal'' have the meanings given those terms in
section 1 of the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611);
(2) the term ``issue before the Congress'' means the total
of all matters, both substantive and procedural, relating to--
(A) any pending or proposed bill, resolution,
report, nomination, treaty, hearing, investigation, or
other similar matter in either the Senate or the House
of Representatives or any committee or office of the
Congress; or
(B) any pending action by a Member, officer, or
employee of the Congress to affect, or attempt to
affect, any action or proposed action by any officer or
employee of the executive branch;
(3) the term ``issue before the executive branch'' means
the total of all matters, both substantive and procedural,
relating to any pending action by any executive agency, or by
any officer or employee of the executive branch, concerning--
(A) any pending or proposed rule, rule of practice,
adjudication, regulation, determination, hearing,
investigation, contract, grant, license, negotiation,
or the appointment of officers and employees, other
than appointments in the competitive service; or
(B) any issue before the Congress; and
(4) the term ``Member of the House of Representatives''
includes a Delegate or Resident Commissioner to the Congress.
SEC. 6. PENALTIES FOR DISCLOSURE.
Any person who discloses information in violation of section 4(b),
and any person who sells or uses information for the purpose of
soliciting contributions or for any profit-making purpose in violation
of section 5(a)(2), shall be imprisoned for a period of not more than 1
year, or fined under title 18, United States Code, or both.
SEC. 7. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT OF 1938.
(a) Quarterly Reports.--Section 2(b) of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 612(b)), is amended in the first
sentence by striking ``, within thirty days'' and all that follows
through ``preceding six months' period'' and inserting the following:
``on January 31, April 30, July 31, and October 31 of each year, file
with the Attorney General a supplement thereto on a form prescribed by
the Attorney General, which shall set forth regarding the three-month
periods ending the previous December 31, March 31, June 30, and
September 30, respectively, or if a lesser period, the period since the
initial filing,''.
(b) Exemption for Legal Representation.--Section 3(g) of the
Foreign Agents Registration Act of 1938 (22 U.S.C. 613(g)) is amended
by adding at the end the following: ``A person may be exempt under this
subsection only upon filing with the Attorney General a request for
such exemption.''.
(c) Civil Penalties.--Section 8 of the Foreign Agents Registration
Act of 1938 (22 U.S.C. 618) is amended by adding at the end the
following:
``(i)(1) Any person who is determined, after notice and opportunity
for an administrative hearing--
``(A) to have failed to file a registration statement under
section 2(a) or a supplement thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay a civil penalty in an amount not less than
$2,000 or more than $5,000 for each violation committed. In determining
the amount of the penalty, the Attorney General shall give due
consideration to the nature and duration of the violation.
``(2)(A) In conducting investigations and hearings under paragraph
(1), administrative law judges may, if necessary, compel by subpoena
the attendance of witnesses and the production of evidence at any
designated place or hearing.
``(B) In the case of contumacy or refusal to obey a subpoena
lawfully issued under this paragraph and, upon application by the
Attorney General, an appropriate district court of the United States
may issue an order requiring compliance with such subpoena and any
failure to obey such order may be punished by such court as contempt
thereof.''. | Ethics in Foreign Lobbying Act of 2016 This bill amends the Federal Election Campaign Act of 1971 to prohibit contributions and expenditures in federal elections by multicandidate political committees or separate segregated funds sponsored by foreign-controlled corporations and associations (at least 50% owned by a non-U.S. citizen or foreign national). Ownership and operating fund reporting requirements are set forth. A foreign national Floor Agenda Team may not participate in the decision-making process of any person's election-related activities (such as those of a corporation, labor organization, or political committee). The bill establishes within the Federal Election Commission (FEC) a clearinghouse of existing public information regarding the political activities of foreign principals and agents of foreign principals. The Foreign Agents Registration Act of 1938 is amended to: (1) revise foreign agents' supplemental reporting requirements, and (2) provide civil penalties for specified reporting violations. | {"src": "billsum_train", "title": "Ethics in Foreign Lobbying Act of 2016"} | 3,009 | 193 | 0.570047 | 1.674506 | 0.931978 | 3.264368 | 15.718391 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Former Soviet Union Nuclear Threat
Reduction Act of 1993''.
SEC. 2. PROGRAM TO REDUCE NUCLEAR THREAT IN FORMER SOVIET UNION.
(a) Establishment of Program.--The President shall establish a
program to reduce the environmental and national security threats from
nuclear facilities located in the former Soviet Union, specifically the
threat from nuclear facilities located in Belarus, Kazakhstan, Russia,
and Ukraine.
(b) Conduct of Program.--In carrying out the program established
under subsection (a), the President shall meet the following
requirements:
(1) Provision of assistance.--Subject to section 3, the
President shall provide assistance to Belarus, Kazakhstan,
Russia, and Ukraine to--
(A) accelerate the retirement of plutonium
production and chemical separation facilities;
(B) accelerate the closure of Chernobyl-type
nuclear reactors;
(C) establish alternative energy sources and
promote energy conservation measures;
(D) identify, assess, and set priorities for the
cleanup of nuclear contaminated sites;
(E) establish training and technology development
programs for environmental restoration and waste
management activities at nuclear contaminated sites;
(F) deactivate and safely dispose of decommissioned
nuclear-powered submarines;
(G) store and dispose of spent fuel and other
radioactive materials; and
(H) strengthen nuclear materials accounting and
security systems, and foster cooperative means of
verifying reciprocal data exchanges covering past
fissile material production and current inventories.
(2) Establishment of technical working groups.--Not later
than 180 days after the date of the enactment of this Act, the
President shall establish with the appropriate independent
states of the former Soviet Union and with other nations
capable of producing nuclear weapons material bilateral or
multilateral technical working groups in accordance with
section 3151(c) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484).
SEC. 3. CERTIFICATION REQUIREMENTS.
The President may provide assistance under section 2(b)(1) to a
country specified in such section only if the President certifies to
the Congress that such country--
(1) has ratified the Treaty on the Reduction and Limitation
of Strategic Offensive Arms (START I);
(2) has acceded to the Treaty on the Non-Proliferation of
Nuclear Weapons;
(3) is eligible for assistance under section 1412(d) of the
Former Soviet Union Demilitarization Act of 1992 (section
1412(d) of the National Defense Authorization Act for Fiscal
Year 1993; 22 U.S.C. 5902(d)) and section 502 of the Freedom
for Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992 (Public Law 102-511; 22 U.S.C. 5852); and
(4) will not use assistance under section 2(b)(1) to
support the continued operation or enhancement of plants for
chemical separation of plutonium from the fission products in
spent nuclear fuel.
SEC. 4. REPORTING REQUIREMENTS.
(a) Prior Notice to Congress of Obligation of Funds.--The reporting
requirements under section 1431 of the Former Soviet Union
Demilitarization Act of 1992 (section 1431 of the National Defense
Authorization Act for Fiscal Year 1993; 22 U.S.C. 5921) and section
3121(a)(2) of the National Defense Authorization Act for Fiscal Year
1993 (Public Law 102-484) shall apply with respect to the obligation or
use of funds for the program established under section 2(a).
(b) Quarterly Reports on Programs.--Not later than 30 days after
the last fiscal quarter of fiscal year 1993 and not later than 30 days
after the end of each fiscal year quarter of fiscal year 1994, the
President shall transmit to the Congress a report on the activities
carried out under the program established under section 2(a) in
accordance with section 1432 of the Former Soviet Union
Demilitarization Act of 1992 (section 1432 of the National Defense
Authorization Act for Fiscal Year 1993; 22 U.S.C. 5922).
(c) Report on Nuclear Stockpile Information.--Not later than 180
days after the date of the enactment of this Act, the President shall
submit to the Congress a report containing a description of the
specific actions that have been taken and are planned to be taken to
comply with the condition described in subsection (a)(8) (concerning
nuclear stockpile weapons arrangement) of the Senate resolution of
ratification of START I (Treaty Doc. 102-20 and 102-32).
SEC. 5. ADMINISTRATION.
(a) Executive Agent.--The Office of Defense Programs or the Office
of Intelligence and National Security of the Department of Energy shall
serve as the executive agent for the program established under section
2(a) and shall carry out such program in coordination with other
appropriate Federal agencies.
(b) Coordination.--The President shall provide for the coordination
of the program established under section 2(a) with other programs that
provide assistance to the independent states of the former Soviet Union
in accordance with the program coordination provisions of section 102
of the Freedom for Russia and Emerging Eurasian Democracies and Open
Markets Support Act of 1992 (Public Law 102-511; 22 U.S.C. 5812).
SEC. 6. FUNDING.
The President shall transfer to the appropriate accounts for
national security programs of the Department of Energy from amounts
appropriated to the Department of Energy for years prior to fiscal year
1993 for such programs such amounts as are available up to $500,000,000
to carry out section 2(a). | Former Soviet Union Nuclear Threat Reduction Act of 1993 - Directs the President to establish a program to reduce the environmental and national security threats from nuclear facilities in the former Soviet Union.
Requires the President to establish multilateral technical working groups with the appropriate independent states of the former Soviet Union and other nations capable of producing nuclear weapons to examine monitoring and inspection arrangements that could be applied to verification.
Authorizes the President to provide assistance under this Act only upon certification to the Congress that the country: (1) has ratified the Treaty on the Reduction and Limitation of Strategic Offensive Arms (START I); (2) has acceded to the Treaty on the Non-Proliferation of Nuclear Weapons; (3) is eligible for specified demilitarization and nonproliferation and disarmament assistance under other Acts; and (4) will not use assistance to support the continued operation or enhancement of plants for chemical separation of plutonium from fission products in spent nuclear fuel.
Sets forth reporting requirements.
Transfers funds from amounts appropriated to the Department of Energy for prior years for programs under this Act. | {"src": "billsum_train", "title": "Former Soviet Union Nuclear Threat Reduction Act of 1993"} | 1,237 | 239 | 0.719465 | 2.001069 | 1.031787 | 5.183575 | 5.236715 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Intelligence Surveillance
Substitution Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistance.--The term ``assistance'' means the
provision of, or the provision of access to, information
(including communication contents, communications records, or
other information relating to a customer or communication),
facilities, or another form of assistance.
(2) Contents.--The term ``contents'' has the meaning given
that term in section 101(n) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(n)).
(3) Covered civil action.--The term ``covered civil
action'' means a civil action filed in a Federal or State court
that--
(A) alleges that an electronic communication
service provider furnished assistance to an element of
the intelligence community; and
(B) seeks monetary or other relief from the
electronic communication service provider related to
the provision of such assistance.
(4) Electronic communication service provider.--The term
``electronic communication service provider'' means--
(A) a telecommunications carrier, as that term is
defined in section 3 of the Communications Act of 1934
(47 U.S.C. 153);
(B) a provider of an electronic communication
service, as that term is defined in section 2510 of
title 18, United States Code;
(C) a provider of a remote computing service, as
that term is defined in section 2711 of title 18,
United States Code;
(D) any other communication service provider who
has access to wire or electronic communications either
as such communications are transmitted or as such
communications are stored;
(E) a parent, subsidiary, affiliate, successor, or
assignee of an entity described in subparagraph (A),
(B), (C), or (D); or
(F) an officer, employee, or agent of an entity
described in subparagraph (A), (B), (C), (D), or (E).
(5) Element of the intelligence community.--The term
``element of the intelligence community'' means an element of
the intelligence community specified in or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
SEC. 3. SUBSTITUTION OF THE UNITED STATES IN CERTAIN ACTIONS.
(a) In General.--
(1) Certification.--Notwithstanding any other provision of
law, a Federal or State court shall substitute the United
States for an electronic communication service provider with
respect to any claim in a covered civil action as provided in
this subsection, if the Attorney General certifies to that
court that--
(A) with respect to that claim, the assistance
alleged to have been provided by the electronic
communication service provider was--
(i) provided in connection with an
intelligence activity involving communications
that was--
(I) authorized by the President
during the period beginning on
September 11, 2001, and ending on
January 17, 2007; and
(II) designed to detect or prevent
a terrorist attack, or activities in
preparation for a terrorist attack,
against the United States; and
(ii) described in a written request or
directive from the Attorney General or the head
of an element of the intelligence community (or
the deputy of such person) to the electronic
communication service provider indicating that
the activity was--
(I) authorized by the President;
and
(II) determined to be lawful; or
(B) the electronic communication service provider
did not provide the alleged assistance.
(2) Substitution.--
(A) In general.--Except as provided in subparagraph
(B), upon receiving a certification under paragraph
(1), a Federal or State court shall--
(i) substitute the United States for the
electronic communication service provider as
the defendant as to all claims designated by
the Attorney General in that certification; and
(ii) as to that electronic communication
service provider--
(I) dismiss all claims designated
by the Attorney General in that
certification; and
(II) enter a final judgment
relating to those claims.
(B) Continuation of certain claims.--If a
certification by the Attorney General under paragraph
(1) states that not all of the alleged assistance was
provided under a written request or directive described
in paragraph (1)(A)(ii), the electronic communication
service provider shall remain as a defendant.
(3) Procedures.--
(A) Tort claims.--Upon a substitution under
paragraph (2), for any tort claim--
(i) the claim shall be deemed to have been
filed under section 1346(b) of title 28, United
States Code, except that sections 2401(b),
2675, and 2680(a) of title 28, United States
Code, shall not apply; and
(ii) notwithstanding any other provision of
law, the claim shall be deemed timely filed
against the United States if it was timely
filed against the electronic communication
service provider.
(B) Constitutional and statutory claims.--Upon a
substitution under paragraph (2), for any claim under
the Constitution of the United States or any Federal
statute--
(i) the claim shall be deemed to have been
filed against the United States under section
1331 of title 28, United States Code;
(ii) with respect to any claim under a
Federal statute that does not provide a cause
of action against the United States, the
plaintiff shall be permitted to amend such
claim to substitute, as appropriate, a cause of
action under--
(I) section 704 of title 5, United
States Code (commonly known as the
Administrative Procedure Act);
(II) section 2712 of title 18,
United States Code; or
(III) section 110 of the Foreign
Intelligence Surveillance Act of 1978
(50 U.S.C. 1810);
(iii) notwithstanding any other provision
of law, the statutes of limitation applicable
to the causes of action identified in clause
(ii) shall not apply to any amended claim under
that clause, and any such cause of action shall
be deemed timely filed if any Federal statutory
cause of action against the electronic
communication service provider was timely
filed; and
(iv) notwithstanding any other provisions
of law, for any amended claim under clause (ii)
the United States shall be deemed a proper
defendant under any statutes described in that
clause, and any plaintiff that had standing to
proceed against the original defendant shall be
deemed an aggrieved party for purposes of
proceeding under section 2712 of title 18,
United States Code, or section 110 of the
Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1810).
(C) Discovery.--
(i) In general.--In a covered civil action
in which the United States is substituted as
party-defendant under paragraph (2), any
plaintiff may serve third-party discovery
requests to any electronic communications
service provider as to which all claims are
dismissed.
(ii) Binding the government.--If a
plaintiff in a covered civil action serves
deposition notices under rule 30(b)(6) of the
Federal Rules of Civil Procedure or requests
under rule 36 of the Federal Rules of Civil
Procedure for admission upon an electronic
communications service provider as to which all
claims were dismissed, the electronic
communications service provider shall be deemed
a party-defendant for purposes rule 30(b)(6) or
rule 36 and its answers and admissions shall be
deemed binding upon the Government.
(b) Certifications.--
(1) In general.--For purposes of substitution proceedings
under this section--
(A) a certification under subsection (a) may be
provided and reviewed in camera, ex parte, and under
seal; and
(B) for any certification provided and reviewed as
described in subparagraph (A), the court shall not
disclose or cause the disclosure of its contents.
(2) Nondelegation.--The authority and duties of the
Attorney General under this section shall be performed by the
Attorney General or a designee in a position not lower than the
Deputy Attorney General.
(c) Limitations.--This section, including any Federal statute cited
in this section that operates as a waiver of sovereign immunity,
constitute the sole waiver of sovereign immunity with respect to any
covered civil action.
(d) Civil Actions in State Court.--For purposes of section 1441 of
title 28, United States Code, any covered civil action that is brought
in a State court or administrative or regulatory bodies shall be deemed
to arise under the Constitution or laws of the United States and shall
be removable under that section.
(e) Rule of Construction.--Except as expressly provided in this
section, nothing in this section may be construed to limit any
immunity, privilege, or defense under any other provision of law,
including any privilege, immunity, or defense that would otherwise have
been available to the United States absent its substitution as party-
defendant or had the United States been the named defendant.
(f) Effective Date and Application.--This section shall apply to
any covered civil action pending on or filed after the date of
enactment of this Act. | Foreign Intelligence Surveillance Substitution Act of 2007 - Requires a federal or state court to substitute the United States for an electronic communication service provider with respect to any claim in a covered civil action if the Attorney General certifies to the court that either: (1) the service provider did not provide the alleged assistance; or (2) the assistance alleged to have been provided was in connection with an intelligence activity involving communications authorized by the President between September 11, 2001, and January 17, 2007, and designed to detect or prevent a terrorist attack, or activities in preparation for a terrorist attack, against the United States. Requires the alleged provider assistance to be described in a written request or directive from the Attorney General or the head of an element of the intelligence community to the electronic communication service provider indicating that the activity was authorized by the President and determined to be lawful.
Requires a federal or state court, upon receiving such a certification, to: (1) substitute the United States for the electronic communication service provider as the defendant as to all claims designated by the Attorney General in the certification; (2) dismiss all such designated claims against the provider; and (3) enter a final judgment relating to those claims.
Provides that the electronic communication service provider shall remain as a defendant if the Attorney General's certification states that not all of the alleged assistance was provided under a written request or directive.
Provides that, in a covered civil action in which the United States is substituted as a party-defendant, any plaintiff may serve third-party discovery requests to any electronic communications service provider as to which all claims are dismissed. | {"src": "billsum_train", "title": "A bill to provide for the substitution of the United States in certain civil actions."} | 1,990 | 350 | 0.605065 | 1.810068 | 0.723097 | 4.758621 | 5.884013 | 0.978056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Respect Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The dignity, freedom, and equality of all human beings
are fundamental to a thriving global community.
(2) The rights to life, liberty, and security of the
person, the right to privacy, and the right to freedom of
expression and association are fundamental rights.
(3) An alarming trend of violence directed at lesbian, gay,
bisexual, and transgender (in this section referred to as
``LGBT'') individuals around the world continues.
(4) More than one-third of all countries have laws
criminalizing consensual same-sex relations, and countries such
as Nigeria, the Russian Federation, Uganda, and Kyrgyzstan have
recently considered or passed legislation that would further
target LGBT individuals.
(5) Every year thousands of individuals around the world
are targeted for harassment, attack, arrest, and murder on the
basis of their sexual orientation or gender identity.
(6) Persons who commit crimes against LGBT individuals
often do so with impunity, and are not held accountable for
their crimes.
(7) Homophobic and transphobic statements by government
officials in many countries in every region of the world
promote negative public attitudes and can lead to violence
toward LGBT individuals.
(8) In many instances, police, prison, military, and
civilian government authorities have been directly complicit in
abuses aimed at LGBT individuals, including arbitrary arrest,
torture, and sexual abuse.
(9) Celebrations of LGBT individuals and communities, such
as film festivals, Pride events, and demonstrations are often
forced underground due to inaction on the part of, or
harassment by, local law enforcement and government officials,
in violation of freedoms of assembly and expression.
(10) Laws criminalizing consensual same-sex relations
severely hinder access to HIV/AIDS treatment, information, and
preventive measures for LGBT individuals and families.
(11) Many countries are making positive developments in the
protection of the basic human rights of LGBT individuals.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Homeland
Security and Governmental Affairs, and the Committee on
the Judiciary of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Homeland Security,
and the Committee on the Judiciary of the House of
Representatives.
(2) Foreign person.--The term ``foreign person'' has the
meaning given that term in section 595.304 of title 31, Code of
Federal Regulations (as in effect on the day before the date of
the enactment of this Act).
SEC. 4. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR GROSS
VIOLATIONS OF HUMAN RIGHTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the President
shall submit to the appropriate congressional committees a list of each
foreign person that the President determines, based on credible
information--
(1) is responsible for or complicit in torture, cruel,
inhuman, or degrading treatment or punishment, prolonged
detention without charges and trial, causing disappearance by
abduction and clandestine detention, or other flagrant denials
of the right to life, liberty, or security of the person based
on actual or perceived sexual orientation or gender identity;
(2) acted as an agent of or on behalf of a foreign person
in a matter relating to an activity described in paragraph (1);
or
(3) is responsible for or complicit in inciting a foreign
person to engage in an activity described in paragraph (1).
(b) Updates.--The President shall submit to the appropriate
congressional committees an update of the list required by subsection
(a) as new information becomes available.
(c) Guidance Relating to Submission of Certain Information.--The
Secretary of State shall issue public guidance, including through
United States diplomatic and consular posts, relating to how names of
foreign persons who may be included on the list required by subsection
(a) may be submitted to the Department of State.
(d) Form.--
(1) In general.--The list required by subsection (a) shall
be submitted in unclassified form.
(2) Exception.--The name of a foreign person to be included
in the list required by subsection (a) may be submitted in a
classified annex only if the President--
(A) determines that it is vital for the national
security interests of the United States to do so;
(B) uses the annex in a manner consistent with
congressional intent and the purposes of this Act; and
(C) not later than 15 days before submitting the
name in a classified annex, provides to the appropriate
congressional committees notice of, and a justification
for, including or continuing to include each foreign
person in the classified annex despite any publicly
available credible information indicating that the
foreign person engaged in an activity described in
subsection (a).
(3) Consideration of certain information.--In preparing the
list required by subsection (a), the President shall consider--
(A) information provided by the chairperson or
ranking member of each of the appropriate congressional
committees; and
(B) credible information obtained by other
countries and nongovernmental organizations that
monitor violations of human rights.
(4) Public availability.--The unclassified portion of the
list required by subsection (a) shall be made available to the
public and published in the Federal Register.
(e) Removal From List.--A foreign person may be removed from the
list required by subsection (a) if the President determines and reports
to the appropriate congressional committees not later than 15 days
before the removal of the foreign person from the list that--
(1) credible information exists that the foreign person did
not engage in the activity for which the foreign person was
added to the list;
(2) the foreign person has been prosecuted appropriately
for the activity in which the foreign person engaged; or
(3) the foreign person has credibly demonstrated a
significant change in behavior, has paid an appropriate
consequence for the activities in which the foreign person
engaged, and has credibly committed to not engage in an
activity described in subsection (a).
(f) Requests by Chairperson or Ranking Member of Appropriate
Congressional Committees.--
(1) In general.--Not later than 120 days after receiving a
written request from the chairperson or ranking member of one
of the appropriate congressional committees with respect to
whether a foreign person meets the criteria for being added to
the list required by subsection (a), the President shall submit
a response to that chairperson or ranking member, as the case
may be, with respect to the status of that foreign person.
(2) Form.--The President may submit a response required by
paragraph (1) in classified form if the President determines
that it is necessary for the national security interests of the
United States to do so.
(3) Removal.--
(A) In general.--If the President removes a foreign
person from the list required by subsection (a), the
President shall provide the chairpersons and ranking
members of the appropriate congressional committees
with any information that contributed to the decision
to remove the foreign person from the list.
(B) Form of information.--The President may submit
the information required by subparagraph (A) in
classified form if the President determines that it is
necessary to the national security interests of the
United States to do so.
(g) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.--The President shall publish the list required by
subsection (a) without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to
confidentiality of records pertaining to the issuance or refusal of
visas or permits to enter the United States.
SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.
(a) Ineligibility for Visas and Admission to the United States.--An
individual who is a foreign person on the list required by section 4(a)
is ineligible to receive a visa to enter the United States and
ineligible to be admitted to the United States.
(b) Current Visas Revoked and Removal From United States.--The
Secretary of State shall revoke, in accordance with section 221(i) of
the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or
other documentation of an individual who would be ineligible to receive
such a visa or documentation under subsection (a), and the Secretary of
Homeland Security shall remove from the United States such an
individual.
(c) Waiver for National Security Interests.--
(1) In general.--The Secretary of State and the Secretary
of Homeland Security, in consultation with the President, may
waive the application of subsection (a) or (b), as the case may
be, in the case of an individual if--
(A) the Secretaries determine that such a waiver--
(i) is necessary to permit the United
States to comply with the Agreement between the
United Nations and the United States of America
regarding the Headquarters of the United
Nations, signed June 26, 1947, and entered into
force November 21, 1947, or other applicable
international obligations of the United States;
or
(ii) is in the national security interests
of the United States; and
(B) before granting the waiver, the Secretaries
provide to the appropriate congressional committees
notice of, and a justification for, the waiver.
(2) Timing for notice of certain waivers.--In the case of a
waiver under subparagraph (A)(ii) of paragraph (1), the
Secretary of State and the Secretary of Homeland Security shall
submit the notice required by subparagraph (B) of such
paragraph not later than 15 days before granting the waiver.
(d) Regulatory Authority.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of State and the Secretary
of Homeland Security shall prescribe such regulations as are necessary
to carry out this section.
SEC. 6. REPORT TO CONGRESS.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the President, acting through the
Secretary of State, shall submit to the appropriate congressional
committees a report on--
(1) the actions taken to carry out this Act, including--
(A) the number of foreign persons added to or
removed from the list required by section 4(a) during
the year preceding the report, the dates on which those
persons were added or removed, and the reasons for
adding or removing those persons; and
(B) an analysis that compares increases or
decreases in the number of such persons year-over-year
and the reasons for those increases or decreases; and
(2) efforts by the executive branch to coordinate with the
governments of other countries to, as appropriate, impose
sanctions that are similar to the sanctions imposed under this
Act.
SEC. 7. DISCRIMINATION RELATED TO SEXUAL ORIENTATION OR GENDER
IDENTITY.
(a) Tracking Violence or Criminalization Related to Sexual
Orientation or Gender Identity.--The Assistant Secretary of State for
Democracy, Human Rights, and Labor shall designate a senior officer or
officers of the Bureau for Democracy, Human Rights, and Labor who shall
be responsible for tracking violence, criminalization, and restrictions
on the enjoyment of fundamental freedoms in foreign countries based on
actual or perceived sexual orientation or gender identity.
(b) Annual Country Reports on Human Rights Practices.--The Foreign
Assistance Act of 1961 is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (11)(C), by striking ``and'' at
the end;
(B) in paragraph (12)(C)(ii), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(13) wherever applicable, violence or discrimination that
affects the fundamental freedoms, including widespread or
systematic violation of the freedoms of expression,
association, or assembly, of individuals in foreign countries
that is based on actual or perceived sexual orientation or
gender identity.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the ninth sentence the following: ``Wherever applicable,
such report shall also include information regarding violence
or discrimination that affects the fundamental freedoms,
including widespread or systematic violation of the freedoms of
expression, association, or assembly, of individuals in foreign
countries that is based on actual or perceived sexual
orientation or gender identity.''. | Global Respect Act Act of 2017 This bill directs the President to submit to Congress, every 180 days, a list of each foreign person that the President determines is responsible for or complicit in, or who acted as an agent for a foreign person in a matter relating to, detention, torture, or other denials of the right to life, liberty, or security of a person based on actual or perceived sexual orientation or gender identity. The Department of State shall issue public guidance relating to how names of foreign persons may be included on such list. A foreign listed person: (1) may be removed from the list under specified conditions; (2) is ineligible to enter or be admitted to the United States, or (3) if in the United States, shall have his or her visa revoked and be removed. The State Department and the Department of Homeland Security may waive such prohibition if such waiver is in U.S. national security interests or is necessary for compliance with the Agreement between the United Nations (U.N.) and the United States regarding the U.N. Headquarters. Congressional notification is required prior to any such waiver. The Assistant Secretary for Democracy, Human Rights and Labor shall designate a senior officer or officers to track violence, criminalization, and restrictions on fundamental freedoms in foreign countries based on actual or perceived sexual orientation or gender identity. The Foreign Assistance Act of 1961 is amended to require the annual country reports on human rights practices to include information on sexual orientation or gender identity violence or restrictions. | {"src": "billsum_train", "title": "Global Respect Act of 2017"} | 2,828 | 321 | 0.50175 | 1.778288 | 0.66896 | 3.763699 | 8.979452 | 0.928082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Child Health Care Network
Act of 1994''.
SEC. 2. LIMITATION ON MANAGED CARE WAIVERS AFFECTING CHILDREN UNDER
MEDICAID.
(a) Requiring Medical Assistance for Children Furnished Through
Managed Care to be Furnished Through Integrated Networks.--Section 1915
of the Social Security Act (42 U.S.C. 1396n) is amended by adding at
the end the following new subsection:
``(i)(1) The Secretary may not grant a waiver under this section,
section 1115, or any provision of this Act that includes a waiver of
the requirements of section 1902(a)(23) to permit a State to restrict
the medical assistance furnished under the State plan to a child to
assistance furnished through a primary care case-management plan under
subsection (b)(1) or a capitated managed care plan unless such a plan--
``(A) furnishes such assistance to the individual through
an integrated child health network described in paragraph (2);
``(B) provides assurances that the capitated payments made
to providers for assistance furnished to children enrolled in
the plan are determined on the basis of children's health care
needs and utilization of services; and
``(C) submits reports (at such intervals as the Secretary
may require) to the Secretary and the State containing such
information as the Secretary and the State may require to
assure that the plan meets the requirements of subparagraphs
(A) and (B), and makes the reports available to the public.
``(2) In this subsection:
``(A) A `capitated managed care plan' means an entity
which--
``(i) has a contract with the State agency under
which such entity is paid a fixed amount for providing
or arranging for the provision of health care items or
services specified in such contract to an individual
eligible for medical assistance under the State plan
and enrolled with such entity, regardless of whether
such items or services are furnished to such
individual; and
``(ii) is liable for all or part of the cost of
furnishing any of such items or services, regardless of
whether such cost exceeds such fixed payment.
``(B) A `child' is an individual under 18 years of age.
``(C) An `integrated child health network' means a network
of providers with expertise in providing services to children
that meets the following requirements (together with any other
requirements that Secretary may impose):
``(i) The network includes (but is not limited
to)--
``(I) pediatricians and pediatric
specialists, family practice physicians, and
other pediatric health professionals;
``(II) community-based clinics that provide
services of providers described in subclause
(I); and
``(III) hospitals with pediatric units
which are a distinct part of the hospital (as
defined by the Secretary), hospitals whose
inpatients are predominantly children, and
specialty hospitals whose inpatients are
predominantly children (including
rehabilitation and long-term care hospitals).
``(ii) The network has an explicit mission of
meeting the health care needs of children.
``(iii) The network participates in graduate
medical education programs for primary and specialty
pediatric care services.
``(iv) The network provides for the coordination of
pediatric specialty and subspecialty care for children
with special health care needs, including (but not
limited to)--
``(I) children eligible for supplemental
security income under title XVI;
``(II) children described in section
501(a)(1)(D); and
``(III) children described in section
1902(e)(3).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to quarters beginning on or after the expiration of the 6-month
period that begins on the date of the enactment of this Act.
SEC. 3. GRANTS FOR ESTABLISHMENT OF INTEGRATED CHILD HEALTH NETWORKS
APPLYING SEPARATE CAPITATED PAYMENT RATE FOR CHILDREN.
(a) Availability of Grants.--
(1) In general.--The Secretary of Health and Human Services
shall make grants to eligible entities over a 3-year period for
the establishment, initial operation, and the continuing
operation of integrated child health networks using different
payment models, including grants to demonstrate the operation
of networks applying a separate capitated payment rate with
respect to children enrolled with the network. The previous
sentence shall apply to demonstrations of such networks
initiated by States.
(2) Integrated child health network defined.--In this
section, the term ``integrated child health network'' has the
meaning given such term in section 1915(i)(2)(C) of the Social
Security Act (as added by section 2(a)).
(b) Eligibility of Entities.--An entity is eligible to receive a
grant under subsection (a) if the entity submits to the Secretary (at
such time and in such form as the Secretary may require) an application
containing--
(1) assurances that the entity has established or is in the
process of establishing an integrated child health network;
(2) assurances that the entity will submit reports on the
activities of the entity that are funded through the grant; and
(3) such other information and assurances as the Secretary
may require.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for grants under subsection
(a).
(d) Report to Congress.--Not later than 3 years after the first
grant is awarded under subsection (a), the Secretary shall submit a
report to Congress on the grants made under subsection (a) and the
activities funded through such grants. | Integrated Child Health Care Network Act of 1994 - Amends title XIX (Medicaid) of the Social Security Act to prohibit the Secretary of Health and Human Services from granting a waiver under the Medicaid program to permit a State to require children enrolled in the program to receive medical assistance through managed care plans, unless such assistance is provided through an integrated child health care network.
Directs the Secretary to make grants to eligible entities over a three-year period for the establishment and operation of such networks using different payment models, including grants to demonstrate the operation of networks (including State-initiated networks) applying a separate capitated payment rate with respect to children enrolled with the network. | {"src": "billsum_train", "title": "Integrated Child Health Care Network Act of 1994"} | 1,280 | 150 | 0.627186 | 1.708267 | 0.636074 | 3.658915 | 9.031008 | 0.914729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hold Accountable and Lend
Transparency on Campus Sexual Violence Act'' or the ``HALT Campus
Sexual Violence Act''.
SEC. 2. DISCLOSURE OF ENFORCEMENT ACTIONS.
(a) Disclosure of Program Reviews and Open Investigations.--The
Department of Education Organization Act is amended--
(1) in section 203(b) (20 U.S.C. 3413(b)), by adding at the
end the following new paragraphs:
``(3) The Assistant Secretary for Civil Rights shall make publicly
available on the Department's website a list of institutions under
investigation, the sanctions (if any) or findings issued pursuant to
such investigations, and a copy of program reviews and resolution
agreements entered into with the Secretary or Attorney General under
title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
or title IV of the Civil Rights Act of 1964 (42 U.S.C. 2000c et seq.).
``(4) Not later than 30 days after the termination of the
resolution agreements described in paragraph (3), the Assistant
Secretary for Civil Rights shall transmit to the Secretary, the
President, and the Congress, and make publicly available on the
Department's website, the letter terminating the Department of
Education's monitoring of such agreements.''; and
(2) in section 205 (20 U.S.C. 3415), by adding at the end
the following new subsection:
``(c) The Assistant Secretary for Postsecondary Education shall
make publicly available on the Department's website a list of
institutions under investigation, the sanctions (if any) or findings
issued pursuant to such investigations, and a copy of program reviews
and resolution agreements entered into with the Secretary or Attorney
General under subsection 485(f) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)).''.
(b) Inspector General.--Not later than January 1, 2016, the
Inspector General of the Department of Education shall submit to
Congress and make publicly available a report reviewing compliance with
paragraphs (3) and (4) of section 203(b) of the Department of Education
Organization Act (20 U.S.C. 3413(b)) and section 205(c) of such Act (20
U.S.C. 3415), as added by subsection (a).
SEC. 3. AUTHORITY TO LEVY FINES.
Section 203(c) of the Department of Education Organization Act (20
U.S.C. 3413) is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) to impose a civil penalty to be paid by an
institution of higher education that has violated a law under
the jurisdiction of the Office for Civil Rights, the amount of
which shall be determined by the gravity of the violation, and
the imposition of which shall not preclude other remedies
available under Federal law.''.
SEC. 4. CLIMATE SURVEYS.
Paragraph (1) of section 485(f) of the Higher Education Act of 1965
(20 U.S.C. 1092(f)) is amended by adding at the end the following new
subparagraph:
``(K) Beginning October 1, 2017, statistics based upon a
sexual violence climate survey conducted not later than April
1, 2016, and every 2 years thereafter--
``(i) which is developed and approved by the
Secretary, in consultation with the Director of the
Centers for Disease Control of the Department of Health
and Human Services and the Attorney General, except
that the National Intimate Partner and Sexual Violence
Survey developed by the National Center for Injury
Prevention and Control of the Centers for Disease
Control and Prevention may be used for purposes of this
subparagraph until the sexual violence climate survey
has been developed; and
``(ii) which assesses the occurrence on campus or
in a noncampus building or property during the
preceding calendar year for which data is available
of--
``(I) instances of domestic violence,
dating violence, sexual assault, and stalking;
``(II) indicators of discrimination, and
positive and negative trends for intimate
relationships regardless of gender or sexual
orientation;
``(III) the effectiveness of campus
policies designed to improve relationships
between students regardless of gender or sexual
orientation;
``(IV) the effectiveness of current
processes for complaints on and investigations
into sex-based, race-based, national origin-
based, sexual-orientation based, gender-
identity based, and disability based
harassment, assault, discrimination, domestic
violence, dating violence, and stalking;
``(V) perpetration of domestic violence,
dating violence, sexual assault, and stalking;
and
``(VI) any other issues relating to sex-
based, race-based, national origin-based,
sexual-orientation based, gender-identity
based, and disability-based discrimination,
harassment, assault, domestic violence, dating
violence, and assault, as appropriate.''.
SEC. 5. CREATION OF A PRIVATE RIGHT OF ACTION.
Section 485(f)(14) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(14)) is amended to read as follows:
``(14)(A) Subject to subparagraph (C), an aggrieved individual may
allege a violation of this subsection in a judicial proceeding. A court
may award an aggrieved individual all appropriate relief, including
equitable relief, compensatory damages, cost of the action, and
remedial action.
``(B) This paragraph shall not be construed to preclude an
aggrieved individual from obtaining other remedies under any other
provision of law or to require such individual to exhaust any
administrative complaint process or notice-of-claim requirement before
seeking redress under this paragraph.
``(C) For actions brought pursuant to this paragraph, the statute
of limitations period shall be determined in accordance with section
1658(a) of title 28, United States Code. The tolling of any such
limitations period shall be determined in accordance with section 1979
of the Revised Statutes of the United States (42 U.S.C. 1983) in the
forum State.''.
SEC. 6. INCREASE OF CLERY ACT PENALTIES.
Section 485(f)(13) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)(13)) is amended--
(1) by striking ``in the same amount and''; and
(2) by inserting before the period at the end the
following: ``, expect that such section shall be applied by
substituting `$100,000' for `$25,000'''.
SEC. 7. NOTIFICATION OF POLICIES AIMED AT PREVENTION OF SEXUAL
VIOLENCE.
(a) In General.--Paragraph (8) of section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)) is amended by adding at the
end the following new subparagraphs:
``(D) The statement of policy described in subparagraph (A) shall
be--
``(i) written using simple and understandable language and
clear formatting; and
``(ii) made available and posted on the institution's
public website, and in conspicuous places, including places in
and around student housing, residence halls, student health
centers, student recreation centers, the main student center on
campus, and academic buildings where students congregate and
are likely to see it.
``(E) The statement of policy described in subparagraph (A) shall
be provided, on an annual basis, to each student group, student team,
or student organization which is part of such institution, is
recognized by the institution, or permitted by the institution to use
its name or facilities or is known by the institution to act as an
unaffiliated student group, student team, or student organization, and
each institution of higher education described in subparagraph (A)
shall ensure that each such group, team, or organization distributes a
copy of such policy to each of its members as well as each of its
applicants for membership, including plebes, pledges, or similar
applicants.
``(F) An institution's compliance with subparagraph (E) with
respect to an unaffiliated student group, student team, or student
organization shall not constitute evidence of the institution's
recognition or endorsement of such unaffiliated group, team, or
organization.''.
(b) Comptroller General Review.--Not later than August 1, 2017, the
Comptroller General shall report to the Committee on Education and the
Workforce of the House of Representatives and the Committee on Health,
Education, and Labor of the Senate on--
(1) the implementation of section 485(f)(8) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)(8)), as amended by
subsection (a), including--
(A) the extent to which institutions of higher
education have developed the statement of policy
required under subparagraph (A) of such section;
(B) how institutions of higher education are--
(i) distributing such statement of policy;
and
(ii) determining whether the policy is
received and understood by students; and
(C) the Secretary of Education's oversight of the
compliance of institutions of higher education with
respect to the statement of policy requirements under
such section, including efforts, in consultation with
the Attorney General, to provide technical assistance
to institutions of higher education in complying with
such requirements; and
(2) any changes in the numbers of dating violence, domestic
violence, sexual assault, or stalking incidents reported to
campus security authorities or local police agencies as
indicated by the annual security reports distributed under of
section 485(f)(1) of the Higher Education Act of 1965 (20
U.S.C. 1092(f)(1)).
SEC. 8. CAMPUS SEXUAL VIOLENCE TASK FORCE.
(a) Campus Sexual Violence Task Force.--Not later than 180 days
after the date of enactment of this Act, the Secretary of Education and
the Attorney General shall create a joint interagency task force to be
known as the ``Campus Sexual Violence Task Force'' that shall--
(1) provide pertinent information to the Secretary of
Education, Attorney General, Congress, and the public with
respect to campus sexual violence prevention, investigations,
and responses, including the creation of a consistent, public
complaint processes for violations of title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.) and section 485(f)
of the Higher Education Act of 1965 (20 U.S.C. 1092(f));
(2) provide recommendations to institutions of higher
education for establishing sexual assault prevention and
response teams;
(3) develop recommendations for institutions of higher
education on providing survivor resources, including
healthcare, rape kits, sexual assault nurse examiners, and
access to confidential advocacy and support services;
(4) develop recommendations for best practices for
responses and prevention with respect to sexual violence for
educational institutions, taking into consideration an
institution's size and resources;
(5) solicit input from survivors, advocates from national,
State, and local anti-sexual violence advocacy organizations,
institutions of higher education, and other public
stakeholders;
(6) assess the Department of Education's ability under
section 902 of the Education Amendments of 1972 (20 U.S.C.
1682) to levy intermediate fines for noncompliance with title
IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.)
and the advisability of additional remedies for such
noncompliance, in addition to the remedies already available
under Federal law; and
(7) create a plan described in subsection (c).
(b) Personnel Details.--
(1) Authority to detail.--Notwithstanding any other
provision of law, the head of an element of any Federal agency
is that is funded under the Violence Against Women Act of 1994
(42 U.S.C. 13925 et seq.) may detail an officer or employee of
such element to the Campus Sexual Violence Task Force or to the
Secretary of Education to assist the Task Force with the duties
described in subsection (a), as jointly agreed to by the head
of such element and the Task Force.
(2) Basis for detail.--A personnel detail made under
paragraph (1) may be made--
(A) for a period of not more than 3 years; and
(B) on a reimbursable or nonreimbursable basis.
(c) Additional Plan.--Not later than 270 days after the date of
enactment of this Act, the Campus Sexual Violence Task Force shall
submit to Congress a plan for recruiting, retaining, and training a
highly-qualified workforce employed by the Department of Education to
carry out investigation of complaints alleging a violation of title IX
of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) or section
485(f) of the Higher Education Act of 1965 (20 U.S.C. 1092(f)), and
enforcement of such title IX (20 U.S.C. 1681 et seq.) or such section
485(f) (20 U.S.C. 1092(f)), with respect to campus sexual violence.
Such plan shall include--
(1) an assessment of the capabilities of the current
workforce carrying out such investigation and enforcement;
(2) an examination of issues of recruiting, retention, and
the professional development of such workforce, including the
possibility of providing retention bonuses or other forms of
compensation for the purpose of ensuring the Department of
Education has the capacity, in both personnel and skills,
needed to properly perform its mission and provide adequate
oversight of educational institutions;
(3) an assessment of the benefits of outreach and training
with both law enforcement agencies and institutions of higher
education with respect to such workforce;
(4) developing best practices for interviewing and
investigating sexual violence, including guidance on
evidentiary standards for administrative responses;
(5) an examination of best practices for making
institutions of higher education aware of the most effective
campus sexual violence prevention, investigation, and response
practices and identifying areas where more research should be
conducted; and
(6) strategies for addressing such other matters as the
Secretary of Education considers necessary to campus sexual
violence prevention, investigation, and responses.
(d) Annual Report.--The Campus Sexual Violence Task Force shall
report to Congress on an annual basis, and make publicly available, a
report of its activities and any update of the plan required under
subsection (c), including the number of complaints received regarding
sexual violence (including violence on the basis of sexual orientation
and gender identity), the number of open investigations, the average
time to complete an investigation, the number of investigations
initiated based on complaints, and the number of investigations
initiated by the Department of Education.
(e) Authorization of Appropriations.--
(1) Title ix of the education amendments of 1972.--There
are authorized to be appropriated for training, hiring, and
retaining a workforce exclusively dedicated to investigation
and enforcement of title IX of the Education Amendments of 1972
(20 U.S.C. 1681 et seq.) provisions with respect to sexual
violence, for fiscal year 2016 and each of the 4 succeeding
fiscal years, an amount that is equal to the sum of the amounts
appropriated for such purpose for fiscal year 2015 plus
$5,000,000.
(2) Section 485(f) of the higher education act of 1965.--
There are authorized to be appropriated for training, hiring,
and retaining a workforce exclusively dedicated to
investigation and enforcement of section 485(f) of the Higher
Education Act of 1965 (20 U.S.C. 1092(f)), for fiscal year 2016
and each of the 4 succeeding fiscal years, an amount that is
equal to the sum of the amounts appropriated for such purpose
for fiscal year 2015 plus $5,000,000.
(f) Definitions.--In this section:
(1) The term ``educational institution'' includes an
institution of higher education, an elementary school, or a
secondary school.
(2) The terms ``elementary school'' and ``secondary
school'' have the meanings given the terms in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ``institution of higher education'' has the
meaning given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(4) The term ``sexual assault'' has the meaning of an
offense that meets the definition of rape, fondling, incest, or
statutory rape under--
(A) the Uniform Crime Report of the Federal Bureau
of Investigation; and
(B) the final regulations published by the
Department of Education in the Federal Register on
October 20, 2014 for Appendix A of subpart D of part
668, Code of Federal Regulations (79 Fed. Reg. 62752).
SEC. 9. CONFORMING AMENDMENTS.
Section 485(f) of the Higher Education Act of 1965 (20 U.S.C.
1092(f)) is amended--
(1) in paragraph (1)(F)(i)(II), by striking ``sex offenses,
forcible or nonforcible'' and inserting ``sexual assault''; and
(2) by amending paragraph (6)(A)(v) to read as follows:
``(v) The term `sexual assault' has the meaning of an
offense that meets the definition of rape, fondling, incest, or
statutory rape under--
``(I) the Uniform Crime Report of the Federal
Bureau of Investigation; and
``(II) the final regulations published by the
Department of Education in the Federal Register on
October 20, 2014, for Appendix A of subpart D of part
668, Code of Federal Regulations (79 Fed. Reg.
62752).''. | Hold Accountable and Lend Transparency on Campus Sexual Violence Act or the HALT Campus Sexual Violence Act This bill amends the Department of Education Organization Act to require the Department of Education (ED) to make publicly available on its website: a list of the institutions of higher education (IHEs) under investigation, sanctions or investigation findings, and a copy of program reviews and resolution agreements entered into with ED or the Department of Justice (DOJ), under title IX of the Education Amendments of 1972 (Title IX) or title IV of the Civil Rights Act of 1964; the letter terminating the ED's monitoring of such agreements; and a list of the IHEs under investigation, and a copy of the program reviews, sanctions or investigation findings, and resolution agreements entered into with ED or DOJ, under the provisions of the Higher Education Act of 1965 known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). ED may impose a civil penalty on an IHE that has violated a law under the jurisdiction of its Office for Civil Rights. The bill amends the Clery Act to direct ED to develop a biennial sexual violence climate survey and include statistics from such survey in the annual campus security report provided to current and prospective students and employees. An individual may allege a violation of the Clery Act in a judicial proceeding. The maximum penalty for substantially misrepresenting the number, location, or nature of the crimes required to be reported under the Clery Act is increased. The IHE's annual statement of its policy regarding domestic violence, dating violence, sexual assault, and stalking must: use simple and understandable language and clear formatting; be made available and posted on its public website and in conspicuous places in and around student housing and other campus buildings; be provided to each student group, team, or organization that has a specified connection to the IHE or is known by the IHE to act on an unaffiliated basis; and ensure that each of those groups distributes a copy of such policy to each of its members or applicants for membership. ED and DOJ are directed to create a joint interagency Campus Sexual Violence Task Force. | {"src": "billsum_train", "title": "HALT Campus Sexual Violence Act"} | 3,946 | 477 | 0.543397 | 1.982623 | 0.727874 | 3.208633 | 8.654676 | 0.88729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Startup Opportunity Accelerator Act
of 2014'' or the ``SOAR Act''.
SEC. 2. FUNDING FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 47 (15 U.S.C. 631 note) as
section 48; and
(2) by inserting after section 46 the following:
``SEC. 47. FUNDING FOR ORGANIZATIONS THAT SUPPORT STARTUP BUSINESSES.
``(a) Definitions.--In this section--
``(1) the term `eligible entity' means an organization--
``(A) that is located in the United States; and
``(B) the primary purpose of which is to support
new small business concerns;
``(2) the term `new small business concern' means a small
business concern that has been in operation for not more than 5
years; and
``(3) the term `State' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
``(b) Funding.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Administrator shall develop and
begin implementing a program to award cash prizes of not more
than $50,000 to eligible entities to support new small business
concerns.
``(2) Use of funds.--A prize under this section--
``(A) may be used for construction costs, space
acquisition, and programmatic purposes; and
``(B) may not be used to provide capital or
professional services to new small business concerns
directly or through the subaward of funds.
``(c) Requirement for Applicants.--An eligible entity desiring a
prize under this section shall demonstrate that the eligible entity
will use the prize to provide assistance to not less than 10 new small
business concerns per year.
``(d) Criteria.--The Administrator shall establish criteria for
prizes under this section that shall give priority to eligible entities
that are providing or plan to provide to new small business concerns--
``(1) office, manufacturing, or warehouse space, including
appropriate operations infrastructure;
``(2) access to capital (either directly from the eligible
entity (using amounts other than the amounts provided under the
prize) or through guidance and contacts for acquiring capital
from outside investors);
``(3) access to professional services (either directly from
the eligible entity (using amounts other than the amounts
provided under the prize) or through guidance and contacts for
acquiring professional services), including accounting and
legal services; or
``(4) a formal structured mentorship or developmental
program that assists new small business concerns with building
business skills and competencies.
``(e) Considerations in Choosing Recipients.--In determining
whether to award a prize under this section to an eligible entity, the
Administrator shall take into account--
``(1) for eligible entities that have in operation a
program to support new small business concerns, the record of
the eligible entity in assisting new small business concerns,
including, for each of the 3 full years before the date on
which the eligible entity applies for a prize under this
section--
``(A) the retention rate of new small business
concerns in the program of the eligible entity;
``(B) the average period of participation by new
small business concerns in the program of the eligible
entity;
``(C) the total, average, and median capital raised
by new small business concerns participating in the
program of the eligible entity; and
``(D) the total, average, and median number of
employees of new small business concerns participating
in the program of the eligible entity;
``(2) for all eligible entities--
``(A) the number of new small business concerns
assisted or anticipated to be assisted by the eligible
entity;
``(B) the number of new small business concerns
applying or anticipated to apply for assistance from
the eligible entity;
``(C) whether the program of the eligible entity
provides or would provide assistance to individuals in
gender, racial, or ethnic groups underrepresented by
existing programs to assist new small business
concerns; and
``(D) other metrics determined appropriate by the
Administrator;
``(3) the need in the geographic area to be served by the
program to be carried out using the prize for additional
assistance for new small business concerns, if the area has
sufficient population density, as determined by the
Administrator;
``(4) the level of experience of the entrepreneurial
leadership of the eligible entity; and
``(5) the ability of the eligible entity to use and
leverage local strengths, including human resources,
infrastructure, and educational institutions.
``(f) Matching Nonpublic Funding Requirement.--
``(1) In general.--An eligible entity receiving a prize
under this section shall obtain funds from a private individual
or entity (including a for profit or nonprofit entity) that
are--
``(A) for the same purposes as a prize may be made
under this section;
``(B) used to carry out the program of the eligible
entity carried out using the prize under this section;
and
``(C) in an amount that is not to be less than 50
percent of the amount of the prize under this section.
``(2) Form of non-federal share.--Not more than 25 percent
of the funds obtained under paragraph (1) may be in the form of
in-kind contributions.
``(g) Consequences of Failure To Abide by Terms and Conditions of
Prize or Requirements of This Section.--The Administrator shall notify
each eligible entity receiving a prize under this section that failure
to abide by the terms and conditions of the prize or the requirements
of this section may, in the discretion of the Administrator and in
addition to any other civil or criminal consequences, result in the
Administrator ordering the eligible entity to return the prize funds.
``(h) Annual Progress Reporting by Recipients of Prize.--Each
eligible entity receiving a prize under this section shall submit to
the Administrator an annual report on the progress of the program
carried out using the amounts received under the prize, including--
``(1) the number of new small business concerns
participating in the program during each of the previous 3
years;
``(2) the number of new small business concerns applying to
participate in the program during each of the previous 3 years;
``(3) the retention rate of new small business concerns in
the program;
``(4) the average period of participation in the program by
new small business concerns;
``(5) the total, average, and median capital raised by new
small business concerns participating in the program;
``(6) the total, average, and median number of employees of
new small business concerns participating in the program; and
``(7) other metrics determined appropriate by the
Administrator.
``(i) Report to Congress.--The Administrator shall submit to
Congress an annual report on the program under this section, which
shall include an assessment of the effectiveness of the program,
including an assessment based on the metrics listed in subsection (h).
``(j) Coordination With Other Small Business Administration
Programs.--The Administrator shall take appropriate action to encourage
eligible entities receiving a prize under this section to use and
incorporate other programs of the Administration, such as small
business development centers, small business investment companies,
loans under section 7(a), and assistance under title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 et seq.).
``(k) Listing on Website.--The Administrator shall include a list
of eligible entities receiving a prize under this section on the
website of the Administration.
``(l) Authorization of Appropriation.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of the first
5 fiscal years beginning after the date of the enactment of this
section.''. | Startup Opportunity Accelerator Act of 2014 or the SOAR Act - Amends the Small Business Act to require the Administrator of the Small Business Administration (SBA) to develop a program to award cash prizes of up to $50,000 to organizations in the United States whose primary purpose is to support new small businesses that have been in operation for five years or less. Authorizes the use of a prize for construction costs, space acquisition, and programmatic purposes. Prohibits its use for capital or professional services to new small businesses. Requires a prize recipient to provide assistance to at least 10 new small businesses per year. | {"src": "billsum_train", "title": "SOAR Act"} | 1,735 | 134 | 0.618333 | 1.73752 | 0.728348 | 2.798246 | 15.017544 | 0.885965 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``WMD Intelligence and Information
Sharing Act of 2012''.
SEC. 2. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION
SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the
following:
``SEC. 210G. WEAPONS OF MASS DESTRUCTION INTELLIGENCE AND INFORMATION
SHARING.
``(a) In General.--The Office of Intelligence and Analysis of the
Department of Homeland Security shall--
``(1) support homeland security-focused intelligence
analysis of terrorist actors, their claims, and their plans to
conduct attacks involving chemical, biological, radiological,
and nuclear materials against the Nation;
``(2) support homeland security-focused intelligence
analysis of global biological threats, including global
infectious disease, public health, food, agricultural, and
veterinary issues, through activities such as engagement of
international partners;
``(3) support homeland security-focused risk analysis and
risk assessments of the homeland security hazards described in
paragraphs (1) and (2) by providing relevant quantitative and
nonquantitative threat information;
``(4) leverage existing and emerging homeland security
intelligence capabilities and structures to enhance prevention,
protection, response, and recovery efforts with respect to a
chemical, biological, radiological, or nuclear attack;
``(5) share information and provide tailored analytical
support on these threats to State, local, and tribal
authorities as well as other national biosecurity and
biodefense stakeholders; and
``(6) perform other responsibilities, as assigned by the
Secretary.
``(b) Coordination.--Where appropriate, the Office of Intelligence
and Analysis shall coordinate with other relevant Department
components, others in the Intelligence Community, including the
National Counter Proliferation Center, and other Federal, State, local,
and tribal authorities, including officials from high-threat areas, and
enable such entities to provide recommendations on optimal information
sharing mechanisms, including expeditious sharing of classified
information, and on how they can provide information to the Department.
``(c) Report.--
``(1) In general.--Not later than one year after the date
of the enactment of this section and annually thereafter, the
Secretary shall report to the appropriate congressional
committees on--
``(A) the intelligence and information sharing
activities under subsection (a) and of all relevant
entities within the Department to counter the threat
from weapons of mass destruction; and
``(B) the Department's activities in accordance
with relevant intelligence strategies.
``(2) Assessment of implementation.--The report shall
include--
``(A) a description of methods established to
assess progress of the Office of Intelligence and
Analysis in implementing this section; and
``(B) such assessment.
``(d) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the Committee on Homeland Security of the House of
Representatives and any committee of the House of
Representatives or the Senate having legislative jurisdiction
under the rules of the House of Representatives or Senate,
respectively, over the matter concerned.
``(2) The term `Intelligence Community' has the meaning
given that term in section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)).
``(3) The term `national biosecurity and biodefense
stakeholders' means officials from the Federal, State, local,
and tribal authorities and individuals from the private sector
who are involved in efforts to prevent, protect against,
respond to, and recover from a biological attack or other
phenomena that may have serious health consequences for the
United States, including wide-scale fatalities or infectious
disease outbreaks.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 210G. Weapons of mass destruction intelligence and information
sharing.''.
SEC. 3. DISSEMINATION OF INFORMATION ANALYZED BY THE DEPARTMENT TO
STATE, LOCAL, TRIBAL, AND PRIVATE ENTITIES WITH
RESPONSIBILITIES RELATING TO HOMELAND SECURITY.
Section 201(d)(8) of the Homeland Security Act of 2002 (6 U.S.C.
121(d)(8)) is amended by striking ``and to agencies of State'' and all
that follows and inserting ``to State, local, tribal, and private
entities with such responsibilities, and, as appropriate, to the
public, in order to assist in preventing, deterring, or responding to
acts of terrorism against the United States.''.
Passed the House of Representatives May 30, 2012.
Attest:
KAREN L. HAAS,
Clerk. | WMD Intelligence and Information Sharing Act of 2012 - Amends the Homeland Security Act of 2002 to direct the Office of Intelligence and Analysis of the Department of Homeland Security (DHS) to: (1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the nation and of global biological threats, including global infectious disease, public health, food, agricultural, and veterinary issues, through activities such as engagement of international partners; (2) support homeland security-focused risk analysis and risk assessments of such homeland security hazards by providing relevant quantitative and nonquantitative threat information; (3) leverage homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; and (4) share information and provide tailored analytical support on these threats to state, local, and tribal authorities as well as other national biosecurity and biodefense stakeholders.
Requires the Office to coordinate with other DHS components, the Intelligence Community, and federal, state, local, and tribal authorities where appropriate and enable such entities to provide recommendations on optimal information sharing mechanisms and on how they can provide information to DHS.
Directs the Secretary of DHS to report annually on: (1) intelligence and information sharing activities to counter the threat from weapons of mass destruction, and (2) DHS's activities in accordance with relevant intelligence strategies.
Requires the Secretary to ensure that homeland security information analyzed by DHS concerning terrorist threats is provided to state, local, and private entities and the public. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to establish weapons of mass destruction intelligence and information sharing functions of the Office of Intelligence and Analysis of the Department of Homeland Security and to require dissemination of information analyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes."} | 1,084 | 341 | 0.789168 | 2.330742 | 0.997246 | 5.707547 | 3.09434 | 0.95283 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Responders Support Act of
2009''.
SEC. 2. EXPANDING DISABILITY BENEFITS.
(a) In General.--Section 1201 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796) is amended--
(1) in subsection (a), by striking ``$250,000'' and
inserting ``$350,000''; and
(2) in subsection (h), by striking ``the effective date of
this subsection'' and inserting ``the date of enactment of the
First Responders Support Act of 2009''.
(b) Expediting Benefits.--Section 1201 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796) is amended by adding at
the end the following:
``(n) Not later than 12 months after the date on which a claimant
submits all information required for a claim under this subpart, the
Bureau shall determine whether the claimant is eligible to receive a
benefit under this subpart.''.
(c) Regulations.--Not later than 9 months after the date of
enactment of this Act, the Attorney General shall promulgate
regulations to carry out the amendments made by this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General, in addition to any other amounts
otherwise authorized to be appropriated--
(1) $2,000,000 for each of fiscal years 2011 through 2015
to hire employees for the Bureau of Justice Assistance and
obtain the technology and equipment necessary to educate and
assist eligible agencies with the filing and application of
claims for the Public Safety Officer Benefits Programs and to
provide supplemental materials for continuing education of
claims information and procedure; and
(2) $800,000 for each of fiscal years 2011 through 2015 for
the education and assistance to public safety officers and
first responders in jurisdictions located in rural areas and
urban areas with a population of less than 25,000.
SEC. 3. EDUCATIONAL BENEFITS.
Section 1212(a) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796d-1(a)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2)(A) Except as provided in paragraph (3), and subject to
subparagraph (C) of this paragraph, financial assistance under this
subpart shall--
``(i) consist of direct payments to an eligible dependent;
and
``(ii) be paid at the monthly rate of not more than $1,500.
``(B) The Director shall promulgate regulations to establish the
amount of financial assistance under subparagraph (A) for an eligible
dependent, which shall be based on the portion of the normal full-time
academic workload for the course of study, as determined by the
eligible educational institution, that the eligible dependent is
pursuing.
``(C) On October 1 of each fiscal year beginning after the date of
enactment of the First Responders Support Act of 2009, the Director
shall adjust the level of the benefit payable during that fiscal year
under subparagraph (A)(ii), to reflect the annual percentage change in
the Consumer Price Index for All Urban Consumers, published by the
Bureau of Labor Statistics, occurring in the 1-year period ending on
June 1 immediately preceding such October 1.''; and
(2) in paragraph (3)(A), by striking ``to which the
eligible dependent would otherwise be entitled to receive'' and
inserting ``that the eligible dependent receives''.
SEC. 4. PRIORITIZATION OF CLAIMS.
Section 1205 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796c) is amended by adding at the end the following:
``(d)(1) The Bureau shall adopt and apply a system of
prioritization of claims for benefits under this part based on the
severity of the claim and the likelihood of approval of the claim.
``(2) For purposes of this subsection, a claim for a death benefit
or 100 percent disability shall be considered more severe and given
priority.''.
SEC. 5. EXPANDING COUNSELING AND MENTAL HEALTH SERVICES.
(a) Definitions.--In this section--
(1) the term ``Director'' means the Director of the Bureau
of Justice Assistance;
(2) the term ``eligible organization'' means an
organization that provides free or reduced cost mental health
services or counseling to public safety officers seriously
injured in the line of duty and the family members of public
safety officers killed or seriously injured in the line of
duty;
(3) the term ``public safety officer'' has the meaning
given that term in section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b); and
(4) the term ``reduced cost'', relating to mental health
services or counseling, means that the organization providing
the services or counseling charges not more than 50 percent of
the amount that the organization would otherwise charge for the
services or counseling.
(b) Authorization To Make Grants.--The Director may make grants to
eligible organizations to provide mental health services or counseling
to public safety officers seriously injured in the line of duty and the
family members of public safety officers killed or seriously injured in
the line of duty.
(c) Application.--An eligible organization desiring a grant under
this section shall submit an application at such time, in such manner,
and accompanied by such information as the Director may establish.
SEC. 6. OVERSIGHT OF THE PSOB PROGRAM.
The Director of the Bureau of Justice Assistance shall--
(1) not later than 12 months after the date of enactment of
this Act, structure, design, and implement a performance
measure for the Public Safety Officers Benefits program to
monitor the claims process and payment of benefits to officers
and beneficiaries; and
(2) report to Congress annually on the performance of the
program, and its activities, including technological updates,
the status of payments and claims, and the results of any
education and outreach activities performed in accordance to
this Act. | First Responders Support Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) increase death and disability benefits for public safety officers; (2) expand educational benefits for dependents of public safety officers killed or disabled in the line of duty; and (3) require the Bureau of Justice Assistance of the Department of Justice (DOJ) to adopt and apply a system for prioritizing claims for public safety officers' benefits based on the severity of a claim and the likelihood of its approval (grants automatic priority to a claim for death benefits or 100% disability).
Authorizes the Director of the Bureau of Justice Assistance to make grants to organizations for reduced cost mental health services or counseling to public safety officers seriously injured in the line of duty and their families.
Requires the Director to structure, design, and implement a performance measure for the Public Safety Officers Benefits program to monitor the claims process and payment of benefits to public safety officers and their beneficiaries and to report to Congress annually on the performance of the program and its activities. | {"src": "billsum_train", "title": "A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide adequate benefits for public safety officers injured or killed in the line of duty, and for other purposes."} | 1,359 | 222 | 0.513163 | 1.508058 | 0.67475 | 4.454106 | 6.019324 | 0.917874 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Disciplinary Fairness Act of
2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Too many juveniles are introduced to the formal
criminal justice system for minor behavioral infractions at
school.
(2) Common behavioral infractions at school often result in
suspension, expulsion, or incarceration of the juvenile
students involved.
(3) Zero-tolerance school discipline policies increase the
number of incarcerated juveniles.
(4) Research shows that juveniles who are incarcerated are
significantly less likely to complete secondary school,
experience less human capital development and diminished
earnings potential, and are more likely to recidivate and be
incarcerated as adults.
SEC. 3. SCHOOL DISCIPLINE POLICY.
The Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) is amended by inserting after title V the
following new title:
``TITLE VI--SCHOOL DISCIPLINE POLICY
``SEC. 601. ESTABLISHMENT OF OFFICE.
``(a) In General.--There is hereby established within the Office of
Juvenile Justice and Delinquency Prevention an Office of School and
Discipline Policy (referred to in this title as the `Office'), headed
by a Director appointed by the Administrator of the Office of Juvenile
Justice and Delinquency Prevention.
``(b) Purpose.--The purpose of the Office shall be to reduce the
number of juveniles who are incarcerated and develop a criminal record
based on activity that occurs while the juvenile is at school.
``SEC. 602. DUTIES.
``The Office shall--
``(1) collect and publish data, in collaboration with the
Office for Civil Rights of the Department of Education,
relating to the arrest and incarceration of juvenile students
for violations of school rules or policies;
``(2) work with States, units of local government, local
educational agencies, and non-governmental organizations in
order to expand the use of alternatives to detention and
incarceration programming in schools in order to reduce the
number of juvenile students who are arrested and incarcerated
for violating school rules or policies; and
``(3) collect and publish data, in collaboration with the
Office of Justice Programs, relating to the relationship
between the presence of a school resource officer at a school
and the rate of juvenile students who are arrested and
incarcerated for violations of school rules or policies.
``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM.
``(a) Grants Authorized.--The Director may make grants to States,
units of local government, and local educational agencies in order to
further the purpose described in section 601(b).
``(b) Application.--A State, unit of local government, or local
educational agency seeking a grant under this section shall submit an
application to the Director at such time, in such manner, and
containing such information as the Director may reasonably require.
``(c) Preference.--The Director shall give preference in awarding
grants to an applicant that demonstrates that it has, at the time of
submitting an application, begun to take steps to further the purpose
described in section 601(b).
``(d) Uses of Funds.--A State, unit of local government or local
educational agency that receives a grant under this section shall use
such funds for programs that reduce the rate of juvenile students who
are arrested and incarcerated for violations of school rules or
policies, and any other activity that the Director determines will
further the purpose described in section 601(b).
``SEC. 604. DEFINITIONS.
``In this title:
``(1) The term `school' means an elementary school or a
secondary school as such terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(2) The term `school resource officer' has the meaning
given such term in section 1709 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8).
``(3) The term `local educational agency' has the meaning
given such term in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(4) The term `juvenile student' means a juvenile who is
enrolled in school.
``SEC. 605. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated such sums as may be
necessary for fiscal years 2014 and 2015 to carry out this title.''.
SEC. 4. CONDITIONS FOR STATES TO RECEIVE ``COPS ON THE BEAT'' GRANTS.
Section 1702(c) of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (11), the following new
paragraph:
``(12) in the case of an applicant that is a State or unit
of local government, provide assurances that--
``(A) the administration of juvenile justice in the
applicant's jurisdiction is consistent with any
requirements of the United States Constitution and the
4th, 5th, and 14th amendments to the Constitution,
including assurances that--
``(i) before a juvenile is arrested, the
arresting law enforcement officer must have
probable cause specific to that juvenile; and
``(ii) juveniles who are arrested must
receive adequate procedural due process,
including--
``(I) adequate and timely notice to
the juvenile and the juvenile's
guardian regarding any court
proceedings related to the incident for
which the juvenile was arrested;
``(II) representation by an
attorney in any court proceeding as a
result of which the juvenile could face
incarceration;
``(III) protections against self-
incrimination; and
``(IV) an opportunity to cross-
examine any witness testifying against
the juvenile; and
``(B) any contract governing the terms of probation
for a juvenile shall not contain any clauses that--
``(i) the juvenile cannot understand; and
``(ii) in the case of a juvenile student
(as such term is defined in section 604 of the
Juvenile Justice and Delinquency Prevention Act
of 1974), could result in incarceration for
violations of school rules or policies.''.
SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS
RELATING TO JUVENILE JUSTICE.
Section 210401 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14141) is amended by adding at the end the
following:
``(c) Access to Certain Records Relating to Juvenile Justice.--The
Attorney General may issue subpoenas requiring the production of any
documents relating to any matter which the Attorney General is
authorized to investigate under subsection (a).''.
SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM.
(a) Program Authorized.--From the amounts appropriated to carry out
this section, the Secretary of Education (acting through the Office of
Civil Rights of the Department of Education) shall make grants to
eligible entities to fund training for school personnel in elementary
schools and secondary schools on de-escalation techniques to teach the
personnel procedures and tactics to mitigate delinquent student
behavior which may avoid a referral to law enforcement officials.
(b) Application.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary of
Education at such time, in such manner, and containing such information
as the Secretary may require, including information that demonstrates
that the eligible entity--
(1) is fully compliant with all applicable Federal school
discipline data reporting requirements, including, if
applicable, the reporting requirements of section 618 of the
Individuals with Disabilities Education Act of 1965 (20 U.S.C.
1418(a)); and
(2) has provided complete information to all applicable
data surveys of Department of Education, including the Office
for Civil Rights.
(c) Limitation.--An elementary school or secondary school may only
receive assistance under this section during a grant period from 1
eligible entity receiving a grant under this section during the grant
period.
(d) Definitions.--For purposes of this section:
(1) Eligible entity.--The term ``eligible entity'' means a
State, unit of general local government, or juvenile justice
agency.
(2) General esea terms.--The terms ``elementary schools'',
``secondary schools'', and ``State'' have the meanings given
the terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(3) School personnel.--The term ``school personnel'' has
the meaning given the term in section 4151 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7161).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for fiscal years 2014 and
2015 to carry out this section. | Student Disciplinary Fairness Act of 2013 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish an Office of School and Discipline Policy for the purpose of reducing the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. Directs the Office to: (1) collect and publish data relating to the arrest and incarceration of juveniles for violations of school policies or rules; (2) work with states, local governments, and nongovernmental organizations to expand the use of alternatives to detention and incarceration programming in schools; and (3) collect and publish data on the relationship between the presence of a school resource officer at a school and the rate of juveniles who are arrested and incarcerated for violations of school rules or policies. Authorizes the Director of the Office of School and Discipline Policy to make grants to states, local governments, and local educational agencies to reduce the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require state or local government applicants for community policing grants to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees of due process and equal protection. Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize the Attorney General to issue subpoenas to access documents relating to actions by governmental and law enforcement officials responsible for the administration of juvenile justice or the incarceration of juveniles. Directs the Secretary of Education to make grants to states, local governments, or juvenile justice agencies to fund training for school personnel in elementary and secondary schools to mitigate delinquent student behavior which may avoid a referral to law enforcement officials. | {"src": "billsum_train", "title": "Student Disciplinary Fairness Act of 2013"} | 2,114 | 407 | 0.686767 | 1.996778 | 0.868034 | 5.543027 | 5.534125 | 0.919881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make College Affordable Act of
2005''.
SEC. 2. EXPANSION OF DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Amount of Deduction.--Subsection (b) of section 222 of the
Internal Revenue Code of 1986 (relating to deduction for qualified
tuition and related expenses) is amended to read as follows:
``(b) Limitations.--
``(1) Dollar limitations.--
``(A) In general.--Except as provided in paragraph
(2), the amount allowed as a deduction under subsection
(a) with respect to the taxpayer for any taxable year
shall not exceed the applicable dollar limit.
``(B) Applicable dollar limit.--The applicable
dollar limit for any taxable year shall be determined
as follows:
Applicable
``Taxable year: dollar amount:
2005.......................................... $8,000
2006 and thereafter........................... $12,000.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) shall be reduced (but not below zero) by the amount
determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $65,000 ($130,000 in the
case of a joint return), bears to
``(ii) $15,000 ($30,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year determined--
``(i) without regard to this section and
sections 199, 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 137, 219, 221, and 469.
For purposes of the sections referred to in clause
(ii), adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(D) Inflation adjustments.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
2005, both of the dollar amounts in
subparagraph (B)(i)(II) shall be increased by
an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, by
substituting `calendar year 2004' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $50, such
amount shall be rounded to the nearest multiple
of $50.''.
(b) Qualified Tuition and Related Expenses of Eligible Students.--
(1) In general.--Section 222(a) of the Internal Revenue
Code of 1986 (relating to allowance of deduction) is amended by
inserting ``of eligible students'' after ``expenses''.
(2) Definition of eligible student.--Section 222(d) of such
Code (relating to definitions and special rules) is amended by
redesignating paragraphs (2) through (6) as paragraphs (3)
through (7), respectively, and by inserting after paragraph (1)
the following new paragraph:
``(2) Eligible student.--The term `eligible student' has
the meaning given such term by section 25A(b)(3).''.
(c) Deduction Made Permanent.--Title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions
of such Act) shall not apply to the amendments made by section 431 of
such Act.
(d) Effective Date.--The amendments made by this section shall
apply to payments made in taxable years beginning after December 31,
2004.
SEC. 3. CREDIT FOR INTEREST ON HIGHER EDUCATION LOANS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. INTEREST ON HIGHER EDUCATION LOANS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the interest paid by the
taxpayer during the taxable year on any qualified education loan.
``(b) Maximum Credit.--
``(1) In general.--Except as provided in paragraph (2), the
credit allowed by subsection (a) for the taxable year shall not
exceed $1,500.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--If the modified adjusted gross
income of the taxpayer for the taxable year exceeds
$50,000 ($100,000 in the case of a joint return), the
amount which would (but for this paragraph) be
allowable as a credit under this section shall be
reduced (but not below zero) by the amount which bears
the same ratio to the amount which would be so
allowable as such excess bears to $20,000 ($40,000 in
the case of a joint return).
``(B) Modified adjusted gross income.--The term
`modified adjusted gross income' means adjusted gross
income determined without regard to sections 199, 222,
911, 931, and 933.
``(C) Inflation adjustment.--In the case of any
taxable year beginning after 2005, the $50,000 and
$100,000 amounts referred to in subparagraph (A) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section (1)(f)(3) for the
calendar year in which the taxable year begins,
by substituting `2004' for `1992'.
``(D) Rounding.--If any amount as adjusted under
subparagraph (C) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50.
``(c) Dependents not Eligible for Credit.--No credit shall be
allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
``(d) Limit on Period Credit Allowed.--A credit shall be allowed
under this section only with respect to interest paid on any qualified
education loan during the first 60 months (whether or not consecutive)
in which interest payments are required. For purposes of this
paragraph, any loan and all refinancings of such loan shall be treated
as 1 loan.
``(e) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' has the meaning given such term by section
221(d)(1).
``(2) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(f) Special Rules.--
``(1) Denial of double benefit.--No credit shall be allowed
under this section for any amount taken into account for any
deduction under any other provision of this chapter.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(3) Marital status.--Marital status shall be determined
in accordance with section 7703.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25B the
following new item:
``Sec. 25C. Interest on higher education loans.''.
(c) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 25C(e)(1)
of the Internal Revenue Code of 1986, as added by this section)
incurred on, before, or after the date of the enactment of this Act,
but only with respect to any loan interest payment due after December
31, 2004. | Make College Affordable Act of 2005 - Amends the Internal Revenue Code to: (1) increase the amount of the tax deduction for higher education tuition and related expenses; and (2) allow a tax credit for up to $1,500 of the interest paid annually on certain student loans for higher education expenses. Reduces the allowable amount of both the tax deduction and the tax credit based upon taxpayer adjusted gross income levels. Provides for an inflation adjustment for calendar years after 2005 to such adjusted gross income levels.
Makes the tax deduction for higher education tuition and related expenses permanent. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to make higher education more affordable, and for other purposes."} | 2,010 | 117 | 0.520751 | 1.246867 | 0.610687 | 2.225225 | 16.027027 | 0.873874 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Campaign Financing Act of
2005''.
SEC. 2. PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS.
The Federal Election Campaign Act of 1971 is amended by adding at
the end the following new title:
``TITLE V--PUBLIC FUNDING FOR HOUSE OF REPRESENTATIVES ELECTIONS
``SEC. 501. QUALIFICATIONS FOR PUBLIC FUNDING.
``A House of Representatives candidate qualifies for public funding
if, as determined by the Commission--
``(1) at least 6 weeks before the general election, the
candidate obtains the signatures of 3 percent of the registered
voters in the congressional district involved; or
``(2) the candidate is the candidate of a political party,
the candidate of which, in the preceding general election,
received more than 25 percent of the vote.
``SEC. 502. LIMITATIONS ON CONTRIBUTIONS TO QUALIFYING HOUSE OF
REPRESENTATIVES CANDIDATES.
``(a) Individual Contributions Requirement.--A qualifying House of
Representatives candidate may not accept contributions other than
contributions from individuals that total not more than $100 per
individual per election cycle.
``(b) In-State Contribution Requirement.--With respect to each
reporting period for an election, at least 80 percent of the total sum
of contributions accepted by a qualifying House of Representatives
candidate shall be from the State in which the congressional district
involved is located.
``SEC. 503. USE OF PUBLIC FUNDING.
``(a) In General.--A qualifying House of Representatives candidate
may use public funds only for--
``(1) buying time on radio, cable, or television broadcast
stations;
``(2) buying rental space on billboards or other outdoor
signs;
``(3) buying advertising space in magazines, newspapers,
periodicals, and other advertising media, including theaters,
the Internet, and the worldwide web;
``(4) payment of the cost of producing advertisements for
media referred to in paragraphs (1), (2), and (3);
``(5) procurement of computerized campaign software, voter
lists, and other voter contact tools;
``(6) payment of the cost of printing and mailing campaign
literature;
``(7) payment of the cost of telephone expenses;
``(8) payment of legal and accounting costs associated with
campaigning;
``(9) payment of campaign employees' salaries;
``(10) payment of the cost of campaign office equipment and
supplies; and
``(11) payment of incidental expenses of the candidate,
such as travel and food.
``(b) Specific Exclusion.--A qualifying House of Representatives
candidate may not use public funds under this title to pay the
candidate a salary or personal mortgages.
``(c) Calculation of Public Disbursement.--
``(1) In general.--A qualifying House of Representatives
candidate shall receive public funds closely approximating the
cost of procuring 2\1/2\ hours of television commercial time on
local television stations in the district's media markets.
``(2) Criteria for determining amount.--An exact amount of
the funds provided to a candidate under this section shall be
determined by the Commission, using--
``(A) the average cost of a media point per media
market, as defined by Arbitron Area of Dominant
Influence, for the 4th quarter of the preceding
calendar year; and
``(B) a multiplier of 5,000 media points.
``(3) Use of funds.--The funds provided under this section
may be used for any purpose specified in subsection (a).
``(d) Disbursements.--The Commission shall make disbursements of
public funds under this title upon submission of evidence that an
eligible expense has been incurred. No disbursement may be made with
respect to an expense incurred more than 4 months before the election
involved.
``SEC. 504. MAXIMUM AMOUNT OF PUBLIC FUNDING.
``(a) In General.--The maximum amount of public funding that a
qualifying House of Representatives candidate may receive is $750,000.
``(b) Indexing.--The amount under subsection (a) shall be increased
as of the beginning of each even-numbered calendar year, based on the
increase in the price index determined under section 315(c), except
that the base period shall be calendar year 2003.
``SEC. 505. TELEVISION DEBATE REQUIREMENT.
``A qualifying House of Representatives candidate shall be required
to participate in at least 2 televised debates, organized by a
bipartisan or nonpartisan group, in the congressional district media
market.
``SEC. 506. REQUIREMENT FOR ACCEPTANCE OF ADVERTISING BY RADIO AND
TELEVISION STATIONS.
``(a) In General.--Each radio station and each television station
shall be--
``(1) required to accept orders for advertisements to be
paid for under this title until such advertising constitutes 40
percent of the station's total advertising time; and
``(2) subject to random periodic examination of advertising
charges paid under this title to ensure that such charges are
correct.
``(b) Condition of License.--The continuation of an existing
license, the renewal of an expiring license, and the issuance of a new
license under section 307 of the Communications Act of 1934 (47 U.S.C.
307) shall be conditioned on the agreement by the licensee to abide by
the provisions of subsection (a)(1).
``SEC. 507. DEFINITIONS.
``As used in this title--
``(1) the term `House of Representatives candidate' means a
candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress;
``(2) the term `qualifying House of Representatives
candidate' means a House of Representatives candidate who
qualifies for public funding under this title; and
``(3) the term `congressional district media market' means,
with respect to a congressional district, the media market of
that district, as determined from the licensing records of the
Federal Communications Commission.''.
SEC. 3. REPORTING REQUIREMENTS.
(a) Reports by State Committees.--Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at
the end the following new subsection:
``(i) Filing of State Reports.--In lieu of any report required to
be filed by this Act, the Commission may allow a State committee of a
political party to file with the Commission a report required to be
filed under State law if the Commission determines such reports contain
substantially the same information.''.
(b) Other Reporting Requirements.--
(1) Authorized committees.--Section 304(b)(4) of such Act
(2 U.S.C. 434(b)(4)) is amended--
(A) by striking ``and'' at the end of subparagraph
(H);
(B) by inserting ``and'' at the end of subparagraph
(I); and
(C) by adding at the end the following new
subparagraph:
``(J) in the case of an authorized committee,
disbursements for the primary election, the general
election, and any other election in which the candidate
participates;''.
(2) Names and addresses.--Section 304(b)(5)(A) of such Act
(2 U.S.C. 434(b)(5)(A)) is amended--
(A) by striking ``within the calendar year''; and
(B) by inserting ``, and the election to which the
operating expenditure relates'' after ``operating
expenditure''.
SEC. 4. REPORTING OF ELECTION ACTIVITY OF PERSONS OTHER THAN POLITICAL
PARTIES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 3(a), is amended by adding at the end the
following new subsection:
``(j) Election Activity of Persons Other Than Political Parties.--
``(1) Requirement described.--(A) If any person to which
section 323 does not apply makes (or obligates to make)
disbursements for Federal election activities (as defined in
section 301(20)) in excess of $2,000, such person shall file a
statement--
``(i) on or before the date that is 48 hours before
the disbursements (or obligations) are made; or
``(ii) in the case of disbursements (or
obligations) that are required to be made within 14
days of the election, on or before such 14th day.
``(B) An additional statement shall be filed each time
additional disbursements aggregating $2,000 are made (or
obligated to be made) by a person described in subparagraph
(A).
``(2) Contents of statement.--Any statement under this
section shall be filed with the Secretary of the Senate or the
Clerk of the House of Representatives, and the Secretary of
State (or equivalent official) of the State involved, as
appropriate, and shall contain such information as the
Commission shall prescribe, including whether the disbursement
is in support of, or in opposition to, 1 or more candidates or
any political party. The Secretary of the Senate or Clerk of
the House of Representatives shall, as soon as possible (but
not later than 24 hours after receipt), transmit a statement to
the Commission. Not later than 48 hours after receipt, the
Commission shall transmit the statement to--
``(A) the candidates or political parties involved;
or
``(B) if the disbursement is not in support of, or
in opposition to, a candidate or political party, the
State committees of each political party in the State
involved.
``(3) Determinations by commission.--The Commission may
make its own determination that disbursements described in
paragraph (1) have been made or are obligated to be made. The
Commission shall notify the candidates or political parties
described in paragraph (2) not later than 24 hours after its
determination.
``(4) Exceptions.--This subsection shall not apply to--
``(A) a candidate or a candidate's authorized
committees; or
``(B) an independent expenditure (as defined in
section 301(17)).''.
SEC. 5. CONTRIBUTIONS THROUGH INTERMEDIARIES AND CONDUITS.
Section 315(a)(8) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(8)) is amended to read as follows:
``(8) For the purposes of this subsection:
``(A) Contributions made by a person, either directly or
indirectly, to or on behalf of a particular candidate,
including contributions that are in any way earmarked or
otherwise directed through an intermediary or conduit to a
candidate, shall be treated as contributions from the person to
the candidate. If a contribution is made to a candidate through
an intermediary or conduit, the intermediary or conduit shall
report the original source and the intended recipient of the
contribution to the Commission and the intended recipient.
``(B) Contributions made directly or indirectly by a person
to or on behalf of a particular candidate through an
intermediary or conduit, including contributions arranged to be
made by an intermediary or conduit, shall be treated as
contributions from the intermediary or conduit to the candidate
if--
``(i) the contributions made through the
intermediary or conduit are in the form of a check or
other negotiable instrument made payable to the
intermediary or conduit rather than the intended
recipient; or
``(ii) the intermediary or conduit is--
``(I) a political committee, a political
party, or an officer, employee, or agent of
either;
``(II) a person whose activities are
required to be reported under section 4 of the
Lobbying Disclosure Act of 1995 (2 U.S.C.
1603), the Foreign Agents Registration Act of
1938 (22 U.S.C. 611 et seq.), or any successor
Federal law requiring a person who is a
lobbyist or foreign agent to report the
activities of such person;
``(III) a person who is prohibited from
making contributions under section 316 or a
partnership; or
``(IV) an officer, employee, or agent of a
person described in subclause (II) or (III)
acting on behalf of such person.
``(C) The term `contributions arranged to be made'
includes--
``(i) contributions delivered directly or
indirectly to a particular candidate or the candidate's
authorized committee or agent by the person who
facilitated the contribution; and
``(ii) contributions made directly or indirectly to
a particular candidate or the candidate's authorized
committee or agent that are provided at a fundraising
event sponsored by an intermediary or conduit described
in subparagraph (B).
``(D) This paragraph shall not prohibit--
``(i) fundraising efforts for the benefit of a
candidate that are conducted by another candidate or
Federal officeholder; or
``(ii) the solicitation by an individual using the
individual's resources and acting in the individual's
own name of contributions from other persons in a
manner not described in paragraphs (B) and (C).''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring after December 31, 2006. | Public Campaign Financing Act of 2005 - Amends the Federal Election Campaign Act of 1971 (FECA) to add a new title V (Public Funding for House of Representatives Elections) outlining: (1) qualifications for public financing; (2) limitations on contributions to qualifying House candidates prohibiting such a candidate from accepting contributions other than contributions from individuals that total not more than $100 per individual per election cycle, with an 80 percent in-state contribution requirement; (3) rules restricting public funding to specified purposes, such as buying broadcast time; (4) limitations on the maximum amount of public funding, which is set at $750,000 for qualifying House candidates; (5) various specified requirements pertaining to television debates and radio and television advertising; (6) authorization for the filing of certain state reports in lieu of any required FECA report; (7) provisions regarding reporting of election activity of persons other than political parties; and (8) rules for contributions through intermediaries and conduits. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to provide for public funding for House of Representatives elections, and for other purposes."} | 3,051 | 200 | 0.607798 | 1.459342 | 0.906154 | 3.515789 | 14.357895 | 0.915789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pathway to Job Creation through a
Simpler, Fairer Tax Code Act of 2012''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that the following problems exist
with the Internal Revenue Code of 1986 (in this section referred to as
the ``tax code''):
(1) The tax code is unfair, containing hundreds of
provisions that only benefit certain special interests,
resulting in a system of winners and losers.
(2) The tax code violates the fundamental principle of
equal justice by subjecting families in similar circumstances
to significantly different tax bills.
(3)(A) Many tax preferences, sometimes referred to as ``tax
expenditures,'' are similar to government spending--instead of
markets directing economic resources to their most efficient
uses, the Government directs resources to other uses, creating
a drag on economic growth and job creation.
(B) The exclusions, deductions, credits, and special rules
that make up such tax expenditures amount to over $1 trillion
per year, nearly matching the total amount of annual revenue
that is generated from the income tax itself.
(C) In some cases, tax subsidies can literally take the
form of spending through the tax code, redistributing taxes
paid by some Americans to individuals and businesses who do not
pay any income taxes at all.
(4) The failure to adopt a permanent tax code with stable
statutory tax policy has created greater economic uncertainty.
Tax rates have been scheduled to increase sharply in 3 of the
last 5 years, requiring the enactment of repeated temporary
extensions. Additionally, approximately 70 other, more targeted
tax provisions expired in 2011 or are currently scheduled to
expire by the end of 2012.
(5) Since 2001, there have been nearly 4,500 changes made
to the tax code, averaging more than one each day over the past
decade.
(6) The tax code's complexity leads nearly nine out of ten
families either to hire tax preparers (60 percent) or purchase
software (29 percent) to file their taxes, while 71 percent of
unincorporated businesses are forced to pay someone else to
prepare their taxes.
(7) The cost of complying with the tax code is too
burdensome, forcing individuals, families, and employers to
spend over six billion hours and over $160 billion per year
trying to comply with the law and pay the actual tax owed.
(8) Compliance with the current tax code is a financial
hardship for employers that falls disproportionately on small
businesses, which spend an average of $74 per hour on tax-
related compliance, making it the most expensive paperwork
burden they encounter.
(9) Small businesses have been responsible for two-thirds
of the jobs created in the United States over the past 15
years, and approximately half of small-business profits are
taxed at the current top 2 individual rates.
(10) The historic range for tax revenues collected by the
Federal government has averaged 18 to 19 percent of Gross
Domestic Product (GDP), but will rise to 21.2 percent of GDP
under current law--a level never reached, let alone sustained,
in the Nation's history.
(11) The current tax code is highly punitive, with a top
Federal individual income tax rate of 35 percent (which is set
to climb to over 40 percent in 2013 when taking into account
certain hidden rates), meaning some Americans could face a
combined local, State and Federal tax rate of 50 percent.
(12) The tax code contains harmful provisions, such as the
Alternative Minimum Tax (AMT), which was initially designed to
affect only the very highest-income taxpayers but now threatens
more than 30 million middle-class households because of a
flawed design.
(13) As of April 1, 2012, the United States achieved the
dubious distinction of having the highest corporate tax rate
(39.2 percent for Federal and State combined) in the developed
world.
(14) The United States corporate tax rate is more than 50
percent higher than the average rate of member states of the
Organization for Economic Cooperation and Development (OECD)--a
factor that discourages employers and investors from locating
jobs and investments in the United States.
(15) The United States has become an outlier in that it
still uses a ``worldwide'' system of taxation--one that has not
been substantially reformed in 50 years, when the United States
accounted for nearly half of global economic output and had no
serious competitors around the world.
(16) The combination of the highest corporate tax rate with
an antiquated ``worldwide'' system subjects American companies
to double taxation when they attempt to compete with foreign
companies in overseas markets and then reinvest their earnings
in the United States.
(17) The Nation's outdated tax code has contributed to the
fact that the world's largest companies are more likely to be
headquartered overseas today than at any point in the last 50
years: In 1960, 17 of the world's 20 largest companies were
based in the United States; by 2010, that number sank to a mere
six out of 20.
(18) The United States has one of the highest levels of
taxation on capital--taxing it once at the corporate level and
then again at the individual level--with integrated tax rates
on certain investment income already reaching roughly 50
percent (and scheduled to reach nearly 70 percent in 2013).
(19) The United States' overall taxation of capital is
higher than all but four of the 38 countries that make up the
OECD and the BRIC (Brazil, Russia, India and China).
(b) Purposes.--It is the purpose of this Act to provide for
enactment of comprehensive tax reform in 2013 that--
(1) protects taxpayers by creating a fairer, simpler,
flatter tax code for individuals and families by--
(A) lowering marginal tax rates and broadening the
tax base;
(B) eliminating special interest loopholes;
(C) reducing complexity in the tax code, making tax
compliance easier and less costly;
(D) repealing the Alternative Minimum Tax;
(E) maintaining modern levels of progressivity so
as to not overburden any one group or further erode the
tax base;
(F) making it easier for Americans to save; and
(G) reducing the tax burdens imposed on married
couples and families;
(2) is comprehensive (addressing both individual and
corporate rates), so as to have the maximum economic impact by
benefitting employers and their employees regardless of how a
business is structured;
(3) results in tax revenue consistent with historical
norms;
(4) spurs greater investment, innovation and job creation,
and therefore increases economic activity and the size of the
economy on a dynamic basis as compared to the current tax code;
and
(5) makes American workers and businesses more competitive
by--
(A) creating a stable, predictable tax code under
which families and employers are best able to plan for
the future;
(B) keeping taxes on small businesses low;
(C) reducing America's corporate tax rate, which is
currently the highest in the industrialized world;
(D) maintaining a level of parity between
individual and corporate rates to reduce economic
distortions;
(E) promoting innovation in the United States;
(F) transitioning to a globally competitive
territorial tax system;
(G) minimizing the double taxation of investment
and capital; and
(H) reducing the impact of taxes on business
decision-making to allow such decisions to be driven by
their economic potential.
SEC. 3. EXPEDITED CONSIDERATION OF A MEASURE PROVIDING FOR
COMPREHENSIVE TAX REFORM.
(a) Definition.--For purposes of this section, the term ``tax
reform bill'' means a bill of the 113th Congress--
(1) introduced in the House of Representatives by the chair
of the Committee on Ways and Means not later than April 30,
2013, or the first legislative day thereafter if the House is
not in session on that day, the title of which is as follows:
``A bill to provide for comprehensive tax reform.''; and
(2) which is the subject of a certification under
subsection (b).
(b) Certification.--The chair of the Joint Committee on Taxation
shall notify the House and Senate in writing whenever the chair of the
Joint Committee determines that an introduced bill described in
subsection (a)(1) contains at least each of the following proposals:
(1) a consolidation of the current 6 individual income tax
brackets into not more than two brackets of 10 and not more
than 25 percent;
(2) a reduction in the corporate tax rate to not greater
than 25 percent;
(3) a repeal of the Alternative Minimum Tax;
(4) a broadening of the tax base to maintain revenue
between 18 and 19 percent of the economy; and
(5) a change from a ``worldwide'' to a ``territorial''
system of taxation.
(c) Expedited Consideration in the House of Representatives.--
(1) Any committee of the House of Representatives to which
the tax reform bill is referred shall report it to the House
not later than 20 calendar days after the date of its
introduction. If a committee fails to report the tax reform
bill within that period, such committee shall be automatically
discharged from further consideration of the bill.
(2) If the House has not otherwise proceeded to the
consideration of the tax reform bill upon the expiration of 15
legislative days after the bill has been placed on the Union
Calendar, it shall be in order for the Majority Leader or a
designee (or, after the expiration of an additional 2
legislative days, any Member), to offer one motion that the
House resolve into the Committee of the Whole House on the
state of the Union for the consideration of the tax reform
bill. The previous question shall be considered as ordered on
the motion to its adoption without intervening motion except 20
minutes of debate equally divided and controlled by the
proponent and an opponent. If such a motion is adopted,
consideration shall proceed in accordance with paragraph (3). A
motion to reconsider the vote by which the motion is disposed
of shall not be in order.
(3) The first reading of the bill shall be dispensed with.
General debate shall be confined to the bill and shall not
exceed 4 hours, equally divided and controlled by the chair and
ranking minority member of the Committee on Ways and Means. At
the conclusion of general debate, the bill shall be read for
amendment under the five-minute rule. Any committee amendment
shall be considered as read. At the conclusion of consideration
of the bill for amendment the Committee shall rise and report
the bill to the House with such amendments as may have been
adopted. The previous question shall be considered as ordered
on the bill and amendments thereto to final passage without
intervening motion except one motion to recommit with or
without instructions. A motion to reconsider the vote on
passage of the bill shall not be in order.
(d) Expedited Consideration in the Senate.--
(1) Committee consideration.--A tax reform bill, as defined
in subsection (a), received in the Senate shall be referred to
the Committee on Finance. The Committee shall report the bill
not later than 15 calendar days after receipt of the bill in
the Senate. If the Committee fails to report the bill within
that period, that committee shall be discharged from
consideration of the bill, and the bill shall be placed on the
calendar.
(2) Motion to proceed.--Notwithstanding rule XXII of the
Standing Rules of the Senate, it is in order, not later than 2
days of session after the date on which the tax reform bill is
reported or discharged from committee, for the majority leader
of the Senate or the majority leader's designee to move to
proceed to the consideration of the tax reform bill. It shall
also be in order for any Member of the Senate to move to
proceed to the consideration of the tax reform bill at any time
after the conclusion of such 2-day period. A motion to proceed
is in order even though a previous motion to the same effect
has been disagreed to. All points of order against the motion
to proceed to the tax reform bill are waived. The motion to
proceed is not debatable. The motion is not subject to a motion
to postpone.
(3) Consideration.--No motion to recommit shall be in order
and debate on any motion or appeal shall be limited to one
hour, to be divided in the usual form.
(4) Amendments.--All amendments must be relevant to the
bill and debate on any amendment shall be limited to 2 hours to
be equally divided in the usual form between the opponents and
proponents of the amendment. Debate on any amendment to an
amendment, debatable motion, or appeal shall be limited to 1
hour to be equally divided in the usual form between the
opponents and proponents of the amendment.
(5) Vote on passage.--If the Senate has proceeded to the
bill, and following the conclusion of all debate, the Senate
shall proceed to a vote on passage of the bill as amended, if
amended.
(e) Conference in the House.--If the House receives a message that
the Senate has passed the tax reform bill with an amendment or
amendments, it shall be in order for the chair of the Committee on Ways
and Means or a designee, without intervention of any point of order, to
offer any motion specified in clause 1 of rule XXII.
(f) Conference in the Senate.--If the Senate receives from the
House a message to accompany the tax reform bill, as defined in
subsection (a), then no later than two session days after its receipt--
(1) the Chair shall lay the message before the Senate;
(2) the motion to insist on the Senate amendment or
disagree to the House amendment or amendments to the Senate
amendment, the request for a conference with the House or the
motion to agree to the request of the House for a conference,
and the motion to authorize the Chair to appoint conferees on
the part of the Senate shall be agreed to; and
(3) the Chair shall then be authorized to appoint conferees
on the part of the Senate without intervening motion, with a
ratio agreed to with the concurrence of both leaders.
(g) Rulemaking.--This section is enacted by the Congress as an
exercise of the rulemaking power of the House of Representatives and
Senate, respectively, and as such is deemed a part of the rules of each
House, respectively, or of that House to which they specifically apply,
and such procedures supersede other rules only to the extent that they
are inconsistent with such rules; and with full recognition of the
constitutional right of either House to change the rules (so far as
relating to the procedures of that House) at any time, in the same
manner, and to the same extent as any other rule of that House.
House | Pathway to Job Creation through a Simpler, Fairer Tax Code Act of 2012 - States that the purpose of this Act is to provide for the enactment of comprehensive tax reform in 2013 that: (1) protects taxpayers by creating a fairer, simpler, flatter tax code; (2) is comprehensive; (3) results in tax revenue consistent with historical norms; (4) spurs greater investment, innovation and job creation; and (5) makes American workers and businesses more competitive.
Defines a "tax reform bill" for purposes of this Act as a bill to be introduced by the chair of the House Committee on Ways and Means not later than April 30, 2013, that is certified by the chair of the Joint Committee on Taxation as containing proposals to: (1) consolidate the 6 current individual income tax brackets into a maximum of 2 brackets (of 10% and not higher than 25%), (2) reduce the corporate income tax rate to not more than 25%, (3) repeal the alternative minimum tax (AMT), (4) broaden the tax base so that tax revenues comprise between 18% and 19% of Gross Domestic Product (GDP), and (5) reform the current system of foreign taxation.
Provides for the expedited consideration of such bill in the House of Representatives and the Senate. | {"src": "billsum_train", "title": "To provide for expedited consideration of a bill providing for comprehensive tax reform."} | 3,178 | 270 | 0.444634 | 1.44358 | 0.814957 | 4.515267 | 11.896947 | 0.950382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strong Character for Strong Schools
Act''.
SEC. 2. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.
Section 10103 of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8003) is amended to read as follows:
``SEC. 10103. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.
``(a) Program Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to eligible entities for the design and implementation
of character education programs that incorporate the elements
of character described in subsection (d), as well as other
character elements identified by the eligible entities.
``(2) Eligible entity.--The term `eligible entity' means--
``(A) a State educational agency in partnership
with 1 or more local educational agencies;
``(B) a State educational agency in partnership
with--
``(i) one or more local educational
agencies; and
``(ii) one or more nonprofit organizations
or entities, including institutions of higher
education;
``(C) a local educational agency or consortium of
local educational agencies; or
``(D) a local educational agency in partnership
with another nonprofit organization or entity,
including institutions of higher education.
``(3) Duration.--Each grant under this section shall be
awarded for a period not to exceed 3 years, of which the
eligible entity shall not use more than 1 year for planning and
program design.
``(4) Amount of grants for state educational agencies.--
Subject to the availability of appropriations, the amount of
grant made by the Secretary to a State educational agency in a
partnership described in subparagraph (A) or (B) of paragraph
(2), that submits an application under subsection (b) and that
meets such requirements as the Secretary may establish under
this section, shall not be less than $500,000.
``(b) Applications.--
``(1) Requirement.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time and in such manner as the Secretary may require.
``(2) Contents of application.--Each application submitted
under this section shall include--
``(A) a description of any partnerships or
collaborative efforts among the organizations and
entities of the eligible entity;
``(B) a description of the goals and objectives of
the program proposed by the eligible entity;
``(C) a description of activities that will be
pursued and how those activities will contribute to
meeting the goals and objectives described in
subparagraph (B), including--
``(i) how parents, students (including
students with physical and mental
disabilities), and other members of the
community, including members of private and
nonprofit organizations, will be involved in
the design and implementation of the program
and how the eligible entity will work with the
larger community to increase the reach and
promise of the program;
``(ii) curriculum and instructional
practices that will be used or developed;
``(iii) methods of teacher training and
parent education that will be used or
developed; and
``(iv) how the program will be linked to
other efforts in the schools to improve student
performance;
``(D) in the case of an eligible entity that is a
State educational agency--
``(i) a description of how the State
educational agency will provide technical and
professional assistance to its local
educational agency partners in the development
and implementation of character education
programs; and
``(ii) a description of how the State
educational agency will assist other interested
local educational agencies that are not members
of the original partnership in designing and
establishing character education programs;
``(E) a description of how the eligible entity will
evaluate the success of its program--
``(i) based on the goals and objectives
described in subparagraph (B); and
``(ii) in cooperation with the national
evaluation conducted pursuant to subsection
(c)(2)(B)(iii);
``(F) an assurance that the eligible entity
annually will provide to the Secretary such information
as may be required to determine the effectiveness of
the program; and
``(G) any other information that the Secretary may
require.
``(c) Evaluation and Program Development.--
``(1) Evaluation and reporting.--
``(A) State and local reporting and evaluation.--
Each eligible entity receiving a grant under this
section shall submit to the Secretary a comprehensive
evaluation of the program assisted under this section,
including the impact on students (including students
with physical and mental disabilities), teachers,
administrators, parents, and others--
``(i) by the second year of the program;
and
``(ii) not later than 1 year after
completion of the grant period.
``(B) Contracts for evaluation.--Each eligible
entity receiving a grant under this section may
contract with outside sources, including institutions
of higher education, and private and nonprofit
organizations, for purposes of evaluating its program
and measuring the success of the program toward
fostering in students the elements of character
described in subsection (d).
``(2) National research, dissemination, and evaluation.--
``(A) In general.--The Secretary is authorized to
make grants to, or enter into contracts or cooperative
agreements with, State or local educational agencies,
institutions of higher education, tribal organizations,
or other public or private agencies or organizations to
carry out research, development, dissemination,
technical assistance, and evaluation activities that
support or inform State and local character education
programs. The Secretary shall reserve not more than 5
percent of the funds made available under this section
to carry out this paragraph.
``(B) Uses.--Funds made available under
subparagraph (A) may be used--
``(i) to conduct research and development
activities that focus on matters such as--
``(I) the effectiveness of
instructional models for all students,
including students with physical and
mental disabilities;
``(II) materials and curricula that
can be used by programs in character
education;
``(III) models of professional
development in character education; and
``(IV) the development of measures
of effectiveness for character
education programs which may include
the factors described in paragraph (3);
``(ii) to provide technical assistance to
State and local programs, particularly on
matters of program evaluation;
``(iii) to conduct a national evaluation of
State and local programs receiving funding
under this section; and
``(iv) to compile and disseminate, through
various approaches (such as a national
clearinghouse)--
``(I) information on model
character education programs;
``(II) character education
materials and curricula;
``(III) research findings in the
area of character education and
character development; and
``(IV) any other information that
will be useful to character education
program participants, educators,
parents, administrators, and others
nationwide.
``(C) Priority.--In carrying out national
activities under this paragraph related to development,
dissemination, and technical assistance, the Secretary
shall seek to enter into partnerships with national,
nonprofit character education organizations with
expertise and successful experience in implementing
local character education programs that have had an
effective impact on schools, students (including
students with disabilities), and teachers.
``(3) Factors.--Factors which may be considered in
evaluating the success of programs funded under this section
may include--
``(A) discipline issues;
``(B) student performance;
``(C) participation in extracurricular activities;
``(D) parental and community involvement;
``(E) faculty and administration involvement;
``(F) student and staff morale; and
``(G) overall improvements in school climate for
all students, including students with physical and
mental disabilities.
``(d) Elements of Character.--
``(1) In general.--Each eligible entity desiring funding
under this section shall develop character education programs
that incorporate the following elements of character:
``(A) Caring.
``(B) Civic virtue and citizenship.
``(C) Justice and fairness.
``(D) Respect.
``(E) Responsibility.
``(F) Trustworthiness.
``(G) Any other elements deemed appropriate by the
members of the eligible entity.
``(2) Additional elements of character.--An eligible entity
participating under this section may, after consultation with
schools and communities served by the eligible entity, define
additional elements of character that the eligible entity
determines to be important to the schools and communities
served by the eligible entity.
``(e) Use of Funds by State Educational Agency Recipients.--Of the
total funds received in any fiscal year under this section by an
eligible entity that is a State educational agency--
``(1) not more than 10 percent of such funds may be used
for administrative purposes; and
``(2) the remainder of such funds may be used for--
``(A) collaborative initiatives with and between
local educational agencies and schools;
``(B) the preparation or purchase of materials, and
teacher training;
``(C) grants to local educational agencies,
schools, or institutions of higher education; and
``(D) technical assistance and evaluation.
``(f) Selection of Grantees.--
``(1) Criteria.--The Secretary shall select, through peer
review, eligible entities to receive grants under this section
on the basis of the quality of the applications submitted under
subsection (b), taking into consideration such factors as--
``(A) the quality of the activities proposed to be
conducted;
``(B) the extent to which the program fosters in
students the elements of character described in
subsection (d) and the potential for improved student
performance;
``(C) the extent and ongoing nature of parental,
student, and community involvement;
``(D) the quality of the plan for measuring and
assessing success; and
``(E) the likelihood that the goals of the program
will be realistically achieved.
``(2) Diversity of projects.--The Secretary shall approve
applications under this section in a manner that ensures, to
the extent practicable, that programs assisted under this
section--
``(A) serve different areas of the Nation,
including urban, suburban, and rural areas; and
``(B) serve schools that serve minorities, Native
Americans, students of limited-English proficiency,
disadvantaged students, and students with disabilities.
``(g) Participation by Private School Children and Teachers.--
Grantees under this section shall provide, to the extent feasible and
appropriate, for the participation of students and teachers in private
elementary and secondary schools in programs and activities under this
section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, $50,000,000 for fiscal year
2002 and such sums as may be necessary for each of the 4 succeeding
fiscal years.''. | Strong Character for Strong Schools Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to make grants to eligible entities in partnerships to design and implement State and local character education programs incorporating the elements of caring, civic virtue and citizenship, justice and fairness, respect, responsibility, and trustworthiness, as well as any other elements deemed appropriate by the members of the eligible entity, and any additional elements defined after consultation with the schools and communities served. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to provide for partnerships in character education."} | 2,379 | 101 | 0.60331 | 1.483985 | 0.486121 | 3.445652 | 25.76087 | 0.945652 |
SECTION 1. ESTABLISHMENT OF RESERVATION.
Section 1 of the Act entitled ``An Act to establish a reservation
for the Confederated Tribes of the Grand Ronde Community of Oregon, and
for other purposes,'' approved September 9, 1988 (102 Stat. 1594), is
amended as follows:
(1) In subsection (a), by adding at the end the following:
``The Secretary may accept title to any additional number of
acres of real property located within the boundaries of the
original 1857 reservation of the Confederated Tribes of the
Grand Ronde Community of Oregon established by Executive Order
dated June 30, 1857, comprised of land within the political
boundaries of Polk and Yamhill Counties, Oregon, if such real
property is conveyed or otherwise transferred to the United
States by or on behalf of the Tribe. All applications to take
land into trust within the boundaries of the original 1857
reservation shall be treated by the Secretary as an on-
reservation trust acquisition. All real property taken into
trust within these boundaries, before or after the date of the
enactment of this Act shall be part of the Tribe's
reservation.''.
(2) In subsection (b)--
(A) by modifying the opening paragraph of
subsection (c) by striking ``10,311.60'' and inserting
``10,599.66'';
(B) by striking the following:
----------------------------------------------------------------------------------------------------------------
``6 7 8 Tax lot 800 5.55''
----------------------------------------------------------------------------------------------------------------
(C) by inserting in place of the matter struck
under subparagraph (B) the following:
----------------------------------------------------------------------------------------------------------------
``6 7 7, 8, 17 Former tax lot 800, 5.55'';
located within the
SE \1/4\, SE \1/4\
of Section 7; the
SW \1/4\ of Section
8; and the NW \1/
4\, NW \1/4\ of
Section 17
----------------------------------------------------------------------------------------------------------------
(D) by striking ``240'' and inserting ``241.06'';
and
(E) by striking all text in subsection (c) after
----------------------------------------------------------------------------------------------------------------
``6 7 18 E \1/2\ NE \1/4\ 43.42''
----------------------------------------------------------------------------------------------------------------
(F) and inserting the following:
------------------------------------------------------------------------
``6 8 1 W \1/2\, SE 20.6
\1/4\, SE \1/
4\ and S \1/
2\, NE \1/4\,
SE \1/4\
6 8 1 N \1/2\, SW \1/ 19.99
4\, SE \1/4\
6 8 1 SE \1/4\, NE 9.99
\1/4\
6 8 1 NE \1/4\, SW 10.46
\1/4\ and NW
\1/4\, SW \1/
4\
6 8 1 NE \1/4\, SW 12.99
\1/4\ and NW
\1/4\, SW \1/
4\
6 7 6 SW \1/4\, NW 37.99
\1/4\
6 7 5 NE \1/4\, NW 24.87
\1/4\
6 7 5, 8 SW \1/4\, SE 109.9
\1/4\ of
Section 5 and
NE \1/4\, NE
\1/4\ NW \1/
4\, NE \1/4\
NE \1/4\, NW
\1/4\ of
Section 8
6 8 1 NW \1/4\, SE 31.32
\1/4\
6 8 1 NE \1/4\, SW 8.89
\1/4\
-----------
........... Total 10,599.66'
'.
------------------------------------------------------------------------ | Authorizes the Secretary of the Interior to accept title to any additional number of acres of real property located within the boundaries of the original 1857 reservation of the Confederated Tribes of the Grand Ronde Community of Oregon (comprised of land within the political boundaries of Polk and Yamhill Counties, Oregon), if such real property is conveyed or otherwise transferred to the United States by or on behalf of the Tribe.
States that: (1) the Secretary shall treat all applications to take land into trust within the boundaries of the original 1857 reservation as an on-reservation trust acquisition; and (2) all real property taken into trust within these boundaries before or after the date of the enactment of this Act shall be part of the Tribe's reservation. | {"src": "billsum_train", "title": "To amend the Grand Ronde Reservation Act to make technical corrections, and for other purposes."} | 1,077 | 164 | 0.685801 | 1.860212 | 0.728531 | 6.398601 | 4.776224 | 0.958042 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pakistani-American Enterprise Fund
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Pakistan currently enjoys a strong private sector and
entrepreneurial spirit. The country is working to consolidate
macroeconomic stability and initiate structural reforms with
support from the International Monetary Fund's (IMF) Stand-By
Agreement. A more stable economy in Pakistan will help support
Pakistan's robust private sector. Enterprise Funds established
in partnership with United States partners like Poland,
Hungary, Albania, Russia, and other European countries have
proven beneficial to their economies. Creating a similar fund
in close partnership with the people of Pakistan could help
sustain and expand their reform efforts as well as empower
entrepreneurs in Pakistan with the resources required to create
desperately needed employment opportunities.
(2) A 2009 assessment released by the IMF noted, ``Economic
growth in Pakistan is starting to recover; large-scale
manufacturing output has started to increase, the improvement
in the global economy has helped manufacturing exports, and the
private sector credit growth has picked up somewhat as
businesses rebuild their working capital. Looking ahead, a
resumption of higher growth is needed to raise living standards
and will require improvements in the business climate to
stimulate higher investment by local and foreign investors.''
(3) Pakistan has seen a dramatic fall in foreign direct
investment (FDI) in recent years. According to Pakistan's Board
of Investment (BOI), foreign direct investment dropped by 40.7
percent from the July 2008-June 2009 time period to the July
2009-June 2010 time period. Pakistan secured $5,139,600,000 in
FDI in 2006-2007 and $5,152,800,000 in 2007-2008, but the
amount dropped to $2,205,000,000 in 2009-2010.
(4) According to the Asian Development Bank's 2008 report
on Pakistan's private sector, Pakistan's private sector is by
far the biggest contributor to GDP and is the biggest employer
in the country. According to Pakistan's Small and Medium Sized
Development Authority (SMEDA), small and medium sized
enterprises (SMEs) constitute nearly 90 percent of all
enterprises in Pakistan, employ 80 percent of the non-
agricultural labor force, and constitute an approximately 40
percent share of annual GDP. Pakistan's SMEs are particularly
constrained by lack of access to financial and other resources.
Accelerating the growth of existing SMEs and providing
innovative entrepreneurs with resources to set up new ventures
has the potential to significantly contribute to stability
through job creation and support overall economic success in
Pakistan.
(5) The shortage of risk capital in Pakistan stems from the
effects of the global economic crisis but has been greatly
exacerbated by both political and security challenges plaguing
the country. Establishing an enterprise fund could help
reinforce financial institutions within the country, provide
debt and equity investment for commercially viable SMEs,
provide debt and equity investment in private sector entities
and initiatives in the energy sector, and make the investment
environment more attractive to domestic and international
investors.
(6) Creation of an enterprise fund could promote the growth
of the private sector in Pakistan while simultaneously
incentivize companies to operate within the formal economy.
Estimates by the IMF and World Bank suggest that the informal
or underground economy in Pakistan far exceeds the fiscal
activity government institutions are able to systematically
measure. Any company or business supported by the enterprise
fund would be required to operate within specific legal and
accounting standards and comply with applicable tax codes. In a
country with extremely low levels of tax collection--less than
2 percent of the population is believed to pay personal taxes--
leadership by the private sector could set an invaluable
example within the country.
(7) To help foster and support the fledgling private sector
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'', throughout Central and Eastern Europe and
the former Soviet Union. These funds channeled funding into
over 500 enterprises in 19 countries, leveraged an additional
$5,000,000,000 in private investment capital from outside the
United States Government, provided substantial development
capital where supply was limited, created or sustained over
260,000 jobs through investment and development activities,
funded $74,000,000 in technical assistance to strengthen the
private sector, and is expected to recoup 137 percent of the
original USAID funding.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to promote the private sector in Pakistan, while
considering the development impact of investments and
profitability of those investments, particularly in small- and
medium-sized enterprises, the energy and electricity sector,
and joint ventures with participants from the United States and
Pakistan;
(2) to promote policies and practices conducive to
strengthening the private sector in Pakistan 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 Pakistan, foster competition, catalyze productivity
improvements in existing businesses, and strengthen local
capital markets;
(4) to promote security through job creation in the private
sector in Pakistan and to further the creation of a middle
class in Pakistan; and
(5) to promote private sector adherence to tax codes in
Pakistan and, where appropriate, foster improvements in the tax
code and regulatory environment in Pakistan in order to support
economic development.
SEC. 4. PAKISTANI-AMERICAN ENTERPRISE FUND.
(a) Designation.--The President is authorized to designate a
private, nonprofit organization based in Pakistan (to be known as the
``Pakistani-American Enterprise Fund'') to receive funds and support
made available under this Act after determining that such organization
has been established 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 Pakistani-American Enterprise Fund
shall be governed by a Board of Directors, which shall be
comprised of 4 private citizens of the United States and 3
private citizens of Pakistan, appointed by the President of the
United States in consultation with the Government of Pakistan.
(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, 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, such as the energy sector.
(3) Additional usaid non-voting board member.--The
President shall appoint one official or employee of USAID as an
additional non-voting member of the Board.
(4) Additional non-government non-voting board members.--
(A) Authority to appoint.--Upon the recommendation
of the Board of Directors, the President may appoint up
to 2 additional non-voting members to the Board in
addition to the members specified in paragraphs (1) and
(3), of which not more than one may be a non-citizen of
the United States.
(B) NGO community.--One of the additional non-
voting Board members shall represent the
nongovernmental organization community, with
significant prior experience in development and an
understanding of development policy priorities for
Pakistan.
(C) Technical expertise.--One of the additional
non-voting Board members shall have extensive
demonstrated industry, sector, or technical experience
and expertise in a priority investment sector for the
Fund.
(c) Grants.--
(1) In general.--The President may use funds appropriated
pursuant to section 102 of the Enhanced Partnership with
Pakistan Act of 2009 (22 U.S.C. 8412) to carry out the purposes
specified in section 3 through the Pakistani-American
Enterprise Fund and to cover administrative expenses of the
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
Pakistani-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 Pakistani-American Enterprise Fund shall state
that the Fund shall liquidate its assets and dissolve
not later than December 31, 2020, unless the
Administrator of the United States Agency for
International Development determines, after
consultation with the appropriate congressional
committees, 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
Pakistani-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
Pakistani-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, unless otherwise specified by the
appropriate congressional committees.
(d) Notification.--
(1) In general.--Not later than 15 days before designating
an organization to operate as the Pakistani-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 Pakistani-American
Enterprise Fund pursuant to subsection (a);
(B) the names and qualifications of the individuals
who will comprise the initial Board of Directors; and
(C) the procedures referred to in subsection
(c)(3)(C) that will apply to the Pakistani-American
Enterprise Fund for purposes of curtailing money-
laundering and terrorist financing activities.
(e) Public Disclosure.--Not later than one 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 website 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 one 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.
(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 Pakistan and identifying
those institutional or regulatory constraints that inhibit a more
effective application of Fund resources.
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 Pakistani-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 Pakistani-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
Pakistani-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 Pakistani-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 established 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.
SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives. | Pakistani-American Enterprise Fund Act - Authorizes the President to designate a private, nonprofit organization based in Pakistan (the Pakistani-American Enterprise Fund) to receive funds and support to promote and strengthen the private sector in Pakistan.
States that the grant agreement between the United States Agency for International Development (USAID) and the Fund shall require the Fund to: (1) liquidate its assets and dissolve not later than December 31, 2020, unless USAID determines after congressional consultation that the Fund should be extended; and (2) prevent funds from being used for money laundering and terrorist financing.
Requires: (1) an annual Fund report to Congress; and (2) a Government Accountability Office (GAO) report to Congress every three years regarding Fund activities.
Urges the Fund's Board of Directors to adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to the Support for East European Democracy (SEED) Act of 1989. | {"src": "billsum_train", "title": "A bill to promote the strengthening of the private sector in Pakistan."} | 3,118 | 205 | 0.449353 | 1.601825 | 0.76975 | 4.755208 | 15.489583 | 0.953125 |
SECTION 1. SHORT TITLE.
The short title of this Act may be cited as the ``Prevention of
Prisoner Double-Dipping Act''.
SEC. 2. TREATMENT OF PRISONERS.
(a) Denial of Benefits to Individuals Jailed on Felony Charges.--
(1) In general.--Section 202(x)(1)(A) of the Social
Security Act (42 U.S.C. 402(x)(1)(A)) is amended by striking
``or'' at the end of clause (i), by striking the period at the
end of clause (ii) and inserting ``, or'', and by adding at the
end the following new clause:
``(iii) is confined in a jail, prison, or other penal
institution or correctional facility pursuant to a charge of an
offense punishable by imprisonment for more than 1 year, but
only with respect to months after the first 30 days of such
confinement.''.
(2) Conforming amendment.--Section 202(x)(1)(B)(i) of such
Act (42 U.S.C. 402(x)(1)(B)(i)) is amended by striking ``clause
(i)'' and inserting ``clauses (i) and (iii)''.
(3) Study of methods to insure the collection of
information respecting public inmates.--
(A) Study.--The Commissioner of Social Security
shall conduct a study regarding methods to insure the
timely and accurate reporting of information respecting
court orders by which individuals described in section
202(x)(1)(A)(iii) of the Social Security Act (402
U.S.C. 402(x)(1)(A)(iii)) are confined in jails,
prisons, or other public penal, correctional, or
medical facilities as the Commissioner may require for
the purpose of carrying out section 202(x) and
1611(e)(1) of such Act (42 U.S.C. 402(x) and
1382(e)(1)).
(B) Report.--Not later than 1 year after the date
of the enactment of this Act, the Commissioner of
Social Security shall submit a report on the results of
the study conducted pursuant to this paragraph to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives.
(4) Effective date.--The amendments made by this subsection
shall apply to payments made for months beginning after the
date of the enactment of this Act.
(b) Implementation of Prohibition Against Payment of Benefits to
Prisoners.--
(1) In general.--Section 202(x)(3) of the Social Security
Act (42 U.S.C. 402(x)(3)) is amended--
(A) by inserting ``(A)'' after ``(3)''; and
(B) by adding at the end the following new
subparagraph:
``(B)(i) The Commissioner is authorized to enter into a contract,
with any interested State or local institution described in clause (i)
or (ii) of paragraph (1)(A) the primary purpose of which is to confine
individuals as described in paragraph (1)(A), under which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis, the names, social security account numbers,
dates of birth, and such other identifying information
concerning the individuals confined in the institution as the
Commissioner may require for the purpose of carrying out
paragraph (1); and
``(II) the Commissioner is authorized to pay to any such
institution, with respect to each individual who is entitled to
a benefit under this title for the month preceding the first
month throughout which such individual is confined in such
institution as described in paragraph (1)(A), an amount
determined by the Commissioner.
``(ii) The provisions of section 552a of title 5, United States
Code, shall not apply to any contract entered into under clause (i) or
to information exchanged pursuant to such contract.''.
(2) Conforming ssi amendments.--Section 1611(e)(1) of such
Act (42 U.S.C. 1382(e)(1)) is amended by adding at the end the
following new subparagraph:
``(I)(i) The Commissioner is authorized to enter into a contract,
with any interested State or local institution referred to in
subparagraph (A), under which--
``(I) the institution shall provide to the Commissioner, on
a monthly basis, the names, social security account numbers,
dates of birth, and such other identifying information
concerning the inmates of the institution as the Commissioner
may require for the purpose of carrying out this paragraph; and
``(II) the Commissioner is authorized to pay to any such
institution, with respect to each inmate of the institution who
is eligible for a benefit under this title for the month
preceding the first month throughout which such inmate is in
such institution and becomes ineligible for such benefit (or
becomes eligible only for a benefit payable at a reduced rate)
as a result of the application of this paragraph, an amount
determined by the Commissioner.
``(ii) The provisions of section 552a of title 5, United States
Code, shall not apply to any contract entered into under clause (i) or
to information exchanged pursuant to such contract.''.
SEC. 3. CIVIL MONETARY PENALTIES FOR FRAUDULENT USE OF SOCIAL SECURITY
ACCOUNT NUMBERS AND CARDS.
(a) In General.--Subsection (a) of section 1129 of the Social
Security Act (42 U.S.C. 1320a-8) is amended by redesignating paragraph
(2) as paragraph (3) and by inserting after paragraph (1) the following
new paragraph:
``(2) Any person who--
``(1) willfully, knowingly, and with intent to deceive,
uses a social security account number assigned on the basis of
false information provided by such person or another person;
``(2) with intent to deceive, falsely represents a number
to be a social security account number;
``(3) knowingly alters a social security card;
``(4) buys or sells a card that is, or purports to be, a
social security card;
``(5) possesses a social security card or counterfeit card
with the intent to sell or alter such card; or
``(6) discloses, uses, or compels the disclosure of the
social security account number of any person in violation of
the law,
shall be subject to, in addition to any other penalties that may be
prescribed by law, a civil money penalty of not more than $5,000 for
each offense. Such person also shall be subject to an assessment, in
lieu of damages sustained by the United States because of such offense,
of not more than 5 times the amount of benefits or payments paid under
titles II and XVI as a result of such offense.''.
(b) Conforming Amendment.--Paragraph (1) of section 1129(c) of such
Act (42 U.S.C. 1320a-8(c)) is amended by striking ``statements and
representations'' and inserting ``actions''.
(c) Effective Date.--The amendments made by this section shall
apply to conduct occurring on or after the date of the enactment of
this Act.
SEC. 4. ADDITIONAL RESOURCES TO COMBAT FRAUD IN THE SOCIAL SECURITY
SYSTEM.
(a) Authorization of Appropriations.--Out of any money in the
Treasury not otherwise appropriated, there are authorized to be
appropriated, to remain available without fiscal year limitation,
$50,000,000 for the Commissioner of Social Security through the Office
of Inspector General to utilize only for increasing the number of
investigators and auditors charged with pursuing charges of fraud
against the programs under titles II and XVI of the Social Security
Act.
(b) Additional Funds.--Amounts appropriated under subsection (a)
shall be in addition to any funds otherwise appropriated for the
purposes described in subsection (a).
SEC. 5. STUDY REGARDING REVIEW AND APPEALS PROCESS.
(a) Study.--The Commissioner of Social Security shall conduct a
study regarding methods to streamline the review and appeals process
under title II and XVI of the Social Security Act.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Commissioner of Social Security shall submit a report
on the results of the study conducted pursuant to this section to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives. | Prevention of Prisoner Double-Dipping Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to revise the limitation on the payment of OASDI benefits to prisoners and certain other inmates of publicly funded institutions. Extends such limitation to any individual confined in a jail, prison, or other penal institution or correctional facility pursuant to a felony charge, but only with respect to months after the first 30 days of such confinement.
Requires the Commissioner of Social Security to study and report to the Congress on methods to insure the timely and accurate reporting of information respecting such public inmates with respect to current law limitations on OASDI and Supplemental Security Income (SSI) benefits under SSA title XVI to them.
Authorizes the Commissioner to: (1) contract with interested State or local institutions used to confine such individuals for monthly reports to the Commissioner of certain identifying information in order to enforce such benefit limitations; and (2) pay such an institution benefit amounts with respect to each eligible individual.
Amends title XI of the Social Security Act to provide for civil monetary penalties, including quintuple damages for any OASDI and SSI benefits received, for fraudulent use of social security account numbers and cards.
Authorizes additional appropriations for the Commissioner through the Office of Inspector General to use only for increasing the number of investigators and auditors charged with pursuing charges of fraud against the OASDI and SSI programs.
Requires the Commissioner to study and report to the Congress on methods to streamline the review and appeals process under the OASDI and SSI programs. | {"src": "billsum_train", "title": "Prevention of Prisoner Double-Dipping Act"} | 1,952 | 375 | 0.579342 | 1.79274 | 0.72163 | 3.278689 | 5.439344 | 0.845902 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Equity and Access under the
Law for Immigrant Women and Families Act of 2014'' or as the ``HEAL
Immigrant Women and Families Act of 2014''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Insurance coverage reduces harmful health disparities
by alleviating cost barriers to and increasing utilization of
basic preventive health services, especially among low-income
and underserved populations, and especially among women.
(2) Based solely on their immigration status, many
immigrants and their families face legal restrictions on their
ability to obtain health insurance coverage through Medicaid,
CHIP, and Health Insurance Exchanges.
(3) Lack of health insurance contributes to persistent
disparities in the prevention, diagnosis, and treatment of
negative health outcomes borne by immigrants and their
families.
(4) Immigrant women are disproportionately of reproductive
age, low-income, and lacking health insurance coverage. Legal
barriers to affordable health insurance coverage therefore
particularly exacerbate their risk of negative sexual,
reproductive, and maternal health outcomes, with lasting health
and economic consequences for immigrant women, their families,
and society as a whole.
(5) Denying coverage or imposing waiting periods for
coverage unfairly hinders the ability of immigrants to take
responsibility for their own health and economic well-being and
that of their families. To fully and productively participate
in society, access to health care is fundamental, which for
women includes access to the services necessary to plan whether
and when to have a child.
(6) The population of immigrant families in the United
States is expected to continue to grow. Indeed one in five
children in the United States is part of an immigrant family.
It is therefore in the nation's shared public health and
economic interest to remove legal barriers to affordable health
insurance coverage based on immigration status.
SEC. 3. REMOVING BARRIERS TO HEALTH COVERAGE FOR LAWFULLY PRESENT
INDIVIDUALS.
(a) Medicaid.--Section 1903(v)(4) of the Social Security Act (42
U.S.C. 1396b(v)(4)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Notwithstanding sections 401(a), 402(b), 403, and 421 of the
Personal Responsibility and Work Opportunity Reconciliation Act of
1996, payment shall be made under this section for care and services
that are furnished to aliens, including those described in paragraph
(1), if they otherwise meet the eligibility requirements for medical
assistance under the State plan approved under this title (other than
the requirement of the receipt of aid or assistance under title IV,
supplemental security income benefits under title XVI, or a State
supplementary payment), and are lawfully present in the United
States.'';
(2) in subparagraph (B)--
(A) by striking ``a State that has elected to
provide medical assistance to a category of aliens
under subparagraph (A)'' and inserting ``aliens
provided medical assistance pursuant to subparagraph
(A)''; and
(B) by striking ``to such category'' and inserting
``to such alien''; and
(3) in subparagraph (C)--
(A) by striking ``an election by the State under
subparagraph (A)'' and inserting ``the application of
subparagraph (A)'';
(B) by inserting ``or be lawfully present'' after
``lawfully reside''; and
(C) by inserting ``or present'' after ``lawfully
residing'' each place it appears.
(b) CHIP.--Subparagraph (J) of section 2107(e)(1) of the Social
Security Act (42 U.S.C. 1397gg(e)(1)) is amended to read as follows:
``(J) Paragraph (4) of section 1903(v) (relating to
lawfully present individuals).''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the date
of the enactment of this Act and shall apply to services
furnished on or after the date that is 90 days after such date
of the enactment.
(2) Exception if state legislation required.--In the case
of a State plan for medical assistance under title XIX, or a
State child health plan under title XXI, of the Social Security
Act which the Secretary of Health and Human Services determines
requires State legislation (other than legislation
appropriating funds) in order for the plan to meet the
additional requirements imposed by the amendments made by this
section, the respective State plan shall not be regarded as
failing to comply with the requirements of such title solely on
the basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of the enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of such
session shall be deemed to be a separate regular session of the
State legislature.
SEC. 4. REMOVING BARRIERS TO HEALTH COVERAGE FOR INDIVIDUALS GRANTED
DEFERRED ACTION FOR CHILDHOOD ARRIVALS.
(a) In General.--For the purposes of eligibility under any of the
provisions referred to in subsection (b), individuals granted deferred
action under the Deferred Action for Childhood Arrivals process of the
Department of Homeland Security, as described in the memorandum of the
Secretary of Homeland Security on June 15, 2012, shall be considered
lawfully present in the United States.
(b) Provisions Described.--The provisions described in this
subsection are the following:
(1) Exchange eligibility.--Section 1311 of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031).
(2) Reduced cost-sharing eligibility.--Section 1402 of the
Patient Protection and Affordable Care Act (42 U.S.C. 18071).
(3) Premium subsidy eligibility.--Section 36B of the
Internal Revenue Code of 1986.
(4) Medicaid and chip eligibility.--Titles XIX and XXI of
the Social Security Act, including under section 1903(v) of
such Act (42 U.S.C. 1396b(v)).
(c) Effective Date.--
(1) In general.--Subsection (a) shall take effect on the
date of the enactment of this Act.
(2) Transition through special enrollment period.--In the
case of an individual described in subsection (a) who, before
the first day of the first annual open enrollment period under
subparagraph (B) of section 1311(c)(6) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18031(c)(6))
beginning after the date of the enactment of this Act, is
granted deferred action described in subsection (a) and who, as
a result of such subsection, qualifies for a subsidy described
in paragraph (2) or (3) of such subsection, the Secretary of
Health and Human Services shall establish a special enrollment
period under section 1311(c)(6)(C) of such Act during which
such individual may enroll in qualified health plans through
Exchanges under title I of such Act and qualify for such a
subsidy. For such an individual who has been granted deferred
action as of the date of the enactment of this Act, such
special enrollment period shall begin not later than 90 days
after such date of enactment. Nothing in this paragraph shall
be construed as affecting the authority of the Secretary to
establish additional special enrollment periods under section
1311(c)(6)(C) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(c)(6)(C)). | Health Equity and Access under the Law for Immigrant Women and Families Act of 2014 or the HEAL Immigrant Women and Families Act of 2014 - Amends titles XIX (Medicaid) and XXI (Children's Health Insurance) (CHIP) of the Social Security Act to extend Medicaid and CHIP coverage to aliens lawfully present in the United States. Makes individuals granted deferred action under the Deferred Action for Childhood Arrivals process eligible for: (1) health care exchanges and reduced cost sharing under the Patient Protection and Affordable Care Act, (2) premium subsidies under the Internal Revenue Code, and (3) Medicaid and CHIP. | {"src": "billsum_train", "title": "HEAL Immigrant Women and Families Act of 2014"} | 1,765 | 146 | 0.571083 | 1.624566 | 0.713313 | 4.144068 | 13.008475 | 0.940678 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Willamette River
United Act''.
(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. Purposes.
Sec. 4. Definitions.
Sec. 5. Grant authorization.
Sec. 6. Private property protection and lack of regulatory effect.
Sec. 7. Tribal Rights and Interests.
Sec. 8. Authorization of appropriations.
Sec. 9. Agency partnership authorization.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Willamette River basin has been inhabited by humans
for at least 12,000 years, providing natural resources for the
cultural life-ways for the Native American tribes of the
Willamette Valley, Euro-Americans, pioneers, and other
citizens. The area has sustained a cultural history that
predates the Ice Age Floods of Missoula, Montana.
(2) The Willamette River Basin comprises almost 12,000
square miles, is home to almost 70 percent of Oregon's
population, and generates approximately 75 percent of the
economic activity of the State.
(3) By 2050, an additional 1,700,000 people are expected to
inhabit the Willamette River Basin, bringing the total
population to approximately 4,000,000.
(4) The Willamette River is the 13th largest river, based
on stream flow and produces the most runoff for its land area
of any river in the Continental United States. Thirteen major
tributaries feed into the mainstem Willamette.
(5) The river and surrounding tributaries are home to a
wide variety of fish and wildlife. In particular, the river is
part of a migratory route for a variety of anadromous fish and
provides spawning grounds for coho salmon, lamprey, sturgeon,
spring and fall run chinook, and steelhead and cutthrout trout.
(6) The Willamette River is one of 14 rivers designated an
American Heritage River in 1998. The American Heritage Rivers
initiative is an innovative response to help river communities
that seek Federal assistance and other resources to meet tough
challenges, without imposing new regulations on private
property owners and businesses.
(7) State, local, and tribal governments and local private
for-profit and non-profit organizations have provided
significant resources and technical assistance to address
natural resource and environmental protection, economic
revitalization, archaeological resource protection, and
historic and cultural preservation through collaborative
partnerships.
(8) None of the accomplishments realized by the Willamette
River through the American Heritage Rivers initiative could
have occurred without the strong commitment of the Federal
Government agencies to facilitate cooperative conservation
actions that relate to use, enhancement, and enjoyment of
natural resources, protection of the environment, or both, and
that involve collaborative activity among Federal, State,
local, and tribal governments, private for-profit and nonprofit
institutions, other non-governmental entities and individuals.
(9) The natural resource federal agencies provide critical
studies, analysis, technical assistance and expertise such that
the scope of work that can be accomplished by local river
communities is limited when these agencies are not adequately
funded.
(10) Despite continued population growth, ongoing cleanup
efforts have resulted in improvement toward several measures of
watershed health, but more must be done to restore the river's
long-term health.
(11) Nature observation and sightseeing are among the
fastest growing recreation activities in the Willamette Basin,
increasing by 254 percent and 69 percent respectively, in the
last 15 years.
(12) The Willamette River is experiencing renewed
investments of State, regional, and non-government funding to
capitalize on this increasing interest in the river from
visitors and residents.
(13) Such investments include a $227,400,000 bond measure
voters approved in 2006 to protect natural areas and lands near
rivers and streams throughout the Portland metro region,
safeguarding the quality of water while managing the impacts of
growth and maintaining the area's quality of life for future
generations.
SEC. 3. PURPOSES.
The purposes of this Act are:
(1) To continue the work to enhance access to the
Willamette River that has been initiated by the Willamette
River Basin communities, State, regional, local, and Indian
tribal governments and non-government partnerships, and for
other purposes.
(2) To assist the State of Oregon and the communities of
the Willamette River Basin in restoring, preserving,
protecting, promoting, and interpreting these historic,
recreational, and natural resources for the benefit of the
Nation.
(3) To authorize partnerships among Federal agencies,
State, local, and Indian tribal governments, local communities,
conservation organizations, and other non-Federal entities to
carry-out the above-mentioned purposes.
SEC. 4. DEFINITIONS.
For the purposes of this Act:
(1) Indian tribal governments.--The term ``Indian tribal
governments'' means the governing body of one or more of the
following federally recognized Indian tribes:
(A) The Confederated Tribes of the Grand Ronde
Community of Oregon.
(B) The Confederated Tribes of the Siletz Indians.
(C) The Confederated Tribes of the Umatilla Indian
Reservation.
(D) The Confederated Tribes of the Warm Springs
Reservation of Oregon.
(E) The Nez Perce Tribe.
(F) The Yakama Indian Nation.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Willamette river.--The term ``Willamette River'' means
the approximately 187 miles from the headwaters at three
separate forks, (Middle, North and Coast Forks in the mountains
south and southeast of Eugene) at the southern end of the
Willamette Valley to the confluence with the Columbia River at
St. Helens (north of Portland).
(4) Willamette river tributaries.--The term ``Willamette
River Tributaries'' includes Calapooia, Clackamas, Coast Fork
Willamette, Long Tom, Luckiamute, McKenzie, Marys, Middle Fork
Willamette, Molalla, Pudding, Santiam, Tualatin, and Yamhill
rivers.
(5) Willamette river basin.--The term ``Willamette River
Basin'' means the area in which all surface water,
approximately 11,000 miles of wetlands, creeks, streams, and
rivers feed the Willamette River mainstem flows from its
headwaters in the Cascades and Coast Range.
(6) Conservation projects.--The term ``conservation
projects'' includes--
(A) projects to restore and protect the natural
hydrologic functions of the Willamette River Basin;
(B) projects to restore and protect habitat for
aquatic, riparian, wetland, and upland flora and fauna;
(C) acquisition from willing sellers of
conservation easements or title to land; and
(D) projects to restore and protect water quality.
SEC. 5. GRANT AUTHORIZATION.
(a) Authorization; Cooperative Agreement.--The Secretary shall
enter into cooperative agreements with the Oregon Parks and Recreation
Department and the Oregon Watershed Enhancement Board to provide for
those entities to administer the grant program authorized by this
section.
(b) Eligible Projects.--Grants under this section may be made for
recreation, historic, archaeological, and cultural preservation or
conservation projects that--
(1) provide restroom, dock, and trash facilities along the
river;
(2) provide safety education;
(3) provide bicycle, pedestrian, and water trail signs on
Willamette River and signs to commercial districts off the
river;
(4) provide non-motorized craft acquisition for State
agency enforcement and river education;
(5) design, plan, create, or complete bicycle, pedestrian,
and water trails and bridges, recreation areas, parks, and
conservation and wildlife reserves on and along the Willamette
River and its tributaries and enrich their experiences;
(6) enhance recreation, conservation, interpretation, and
tourism to draw people to the Willamette River;
(7) employ improved technologies, innovative partnerships,
wetlands creation, and other creative devices to reduce
pollution;
(8) restore, enhance, and protect water quality and
watershed health and function through restoration and
improvements by watershed councils, conservation districts,
special districts, private land owners, tribal governments,
local governments, and non-profit and non-governmental
organizations, including research activities to better
understand the ecosystem needs to restore fish and wildlife;
(9) provide outreach and education to promote and foster
resource stewardship and to build social capacity to sustain
and support environmental improvements;
(10) acquire, under priorities and eligibility conditions
of the Statewide Comprehensive Outdoor Recreation Plan or of
the Oregon Watershed Enhancement Board's Acquisitions program,
interests in land, including easements, for the purposes of
bike, pedestrian trails, parks, fish and wildlife habitat,
conservation projects, and ecological restoration, including
aquatic ecological restoration along the Willamette River and
its tributaries;
(11) design of park and recreation and conservation
projects, including the mapping, data collection, engineering,
analysis of biology, hydrology and soils, and other technical
evaluation;
(12) outreach to demonstrate the value of coordination and
collaboration among communities pursuing common objectives
along the length of the Willamette River; and
(13) outreach to interested and affected communities to
solicit involvement in and to explain the projects authorized
by this Act.
(c) Specific Eligible Grant Projects.--Examples of grants that may
be considered for these purposes include the following:
(1) South Waterfront Greenway in Portland.
(2) Salem Downtown Parks Connections Conversion.
(3) Willamette River national heritage area study to be
conducted by National Park Service.
(4) Wilsonville Park to Boat Works Park pedestrian-bike
bridge.
(d) Limitations.--Funds made available through grants made under
this Act may not be used--
(1) to support regulatory actions or mitigation thereof; or
(2) for operations and maintenance costs.
(e) Matching Requirements.--Projects funded with grants made under
this Act shall have Federal, State, Tribal, regional, local, or private
funding commitment based on grant authorization matching requirements
of the Oregon Parks and Recreation Department or the Oregon Watershed
Enhancement Board. Grants made under this Act for implementation shall
require at least a 35 percent match from grantees. In-kind service may
qualify as fulfillment of the 35 percent matching requirement and
special consideration may be given to communities that can demonstrate
local capacity building. The Oregon Parks and Recreation Department or
Oregon Watershed Enhancement Board may issue a rule by which the
requirement under this subsection may be waived in whole or in part for
land acquisition.
(f) Cooperative Agreement.--Oregon Parks and Recreation Department
and Oregon Watershed Enhancement Board shall enter into a cooperative
agreement to eliminate redundancy and enhance coordination to
administer the grant program authorized by this section.
SEC. 6. PRIVATE PROPERTY PROTECTION AND LACK OF REGULATORY EFFECT.
(a) Recognition of Authority to Control Land Use.--Nothing in this
Act modifies any authority of Federal, State, or local governments to
regulate land use.
(b) Voluntary Participation of Private Property Owners Only.--
Nothing in this Act requires the owner of any private property located
in the Willamette Basin to participate in the land conservation,
financial, or technical assistance or any other programs established
under this Act.
(c) Purchase of Land or Interests in Land From Willing Sellers
Only.--Funds appropriated to carry out this Act may be used to purchase
land or interests in land only from willing sellers.
(d) Access to Private Property of Participating Landowners.--
Private property landowners voluntarily participating in this Act shall
permit access (including Federal, State, or local government access) to
their property, at times agreeable to the landowner, to implement,
inspect, monitor, or perform repairs or maintenance to projects funded
under this Act.
(e) Liability.--Nothing in this Act creates any liability, or has
any effect on liability under any other law, of a private property
owner voluntarily participating in this Act with respect to any persons
injured on the private property.
SEC. 7. TRIBAL RIGHTS AND INTERESTS.
Nothing in this Act creates, alters, adjusts, or diminishes any
treaty right or other right or interest of any Indian tribal
government.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to the Secretary $10,000,000
for each of fiscal years 2009 through 2018, to remain available until
expended. Of this amount $100,000 shall be available in each fiscal
year to Oregon's Department of Environmental Quality for reducing
sources of pollution in the Willamette River. Of the remainder, the
Secretary shall distribute 50 percent to the Oregon Parks and
Recreation Department and 50 percent to the Oregon Watershed
Enhancement Board to carry out this Act.
(b) Administrative Costs.--In addition to amounts authorized under
subsection (a), there is authorized to be appropriated such funds as
may be necessary for the Oregon Parks and Recreation Department and the
Oregon Watershed Enhancement Board to administer the grant program.
SEC. 9. AGENCY PARTNERSHIP AUTHORIZATION.
Federal agencies with administrative jurisdiction over natural
resources or parks of the United States, such as the National Marine
Fisheries Service, the Department of the Interior, the Forest Service,
United States Fish and Wildlife Service, United States Geologic
Service, Natural Resources Conservation Service, Environmental
Protection Agency, and the Army Corps of Engineers may--
(1) use funds not otherwise obligated to provide--
(A) technical and financial assistance, engineering
and hydrology studies, and other assistance to the
grant programs of the Oregon Watershed Enhancement
Board and the Oregon Parks and Recreation Department
when a private investment has been identified and
private funds committed to that project; and
(B) financial assistance to Willamette River
restoration, recreation, heritage and tourism efforts
if the private or public partner can demonstrate strong
support in the community; and
(2) enter into an agreement with Oregon Watershed
Enhancement Board or Oregon Parks and Recreation Department to
administer the Federal assistance but does not obligate the
State agencies to any unfunded Federal authorization. | Willamette River United Act - Directs the Secretary of the Interior to enter into cooperative agreements with the Oregon Parks and Recreation Department (OPRD) and the Oregon Watershed Enhancement Board to administer grants for recreation, historic, archeological, and cultural preservation or conservation projects. Specifies the general types of projects and specific projects for which grants may be made.
Prohibits grant funds from being used: (1) to support regulatory actions or mitigation thereof; or (2) for operations and maintenance costs.
Sets forth grant matching requirements.
Provides that: (1) private property owners located in the Willamette Basin are not required to participate in programs established under this Act; and (2) funds appropriated to carry out this Act may be used to purchase land only from willing sellers.
Requires private landowners voluntarily participating in this Act to permit access to their property to implement, inspect, monitor, or perform repairs or maintenance to funded projects.
Authorizes federal agencies with jurisdiction over U.S. natural resources or parks to: (1) use funds to provide assistance to the grant programs of the Board and OPRD when a private investment has been identified and private funds have been committed to a project and to provide financial assistance to Willamette River restoration, recreation, heritage and tourism efforts if the partner can demonstrate strong support in the community; and (2) enter into an agreement with the Board or OPRD to administer federal assistance. | {"src": "billsum_train", "title": "To continue the work to enhance access to the Willamette River that has been initiated by the Willamette River Basin communities, State, regional, local, and Indian tribal governments and non-government partnerships, and for other purposes."} | 3,113 | 298 | 0.514636 | 1.650674 | 0.864648 | 4.652015 | 10.56044 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Nevada Economic Development
and Land Management Improvement Act''.
SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS IN LINCOLN
COUNTY, NEVADA.
(a) Facilitation of Pinyon-Juniper Related Projects.--
(1) Availability of special account under lincoln county
land act of 2000.--Section 5(b) of the Lincoln County Land Act
of 2000 (Public Law 106-298; 114 Stat. 1048) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and
implementation'' after ``development''; and
(ii) in subparagraph (C)--
(I) in clause (i), by striking ``;
and'' at the end and inserting a
semicolon; and
(II) by adding at the end the
following:
``(iii) development and implementation of
comprehensive, cost-effective, and
multijurisdictional hazardous fuels reduction
projects and wildfire prevention planning
activities (particularly for pinyon-juniper
dominated landscapes) and other rangeland and
woodland restoration projects within the
County, consistent with the Ely Resource
Management Plan or any subsequent revisions or
amendments to that plan; and''; and
(B) by adding at the end the following:
``(3) Cooperative agreements.--The Director of the Bureau
of Land Management shall enter into cooperative agreements with
the County for County-provided law enforcement and planning
related activities approved by the Secretary regarding--
``(A) wilderness in the County designated by the
Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat.
2403);
``(B) cultural resources identified, protected, and
managed pursuant to that Act;
``(C) planning, management, and law enforcement
associated with the Silver State OHV Trail designated
by that Act; and
``(D) planning associated with land disposal and
related land use authorizations required for utility
corridors and rights-of-way to serve land that has
been, or is to be, disposed of pursuant to that Act
(other than rights-of-way granted pursuant to that Act)
and this Act.''.
(2) Availability of special account under lincoln county
conservation, recreation, and development act of 2004.--Section
103 of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is
amended--
(A) in subsection (b)(3)--
(i) in subparagraph (E), by striking ``;
and'' at the end and inserting a semicolon;
(ii) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) development and implementation of
comprehensive, cost-effective, and multijurisdictional
hazardous fuels reduction and wildfire prevention
planning activities (particularly for pinyon-juniper
dominated landscapes) and other rangeland and woodland
restoration projects within the County, consistent with
the Ely Resource Management Plan or any subsequent
revisions or amendments to that plan.''; and
(B) by adding at the end the following:
``(d) Cooperative Agreements.--The Director of the Bureau of Land
Management shall enter into cooperative agreements with the County for
County-provided law enforcement and planning related activities
approved by the Secretary regarding--
``(1) wilderness in the County designated by this Act;
``(2) cultural resources identified, protected, and managed
pursuant to this Act;
``(3) planning, management, and law enforcement associated
with the Silver State OHV Trail designated by this Act; and
``(4) planning associated with land disposal and related
land use authorizations required for utility corridors and
rights-of-way to serve land that has been, or is to be,
disposed of pursuant to this Act (other than rights-of-way
granted pursuant to this Act) and the Lincoln County Land Act
of 2000 (Public Law 106-298; 114 Stat. 1046).''.
(b) Disposition of Proceeds.--
(1) Disposition of proceeds under lincoln county land act
of 2000.--Section 5(a)(2) of the Lincoln County Land Act of
2000 (Public Law 106-298; 114 Stat. 1047) is amended by
inserting ``and economic development'' after ``schools''.
(2) Disposition of proceeds under lincoln county
conservation, recreation, and development act of 2004.--Section
103(b)(2) of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is
amended by striking ``and transportation'' and inserting
``transportation, and economic development''.
(c) Modification of Utility Corridor.--The Secretary of the
Interior shall realign the utility corridor established by section
301(a) of the Lincoln County Conservation, Recreation, and Development
Act of 2004 (Public Law 108-424; 118 Stat. 2412) to be aligned as
generally depicted on the map entitled ``Proposed LCCRDA Utility
Corridor Realignment'' and dated March 14, 2017, by modifying the map
entitled ``Lincoln County Conservation, Recreation, and Development
Act'' (referred to in this subsection as the ``Map'') and dated October
1, 2004, by--
(1) removing the utility corridor from 5, 6, 7, 8, 9, 10,
11, 14, and 15, T. 7 N., R. 68 E., of the Map; and
(2) redesignating the utility corridor so as to appear in--
(A) sections 31, 32, and 33, T. 8 N., R. 68 E., of
the Map;
(B) sections 4, 5, 6, and 7, T. 7 N., R. 68 E., of
the Map; and
(C) sections 1 and 12, T. 7 N., 67 E., of the Map.
(d) Final Corrective Patent in Clark County, Nevada.--
(1) Validation of patent.--Patent number 27-2005-0081
issued by the Bureau of Land Management on February 18, 2005,
is affirmed and validated as having been issued pursuant to,
and in compliance with, the Nevada-Florida Land Exchange
Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52),
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.), and the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) for the benefit of the desert
tortoise, other species, and the habitat of the desert tortoise
and other species to increase the likelihood of the recovery of
the desert tortoise and other species.
(2) Ratification of reconfiguration.--The process used by
the United States Fish and Wildlife Service and the Bureau of
Land Management in reconfiguring the land described in
paragraph (1), as depicted on Exhibit 1-4 of the Final
Environmental Impact Statement for the Planned Development
Project MSHCP, Lincoln County, NV (FWS-R8-ES-2008-N0136) and
the reconfiguration provided for in special condition 10 of the
Corps of Engineers Permit No. 000005042 are ratified.
(e) Issuance of Corrective Patent in Lincoln County, Nevada.--
(1) In general.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, may
issue a corrective patent for the 7,548 acres of land in
Lincoln County, Nevada, depicted on the map prepared by the
Bureau of Land Management entitled ``Proposed Lincoln County
Land Reconfiguration'' and dated January 28, 2016.
(2) Applicable law.--A corrective patent issued under
paragraph (1) shall be considered to have been issued pursuant
to, and in compliance with, the Nevada-Florida Land Exchange
Authorization Act of 1988 (Public Law 100-275; 102 Stat. 52).
SEC. 3. MT. MORIAH WILDERNESS, HIGH SCHELLS WILDERNESS, AND ARC DOME
WILDERNESS BOUNDARY ADJUSTMENTS.
(a) Amendments to the Pam White Wilderness Act.--Section 323 of the
Pam White Wilderness Act of 2006 (16 U.S.C. 1132 note; Public Law 109-
432; 120 Stat. 3031) is amended by striking subsection (e) and
inserting the following:
``(e) Mt. Moriah Wilderness Adjustment.--The boundary of the Mt.
Moriah Wilderness established under section 2(13) of the Nevada
Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-
195) is adjusted to include--
``(1) the land identified as the `Mount Moriah Wilderness
Area' and `Mount Moriah Additions' on the map entitled `Eastern
White Pine County' and dated November 29, 2006; and
``(2) the land identified as `NFS Lands' on the map
entitled `Proposed Wilderness Boundary Adjustment Mt. Moriah
Wilderness Area' and dated January 17, 2017.
``(f) High Schells Wilderness Adjustment.--The boundary of the High
Schells Wilderness established under subsection (a)(11) is adjusted to
include the land identified as `Include as Wilderness' on the map
entitled `McCoy Creek Adjustment' and dated November 3, 2014, and to
exclude the land identified as `NFS Lands' on the map entitled
`Proposed Wilderness Boundary Adjustment High Schells Wilderness Area'
and dated January 19, 2017.''.
(b) Amendments to the Nevada Wilderness Protection Act of 1989.--
The Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note;
Public Law 101-195; 103 Stat. 1784) is amended by adding at the end the
following:
``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT.
``The boundary of the Arc Dome Wilderness established under section
2(2) is adjusted to exclude the land identified as `Exclude from
Wilderness' on the map entitled `Arc Dome Adjustment' and dated
November 3, 2014.''.
SEC. 4. IMPLEMENTATION OF WHITE PINE COUNTY CONSERVATION, RECREATION,
AND DEVELOPMENT ACT.
(a) Disposition of Proceeds.--Section 312 of the White Pine County
Conservation, Recreation, and Development Act of 2006 (Public Law 109-
432; 120 Stat. 3030) is amended--
(1) in paragraph (2), by striking ``and planning'' and
inserting ``municipal water and sewer infrastructure, public
electric transmission facilities, public broadband
infrastructure, and planning''; and
(2) in paragraph (3)--
(A) in subparagraph (G), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (H), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(I) processing by a government entity of public
land use authorizations and rights-of-way relating to
the development of land conveyed to the County under
this Act, with an emphasis on authorizations and
rights-of-way relating to any infrastructure needed for
the expansion of the White Pine County Industrial Park
under section 352(c)(2).''.
(b) Conveyance to White Pine County, Nevada.--Section 352 of the
White Pine County Conservation, Recreation, and Development Act of 2006
(Public Law 109-432; 120 Stat. 3039) is amended--
(1) in subsection (a), by striking ``the Secretary'' and
inserting ``not later than December 31, 2018, the Secretary'';
(2) in subsection (c)(3)(B)(i), by striking ``through a
competitive bidding process'' and inserting ``consistent with
section 244 of the Nevada Revised Statutes (as in effect on the
date of enactment of the Eastern Nevada Economic Development
and Land Management Improvement Act)''; and
(3) by adding at the end the following:
``(e) Deadline.--If the Secretary has not conveyed to the County
the parcels of land described in subsection (b) by December 31, 2018,
the Secretary shall immediately convey to the County, without
consideration, all right, title, and interest of the United States in
and to the parcels of land.''. | Eastern Nevada Economic Development and Land Management Improvement Act This bill amends the Lincoln County Land Act of 2000 (LCLA) to require implementation of a multispecies habitat conservation plan in Lincoln County, Nevada. Both the LCLA and the Lincoln County Conservation, Recreation, and Development Act of 2004 (LCCRDA) are amended to make certain amounts available for comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning activities (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the county, consistent with the Ely Resource Management Plan or subsequent revisions or amendments to it. The bill requires cooperative agreements between the Bureau of Land Management (BLM) and Lincoln County for certain county-provided law enforcement and planning-related activities approved by the Department of the Interior. Certain portions of land sale proceeds returned to the County under the LCLA and the LCCRDA shall be used for economic development. Under the LCCRDA Interior shall realign a specified portion of a 2,640-foot wide utility corridor. The bill: affirms and validates patent number 27-2005-0081 issued by the BLM on February 18, 2005, for the benefit of the desert tortoise, other species, and their habitats, to increase the likelihood of their recovery; and ratifies the processes used by the U.S. Fish and Wildlife Service and the BLM in reconfiguring the land covered by the patent. The BLM may issue a corrective patent for 7,548 specified acres of land in Lincoln County. The bill amends the Pam White Wilderness Act to adjust the boundary of the Mt. Moriah Wilderness to include specified lands, and the boundary of the High Schells Wilderness to include and exclude specified lands. The bill amends the Nevada Wilderness Protection Act of 1989 to adjust the boundary of the Arc Dome Wilderness to exclude specified land. The bill amends the White Pine County Conservation, Recreation, and Development Act of 2006 to require the portions of the proceeds from certain BLM land sales in White Pine County that are: paid to the county to also be used for municipal water and sewer infrastructure, public electric transmission facilities, and public broadband infrastructure; and deposited into the White Pine County Special Account, to be used by Interior for processing public land use authorizations and rights-of-way relating to the development of the land conveyed to the county under such Act, with an emphasis on authorizations and rights-of-way relating to any infrastructure needed for the expansion of the White Pine County Industrial Park. The bill further amends such Act to: (1) instruct, by December 31, 2018, the Departments of Agriculture and of the Interior, to convey certain lands to White Pine County, without consideration, in accordance with such Act, and if the conveyance has not been completed by such deadline, to immediately convey them to the county; and (2) allow the county, after the conveyance of those lands, to sell, lease, or convey the portion to be used for nonresidential development related to the expansion of Ely Airport and the industrial park, consistent with section 244 of the Nevada Revised Statutes effective as of this bill's enactment (currently, through a competitive bidding process). | {"src": "billsum_train", "title": "Eastern Nevada Economic Development and Land Management Improvement Act"} | 2,908 | 713 | 0.630903 | 2.349409 | 0.771208 | 3.473344 | 4.042003 | 0.836834 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consequences for Russia's Arms
Control Violations Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A public report in the New York Times on January 29,
2014, revealed that the Russian Federation is no longer in
compliance with the Treaty Between the United States of America
and the Union of Soviet Socialist Republics on the Elimination
of Their Intermediate-Range and Shorter-Range Missiles,
commonly referred to as the Intermediate-Range Nuclear Forces
(INF) Treaty, signed at Washington December 8, 1987, and
entered into force June 1, 1988.
(2) On April 29, 2014, Acting Assistant Secretary of State
for Arms Control, Verification and Compliance Anita E. Friedt
stated in testimony before the Committee on Foreign Affairs of
the House of Representatives that, ``[w]e have concerns about
Russian compliance with the INF Treaty. We have raised them
with Russia and are pressing for clear answers in an effort to
resolve our concerns because of the importance of the INF
Treaty to Euro-Atlantic security. We've briefed our NATO allies
on our concerns and will continue to coordinate with them on
this and other matters that affect our common security. We have
been keeping Congress informed on this matter through briefings
with relevant congressional committees and will continue to do
so. We will continue to work with Russia to resolve our
concerns, and to encourage mutual steps to help foster a more
stable, resilient, transparent security relationship. We're not
going to drop the issue until our concerns have been
addressed.''.
(3) On March 5, 2014, the Deputy Assistant Secretary of
Defense for Nuclear and Missile Defense Policy, Ms. Elaine Bunn
said to the Committee on Armed Services of the Senate, ``[W]e
are concerned about Russian activity that appears to be
inconsistent with the Intermediate Range Nuclear Forces Treaty.
We've raised the issue with Russia. They provided an answer
that was not satisfactory to us, and we will, we told them that
the issue is not closed, and we will continue to raise this.''.
(4) On April 2, 2014, the Commander, U.S. European Command,
and Supreme Allied Commander Europe, General Breedlove, stated
that, ``A weapon capability that violates the INF, that is
introduced into the greater European land mass is absolutely a
tool that will have to be dealt with . . . I would not judge
how the alliance will choose to react, but I would say they
will have to consider what to do about it . . . It can't go
unanswered.''.
(5) The Russian Federation succeeded to the INF Treaty
obligations of the Union of Soviet Socialist Republics in a
declaration issued at Biskek, Kyrgyzstan, in October 1992.
(6) The flight test or deployment of any INF-banned weapon
delivery vehicle by the Russian Federation constitutes a
militarily significant violation of the INF Treaty.
(7) The INF Treaty has unlimited duration, but, under the
terms of the Treaty, inspections and continuous monitoring of
Russian missile production under the Treaty ceased on June 1,
2001, thus the Treaty no longer offers any verification to
detect any militarily significant violations.
(8) A major problem exists with respect to the application
of the INF Treaty to any new ballistic or cruise missile that
is flight tested or otherwise flown once at a range not
prohibited by the Treaty (that is a range less than 500
kilometers or more than 5,500 kilometers) but will be flown at
a range that is banned by the Treaty (at a range that is
between 500 and 5,500 kilometers) as a weapon delivery vehicle.
(9) President Obama has not made use of any INF Treaty-
provided means to address Russian noncompliance with the
Treaty, to include convening a meeting of the Treaty's Special
Verification Commission under Article XIII of the Treaty.
(10) The Committee on Foreign Relations of the Senate noted
in its 1988 report on the INF Treaty that, ``In the event
Soviet actions appear to contradict their obligations under the
treaty, Congress should be kept fully informed. Any
questionable activity should be fully discussed in the Special
Verification Commission. If the Soviet Union has not, after a
sufficient period of time, satisfied United States concerns or
ceased the activity in question, and if the Soviet activity is
deemed to be militarily significant, the President should
propose implementation of an appropriate and proportionate
response.''.
(11) The Administration has not made any serious or
credible effort, over several years, to respond to violations
by the Russian Federation of its obligations under the INF
Treaty.
(12) The INF Treaty is no longer effectively verifiable.
(13) The Russian Federation's actions, as detailed in the
January 29, 2014, report of the New York Times have defeated
the object and purpose of the INF Treaty.
(14) Continued noncompliance by the Russian Federation with
its obligations under the INF Treaty and continued United
States adherence to the INF Treaty, in light of failure to
respond in a timely manner to Russian noncompliance, places the
supreme interests of the United States and its allies in the
North Atlantic Treaty Organization (NATO) in jeopardy.
(15) The Russian Federation has violated its obligations
under the 1994 Budapest Memorandum on Security Assurances and
has rendered null the effect and assurances of the NATO-Russia
Founding Act of 1997.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Russian Federation, through its flight testing of
both a ballistic missile intended for intermediate-range
targets as well its flight testing of a ground-launched cruise
missile prohibited by the INF Treaty has acted contrary to the
object and purpose of a central purpose of the Treaty and is
therefore in material breach of its obligations under the
Treaty; and
(2) the President, after consultation with United States
allies directly affected by such Russian Federation ballistic
missiles or cruise missiles, should take such actions as the
President determines to be necessary to deny the Russian
Federation any militarily significant advantage resulting from
its noncompliance with the INF Treaty.
SEC. 4. LIMITATION ON FUNDS FOR PROGRAMS, PROJECTS, OR ACTIVITIES OF
THE U.S.-RUSSIA BILATERAL PRESIDENTIAL COMMISSION.
No funds made available to the Department of State may be used to
carry out programs, projects, or activities of the U.S.-Russia
Bilateral Presidential Commission until the President certifies to the
appropriate congressional committees that the Russian Federation as of
the date of the certification has or has not flight tested a ballistic
missile at strategic range in a configuration (booster stages, post-
boost vehicle, or reentry vehicles) that is unlike a configuration that
is used for remaining tests of the system at ranges that are prohibited
under the INF Treaty.
SEC. 5. PROGRAM TO RESEARCH AND DEVELOP GROUND-LAUNCHED CRUISE MISSILE
AND GROUND-LAUNCHED BALLISTIC MISSILE CAPABILITIES.
(a) Program Required.--The President shall establish and carry out
a program to research and develop ground-launched cruise missile and
ground-launched ballistic missile capabilities, including by
modification of exiting United States military capabilities, with a
range between 500 and 5,500 kilometers.
(b) Study and Report.--
(1) Study.--The President shall conduct a study for
potential sites of the cruise missile and ballistic missile
capabilities specified in subsection (a). In conducting the
study, the President shall consider selecting sites on United
States overseas military bases and sites offered by United
States allies.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report that contains the
results of the study.
(c) Waiver.--The President may waive the requirement to establish
and carry out the program under subsection (a) if, on or before October
1, 2014, the President certifies to the appropriate congressional
committees that--
(1) the Russian Federation is in compliance with all of its
obligations under the INF Treaty; and
(2) the Russian Federation has verifiably and completely
eliminated any military system that it has developed, flight
tested, and deployed in violation of the INF Treaty.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the President $100,000,000 for fiscal year 2015 to
carry out the program under subsection (a).
SEC. 6. ADDITIONAL DEFENSIVE RESPONSES TO RUSSIAN FEDERATION'S
VIOLATION OF INF TREATY.
The Secretary of Defense shall ensure that the Aegis Ashore sites
in Romania and Poland are deployed, consistent with the timelines
established in the Ballistic Missile Defense Review of 2010, with an
operational capability to defend against short-, medium-, and
intermediate-range ballistic missiles and cruise missiles launched by
the Russian Federation.
SEC. 7. SANCTIONS.
(a) In General.--If, on or before the date that is 180 days after
the date of the enactment of this section, the President does not
certify to the appropriate congressional committees that the Russian
Federation is not developing or deploying any military system that
violates or circumvents the INF Treaty, the President shall impose the
sanctions described in subsection (b).
(b) Sanctions Described.--The sanctions referred to in subsection
(a) are the following:
(1) The President shall suspend any cooperation with the
Russian Federation related to any aspect of the United States
program for national, theater, or regional missile defense,
including any provision of any data generated by the United
States in any test of any missile defense technology.
(2) The President shall deny any license pursuant to
section 57 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2077
b.) for the export of any nuclear material, equipment, or
technology to the Russian Federation.
(3) The President shall terminate the United States of the
Agreement Between the Government of the United States of
America and the Government of the Russian Federation for
Cooperation in the Field of Peaceful Uses of Nuclear Energy,
entered into force January 12, 2011, in accordance with the
provisions of Article 20(1) of that Agreement.
(4) The President shall not award any United States
Government contract to a private or public entity in the
Russian Federation.
(c) Waiver.--The President may waive the requirement to impose
sanctions under this section beginning on or after the date on which
the President certifies to the appropriate congressional committees
that the Russian Federation has provided to the United States the
following:
(1) A list of all intermediate-range and shorter-range
missiles, as such terms are defined in the INF Treaty, as well
as their launchers, support structures, and support equipment
that are not intermediate-range and shorter-range missiles
listed under Article III of the Treaty as existing types and
which have been designed, developed, flight tested or deployed
by the Russian Federation since June 1, 2001.
(2) A list of all deployment bases for any intermediate-
range and shorter-range missiles, as such terms are defined in
the INF Treaty, including in particular, any base for any road-
mobile, ground-launched ballistic and cruise missiles that are
not bases at which such missiles were located on June 1, 2001.
(3) A list of all flight tests carried out by the Russian
Federation for any new type of ground-launched ballistic or
cruise missile which has been flight tested at one or more
times below a range of 500 kilometers or above 5,500
kilometers.
(4) A list of all production facilities used for the design
and development of any ballistic or cruise missile that is
prohibited under the INF Treaty.
(5) A description of the reasons that the Government of the
Russian Federation has provided for undertaking the design,
development, and deployment of any ballistic or cruise missile
that is prohibited under the INF Treaty.
SEC. 8. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Affairs,
and the Permanent Select Committee on Intelligence of
the House of Representatives; and
(B) the Committee on Appropriations, the Committee
on Armed Services, the Committee on Foreign Relations,
and the Select Committee on Intelligence of the Senate.
(2) INF treaty or treaty.--The term ``INF Treaty'' or
``Treaty'' means the Treaty Between the United States of
America and the Union of Soviet Socialist Republics on the
Elimination of Their Intermediate-Range and Shorter-Range
Missiles, commonly referred to as the Intermediate-Range
Nuclear Forces (INF) Treaty, signed at Washington December 8,
1987, and entered into force June 1, 1988. | Consequences for Russia's Arms Control Violations Act of 2014 - Expresses the sense of Congress that: the Russian Federation is in material breach of its Intermediate-Range Nuclear Forces (INF) Treaty obligations through its prohibited flight testing of both ballistic intermediate-range and cruise missiles, and the President should take actions to deny the Russian Federation any militarily significant advantage resulting from its noncompliance. Prohibits the use of Department of State funds to carry out programs of the U.S.-Russia Bilateral Presidential Commission until the President certifies to Congress that the Russian Federation has or has not performed certain prohibited ballistic missile flight tests. Directs: the President to establish a program to develop certain ground-launched cruise missile and ground-launched ballistic missile capabilities; and the Secretary of Defense (DOD) to ensure that the Aegis Ashore sites in Romania and Poland are deployed with an operational capability to defend against cruise missiles and short-, medium-, and intermediate-range ballistic missiles launched from the Russian Federation. Authorizes the President to waive the requirement to establish such missile development program if the Russian Federation is in compliance with its Treaty obligations and has eliminated any military system that was developed and deployed in violation of the Treaty. States that, if the President does not certify to Congress that the Russian Federation is not developing or deploying any military system that violates or circumvents the Treaty, the President shall: suspend any cooperation with the Russian Federation related to any aspect of the U.S. program for national, theater, or regional missile defense; deny any license for the export of nuclear material, equipment, or technology to the Russian Federation; terminate the Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy; and not award any U.S. government contract to a private or public entity in the Russian Federation. Authorizes the President to waive such sanctions in specified circumstances. | {"src": "billsum_train", "title": "Consequences for Russia's Arms Control Violations Act of 2014"} | 2,880 | 439 | 0.432571 | 1.513935 | 0.672257 | 4.514745 | 7.064343 | 0.9437 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Sanctions Enabling Act of
2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Convention on the Prevention and Punishment of the
Crime of Genocide, completed at Paris, December 9, 1948
(commonly referred to as the ``Genocide Convention'') defines
genocide as, among other things, the act of killing members of
a national, ethnic, racial, or religious group with the intent
to destroy, in whole or in part, the targeted group. In
addition, the Genocide Convention also prohibits conspiracy to
commit genocide, as well as ``direct and public incitement to
commit genocide''.
(2) 133 member states of the United Nations have ratified
the Genocide Convention and thereby pledged to prosecute
individuals who violate the Genocide Convention's prohibition
on incitement to commit genocide, as well as those individuals
who commit genocide directly.
(3) On October 27, 2005, at the World Without Zionism
Conference in Tehran, Iran, the President of Iran, Mahmoud
Ahmadinejad, called for Israel to be ``wiped off the map,''
described Israel as ``a disgraceful blot [on] the face of the
Islamic world,'' and declared that ``[a]nybody who recognizes
Israel will burn in the fire of the Islamic nation's fury.''
President Ahmadinejad has subsequently made similar types of
comments, and the Government of Iran has displayed inflammatory
symbols that express similar intent.
(4) On December 23, 2006, the United Nations Security
Council unanimously approved Resolution 1737, which bans the
supply of nuclear technology and equipment to Iran and freezes
the assets of certain organizations and individuals involved in
Iran's nuclear program, until Iran suspends its enrichment of
uranium, as verified by the International Atomic Energy Agency.
(5) Following Iran's failure to comply with Resolution
1737, on March 24, 2007, the United Nations Security Council
unanimously approved Resolution 1747, to tighten sanctions on
Iran, imposing a ban on arms sales and expanding the freeze on
assets, in response to the country's uranium-enrichment
activities.
(6) There are now signs of domestic discontent within Iran,
and targeted financial and economic measures could produce
further political pressure within Iran. According to the
Economist Intelligence Unit, the nuclear crisis ``is imposing a
heavy opportunity cost on Iran's economic development, slowing
down investment in the oil, gas, and petrochemical sectors, as
well as in critical infrastructure projects, including
electricity''.
(7) Targeted financial measures represent one of the
strongest non-military tools available to convince Tehran that
it can no longer afford to engage in dangerous, destabilizing
activities such as its nuclear weapons program and its support
for terrorism.
(8) Foreign persons that have invested in Iran's energy
sector, despite Iran's support of international terrorism and
its nuclear program, have provided additional financial means
for Iran's activities in these areas, and many United States
persons have unknowingly invested in those same foreign
persons.
(9) There is an increasing interest by States, local
governments, educational institutions, and private institutions
to seek to disassociate themselves from companies that directly
or indirectly support the Government of Iran's efforts to
achieve a nuclear weapons capability.
(10) Policy makers and fund managers may find moral,
prudential, or reputational reasons to divest from companies
that accept the business risk of operating in countries that
are subject to international economic sanctions or that have
business relationships with countries, governments, or entities
with which any United States company would be prohibited from
dealing because of economic sanctions imposed by the United
States.
SEC. 3. TRANSPARENCY IN CAPITAL MARKETS.
(a) List of Persons Investing in Iran Energy Sector or Selling arms
to the Government of Iran.--
(1) Publication of list.--Not later than 6 months after the
date of the enactment of this Act and every 6 months
thereafter, the President or a designee of the President shall,
using only publicly available (including proprietary)
information, ensure publication in the Federal Register of a
list of each person, whether within or outside of the United
States, that, as of the date of the publication, has an
investment of more than $20,000,000 in the energy sector in
Iran, sells arms to the Government of Iran, or is a financial
institution that extends $20,000,000 or more in credit to the
Government of Iran for 45 days or more. To the extent
practicable, the list shall include a description of the
investment made by each such person, including the dollar
value, intended purpose, and status of the investment, as of
the date of the publication.
(2) Prior notice to persons.--The President or a designee
of the President shall, at least 30 days before the list is
published under paragraph (1), notify each person that the
President or the designee, as the case may be, intends to
include on the list.
(3) Delay in including persons on the list.--After
notifying a person under paragraph (2), the President or a
designee of the President may delay including that person on
the list for up to 60 days if the President or the designee
determines and certifies to the Congress that the person has
taken specific and effective actions to terminate the
involvement of the person in the activities that resulted in
the notification under paragraph (2).
(4) Removal of persons from the list.--The President or a
designee of the President may remove a person from the list
before the next publication of the list under paragraph (1) if
the President or the designee determines that the person does
not have an investment of more than $20,000,000 in the energy
sector in Iran, does not sell arms to the Government of Iran,
and is not a financial institution that extends $20,000,000 or
more in credit to the Government of Iran for 45 days or more.
(b) Publication on Website.--The President or a designee of the
President shall ensure that the list is published on an appropriate
government website, updating the list as necessary to take into account
any person removed from the list under subsection (a)(4).
(c) Definition.--In this section, the term ``investment'' has the
meaning given that term in section 14(9) of the Iran Sanctions Act (50
U.S.C. 1701 App.).
SEC. 4. AUTHORITY OF STATE AND LOCAL GOVERNMENTS TO DIVEST FROM CERTAIN
COMPANIES INVESTED IN IRAN'S ENERGY SECTOR.
(a) Statement of Policy.--It is the policy of the United States to
support the decision of State governments, local governments, and
educational institutions to divest from, and to prohibit the investment
of assets they control in, persons that have investments of more than
$20,000,000 in Iran's energy sector, persons that sell arms to the
Government of Iran, and financial institutions that extend $20,000,000
or more in credit to the Government of Iran for 45 days or more.
(b) Authority to Divest.--
(1) In general.--Notwithstanding any other provision of
law, a State or local government may adopt and enforce measures
to divest the assets of the State or local government from, or
prohibit investment of the assets of the State or local
government in--
(A) persons that are included on the list most
recently published under section 3(a)(1), as modified
under section 3(a)(4);
(B) persons that sell arms to the Government of
Iran;
(C) financial institutions that extend $20,000,000
or more in credit to the Government of Iran for 45 days
or more; and
(D) persons that are included on any list of
entities with investments in Iran, entities doing
business in Iran, or entities doing business with the
Government of Iran, which is issued pursuant to a law
that--
(i) authorizes a State or local government
to divest from, or prohibits a State or local
government from investing assets in, the
persons; and
(ii) is enacted by a State or local
government on or before the first publication
of a list under section 3.
(2) Definitions.--In this subsection:
(A) Investment.--The ``investment'' of assets
includes--
(i) a commitment or contribution of assets;
and
(ii) a loan or other extension of credit of
assets.
(B) Assets.--The term ``assets'' refers to public
monies and includes any pension, retirement, annuity,
or endowment fund, or similar instrument, that is
controlled, directly or indirectly, by a State or local
government.
(c) Preemption.--A measure of a State or local government that is
authorized by subsection (b) is not preempted by any Federal law or
regulation.
SEC. 5. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY MUTUAL FUNDS.
Section 13 of the Investment Company Act of 1940 (15 U.S.C. 80a-13)
is amended by adding at the end the following new subsection:
``(c) Safe Harbor for Changes in Investment Policies.--
Notwithstanding any other provision of Federal or State law, no person
may bring any civil, criminal, or administrative action against any
registered investment company or person providing services to such
registered investment company (including its investment adviser), or
any employee, officer, or director thereof, based solely upon the
investment company divesting from, or avoiding investing in, securities
issued by companies that are included on the most recent list published
under section 3(a)(1) of the Iran Sanctions Enabling Act of 2007, as
modified under section 3(b) of that Act. For purposes of this
subsection the term `person' shall include the Federal government, and
any State or political subdivision of a State.''.
SEC. 6. SAFE HARBOR FOR CHANGES OF INVESTMENT POLICIES BY EMPLOYEE
BENEFIT PLANS.
Section 502 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1132) is amended by adding at the end the following new
subsection:
``(n) No person shall be treated as breaching any of the
responsibilities, obligations, or duties imposed upon fiduciaries by
this title, and no action may be brought under this section against any
person, for divesting plan assets from, or avoiding investing plan
assets in, persons that are included on the most recent list published
under section 3(a)(1) of the Iran Sanctions Enabling Act, as modified
under section 3(a)(4) of such Act.''.
SEC. 7. RULE OF INTERPRETATION.
Nothing in this Act shall be interpreted to limit the authority of
any person to divest, or avoid investment in, any asset, or to adopt or
enforce any measure to do so.
SEC. 8. DEFINITIONS.
In this Act:
(1) Iran.--the term ``Iran'' includes any agency or
instrumentality of Iran.
(2) Energy sector.--The term ``energy sector'' refers to
activities to develop petroleum or natural gas resources, or
nuclear power.
(3) Person.--The term ``person'' means--
(A) a natural person as well as a corporation,
business association, partnership, society, trust, any
other nongovernmental entity, organization, or group;
(B) any governmental entity or instrumentality of a
government, including a multilateral development
institution (as defined in section 1701(c)(3) of the
International Financial Institutions Act); and
(C) any successor, subunit, or subsidiary of any
entity described in subparagraph (A) or (B).
(4) State.--The term ``State'' includes 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.
(5) State or local government.--
(A) In general.--The term ``State or local
government'' includes--
(i) any State and any agency or
instrumentality thereof;
(ii) any local government within a State,
and any agency or instrumentality thereof;
(iii) any other governmental
instrumentality; and
(iv) any public institution of higher
education.
(B) Public institution of higher education.--The
term ``public institution of higher education'' means a
public institution of higher education within the
meaning of the Higher Education Act of 1965.
SEC. 9. SUNSET.
This Act shall terminate 30 days after the date on which the
President has certified to Congress that--
(1) the Government of Iran has ceased providing support for
acts of international terrorism and no longer satisfies the
requirements for designation as a state-sponsor of terrorism
for purposes of section 6(j) of the Export Administration Act
of 1979, section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, or any other
provision of law; and
(2) Iran has ceased the pursuit, acquisition, and
development of nuclear, biological, and chemical weapons and
ballistic missiles and ballistic missile launch technology.
Passed the House of Representatives July 31, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Iran Sanctions Enabling Act of 2007 - (Sec. 3) Directs the President to ensure biannual publication in the Federal Register of a list of each person that: (1) has an investment of more than $20 million in the energy sector in Iran; (2) sells arms to the government of Iran; or (3) is a financial institution that extends $20 million or more in credit for 45 days or more to the government of Iran.
Instructs the President to use only publicly available (including proprietary) information when compiling such list.
Requires the list to: (1) describe to the extent practicable the investment made by each listed person, including dollar value, intended purpose, and status as of the date of publication; and (2) be updated and published on a government website.
Declares it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in: (1) persons that have investments of more than $20 million in Iran's energy sector; (2) persons that sell arms to the government of Iran; and (3) financial institutions that extend $20 million or more in credit for 45 days or more to the government of Iran.
Authorizes a governmental entity to adopt and enforce measures to divest its assets from, or prohibit investment of assets in a person that: (1) is included on the most recent list; (2) sells arms to the government of Iran; (3) is a financial institution that extends $20 million or more in credit for 45 days or more to the government of Iran; or (4) is included on a state or local government-authorized list of entities invested in or doing business in or with Iran.
(Sec. 5) Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based solely upon its divesting from, or avoiding investing in, securities issued by companies included on such most recent list.
(Sec. 6) Amends the Employee Retirement Income Security Act of 1974 (ERISA) to shield from treatment as breaching a fiduciary duty any person divesting plan assets from, or avoiding investing plan assets in, persons included on such most recent list.
(Sec. 9) Terminates this Act 30 days after the President certifies to Congress that the government of Iran has ceased: (1) providing support for acts of international terrorism and no longer satisfies the requirements for designation as a state-sponsor of terrorism; and (2) the pursuit, acquisition, and development of nuclear, biological, and chemical weapons and ballistic missiles and ballistic missile launch technology. | {"src": "billsum_train", "title": "A bill to authorize State and local governments to direct divestiture from, and prevent investment in, companies with investments of $20,000,000 or more in Iran's energy sector, companies that sell arms to the Government of Iran, and financial institutions that extend $20,000,000 or more in credit to the Government of Iran for 45 days or more, and for other purposes."} | 2,948 | 573 | 0.439505 | 1.611596 | 0.599563 | 4.340824 | 5.044944 | 0.94382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SSI Reform Act of 1993''.
SEC. 2. INCREASE IN INCOME AND RESOURCE ELIGIBILITY STANDARDS AND
BENEFITS; ELIMINATION OF CERTAIN RESOURCE EXCLUSIONS.
(a) Increase in Income and Resource Eligibility Standards.--
(1) In general.--Section 1611 of the Social Security Act
(42 U.S.C. 1382) is amended--
(A) in subsection (a)--
(i) in paragraph (1)(A)--
(I) by striking ``$1,752'' and
inserting ``the adjusted poverty
line''; and
(II) by striking ``1974'' and
inserting ``1994'';
(ii) in paragraph (2)(A)--
(I) by striking ``$2,628'' and
inserting ``150 percent of the adjusted
poverty line''; and
(II) by striking ``1974'' and
inserting ``1994''; and
(iii) in paragraph (3)--
(I) in subparagraph (A), by
striking ``and to $3,000 on January 1,
1989'' and inserting ``to $3,000 on
January 1, 1989, and to $10,500 on
January 1, 1994''; and
(II) in subparagraph (B), by
striking ``and to $3,000 on January 1,
1989'' and inserting ``to $3,000 on
January 1, 1989, and to $7,000 on
January 1, 1994''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by striking ``$1,752'' and
inserting ``the adjusted poverty
line''; and
(II) by striking ``1974'' and
inserting ``1994''; and
(ii) in paragraph (2)--
(I) by striking ``$2,628'' and
inserting ``150 percent of the adjusted
poverty line''; and
(II) by striking ``1974'' and
inserting ``1994''.
(2) Adjusted poverty line.--Subsection (a) of such section
(42 U.S.C. 1382(a)) is amended by adding at the end the
following:
``(4)(A) For purposes of this subsection and subsection (b), the
term `adjusted poverty line' means, with respect to a family--
``(i) 80 percent of the poverty line for calendar year
1994;
``(ii) 90 percent of the poverty line for calendar year
1995;
``(iii) 100 percent of the poverty line for calendar year
1996;
``(iv) 110 percent of the poverty line for calendar year
1997; and
``(v) 120 percent of the poverty line for calendar year
1998 and each calendar year thereafter.
``(B) As used in subparagraph (A), the term `poverty line' means,
with respect to a family, the official poverty line (as defined by the
Office of Management and Budget, and revised annually in accordance
with section 673(2) of the Omnibus Budget Reconciliation Act of 1981)
applicable to a family of the size involved.''.
(3) No reduction in benefits.--The amendments made by this
subsection shall not apply to any individual or couple whose
supplemental security income benefits under title XVI of the
Social Security Act would be reduced by reason of such
application.
(b) Elimination of Certain Resource Exclusions.--Section 1613 of
such Act (42 U.S.C. 1382b) is amended--
(1) in the 1st sentence of subsection (a)--
(A) in paragraph (2)--
(i) by striking ``(A)''; and
(ii) by striking subparagraph (B);
(B) in paragraph (4), by adding ``and'' at the end;
(C) by striking all that follows paragraph (6);
(D) in paragraph (6), by striking the semicolon and
inserting a period; and
(E) by striking paragraph (5) and redesignating
paragraph (6) as paragraph (5); and
(2) by striking subsection (d).
SEC. 3. IN-KIND SUPPORT AND MAINTENANCE DISREGARDED IN DETERMINING
INCOME.
Section 1612(a)(2) of the Social Security Act (42 U.S.C.
1382a(a)(2)) is amended--
(1) by inserting ``(other than support or maintenance
furnished in kind)'' after ``all other income'';
(2) in subparagraph (A)--
(A) by striking ``or kind'';
(B) by striking clause (i) and redesignating
clauses (ii) and (iii) as clauses (i) and (ii),
respectively; and
(C) in clause (ii) (as so redesignated), by
striking ``and the provisions of clause (i) shall not
be applicable''.
SEC. 4. WORK INCENTIVE.
Section 1612(b)(4) of the Social Security Act (42 U.S.C.
1382a(b)(4)) is amended--
(1) by striking ``$780'' each place such term appears and
inserting ``$2,400''; and
(2) by striking ``one-half'' each place such term appears
and inserting ``\2/3\''.
SEC. 5. PHASED-IN EXPANSION OF ELIGIBILITY BY REASON OF AGE.
(a) Age 64 for Calendar Year 1994.--
(1) In general.--Section 1614(a)(1)(A) of the Social
Security Act (42 U.S.C. 1382c(a)(1)(A)) is amended by striking
``65'' and inserting ``64''.
(2) Conforming amendments.--
(A) Section 1615(a)(1) of such Act (42 U.S.C.
1382d(a)(1)) is amended by striking ``65'' and
inserting ``64''.
(B) Section 1612(b)(4) of such Act (42 U.S.C.
1382a(b)) is amended by striking ``65'' each place such
term appears and inserting ``64''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 1994.
(b) Age 63 for Calendar Year 1995.--
(1) In general.--Section 1614(a)(1)(A) of such Act (42
U.S.C. 1382c(a)(1)(A)), as amended by subsection (a)(1) of this
section, is amended by striking ``64'' and inserting ``63''.
(2) Conforming amendments.--
(A) Section 1615(a)(1) of such Act (42 U.S.C.
1382d(a)(1)), as amended by subsection (a)(2)(A) of
this section, is amended by striking ``64'' and
inserting ``63''.
(B) Section 1612(b)(4) of such Act (42 U.S.C.
1382a(b)), as amended by subsection (a)(2)(B) of this
section, is amended by striking ``64'' each place such
term appears and inserting ``63''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 1995.
(c) Age 62 Thereafter.--
(1) In general.--Section 1614(a)(1)(A) of such Act (42
U.S.C. 1382c(a)(1)(A)), as amended by paragraph (2)(A) of this
subsection, is amended by striking ``63'' and inserting ``62''.
(2) Conforming amendments.--
(A) Section 1615(a)(1) of such Act (42 U.S.C.
1382d(a)(1)), as amended by subsections (a)(2)(A) and
(b)(2)(A) of this section, is amended by striking
``63'' and inserting ``62''.
(B) Section 1612(b)(4) of such Act (42 U.S.C.
1382a(b)), as amended by subsections (a)(2)(B) and
(b)(2)(B) of this section, is amended by striking
``63'' each place such term appears and inserting
``62''.
(3) Effective date.--The amendments made by this subsection
shall take effect on January 1, 1996. | SSI Reform Act of 1993 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act to: (1) increase the limit on the amount of income and resources needed to qualify for SSI; (2) increase the amount of SSI benefits payable; (3) eliminate certain resource exclusions and increase certain earned income exclusions; (4) disregard in-kind support and maintenance in determining income; and (5) phase-in an expansion of eligibility based on age. | {"src": "billsum_train", "title": "SSI Reform Act of 1993"} | 1,970 | 111 | 0.502645 | 1.167113 | 0.397944 | 2.295918 | 16.408163 | 0.846939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care for Working Families
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) every industrialized country in the world except the
United States guarantees the fundamental right to health care
to all its citizens;
(2) 41,000,000 Americans are without health insurance
coverage;
(3) the number of uninsured Americans is growing every
year;
(4) the vast majority of uninsured Americans are workers or
dependents of workers;
(5) for more than half a century, Congress has enacted laws
to ensure that work is appropriately rewarded, including laws
establishing a minimum wage and a 40 hour work week, laws
ensuring safe and healthy working conditions, and laws
requiring employers to contribute to the cost of retirement
security through Social Security and Medicare; and
(6) as the United States approaches the 21st century, it is
time to enact requirements guaranteeing that jobs carry with
them affordable, adequate health insurance benefits.
SEC. 3. HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES.
(a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.) is amended by adding at the end thereof the following new
title:
``TITLE II--HEALTH BENEFITS FOR EMPLOYEES AND THEIR FAMILIES
``SEC. 201. HEALTH BENEFITS.
``(a) Offer to Enroll.--
``(1) In general.--Each large employer, in accordance with
this title, shall offer to each of its employees the
opportunity to enroll in a qualifying health benefit plan that
provides coverage for the employee and the family of the
employee.
``(2) Qualifying health benefit plan.--For purposes of this
title, the term `qualifying health benefit plan' means a plan
that provides benefits for health care items and services that
are actuarily equivalent or greater in value than the benefits
offered as of January 1, 1998 under the Blue Cross/Blue Shield
Standard Plan provided under the Federal Employees Health
Benefit Program under chapter 89 of title 5, United States
Code, and that meets the requirements of title XXVII of the
Public Health Service Act applicable to the plan.
``(b) Contribution and Withholding.--
``(1) In general.--Each large employer, in accordance with
this title, shall--
``(A) contribute to the cost of any qualifying
health benefit plan offered to its employees under
subsection (a); and
``(B) withhold from the wages of an employee, the
employee share of the premium assessed for coverage
under the qualifying health benefit plan.
``(2) Required contribution.--Except as provided in
paragraphs (3) and (4), the portion of the total premium to be
paid by a large employer under paragraph (1)(A) shall not be
less than the portion of the total premium that the Federal
Government contributes under the Blue Cross/Blue Shield
Standard Plan provided under the Federal Employees Health
Benefit Program under chapter 89 of title 5, United States
Code.
``(3) Part-time employees.--With respect to an employee who
works less than 30 hours per week, the employer contribution
required under paragraph (2) shall be equal to the product of--
``(A) the contribution required under paragraph
(2); and
``(B) the ratio of number of hours worked by the
employee in a typical week to 30 hours.
``(4) Limitation.--No employer contribution shall be
required under this subsection with respect to an employee who
works less than 10 hours per week.
``(c) Employee Obligation Under Certain Programs.--
``(1) In general.--With respect to an employee covered
under a Federal health insurance program (as defined in
paragraph (3)), such employee shall accept an offer of health
insurance coverage under subsection (a) and agree to the
appropriate payroll withholdings under subsection (b)(1)(B) for
such coverage or provide for the payment of the employee share
of premiums under paragraph (2), except that this subsection
shall not apply--
``(A) with respect to an employee who is otherwise
covered under an employment-based qualified health
benefit plan; or
``(B) with respect to the coverage of a family
member of an employee if the employee does not elect
coverage for such family member and the family member
is otherwise covered under an employment-based
qualified health benefit plan.
``(2) Payment of premiums.--At the request of an employee
to which paragraph (1) applies, the relevant Federal
administrator of the Federal health insurance program involved
shall provide for the payment of the employee share of the
premium assessed for coverage under the qualifying health
benefit plan involved. For purposes of title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), the requirement of this
paragraph shall be deemed to be a requirement under the
appropriate State plan under such title XIX.
``(3) Federal health insurance program.--As used in this
subsection, the term `Federal health insurance program' means--
``(A) the medicare or medicaid program under title
XVIII or XIX of the Social Security Act (42 U.S.C. 1395
or 1396 et seq.);
``(B) the Federal employee health benefit program
under chapter 89 of title V, United States Code; or
``(C) the Civilian Health and Medical Program of
the Uniformed Services (CHAMPUS), as defined in section
1073(4) of title 10, United States Code.
``(d) Large Employers.--
``(1) In general.--The provisions of this title shall only
apply to large employers.
``(2) Definition.--
``(A) In general.--As used in paragraph (1), the
term `large employer' means, with respect to a calendar
year and plan year, an employer that employed an
average of at least 50 full-time employees on business
days during the preceding calendar year and who employs
not less than 50 employees on the first day of the plan
year.
``(B) Exception.--The provisions of this title
shall apply with respect to an employer that is not a
large employer under subparagraph (A) if the majority
of the services performed by such employer consist of
services performed on behalf of a single large
employer.
``(3) Contract workers.--For purposes of this title, a
contract worker of an employer shall be considered to be an
employee of the employer.
``SEC. 202. REQUIREMENTS RELATING TO TIMING OF COVERAGE AND
WITHHOLDING.
``(a) Date of Initial Coverage.--In the case of an employee
enrolled under a qualifying health benefit plan provided by a large
employer, the coverage under the plan must begin not later than 30 days
after the day on which the employee first performs an hour of service
as an employee of that employer.
``(b) Withholding Permitted.--No provision of State law shall
prevent an employer of an employee enrolled under a qualifying health
benefit plan established under this title from withholding the amount
of any premium due by the employee from the payroll of the employee.
``SEC. 203. ENFORCEMENT.
``(a) Civil Money Penalty Against Private Employers.--The
provisions of section 502--
``(1) relating to the commencement of civil actions by the
Secretary under subsection (a) of such section;
``(2) relating to civil money penalties under subsection
(c)(2) of such section; and
``(3) relating to the procedures for assessing, collecting
and the judicial review of such civil money penalties;
shall apply with respect to any large employer that does not comply
with this title.
``(b) Injunctive Relief.--The provisions of section 17 shall apply
with respect to violations of this title.
``SEC. 204. PREEMPTION.
``Nothing in this title shall be construed to prevent a State from
establishing, implementing, or continuing in effect standards and
requirements relating to employer provided health insurance coverage
unless such standards and requirements prevent the application of the
requirements of this title.
``SEC. 205. DEFINITION AND EFFECTIVE DATE.
``(a) Definition.--In this title the terms `family' and `family
member' mean, with respect to an employee, the spouse and children
(including adopted children) of the employee.
``(b) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
this title shall apply with respect to employers on January 1,
1999.
``(2) Collective bargaining agreements.--This title shall
apply with respect to employees covered under a collective
bargaining agreement on the first day of the first plan year
beginning after the date of enactment of this Act, or January
1, 1999, whichever occurs later.''.
(b) Conforming Amendments.--
(1) The Fair Labor Standards Act of 1938 is amended by
striking out the first section and inserting in lieu thereof
the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Fair Labor Standards Act of 1938'.
``TITLE I--WAGES AND HOURS''.
(2) The Fair Labor Standards Act of 1938 is amended by
striking out ``this Act'' each place it occurs and inserting in
lieu thereof ``this title''.
(3) Section 17 of the Fair Labor Standards Act of 1938 (29
U.S.C. 217) is amended by inserting ``or violations of title
II'' before the period.
SEC. 4. AMENDMENT TO PUBLIC HEALTH SERVICE ACT.
Title II of the Public Health Service Act (42 U.S.C. 202 et seq.)
is amended by adding at the end the following:
``SEC. 247. REQUIREMENT FOR HEALTH INSURANCE COVERAGE.
``A health insurance issuer (as defined in section 2791(a)) that
offers health insurance coverage (as defined in section 2791(a)) to an
employer on behalf of the employees of such employer shall ensure that
such coverage complies with the requirements of title II of the Fair
Labor Standards Act of 1938.''. | Health Care for Working Families Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish a new title II, Health Benefits for Employees and Their Families.
Requires each large employer to: (1) offer to each of its employees the opportunity to enroll in a qualifying health benefit plan that provides coverage for the employee and the employee's family; (2) contribute to the cost of such plan; and (3) withhold the employee share of the plan premium from the employee's wages.
Defines a large employer as one that employed an average of at least 50 full-time employees on business days during the preceding calendar year and employs at least 50 employees on the first day of the plan year. Considers contract workers as employees for such purposes.
Defines a qualifying health benefit plan as one that: (1) provides benefits for health care items and services that are actuarially equivalent or greater in value than those offered as of January 1, 1998, under the Blue Cross-Blue Shield (BC-BS) Standard Plan provided under the Federal Employees Health Benefit Program (FEHBP); and (2) meets applicable requirements under the Public Health Service Act. Sets the minimum required contribution by an employer at the same portion of the total premium as the Federal Government pays for such BC-BS Standard Plan under FEHBP. Sets forth a formula for determining such minimum employer contribution with respect to part- time workers who work less than 30 hours per week; but requires no employer contribution for employees working less than ten hours per week.
Requires any employee covered under a Federal health insurance program (including Medicare, Medicaid, FEHBP, and the Civilian Health and Medical Program of the Uniformed Services) to accept an employer's offer of health insurance coverage and agree to payroll withholdings, or request the Federal health insurance program to pay the employee share of the premium. Exempts from this requirement: (1) an employee otherwise covered under an employment-based qualified health benefit plan; or (2) a family member of a non-electing employee, where the family member is otherwise covered under an employment-based qualified health benefit plan.
Sets forth requirements relating to timing of coverage and withholding, enforcement, and preemption.
Amends the Public Health Service Act to require a health insurance issuer that offers employee health insurance coverage to an employer to ensure that such coverage complies with requirements of title II of FLSA. | {"src": "billsum_train", "title": "Health Care for Working Families Act"} | 2,291 | 521 | 0.615617 | 1.752936 | 0.717216 | 3.830544 | 4.39749 | 0.893305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Pharmacy Transparency and
Fair Auditing Act''.
SEC. 2. PHARMACY BENEFITS MANAGER STANDARDS UNDER MEDICARE FOR FAIR
AUDITS AND PAYMENTS TO PHARMACIES.
Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-
112(b)) is amended by adding at the end the following new paragraphs:
``(7) Pharmacy benefits manager transparency and proper
operations requirements.--Each contract entered into with a PDP
sponsor for the offering of a prescription drug plan under this
part for a plan year beginning after 2013 shall provide that
the PDP sponsor may not enter into a contract with any pharmacy
benefits manager to manage the prescription drug coverage
provided under such plan, or to control the costs of the
prescription drug coverage under such plan, unless the pharmacy
benefits manager satisfies the following requirements:
``(A) PBM audit requirements.--The following shall
apply to each audit of a pharmacy conducted by or for
the pharmacy benefits manager with respect to such
prescription drug plan:
``(i) The period covered by the audit may
not exceed 2 years from the date the claim
involved was submitted to or adjusted by the
pharmacy benefits manager.
``(ii) In the case the audit involves
clinical or professional judgment, the audit
shall be conducted by, or in consultation with,
a pharmacist licensed in the State of the audit
or the State board of pharmacy.
``(iii) The pharmacy benefits manager may
not apply recordkeeping requirements on the
pharmacy that are more stringent than such
requirements applied under Federal law or the
State law involved.
``(iv) The pharmacy benefits manager, or
the entity conducting the audit for the
pharmacy benefits manager, shall have in place
a written appeals process that shall include
procedures for appeals for preliminary reports
and final reports related to such audit.
``(v) The pharmacy, practice site, or other
entity may use the records of a hospital,
physician, or other authorized practitioner to
validate the pharmacy records and any legal
prescription (one that complies with State
Board of Pharmacy requirements) may be used to
validate claims submitted by the pharmacy in
connection with prescriptions, refills, or
changes in prescriptions.
``(vi) The pharmacy benefits manager may
not, pursuant to the audit, disallow or reduce
payment with respect to a claim submitted by
the pharmacy because of a clerical or
recordkeeping error (such as a typographical
error, scrivener's error, or computer error) if
there is an absence of intent to commit fraud.
``(vii) The pharmacy benefits manager or
other entity conducting the audit may not use
extrapolation or other statistical expansion
techniques in calculating any recoupment or
penalty pursuant to the audit.
``(viii) The pharmacy benefits manager
shall disclose the amount of each payment
recovered pursuant to the audit to the PDP
sponsor with a copy to the pharmacy.
``(ix) Any payment recovered by the
pharmacy benefit manager pursuant to the audit
shall be returned to the PDP sponsor.
``(B) Disclosure requirements.--In the case of a
pharmacy benefits manager that uses a maximum allowable
cost list with respect to determining reimbursements to
pharmacies for multiple source drugs (as defined in
section 1927(k)), with respect to any contract between
the pharmacy benefits manager and a pharmacy, with
respect to the prescription drug plan offered by the
PDP sponsor, the pharmacy benefits manager shall--
``(i) include in such contract the
methodology and resources utilized for such
maximum allowable cost list;
``(ii) update pricing information on such
list at least weekly, starting on January 1 of
each calendar year; and
``(iii) establish a process to provide
prompt notification of such pricing information
updates to the pharmacy.''. | Medicare Pharmacy Transparency and Fair Auditing Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each contract entered into with a prescription drug plan (PDP) sponsor for the offering of a prescription drug plan to prohibit the PDP sponsor from contracting with any pharmacy benefits manager (PBM) to manage the prescription drug coverage under such plan, or to control the costs of such coverage, unless the manager satisfies specified PBM audit and disclosure requirements. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for pharmacy benefits manager standards under the Medicare prescription drug program to further fair audits of and payments to pharmacies."} | 856 | 123 | 0.611657 | 1.667307 | 0.595778 | 3.927835 | 8.257732 | 0.896907 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical FSA Improvement Act of
2009''.
SEC. 2. ADDITION OF TAXABLE DISTRIBUTIONS.
(a) Treatment of Amounts Expended for Medical Care.--Section 105 of
the Internal Revenue Code of 1986 (relating to amounts received under
accident and health plans) is amended by inserting at the end the
following new subsection:
``(k) Amounts Paid Under Medical Flexible Spending Arrangements.--
``(1) Application of subsection (b).--For purposes of
subsection (b) and section 106, a plan shall not fail to be
treated as flexible spending arrangement solely because such
plan, in addition to reimbursing expenses incurred for medical
care (as defined in subsection (b)) during the plan year,
distributes for the plan year the lesser of--
``(A) all or a portion of the employee's balance,
or
``(B) $1,500.
``(2) Limitation.--Paragraph (1) shall apply only in the
case that the balance under such arrangement for a plan year is
distributed after the close of the plan year to which the
balance relates and not later than the end of the 7th month
following the close of such plan year.
``(3) Tax treatment of distribution.--Any distribution to
which paragraph (1) applies shall be treated as remuneration of
the employee for emploment for the taxable year in which it is
distributed.
``(4) Flexible spending arrangement.--The term `flexible
spending arrangement' means a benefit program within the
meaning of section 106(c)(2) (relating to long-term care
benefits).
``(5) Termination.--Paragraph (1) shall not apply to any
distribution for a plan year beginning after December 31,
2011.''.
(b) Additional Deferred Compensation Exception.--Paragraph (2) of
section 125(d) of such Code (relating to deferred compensation under a
cafeteria plan) is amended by inserting at the end the following new
subparagraph:
``(E) Exception for certain flexible spending
arrangements.--Subparagraph (A) shall not apply to a
flexible spending arrangement (within the meaning of
section 106(c)(2)) as a result of amounts being
distributed to the covered employee in accordance with
section 105(k).''.
(c) Conforming Amendment.--Section 409A(d)(1) of such Code is
amended by striking ``and'' at the end of subparagraph (A), by striking
the period at the end of subparagraph (B) and inserting ``, and'', and
by adding at the end the following:
``(C) a flexible spending arrangement which is
subject to section 105(k).''.
(d) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2008.
(e) Transition Rules.--In the case of plan years that begin before
the date of the enactment of this Act, in implementing the amendments
made by this section a flexible spending arrangement may allow an
individual to make a new election or to revise an existing election
under such arrangement so long as such new or revised election is made
within 90 days after the date of the enactment of this Act.
SEC. 3. SELF-EMPLOYED INDIVIDUALS.
(a) In General.--Subsection (d) of section 125 of the Internal
Revenue Code of 1986 (defining cafeteria plan) is amended by adding at
the end the following new paragraph:
``(3) Employee to include self-employed.--In the case of a
medical flexible spending arrangement--
``(A) In general.--The term `employee' includes an
individual who is an employee within the meaning of
section 401(c)(1) (relating to self-employed
individuals).
``(B) Limitation.--The amount which may be excluded
under subsection (a) with respect to a participant in a
cafeteria plan by reason of being an employee under
subparagraph (A) shall not exceed the lesser of--
``(i) the employee's earned income (within
the meaning of section 401(c)) derived from the
trade or business with respect to which the
cafeteria plan is established, or
``(ii) $5,000.''.
(b) Application to Benefits Which May Be Provided Under Cafeteria
Plan.--
(1) Accident and health plans.--Subsection (g) of section
105 of such Code is amended to read as follows:
``(g) Employee Includes Self-Employed.--For purposes of this
section, the term `employee' includes an individual who is an employee
within the meaning of section 401(c)(1) (relating to self-employed
individuals).''.
(2) Contributions by employers to accident and health
plans.--
(A) In general.--Section 106 of such Code is
amended by adding after subsection (e) the following
new subsection:
``(f) Employer To Include Self-Employed.--
``(1) In general.--For purposes of this section, in the
case of a medical flexible spending account the term `employee'
includes an individual who is an employee within the meaning of
section 401(c)(1) (relating to self-employed individuals).
``(2) Limitation.--The amount which may be excluded under
subsection (a) with respect to an individual treated as an
employee by reason of paragraph (1) shall not exceed the lesser
of--
``(A) the employee's earned income (within the
meaning of section 401(c)) derived from the trade or
business with respect to which the accident or health
insurance was established, or
``(B) $5,000.
``(3) Tax treatment of distribution.--Any distribution to
which 105(k) applies shall be treated as self-employment income
(as defined in section 1402(b)) of the employee for the taxable
year in which it is distributed.
``(4) Election.--Paragraph (1) shall not apply for any
taxable year if the employee elects to have paragraph (1) not
apply for such taxable year.''.
(B) Coordination with section 106(f).--Paragraph
(2) of section 162(l) of such Code is amended by adding
at the end the following new subparagraph:
``(D) Coordination with section 106(f).--No
deduction shall be allowed under paragraph (1) for any
amount with respect to which an election is in effect
under section 106(f)(4).''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2008.
(d) Transition Rules.--In the case of plan years that begin before
the date of the enactment of this Act, in implementing the amendments
made by this section a flexible spending arrangement may allow an
individual to make an election under such arrangement so long as such
election is made within 90 days after the date of the enactment of this
Act. | Medical FSA Improvement Act of 2009 - Amends the Internal Revenue Code to: (1) allow an increased exclusion from gross income through 2011 for distributions from a medical flexible spending arrangement; and (2) make self-employed individuals eligible for benefits under medical flexible spending arrangements and accident and health plans. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase participation in medical flexible spending arrangements."} | 1,612 | 62 | 0.539667 | 1.306975 | 0.852081 | 2.482759 | 24.086207 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deductibility and Incentives to
Promote Learning Opportunities and Maximize Assistance (DIPLOMA) Act of
2006''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Elimination of Dollar Limitation for Qualified Tuition and
Related Expenses Deduction.--Subsection (b) of section 222 of the
Internal Revenue Code of 1986 (relating to qualified tuition and
related expenses) is amended to read as follows:
``(b) Limitation Based on Adjusted Gross Income.--
``(1) In general.--In the case of a taxpayer whose adjusted
gross income for a taxable year exceeds $80,000 ($160,000 in
the case of a joint return), the amount of the deduction
allowed under subsection (a) for the taxable year shall be
zero.
``(2) Adjusted gross income.--For purposes of this
subsection, adjusted gross income shall be determined--
``(A) without regard to this section and sections
199, 911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, 221, and 469.''.
(b) Termination.--Subsection (e) of such section of such Code is
amended by striking ``December 31, 2005'' and inserting ``December 31,
2010''.
SEC. 3. INTEREST AND PRINCIPAL ON EDUCATION LOANS.
(a) Expansion of Deduction for Interest on Education Loans to
Include Principal Payments.--Section 221 of the Internal Revenue Code
of 1986 (relating to interest on education loans) is amended--
(1) in subsection (a), by striking ``interest paid'' and
inserting ``interest and principal paid'',
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively,
(3) by inserting after subsection (c) the following new
subsection:
``(d) Limit on Period Deduction Allowed.--With respect to principal
paid on any qualified education loan after the first 60 months (whether
or not consecutive) in which principal payments are required, a
deduction shall not be allowed under this section. For purposes of this
paragraph, any loan and all refinancings of such loan shall be treated
as 1 loan. Such 60 months shall be determined in the manner prescribed
by the Secretary in the case of multiple loans which are refinanced by,
or serviced as, a single loan and in the case of loans incurred before
the date of the enactment of this section.'', and
(4) in the heading, by striking ``interest'' and inserting
``interest and principal''.
(b) Clerical Amendments.--The item relating to section 221 in the
table of sections for part VII of subchapter B of chapter 1 of such
Code is amended to read as follows:
``Sec. 221. Interest and principal on education loans.''.
SEC. 4. EARNED TUITION CREDIT.
(a) In General.--Subsection (b) of section 25A of the Internal
Revenue Code of 1986 (relating to Hope and Lifetime Learning credits)
is amended to read as follows:
``(b) Earned Tuition Credit.--
``(1) Per student credit.--In the case of any eligible
student for whom an election is in effect under this section
for any taxable year, the earned tuition credit is an amount
equal to the sum of--
``(A) 100 percent of so much of the qualified
tuition and related expenses paid by the taxpayer
during the taxable year (for education furnished to the
eligible student during any academic period beginning
in such taxable year) as does not exceed $1,500, plus
``(B) 50 percent of such expenses so paid as
exceeds $1,500 but does not exceed $4,000.
``(2) Limitations applicable to earned tuition credit.--
``(A) Credit allowed only for 4 taxable years.--An
election to have this section apply with respect to any
eligible student for purposes of the earned tuition
credit under subsection (a)(1) may not be made for any
taxable year if such an election (by the taxpayer or
any other individual) is in effect with respect to such
student for any 4 prior taxable years.
``(B) Credit allowed for year only if individual is
at least 1/2 time student for portion of year.--The
earned tuition credit under subsection (a)(1) shall not
be allowed for a taxable year with respect to the
qualified tuition and related expenses of an individual
unless such individual is an eligible student for at
least one academic period which begins during such
year.
``(C) Credit allowed only for first 4 years of
postsecondary education.--The earned tuition credit
under subsection (a)(1) shall not be allowed for a
taxable year with respect to the qualified tuition and
related expenses of an eligible student if the student
has completed (before the beginning of such taxable
year) the first 4 years of postsecondary education at
an eligible educational institution.
``(D) Denial of credit if student convicted of a
felony drug offense.--The earned tuition credit under
subsection (a)(1) shall not be allowed for qualified
tuition and related expenses for the enrollment or
attendance of a student for any academic period if such
student has been convicted of a Federal or State felony
offense consisting of the possession or distribution of
a controlled substance before the end of the taxable
year with or within which such period ends.
``(3) Eligible student.--For purposes of this subsection,
the term `eligible student' means, with respect to any academic
period, a student who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of this section, and
``(B) is carrying at least \1/2\ the normal full-
time work load for the course of study the student is
pursuing.''.
(b) Earned Tuition Credit Not Reduced by Federal Pell Grants and
Supplemental Educational Opportunity Grants.--Subsection (g) of section
25A of such Code (relating to special rules) is amended by adding at
the end the following new paragraph:
``(8) Pell and seog grants.--For purposes of the earned
tuition credit, paragraph (2) shall not apply to amounts paid
for an individual as a Federal Pell Grant or a Federal
supplemental educational opportunity grant under subparts 1 and
3, respectively, of part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a and 1070b et seq.,
respectively).''.
(c) Definition of Qualified Tuition and Related Expenses.--
Paragraph (1) of section 25A(f) of such Code (relating to definitions)
is amended to read as follows:
``(1) Qualified tuition and related expenses.--
``(A) In general.--The term `qualified tuition and
related expenses' means the qualified higher education
expenses of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151.
``(B) Qualified higher education expenses.--The
term `qualified higher education expenses' has the
meaning given to such term by section 529(e)(3).''.
(d) Conforming Amendments.--Section 25A of such Code is amended--
(1) in the heading, by striking ``hope'' and inserting
``earned tuition'',
(2) in subsection (a)(1), by striking ``Hope Scholarship
Credit'' and inserting ``earned tuition credit'',
(3) in subsection (c)(2)(A)--
(A) in the heading, by striking ``Hope
scholarship'' and inserting ``earned tuition credit'',
(B) in the text, by striking ``Hope Scholarship
Credit'' and inserting ``earned tuition credit'', and
(4) in subsection (h)(1)(A)--
(A) by striking ``2001'' and inserting ``2006'',
(B) by striking ``the $1,000 amounts'' and
inserting ``the dollar amounts'', and
(C) in clause (ii), by striking ``substituting
`calendar year 2000''' and inserting ``substituting
`calendar year 2005'''.
SEC. 5. EARNED TUITION AND LIFETIME LEARNING CREDITS TO BE REFUNDABLE.
(a) Credit to Be Refundable.--Section 25A of the Internal Revenue
Code of 1986, as amended by this Act, is hereby moved to subpart C of
part IV of subchapter A of chapter 1 of such Code (relating to
refundable credits) and inserted after section 35.
(b) Technical Amendments.--
(1) Section 36 of such Code is redesignated as section 37.
(2) Section 25A of such Code (as moved by subsection (a))
is redesignated as section 36.
(3) Paragraph (1) of section 36(a) of such Code (as
redesignated by paragraph (2)) is amended by striking ``this
chapter'' and inserting ``this subtitle''.
(4) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 36(g)(2)''.
(5) Subparagraph (A) of section 135(d)(2) of such Code is
amended by striking ``section 25A'' and inserting ``section
36''.
(6) Section 221(d) of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 36(g)(2)'',
(B) by striking ``section 25A(f)(2)'' in the matter
following paragraph (2)(B) and inserting ``section
36(f)(2)'', and
(C) by striking ``section 25A(b)(3)'' in paragraph
(3) and inserting ``section 36(b)(3)''.
(7) Section 222 of such Code is amended--
(A) by striking ``section 25A'' in subparagraph (A)
of subsection (c)(2) and inserting ``section 36'',
(B) by striking ``section 25A(f)'' in subsection
(d)(1) and inserting ``section 36(f)'', and
(C) by striking ``section 25A(g)(2)'' in subsection
(d)(1) and inserting ``section 36(g)(2)''.
(8) Section 529 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (c)(3)(B)(v) and inserting ``section
36(g)(2)'',
(B) by striking ``section 25A'' in subclause (II)
of subsection (c)(3)(B)(v) and inserting ``section
36'', and
(C) by striking ``section 25A(b)(3)'' in clause (i)
of subsection (e)(3)(B) and inserting ``section
36(b)(3)''.
(9) Section 530 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (d)(2)(C)(i) and inserting ``section
36(g)(2)'',
(B) by striking ``section 25A'' in subclause (II)
of subsection (d)(2)(C)(i) and inserting ``section
36'', and
(C) by striking ``section 25A(g)(2)'' in clause
(iii) of subsection (d)(4)(B) and inserting ``section
36(g)(2)''.
(10) Subsection (e) of section 6050S of such Code is
amended by striking ``section 25A'' and inserting ``section
36''.
(11) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1)'' and inserting
``section 36(g)(1)''.
(12) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 36 of such Code''.
(13) Section 1400O of such Code is amended--
(A) by striking paragraph (1) and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2),
respectively,
(B) by striking ``section 25A(f)(2)'' and inserting
``section 36(f)(2)'',
(C) by striking ``section 25A(b)(1)'' in paragraph
(1) (as redesignated by subparagraph (A)) and inserting
``section 36(b)(1)'', and
(D) by striking ``section 25A(c)(1)'' in paragraph
(2) (as redesignated by subparagraph (A)) and inserting
``section 36(c)(1)''.
(14) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 36 and
inserting the following:
``Sec. 36. Earned tuition and Lifetime Learning credits.''.
(15) The table of sections for subpart A of such part IV is
amended by striking the item relating to section 25A.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to taxable years
beginning after December 31, 2006. | Deductibility and Incentives to Promote Learning Opportunities and Maximize Assistance (DIPLOMA) Act of 2006 - Amends the Internal Revenue Code to: (1) allow an unlimited tax deduction for qualified tuition and related expenses for taxpayers whose adjusted gross incomes do not exceed $80,000 ($160,000 for joint returns); (2) extend such deduction through 2010; (3) allow a tax deduction for principal amounts paid on education loans for the first 60 months of such loans; (4) replace the Hope Scholarship tax credit with an earned tuition tax credit for the first $1,500 of qualified tuition and related expenses (50% of expenses over $1,500 up to $4,000) for four years of postsecondary education; and (5) make the tax credit for earned tuition and lifetime learning expenses refundable. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand deductions allowed for education-related expenses and to allow an earned tuition credit against income tax for qualified tuition and related expenses."} | 3,171 | 164 | 0.551311 | 1.590631 | 0.780696 | 2.75 | 17.993421 | 0.828947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Financial Aid Simplification
Act''.
SEC. 2. FAFSA SIMPLIFICATION.
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Subject to subsection (i), the
Secretary''; and
(B) in paragraph (6), by striking ``The need'' and
inserting ``Subject to subsection (i), the need''; and
(2) by adding at the end the following new subsection:
``(i) FAFSA Simplification.--
``(1) In general.--Beginning academic year 2017-2018 and
notwithstanding subsection (a)(6) or any other provision of
this section, with respect to a student who is a taxpayer or a
dependent of a taxpayer and who does not meet the requirements
of subsection (b) or (c) of section 479, the need and
eligibility of such student for financial assistance under
parts A through E (other than subpart 4 of part A) may be
determined only by--
``(A) authorizing the Secretary to obtain from the
Internal Revenue Service income data, and other
taxpayer data needed to compute an expected family
contribution for the student, from two years prior to
the student's planned enrollment date; and
``(B) submitting to the Secretary the supplemental
information described in paragraph (3).
``(2) Authorization under the irc and distribution of
data.--Returns and return information (as defined in section
6103 of the Internal Revenue Code of 1986) may be obtained
under paragraph (1)(A) only to the extent authorized by section
6103(l)(23) of such Code, except that institutions of higher
education and States shall receive, without charge, such
information from the Secretary for the purposes of processing
loan applications and determining need and eligibility for
institutional and State financial aid awards.
``(3) Supplemental information.--Each student described in
paragraph (1) who is applying for financial assistance under
parts A through E (other than under subpart 4 of part A) shall
submit to the Secretary at such time and in such manner as
required by the Secretary, any information that is needed to
determine the student's need and eligibility for such financial
assistance or to administer the programs under this title, but
that is not available from the Internal Revenue Service to the
extent authorized by section 6103(l)(23) of the Internal
Revenue Code of 1986, including information with respect to the
student's--
``(A) citizenship or permanent residency status;
``(B) dependency status;
``(C) registration for selective service;
``(D) State and length of legal residence;
``(E) family members, including the total number
and the number in postsecondary education;
``(F) secondary school completion status;
``(G) completion of a first bachelor's degree;
``(H) email address; and
``(I) institution or institutions of higher
education in which the student is enrolled or to which
the student is applying for admission.
``(4) Regulations.--
``(A) In general.--The Secretary shall prescribe
such regulations as may be necessary to carry out this
subsection.
``(B) Inapplicability of rulemaking requirements.--
Sections 482(c) and 492 shall not apply to the
regulations required by this paragraph.''.
SEC. 3. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.
Section 6103(l) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(23) Disclosure of return information to determine need
and eligibility of student for federal student financial aid.--
``(A) In general.--The Secretary may, upon written
request from the Secretary of Education, disclose to
officers and employees of the Department of Education
return information with respect to a taxpayer or a
dependent of a taxpayer who may be eligible for Federal
student financial aid and whose need and eligibility
for such aid is based in whole or in part on the
taxpayer's income or the income of the parents of the
dependent. Such return information shall be limited
to--
``(i) taxpayer identity information with
respect to such taxpayer;
``(ii) the filing status of such taxpayer;
``(iii) the adjusted gross income of such
taxpayer; and
``(iv) any other data of such taxpayer
necessary to determine the expected family
contribution (within the meaning of part F of
title IV of the Higher Education Act of 1965
(20 U.S.C. 1087kk et seq.)) of such taxpayer or
the dependent of such taxpayer, as applicable.
``(B) Restriction on use of disclosed
information.--Return information disclosed under
subparagraph (A) may be used by officers and employees
of the Department of Education only for the purposes
of, and to the extent necessary in, processing the
student loan application, and establishing need and
eligibility for Federal student financial aid, of a
taxpayer or a dependent of a taxpayer.
``(C) Federal student loans and grants.--For
purposes of this paragraph, the term `Federal student
financial aid' means financial assistance under parts A
through E (other than under subpart 4 of part A) of
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).''. | Student Financial Aid Simplification Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to determine a student's financial need and federal financial aid eligibility by using tax return information, unless such student qualifies for the simplified needs test or a zero expected family contribution. It amends the Internal Revenue Code to authorize the Internal Revenue Service (IRS) to disclose certain tax return information to the Department of Education (ED). Students must submit to ED certain supplemental information not available from the IRS. The bill requires ED to provide such tax return information to states and institutions of higher education, without charge, for use processing loan applications and determining institutional and state financial aid awards. | {"src": "billsum_train", "title": "Student Financial Aid Simplification Act"} | 1,216 | 150 | 0.590346 | 1.564532 | 0.662864 | 2.167883 | 8.364964 | 0.781022 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvements Act of 2009''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, multi-jurisdictional or regional consortia, and
individuals for the purposes described in subsections (b), (c), (d),
and (e).'';
(2) in subsection (b)--
(A) by striking the subsection heading text and
inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) in paragraph (4), by inserting ``or train''
after ``pay for'';
(D) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12)
as paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17)
as paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by
striking ``and'' at the end;
(J) in paragraph (15), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(K) by adding at the end the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine; and
``(17) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs, as
warranted.'';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, United
States Code.
``(d) Community Prosecutors Program.--The Attorney General may make
grants under subsection (a) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement and quality of life initiatives), and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(e) Technology Grants.--The Attorney General may make grants
under subsection (a) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish'';
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
and
(D) by adding at the end the following:
``(4) Exclusivity.--The Office of Community Oriented
Policing Services shall be the exclusive component of the
Department of Justice to perform the functions and activities
specified in this paragraph.'';
(8) in subsection (g), as so redesignated, by striking
``may utilize any component'', and all that follows and
inserting ``shall use the Office of Community Oriented Policing
Services of the Department of Justice in carrying out this
part.'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (b)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (b)'';
(10) in subsection (i), as so redesignated, by striking the
second sentence; and
(11) by adding at the end the following:
``(j) Retention of Additional Officer Positions.--For any grant
under paragraph (1) or (2) of subsection (b) for hiring or rehiring
career law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of a program, project, or activity.''.
(b) Applications.--Section 1702 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall'';
(B) by striking paragraph (8); and
(C) by redesignating paragraphs (9) through (11) as
paragraphs (8) through (10), respectively; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as
follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--A grant made under this part may be renewed,
without limitations on the duration of such renewal, to provide
additional funds, if the Attorney General determines that the funds
made available to the recipient were used in a manner required under an
approved application and if the recipient can demonstrate significant
progress in achieving the objectives of the initial application.
``(b) No Cost Extensions.--Notwithstanding subsection (a), the
Attorney General may extend a grant period, without limitations as to
the duration of such extension, to provide additional time to complete
the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended--
(1) in subsection (a), by striking ``that would, in the
absence of Federal funds received under this part, be made
available from State or local sources'' and inserting ``that
the Attorney General determines would, in the absence of
Federal funds received under this part, be made available for
the purpose of the grant under this part from State or local
sources''; and
(2) by striking subsection (c).
(e) Enforcement Actions.--
(1) In general.--Section 1706 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(A) in the section heading, by striking
``revocation or suspension of funding'' and inserting
``enforcement actions''; and
(B) by striking ``revoke or suspend'' and all that
follows and inserting ``take any enforcement action
available to the Department of Justice.''.
(2) Technical and conforming amendment.--The table of
contents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711) is amended by striking the
item relating to section 1706 and inserting the following:
``Sec. 1706. Enforcement actions.''.
(f) Definitions.--Section 1709(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended--
(1) by inserting ``who is a sworn law enforcement officer''
after ``permanent basis''; and
(2) by inserting ``, including officers for the Amtrak
Police Department'' before the period at the end.
(g) Authorization of Appropriations.--Section 1001(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(11))
is amended--
(1) in subparagraph (A), by striking ``$1,047,119,000 for
each of fiscal years 2006 through 2009'' and inserting
``$1,150,000,000 for each of fiscal years 2009 through 2014'';
and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``3
percent'' and inserting ``5 percent''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $600,000,000 shall be used
for grants for the purposes specified in section
1701(b), not more than $200,000,000 shall be used for
grants under section 1701(d), and not more than
$350,000,000 shall be used for grants under section
1701(e).''.
(h) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(i) COPS Program Improvements.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is
amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''. | COPS Improvements Act of 2009 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT grant program).
Authorizes grants to: (1) hire school resource officers and establish local partnerships to combat crime, gangs, drug activities, and other problems in elementary and secondary schools; (2) establish and implement programs to reduce and prevent illegal drug activities, including the manufacturing, distribution, and use of methamphetamine; and (3) meet emerging law enforcement needs, as warranted.
Authorizes the use of COPS ON THE BEAT grants to hire former members of the Armed Forces to serve as career law enforcement officers.
Authorizes the Attorney General to make grants for: (1) assigning prosecutors to handle cases from specific geographic areas and to address counter-terrorism problems and violent crime in local communities; and (2) developing new technologies to assist state and local law enforcement agencies in crime prevention and training.
Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under COPS ON THE BEAT grant program.
Authorizes the Attorney General to extend grant periods and to renew grants if the grant recipient can demonstrate significant progress in achieving the objectives of the initial grant application.
Increases and extends the authorization of appropriations for the COPS ON THE BEAT grant program for FY2009-FY2014. | {"src": "billsum_train", "title": "A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes."} | 2,687 | 314 | 0.591134 | 1.706113 | 0.899631 | 3.48913 | 8.927536 | 0.923913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Against Infectious Diseases
Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alternative medical care facility.--The term
``alternative medical care facility'' means a site capable of
meeting medical surge capacity needs.
(2) Commissioned corps of the public health service.--The
term ``Commissioned Corps of the Public Health Service'' means
the Regular Corps and the Reserve Corps of the Public Health
Service established under section 203 of the Public Health
Service Act (42 U.S.C. 204).
(3) Medical reserve corps.--The term ``Medical Reserve
Corps'' means the Medical Reserve Corps established under
section 2813 of the Public Health Service Act (42 U.S.C. 300hh-
15).
(4) Medical surge.--The term ``medical surge'' means the
response capabilities needed for increased demand of medical
resources which surpass normal resource capacities or
capabilities.
(5) Metropolitan medical response system.--The term
``Metropolitan Medical Response System'' means the Metropolitan
Medical Response System established under section 635 of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
723).
(6) Subsistence supplies.--The term ``subsistence
supplies'' means the food, water, medicine, and sanitation
products necessary for subsistence of disaster population and
pets.
(7) Social distancing.--The term ``social distancing''
means community infection control measures comprised of a
variety of non-pharmaceutical strategies designed to limit the
transmission of pandemic influenza and other highly infectious
diseases and thus permit additional time until sufficient
supplies of vaccines, antivirals, or other applicable medical
countermeasures become available to support a mass response
effort.
SEC. 3. STATE AND LOCAL GOVERNMENT INCLUSION IN PLANNING.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the President, or the designee of the President, shall
convene a consortium of representatives of State, local, and tribal
governments, including representatives of State, local, and tribal
intergovernmental and health organizations, to assess the adequacy of
guidance for State and local government planning in the National
Strategy for Pandemic Flu and the National Strategy for Pandemic
Influenza Implementation Plan.
(b) Update of the Strategy and Plan.--Not later than 1 year after
the convening of the consortium described under subsection (a), and
every 4 years thereafter, the President, or the designee of the
President, shall convene another consortium with representatives
described under that subsection to review and update the National
Strategy for Pandemic Flu and the National Strategy for Pandemic
Influenza Implementation Plan.
SEC. 4. SURVEY OF ALTERNATIVE MEDICAL CARE FACILITIES.
(a) In General.--The Secretary of Health and Human Services, in
coordination with the Secretary of Homeland Security, shall conduct a
survey to identify appropriate alternative medical care facilities,
including academic, military, and private sector venues for the
prophylaxis for, and treatment of, infectious diseases outbreaks.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Health and Human Services shall submit a
report on the survey conducted under subsection (a) to the appropriate
committees of the Senate and House of Representatives.
SEC. 5. ACQUISITION AND DISTRIBUTION OF SUBSISTENCE SUPPLIES.
The Secretary of Homeland Security shall identify the specific
resources, including subsistence supplies and personnel, that may be
required to support the implementation of strategies for social
distancing and medical surge during a federally declared emergency or
major disaster to prevent the introduction, transmission, and spread of
communicable disease and ensure the proper delivery of crisis and
medical care.
SEC. 6. FEDERAL PREPAREDNESS FOR INFECTIOUS DISEASE OUTBREAKS AND
BIOLOGICAL ATTACKS.
Not later than 1 year after the date of enactment of this Act, the
Government Accountability Office shall submit a report to the
appropriate committees of the Senate and House of Representatives that
describes the roles and responsibilities, capabilities, and
coordination of Federal assets for medical response to infectious
disease outbreaks or biological attacks, including those roles,
responsibilities, and capabilities relating to--
(1) the Office of Health Affairs of the Department of
Homeland Security;
(2) the Metropolitan Medical Response System of the
Department of Homeland Security;
(3) the Office of the Assistant Secretary for Preparedness
and Response of the Department of Health and Human Services;
(4) the Medical Reserve Corps;
(5) the Commissioned Corps of the Public Health Service;
and
(6) the National Disaster Medical System. | Defense Against Infectious Diseases Act of 2009 - Directs the President: (1) to convene a consortium of representatives of state, local, and tribal governments to assess the adequacy of guidance for state and local government planning in the National Strategy for Pandemic Flu and the National Strategy for Pandemic Influenza Implementation Plan; and (2) within one year after convening such consortium and every four years thereafter, to convene another consortium to review and update such Strategy and Plan.
Requires the Secretary of Health and Human Services (HHS), in coordination with the Secretary of Homeland Security (DHS), to conduct a survey to identify appropriate alternative medical care facilities capable of meeting medical surge capacity needs for the prophylaxis for, and treatment of, infectious diseases outbreaks.
Directs the Secretary of DHS to identify specific resources, including subsistence supplies and personnel, that may be required to support the implementation of strategies for social distancing and medical surge during a federally declared emergency or major disaster to prevent the introduction, transmission, and spread of communicable disease and ensure the proper delivery of crisis and medical care.
Requires the Government Accountability Office (GAO) to report to the appropriate Senate and House committees describing the roles and responsibilities, capabilities, and coordination of federal assets for medical response to infectious disease outbreaks or biological attacks. | {"src": "billsum_train", "title": "A bill to provide for the enhancement of United States preparedness for outbreaks of infectious disease to protect homeland security."} | 1,067 | 292 | 0.610356 | 1.83474 | 0.85405 | 6.408 | 3.708 | 0.944 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Investment Protection for
Customers Reform Act of 2009''.
SEC. 2. INCREASING SECURITIES INVESTOR PROTECTION CORPORATION CASH
COVERAGE.
(a) Increasing the Cash Limit of Protection From $100,000 to
$250,000.--Section 9 of the Securities Investor Protection Act (15
U.S.C. 78fff-3) is amended--
(1) in subsection (a)(1), by striking ``$100,000 for each
such customer'' and inserting ``the standard maximum cash
advance amount for each such customer, as determined in
accordance with subsection (d)''; and
(2) by adding at the end the following new subsections:
``(d) Standard Maximum Cash Advance Amount.--For purposes of this
Act, the term `standard maximum cash advance amount' means $250,000,
adjusted as provided under subsection (e) after March 31, 2010.
``(e) Inflation Adjustment.--
``(1) In general.--Not later than April 1, 2010, and the
first day of each 5-year period thereafter, and subject to the
approval of the Commission, the Board of Directors of SIPC
shall consider the factors set forth under paragraph (5), and,
upon determining that an inflation adjustment is appropriate,
shall prescribe the amount by which the standard maximum cash
advance amount applicable to a customer claim shall be
increased by calculating the product of--
``(A) $250,000; and
``(B) the ratio of the annual value of the Personal
Consumption Expenditures Chain-Type Price Index (or any
successor index thereto), published by the Department
of Commerce, for the calendar year preceding the year
in which the adjustment is calculated under this
paragraph, to the published annual value of such index
for the calendar year preceding the date this
subparagraph takes effect. The values used in such
calculation shall be the applicable values most
recently published by the Department of Commerce.
``(2) Rounding.--If the amount determined under paragraph
(1) for any period is not a multiple of $10,000, the amount so
determined shall be rounded down to the nearest $10,000.
``(3) Publication and report to congress.--Not later than
April 5 of any calendar year in which an adjustment is required
to be calculated under paragraph (1) to the standard maximum
cash advance amount--
``(A) the Commission shall publish in the Federal
Register the standard maximum cash advance amount, as
so calculated; and
``(B) the Board of Directors of SIPC shall submit a
report to the Congress containing the amount described
in subparagraph (A).
``(4) 6-month implementation period.--Any increase in the
standard maximum cash advance amount shall take effect on
January 1 of the year immediately succeeding the calendar year
in which such increase is made.
``(5) Inflation adjustment consideration.--In making any
determination under paragraph (1) to increase the standard
maximum cash advance amount, the Board of Directors of SIPC
shall consider, among other factors--
``(A) the overall state of the fund;
``(B) the economic conditions affecting members of
SIPC; and
``(C) potential problems affecting members of
SIPC.''.
(b) Increasing SIPC Line of Credit With the Department of
Treasury.--Section 4(h) of the Securities Investor Protection Act (15
U.S.C. 78ddd(h)) is amended by striking out ``$1,000,000,000'' and
inserting ``the lesser of $2,500,000,000 or the target amount of the
SIPC Fund specified in the bylaws of SIPC''.
SEC. 3. AMENDMENTS TO THE SECURITIES INVESTOR PROTECTION ACT.
(a) Increasing the Minimum Assessment Paid by SIPC Members.--
Section 4(d)(1)(C) of the Securities Investor Protection Act (15 U.S.C.
78ddd(d)(1)(C)) is amended by striking ``$150'' and inserting
``$1,000''.
(b) SIPC as Trustee in SIPA Liquidation Proceedings.--Section
5(b)(3) of the Securities Investor Protection Act (15 U.S.C.
78eee(b)(3)) is amended--
(1) by striking ``SIPC has determined that the liabilities
of the debtor to unsecured general creditors and to
subordinated lenders appear to aggregate less than $750,000 and
that''; and
(2) by striking ``five hundred'' and inserting ``5,000''.
(c) Insiders Ineligible for SIPC Advance.--
(1) In general.--Section 9(a)(4) of the Securities Investor
Protection Act (15 U.S.C. 78fff-3(a)(4)) is amended by
inserting ``an insider,'' after ``or net profits of the
debtor,''.
(2) Insider defined.--Section 16 of the Securities Investor
Protection Act (15 U.S.C. 78lll) is amended by adding at the
end the following new paragraph:
``(15) Insider.--The term `insider' shall have the same
meaning as in section 101(31) of title 11, United States
Code.''.
(d) Eligibility for Direct Payment Procedure.--Section 10(a)(4) of
the Securities Investor Protection Act (15 U.S.C. 78fff-4(a)(4)) is
amended by striking out ``$250,000'' and inserting ``$850,000''.
(e) Increasing the Fine for Prohibited Acts Under SIPA.--Section
14(c) of the Securities Investor Protection Act (15 U.S.C. 78jjj(c)) is
amended by striking ``$50,000'' each place it appears and inserting
``$250,000''.
(f) Penalty for Misrepresentation of SIPC Membership or
Protection.--Section 14 of the Securities Investor Protection Act (15
U.S.C. 78jjj) is amended by inserting at the end the following new
subsection:
``(d) Misrepresentation of SIPC Membership or Protection.--
``(1) Any person who falsely represents by any means
(including through the Internet or any other medium of mass
communication), with actual knowledge of the falsity of the
representation and with an intent to deceive or cause injury to
another, that such person, or another person, is a member of
SIPC or that any person or account is protected or is eligible
for protection by SIPC, shall be--
``(A) civilly liable for any damages caused
thereby; and
``(B) fined not more than $250,000 or imprisoned
for not more than 5 years.
``(2) Any Internet service provider who, on or through a
system or network controlled or operated by the service
provider, transmits, routes, provides connection for, or stores
any material containing any misrepresentation described in
paragraph (1) shall be civilly liable for any damages caused by
such misrepresentation, including damages suffered by SIPC, if
such Internet service provider--
``(A) has actual knowledge that the material
contains a misrepresentation described in paragraph
(1), or
``(B) in the absence of actual knowledge, is aware
of facts or circumstances from which it is apparent
that such material contains a misrepresentation
described in paragraph (1), and
upon obtaining such knowledge or awareness, fails to act
expeditiously to remove, or disable access to, such material.
``(3) Any court having jurisdiction of a civil action
arising under this Act may grant temporary and final
injunctions on such terms as it deems reasonable to prevent or
restrain any violation of paragraph (1) or (2). Any such
injunction may be served anywhere in the United States on the
person enjoined, shall be operative throughout the United
States, and shall be enforceable, by proceedings in contempt or
otherwise, by any United States court having jurisdiction over
that person. The clerk of the court granting the injunction
shall, when requested by any other court in which enforcement
of the injunction is sought, transmit promptly to the other
court a certified copy of all papers in the case on file in
such clerk's office.''.
SEC. 4. COMMISSION STUDY ON INTERNATIONAL FINANCIAL COOPERATION.
(a) Sense of Congress Regarding Necessity of an International
Effort To Investigate and Thwart Global Investment Fraud.--It is the
sense of Congress that--
(1) international commerce and global investment have grown
exponentially since World War II, creating a marketplace
without borders;
(2) investors of all sizes deserve assurances that their
financial assets are protected from theft, and their
transactions are legitimate and accounted for; and
(3) the case against Bernard L. Madoff Investment
Securities, Inc. represents one of the worst and most
devastating instances of financial fraud and deception in this
Nation's history, resulting in untold billions of dollars in
missing assets and affecting thousands of investors in this
Nation and around the globe.
(b) Federal Commission on International Financial Fraud.--
(1) Establishment.--There is hereby established within the
Office of Inspector General of the Securities and Exchange
Commission a Commission on International Financial Fraud
(hereinafter in this subsection referred to as the
``Commission'').
(2) Membership.--The Commission shall be composed of the
following members:
(A) The Chairman of the Board of Directors of the
Securities Investor Protection Corporation.
(B) The Chairman of the Securities Exchange
Commission.
(C) The Secretary of the Treasury.
(D) The Chairman of the Board of Governors of the
Federal Reserve System.
(E) The Secretary of State.
(F) The Director of the Federal Bureau of
Investigation.
(G) One or more additional individuals, at the
discretion of the Inspector General of the Securities
and Exchange Commission, where each such individual is
the heads of a State, local, private, or not-for-profit
entity demonstrating research and academic expertise on
issues pertaining to international investment and
financial fraud.
(3) Duties.--The Commission shall--
(A) study potential relevance, structure, and long-
term benefit of--
(i) an international financial court; and
(ii) establishing an international process
for the adjudication of cases of financial
fraud;
(B) establish partnerships with State, local,
private, and not-for-profit entities demonstrating
research and academic expertise on issues pertaining to
international investment and financial fraud;
(C) subject to the approval of the Inspector
General of the Securities and Exchange Commission,
facilitate communication and information sharing with
international public, private, and not-for-private
entities relating to--
(i) the creation of an international
financial court; and
(ii) establishing an international process
for the adjudication of cases of financial
fraud; and
(D) study investigative and insurance protection
frameworks for international United States investments.
(4) Reports.--Not later than 3 months after the date of the
enactment of this Act, and quarterly thereafter, the Commission
shall issue a report to the Congress containing--
(A) the Commission's recommendations on how an
international financial court could be structured;
(B) the Commission's recommendation on how a
process for the international adjudication of claims of
financial fraud could be structured; and
(C) any additional recommendations of the
Commission.
(5) Termination.--The Commission shall terminate on the
date that is 1 year after the date of the enactment of this
Act.
(6) Funding.--The cost of funding the Commission shall be
divided equally among each Federal agency or department which
is represented by a Member of the Commission. Notwithstanding
the previous sentence, any State, local, private, or not-for-
profit entity that chooses to may also contribute funds to pay
for the cost of funding the Commission. | Support Investment Protection for Customers Reform Act of 2009 - Amends the Securities Investor Protection Act to increase from $100,000 to $250,000 (with inflation adjustments) the amount of an investor's net equity claim for cash that the Securities Investor Protection Corporation (SIPC) (a nonprofit, nongovernment, membership corporation funded by its broker-dealer members) insures in the event the investor's broker-dealer becomes insolvent.
Increases the federal line of credit available to the SIPC.
Increases from $150 to $1,000 the minimum annual assessment paid by SIPC members.
Allows the SIPC to appoint itself or one of its employees as trustee, without regard to the amount of liabilities to unsecured general creditors and to subordinated lenders involved, if there appear to be fewer than 5,000 (currently 500) customers of a broker-dealer member facing liquidation.
Prohibits SIPC advances to the insiders of failed or failing broker-dealers.
Raises the aggregate customer claim limit on the SIPC's authority to use the direct payment procedure rather than instituting a liquidation proceeding with regard to failed or failing members.
Increases the maximum fine imposed on SIPC members that engage in certain prohibited acts.
Establishes civil liability and criminal penalties for misrepresentations of SIPC membership or protection.
Creates, within the Office of Inspector General of the Securities and Exchange Commission (SEC), a Commission on International Financial Fraud to study the potential structure of, and benefits of establishing, an international financial court and process for the adjudication of financial fraud cases. | {"src": "billsum_train", "title": "To increase securities protection coverage in the event of stolen or missing assets, and for other purposes."} | 2,627 | 342 | 0.483207 | 1.492545 | 0.697227 | 1.941379 | 8.106897 | 0.796552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Mentor Teacher Act''.
SEC. 2. MENTOR TEACHER PROGRAMS.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6601 et seq.) is amended--
(1) by redesignating part E as part F; and
(2) by inserting after part D the following new part:
``PART E--MENTOR TEACHER PROGRAM
``SEC. 2351. PURPOSES.
``The purposes of this part are to give local educational agencies
the resources to establish mentor teacher programs to enable
experienced teachers to train novice or beginner teachers.
``SEC. 2352. DEFINITIONS.
``In this part:
``(1) Board certified.--The term `board certified' means
successful completion of all requirements to be certified by
the National Board for Professional Teaching Standards.
``(2) Mentor teacher.--The term `mentor teacher' means a
teacher who--
``(A) is permanently certified or licensed;
``(B) has demonstrated mastery of pedagogical and
subject matter skills (such as by becoming board
certified);
``(C) has provided evidence of superior teaching
abilities and interpersonal relationship qualities; and
``(D) provides mentor services for not more than 2
academic years out of 5 academic years.
``(3) Novice teacher.--The term `novice teacher' means a
teacher who has been teaching not more than 3 years at a public
elementary school or secondary school.
``SEC. 2353. PROGRAM AUTHORIZED.
``(a) Authority.--
``(1) In general.--The Secretary is authorized to award
grants on a competitive basis to local educational agencies to
develop and implement mentor teacher programs as described in
subsection (d).
``(2) Geographic distribution.--To the maximum extent
practicable, the Secretary shall award grants under paragraph
(1) so that such grants are distributed among the school
districts with the highest concentration of novice teachers.
``(b) Duration.--A grant under subsection (a) shall be awarded for
a period of 5 years.
``(c) Amount.--The amount of a grant awarded under subsection (a),
shall be determined based on--
``(1) the total amount appropriated for a fiscal year under
section 2358 and made available to carry out this part; and
``(2) the extent of the concentration of novice teachers in
the school district involved.
``(d) Authorized Activities.--The mentor teacher programs described
in subsection (a) shall provide training to novice teachers on
effective teaching techniques through observation, instruction,
coaching, and mentoring by experienced educators.
``SEC. 2354. APPLICATIONS.
``(a) In General.--A local educational agency desiring a grant
under section 2353 shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
``(b) Contents.--Each application submitted pursuant to subsection
(a) shall include--
``(1) a statement describing the program activities for
which amounts received under the grant will be used;
``(2) a statement describing the goals and objectives for
the program activities described in paragraph (1), including
goals of--
``(A) enhancing overall student achievement;
``(B) increasing the number of permanently
certified and licensed teachers;
``(C) increasing the number of provisionally
certified and licensed teachers seeking board
certification; and
``(D) maximizing the retention in the profession of
teaching of certified and licensed teachers; and
``(3) a statement describing the manner in which the goals
and objectives described in paragraph (2) will be measured.
``(c) Approval of Application.--The Secretary shall make a
determination regarding an application submitted under subsection (a)
based on a recommendation of a peer review panel described in
subsection (d), and any other criteria that the Secretary determines to
be appropriate.
``(d) Peer Review Panel.--
``(1) Establishment.--The Secretary shall establish a peer
review panel to review and make recommendations as to whether
applications submitted pursuant to subsection (a) should be
approved.
``(2) Recommendations.--In making a recommendation
described in paragraph (1), the panel shall give consideration
to the same factors that the Secretary is required to consider
under section 2353(a)(2).
``SEC. 2355. PAYMENTS.
``(a) In General.--Grant payments shall be made under this part on
an annual basis.
``(b) Administrative Costs.--Each local educational agency that
receives a grant under section 2353 shall use not more than 2 percent
of the amount awarded under the grant for administrative costs.
``(c) Denial of Grant.--If the Secretary determines that a local
educational agency has failed to make substantial progress in attaining
the performance objectives and goals described in section 2354(b)(2),
such an agency shall not be eligible for a grant payment under this
part in the next succeeding year.
``SEC. 2356. REPORTS.
``(a) Report by the Secretary.--Not later than 6 months after
receipt of reports described in subsection (b), the Secretary shall
prepare and submit to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education and the Workforce
of the House of Representatives a report of program activities funded
under this part.
``(b) Report by Applicant.--Not later than March 31, 2004, each
local educational agency receiving a grant under this part shall submit
a report to the Secretary describing whether the program established
under section 2353 was effective in meeting the goals described in
subparagraphs (A) through (D) of section 2354(b)(2).
``SEC. 2357. MATCHING REQUIREMENT.
``The Secretary may not award a grant to a local educational agency
under section 2353 unless the local educational agency agrees that,
with respect to costs to be incurred by the agency in carrying out
activities for which the grant was awarded, the agency shall provide
(directly or through donations from public or private entities) in non-
Federal contributions an amount equal to 25 percent of the amount of
the grant awarded to the agency.
``SEC. 2358. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this part
$50,000,000 for each of the fiscal years 2000 through 2004.''. | Authorizes the Secretary of Education to make competitive five-year grants to local educational agencies (LEAs) to develop and implement mentor teacher programs that provide training to novice teachers on effective teaching techniques through observation, instruction, coaching, and mentoring by experienced educators. Requires the Secretary to establish peer review panels to review LEA applications and make recommendations on which ones should be approved. Requires LEA matching funds. Authorizes appropriations. | {"src": "billsum_train", "title": "21st Century Mentor Teacher Act"} | 1,457 | 96 | 0.552338 | 1.304918 | 0.683638 | 3.481013 | 17.012658 | 0.848101 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Rights Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Unfair Labor Practices.--Section 8(b)(1) of the National Labor
Relations Act (29 U.S.C. 158(b)(1)) is amended by inserting ``interfere
with'' before ``restrain''
(b) Representatives and Elections.--Section 9 of the National Labor
Relations Act (29 U.S.C. 159) is amended--
(1) in subsection (a)--
(A) by striking ``designated or selected for the
purposes of collective bargaining'' and inserting ``for
the purposes of collective bargaining selected by
secret ballot in an election conducted by the Board,'';
and
(B) by inserting before the period the following:
``: Provided further, That, for purposes of determining
the majority of the employees in a secret ballot
election in a unit, the term `majority' shall mean the
majority of all the employees in the unit, and not the
majority of employees voting in the election''; and
(2) in subsection (e), by adding at the end the following:
``(3) Not later than 36 months after the initial certification of a
labor organization as the exclusive representative of employees in an
appropriate bargaining unit, and each 3-year period thereafter, a
neutral, private organization chosen by agreement between the employer
and the labor organization involved, after a notice period of not less
than 35 days, shall conduct a secret ballot election among such
employees to determine whether a majority desire to continue to be
represented by such labor organization. The cost to the third party
that is conducting the election shall be shared equally by the labor
organization and the employer involved. The election shall be conducted
without regard to the pendency of any unfair labor practice charge
against the employer or the labor organization representative and the
Board shall rule on any objections to the election pursuant to its
established timeframes for resolving such matters. If a majority of the
votes cast reject the continuing representation by the labor
organization, the Board shall withdraw the labor organization's
certification.''
(c) Fair Representation in Elections.--Section 9 of the National
Labor Relations Act (29 U.S.C. 159) is amended--
(1) in subsection (b), by inserting ``prior to an
election'' after ``in each case''; and
(2) in subsection (c)--
(A) in the flush matter following paragraph
(1)(B)--
(i) by inserting ``of 14 days in advance''
after ``appropriate hearing upon due notice'';
(ii) by inserting ``, and a review of post-
hearing appeals,'' after ``the record of such
hearing''; and
(iii) by adding at the end the following:
``No election shall be conducted less than 40
calendar days following the filing of an
election petition. The employer shall provide
the Board a list of employee names and home
addresses of all eligible voters within 7 days
following the Board's determination of the
appropriate unit or following any agreement
between the employer and the labor organization
regarding the eligible voters.''; and
(B) by adding at the end the following:
``(6)(A) No election shall take place after the filing of any
petition unless and until--
``(i) a hearing is conducted before a qualified hearing
officer in accordance with due process on any and all material,
factual issues regarding jurisdiction, statutory coverage,
appropriate unit, unit inclusion or exclusion, or eligibility
of individuals; and
``(ii) the issues are resolved by a Regional Director,
subject to appeal and review, or by the Board.
``(B) No election results shall be final and no labor organization
shall be certified as the bargaining representative of the employees in
an appropriate unit unless and until the Board has ruled on--
``(i) each pre-election issue not resolved before the
election; and
``(ii) the Board conducts a hearing in accordance with due
process and resolves each issue pertaining to the conduct or
results of the election.''
(d) Penalties.--Section 10 of the National Labor Relations Act (29
U.S.C. 160) is amended by inserting after the second sentence following
the second proviso, the following : ``Any labor organization found to
have interfered with, restrained, or coerced employees in the exercise
of their rights under section 7 to form or join a labor organization or
to refrain therefrom, including the filing of a decertification
petition, shall be liable for wages lost and union dues or fees
collected unlawfully, if any, and an additional amount as liquidated
damages. Any labor organization found to have interfered with,
restrained, or coerced an employee in connection with the filing of a
decertification petition shall be prohibited from filing objections to
an election held pursuant to such petition.''.
SEC. 3. AMENDMENTS TO THE LABOR-MANAGEMENT REPORTING AND DISCLOSURE ACT
OF 1959.
(a) Definition.--Section 3(k) of the Labor-Management Reporting and
Disclosure Act of 1959 (29 U.S.C. 402(k)) is amended by striking
``ballot, voting machine, or otherwise, but'' and inserting ``paper
ballot, voting machine, or electronic ballot cast in the privacy of a
voting booth and''.
(b) Rights of Members.--Section 101(a)(1) of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 411(a)(1)) is amended
by adding at the end the following ``Every employee in a bargaining
unit represented by a labor organization, regardless of membership
status in the labor organization, shall have the same right as members
to vote by secret ballot regarding whether to ratify a collective
bargaining agreement with, or to engage in, a strike or refusal to work
of any kind against their employer.''.
(c) Right Not To Subsidize Union Nonrepresentational Activities.--
Title I of the Labor-Management Reporting and Disclosure Act of 1959
(29 U.S.C. 411 et seq.) is amended by adding at the end the following:
``SEC. 106. RIGHT NOT TO SUBSIDIZE UNION NONREPRESENTATIONAL
ACTIVITIES.
``No employee's union dues, fees, or assessments or other
contributions shall be used or contributed to any person, organization,
or entity for any purpose not directly germane to the labor
organization's collective bargaining or contract administration
functions unless the member, or nonmember required to make such
payments as a condition of employment, authorizes such expenditure in
writing, after a notice period of not less than 35 days. An initial
authorization provided by an employee under the preceding sentence
shall expire not later than 1 year after the date on which such
authorization is signed by the employee. There shall be no automatic
renewal of an authorization under this section.''.
(d) Limitations.--Section 101(a) of the Labor-Management Reporting
and Disclosure Act of 1959 (29 U.S.C. 411(a)) is amended by adding at
the end the following:
``(6) Limitation.--No strike shall commence without the consent of
a majority of all employees affected, determined by a secret ballot
vote conducted by a neutral, private organization chosen by agreement
between the employer and the labor organization involved. In any case
in which the employer involved has made an offer for a collective
bargaining agreement, the employees involved shall be provided with an
opportunity for a secret ballot vote on such offer prior to any vote
relating to the commencement of a strike. The cost of any such election
shall be borne by the labor organization.''.
(e) Acts of Violence.--Section 610 of the Labor-Management
Reporting and Disclosure Act of 1959 (29 U.S.C. 530) is amended--
(1) by striking ``It shall'' and inserting ``(a) It
shall''; and
(2) by adding at the end the following:
``(b) It shall be unlawful for any person, through the use of force
or violence, or threat of the use of force or violence, to restrain,
coerce, or intimidate, or attempt to restrain, coerce, or intimidate
any person for the purpose of obtaining from any person any right to
represent employees or any compensation or other term or condition of
employment. Any person who willfully violates this subsection shall be
fined not more than $100,000 or imprisoned for not more than 10 years,
or both.
``(c) The lawfulness of a labor organization's objectives shall not
remove or exempt from the definition of extortion conduct by the labor
organization or its agents that otherwise constitutes extortion as
defined by section 1951(b)(2) of title 18, United States Code, from the
definition of extortion.''. | Employee Rights Act - Amends the National Labor Relations Act (NLRA) to make it an unlawful labor practice for a labor organization or its agents to interfere with the rights of employees to organize and select representation to collectively bargain.
Adds a requirement that representatives be selected by secret ballot in an election conducted by the National Labor Relations Board (NLRB) by a majority of the employees in a unit. Defines "majority" for purposes of determining the majority of employees in an election to mean the majority of all employees in the unit, and not the majority of employees voting in the election.
Requires a neutral, private organization, chosen by agreement between an employer and a labor organization that is the exclusive representative of employees in an appropriate bargaining unit, to conduct a secret ballot election by the employees, every three years after the labor organization's initial certification, to determine whether a majority desire to continue to be represented by that labor organization.
Requires the NLRB to decide, before the election of a labor organization as the exclusive collective bargaining representative of all employees of an appropriate unit, whether such unit shall be the employer unit, craft unit, plant unit, or subdivision unit.
Requires the NLRB to give 14 days advance notice before a hearing when it is investigating an election petition if it has reasonable cause to believe that a question of representation affecting commerce exists.
Revises the requirement that the NLRB direct an election by secret ballot, and certify its results, whenever it finds upon the record of such a hearing that a question of representation exists. Adds a requirement that the NLRB also review all post-hearing appeals before finding that such a question exists.
Prohibits an election less than 40 calendar days following the filing of an election petition. Requires an employer to provide the NLRB a list of employee names and home addresses of all eligible voters within 7 days after an NLRB determination of the appropriate unit or following any agreement between the employer and the labor organization regarding eligible voters.
Prohibits an election after the filing of a petition unless and until: (1) a hearing is conducted before a qualified hearing officer on any and all material, factual issues regarding jurisdiction, statutory coverage, appropriate unit, unit inclusion or exclusion, or eligibility of individuals; and (2) the issues are resolved by a regional Director, subject to appeal and review, or by the NLRB.
Declares that election results shall not be final nor any labor organization be certified as a bargaining representative unless the NLRB has ruled on: (1) each pre-election issue not resolved before the election; and (2) the NLRB conducts a hearing and resolves each issue pertaining to the conduct or results of the election.
Makes any labor organization found to have interfered with, restrained, or coerced employees in the exercise of their rights to form or join a labor organization or to refrain from forming or joining (including the filing of a decertification petition) liable for lost wages and unlawfully collected union dues and fees, if any, and an additional amount as liquated damages.
Amends the Labor-Management Reporting and Disclosure Act of 1959 (Landrum-Griffin Act) to permit an election by secret ballot to be conducted through votes cast by electronic ballot cast in the privacy of a voting booth.
Requires every employee in a bargaining unit represented by a labor organization, regardless of membership status, to have the same right as members to vote by secret ballot to ratify a collective bargaining agreement with, or to engage in, a strike or refusal to work of any kind against their employer.
Prohibits the use of an employee's union dues for any purpose not directly related to the labor organization's collective bargaining, unless that employee authorizes such expenditure in writing.
Prohibits a strike without the consent of a majority of all employees affected, determined by a secret ballot vote conducted by a neutral, private organization chosen by agreement between the employer and the labor organization.
Makes it unlawful for a person to use force or violence, or threaten the use of force or violence, to restrain, coerce, or intimidate a person, or attempt to, in order to obtain from any person any right to represent employees, compensation, or other term or condition of employment. Subjects persons who willfully violate such prohibitions to both civil and criminal penalties. | {"src": "billsum_train", "title": "A bill to provide protections from workers with respect to their right to select or refrain from selecting representation by a labor organization."} | 2,047 | 975 | 0.607794 | 1.970926 | 0.803886 | 4.311828 | 2.148148 | 0.902031 |
SECTION 1. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary of the Army (referred to in
this section as the ``Secretary'') shall establish a pilot
program to provide environmental assistance to non-Federal
interests in the Chesapeake Bay watershed.
(2) Form.--The assistance shall be in the form of design
and construction assistance for water-related environmental
infrastructure and resource protection and development projects
affecting the Chesapeake Bay estuary, including projects for
sediment and erosion control, protection of eroding shorelines,
protection of essential public works, wastewater treatment and
related facilities, water supply and related facilities, and
beneficial uses of dredged material, and other related projects
that may enhance the living resources of the estuary.
(b) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned, and will be publicly operated and maintained.
(c) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design and
construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal, State, and local
officials, of a facilities or resource protection and
development plan, including appropriate engineering
plans and specifications and an estimate of expected
resource benefits.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation and maintenance of the project by
the non-Federal interest.
(d) Cost Sharing.--
(1) Federal share.--Except as provided in paragraph (2)(B),
the Federal share of the total project costs of each local
cooperation agreement entered into under this section shall be
75 percent.
(2) Non-federal share.--
(A) Value of lands, easements, rights-of-way, and
relocations.--In determining the non-Federal
contribution toward carrying out a local cooperation
agreement entered into under this section, the
Secretary shall provide credit to a non-Federal
interest for the value of lands, easements, rights-of-
way, and relocations provided by the non-Federal
interest, except that the amount of credit provided for
a project under this paragraph may not exceed 25
percent of total project costs.
(B) Operation and maintenance costs.--The non-
Federal share of the costs of operation and maintenance
of carrying out the agreement under this section shall
be 100 percent.
(e) Applicability of Other Federal and State Laws and Agreements.--
(1) In general.--Nothing in this section waives, limits, or
otherwise affects the applicability of any provision of Federal
or State law that would otherwise apply to a project carried
out with assistance provided under this section.
(2) Cooperation.--In carrying out this section, the
Secretary shall cooperate fully with the heads of appropriate
Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through
the Director of the United States Fish and Wildlife
Service; and
(D) the heads of such other Federal agencies and
departments and agencies of a State or political
subdivision of a State as the Secretary determines to
be appropriate.
(f) Demonstration Project.--The Secretary shall establish at least
one project under this section in each of the States of Maryland,
Virginia, and Pennsylvania. A project established under this section
shall be carried out using such measures as are necessary to protect
environmental, historic, and cultural resources.
(g) Report.--Not later than December 31, 1998, the Secretary shall
transmit to Congress a report on the results of the program carried out
under this section, together with a recommendation concerning whether
or not the program should be implemented on a national basis.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for fiscal year
1995, to remain available until expended. | Directs the Secretary of the Army to establish a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed. Requires such assistance to be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects affecting the Bay's estuary. Permits assistance for a project only if it is publicly owned and will be publicly operated and maintained. Sets forth requirements for local cooperation agreements with non-Federal interests.
Sets the Federal share at 75 percent of total project costs. Requires the non-Federal share of operation and maintenance costs to be 100 percent.
Directs the Secretary to establish at least one project in each of the States of Maryland, Pennsylvania, and Virginia.
Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the establishment of a pilot program to provide environmental assistance to non-Federal interests in the Chesapeake Bay watershed, and for other purposes."} | 974 | 180 | 0.58274 | 1.625085 | 0.885196 | 4.060811 | 5.912162 | 0.885135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Access to Credit Act of
2010''.
SEC. 2. BUSINESS AND INDUSTRY DIRECT AND GUARANTEED LOANS.
(a) Tangible Equity Requirements.--Section 310B(d) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(d)) is
amended by striking paragraph (6) and inserting the following:
``(6) Equity.--In the case of direct or guaranteed loans
under this section, the Secretary shall use commercial lending
standards in determining any equity requirement.''.
(b) General Terms.--Section 310B(g) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(g)) is amended by adding at the
end the following:
``(10) General terms.--
``(A) Maximum loan guarantee amount.--
``(i) In general.--Notwithstanding any
other provision of this Act, during the period
beginning on the date of enactment of this
paragraph and ending on December 31, 2011, the
Secretary shall guarantee up to 90 percent of a
business and industry loan in an amount of up
to $10,000,000 that is a high priority project,
as determined based on published criteria of
the Secretary that includes rural economic
factors.
``(ii) Subsequent fiscal years.--
Notwithstanding any other provision of this
Act, beginning on January 1, 2012, the
Secretary may guarantee up to 80 or 90 percent
(as determined by the Secretary) of a business
and industry loan in an amount of up to
$10,000,000 that is a high priority project, as
determined based on criteria described in
clause (i).
``(B) Line-of-credit loans.--In guaranteeing
business and industry loans, the Secretary shall
guarantee line-of-credit loans in accordance with
section 316(c).
``(C) Refinancing.--
``(i) In general.--A business and industry
loan may be used by a small business to
refinance debt in existence as of the day
before the date on which the loan was made or
guaranteed, if--
``(I) the project for which the
debt was incurred is viable and will
create or save jobs, as determined by
the Secretary; and
``(II) as of the date of
application for refinancing--
``(aa) the underlying loan
has been current for at least 1
year; and
``(bb) the lender is
providing better rates and
longer terms than under the
original loan.
``(ii) Subordinated owner debt.--
Subordinated owner debt shall not be eligible
for inclusion in debt described in clause (i).
``(D) Audit standards.--Notwithstanding any other
provision of law, the Secretary--
``(i) shall not require audited financial
statements consistent with generally accepted
accounting principles for business and industry
loans of less than $1,000,000; and
``(ii) may waive any requirement for
audited financial statements consistent with
generally accepted accounting principles for
business and industry loans of at least
$1,000,000.
``(E) Calculation of delinquency rates.--To allow
accurate comparison of delinquency rates among Federal
agencies, in calculating the delinquency rate for
business and industry loans, the Secretary shall use
the calculation method used by the Administrator of the
Small Business Administration.''.
(c) Sense of Congress Relating to the Rural Microentrepreneur
Assistance Program.--It is the sense of Congress that in allocating
discretionary funds of the Secretary of Agriculture, the Secretary of
Agriculture should give priority to the rural microentrepreneur
assistance program established under section 379E of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2008s).
(d) Budgetary Effects.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go-Act of 2010,
shall be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for
printing in the Congressional Record by the Chairman of the Senate
Budget Committee, provided that such statement has been submitted prior
to the vote on passage. | Rural Access to Credit Act of 2010 - Amends the Consolidated Farm and Rural Development Act to direct the Secretary of Agriculture (USDA) to use commercial lending standards in determining equity requirements for rural entity direct or guaranteed loans.
Directs the Secretary, through December 31, 2011, to guarantee up to 90% of high priority business and industry loans up to $10 million. Authorizes the Secretary, beginning on January 1, 2012, to guarantee up to 80% or 90% of high priority business and industry loans up to $10 million. Directs the Secretary to guarantee related line-of-credit loans.
Authorizes business and industry loans to be used for refinancing.
Waives audit requirements for business and industry loans under $1 million. Authorizes audit waiver for loans of at least $1 million.
Directs the Secretary to use the Small Business Administration (SBA) calculation method in calculating the delinquency rate for business and industry loans.
Expresses the sense of Congress that in allocating discretionary funds the Secretary should give priority to the rural microentrepreneur assistance program. | {"src": "billsum_train", "title": "A bill to amend the Consolidated Farm and Rural Development Act to improve the business and industry direct and guaranteed loan program of the Department of Agriculture."} | 956 | 223 | 0.654332 | 1.842804 | 0.926316 | 3.043902 | 4.107317 | 0.878049 |
SECTION 1. REPEAL OF THE MILITARY SELECTIVE SERVICE ACT.
(a) Repeal.--The Military Selective Service Act (50 U.S.C. App. 451
et seq.) is repealed.
(b) Transfers in Connection With Repeal.--Notwithstanding the
proviso in section 10(a)(4) of the Military Selective Service Act (50
U.S.C. App. 460(a)(4)), the Office of Selective Service Records shall
not be reestablished upon the repeal of the Act. The assets, contracts,
property, and records held by the Selective Service System, and the
unexpended balances of any appropriations available to the Selective
Service System, shall be transferred to the Administrator of General
Services upon the repeal of the Act. The Director of the Office of
Personnel Management shall assist officers and employees of the
Selective Service System to transfer to other positions in the
executive branch.
(c) Termination of Sanctions for Persons Previously Subject to
Registration.--Notwithstanding any other provision of law, a person may
not be denied a right, privilege, benefit, or employment position under
Federal law on the grounds that the person failed to present himself
for and submit to registration under section 3 of the Military
Selective Service Act (50 U.S.C. App. 453), before the repeal of that
Act by subsection (a).
(d) Conforming Amendments.--
(1) Title 5.--Title 5, United States Code, is amended as
follows:
(A) By striking section 3328.
(B) In the table of sections at the beginning of
chapter 33, by striking the item relating to section
3328.
(C) In section 5102(b), by striking ``, including
positions'' and all that follows through ``those
positions''.
(D) In section 5315, by striking the paragraph
relating to the Director of Selective Service.
(2) Title 8.--The Immigration and Nationality Act (8 U.S.C.
1101 et seq.) is amended as follows:
(A) In section 101(a)(19) (8 U.S.C. 1101(a)(19))--
(i) by striking ``section 3(a) of the
Selective Training and Service Act of 1940, as
amended (54 Stat. 885; 55 Stat. 844), or under
section 4(a) of the Selective Service Act of
1948, as amended (62 Stat. 605; 65 Stat. 76) or
under''; and
(ii) by striking ``sections or''.
(B) In section 237(a)(2)(D)(iii) (8 U.S.C.
1227(a)(2)(D)(iii)), by striking ``any provision of the
Military Selective Service Act (50 U.S.C. App. 451 et
seq.) or''.
(C) In section 245A(a)(4) (8 U.S.C. 1255a(a)(4))--
(i) by adding ``and'' at the end of
subparagraph (B);
(ii) by striking ``, and'' at the end of
subparagraph (C) and inserting a period; and
(iii) by striking subparagraph (D).
(D) In section 315(b) (8 U.S.C. 1426(b)), by
inserting ``former'' before ``Selective Service
System''.
(3) Title 10.--Title 10, United States Code, is amended as
follows:
(A) In section 101(d)(6)(B), by striking clause
(v).
(B) In section 513--
(i) in subsection (a), by striking
``(except as provided in subsection (c))'';
(ii) by striking subsection (c); and
(iii) by redesignating subsection (d) as
subsection (c).
(C) In section 523(b), by striking paragraph (7).
(D) In section 641(1)--
(i) by inserting ``or'' at the end of
subparagraph (E);
(ii) by striking subparagraph (F); and
(iii) by redesignating subparagraph (G) as
subparagraph (F).
(E) In section 651(a), by striking ``, other than a
person deferred under the next to the last sentence of
section 6(d)(1) of the Military Selective Service Act
(50 U.S.C App. 456(d)(1))''.
(F) In section 671(c)(1), by striking ``and may be
established notwithstanding section 4(a) of the
Military Selective Service Act (50 U.S.C. App.
454(a))''.
(G) In section 1049(2), by striking ``and selective
service registrants called for induction''.
(H) In section 1475(a)(5), by striking ``who--''
and all that follows through the period and inserting
``who has been provisionally accepted for that duty.''.
(I) In section 12103--
(i) in subsection (b), by striking
``, and who is not under orders to report for
induction into an armed force under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.),''; and
(ii) in subsection (d), by striking ``and
who is not under orders to report for induction
into an armed force under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.), except as provided in section 6(c)(2)(A)
(ii) and (iii) of such Act,''.
(J) In section 12104(a)--
(i) by striking ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.)'' in the third sentence.
(K) In section 12208(a)--
(i) by striking ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.),'' in the first sentence; and
(ii) by striking ``or under the Military
Selective Service Act (50 U.S.C. App. 451 et
seq.)'' in the third sentence.
(L) In section 12647--
(i) by striking ``who is assigned to the
Selective Service System or'';
(ii) by striking ``assignment or''; and
(iii) by striking the section heading and
inserting the following:
``Sec. 12647. Commissioned officers: retention in active status while
serving as United States property and fiscal officers''.
(M) In the table of sections at the beginning of
chapter 1219, by striking the item relating to section
12647 and inserting the following new item:
``12647. Commissioned officers: retention in active status while
serving as United States property and
fiscal officers.''.
(4) Title 20.--Section 484 of the Higher Education Act of
1965 (20 U.S.C. 1091) is amended by striking subsection (n).
(5) Title 22.--Section 23 of the Peace Corps Act (22 U.S.C.
2520) is repealed.
(6) Title 26.--Section 3121(n)(5) of the Internal Revenue
Act of 1986 (26 U.S.C. 3121(n)(5)) is amended by striking
``service--'' and all that follows through ``such place;'' and
inserting ``service who has been provisionally accepted for
such duty and has been ordered or directed to proceed to such
place.''.
(7) Title 29.--The Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.) is amended as follows:
(A) In section 146 (29 U.S.C. 2886)--
(i) by striking subsection (a); and
(ii) by striking ``(b) Period of
Enrollment.--''.
(B) In section 189 (29 U.S.C. 2939)--
(i) by striking subsection (h); and
(ii) by redesignating subsection (i) as
subsection (h).
(8) Title 36.--Section 902(d)(5) of title 36, United States
Code, is amended by striking subparagraph (D).
(9) Title 37.--Title 37, United States Code, is amended as
follows:
(A) In section 209(a), by striking the last
sentence.
(B) In section 308e(1)--
(i) in subparagraph (A), by striking ``or
under section 6(d)(1) of the Military Selective
Service Act (50 U.S.C. App. 456(d)(1))''; and
(ii) in subparagraph (B), by striking ``or
section 6(d)(1) of the Military Selective
Service Act (50 U.S.C. App. 456(d)(1))''.
(10) Title 42.--(A) Section 210(m)(5) of the Social
Security Act (42 U.S.C. 410(m)(5)) is amended by striking out
``service--'' and all that follows through ``such place;'' and
inserting ``service who has been provisionally accepted for
such duty and has been ordered or directed to proceed to such
place.''.
(B) Section 1007(b) of the Legal Services Corporation Act
(42 U.S.C. 2996f(b)) is amended by striking out paragraph (10)
and inserting in lieu thereof the following new paragraph:
``(10) to provide legal assistance with respect to any
proceeding or litigation arising out of desertion from the
Armed Forces; or''.
(e) Effective Date.--This Act, and the amendments made by this Act,
shall take effect 180 days after the date of the enactment of this Act. | Repeals the Military Selective Service Act.Prohibits the Office of Selective Service Records from being reestablished upon such repeal. Transfers the assets, property, and records held by the Selective Service System (SSS), as well as unexpended balances, to the Administrator of General Services. Requires the Director of the Office of Personnel Management to assist officers and employees of the SSS to transfer to other positions in the executive branch.Prohibits any person from being denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to register under the Military Selective Service Act before its repeal. | {"src": "billsum_train", "title": "To repeal the Military Selective Service Act."} | 2,351 | 143 | 0.556153 | 1.521131 | 0.72554 | 5.401709 | 16.367521 | 0.905983 |
SECTION 1. BORDER PREPAREDNESS ON INDIAN LAND.
Subtitle D of title IV of the Homeland Security Act of 2002 (6
U.S.C. 251 et seq.) is amended by adding at the end the following:
``SEC. 447. BORDER PREPAREDNESS PILOT PROGRAM ON INDIAN LAND.
``(a) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' means--
``(A) all land within the boundaries of any Indian
reservation; and
``(B) any land the title to which is--
``(i) held in trust by the United States
for the benefit of an Indian tribe or
individual; or
``(ii) held by any Indian tribe or
individual--
``(I) subject to a restriction by
the United States against alienation;
and
``(II) over which an Indian tribe
exercises governmental authority.
``(2) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community that is recognized by the Secretary as--
``(A) eligible for the special programs and
services provided by the United States to Indians
because of their status as Indians; and
``(B) possessing powers of self-government.
``(3) Tribal government.--The term `tribal government'
means the governing body of an Indian tribe.
``(b) Purpose.--The purpose of this section is to require the
Secretary, acting through the Office of Domestic Preparedness, to
establish a pilot program for not fewer than 6 tribal governments on
Indian land located on or near the border of the United States with
Canada or Mexico in order to--
``(1) facilitate the coordination of the response of an
Indian tribe to a threat to the security of an international
border of the United States with the responses of Federal,
State, and local governments;
``(2) enhance the capability of an Indian tribe as a first
responder to an illegal crossing of an immigrant over an
international border of the United States;
``(3) provide training and technical assistance to Indian
tribes in the use by the tribes of effective surveillance
technologies, integrated communication systems and equipment,
and personnel training; and
``(4) provide technical advice and assistance to Indian
tribes to plan and implement strategies to detect and prevent--
``(A) any illegal entry by a person into the land
of the tribes; and
``(B) the transportation of any illegal substance
within or near the boundaries of the land of the
tribes.
``(c) Pilot Program.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary, acting through the
Office of Domestic Preparedness, shall establish a pilot
program under which the Secretary provides direct grants to
eligible tribal governments, as determined by the Secretary, to
achieve the purposes of this section.
``(2) Use of funds and assistance.--
``(A) In general.--A tribal government shall use
any funds or assistance provided under paragraph (1)
consistent with the purposes of this section.
``(B) Administration by tribal governments.--A
tribal government that receives any funds or assistance
under paragraph (1) shall administer the funds or
assistance in accordance with any requirement or
regulation promulgated by the Secretary.
``(3) Selection criteria.--In selecting a tribal government
to receive funds or assistance under paragraph (1), the
Secretary may take into consideration--
``(A) the distance between the Indian land in the
jurisdiction of the tribal government and an
international border of the United States;
``(B) the extent to which the resources of the
Indian tribe are affected by--
``(i) a border enforcement effort; or
``(ii) the threat of illegal immigration;
and
``(C) the interests of the Indian tribe.
``(d) Reports.--
``(1) Tribal governments.--
``(A) In general.--Not later than 1 year after
receiving funds or assistance under subsection (c) and
annually thereafter, a tribal government shall submit
to the Secretary a report in such a manner and
containing such information as the Secretary may
require.
``(B) Inclusion.--A report under subparagraph (A)
shall include a description of--
``(i) any funds or assistance received by
the tribal government under this section;
``(ii) the use of the funds or assistance
by the tribal government;
``(iii) any obstacle encountered by the
tribal government in administering the funds or
assistance; and
``(iv) any accomplishment made or obstacle
encountered by the tribal government in
developing a cooperative effort with another
Indian tribe, the Federal Government, or a
State or local government, and the effect of
the accomplishment or obstacle on the tribe.
``(2) Secretary.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing--
``(A) the information contained in the reports
under paragraph (1);
``(B) the degree of success of--
``(i) the Secretary in implementing the
pilot program; and
``(ii) each project under the pilot program
under subsection (c) in achieving the goals of
the pilot program; and
``(C) any recommendation, including a legislative
recommendation, of the Secretary relating to the pilot
program.
``(e) Effect of Section.--Nothing in this section affects--
``(1) the authority of the Commissioner of the Bureau of
Customs and Border Protection; or
``(2) any authority of an Indian tribe, tribal
organization, or tribal government participating in a program
under this section.
``(f) Effect of Fund Allocation.--Any funds allocated under this
section shall be in addition to, and not in lieu of, any funds
available to an Indian tribe, tribal organization, or tribal government
under this Act.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,500,000 for each of fiscal
years 2006 through 2008.''. | Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security, acting through the Office of Domestic Preparedness, to establish a border preparedness pilot program of direct grants to up to six eligible tribal governments on Indian land located on or near the border of the United States with Canada or Mexico.
Requires recipients to use grant funds to: (1) facilitate coordination with federal, state, and local governments of the tribe's response to a security threat to an international border of the United States; (2) enhance the tribe's capability as a first responder to an illegal crossing by an immigrant over such a border; (3) provide training and technical assistance in the use of effective surveillance technologies and integrated communication systems and equipment; and (4) provide technical advice and assistance to plan and implement strategies to detect and prevent any illegal entry into tribal land, and the transportation of any illegal substance within or near its boundaries. | {"src": "billsum_train", "title": "A bill to amend the Homeland Security Act of 2002 to provide for a border preparedness pilot program on Indian land."} | 1,360 | 192 | 0.716543 | 1.7741 | 1.028211 | 4.461538 | 7.181319 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Television Violence
Protection Act of 1993''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``violence'' means any action that has as an
element the use or threatened use of physical force against the
person of another, or against one's self, with intent to cause
bodily harm to such person or one's self. For purposes of this
Act, an action may involve violence regardless of whether or
not such action or threat of action occurs in a realistic or
serious context or in a humorous or cartoon type context.
(2) The term ``programming'' includes cartoons.
(3) The term ``child'' or ``children'' means any individual
or individuals under 18 years of age.
(4) The term ``person'' shall have the same meaning given
that term under section 602(14) of the Communications Act of
1934 (47 U.S.C. 522(14)).
(5) The term ``cable operator'' shall have the same meaning
given that term under section 602(4) of the Communications Act
of 1934 (47 U.S.C. 522(4)).
(6) The term ``cable service'' shall have the same meaning
given that term under section 602(5) of the Communications Act
of 1934 (47 U.S.C. 522(5)).
(7) The term ``television broadcast licensee'' means a
``licensee'' as defined in section 3(c) of the Communications
Act of 1934 (47 U.S.C. 153(c)) authorized to engage in
television broadcasting, including independent television
broadcasting.
(8) The term ``franchising authority'' shall have the same
meaning given that term under section 602(10) of the
Communications Act of 1934 (47 U.S.C. 522(10)).
SEC. 3. RULEMAKING REQUIRED.
(a) Standards.--The Federal Communications Commission shall, within
30 days after the date of the enactment of this section, initiate a
rulemaking proceeding to prescribe standards applicable to television
broadcast licensees, and cable operators providing cable service under
a franchise granted by a franchising authority, requiring such
television broadcast licensees and cable operators, including cable
programmers, in connection with the broadcasting of any video
programming which may contain violence, or unsafe gun practices, to
require a video and audio warning at the time of such broadcast to the
effect that such programming may contain violence, or unsafe gun
practices, and may adversely affect the mental or physical health, or
both, of a child, and may, if the events portrayed in such programming
occur in real life, warrant the imposition of criminal penalties.
(b) Contents of Standards.--Standards required by subsection (a)
shall require:
(1) Broadcast television licensees, and cable operators,
including cable programmers, to include, at the beginning of
the programming, and at other appropriate times during such
programming, a warning label, with an audio voice over, to the
effect that the programming may contain violence, or unsafe gun
practices, and may adversely affect the mental or physical
health, or both, of a child, and may, if the events portrayed
in such programming occur in real life, warrant the imposition
of criminal penalties.
(2) Public notice to assist interested persons in
identifying programming which may contain violence, or unsafe
gun practices.
(c) Final Standards.--The Commission shall, within 150 days
following the date of the enactment of this Act, prescribe final
standards in accordance with this section.
(d) Exception.--The provisions of subsection (a) shall not apply to
any programming broadcast, in any time zone, during the period
commencing at 11:00 P.M. and ending at 6:00 A.M.
SEC. 4. VIOLATIONS.
(a) Violations.--If a person violates any rule or regulation issued
or promulgated pursuant to section 3, the Federal Communications
Commission may, after notice and opportunity for hearing, impose on the
person a civil fine of not more than $5,000. For purposes of this
subsection, each day of violation constitutes a separate violation.
(b) Intentional Violations.--If a person intentionally violates any
rule or regulation issued or promulgated pursuant to section 3, the
Federal Communications Commission shall, after notice and opportunity
for hearing, impose on the person a civil fine of not less than $10,000
or more than $25,000. For purposes of this subsection, each day of
violation constitutes a separate violation.
SEC. 5. EXCEPTIONS FOR CERTAIN VIDEO PROGRAMMING.
The Federal Communications Commission may exempt, as public
interest requires, certain video programming from the requirements of
section 3, including news broadcasts, sporting events, educational
programming and documentaries.
SEC. 6. CONSIDERATION OF VIOLATIONS IN BROADCAST LICENSE RENEWAL.
The Federal Communications Commission shall consider, among the
elements in its review of an application for renewal of a television
broadcast license, including an independent television broadcaster,
whether the licensee has complied with the standards required to be
prescribed under section 3 of this Act. | Children's Television Violence Protection Act of 1993 - Requires the Federal Communications Commission (FCC) to prescribe standards requiring television broadcast licensees and cable operators, including cable programmers, to require a video and audio warning with regard to programming that may contain violence or unsafe gun practices, that may adversely affect the mental or physical health of a child, and that may, if the events portrayed in such programming occur in real life, warrant the imposition of criminal penalties.
Exempts any programming broadcast between 11:00 P.M. and 6:00 A.M. Authorizes the FCC to exempt, as public interest requires, certain video programming, including news broadcasts, sporting events, educational programming, and documentaries.
Directs the FCC to consider, in its review of an application for renewal of a television broadcast license, whether the licensee has complied with this Act. | {"src": "billsum_train", "title": "Children's Television Violence Protection Act of 1993"} | 1,154 | 193 | 0.512953 | 1.485281 | 0.764408 | 5.658228 | 6.531646 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in Innovation for
Education Act of 2011''.
SEC. 2. INVESTING IN INNOVATION.
(a) In General.--Title IV of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end
the following:
``PART D--INVESTING IN INNOVATION
``SEC. 4401. PURPOSES.
``The purposes of this part are to--
``(1) fund the identification, development, evaluation, and
expansion of innovative, evidence-based practices, programs,
and strategies in order to significantly--
``(A) increase student academic achievement and
decrease achievement gaps;
``(B) increase high school graduation rates;
``(C) increase college enrollment rates and rates
of college persistence;
``(D) improve teacher and school leader
effectiveness; and
``(E) increase the identification of innovative
educational strategies in rural areas; and
``(2) support the rapid development, expansion, and
adoption of tools and resources that improve the efficiency,
effectiveness, or pace of adoption of such educational
practices, programs, and strategies.
``SEC. 4402. NATIONAL ACTIVITIES.
``The Secretary may reserve not more than 10 percent of the funds
appropriated under section 4408 for each fiscal year to carry out
activities of national significance, which activities may include--
``(1) capacity building;
``(2) technical assistance, including to applicants from
rural areas;
``(3) pre-application workshops and web-based seminars for
potential applicants, including applicants from rural areas;
``(4) the recruitment of peer-reviewers, including
individuals with a background in rural education, to
participate in the review of applications submitted under
section 4404;
``(5) dissemination of best practices developed with grant
funds provided under this part, including best practices
developed with grant funds in rural areas;
``(6) carrying out prize awards consistent with section 24
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719); and
``(7) entering into partnerships with other agencies,
nonprofits, and the private sector to carry out advanced
research and development activities, including research and
activities in rural areas.
``SEC. 4403. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES.
``(a) Program Authorization.--The Secretary shall use funds made
available to carry out this part to award grants, on a competitive
basis, to local educational agencies, educational service agencies, and
nonprofit organizations that propose to provide support to 1 or more
public schools or local educational agencies, or both, consistent with
section 4405.
``(b) Duration of Grants.--The Secretary shall award grants under
this part for a period of not more than 3 years, and may extend such
grants for an additional 2-year period if the grantee demonstrates to
the Secretary that it is making significant progress on the program
performance measures identified in section 4406.
``(c) Rural Areas.--The Secretary shall ensure that not less than
25 percent of the funds awarded under subsection (a) for any fiscal
year are for projects that meet both of the following requirements:
``(1) The grantee is--
``(A) a local educational agency with an urban-
centric district locale code of 32, 33, 41, 42, or 43,
as determined by the Secretary;
``(B) a consortium of such local educational
agencies; or
``(C) an educational service agency or a nonprofit
organization with demonstrated expertise in serving
students from rural areas.
``(2) A majority of the schools to be served by the project
are designated with a school locale code of 41, 42, or 43, or a
combination of such codes, as determined by the Secretary.
``(d) Priorities.--In awarding grants under this part, the
Secretary may give priority to an eligible entity that includes, in its
application under section 4404, a plan to--
``(1) improve early learning outcomes;
``(2) support college access and success;
``(3) support family and community engagement;
``(4) address the unique learning needs of students with
disabilities or English language learners;
``(5) support the effective use of education technology to
improve teaching and learning;
``(6) improve the teaching and learning of science,
technology, engineering, or mathematics; or
``(7) serve schools in rural local educational agencies.
``(e) Standards of Evidence.--The Secretary shall set standards for
the quality of evidence that an applicant shall provide in order to
demonstrate that the activities the applicant proposes to carry out
with funds under this part are likely to succeed in improving student
outcomes or outcomes on other performance measures. These standards may
include any of the following:
``(1) Strong evidence that the activities proposed by the
applicant will have a statistically significant effect on
student academic achievement, student growth, or outcomes on
other performance measures.
``(2) Moderate evidence that the activities proposed by the
applicant will improve student academic achievement, student
growth, or outcomes on other performance measures.
``(3) A rationale based on research findings or a
reasonable hypothesis that the activities proposed by the
applicant will improve student academic achievement, student
growth, or outcomes on other performance measures.
``SEC. 4404. APPLICATIONS.
``(a) Applications.--
``(1) In general.--Each local educational agency,
educational service agency, or nonprofit organization that
desires to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably
require.
``(2) Reasonable period of time.--The Secretary shall
ensure that prospective applicants are provided a reasonable
period of time in which to prepare and submit their
applications.
``(b) Contents.--At a minimum, each application shall--
``(1) describe the project for which the applicant is
seeking a grant and how the evidence supporting that project
meets the standards of evidence established by the Secretary
under section 4403(e);
``(2) describe how the applicant will address at least 1 of
the areas described in section 4405(a)(1);
``(3) provide an estimate of the number of students that
the applicant plans to serve under the proposed project,
including the percentage of those students who are from low-
income families, and the number of students to be served
through additional expansion after the grant ends;
``(4) demonstrate that the applicant has established 1 or
more partnerships with private organizations, nonprofit
organizations, or community-based organizations, and that the
partner or partners will provide matching funds, except that
the Secretary may waive the matching funds requirement, on a
case-by-case, upon a showing of exceptional circumstances, such
as the difficulty of raising matching funds for a project to
serve a rural area;
``(5) describe the applicant's plan for continuing the
proposed project after funding under this part ends;
``(6) if the applicant is a local educational agency--
``(A) document the local educational agency's
record during the previous 3 years in--
``(i) increasing student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v); and
``(ii) decreasing achievement gaps; and
``(B) demonstrate how the local educational agency
has made significant improvements in other outcomes, as
applicable, on the performance measures described in
section 4406;
``(7) if the applicant is a nonprofit organization--
``(A) provide evidence that the nonprofit
organization has helped at least 1 school or local
educational agency, during the previous 3 years,
significantly--
``(i) increase student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v); and
``(ii) reduce achievement gaps; and
``(B) describe how the nonprofit organization has
helped at least 1 school or local educational agency
make a significant improvement, as applicable, in other
outcomes on the performance measures described in
section 4406;
``(8) if the applicant is an educational service agency--
``(A) provide evidence that the agency has helped
at least 1 school or local educational agency, during
the previous 3 years, significantly--
``(i) increase student achievement,
including achievement for each subgroup
described in section 1111(b)(2)(C)(v); and
``(ii) reduce achievement gaps; and
``(B) describe how the agency has helped at least 1
school or local educational agency make a significant
improvement, as applicable, in other outcomes on the
performance measures described in section 4406;
``(9) provide a description of the applicant's plan for
independently evaluating the effectiveness of activities
carried out with funds under this part;
``(10) provide an assurance that the applicant will--
``(A) cooperate with cross-cutting evaluations;
``(B) make evaluation data available to third
parties for validation and further study; and
``(C) participate in communities of practice; and
``(11) if the applicant is a nonprofit organization that
intends to make subgrants, consistent with section 4405(b),
provide an assurance that the applicant will apply paragraphs
(1) through (10), as appropriate, in the applicant's selection
of subgrantees and in its oversight of those subgrants.
``(c) Criteria for Evaluating Applications.--The Secretary shall
award grants under this part on a competitive basis, based on the
quality of the applications submitted and, consistent with the
standards established under section 4403(e), each applicant's
likelihood of achieving success in improving student outcomes or
outcomes on other performance measures.
``SEC. 4405. USES OF FUNDS.
``(a) Uses of Funds.--Each local educational agency, educational
service agency, or nonprofit organization that receives a grant under
this part--
``(1) shall use the grant funds to address, at a minimum, 1
of the following areas of school innovations:
``(A) Improving the effectiveness of teachers and
school leaders and promoting equity in the distribution
of effective teachers and school leaders.
``(B) Strengthening the use of data to improve
teaching and learning.
``(C) Providing high-quality instruction based on
rigorous standards that build toward college and career
readiness and measuring students' mastery using high-
quality assessments aligned to those standards.
``(D) Turning around the lowest-performing schools.
``(E) Any other area of school innovation, as
determined by the Secretary;
``(2) shall use those funds to develop or expand strategies
to improve the performance of high-need students on the
performance measures described in section 4406; and
``(3) may use the grant funds for an independent
evaluation, as required by section 4404(b)(9), of the
innovative practices carried out with the grant.
``(b) Authority to Subgrant.--A nonprofit organization that
receives a grant under this part may use the grant funds to make
subgrants to other entities to provide support to 1 or more schools or
local educational agencies. Any such entity shall comply with the
requirements of this part relating to grantees, as appropriate.
``SEC. 4406. PERFORMANCE MEASURES.
``The Secretary shall establish performance measures for the
programs and activities carried out under this part. These measures, at
a minimum, shall track the grantee's progress in--
``(1) improving outcomes for each subgroup described in
section 1111(b)(2)(C)(v) that is served by the grantee on
measures, including, as applicable, by--
``(A) increasing student achievement and decreasing
achievement gaps;
``(B) increasing high school graduation rates;
``(C) increasing college enrollment rates and rates
of college persistence;
``(D) improving teacher and school leader
effectiveness;
``(E) improving school readiness; and
``(F) any other indicator as the Secretary or
grantee may determine; and
``(2) implementing its project in rural schools, as
applicable.
``SEC. 4407. REPORTING; ANNUAL REPORT.
``A local educational agency, educational service agency, or
nonprofit organization that receives a grant under this part shall
submit to the Secretary, at such time and in such manner as the
Secretary may require, an annual report that includes, among other
things, information on the applicant's progress on the performance
measures established under section 4406, and the data supporting that
progress.
``SEC. 4408. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$500,000,000 for fiscal year 2012 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
(b) Table of Contents.--The table of contents in section 2 of the
Elementary and Secondary Education Act of 1965 is amended by inserting
after the item relating to section 4304 the following:
``PART D--Investing in Innovation
``Sec. 4401. Purposes.
``Sec. 4402. National activities.
``Sec. 4403. Program authorized; length of grants; priorities.
``Sec. 4404. Applications.
``Sec. 4405. Uses of funds.
``Sec. 4406. Performance measures.
``Sec. 4407. Reporting; annual report.
``Sec. 4408. Authorization of appropriations.''. | Investing in Innovation for Education Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to award competitive grants to local educational agencies (LEAs), educational service agencies, and nonprofit organizations to support the school innovation efforts of public schools and LEAs.
Requires at least 25% of the grant funds to be awarded for projects in rural areas.
Requires each grant applicant to demonstrate that it has partnered with at least one private, nonprofit, or community-based organization that will provide matching funds. Allows the Secretary to waive the matching funds requirement upon a showing of exceptional circumstances.
Requires each grant to be used to address at least one of the following areas of school innovation: (1) improving the effectiveness of teachers and school leaders and promoting their equitable distribution, (2) strengthening the use of data to improve education, (3) providing high-quality instruction that is based on rigorous standards and measuring students' proficiency using high-quality assessments that are aligned to those standards, (4) turning around the lowest-performing schools, and (5) any other area of school innovation the Secretary chooses.
Directs the Secretary to establish performance measures for tracking each grantee's progress in: (1) improving the academic performance of public elementary and secondary school students, and specified subgroups of those students; and (2) implementing its project in rural schools, as applicable. Requires grantees to use grant funds to develop or expand strategies to improve high-need students' showing on those performance measures. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to invest in innovation for education."} | 2,945 | 324 | 0.584154 | 1.712323 | 0.763032 | 3.27907 | 9.55814 | 0.92691 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Labor Relations Board
Reform Act''.
SEC. 2. NATIONAL LABOR RELATIONS BOARD.
(a) Composition; Terms.--Section 3(a) of the National Labor
Relations Act (29 U.S.C. 153(a)) is amended--
(1) in the first sentence--
(A) by striking ``prior to its amendment by the
National Labor Management Relations Act, 1947,'' and
inserting ``prior to its amendment by the National
Labor Relations Board Reform Act'';
(B) by striking ``five instead of three members''
and inserting ``6 instead of 5 members''; and
(C) by striking ``appointed by the President by and
with the advice and consent of the Senate'' and
inserting ``appointed by the President, after
consultation with the leader of the Senate representing
the party opposing the party of the President, by and
with the advice and consent of the Senate'';
(2) by striking the second sentence and inserting the
following: ``The sixth member added by the first sentence of
this section shall be appointed for a term that expires on the
day before the first date on which a full term of another
member of the Board commences that is after the date of
enactment of the National Labor Relations Board Reform Act. Of
the 6 members, there shall be 3 members representing each of
the 2 major political parties and, beginning on January 1,
2020, each of the 2 members of the Board whose terms expire on
the same date, as established under subsection (e), shall
represent a different major political party.''; and
(3) in the fourth sentence (including the amendment made by
paragraph (2))--
(A) by striking ``Their successors, and the
successors of the other members,'' and inserting ``The
successor of such sixth member, and the successors of
the other members,'';
(B) by inserting ``(except as otherwise provided
during the transition period under subsection (e))''
after ``each''; and
(C) by striking ``he'' and inserting ``the
individual''.
(b) Authority.--Section 3(b) of the National Labor Relations Act
(29 U.S.C. 153(b)) is amended--
(1) in the first sentence--
(A) by striking ``three or more'' and inserting ``4
or more''; and
(B) by inserting before the period the following:
``, with such group consisting of an equal number of
members representing each major political party''; and
(2) in the third sentence--
(A) by striking ``three members'' and inserting ``4
members''; and
(B) by striking ``Board, except that'' and all that
follows through ``hereof.'' and inserting the
following: ``Board. Any determination of the Board
shall be approved by a majority of the members
present.''.
(c) Transition to Improved Staggered Terms.--Section 3 of the
National Labor Relations Act (29 U.S.C. 153) is further amended by
adding at the end the following:
``(e) Transition to Improved Staggered Terms.--Notwithstanding
subsection (a) or any other provision of this Act--
``(1) each term of a member of the Board appointed after
the date of enactment of the National Labor Relations Board
Reform Act and before December 31, 2019, shall terminate on
December 31, 2019, or the date on which the term otherwise
expires, whichever is earlier, and new terms for all 6 members
of the Board shall begin on January 1, 2020; and
``(2) of the 6 members of the Board who are appointed for
the terms beginning on January 1, 2020--
``(A) 2 of the members shall be appointed for terms
ending on December 31, 2021;
``(B) 2 of the members shall be appointed for terms
ending on December 31, 2023; and
``(C) 2 of the members shall be appointed for terms
ending on December 31, 2024.''.
SEC. 3. GENERAL COUNSEL.
(a) Review of General Counsel Decisions.--Section 3 of the National
Labor Relations Act (29 U.S.C. 153), as amended by section 2, is
further amended--
(1) in subsection (d)--
(A) in the second sentence, by striking ``trial
examiners'' and inserting ``administrative law
judges''; and
(B) in the third sentence, by striking ``He shall''
and inserting ``Subject to subsection (f), the General
Counsel shall''; and
(2) by adding at the end the following:
``(f) Review of General Counsel Complaints.--
``(1) In general.--Any person subject to a complaint that
is issued or authorized by the General Counsel under subsection
(d) may obtain review of the complaint in any district court of
the United States in the judicial district wherein the unfair
labor practice in question was alleged to have occurred,
wherein such person resides or transacts business, or in the
United States District Court for the District of Columbia, by
filing in such court, not later than 30 days after such
issuance or authorization, a written petition for review of the
complaint. The court may prohibit any further proceedings
relating to such complaint if the court determines that the
General Counsel does not have substantial evidence that such
person has violated this Act.
``(2) Discovery.--Any party to a complaint under paragraph
(1) may file a request to the General Counsel to obtain any
advice memorandum prepared by an attorney of the Division of
Advice of the Office of the General Counsel, any internal
memorandum of the Office of the General Counsel, or any other
inter-agency or intra-agency memorandum or letter described in
section 552(b)(5) of title 5, United States Code, related to
the complaint. Not later than 10 days after the filing of such
request, the General Counsel shall provide such party the
requested memorandum or letter.''.
(b) Salary.--Section 4(a) of the National Labor Relations Act (29
U.S.C. 154(a)) is amended--
(1) in the first sentence, by striking ``shall receive a
salary of $12,000 a year,'' and inserting ``shall be
compensated at a level equivalent to level IV of the Executive
Schedule, in accordance with section 5315 of title 5, United
States Code. The Chairman of the Board shall be compensated at
a level equivalent to level III of the Executive Schedule, in
accordance with section 5314 of title 5, United States Code.
Each member of the Board, the General Counsel, and the
Chairman'';
(2) in the fourth sentence, including the amendment made by
paragraph (1), by striking ``examiners'' and inserting
``administrative law judges''; and
(3) in the sixth sentence, including the amendment made by
paragraph (1)--
(A) by striking ``trial examiner's report'' and
inserting ``report of an administrative law judge'';
and
(B) by striking ``trial examiner shall advise'' and
inserting ``administrative law judge shall advise''.
SEC. 4. FINAL ORDERS; DISCHARGE.
Section 10 of the National Labor Relations Act (29 U.S.C. 160) is
amended--
(1) in subsection (c)--
(A) by striking ``before an examiner or examiners
thereof'' and inserting ``before an administrative law
judge or administrative law judges thereof''; and
(B) by striking ``such examiner or examiners'' and
inserting ``such judge or judges''; and
(2) in subsection (d)--
(A) by inserting ``or the Board has issued a final
order'' after ``have been filed in a court'';
(B) by striking ``at any time upon reasonable
notice'' and inserting ``, not later than 1 year after
the submission of a report of an administrative law
judge, or a decision of a regional director, pertaining
to such case or order, upon reasonable notice,''; and
(C) by adding at the end the following: ``The Board
shall issue a final order reviewing an appeal of a
report of an administrative law judge or decision of a
regional director filed within 1 year after such report
or decision. If the Board does not issue a final order
within 1 year after the report of an administrative law
judge or decision of a regional director, any party to
the case may move to discharge the case. Upon such
motion, the report of the administrative law judge or
decision of the regional director shall be deemed to be
a final agency action and the Board may not take
further action on the matter under subchapter II of
chapter 5 of title 5, United States Code. Any party to
the case may obtain review of the order of the Board in
any court of appeals of the United States in the
circuit wherein the unfair labor practice in question
was alleged to have occurred, wherein such person
resides or transacts business, or in the United States
Court of Appeals for the District of Columbia, by
filing in such court, not later than 60 days after the
issuance of the order, a written petition for the court
to modify or set aside the order. The court shall
review the order de novo.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS TO FURTHER EFFECTIVE
GOVERNMENT.
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended
by adding at the end the following:
``SEC. 20. AUTHORIZATION OF APPROPRIATIONS TO FURTHER EFFECTIVE
GOVERNMENT.
``(a) 2-Year Deadline.--If, 2 years after the date of enactment of
the National Labor Relations Board Reform Act, the Board has failed to
issue a final order, in accordance with section 10(d), on more than 90
percent of the cases pending on (or filed on or after) such date of
enactment, then the amount authorized to be appropriated to carry out
this Act for each of the succeeding 2 fiscal years shall be 80 percent
of the average amount so authorized for the prior 2 fiscal years.
``(b) 4-Year Deadline.--If, 4 years after the date of enactment of
the National Labor Relations Board Reform Act, the Board has failed to
issue a final order, in accordance with section 10(d), on more than 90
percent of the cases pending on (or filed on or after) the date that is
2 years after the date of such enactment, then the amount authorized to
be appropriated to carry out this Act for each succeeding fiscal year
shall remain the amount so appropriated for the fiscal year that is 4
years after the date of such enactment.''. | National Labor Relations Board Reform Act Amends the National Labor Relations Act to revise requirements with respect to the National Labor Relations Board (NLRB), the Office of the General Counsel (OGC), and the process for appellate review. Increases NLRB membership from five to six. Requires three members to represent each of the two major political parties and, beginning January 1, 2020, each of the two members whose terms expire on the same date to represent a different major political party. Requires: (1) four NLRB members to constitute a quorum at all times, and (2) any NLRB determination to be approved by a majority of the members present. Specifies tenure, including staggered terms, of NLRB members. Sets forth judicial review procedures for any person subject to a complaint issued or authorized by the OGC. Sets the compensation rate for each NLRB member, in addition to the OGC, at level IV of the Executive Schedule and the Chairman of the NLRB, as under current law, at level III. Requires the NLRB to issue a final order reviewing an appeal of a report of an administrative law judge or decision of a regional director within one year after the report or decision; but if the NLRB does not issue a final order within that time, allows any party to the case to move to discharge it. Deems, upon such a motion, the report or the decision to be a final agency action. Prohibits the NLRB from taking further action on the matter. Reduces authorized appropriations to carry out the Act for each of the succeeding two fiscal years to 80% of the average amount authorized for the prior two fiscal years if, two years after enactment of this Act, the NLRB has failed to issue a final order on more than 90% of the cases pending on (or filed on or after) the date of enactment. Extends such reduced authorization of appropriations if after four years the NLRB has failed to issue a final order on more than 90% of the cases pending on (or filed on or after) the date that is two years after the date of enactment of this Act. | {"src": "billsum_train", "title": "National Labor Relations Board Reform Act"} | 2,463 | 491 | 0.474027 | 1.427744 | 0.712978 | 3.875 | 5.54902 | 0.840686 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Access, Research
Expansion, and Respect States Act of 2015'' or the ``CARERS Act of
2015''.
SEC. 2. FEDERALISM IN DRUG POLICY.
Section 708 of the Controlled Substances Act (21 U.S.C. 903) is
amended--
(1) by striking ``No provision'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), no
provision''; and
(2) by adding at the end the following:
``(b) Compliance With State Law.--Notwithstanding any other
provision of law, the provisions of this title relating to marihuana
shall not apply to any person acting in compliance with State law
relating to the production, possession, distribution, dispensation,
administration, laboratory testing, or delivery of medical
marihuana.''.
SEC. 3. RESCHEDULING OF MARIHUANA.
(a) Removal From Schedule I.--Schedule I, as set forth in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended
in subsection (c)--
(1) by striking paragraphs (10) and (17);
(2) by redesignating paragraphs (11) through (16) as
paragraphs (10) through (15), respectively; and
(3) by redesignating paragraphs (18) through (28) as
paragraphs (16) through (26), respectively.
(b) Listing in Schedule II.--Schedule II, as set forth in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended
by adding at the end the following:
``(d) Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation, which
contains any quantity of marihuana, including its salts, isomers, and
salts of isomers.''.
SEC. 4. EXCLUSION OF CANNABIDIOL FROM DEFINITION OF MARIHUANA.
Section 102 of the Controlled Substances Act (21 U.S.C. 802) is
amended--
(1) in paragraph (16)--
(A) by striking ``or cake, or the sterilized'' and
inserting ``cake, the sterilized''; and
(B) by adding ``, or cannabidiol'' before the
period at the end; and
(2) by adding at the end the following:
``(57) The term `cannabidiol' means the substance
cannabidiol, as derived from marihuana or the synthetic
formulation, that contains not greater than 0.3 percent delta-
9-tetrahydrocannabinol on a dry weight basis.''.
SEC. 5. CANNABIDIOL DETERMINATION BY STATES.
Section 201 of the Controlled Substances Act (21 U.S.C. 811) is
amended by adding at the end the following:
``(j) Cannabidiol Determination.--If a person grows or processes
marihuana for purposes of making cannabidiol in accordance with State
law, the marihuana shall be deemed to meet the concentration limitation
under section 102(57), unless the Attorney General determines that the
State law is not reasonably calculated to comply with section
102(57).''.
SEC. 6. BANKING.
(a) Definitions.--In this section--
(1) the term ``depository institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a State credit union as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752);
(2) the term ``Federal banking regulator'' means each of
the Board of Governors of the Federal Reserve System, the
Bureau of Consumer Financial Protection, the Federal Deposit
Insurance Corporation, the Office of the Comptroller of the
Currency, the National Credit Union Administration, or any
Federal agency or department that regulates banking or
financial services, as determined by the Secretary of the
Treasury;
(3) the term ``financial service'' means a financial
product or service as defined in section 1002 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C.
5481);
(4) the term ``manufacturer'' means a person who
manufactures, compounds, converts, processes, prepares, or
packages marijuana or marijuana products;
(5) the term ``marijuana-related legitimate business''
means a manufacturer, producer, or any person that--
(A) participates in any business or organized
activity that involves handling marijuana or marijuana
products, including selling, transporting, displaying,
dispensing, or distributing marijuana or marijuana
products; and
(B) engages in such activity pursuant to a law
established by a State or a unite of local government;
(6) the term ``marijuana'' has the meaning given the term
``marihuana'' in section 102 of the Controlled Substances Act
(21 U.S.C. 802), as amended by this Act;
(7) the term ``marijuana product'' means any article that
contains marijuana, including an article that is a concentrate,
an edible, a tincture, a marijuana-infused product, or a
topical;
(8) the term ``producer'' means a person who plants,
cultivates, harvests, or in any way facilitates the natural
growth of marijuana; and
(9) the term ``State'' means each of the several States,
the District of Columbia, Puerto Rico, and any territory or
possession of the United States.
(b) Safe Harbor for Depository Institutions.--A Federal banking
regulator may not--
(1) terminate or limit the deposit insurance of a
depository institution under the Federal Deposit Insurance Act
(12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12
U.S.C. 1751 et seq.) solely because the depository institution
provides or has provided financial services to a marijuana-
related legitimate business;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial services to a
marijuana-related legitimate business;
(3) recommend, incentivize, or encourage a depository
institution not to offer financial services to an individual,
or to downgrade or cancel the financial services offered to an
individual solely because--
(A) the individual is a manufacturer or producer of
marijuana;
(B) the individual is the owner or operator of a
marijuana-related legitimate business;
(C) the individual later becomes an owner or
operator of a marijuana-related legitimate business; or
(D) the depository institution was not aware that
the individual is the owner or operator of a marijuana-
related legitimate business; or
(4) take any adverse or corrective supervisory action on a
loan to an owner or operator of--
(A) a marijuana-related legitimate business solely
because the owner or operator is a marijuana-related
business; or
(B) real estate or equipment that is leased to a
marijuana-related legitimate business solely because
the owner or operator of the real estate or equipment
leased the real estate or equipment to a marijuana-
related business.
(c) Protections Under Federal Law.--
(1) Investigation and prosecution.--A depository
institution that provides financial services to a marijuana-
related legitimate business, or the officers, directors, and
employees of that business, shall be immune from Federal
criminal prosecution or investigation for providing those
services.
(2) Federal criminal law.--A depository institution that
provides financial services to a marijuana-related legitimate
business shall not be subject to a criminal penalty under any
Federal law solely for providing those services or for further
investing any income derived from such services.
(3) Forfeiture.--A depository institution that has a legal
interest in the collateral for a loan made to an owner or
operator of a marijuana-related legitimate business, or to an
owner or operator of real estate or equipment that is leased to
a marijuana-related legitimate business, shall not be subject
to criminal, civil, or administrative forfeiture of that legal
interest pursuant to any Federal law for providing such loan.
(d) Exemption From Filing Suspicious Activity Reports.--Section
5318(g) of title 31, United States Code, is amended by adding at the
end the following:
``(5) Requirements for marijuana-related legitimate
businesses.--If a financial institution or any director,
officer, employee, or agent of a financial institution reports
a suspicious transaction pursuant to this subsection, and the
reason for the report relates to a marijuana-related business,
the Secretary shall require that such report complies with the
requirements of the guidance issued by the Financial Crimes
Enforcement Network titled `BSA Expectations Regarding
Marijuana-Related Businesses' (FIN-2014-G001; published on
February 14, 2014).''.
(e) Rule of Construction.--Nothing in this section requires a
depository institution to provide financial services to a marijuana-
related legitimate business.
SEC. 7. RESEARCH.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary for Health and Human Services
shall terminate the Public Health Service interdisciplinary review
process described in the guidance entitled ``Guidance on Procedures for
the Provision of Marijuana for Medical Research'' (issued on May 21,
1999).
(b) Licenses for Marijuana Research.--Not later than 1 year after
the date of enactment of this Act, the Attorney General, acting through
the Drug Enforcement Administration, shall issue not less than 3
licenses under section 303 of the Controlled Substances Act (21 U.S.C.
823) to manufacture marijuana and marijuana-derivatives for research
approved by the Food and Drug Administration.
SEC. 8. PROVISION BY DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE
PROVIDERS OF RECOMMENDATIONS AND OPINIONS REGARDING
VETERAN PARTICIPATION IN STATE MARIJUANA PROGRAMS.
Notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall authorize physicians and other health care
providers employed by the Department of Veterans Affairs to--
(1) provide recommendations and opinions to veterans who
are residents of States with State marijuana programs regarding
the participation of veterans in such State marijuana programs;
and
(2) complete forms reflecting such recommendations and
opinions. | Compassionate Access, Research Expansion, and Respect States Act of 2015 or the CARERS Act of 2015 Amends the Controlled Substances Act (CSA) to provide that control and enforcement provisions of such Act relating to marihuana shall not apply to any person acting in compliance with state law relating to the production, possession, distribution, dispensation, administration, laboratory testing, or delivery of medical marihuana. Transfers marihuana from schedule I to schedule II of the CSA. Excludes "cannabidiol" from the definition of "marihuana" and defines it separately as the substance cannabidiol, as derived from marihuana or the synthetic formulation, that contains not greater than 0.3% delta-9-tetrahydrocannabinol on a dry weight basis. Deems marihuana that is grown or possessed for purposes of making cannabidiol, in accordance with state law, to meet such concentration limitation unless the Attorney General determines that the state law is not reasonably calculated to comply with such definition. Prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance of a depository institution solely because it provides or has provided financial services to a marihuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from providing financial services to a marihuana-related legitimate business. Prohibits a federal banking regulator from recommending, motivating, providing incentives, or encouraging a depository institution not to offer financial services to an individual, or to downgrade or cancel financial services offered to an individual, solely because: (1) the individual is a manufacturer of marihuana, (2) the individual is or later becomes an owner or operator of a marihuana-related legitimate business, or (3) the depository institution was not aware that the individual is the owner or operator of a marihuana-related legitimate business. Prohibits a federal banking regulator from taking any adverse or corrective supervisory action on a loan to an owner or operator of: (1) a marihuana-related legitimate business soley because the owner or operator is such a business, or (2) real estate or equipment that is leased to a marihuana-related legitimate business solely because it is leased to such a business. Provides depository institutions that provide financial services to a marihuana-related legitimate business protection under federal law from federal criminal prosecution or investigation, criminal penalties, and forfeiture of legal interest in collateral solely for providing financial services to such a business. Directs: (1) the Department of Health and Human Services to terminate the Public Health Service interdisciplinary review process described in the guidance entitled "Guidance on Procedures for the Provision of marihuana for Medical Research" (issued on May 21, 1999), and (2) the Drug Enforcement Administration to issue at least three licenses under CSA registration requirements to manufacture marihuana and marihuana-derivatives for research approved by the Food and Drug Administration. Directs the Department of Veterans Affairs (VA) to authorize VA health care providers to provide veterans with recommendations and opinions regarding participation in state marihuana programs. | {"src": "billsum_train", "title": "CARERS Act of 2015"} | 2,450 | 735 | 0.526388 | 1.778088 | 0.682931 | 4.299824 | 3.686067 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Protection and Contractor
Integrity Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to end support by the taxpayers of the
United States of Federal Government contractors that violate the trust
of such taxpayers through repeated civil judgments or criminal
convictions for certain offenses.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Taxpayer dollars should not be used to support
individuals or entities who repeatedly violate laws regarding
Federal contracting and the trust of taxpayers, thus putting
the integrity of future contracts at risk.
(2) The Federal Acquisition Regulation already requires
bidders on Federal contracts to disclose honestly the existence
of indictments, charges, convictions, or civil judgments
against such bidders.
(3) The Federal Acquisition Regulation also requires
contracting officers to make a determination regarding the
responsibility of a potential contractor prior to awarding a
contract to ensure that the potential contractor has a
satisfactory record of integrity and business ethics and a
satisfactory performance record.
(4) Regardless of the number or seriousness of convictions
or civil judgments against a potential contractor, however, the
Federal Acquisition Regulation provides Federal agencies wide
discretion in determining whether to initiate suspension or
debarment procedures. There is currently no maximum number of
convictions above which an entity or individual becomes
ineligible for future contract awards.
SEC. 4. EXPANDED DISCLOSURE REQUIREMENTS FOR BIDDERS ON FEDERAL
CONTRACTS.
A contracting officer for a Federal contract shall require any
potential contractor who has disclosed the existence of an indictment,
charge, conviction, or civil judgment under section 94.409(a) of the
Federal Acquisition Regulation (or any successor provision) to submit
information regarding the number of convictions or civil judgments
entered against the potential contractor, the nature of the offenses,
and whether any fines, penalties, or damages were assessed.
SEC. 5. LIMITATION ON AWARD OF FUTURE CONTRACTS.
(a) In General.--No Federal contract for the procurement of
property or services may be awarded to any individual or entity against
whom a total of three or more convictions or civil judgments have been
entered after the date of the enactment of this Act for any of the
following:
(1) Commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a Federal,
State, or local government contract or subcontract.---
(2) Violation of a Federal or State antitrust statute
relating to the submission of offers for Federal contracts.
(3) Commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements, or receiving stolen property in connection with
obtaining, attempting to obtain, or performing a Federal, State
or local government contract or subcontract.
(b) Applicability.--This section shall apply with respect to a
contract awarded on or after the date of the enactment of this Act.
(c) Length of Prohibition; Report.--The prohibition on the award of
a contract under this section shall terminate after a period of three
years beginning on the date that the most recent conviction or civil
judgment has been entered against the potential contractor if--
(1) during such three-year period, the potential contractor
demonstrates a satisfactory record of ethics and integrity by
avoiding additional criminal convictions or civil judgments
regarding the offenses described in subsection (a);
(2) the potential contractor submits to the Director of the
Office of Management and Budget a report on the steps that have
been taken by the potential contractor (such as changes in
company policy, personnel, or procedures) to prevent future
violations; and
(3) the Director certifies that the steps taken are
satisfactory.
(d) Additional Offenses.--If an individual or entity who has been
prohibited from being awarded a Federal contract under subsection (a)
has a conviction or civil judgment for an offense described in
subsection (a) entered against the individual or entity after the
termination of the three-year period described in subsection (c), such
individual or entity shall be prohibited from being awarded a Federal
contract for an additional three years.
SEC. 6. PRESIDENTIAL WAIVER.
(a) Authority.--The President may waive the application of section
5 if the President determines that--
(1) such a waiver is in the interests of national security;
or
(2) the need for the property or services to be acquired
under the contract is of such an unusual and compelling urgency
that the Federal Government would be seriously injured if the
application of such section is not waived.
(b) Waiting Period.--The President may not exercise the waiver
authority of this section until 45 days after the date that the
President submits to Congress in writing a justification for such
waiver.
SEC. 7. PAYMENT OF LEGAL COSTS.
In any case in which the United States brings an action against an
individual or entity for an offense described in section 5(a) and a
verdict of guilty is rendered, the United States shall not be
responsible for payment of legal costs of the individual or entity in
connection with the action.
SEC. 8. CONTRACTOR DEFINED.
In this Act, the term ``contractor'' has the meaning given such
term in section 9.403 of the Federal Acquisition Regulation, as in
effect on the date of the enactment of this Act.
SEC. 9. CONSTRUCTION.
Nothing in this Act shall be construed as superseding the authority
of a Federal contracting officer to make a determination of
nonresponsibility regarding a potential contractor, or to initiate
suspension and debarment procedures against an entity or individual
against whom three or more convictions or civil judgments for the
offenses described in section 5(a) have not been entered. | Prohibits the award of a Federal contract for the procurement of property or services to any individual or entity against whom three or more convictions or civil judgments have been entered after this Act's enactment for: (1) fraud or a criminal offense in connection with obtaining or performing a Federal, State, or local government contract or subcontract; (2) violation of a Federal or State antitrust statute relating to the submission of contract offers; or (3) embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property in connection with obtaining such a contract or subcontract.
Terminates such prohibition three years after the most recent conviction or civil judgment, subject to specified requirements. Authorizes the President to waive such prohibition: (1) in the interests of national security; or (2) if the need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured in the absence of a waiver. | {"src": "billsum_train", "title": "Taxpaper Protection and Contractor Integrity Act"} | 1,275 | 217 | 0.640981 | 1.958498 | 0.785486 | 5.088542 | 6.067708 | 0.963542 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Turtle Conservation Act of
2003''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) marine turtle populations have declined to the point
that the long-term survival of the loggerhead, green,
hawksbill, Kemp's ridley, olive ridley, and leatherback turtle
in the wild is in serious jeopardy;
(2) 6 of the 7 recognized species of marine turtles are
listed as threatened or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), and all 7 species
have been included in Appendix I of CITES;
(3) because marine turtles are long-lived, late-maturing,
and highly migratory, marine turtles are particularly
vulnerable to the impacts of human exploitation and habitat
loss;
(4) illegal international trade seriously threatens wild
populations of some marine turtle species, particularly the
hawksbill turtle;
(5) the challenges facing marine turtles are immense, and
the resources available have not been sufficient to cope with
the continued loss of nesting habitats caused by human
activities and the consequent diminution of marine turtle
populations;
(6) because marine turtles are flagship species for the
ecosystems in which marine turtles are found, sustaining
healthy populations of marine turtles provides benefits to many
other species of wildlife, including many other threatened or
endangered species;
(7) marine turtles are important components of the
ecosystems that they inhabit, and studies of wild populations
of marine turtles have provided important biological insights;
(8) changes in marine turtle populations are most reliably
indicated by changes in the numbers of nests and nesting
females; and
(9) the reduction, removal, or other effective addressing
of the threats to the long-term viability of populations of
marine turtles will require the joint commitment and effort
of--
(A) countries that have within their boundaries
marine turtle nesting habitats; and
(B) persons with expertise in the conservation of
marine turtles.
(b) Purpose.--The purpose of this Act is to assist in the
conservation of marine turtles and the nesting habitats of marine
turtles in foreign countries by supporting and providing financial
resources for projects to conserve the nesting habitats, conserve
marine turtles in those habitats, and address other threats to the
survival of marine turtles.
SEC. 3. DEFINITIONS.
In this Act:
(1) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora (27 UST 1087; TIAS 8249).
(2) Conservation.--The term ``conservation'' means the use
of all methods and procedures necessary to protect nesting
habitats of marine turtles in foreign countries and of marine
turtles in those habitats, including--
(A) protection, restoration, and management of
nesting habitats;
(B) onsite research and monitoring of nesting
populations, nesting habitats, annual reproduction, and
species population trends;
(C) assistance in the development, implementation,
and improvement of national and regional management
plans for nesting habitat ranges;
(D) enforcement and implementation of CITES and
laws of foreign countries to--
(i) protect and manage nesting populations
and nesting habitats; and
(ii) prevent illegal trade of marine
turtles;
(E) training of local law enforcement officials in
the interdiction and prevention of--
(i) the illegal killing of marine turtles
on nesting habitat; and
(ii) illegal trade in marine turtles;
(F) initiatives to resolve conflicts between humans
and marine turtles over habitat used by marine turtles
for nesting;
(G) community outreach and education; and
(H) strengthening of the ability of local
communities to implement nesting population and nesting
habitat conservation programs.
(3) Fund.--The term ``Fund'' means the Marine Turtle
Conservation Fund established by section 5.
(4) Marine turtle.--
(A) In general.--The term ``marine turtle'' means
any member of the family Cheloniidae or Dermochelyidae.
(B) Inclusions.--The term ``marine turtle''
includes--
(i) any part, product, egg, or offspring of
a turtle described in subparagraph (A); and
(ii) a carcass of such a turtle.
(5) Multinational species conservation fund.--The term
``Multinational Species Conservation Fund'' means the fund
established under the heading ``multinational species
conservation fund'' in title I of the Department of the
Interior and Related Agencies Appropriations Act, 1999 (16
U.S.C. 4246).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. MARINE TURTLE CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of funds and in
consultation with other Federal officials, the Secretary shall use
amounts in the Fund to provide financial assistance for projects for
the conservation of marine turtles for which project proposals are
approved by the Secretary in accordance with this section.
(b) Project Proposals.--
(1) Eligible applicants.--A proposal for a project for the
conservation of marine turtles may be submitted to the
Secretary by--
(A) any wildlife management authority of a foreign
country that has within its boundaries marine turtle
nesting habitat if the activities of the authority
directly or indirectly affect marine turtle
conservation; or
(B) any other person or group with the demonstrated
expertise required for the conservation of marine
turtles.
(2) Required elements.--A project proposal shall include--
(A) a statement of the purposes of the project;
(B) the name of the individual with overall
responsibility for the project;
(C) a description of the qualifications of the
individuals that will conduct the project;
(D) a description of--
(i) methods for project implementation and
outcome assessment;
(ii) staff and community management for the
project; and
(iii) the logistics of the project;
(E) an estimate of the funds and time required to
complete the project;
(F) evidence of support for the project by
appropriate governmental entities of the countries in
which the project will be conducted, if the Secretary
determines that such support is required for the
success of the project;
(G) information regarding the source and amount of
matching funding available for the project; and
(H) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Project Review and Approval.--
(1) In general.--The Secretary shall--
(A) not later than 30 days after receiving a
project proposal, provide a copy of the proposal to
other Federal officials, as appropriate; and
(B) review each project proposal in a timely manner
to determine whether the proposal meets the criteria
specified in subsection (d).
(2) Consultation; approval or disapproval.--Not later than
180 days after receiving a project proposal, and subject to the
availability of funds, the Secretary, after consulting with
other Federal officials, as appropriate, shall--
(A) consult on the proposal with the government of
each country in which the project is to be conducted;
(B) after taking into consideration any comments
resulting from the consultation, approve or disapprove
the project proposal; and
(C) provide written notification of the approval or
disapproval to the person that submitted the project
proposal, other Federal officials, and each country
described in subparagraph (A).
(d) Criteria for Approval.--The Secretary may approve a project
proposal under this section if the project will help recover and
sustain viable populations of marine turtles in the wild by assisting
efforts in foreign countries to implement marine turtle conservation
programs.
(e) Project Sustainability.--To the maximum extent practicable, in
determining whether to approve project proposals under this section,
the Secretary shall give preference to conservation projects that are
designed to ensure effective, long-term conservation of marine turtles
and their nesting habitats.
(f) Matching Funds.--In determining whether to approve project
proposals under this section, the Secretary shall give preference to
projects for which matching funds are available.
(g) Project Reporting.--
(1) In general.--Each person that receives assistance under
this section for a project shall submit to the Secretary
periodic reports (at such intervals as the Secretary may
require) that include all information that the Secretary, after
consultation with other government officials, determines is
necessary to evaluate the progress and success of the project
for the purposes of ensuring positive results, assessing
problems, and fostering improvements.
(2) Availability to the public.--Reports under paragraph
(1), and any other documents relating to projects for which
financial assistance is provided under this Act, shall be made
available to the public.
SEC. 5. MARINE TURTLE CONSERVATION FUND.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund a separate account to be known as the
``Marine Turtle Conservation Fund'', consisting of--
(1) amounts transferred to the Secretary of the Treasury
for deposit into the Fund under subsection (e);
(2) amounts appropriated to the Fund under section 6; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary, without further appropriation,
such amounts as the Secretary determines are necessary to carry
out section 4.
(2) Administrative expenses.--Of the amounts in the account
available for each fiscal year, the Secretary may expend not
more than 3 percent, or up to $80,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
Act.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 4. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit in the Fund.
SEC. 6. ADVISORY GROUP.
(a) In General.--To assist in carrying out this Act, the Secretary
may convene an advisory group consisting of individuals representing
public and private organizations actively involved in the conservation
of marine turtles.
(b) Public Participation.--
(1) Meetings.--The Advisory Group shall--
(A) ensure that each meeting of the advisory group
is open to the public; and
(B) provide, at each meeting, an opportunity for
interested persons to present oral or written
statements concerning items on the agenda.
(2) Notice.--The Secretary shall provide to the public
timely notice of each meeting of the advisory group.
(3) Minutes.--Minutes of each meeting of the advisory group
shall be kept by the Secretary and shall be made available to
the public.
(c) Exemption From Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory
group.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Fund $5,000,000 for
each of fiscal years 2005 through 2009.
Passed the Senate October 31, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Marine Turtle Conservation Act of 2003 - Directs the Secretary of the Interior to use amounts in the Multinational Species Conservation Fund to finance projects for the conservation of marine turtles.
Authorizes the Secretary to approve a project that will help recover and sustain viable populations of marine turtles in the wild by assisting foreign conservation efforts. Gives preference to projects which: (1) are designed for long-term conservation of the turtles and their nesting habitats; and (2) have matching funds. Establishes the Marine Turtle Conservation Fund as a separate account in the Multinational Species Conservation Fund. Permits the acceptance and use of donations. Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of marine turtles. | {"src": "billsum_train", "title": "A bill to assist in the conservation of marine turtles and the nesting habitats of marine turtles in foreign countries."} | 2,799 | 164 | 0.550623 | 1.350711 | 0.681723 | 3.687943 | 18.368794 | 0.950355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Remittance Consumer
Protection Act of 2004''.
SEC. 2. TREATMENT OF REMITTANCE TRANSFERS.
(a) In General.--The Electronic Fund Transfer Act (15 U.S.C. 1693
et seq.) is amended--
(1) in section 902(b), by inserting ``and remittance''
after ``electronic fund'';
(2) by redesignating sections 918, 919, 920, and 921 as
sections 919, 920, 921, and 922, respectively; and
(3) by inserting after section 917 the following:
``SEC. 918. REMITTANCE TRANSFERS.
``(a) Disclosures Required for Remittance Transfers.--
``(1) In general.--Each remittance transfer provider shall
make disclosures to consumers, as specified by this section and
augmented by regulation of the Board.
``(2) Specific disclosures.--In addition to any other
disclosures applicable under this title, a remittance transfer
provider shall clearly and conspicuously disclose, in writing
and in a form that the consumer may keep, to each consumer
requesting a remittance transfer--
``(A) at the time at which the consumer makes the
request, and prior to the consumer making any payment
in connection with the transfer--
``(i) the total amount of currency that
will be required to be tendered by the consumer
in connection with the remittance transfer;
``(ii) the amount of currency that will be
sent to the designated recipient of the
remittance transfer, using the values of the
currency into which the funds will be
exchanged;
``(iii) the total remittance transfer cost,
identified as the `Total Cost'; and
``(iv) an itemization of the charges
included in clause (iii), as determined
necessary by the Board; and
``(B) at the time at which the consumer makes
payment in connection with the remittance transfer, if
any--
``(i) a receipt showing--
``(I) the information described in
subparagraph (A);
``(II) the promised date of
delivery;
``(III) the name and telephone
number or address of the designated
recipient; and
``(ii) a notice containing--
``(I) information about the rights
of the consumer under this section to
resolve errors; and
``(II) appropriate contact
information for the remittance transfer
provider and its State licensing
authority and Federal or State
regulator, as applicable.
``(3) Exemption authority.--The Board may, by rule, and
subject to subsection (d)(3), permit a remittance transfer
provider--
``(A) to satisfy the requirements of paragraph
(2)(A) orally if the transaction is conducted entirely
by telephone;
``(B) to satisfy the requirements of paragraph
(2)(B) by mailing the documents required under such
paragraph to the consumer not later than 1 business day
after the date on which the transaction is conducted,
if the transaction is conducted entirely by telephone;
and
``(C) to satisfy the requirements of subparagraphs
(A) and (B) of paragraph (2) with 1 written disclosure,
but only to the extent that the information provided in
accordance with paragraph (2)(A) is accurate at the
time at which payment is made in connection with the
subject remittance transfer.
``(b) Foreign Language Disclosures.--The disclosures required under
this section shall be made in English and in the same languages
principally used by the remittance transfer provider, or any of its
agents, to advertise, solicit, or market, either orally or in writing,
at that office, if other than English.
``(c) Remittance Transfer Errors.--
``(1) Error resolution.--
``(A) In general.--If a remittance transfer
provider receives oral or written notice from the
consumer within 365 days of the promised date of
delivery that an error occurred with respect to a
remittance transfer, including that the full amount of
the funds to be remitted was not made available to the
designated recipient in the foreign country, the
remittance transfer provider shall resolve the error
pursuant to this subsection.
``(B) Remedies.--Not later than 90 days after the
date of receipt of a notice from the consumer pursuant
to subparagraph (A), the remittance transfer provider
shall, as applicable to the error and as designated by
the consumer--
``(i) refund to the consumer the total
amount of funds tendered by the consumer in
connection with the remittance transfer which
was not properly transmitted;
``(ii) make available to the designated
recipient, without additional cost to the
designated recipient or to the consumer, the
amount appropriate to resolve the error;
``(iii) provide such other remedy, as
determined appropriate by rule of the Board for
the protection of consumers; or
``(iv) demonstrate to the consumer that
there was no error.
``(2) Rules.--The Board shall establish, by rule, clear and
appropriate standards for remittance transfer providers with
respect to error resolution relating to remittance transfers,
to protect consumers from such errors.
``(d) Applicability of Other Provisions of Law.--
``(1) Applicability of title 18 and title 31 provisions.--A
remittance transfer provider may only provide remittance
transfers if such provider is in compliance with the
requirements of section 5330 of title 31, United States Code,
and section 1960 of title 18, United States Code, as
applicable.
``(2) Applicability of this title.--A remittance transfer
that is not an electronic fund transfer, as defined in section
903, shall not be subject to any of sections 905 through 913. A
remittance transfer that is an electronic fund transfer, as
defined in section 903, shall be subject to all provisions of
this title that are otherwise applicable to electronic fund
transfers under this title.
``(3) Rule of construction.--Nothing in this section shall
be construed--
``(A) to affect the application to any transaction,
to any remittance provider, or to any other person of
any of the provisions of subchapter II of chapter 53 of
title 31, United States Code, section 21 of the Federal
Deposit Insurance Act (12 U.S.C. 1829b), or chapter 2
of title I of Public Law 91-508 (12 U.S.C. 1951-1959),
or any regulations promulgated thereunder; or
``(B) to cause any fund transfer that would not
otherwise be treated as such under paragraph (2) to be
treated as an electronic fund transfer, or as otherwise
subject to this title, for the purposes of any of the
provisions referred to in subparagraph (A) or any
regulations promulgated thereunder.
``(e) Publication of Exchange Rates.--The Secretary of the Treasury
shall make available to the public in electronic form, not later than
noon on each business day, the dollar exchange rate for all foreign
currencies, using any methodology that the Secretary determines
appropriate, which may include the methodology used pursuant to section
613(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2363(b)).
``(f) Agents and Subsidiaries.--A remittance transfer provider
shall be liable for any violation of this section by any agent or
subsidiary of that remittance transfer provider.
``(g) Definitions.--As used in this section--
``(1) the term `exchange rate fee' means the difference
between the total dollar amount transferred, valued at the
exchange rate offered by the remittance transfer provider, and
the total dollar amount transferred, valued at the exchange
rate posted by the Secretary of the Treasury in accordance with
subsection (e) on the business day prior to the initiation of
the subject remittance transfer;
``(2) the term `remittance transfer' means the electronic
(as defined in section 106(2) of the Electronic Signatures in
Global and National Commerce Act (15 U.S.C. 7006(2))) transfer
of funds at the request of a consumer located in any State to a
person in another country that is initiated by a remittance
transfer provider, whether or not the consumer is an account
holder of the remittance transfer provider or whether or not
the remittance transfer is also an electronic fund transfer, as
defined in section 903;
``(3) the term `remittance transfer provider' means any
person or financial institution that provides remittance
transfers on behalf of consumers in the normal course of its
business, whether or not the consumer is an account holder of
that person or financial institution;
``(4) the term `State' means any of the several States, the
Commonwealth of Puerto Rico, the District of Columbia, and any
territory or possession of the United States; and
``(5) the term `total remittance transfer cost' means the
total cost of a remittance transfer expressed in dollars,
including all fees charged by the remittance transfer provider,
including the exchange rate fee.''.
(b) Effect on State Laws.--Section 919 of the Electronic Fund
Transfer Act (12 U.S.C. 1693q) is amended--
(1) in the first sentence, by inserting ``or remittance
transfers (as defined in section 918)'' after ``transfers'';
and
(2) in the fourth sentence, by inserting ``, or remittance
transfer providers (as defined in section 918), in the case of
remittance transfers,'' after ``financial institutions''.
SEC. 3. FEDERAL CREDIT UNION ACT AMENDMENT.
Paragraph (12) of section 107 of the Federal Credit Union Act (12
U.S.C. 1757(12)) is amended to read as follows:
``(12) in accordance with regulations prescribed by the
Board--
``(A) to provide remittance transfers, as defined
in section 918(h) of the Electronic Fund Transfer Act,
to persons in the field of membership; and
``(B) to cash checks and money orders for persons
in the field of membership for a fee;''.
SEC. 4. AUTOMATED CLEARINGHOUSE SYSTEM.
(a) Expansion of System.--The Board of Governors of the Federal
Reserve System shall work with the Federal reserve banks to expand the
use of the automated clearinghouse system for remittance transfers to
foreign countries, with a focus on countries that receive significant
remittance transfers from the United States, based on--
(1) the number, volume, and sizes of such transfers;
(2) the significance of the volume of such transfers,
relative to the external financial flows of the receiving
country; and
(3) the feasibility of such an expansion.
(b) Report to Congress.--Not later than 180 days after the date of
enactment of this Act, and on April 30 biannually thereafter, the Board
of Governors of the Federal Reserve System shall submit a report to the
Committee on Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of Representatives on the
status of the automated clearinghouse system and its progress in
complying with the requirements of this section.
SEC. 5. EXPANSION OF FINANCIAL INSTITUTION PROVISION OF REMITTANCE
TRANSFERS.
(a) Provision of Guidelines to Institutions.--Each of the Federal
banking agencies (as defined in section 3 of the Federal Deposit
Insurance Act) and the National Credit Union Administration shall
provide guidelines to financial institutions under the jurisdiction of
the agency regarding the offering of low-cost remittance transfers and
no-cost or low-cost basic consumer accounts, as well as agency services
to remittance transfer providers.
(b) Content of Guidelines.--Guidelines provided to financial
institutions under this section shall include--
(1) information as to the methods of providing remittance
transfer services;
(2) the potential economic opportunities in providing low-
cost remittance transfers; and
(3) the potential value to financial institutions of
broadening their financial bases to include persons that use
remittance transfers.
(c) Assistance to Financial Literacy Commission.--The Secretary of
the Treasury and each agency referred to in subsection (a) shall, as
part of their duties as members of the Financial Literacy and Education
Commission, assist that Commission in improving the financial literacy
and education of consumers who send remittances.
SEC. 6. STUDY AND REPORT ON REMITTANCES.
(a) Study.--The Comptroller General of the United States shall
conduct a study and analysis of the remittance transfer system,
including an analysis of its impact on consumers.
(b) Areas of Consideration.--The study conducted under this section
shall include, to the extent that information is available--
(1) an estimate of the total amount, in dollars,
transmitted from individuals in the United States to other
countries, including per country data, historical data, and any
available projections concerning future remittance levels;
(2) a comparison of the amount of remittance funds, in
total and per country, to the amount of foreign trade,
bilateral assistance, and multi-development bank programs
involving each of the subject countries;
(3) an analysis of the methods used to remit the funds,
with estimates of the amounts remitted through each method and
descriptive statistics for each method, such as market share,
median transaction size, and cost per transaction, including
through--
(A) depository institutions;
(B) postal money orders and other money orders;
(C) automatic teller machines;
(D) wire transfer services; and
(E) personal delivery services;
(4) an analysis of advantages and disadvantages of each
remitting method listed in subparagraphs (A) through (E) of
paragraph (3);
(5) an analysis of the types and specificity of disclosures
made by various types of remittance transaction providers to
consumers who send remittances; and
(6) if reliable data are unavailable, recommendations
concerning options for Congress to consider to improve the
state of information on remittances from the United States.
(c) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Committee on Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of Representatives on
the results of the study conducted under this section. | International Remittance Consumer Protection Act of 2004 - Amends the Electronic Fund Transfer Act to require a remittance transfer provider to: (1) clearly and conspicuously make specified disclosures in writing and in a form that the consumer may keep to each consumer requesting a remittance transfer; and (2) make such disclosures in English and in the same languages principally used by the remittance transfer provider, or its agents at that office, if other than English.
Prescribes error resolution guidelines and remedies governing remittance transfer errors.
Instructs the Secretary of the Treasury to publish electronically on each business day the foreign currencies dollar exchange rate.
Subjects a remittance transfer provider to liability for violations committed by its agents or subsidiaries.
Amends the Federal Credit Union Act to empower Federal Credit Unions to: (1) provide remittance transfers to persons in the field of membership; and (2) to cash checks and money orders for such persons for a fee.
Directs the Board of Governors of the Federal Reserve System to work with the Federal reserve banks to expand the use of the automated clearinghouse system for remittance transfers to foreign countries.
Requires certain Federal banking agencies to provide guidelines to financial institutions regarding the offering of low-cost remittance transfers and no-cost or low-cost basic consumer accounts, as well as agency services to remittance transfer providers.
Requires such agencies and the Secretary to assist the Financial Literacy and Education Commission in improving the financial literacy and education of consumers who send remittances. | {"src": "billsum_train", "title": "A bill to amend the Electronic Fund Transfer Act to extend certain consumer protections to international remittance transfers of funds originating in the United States, and for other purposes."} | 3,312 | 349 | 0.548698 | 1.761031 | 0.790074 | 5.260563 | 10.362676 | 0.929577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Handling of Ammonium Nitrate
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Although ammonium nitrate is an important fertilizer
used in agricultural production, in the wrong hands, ammonium
nitrate can be used to create explosives and was so used in
terrorist attacks conducted in Oklahoma City, Bali, and
Istanbul.
(2) The production, importation, storage, sale, and
distribution of ammonium nitrate affects interstate and
intrastate commerce.
(3) It is necessary for the Secretary of Homeland Security
to regulate the production, storage, sale, and distribution of
ammonium nitrate on account of the prior use of ammonium
nitrate to create explosives used in acts of terrorism and to
prevent terrorists from acquiring ammonium nitrate to create
explosives.
SEC. 3. DEFINITIONS.
In this Act:
(1) Act.--The term ``this Act'' includes regulations issued
under this Act.
(2) Ammonium nitrate.--The term ``ammonium nitrate'' means
solid ammonium nitrate that is chiefly the ammonium salt of
nitric acid and contains not less than 33 percent nitrogen, of
which--
(A) 50 percent is in ammonium form; and
(B) 50 percent is in nitrate form.
(3) Facility.--The term ``facility'' means any site where
ammonium nitrate is produced, stored, or held for distribution,
sale, or use. The term includes--
(A) all buildings or structures used to produce,
store, or hold ammonium nitrate for distribution, sale,
or use at a single site; and
(B) multiple sites described in subparagraph (A),
if the sites are--
(i) contiguous or adjacent; and
(ii) owned or operated by the same person.
(4) Handle.--The term ``handle'' means to produce, store,
sell, or distribute ammonium nitrate.
(5) Handler.--The term ``handler'' means any person that
produces, stores, sells, or distributes ammonium nitrate.
(6) Purchaser.--The term ``purchaser'' means any person
that purchases ammonium nitrate.
(7) Terrorism.--The term ``terrorism'' has the meaning
given that term in section 2(15) of the Homeland Security Act
of 2002 (6 U.S.C. 101(15)).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 4. REGULATION OF HANDLING AND PURCHASE OF AMMONIUM NITRATE.
(a) In General.--The Secretary may regulate the handling and
purchase of ammonium nitrate to prevent the misappropriation or use of
ammonium nitrate in an act of terrorism.
(b) Regulations.--The Secretary may promulgate regulations that
require--
(1) handlers--
(A) to register facilities;
(B) to sell or distribute ammonium nitrate only to
handlers and purchasers registered under this Act; and
(C) to maintain records of sale or distribution
that include the name, address, telephone number, and
registration number of the immediate subsequent
purchaser of ammonium nitrate; and
(2) purchasers to be registered.
(c) Use of Previously Submitted Information.--Prior to requiring a
facility or handler to submit new information for registration under
this section, the Secretary shall--
(1) request from the Attorney General, and the Attorney
General shall provide, any information previously submitted to
the Attorney General by the facility or handler under section
843 of title 18, United States Code; and
(2) at the election of the facility or handler--
(A) use the license issued under that section in
lieu of requiring new information for registration
under this section; and
(B) consider the license to fully comply with the
requirement for registration under this section.
(d) Consultation.--In promulgating regulations under this section,
the Secretary shall consult with the Secretary of Agriculture to ensure
that the access of agricultural producers to ammonium nitrate is not
unduly burdened.
(e) Data Confidentiality.--Notwithstanding section 552 of title 5,
United States Code, or the USA PATRIOT ACT (Public Law 107-56; 115
Stat. 272) or an amendment made by that Act, the Secretary may not
disclose to any person any information obtained from any facility,
handler, or purchaser--
(1) regarding any action taken, or to be taken, at the
facility or by the handler or purchaser to ensure the secure
handling of ammonium nitrate; or
(2) that would disclose--
(A) the identity or address of any purchase of
ammonium nitrate;
(B) the quantity of ammonium nitrate purchased; or
(C) the details of the purchase transaction.
(f) Exceptions to Data Confidentiality.--The Secretary may disclose
any information described in subsection (e)--
(1) to an officer or employee of the United States, or a
person that has entered into a contract with the United States,
who needs to know the information to perform the duties of the
officer, employee, or person, or to a State agency pursuant to
an arrangement under section 6, under appropriate arrangements
to ensure the protection of the information;
(2) to the public, to the extent the Secretary specifically
finds that disclosure of particular information is required in
the public interest; or
(3) to the extent required by order of a Federal court in a
proceeding in which the Secretary is a party, under such
protective measures as the court may prescribe.
SEC. 5. ENFORCEMENT.
(a) Inspections.--The Secretary, without a warrant, may enter any
place during business hours that the Secretary believes may handle
ammonium nitrate to determine whether the handling is being conducted
in accordance with this Act.
(b) Prevention of Sale or Distribution Order.--In any case in which
the Secretary has reason to believe that ammonium nitrate has been
handled other than in accordance with this Act, the Secretary may issue
a written order preventing any person that owns, controls, or has
custody of the ammonium nitrate from selling or distributing the
ammonium nitrate.
(c) Appeal Procedures.--
(1) In general.--A person subject to an order under
subsection (b) may request a hearing to contest the order,
under such administrative adjudication procedures as the
Secretary may establish.
(2) Rescission.--If an appeal under paragraph (1) is
successful, the Secretary shall rescind the order.
(d) In Rem Proceedings.--The Secretary may institute in rem
proceedings in the United States district court for the district in
which the ammonium nitrate is located to seize and confiscate ammonium
nitrate that has been handled in violation of this Act.
SEC. 6. ADMINISTRATIVE PROVISIONS.
(a) Cooperative Agreements.--The Secretary may enter into a
cooperative agreement with the Secretary of Agriculture, or the head of
any State department of agriculture or other State agency that
regulates plant nutrients, to carry out this Act, including cooperating
in the enforcement of this Act through the use of personnel or
facilities.
(b) Delegation.--
(1) In general.--The Secretary may delegate to a State the
authority to assist the Secretary in the administration and
enforcement of this Act.
(2) Delegation required.--On the request of a Governor of a
State, the Secretary shall delegate to the State the authority
to carry out section 4 or 5, on a determination by the
Secretary that the State is capable of satisfactorily carrying
out that section.
(3) Funding.--If the Secretary enters into an agreement
with a State under this subsection to delegate functions to the
State, the Secretary shall provide to the State adequate funds
to enable the State to carry out the functions.
(4) Inapplicability.--Notwithstanding any other provision
of this subsection, this subsection does not authorize a State
to carry out a function under section 4 or 5 relating to a
facility or handler in the State that makes the election
described in section 4(c)(2).
SEC. 7. CIVIL LIABILITY.
(a) Unlawful Acts.--It is unlawful for any person--
(1) to fail to perform any duty required by this Act;
(2) to violate the terms of registration under this Act;
(3) to fail to keep any record, make any report, or allow
any inspection required by this Act; or
(4) to violate any sale or distribution order issued under
this Act.
(b) Penalties.--
(1) In general.--A person that violates this Act may only
be assessed a civil penalty by the Secretary of not more than
$50,000 per violation.
(2) Notice and opportunity for a hearing.--No civil penalty
shall be assessed under this Act unless the person charged has
been given notice and opportunity for a hearing on the charge
in the county, parish, or incorporated city of residence of the
person charged.
(c) Jurisdiction Over Actions for Civil Damages.--The district
courts of the United States shall have exclusive jurisdiction over any
action for civil damages against a handler for any harm or damage that
is alleged to have resulted from the use of ammonium nitrate in
violation of law that occurred on or after the date of enactment of
this Act.
SEC. 8. STATE LAW PREEMPTION.
This Act preempts any State law that regulates the handling of
ammonium nitrate to prevent the misappropriation or use of ammonium
nitrate in an act of terrorism. | Secure Handling of Ammonium Nitrate Act of 2005 - Authorizes the Secretary of Homeland Security to regulate the handling and purchase of ammonium nitrate to prevent its misappropriation or use in an act of terrorism.
Authorizes the Secretary to promulgate regulations that require: (1) handlers to register facilities, to sell or distribute ammonium nitrate only to registered handlers and purchasers, and maintain records of sale or distribution that include the name, address, telephone number, and registration number of the immediate subsequent purchaser of ammonium nitrate; and (2) registration of purchasers.
Authorizes the Secretary to make warrantless inspections during business hours of any place that may handle ammonium nitrate to determine whether such handling accords with this Act.
Makes it unlawful for any person to: (1) fail to perform any duty required by this Act and related regulations; (2) violate the terms of registration under this Act; (3) fail to keep any record, make any report, or allow any inspection required by this Act; or (4) violate any sale or distribution order issued under this Act. Establishes civil penalties for violations. | {"src": "billsum_train", "title": "To authorize the Secretary of Homeland Security to regulate the production, storage, sale, and distribution of ammonium nitrate on account of the prior use of ammonium nitrate to create explosives used in acts of terrorism and to prevent terrorists from acquiring ammonium nitrate to create explosives."} | 2,209 | 249 | 0.682292 | 1.893829 | 0.782933 | 5.018779 | 8.929577 | 0.943662 |
SECTION 1. PROVISIONS RELATING TO OFFICES AND POSITIONS IN THE
EXECUTIVE OR LEGISLATIVE BRANCH.
(a) Applicability.--This section shall apply with respect to each
office or position under subparagraph (A), (B), or (D) of section
225(f) of the Federal Salary Act of 1967 (2 U.S.C. 356), as last in
effect before being repealed by section 3(a).
(b) Pay Provisions.--Notwithstanding section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31), section 104 of
title 3, United States Code, section 5318 of title 5, United States
Code, or any other provision of law, the rate of basic pay for each
office or position to which this section applies shall--
(1) for the period beginning on the date of the enactment
of this Act and ending at the close of the day before the first
day to which paragraph (2) applies, be equal to the rate
payable for such office or position as of the date of the
enactment of this Act; and
(2) on and after the first day of the first Congress
beginning after the next election of Representatives occurring
after the date of the enactment of this Act, be equal to the
rate which would then be payable for such office or position if
neither section 703 of the Ethics Reform Act of 1989 (5 U.S.C.
5318 note), section 6(a) of the Legislative Branch
Appropriations Act, 1992 (5 U.S.C. 5318 note) (but only to the
extent that it directs that subsection (a)(2)(B) of such
section 703 be treated as if it had not been enacted), nor
paragraph (1) had been enacted.
(c) Repeal of Certain Related Provisions.--The last sentence of
section 603, and the last sentence of section 804(f), of the Ethics
Reform Act of 1989 are repealed.
(d) Definition.--For the purpose of this section, the term
``election of Representatives'' is used in the same way as such term is
used in the twenty-seventh article of amendment to the Constitution of
the United States.
SEC. 2. PROVISIONS RELATING TO OFFICES AND POSITIONS IN THE JUDICIAL
BRANCH.
(a) Applicability.--This section shall apply with respect to each
office or position under subparagraph (C) of section 225(f) of the
Federal Salary Act of 1967 (2 U.S.C. 356), as last in effect before
being repealed by section 3(a).
(b) Pay Provisions.--
(1) In general.--Notwithstanding section 461 of title 28,
United States Code, or any other provision of law, the rate of
basic pay for each office or position to which this section
applies shall--
(A) for the period beginning on the date of the
enactment of this Act and ending at the close of the
day before the first day to which subparagraph (B)
applies, be equal to the rate payable for such office
or position as of the date of the enactment of this
Act; and
(B) on and after the date specified in paragraph
(2), be adjusted in accordance with paragraph (3).
(2) Specification of date.--The date specified in this
paragraph is the first date, after the first day referred to in
section 1(b)(2), as of which the rate of pay payable to a
Senator or Member of the House of Representatives (or, if those
rates are not the same, whichever is less) is at least equal to
the rate payable to a judge of a district court of the United
States as of the date of the enactment of this Act.
(3) Method for adjusting pay.--The method for adjusting pay
for an office or position under this paragraph shall be--
(A) as required under applicable provisions of law
(disregarding any adjustments which, but for this Act,
would have taken effect under those provisions during
the period described in paragraph (1)(A)); except that
(B) the first adjustment taking effect after the
end of such period shall (for each such office or
position) be equal to such percentage as results in the
rate of pay for a judge of a district court of the
United States being equal to the rate then payable to a
Senator or Member of the House of Representatives (or,
if those rates are not the same, whichever is less).
SEC. 3. REPEAL OF SECTION 225 OF THE FEDERAL SALARY ACT OF 1967.
(a) In General.--Section 225 of the Federal Salary Act of 1967 (2
U.S.C. 351 and following) is repealed.
(b) Technical and Conforming Amendments.--
(1) Paragraph (1) of section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 31(1)) is amended by
striking ``shall be'' through the period and inserting ``shall
be the rate determined for such positions under this
subsection.''.
(2) The first sentence of section 104 of title 3, United
States Code, is amended by striking ``shall be'' through the
period and inserting ``shall be the rate determined for such
position under this section.''.
(3) Sections 5312 through 5316 of title 5, United States
Code, are each amended by striking ``shall be'' through the
colon and inserting ``shall be the rate determined with respect
to such level under section 5318:''.
(4) Sections 5, 44(d), 135, and 252 of title 28, United
States Code, are each amended by striking ``determined under''
through the period and inserting ``determined under section 461
of this title.''. | Applies this Act to the Vice President, Members of the House of Representatives and the Senate, and certain offices and positions of the legislative as well as executive (Executive Schedule) branch.
Declares that, on and after the first day of the first Congress beginning after the next election of Representatives, the rate of basic pay for each such office or position shall be equal to the rate which would then be payable if neither of specified sections of the Ethics Reform Act of 1989 and the Legislative Branch Appropriations Act, 1992 had been enacted. Repeals certain related provisions of such Acts.
Requires adjustment, on the day after such day, in the rate of pay for: (1) judicial branch offices and positions in general, according to applicable Federal law; and (2) district court judges in particular, so that theirs shall be equal to the rate payable to a Senator or Member of the House (or the lesser of these, if such rates are not the same).
Amends the Federal Salary Act of 1967 to repeal the mandate and authorization for the Citizens' Commission on Public Service and Compensation, thus abolishing it. | {"src": "billsum_train", "title": "To nullify the 25 percent pay increase that was afforded to Members of Congress and certain other Government officials by the Ethics Reform Act of 1989; to repeal section 225 of the Federal Salary Act of 1967, and for other purposes."} | 1,303 | 244 | 0.613582 | 1.847743 | 0.67938 | 3.13964 | 5.175676 | 0.86036 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cuba Human Rights
Act of 2015''.
(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. Sense of Congress.
Sec. 4. Statement of policy.
Sec. 5. United States public diplomacy.
Sec. 6. Religious freedom.
Sec. 7. Trafficking in persons.
Sec. 8. Support for the Cuban people.
Sec. 9. Annual report.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States foreign policy towards the Government of
Cuba is governed by a variety of Federal laws, including the
Trading with the Enemy Act of 1917, the International Claims
Act of 1949, the Foreign Assistance Act of 1961, the Cuban
Assets Control Regulations of 1963, the International Economic
Powers Act of 1977, the Food Security Act of 1985, the Internal
Revenue Code of 1986, the Cuban Democracy Act of 1992, the
Cuban Liberty and Democratic Solidarity Act of 1996, the
Department of Commerce and Related Agencies Appropriations Act
of 1999, and the Trade Sanctions Reform and Export Enhancement
Act of 2000.
(2) Since 1961, it has been the stated policy of the United
States to institute a commercial and economic embargo against
the Government of Cuba, supported and buttressed by the Federal
laws referred to in paragraph (1), with the Cuban Assets
Control Regulations of 1963 being the principal means through
which the United States enforces its embargo against Cuba.
These Federal laws and related regulations regulate commerce,
trade, travel, and telecommunications with Cuba.
(3) The Cuban regime, which is effectively synonymous with
the Communist Party of Cuba, forbids public challenge to the
legitimacy of its single-party rule, and restricts freedom of
assembly, association, expression, press, religion, and speech,
as well as tightly limits access to the Internet and
telecommunications. This includes attempts to jam access to the
Internet and the signals of some foreign radio and television
stations, including the United States sponsored Radio y
Televisioon Martii.
(4) The Government of Cuba continues to harbor fugitives
wanted in the United States, such as Joanne Chesimard, who is
on the top of the Federal Bureau of Investigation's Most Wanted
Terrorist List. Chesimard, also known as Assata Shakur, was
convicted of murdering New Jersey State trooper Werner
Foerster. After escaping prison, Chesimard fled to Cuba, where
Fidel Castro granted her political asylum. This deplorable
failure to extradite has caused ongoing suffering and stress to
Mr. Foerster's surviving family and friends.
(5) The Government of Cuba continues to detain, imprison,
place under house arrest, convict, or otherwise restrict its
citizens for peacefully expressing any dissenting political
views, deny workers the right of free association and the
related right to organize and collectively bargain outside the
state monopoly on power, and limit freedom of religion,
restrict the operations of independent religious organizations,
and persecute believers whose religious activities or views the
Government of Cuba regards as a potential threat to its
monopoly on power.
(6) The Government of Cuba, through its Office of Religious
Affairs of the Central Committee of the Communist Party of Cuba
and the Ministry of Justice, controls all religious activity on
the island and often represses religious freedom, including the
harassment, beating, detainment, and jailing of individuals
involved in religious activities, typically on a weekly basis.
The Government of Cuba also unjustly uses treason laws to
repress religious freedom by accusing religious peoples of
being ``counter-revolutionaries'' and then illegally harassing,
beating, detaining, and jailing them.
(7) Individuals arrested by the Government of Cuba because
of their political or religious affiliations and activities are
not accorded due legal process as they lack full access to
lawyers of their choice, may experience closed trials, have
often been detained for years without trial, and have been
subjected to the use of torture to admit to crimes that they
did not commit or to falsely denounce others.
(8) Cuba continues to be a destination country for the
commercial sexual exploitation of women and young girls in the
form of sex tourism, as well as a source country for the forced
labor of individuals who subsequently face conditions of debt
bondage or forced labor.
(9) The United Nations Commission on Human Rights and
several Latin American countries have passed resolutions
condemning the human rights abuses of the Government of Cuba.
(10) In anticipation of the Summit of the Americas in
Panama, on April 8, 2015, persons affiliated with the Castro
regime attacked Cuban pro-democracy activists Jorge Luis Garcia
Perez ``Antunez'', Yris Perez Aguilera, Juan Carlos Gonzaalez
Leyva, Leticia Ramos Herreriia, and Rolando Rodriiguez Lobaina
and United States citizens Orlando Gutierrez, Silvia Iriondo,
and Gus Monge during a peaceful gathering.
(11) According to media reports, Colonel Alexis Frutos
Weeden, who is the head of Cuban intelligence in Venezuela, was
identified as one of the assailants in Panama who attacked the
Cuban pro-democracy activists and United States citizens.
(12) Despite the continued presence of these aggravating
circumstances, President Obama recently announced his intention
to comprehensively modify and normalize relations between the
United State and Cuba, all without the advice and consent of
Congress or with any attempt to amend or modify the myriad of
Federal laws and regulations that govern the United States-Cuba
relationship or the related embargo.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the United States-Cuba
relationship should not be changed, nor should any Federal law or
regulation be amended, until the Government of Cuba ceases violating
the human rights of the people of Cuba.
SEC. 4. STATEMENT OF POLICY.
It should be the policy of the United States to--
(1) continue to vigorously oppose and denounce the human
rights violations of the Government of Cuba;
(2) maintain the status quo of Federal law with respect to
the Government of Cuba, including sanctions and embargo, on the
Government of Cuba so long as it continues to violate the human
rights of the people of Cuba, and to deny the Government of
Cuba any embassy or consulates in the United States due to
security concerns stemming from past illicit espionage
activities;
(3) seek the cooperation of other democratic countries in
this policy;
(4) make clear to other countries that, in determining its
relations with them, the United States will take into account
their willingness to cooperate in such a policy; and
(5) not amend the Federal laws and regulations referred to
in section 2(1) and not reduce the sanctions against the
Government of Cuba until the Government of Cuba ceases
violating and, in fact, protects, the human rights of the
people of Cuba, including--
(A) releasing all political and religious
prisoners;
(B) respecting the right to freedom of religion,
including the right to participate in religious
activities and institutions without interference,
harassment, or involvement of the Government of Cuba
for all of Cuba's religious communities;
(C) returning estates and properties confiscated
from churches and religious communities;
(D) respecting the right to freedom of assembly,
association, expression, press, and speech, including
releasing all independent journalists, bloggers, and
democracy and labor activists;
(E) repealing or revising laws that criminalize
peaceful dissent, independent media, unsanctioned
religious activity, and nonviolent demonstrations and
rallies, in accordance with international standards and
treaties to which Cuba is a party;
(F) allowing Cuban nationals free and open access
to United States refugee programs;
(G) respecting the human rights of members of all
racial and ethnic minorities, including Afro-Cubans,
who face discrimination;
(H) taking all appropriate steps to end any
complicity of officials of the Government of Cuba or
companies wholly or partly owned or controlled by the
Government of Cuba in human rights violations,
including severe forms of trafficking in persons, and
vigorously investigating, prosecuting, convicting, and
sentencing such officials and the complicit individuals
in such companies for such conduct;
(I) satisfying, to the satisfaction of the
individual claims holders, all claims outstanding under
the International Claims Act of 1949 and the Cuban
Liberty and Democratic Solidarity Act of 1996, which
now total roughly $7 billion;
(J) returning all fugitives from justice convicted
in the United States of crimes, including Joanne
Chesimard, Guillermo Morales, Victor Manuel Gerena, and
Charles Hill; and
(K) ceasing the sponsorship of terrorist
organizations abroad or otherwise giving support and
refuge to such terrorist organizations, including the
Fuerzas Armadas Revolucionarias (FARC) of Colombia, the
Basque separatist group Euskadi Ta Askatasuna (ETA),
and the Fuerzas Armadas de Liberacioon Nacional (FALN)
of the Commonwealth of Puerto Rico.
SEC. 5. UNITED STATES PUBLIC DIPLOMACY.
(a) Radio Y Televisioon Martii Transmissions to Cuba.--It is the
sense of Congress that the United States should take all necessary
measures to overcome the jamming of all radio and television signals of
the Radio y Televisioon Martii by the Government of Cuba and that the
Broadcasting Board of Governors should not cut staffing, funding, or
broadcast hours for Radio y Televisioon Martii.
(b) United Nations Human Rights Council.--It is the sense of
Congress that if the conditions described in section 4 are not met, the
United States Permanent Representative to the United Nations should
strongly oppose, and encourage other Member States of the United
Nations to strongly oppose, Cuba's continued membership on the United
Nations Human Rights Council which acts as an affront to the legitimacy
of such Council.
SEC. 6. RELIGIOUS FREEDOM.
It is the sense of Congress that if the conditions described in
subparagraph (B) of section 4(5) are not met, Cuba should be designated
as a country of particular concern for religious freedom pursuant to
subsection (b) of section 402 of the International Religious Freedom
Act of 1998 (22 U.S.C. 6442).
SEC. 7. TRAFFICKING IN PERSONS.
It is the sense of Congress that the annual report to Congress
required under paragraph (1) of section 110(b) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101(b); Public Law 106-386)
should include an in-depth analysis of the facilitation of or
involvement in severe forms of human trafficking by any type of
official of the Government of Cuba or of companies wholly or partially
owned by the Government of Cuba, including whether such officials or
companies were involved in providing minors for commercial sex in the
tourism industry.
SEC. 8. SUPPORT FOR THE CUBAN PEOPLE.
Nothing in this Act may be construed as--
(1) prohibiting the donation of food to nongovernmental
organizations or individuals in Cuba;
(2) restricting the export of medicine or medical supplies,
instruments, or equipment to Cuba as specified in the Cuban
Democracy Act of 1992 or any other applicable Federal law;
(3) abrogating any requirement that the exports described
in paragraph (2) be verified in conformity with the Cuban
Democracy Act of 1992 or any other applicable federal law; or
(4) prohibiting or restricting any other form of assistance
specified in the Cuban Democracy Act of 1992, including
telecommunications, mail, and support for democracy.
SEC. 9. ANNUAL REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act and annually thereafter, the Secretary of State
shall submit to Congress a report on the following:
(1) Whether the conditions described in subparagraphs (A)
through (K) of section 4(5) have been met, as applicable.
(2) Efforts by the United States to promote access by the
Cuban people to Radio y Televisioon Martii transmissions.
(3) Lists of persons believed to be imprisoned, detained,
or placed under house arrest, tortured, or otherwise persecuted
by the Government of Cuba due to their pursuit of
internationally recognized human rights. In compiling such
lists, the Secretary shall exercise appropriate discretion,
including concerns regarding the safety and security of, and
benefit to, the persons who may be included on such lists and
their families, but if such persons are not identified by name
then they shall disclosed in camera to the Committee on Foreign
Affairs of the House of Representatives or the Committee on
Foreign Relations of the Senate if requested. In addition, the
Secretary shall include a list of such persons and their
families who may qualify for protections under United States
refugee programs.
(4) A description of the development of the rule of law in
Cuba, including information on the following:
(A) Progress toward the development of institutions
of democratic governance.
(B) Processes by which statutes, regulations,
rules, and other legal acts of the Government of Cuba
are developed and become binding within Cuba.
(C) The extent to which statutes, regulations,
rules, administrative and judicial decisions, and other
legal acts of the Government of Cuba are published and
are made accessible to the public.
(D) The extent to which administrative and judicial
decisions are supported by statements of reasons that
are based upon written statutes, regulations, rules,
and other legal acts of the Government of Cuba.
(E) The extent to which individuals are treated
equally under the laws of Cuba without regard to
citizenship, race, religion, political opinion, or
current or former associations.
(F) The extent to which administrative and judicial
decisions are independent of political pressure or
governmental interference and are reviewed by entities
of appellate jurisdiction.
(G) The extent to which laws in Cuba are written
and administered in ways that are consistent with
international human rights standards, including the
rights enumerated in the International Covenant on
Civil and Political Rights.
(b) Contacts With Other Organizations.--In preparing the reports
required under subsection (a), the Secretary of State shall seek out
and maintain contacts with nongovernmental organizations and human
rights advocates (including Cuban-Americans and human rights advocates
in Cuba), in order to receive and evaluate reports and updates from
such advocates and organizations. The Secretary shall also consult with
the United States Commission on International Religious Freedom when
preparing such reports and make all efforts to accommodate the
Commission's input in the final version of such reports. | Cuba Human Rights Act of 2015 This bill expresses the sense of Congress that: the United States-Cuba relationship should not be changed, nor should any federal law or regulation be amended, until the government of Cuba ceases violating the human rights of the people of Cuba; the United States should overcome the jamming of radio and television signals of the Radio y Television Marti by the government of Cuba, and that the Broadcasting Board of Governors should not cut staffing, funding, or broadcast hours for Radio y Television Marti; if certain human rights conditions are not met the U.S. Permanent Representative to the United Nations (U.N.) should oppose and encourage other U.N. members to oppose Cuba's continued membership on the United Nations Human Rights Council; and the annual trafficking victims report to Congress should include an in-depth analysis of the facilitation of or involvement in severe forms of human trafficking by any official of the government of Cuba or of companies wholly or partially owned by the government of Cuba. Nothing in this Act may be construed as: prohibiting the donation of food to nongovernmental organizations or individuals in Cuba; restricting the export of medicine or medical supplies to Cuba, or abrogating any requirement that such exports be verified in conformity with the Cuban Democracy Act of 1992 or any other applicable federal law; or prohibiting or restricting any other form of assistance specified in the Cuban Democracy Act of 1992, including telecommunications, mail, and support for democracy. | {"src": "billsum_train", "title": "Cuba Human Rights Act of 2015"} | 3,258 | 323 | 0.480715 | 1.612877 | 0.672984 | 6.755319 | 10.656028 | 0.939716 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice Exists for All of Us Act of
2013''.
SEC. 2. STATE ``STAND YOUR GROUND'' LAWS AND NEIGHBORHOOD WATCH
REGISTRATION.
(a) In General.--For each fiscal year after the expiration of the
period of implementation specified in subsection (b), a State shall--
(1) not have in effect throughout the State any law or
policy that allows a person to use deadly force when such
person is threatened that does not impose a duty to retreat
before using such force in any place where such person is
lawfully present (commonly known as ``stand your ground
laws''), except that a State may have in place a law or policy
that permits a victim of domestic violence to use deadly force
when such victim is threatened and does not impose a duty on
the victim to retreat before using such force in any place
where such victim is lawfully present; and
(2) have in effect throughout the State laws and policies
that make it unlawful to establish, organize, operate, or
participate in a neighborhood watch program unless such program
is registered with--
(A) the local law enforcement agency that has
jurisdiction over the neighborhood in which the program
is located; and
(B) the Department of Justice, in accordance with
regulations promulgated by the Attorney General.
(b) Period for Implementation by States.--
(1) Deadline.--Each State shall implement this section
before 3 years after the date of the enactment of this Act.
(2) Extensions.--The Attorney General may authorize up to
two 1-year extensions of the deadline in paragraph (1).
(c) Failure of State To Comply.--
(1) In general.--For any fiscal year after the end of the
period for implementation under subsection (b), a State that
fails, as determined by the Attorney General, to substantially
implement this section shall not receive 20 percent of the
funds that would otherwise be allocated for that fiscal year to
the State under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.).
(2) State constitutionality.--
(A) In general.--When evaluating whether a State
has substantially implemented this section, the
Attorney General shall consider whether the State is
unable to substantially implement this section because
of a demonstrated inability to implement certain
provisions that would place the State in violation of
its constitution, as determined by a ruling of the
State's highest court.
(B) Efforts.--If the circumstances arise under
subparagraph (A), then the Attorney General and the
State shall make good faith efforts to accomplish
substantial implementation of this section and to
reconcile any conflicts between this section and the
State's constitution. In considering whether compliance
with the requirements of this section would likely
violate the State's constitution or an interpretation
thereof by the State's highest court, the Attorney
General shall consult with the chief executive and
chief legal officer of the State concerning the State's
interpretation of the State's constitution and rulings
thereon by the State's highest court.
(C) Alternative procedures.--If the State is unable
to substantially implement this section because of a
limitation imposed by the State's constitution, the
Attorney General may determine that the State is in
compliance with this Act if the State has implemented,
or is in the process of implementing, reasonable
alternative procedures or accommodations that are
consistent with the purposes of this Act.
(D) Funding reduction.--If a State does not comply
with subparagraph (C), then the State shall be subject
to a funding reduction as specified in paragraph (1).
(3) Reallocation.--Amounts not allocated under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.) to a State for failure to
substantially implement this section shall be reallocated under
such subpart to States that have not failed to substantially
implement this section or may be reallocated to a State from
which they were withheld to be used solely for the purpose of
implementing this section.
(d) Definition of State.--In this section the term ``State'' shall
have the meaning given such term in section 901(a) of Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a) et seq.).
SEC. 3. STUDY ON ``STAND YOUR GROUND'' LAWS.
(a) Authority.--Not later than one year after the date of enactment
of this Act, the Attorney General shall conduct a study of State laws
that allow a person to use deadly force when such person is threatened
and do not impose a duty to retreat before using such force in any
place where such person is lawfully present (commonly known as ``stand
your ground laws'').
(b) Contents of Study.--In conducting the study under subsection
(a), the Attorney General shall examine each of the following:
(1) The effect that stand your ground laws have on rates of
violent deaths, including determining whether States that have
stand your ground laws have higher rates of violent deaths than
States that do not have such laws.
(2) Whether women and minorities are targets of the force
authorized by stand your ground laws at a higher rate than the
general population.
(c) Report.--Not later than 180 days after completing the study
conducted under subsection (a), the Attorney General shall report the
findings of such study to Congress. | Justice Exists for All of Us Act of 2013 - Prohibits a state, for each fiscal year beginning three years after enactment of this Act, from having in effect a law or policy that: (1) allows a person to use deadly force when such person is threatened and that does not impose a duty to retreat before using such force in any place where that person is lawfully present (commonly known as a "stand your ground law"), except where the person is a victim of domestic violence; or (2) allows the establishment, organization, or operation of, or participation in, a Neighborhood Watch program that is not registered with the local law enforcement agency and the Department of Justice (DOJ). Allows the Attorney General to authorize up to two one-year extensions of such deadline. Provides that a state that fails to substantially implement this Act for any fiscal year shall not receive 20% of the funds that would otherwise be allocated to it under the Edward Byrne Memorial Justice Assistance Grant program. Provides for alternative procedures for compliance by a state that is unable to substantially implement this Act because of a conflict with the state's constitution. Directs the Attorney General to conduct a study of state stand your ground laws, including by examining: (1) the effect that such laws have on rates of violent deaths, and (2) whether women and minorities are targets of the force authorized by such laws at a higher rate than the general population. | {"src": "billsum_train", "title": "Justice Exists for All of Us Act of 2013"} | 1,234 | 314 | 0.699457 | 2.277783 | 0.795788 | 3.759717 | 4.010601 | 0.911661 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Celia Cruz Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress hereby finds as follows:
(1) Celia Cruz began singing in amateur contests in her
hometown of Havana, Cuba, at the age of 14.
(2) During this period Cruz studied music theory, piano and
voice at Cuba's National Music Conservatory.
(3) During the 1950's, Cruz became an accomplished music
talent and recording artist in Cuba and beyond the island's
shores.
(4) On July 15, 1960, Cruz, her husband, and the members of
her band fled Cuba for the United States to escape the
oppressive regime of Fidel Castro.
(5) Cruz and her husband worked and lived in the United
States and became naturalized American citizens.
(6) Cruz' successful career in the entertainment industry
spanned over 5 decades and she is widely known around the globe
as ``The Queen of Salsa''.
(7) Cruz recorded over 70 records during her career,
earning multiple Grammy Awards and a Billboard Magazine
Lifetime Achievement Award in 1995.
(8) Cruz has also won numerous Latin Grammy Awards and
other music industry recognitions that include a myriad of
platinum albums.
(9) Cruz has been honored with a Lifetime Achievement Award
by the Smithsonian Institution and, in 1994, President Clinton
presented Cruz with the National Medal of the Arts, the United
States highest tribute in the arts community.
(10) Celia Cruz was a champion of freedom and artistic
expression who dedicated herself to helping others.
(11) During the summer of 2002, a foundation was
established in her name, the Celia Cruz Foundation, helping to
realize her dream of providing financial aid to low-income
students who wish to study music and to assist cancer victims.
(12) Celia Cruz, whose music, energy, and happiness made
her a role model for generations of Americans and inspired
audiences around the world, died on July 16, 2003 in Fort Lee,
New Jersey.
(13) In 2008, the world will mark the 5th anniversary of
her death and it will be an appropriate time to remember her
achievements and lasting musical works and charitable legacy.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In commemoration of the achievements and
lasting musical works and charitable legacy of Celia Cruz, the
Secretary of the Treasury (hereinafter in this Act referred to as the
``Secretary'') shall mint and issue the following coins:
(1) $1 silver coins.--Not more than 300,000 $1 coins which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(2) Half dollar clad coins.--Not more than 500,000 half
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5136 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of Celia Cruz and her lasting legacy.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2008''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', ``E Pluribus
Unum'', and ``The Queen of Salsa''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the Celia Cruz Foundation; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 2008.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2008.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Marketing.--The Secretary, in cooperation with the Celia Cruz
Foundation, shall develop and implement a marketing program to promote
and sell the coins issued under this Act both within the United States
and internationally.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) $10 per coin for the $1 coin.
(2) $3 per coin for the half dollar coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Celia Cruz Foundation, a nonprofit corporation dedicated to
offering financial aid to under-privileged students who wish to study
music as well as funding efforts in the fight against cancer, for the
purpose of supporting the programs of the Foundation.
(c) Audits.--The Celia Cruz Foundation shall be subject to the
audit requirements of section 5134(f)(2) of title 31, United States
Code, with regard to the amounts received by the Foundation under
subsection (b). | Celia Cruz Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 300,000 one dollar silver coins and 500,000 half dollar clad coins emblematic of Celia Cruz (known as the "Queen of Salsa") and her legacy.
Establishes surcharges of ten dollars per coin for the dollar coin and three dollars per coin for the half dollar coin, which shall be paid to the Celia Cruz Foundation. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of Celia Cruz."} | 1,535 | 102 | 0.513637 | 1.522266 | 0.353875 | 2.580247 | 17.45679 | 0.876543 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Relief Corps Act
of 2008''.
SEC. 2. RESPONSE AND RECOVERY CORPS.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 525. RESPONSE AND RECOVERY CORPS.
``(a) Establishment.--The Secretary shall maintain within the
Department a Response and Recovery Corps (in this section referred to
as the `Corps').
``(b) Purpose.--The purpose of the Corps shall be to perform
functions related to the collective response to acts of terrorism,
natural disasters, and other emergencies.
``(c) Participants.--The Corps shall consist of individuals
appointed to the Corps by the Secretary (in this section referred to as
`Corps members'), each of whom--
``(1) does not ordinarily have the duties of a full-time
officer or employee of the Department; but
``(2) is able to assume duties when the Secretary so
requires.
``(d) Training.--The Secretary shall ensure that each Corps member
receives core training in functions relating to emergency response or
post-incident recovery and rebuilding efforts, or both.
``(e) Projects.--The Corps shall be responsible for working on
projects, as determined by the Secretary, that support the function of
responding collectively to acts of terrorism, natural disasters, and
other emergencies and rebuilding impacted areas.
``(f) Geographic Distribution.--In any case in which the Secretary
directs the Corps to carry out a project, the Secretary shall ensure
that at least 30 percent of the Corps members assigned to carry out the
project reside, or resided prior to an act of terrorism, natural
disaster, or other emergency, in the region in which the project is
conducted.
``(g) Duties.--The Secretary shall--
``(1) identify response and recovery projects that warrant
support from the Corps;
``(2) direct and oversee the activities of the Corps;
``(3) govern the selection of Corps members using the
criteria contained in subsection (c); and
``(4) formulate and administer a system of uniform periodic
reports on the number of individuals employed by the Corps and
the number of individuals and households receiving relief from
the Corps.
``(h) Appointment Into Federal Service.--
``(1) In general.--In addition to the exercise of any other
authorities under this section, the Secretary may appoint a
Corps member into Federal service for the purpose of
participation in the activities of the Corps without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service.
``(2) Employment status.--Regardless of any other
employment status, a Corps member who is appointed into Federal
service pursuant to this subsection is deemed an employee of a
Federal agency for all purposes except--
``(A) subchapter III of chapter 83 of title 5,
United States Code, pertaining to labor grievances,
appeal and review, or any applicable retirement system;
``(B) chapter 87 of title 5, United States Code,
pertaining to life insurance; and
``(C) chapter 89 of title 5, United States Code,
pertaining to health insurance, or other applicable
health benefits system, unless the Corps member's
appointment results in the loss of coverage in a group
health benefits plan the premium of which has been paid
in whole or in part by a State or local government
contribution.
``(3) Pay.--During a period of appointment into Federal
service pursuant to this subsection, Corps members shall
receive pay at rates to be established by the Secretary without
regard to the provisions of chapter 51 and subchapter III of
chapter 53 of title 5, United States Code, relating to
classification and General Schedule pay rates.
``(4) Personal injury, illness, disability, or death.--
``(A) In general.--A Corps member who is appointed
into Federal service pursuant to this subsection and
who suffers personal injury, illness, disability, or
death as a result of personal injury sustained while in
the performance of the member's duty during the
appointment into Federal service shall, for the
purposes of subchapter I of chapter 81 of title 5,
United States Code, be treated as though the member
were an employee (as defined by section 8101 of such
title) who had sustained the injury in the performance
of duty.
``(B) Election of benefits.--When a Corps member
(or, in the case of the death of the Corps member, the
Corps member's dependent) is entitled by reason of
injury, illness, disability, or death to benefits under
subchapter I of chapter 81 of title 5, United States
Code, and is also entitled to benefits from a State or
local government for the same injury, illness,
disability, or death, the Corps member (or such
dependent) shall elect which benefits the Corps member
will receive. The election shall be made not later than
1 year after the injury, illness, disability or death,
or such further time as the Secretary of Labor may
allow for reasonable cause shown. When made, the
election is irrevocable unless otherwise provided by
law.
``(C) Reimbursement for state or local benefits.--
In the event that a Corps member elects benefits from a
State or local government under subparagraph (B), the
Secretary may reimburse that State or local government
for the value of those benefits.
``(5) Liability.--A Corps member appointed into Federal
service pursuant to this subsection is deemed an employee of
the Department for the purposes of the Federal Tort Claims Act
and any other Federal third party liability statute.
``(6) Employment and reemployment rights.--The following
apply with respect to a Corps member during periods of
appointment to Federal service pursuant to this subsection:
``(A) Service as a Corps member shall be deemed
`service in the uniformed services' for purposes of
chapter 43 of title 38, United States Code, pertaining
to employment and reemployment rights of individuals
who have performed service in the uniformed services
(regardless of whether the individual receives
compensation for such participation). All rights and
obligations of such persons and procedures for
assistance, enforcement, and investigation shall be as
provided for in chapter 43 of title 38, United States
Code.
``(B) Preclusion of giving notice of service by
necessity of appointment under this section shall be
deemed preclusion by `military necessity' for purposes
of section 4312(b) of title 38, United States Code,
pertaining to giving notice of absence from a position
of employment. A determination of such necessity shall
be made by the Secretary.
``(C) Subject to the availability of
appropriations, the Secretary may recognize employer
support of the deployment of Corps members and their
cooperation to allow Corps members to receive
authorized training.
``(i) Gulf Coast Recovery and Rebuilding Efforts.--
``(1) Plan.--The Secretary shall develop a plan for
directing the Corps to assist in recovery and rebuilding
efforts for the Gulf Coast region in the wake of Hurricane
Katrina.
``(2) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a report containing the plan developed under
paragraph (1).
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal years 2009 and 2010.''.
(b) Conforming Amendment.--The table of contents contained in
section (1)(b) of such Act (6 U.S.C. 101 et seq.) is amended by adding
at the end of the items relating to title V the following:
``Sec. 525. Response and Recovery Corps.''. | Homeland Security Relief Corps Act of 2008 - Directs the Secretary of Homeland Security to maintain within the Department of Homeland Security (DHS) a Response and Recovery Corps to perform functions related to the collective response to acts of terrorism, natural disasters, and other emergencies.
Requires the Corps to consist of individuals who do not ordinarily have the duties of a full-time DHS officer or employee.
Directs the Secretary to ensure that: (1) each Corps member receives core training in functions relating to emergency response or post-incident recovery and rebuilding efforts, or both; and (2) at least 30% of Corps members assigned to carry out a project reside, or resided prior to an act of terrorism, natural disaster, or other emergency, in the region in which the project is conducted.
Requires the Secretary to: (1) identify response and recovery projects that warrant support from the Corps; (2) direct and oversee Corps activities; (3) govern the selection of Corps members; and (4) formulate and administer a system of uniform periodic reports on the number of individuals employed by, and the number of individuals and households receiving relief from, the Corps.
Authorizes the Secretary to appoint a Corps member into federal service for the purpose of participation in Corps activities without regard to provisions governing appointments in the competitive service.
Directs the Secretary to develop a plan for directing the Corps to assist in recovery and rebuilding efforts for the Gulf Coast region in the wake of Hurricane Katrina. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to maintain a Response and Recovery Corps to perform functions related to the collective response to acts of terrorism, natural disasters, and other emergencies, and for other purposes."} | 1,772 | 316 | 0.737728 | 1.912738 | 1.008355 | 6.60274 | 5.702055 | 0.979452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tennessee Valley Authority Power
Privatization Act of 1993''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the power generation and transmission facilities of the
Tennessee Valley Authority should be privatized; and
(2) the transfer of all property of the Tennessee Valley
Authority remaining after such privatization should be made to
other Federal, State, and local agencies in an orderly and
expeditious manner.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to achieve the intention of Congress set forth in
section 2 by requiring the President to develop a plan--
(A) for the sale of the power generating and
transmission facilities and equipment of the Tennessee
Valley Authority to the private sector in groupings
that will introduce competition into the generation and
sale of electric power;
(B) for the transfer of the National Fertilizer and
Environmental Research Center to a public or private
entity which will carry out the functions of such
Center;
(C) for the transfer to other governmental entities
of all property of the Tennessee Valley Authority
remaining after the sales and transfers described in
subparagraphs (A) and (B); and
(D) for the orderly termination of the Tennessee
Valley Authority after the completion of such sales and
transfers; and
(2) to provide a method for reducing the national debt
through the use of the income derived from such sales and
transfers.
SEC. 4. TVA PRIVATIZATION PLAN.
(a) In General.--Not later than September 30, 1994, the President
shall develop and transmit to Congress a plan for transferring, by sale
or otherwise, of all real property, facilities, and equipment of the
Tennessee Valley Authority to appropriate public and private entities.
(b) Contents.--The plan to be developed under subsection (a) shall
include, at a minimum, recommendations (including legislative
recommendations) of the President concerning each of the following:
(1) Transfer of power facilities and equipment.--Transfer
by sale of the power generation and transmission facilities and
equipment of the Tennessee Valley Authority, including real
property used in connection with such facilities and equipment,
for the purpose of maximizing proceeds from such sales. Such
transfers may provide for the sale of generating equipment and
facilities to persons other than the persons to whom
transmission facilities are sold. Such transfers shall be
subject to the following conditions: Former customers of power
from the Tennessee Valley Authority will continue to be served
and reliability of service will be ensured by establishing
control areas in cooperation with surrounding control areas.
Such transfers may provide, to the extent practicable, for the
grouping of facilities utilizing different sources of power
(including coal-fired, nuclear, and hydroelectric generating
facilities) and provide for access to the transmission grids of
the Tennessee Valley Authority by such groupings to ensure
availability of power from different sources and to enhance
competition. All outstanding loans associated with such
facilities and equipment shall be assumed by the purchasers.
(2) Transfer of national fertilizer and environmental
research center facilities and equipment.--Transfer by sale of
real property, facilities, and equipment used by the National
Fertilizer and Environmental Research Center of the Tennessee
Valley Authority to a public or private entity which agrees to
continue to carry out the functions of the Center for at least
5 years after assuming ownership. If such sale cannot be
arranged, such transfer may be by donation to an appropriate
entity subject to agreement that the functions of the Center
will be continued for at least 10 years.
(3) Transfer of jurisdictional authority over real
property.--Transfer to appropriate governmental departments and
agencies, including the National Park Service, of
jurisdictional authority over real property which is controlled
by the Tennessee Valley Authority and which is not transferred
under paragraphs (1) and (2).
(4) Transfer of certain functions.--Transfer to appropriate
Federal departments and agencies of functions of the Tennessee
Valley Authority which are not related to power generation.
(5) Termination of tva.--Termination of the Tennessee
Valley Authority after the transfers under paragraphs (1), (2),
(3), and (4) have been made.
(c) Additional Requirements.--The plan developed under subsection
(a) shall include--
(1) a step-by-step procedure to carry out the sales and
transfers described in subsection (b);
(2) a timetable for implementation of each step of the
plan;
(3) an estimate of the amount of anticipated net proceeds
from the sale of assets of the Tennessee Valley Authority; and
(4) an estimate of the cost of implementing the plan. | Tennessee Valley Authority Power Privatization Act of 1993 - Directs the President to develop and transmit to the Congress a plan for transferring, by sale or otherwise, all real property, facilities, and equipment of the Tennessee Valley Authority (TVA) to appropriate public and private entities. Requires such plan to provide for transfer of: (1) TVA power generation facilities and equipment; (2) National Fertilizer and Environmental Research Center facilities and equipment; (3) TVA's jurisdictional authority over real property; and (4) TVA functions unrelated to power generation to appropriate Federal departments and agencies. Terminates the TVA after the completion of such transfers. | {"src": "billsum_train", "title": "Tennessee Valley Authority Power Privatization Act of 1993"} | 970 | 132 | 0.70893 | 2.04907 | 0.703953 | 3.8 | 7.728 | 0.936 |
OFFICERS.
``The State Administrator shall establish a Problem Resolution
Office. Problem Resolution Officers shall have the authority to
investigate taxpayer complaints and enjoin collection activity if, in
the opinion of the Problem Resolution Officer, said collection activity
is reasonably likely to not be in compliance with law. Said
administrative injunction may only be reversed by the highest official
in the relevant State or Federal taxing authority or by its General
Counsel upon a finding that the collection activity is justified by
clear and convincing evidence. The authority to reverse this
administrative injunction may not be delegated. Problem Resolution
Officers shall not be disciplined or adversely affected for the
issuance of administrative injunctions unless a pattern or issuing
injunctions that are manifestly unreasonable is proven in an
administrative hearing. Nothing in this section shall limit the
authority of the State Administrators or the taxpayer to pursue any
legal remedy in any court with jurisdiction over the dispute at issue.
``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION.
``(a) Allocation Rules.--For purposes of allocating revenue between
or among administering states from taxes imposed by this subtitle, the
revenue shall be allocated to those states that are the destination of
the taxable property or services. The destination of the purchase of
taxable property and services shall be determined in accordance with
this section.
``(b) Federal Office of Revenue Allocation.--The Secretary shall
establish an Office of Revenue Allocation to arbitrate any claims or
disputes among administering states as to the destination of taxable
property and services for purposes of allocating revenue between or
among the states from taxes imposed by this subtitle. The determination
of the Administrator of the Office of Revenue Allocation shall be
subject to judicial review in any federal court with competent
jurisdiction provided, however, that the standard of review shall be
abuse of discretion.
``(c) Tangible Personal Property.--The destination of tangible
personal property shall be the state or territory in which the property
was first delivered to the purchaser. Tangible personal property
shipped by means of the mail or common carrier shall be deemed
delivered to the location of the purchaser for purposes of this
subsection upon shipment by mail or common carrier.
``(d) Real Property.--The destination of real property or rents or
leaseholds on real property shall be state or territory in which the
real property is located.
``(e) Other Property.--The destination of other property shall be
residence of the purchaser.
``(f) Services.--
``(1) General rule.--The destination of services shall be
state or territory in which the use, consumption or enjoyment
of the services occurred. Allocation of service invoices
relating to more than one jurisdiction shall be on the basis of
time.
``(2) Telecommunications services.--The destination of
telecommunications services shall be the residence of the
purchaser. Telecommunications services shall include telephone,
telegraph, cable television, satellite and computer on-line or
network services.
``(3) Domestic transportation services.--For transportation
services where all of the final destinations are within the
United States, the destination of transportation services shall
be the final destination of the trip (in the case of round or multiple
trip fares, the services amount shall be equally allocated among the
final destinations).
``(4) International transportation services.--For
transportation services where the final destination or origin
of the trip is without the United States, the service amount
shall be deemed 50 percent attributable to the United States
destination or origin.
``(g) Financial Intermediation Services.--The destination of
financial intermediation services shall be the residence of the
purchase.
``(h) A State Tax Administrator shall have jurisdiction over any
gross payments made which have a destination (as determined in
accordance with this section) within the state of said State Tax
Administrator. This grant of jurisdiction is not exclusive of other
jurisdiction that said State Tax Administrator may have.
``(i) Rents and Royalties Paid for the Lease of Tangible
Property.--
``(1) General rule.--The destination of rents and royalties
paid for the lease of tangible property shall be where the
property is located.
``(2) Vehicles.--The destination of rent and lease payments
on vehicles shall be--
``(A) in the case of rentals and leases of a term
one month or less, the location where the vehicle was
originally delivered to the lessee; and
``(B) in the case of rentals and leases of a term
greater than one month, the residence of the lessee.
``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY.
``(a) In General.--For each purchase of taxable property or
services for which a tax is imposed pursuant to section 1, the sales
tax shall be charged separately from the purchase price by the vendor
or seller. For purchase of taxable property or services for which a tax
is imposed pursuant to section 1, the vendor shall provide to the
purchaser a receipt that sets forth at least the following information:
``(1) The property or services price exclusive of tax.
``(2) The amount of tax paid.
``(3) The property or service price inclusive of tax.
``(4) The tax rate (the amount of tax paid (per
subparagraph 2) divided by the property or service price
inclusive of tax (per subparagraph 3)).
``(5) The date that the good or service was sold.
``(6) The name of the vendor.
``(7) The vendor registration number.
``(b) Vending Machine Exception.--The requirements of subsection
(a) shall be inapplicable in the case of sales by vending machines.
Vending machines for purposes of this subsection shall mean machines--
``(1) that dispense taxable property in exchange for coins,
one, five, ten or twenty dollar bills, and
``(2) that sell no single item exceeding ten dollars per
unit in price.
``SEC. 55. INSTALLMENT AGREEMENTS; COMPROMISES.
``The State Administrator or the Secretary, as the case may be, is
authorized to enter into written agreements with any person under which
the person is allowed to satisfy liability for payment of any tax in
installment payments if he determines that such agreement will
facilitate the collection of such liability. The agreement shall remain
in effect for the term of the agreement unless the information that the
person provided to the Secretary or the State Administrator was
materially inaccurate or incomplete. The Secretary and the State
Administrator may compromise any amounts alleged to be due.
``SEC. 56. ACCOUNTING.
``(a) Cash Method To Be Used Generally.--Vendors and other persons
shall remit taxes and report transactions with respect to the month for
which payment was received or the tax imposed by this chapter otherwise
becomes due.
``(b) Election To Use Accrual Method.--A person may elect with
respect to a calendar year, in a form prescribed by the Secretary, to
remit taxes and report transactions with respect to the month where a
sale was invoiced and accrued.
``(c) Cross Reference.--
``For rules relating to bad debts for
vendors electing the accrual method, see section 11(g).
``SEC. 57. HOBBY ACTIVITIES.
``(a) The exemption afforded by section 2(a)(1) shall not be
available for any taxable property or service used by a trade or
business if that trade or business is not engaged in for profit.
``(b) If the trade or business has received gross payments for the
sale of taxable property or services that exceed the sum of--
``(1) taxable property and services purchased,
``(2) wages paid, and
``(3) taxes paid,
in 2 or more of the most recent 4 calendar years during which it
operated, then the business activity shall be conclusively deemed to be
engaged in for profit.''
SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE.
(a) Appropriations for any expenses of the Internal Revenue Service
including processing income tax returns for years prior to the repeal
of the income tax, revenue accounting, management, transfer of payroll
tax data to the Social Security Administration and otherwise for years
after fiscal year 2001 are not authorized.
(b) Section 7801 is amended by adding the following new
subsections:
``(d) Excise Tax Bureau.--There shall be in the Department of
Treasury an Excise Tax Bureau to administer those excise taxes not
repealed by this Act.
``(e) Sales Tax Bureau.--There shall be in the Department of
Treasury a Sales Tax Bureau to administer the national sales tax in
those States where it is required pursuant to section 31(g), and to
discharge other Federal duties and powers relating to the national
sales tax (including those required by sections 32, 33, and 53(b)). The
Office of Revenue Allocation shall be within the Sales Tax Bureau.''.
(c) Section 7801(b)(2) is amended to read as follows:
``(2) Assistant general counsels.--The Secretary of the
Treasury may appoint, without regard to the provisions of the
civil service laws, and fix the duties of not more than 5
Assistant General Counsel.''.
(d) Short Year.--
(1) For purposes of the Federal income tax, the tax imposed
by section 1 and section 11 for taxable years ending June 30,
1999, shall be modified as set forth in this subsection.
(2) For calendar year taxpayers, the dollar figures in
section 1 and section 11 shall be reduced by dividing by 2 all
dollar figures that would be applicable but for this
subsection.
(3) For fiscal year taxpayers, the dollar figures in
section 1 and section 11 shall be equal to the product of--
(A) the dollar amount that would be applicable but
for this subsection, and
(B) the ratio that has as its numerator the number
of months in the taxpayer's taxable year ending June
30, 1999, and as its denominator 12.
(4) The Secretary shall publish tax rate schedules in
accordance with this subsection.
SEC. 6. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES.
(a) Commencing January 1, 1999, the Social Security Administration
shall collect and administer the taxes imposed pursuant to chapter 2 of
subtitle A (relating to self employment income taxes) and subtitle C
(relating to employment taxes) of the Internal Revenue Code of 1986.
(b) Cross References.--
For revised rules relating to the self-
employment tax, see section 7 of this Act.
For rules relating to revised
withholding tax schedules and family consumption refund, see section
13.
SEC. 7. SELF-EMPLOYMENT TAX.
(a) Subsection 1402(a) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(a) In General.--`Self employment income' shall mean gross
payments received in a calendar year from the sale of taxable property
or services (without regard to exemption) less the sum in a calendar
year of--
``(1) purchases of taxable property or services (without
regard to exemption) in furtherance of a business purpose,
``(2) any wages paid (whether to the self-employed person
or others) in furtherance of a business purpose,
``(3) unused transition amounts, and
``(4) undeducted negative self employment income amounts
from prior periods.
``(b) Transition Amounts.--
``(1) General rule.--The transition amount for the ten
calendar years commencing in 1999 shall be the unrecovered
basis amount as of the end of December 31, 1998 divided by ten.
``(2) Unrecovered basis amount.--The unrecovered basis
amount shall be remaining income tax basis relating to--
``(A) prior law section 167 property placed in
service prior to January 1, 1999, and
``(B) inventory held as of the end of 1998
(including any amounts capitalized in accordance with
prior law section 263A).''
(b) Conforming Amendments.--Subsections 1402(b) and 1402(c) are
hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as
subsections 1402(b) et seq.
SEC. 8. SOCIAL SECURITY BENEFITS INDEXED ON SALES TAX INCLUSIVE BASIS.
Subparagraph (D) of paragraph (1) of subsection (i) of section 215
of the Social Security Act (42 U.S.C. 415) (relating to cost-of-living
increases in Social Security benefits) is amended to read as follows:
``(D)(i) the term `CPI increase percentage', with respect
to a base quarter or cost-of-living quarter in any calendar
year, means the percentage (rounded to the nearest one-tenth of
1 percent) by which the Consumer Price Index for that quarter
(as prepared by the Department of Labor) exceeds such index for
the most recent prior calendar quarter which was a base quarter
under subparagraph (A)(ii) or, if later, the most recent cost-
of-living computation quarter under subparagraph (B);
``(ii) if the Consumer Price Index (as prepared by the
Department of Labor) does not include the national sales tax
paid, then the term `CPI increase percentage' with respect to a
base quarter or cost-of-living quarter in any calendar year,
means the percentage (rounded to the nearest one-tenth of 1
percent) by which the product of--
``(I) the Consumer Price Index for that quarter (as
prepared by the Department of Labor); and
``(II) the national sales tax factor,
exceeds such index for the most recent prior calendar quarter
which was a base quarter under subparagraph (A)(ii) or, if
later, the most recent cost-of-living computation quarter under
subparagraph (B); and
``(iii) for purposes of clause (ii), the `national sales
tax factor' is equal to one plus the quotient that is--
``(I) the sales tax rate (as defined in section 1
of title 26), divided by
``(II) the quantity that is one minus the sales tax
rate.''
SEC. 9. COMPENSATING PAYMENTS TO CERTAIN PERSONS ON FIXED INCOME.
(a) Compensating Payment.--Eligible persons (as defined in
subsection (c)) shall receive a compensating payment (as defined in
subsection (b)) provided that they comply with subsection (g) (relating
to applications).
(b) Compensating Payment Defined.--The term ``compensating
payment'' means the product of the qualified fixed income payment
amount (as defined in subsection (e)) and the excess inflation rate (as
defined in subsection (f)).
(c) Eligible Person Defined.--An eligible person is any person with
respect to any calendar year who is entitled to--
(1) Social Security benefits; and
(2) qualified fixed income payments (as defined in
subsection (d)).
(d) Qualified Fixed Income Payment Defined.--A qualified fixed
income payment is a payment received by--
(1) a beneficiary under a defined benefit plan (within the
meaning of section 414(j) of the Internal Revenue Code as in
effect prior to the enactment of this Act) whether sponsored by
a private or Government employer; or
(2) by an annuitant pursuant to an annuity contract between
the annuitant and a bona fide insurance company.
A payment pursuant to a plan or annuity contract is not a qualified
fixed income payment if the payment varies with investment performance,
interest rates, or inflation. Payments pursuant to an annuity contract
entered into after June 30, 1999, shall not be qualified fixed income
payments. Payments pursuant to a defined benefit plan to a beneficiary
that had been a participant in said defined benefit plan (within the
meaning of section 410 of the Internal Revenue Code as in effect prior
to the enactment of this Act) for less than 5 years shall not be
qualified fixed income payments.
(e) Qualified Fixed Income Payment Amount.--The qualified fixed
income payment amount is \1/12\ of qualified fixed income payments that
an eligible person is entitled to receive during the calendar year
subsequent to the year for which the compensating payment is
calculated, provided, however, that the qualified fixed income payment
amount shall not exceed $5,000.
(f) Excess Inflation Rate Defined.--The term ``excess inflation
rate'' shall mean the excess, if any, of the consumer price index (all
urban) during the 18-month period ending December 31, 2000, over the
increase projected for the consumer price index (all urban) in the
Office of Management and Budget baseline reported in the Budget of the
United States for Fiscal Year 1999 for said 18-month period. The
baseline assumption for the 6 months in 1999 shall be \1/2\ of the
assumed increase for the entire calendar year 1999.
(g) Application Required.--In order to receive compensating
payments, each eligible person must apply in a form prescribed by the
Secretary of Health and Human Services and provide such documentation
as the Secretary may reasonably require.
(h) Means of Payment.--Each person entitled to a compensating
payment shall receive the compensating payment with their Social
Security benefit payment. The compensating payment shall be separately
indicated but may be included in one check. The funds to make
compensating payments shall come from the general fund.
(i) The Secretary of Health and Human Services may require insurers
that are parties to annuity contracts and defined benefit plan sponsors
to issue a statement to annuitants or plan participants including such
information as the Secretary may require to determine the qualified
fixed income payment amount.
SEC. 10. INTEREST.
Section 6621 of the Internal Revenue Code of 1986 is amended by
striking the last sentence in section 6621(a)(1) and by striking ``3''
in section 6621(a)(2)(B) and substituting in its stead ``2''.
SEC. 11. SUPERMAJORITY REQUIRED TO RAISE RATE.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment thereto, or conference report thereon that includes any
provision that--
(1) increases any federal sales tax rate, and
(2) provides any exemption, deduction, credit or other
benefit which results in a reduction in federal revenues.
(b) Waiver or Suspension.--This section may be waived or suspended
in the House of Representatives or the Senate only by the affirmative
vote of two-thirds of the Members, duly chosen and sworn. | National Retail Sales Tax Act of 1997 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code.
(Sec. 4) Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the U.S. for use or consumption outside of the U.S., provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Defines "purchased for a business purpose in an active trade or business" as property or services: (1) purchased for resale; (2) purchased to produce property or services; or (3) purchased in furtherance of other bona fide business purposes. Sets forth rules relating to the obligation of governmental units and not-for-profit organizations to collect, remit, and pay taxes. Sets forth provisions concerning credits and refunds.
Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit. Defines such credits.
Provides for installment payments of the tax on the purchase of a principal residence.
Allows an eligible family unit to receive a sales tax rebate. Requires that a family member, to be counted for the purposes of determining family unit size, must: (1) if over two years old, have a bona fide Social Security number; and (2) be a lawful U.S. resident. Conditions that no individual shall be considered part of more than one family unit.
Sets forth definitions and special rules concerning such things as: (1) foreign financial intermediation services; (2) financing leases; and (3) installment sales. Impose
s a 15
percent tax on gaming services.
Directs an administering State to administer, collect, and remit to the U.S. treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State. Defines an administering State as one which maintains a specified conforming sales tax and enters into a specified cooperative agreement with the Secretary. Provides for administrative support for States.
Sets forth provisions concerning, among other things: (1) monthly reports and payments; (2) records; (3) penalties; (4) appeals; (5) accounting; and (6) hobby activities.
Authorizes the Secretary of the Treasury to establish an Office of Revenue Allocation to arbitrate any claims or disputes among States.
(Sec. 5) Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2001. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax.
(Sec. 6) Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes beginning in 1999.
(Sec. 7) Sets forth provisions concerning: (1) the self- employment tax; (2) the indexing of social security benefits; (3) compensating payments to individuals on fixed incomes; and (4) the interest rate on tax underpayments and overpayments.
(Sec. 11) Requires a supermajority in the House of Representatives or the Senate to raise rates. | {"src": "billsum_train", "title": "National Retail Sales Tax Act of 1997"} | 4,172 | 811 | 0.367464 | 1.26502 | 0.525171 | 2.096076 | 5.165088 | 0.837618 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Custody Protection Act''.
SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS
RELATING TO ABORTION.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 117 the following:
``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN
LAWS RELATING TO ABORTION
``Sec.
``2431. Transportation of minors in circumvention of certain laws
relating to abortion.
``Sec. 2431. Transportation of minors in circumvention of certain laws
relating to abortion
``(a) Offense.--
``(1) Generally.--Except as provided in subsection (b),
whoever knowingly transports a minor across a State line, with
the intent that such minor obtain an abortion, and thereby in
fact abridges the right of a parent under a law requiring
parental involvement in a minor's abortion decision, in force
in the State where the minor resides, shall be fined under this
title or imprisoned not more than one year, or both.
``(2) Definition.--For the purposes of this subsection, an
abridgement of the right of a parent occurs if an abortion is
performed on the minor, in a State other than the State where
the minor resides, without the parental consent or
notification, or the judicial authorization, that would have
been required by that law had the abortion been performed in
the State where the minor resides.
``(b) Exceptions.--
``(1) The prohibition of subsection (a) does not apply if
the abortion was necessary to save the life of the minor
because her life was endangered by a physical disorder,
physical injury, or physical illness, including a life
endangering physical condition caused by or arising from the
pregnancy itself.
``(2) A minor transported in violation of this section, and
any parent of that minor, may not be prosecuted or sued for a
violation of this section, a conspiracy to violate this
section, or an offense under section 2 or 3 based on a
violation of this section.
``(c) Affirmative Defense.--It is an affirmative defense to a
prosecution for an offense, or to a civil action, based on a violation
of this section that the defendant reasonably believed, based on
information the defendant obtained directly from a parent of the minor
or other compelling facts, that before the minor obtained the abortion,
the parental consent or notification, or judicial authorization took
place that would have been required by the law requiring parental
involvement in a minor's abortion decision, had the abortion been
performed in the State where the minor resides.
``(d) Civil Action.--Any parent who suffers harm from a violation
of subsection (a) may obtain appropriate relief in a civil action,
unless the parent has committed an act of incest with the minor subject
to subsection (a).
``(e) Definitions.--For the purposes of this section--
``(1) a `law requiring parental involvement in a minor's
abortion decision' means a law--
``(A) requiring, before an abortion is performed on
a minor, either--
``(i) the notification to, or consent of, a
parent of that minor; or
``(ii) proceedings in a State court; and
``(B) that does not provide as an alternative to
the requirements described in subparagraph (A)
notification to or consent of any person or entity who
is not described in that subparagraph;
``(2) the term `parent' means--
``(A) a parent or guardian;
``(B) a legal custodian; or
``(C) a person standing in loco parentis who has
care and control of the minor, and with whom the minor
regularly resides, who is designated by the law
requiring parental involvement in the minor's abortion
decision as a person to whom notification, or from whom
consent, is required;
``(3) the term `minor' means an individual who is not older
than the maximum age requiring parental notification or
consent, or proceedings in a State court, under the law
requiring parental involvement in a minor's abortion decision;
and
``(4) the term `State' includes the District of Columbia
and any commonwealth, possession, or other territory of the
United States.
``Sec. 2432. Transportation of minors in circumvention of certain laws
relating to abortion
``Notwithstanding section 2431(b)(2), whoever has committed an act
of incest with a minor and knowingly transports the minor across a
State line with the intent that such minor obtain an abortion, shall be
fined under this title or imprisoned not more than one year, or
both.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 117 the following new item:
``117A. Transportation of minors in circumvention of 2431''.
certain laws relating to abortion.
Passed the Senate July 25, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 403
_______________________________________________________________________
AN ACT
To amend title 18, United States Code, to prohibit taking minors across
State lines in circumvention of laws requiring the involvement of
parents in abortion decisions. | Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor.
Protects from prosecution or civil liability the minor or the minors parents for violations of this Act.
Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion.
Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action unless such parent committed an act of incest with the minor.
Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child.
Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis.
Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion. Allows an exception if: (1) the physician complies with parental notification requirements in the physicians state; (2) the physician is given documentation that a court in the minors state of residence has waived parental notification or otherwise authorized the minors abortion; (3) the minor provides a written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent and the physician notifies appropriate state officials of such abuse; (4) the abortion is necessary to save the life of the minor (written notice must be given to the minor's parent within 24 hours after the lifesaving abortion is performed): or (5) a person accompanying the minor provides documentation to the physician that such person is the parent of the minor. | {"src": "billsum_train", "title": "A bill to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions."} | 1,270 | 560 | 0.604333 | 1.965234 | 0.74401 | 1.964876 | 2.448347 | 0.745868 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thirteenth Amendment Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The economic contributions of enslaved African-
Americans to the American economy between 1691 and 1860 were
immeasurable. This labor force was used to build the
foundations upon which America stands today.
(2) From the 16th through the 19th centuries, most colonial
economies in the Americas were dependent on human-trafficking
and the use of enslaved African labor for their survival. This
included the North American mercantile and shipping sectors
that were dependent on slave-produced cotton, rice, sugar and
indigo, and the profits derived from triangular trade with the
West Indies, Africa, and Europe.
(3) Enslaved Africans in the United States were also
recognized as an important element in the political and
economic capital in the Nation's political economy.
(4) Over the course of 246 years, slaves contributed an
estimated 605 billion hours of forced free labor, the gain from
which provided ``seed capital'' for the American economy,
helped finance the birth of American finance and industrial
sectors, contributed to the growth of most of the ``Fortune
500'' companies, and ultimately assisted the Nation in
financing both world wars.
(5) During the Civil War, after Union forces repelled a
Confederate invasion at the battle of Antietam in 1862,
President Abraham Lincoln issued the Emancipation Proclamation,
which declared that all slaves in States then in rebellion
would be ``forever free'' as of January 1, 1863. By his action,
Lincoln added a new and revolutionary dimension to the Nation's
war aims: from being a conflict to preserve the Union, the
Civil War grew to be a crusade to end Black slavery and fulfill
the promise of the Declaration of Independence.
(6) In the spring of 1864, Charles Sumner introduced an
anti-slavery amendment in the Senate, much like the amendments
that were introduced in the House by Representatives James
Ashley and James Wilson in December of 1863, which declared all
persons as equal, prohibited the slavery, and granted Congress
the power to enforce these provisions. After extensive debate,
the 13th Amendment was formed from this proposal, with the
omission of the declaration of equality of all persons, and
passed the Senate on April 8, 1864, by a vote of 38-6.
(7) Debates between abolitionists and supporters of slavery
focused on the moral issue of slavery and various
interpretations of ``natural law''. Representative John
Farnsworth of Illinois stated that ``the old fathers who made
the constitution believed that slavery was at war with the
rights of human nature'', and pointed out the contradiction
between the existence of inalienable rights and the institution
of slavery. Some members within the Republican Party, such as
Charles Sumner, sought an interpretation of the Constitution
that rejected slavery as incompatible with moral law.
(8) President Lincoln took an active role in promoting the
13th Amendment in Congress. He ensured that the Republican
Party's 1864 election platform included a provision supporting
a constitutional amendment to ``terminate and forever prohibit
the existence of Slavery''. His efforts were met with success
when the House passed the bill on January 31, 1865, with a vote
of 119-56.
(9) On February 1, 1865, Illinois became the first State to
ratify the proposed 13th Amendment; it was joined by 17 other
States by the end of the month. Georgia ratified on December 6,
1865, becoming the 27th of 36 States to approve the Amendment,
thus achieving the constitutional requirement that it be
ratified by three-fourths of the States. Secretary of State
William Seward declared the 13th Amendment to be part of the
Constitution on December 18.
(10) The Smithsonian National Museum of African American
History and Culture (hereafter referred to in this section as
the ``NMAAHC'') was established by an Act of Congress in 2003,
in Public Law 108-184.
(11) It is fitting that the NMAAHC receive the surcharges
from the sale of coins issued under this Act because the Museum
is devoted to the documentation of African-American life, and,
among other areas, encompasses the period of slavery and the
era of Reconstruction.
(12) The surcharge proceeds from the sale of a
commemorative coin, which would have no net cost to the
taxpayers, would raise valuable funding to supplement the
endowment and educational outreach funds of the NMAAHC.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins in commemoration of the Sesquicentennial Anniversary of
the passage of the 13th Amendment:
(1) $50 bi-metallic platinum and gold coins.--Not more than
250,000 $50 coins, which shall--
(A) have a weight, diameter, and thickness
determined by the Secretary; and
(B) contain platinum and .9167 pure gold.
(2) $20 gold coins.--Not more than 250,000 $20 coins, which
shall--
(A) weigh 33.931 grams;
(B) have a diameter of 32.7 millimeters; and
(C) contain .900 pure gold.
(3) $1 silver coins.--Not more than 500,000 $1 coins, which
shall--
(A) weigh 31.103 grams;
(B) have a diameter of 40.6 millimeters; and
(C) contain .999 fine silver.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For the purposes of sections 5134 and 5136
of title 31, United States Code, all coins minted under this Act shall
be considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design of the coins minted under this Act
shall be emblematic of the Thirteenth Amendment and the abolishment of
slavery in America.
(b) Designation and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the value of the coin;
(2) an inscription of the year ``1865-2015''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection.--The design for the coins minted under this Act--
(1) shall be based on the economic contributions of
slavery, and include images of the pathway from slavery to
freedom;
(2) may include, on the $20 coins, that the design elements
be in high relief;
(3) may include, on the $50 coins--
(A) on the obverse, an illustration of Columbia or
similar figure representing Liberty, the female
representation of America; and
(B) on the reverse, a single eagle, and a set of
stars on one or both sides;
(4) shall be selected by the Secretary after consultation
with the Commission of Fine Arts; and
(5) shall be reviewed by the Citizens Coinage Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Period of Issuance.--
(1) In general.--The Secretary may issue coins minted under
this Act only during the 1-year period beginning on January 1
of the issuance year, except that the Secretary may initiate
sales of such coins, without issuance, before such date.
(2) Issuance year defined.--For purposes of this
subsection, the term ``issuance year'' means the first calendar
year, after the date of the enactment of this Act, with respect
to which the Secretary determines, as of January 1 of such
year, that there are less than 2 commemorative coin programs
authorized to be issued during such year.
(c) Sesquicentennial Dates To Be the Only Dates.--Notwithstanding
section 5112(d)(1) of title 31, United States Code, coins minted under
this Act shall not have an inscription of the year of minting or
issuance.
SEC. 6. SALE OF COINS.
(a) Sales Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge required under section 7(a) with respect
to such coins; and
(3) the cost of designing and issuing such coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders at a Discount.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sales prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) Surcharge Required.--All sales of coins under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Smithsonian National Museum of African American History and Culture
to carry out the purposes of the museum, which goes beyond simply
telling the history of African-Americans, creating an opportunity for
anyone who cares about African-American Culture a place to explore,
learn, and revel in the rich history of African-American Culture.
(c) Audits.--The Smithsonian National Museum of African American
History and Culture shall be subject to the audit requirements of
section 5134(f)(2) of title 31, United States Code, with regard to the
amounts received under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary of the Treasury may issue guidance to
carry out this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act is recovered by the United States Treasury,
consistent with sections 5112(m) and 5134(f) of title 31,
United States Code.
SEC. 9. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage. | Thirteenth Amendment Commemorative Coin Act Directs the Department of the Treasury to mint and issue the following coins in commemoration of the sesquicentennial anniversary of the passage of the Thirteenth Amendment to the Constitution: up to 250,000 $50 bi-metallic platinum and gold coins, up to 250,000 $20 gold coins, and up to 500,000 $1 silver coins. Requires such coins to be considered legal tender and numismatic items. Permits Treasury to issue such coins only during the one-year period beginning January 1 of the issuance year, except that sales may be initiated, without issuance, before such date. Requires specified surcharges that Treasury receives from the sale of such coins to be paid to the Smithsonian National Museum of African American History and Culture. Directs Treasury to ensure that: (1) the minting and issuing of such coins will not result in any net cost to the U.S. government; and (2) no funds, including applicable surcharges, are disbursed to the Museum until the total cost of designing and issuing all such coins is recovered by the Treasury. | {"src": "billsum_train", "title": "Thirteenth Amendment Commemorative Coin Act"} | 2,627 | 241 | 0.305273 | 0.98086 | 0.56565 | 4.024631 | 11.743842 | 0.921182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early STEM Achievement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Numerous studies have highlighted the long-term
academic benefits of high-quality early childhood education and
care. The Learning Policy Institute, for example, reported in
2015 that North Carolina students who participated in early
childhood programs received higher scores on third-grade
standardized math assessments than their peers who did not
participate. Similarly, Michigan children who attended early
learning programs had better kindergarten readiness and better
reading and math proficiency relative to their peers who did
not have access to such programs.
(2) Studies have also shown lower high-school dropout rates
among children who participate in early childhood education
programs relative to their peers who did not, showing that the
positive results of quality early education programs continue
for many years.
(3) Beyond academic benefits, researchers have shown
positive economic impacts of early childhood programs. In 2015,
a National Bureau of Economic Research study reported that each
dollar invested in early childhood returns approximately seven
dollars, in terms of workforce development. The Federal Reserve
has also called for increased access to early childhood
education, pointing to the potential for future economic
development.
(4) There has been a growing need for STEM workers that is
projected to continue. The Bureau of Labor Statistics estimated
in 2012 that STEM occupations will grow at a faster rate than
other professions, noting also that the median annual salary
for STEM workers is higher than for other professions.
(5) Beginning STEM education as early as possible is key to
future success in these fields, both in school and potentially
in the workforce. To that end, businesses in the STEM fields
like National Grid have sought through corporate citizenship
programs to connect with and inspire young learners.
(6) Studies have shown that simple, age-appropriate
activities, like building a tower of blocks or spinning a
mobile in a crib, can help encourage STEM learning. As a White
House blog post on the importance of early STEM noted,
``Research indicates that as early as infancy, young children
start developing and testing hypotheses for how the world
around them works.''.
(7) A 2014 study from the University of California-Berkeley
Center for the Study of Child Care Employment found that many
early childhood practitioners feel poorly equipped to teach
early STEM skills, making professional development and training
opportunities critical.
SEC. 3. GRANT PROGRAM.
(a) Program Authorized.--From the amounts appropriated to carry out
this Act, the Secretary of Education shall award grants, on a
competitive basis, to eligible entities to assist early childhood
education programs in carrying out early childhood STEM programs/
activities.
(b) Priority.--In awarding grants under this Act, the Secretary
shall give priority to eligible entities described in subsection
(e)(2)(D).
(c) Application.--An eligible entity desiring to receive a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the Secretary
may request.
(d) Uses of Funds.--An eligible entity that receives a grant under
this section shall use the grant to carry out not less than one of the
following:
(1) Professional development relating to early childhood
STEM activities for teachers of early childhood programs.
(2) Materials and equipment necessary to carry out such
early childhood STEM activities.
(3) Establishing partnerships between the eligible entity
and an institution of higher education to provide training in
early childhood STEM activities for teachers of early childhood
programs.
(4) The provision of professional development programs for
teachers of early childhood program by institutions of higher
education.
(e) Definitions.--In this Act:
(1) Early childhood program.--A program providing education
and childcare to children from birth through 5 years of age.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a local educational agency providing an early
childhood program;
(B) an educational service agency serving more than
one such local educational agency;
(C) a nonprofit organization that provides early
childhood education and care; or
(D) an institution of higher education in
partnership with an early childhood program to create
training in early childhood STEM activities for
teachers of such early childhood programs.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(4) ESEA terms.--The terms ``educational service agency'',
``local educational agency'', and ``Secretary'' have the
meanings given the terms in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) STEM.--The term ``STEM'' means science (including
computer science), technology, engineering, and mathematics. | Early STEM Achievement Act This bill requires the Department of Education to award competitive grants to eligible entities for the purpose of assisting early childhood education programs in carrying out science, technology, engineering, and mathematics (STEM) programs and activities. A grant recipient must use the grant for necessary materials and equipment or for specified activities related to professional development in early childhood STEM activities. | {"src": "billsum_train", "title": "Early STEM Achievement Act"} | 1,034 | 74 | 0.45079 | 1.141831 | 0.949197 | 2.56338 | 14.43662 | 0.873239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IDEA Full-Funding Act of 2003''.
SEC. 2. AMENDMENTS TO IDEA.
(a) Funding.--Section 611(j) of the Individuals with Disabilities
Education Act (20 U.S.C. 1411(j)) is amended to read as follows:
``(j) Funding.--For the purpose of carrying out this part, other
than section 619, there are authorized to be appropriated--
``(1) $10,874,000,000 for fiscal year 2004, and, there are
hereby appropriated $2,000,000,000 for fiscal year 2004, which
shall become available for obligation on July 1, 2004 and shall
remain available through September 30, 2005;
``(2) $12,874,000,000 for fiscal year 2005, and, there are
hereby appropriated $4,000,000,000 for fiscal year 2005, which
shall become available for obligation on July 1, 2005 and shall
remain available through September 30, 2006;
``(3) $14,874,000,000 for fiscal year 2006, and, there are
hereby appropriated $6,000,000,000 for fiscal year 2006, which
shall become available for obligation on July 1, 2006 and shall
remain available through September 30, 2007;
``(4) $16,874,000,000 for fiscal year 2007, and, there are
hereby appropriated $8,000,000,000 for fiscal year 2007, which
shall become available for obligation on July 1, 2007 and shall
remain available through September 30, 2008;
``(5) $18,874,000,000 for fiscal year 2008, and, there are
hereby appropriated $10,000,000,000 for fiscal year 2008, which
shall become available for obligation on July 1, 2008 and shall
remain available through September 30, 2009;
``(6) $20,874,000,000 for fiscal year 2009, and, there are
hereby appropriated $12,000,000,000 for fiscal year 2009, which
shall become available for obligation on July 1, 2009 and shall
remain available through September 30, 2010;
``(7) $22,874,000,000 for fiscal year 2010, and, there are
hereby appropriated $14,000,000,000 for fiscal year 2010, which
shall become available for obligation on July 1, 2010 and shall
remain available through September 30, 2011;
``(8) $24,635,000,000 or the sum of the maximum amounts
that all States may receive under subsection (a)(2), whichever
is lower, for fiscal year 2011, and, there are hereby
appropriated $15,761,000,000 for fiscal year 2011, which shall
become available for obligation on July 1, 2011 and shall
remain available through September 30, 2012, except that if the
sum of the maximum amounts that all States may receive under
subsection (a)(2) is less than $24,635,000,000, then the amount
appropriated in this paragraph shall be reduced by the
difference between $24,635,000,000 and the sum of the maximum
amounts that all States may receive under subsection (a)(2);
``(9) $25,329,000,000 or the sum of the maximum amounts
that all States may receive under subsection (a)(2), whichever
is lower, for fiscal year 2012, and, there are hereby
appropriated $16,455,000,000 for fiscal year 2012, which shall
become available for obligation on July 1, 2012 and shall
remain available through September 30, 2013, except that if the
sum of the maximum amounts that all States may receive under
subsection (a)(2) is less than $25,329,000,000, then the amount
appropriated in this paragraph shall be reduced by the
difference between $25,329,000,000 and the sum of the maximum
amounts that all States may receive under subsection (a)(2);
``(10) $26,005,000,000 or the sum of the maximum amounts
that all States may receive under subsection (a)(2), whichever
is lower, for fiscal year 2013, and, there are hereby
appropriated $17,131,000,000 for fiscal year 2013, which shall
become available for obligation on July 1, 2013 and shall
remain available through September 30, 2014, except that if the
sum of the maximum amounts that all States may receive under
subsection (a)(2) is less than $26,005,000,000, then the amount
appropriated in this paragraph shall be reduced by the
difference between $26,005,000,000 and the sum of the maximum
amounts that all States may receive under subsection (a)(2);
and
``(11) such sums as may be necessary for fiscal year 2014
and each succeeding fiscal year.''.
(b) Exception to the Local Maintenance of Effort Requirements.--
Section 613(a)(2)(B) of the Individuals with Disabilities Education Act
(20 U.S.C. 1413(a)(2)(B)) is amended to read as follows:
``(B) Exception.--Notwithstanding the restriction
in subparagraph (A)(iii), a local educational agency
may reduce the level of expenditures, for 1 fiscal year
at a time, if--
``(i) the State educational agency
determines, and the Secretary agrees, that the
local educational agency is in compliance with
the requirements of this part during that
fiscal year (or, if appropriate, the preceding
fiscal year); and
``(ii) such reduction is--
``(I) attributable to the voluntary
departure, by retirement or otherwise,
or departure for just cause, of special
education personnel;
``(II) attributable to a decrease
in the enrollment of children with
disabilities;
``(III) attributable to the
termination of the obligation of the
agency, consistent with this part, to
provide a program of special education
to a particular child with a disability
that is an exceptionally costly
program, as determined by the State
educational agency, because the child--
``(aa) has left the
jurisdiction of the agency;
``(bb) has reached the age
at which the obligation of the
agency to provide a free
appropriate public education to
the child has terminated; or
``(cc) no longer needs such
program of special education;
``(IV) attributable to the
termination of costly expenditures for
long-term purchases, such as the
acquisition of equipment or the
construction of school facilities; or
``(V) equivalent to the amount of
Federal funding the local educational
agency receives under this part for a
fiscal year that exceeds the amount the
agency received under this part for the
preceding fiscal year, but only if
these reduced funds are used for any
activity that may be funded under the
Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).''.
(c) Repeal.--Section 613(a)(2) of the Individuals with Disabilities
Education Act (20 U.S.C. 1413(a)(2)) is further amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (D) as subparagraph (C);
and
(3) in subparagraph (A)(iii), by striking ``paragraphs (B)
and (C)'' and inserting ``paragraph (B)''. | IDEA Full-Funding Act of 2003 - Amends the Individuals with Disabilities Education Act (IDEA) to revise and reauthorize part B programs of education of all children with disabilities.Authorizes appropriations in specified amounts for part B for FY 2004 through 2013, and in necessary amounts for FY 2014 and thereafter. (Provides phased-in increases of funding designed to reach a promised 40 percent Federal share of funding by FY 2011.)Makes appropriations in specified amounts for part B for FY 2004 through 2013.Provides an exception to local educational agency (LEA) maintenance of effort requirements under part B.Repeals certain provisions relating to LEA treatment of Federal funds as local funds under part B. | {"src": "billsum_train", "title": "A bill to amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part, to provide an exception to the local maintenance of effort requirements, and for other purposes."} | 1,498 | 162 | 0.430735 | 1.115102 | 0.679122 | 1.5 | 11.5 | 0.729508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pilot Small Business Technology
Transfer Program Extension Act of 1996''.
SEC. 2. PROGRAM EXTENSION.
Section 9(n) of the Small Business Act (15 U.S.C. 638(n)) is
amended--
(1) in paragraph (1)--
(A) by striking ``in fiscal year 1994, 1995, or
1996,'';
(B) by striking ``and'' at the end of subparagraph
(B);
(C) by striking the comma at the end of
subparagraph (C) and inserting ``; and''; and
(D) by inserting after subparagraph (C) the
following new subparagraph:
``(D) not less than 0.25 percent of such budget in
fiscal year 1997 and each succeeding fiscal year,'';
and
(2) by adding at the end the following new paragraph:
``(4) Program expiration.--Authorization to carry out the
STTR program pursuant to this subsection (and subsections (o)
and (p) of this section) shall expire on September 30, 2000.''.
SEC. 3. ASSESSMENT BY THE COMPTROLLER GENERAL.
(a) Assessment Required.--The Comptroller General of the United
States shall conduct an assessment of the ongoing implementation of the
Small Business Innovation Research (SBIR) program and the pilot Small
Business Technology Transfer (STTR) program. The assessment shall
address the following issues with respect to each program:
(1) The extent of competition and the quality of proposals
submitted for the award of SBIR and STTR agreements, and the
quality of subsequent performance by the recipients of such
awards.
(2) Whether any adverse effects on the research or research
and development programs of any sponsoring agency are
attributable to the agency's participation in the SBIR program
or the pilot STTR program.
(3) Whether any awards by a sponsoring agency in each
fiscal year represent the applicable percentages of such
agency's extramural budget, identifying any systemic management
weaknesses contributing to such limitation on implementation.
(4) Any management techniques initiated by sponsoring
agencies that attempt to minimize delays between the successful
completion of a Phase I agreement and the award (and
commencement of performance) under a Phase II agreement or
ameliorate the adverse effects of such delays.
(5) The implementation of Phase III by participating
agencies, including awards in support of Phase III and other
techniques adopted by the agencies to foster commercialization.
(6) The extent to which small business participants in each
program, especially recipients of STTR awards, utilize the
results of research undertaken for Federal agencies by
universities, federally funded research and development
centers, and other research institutions, and the extent to
which the results were subsequently developed by such small
firms to meet the needs of Federal, State, and local government
or advanced to use in the commercial marketplace.
(7) Whether the required and structured collaboration
between a small business and a research institution under the
pilot STTR program is necessary in light of the experiences
with voluntary collaborations under the SBIR program.
(8) Any duplication between the SBIR program and the pilot
STTR program.
(9) The extent to which each agency participating in the
SBIR program has complied with the policy directives to enhance
outreach efforts to increase the participation of socially and
economically disadvantaged small business concerns and women-
owned small business concerns issued under section (9)(j)(2)(F)
of the Small Business Act (15 U.S.C. 638(j)(2)(F)) and the
extent to which each agency participating in the STTR program
has made outreach efforts to increase the participation of such
concerns in the agency's STTR program.
(10) Any other relevant information as determined by the
Comptroller General.
(b) Period of Assessment.--The assessment required by subsection
(a) shall focus on the implementation of each program during the period
beginning October 1, 1995, and ending September 30, 1999.
(c) Report.--
(1) Submission of report.--The Comptroller General shall
submit a report of the assessment required by subsection (a) to
the Committees on Small Business of the Senate and House of
Representatives not later than February 1, 2000.
(2) Appendices to report.--The report shall include--
(A) an appendix summarizing the findings of
previous reports issued by the Comptroller General with
respect to the SBIR program and the pilot STTR program; and
(B) an appendix listing reports of other
assessments of the SBIR program or the pilot STTR
program issued by the Small Business Administration,
any of the sponsoring agencies, and any other entities
determined by the Comptroller General to be useful
resources to the Congress in evaluating each program
for reauthorization.
SEC. 4. INTERAGENCY TASK FORCE ON COMMERCIALIZATION.
(a) In General.--The Administrator of the Small Business
Administration shall convene and supervise an interagency task force on
fostering commercialization of the results of projects being undertaken
by small business concerns through the SBIR program and the pilot STTR
program.
(b) Duties.--The interagency task force shall--
(1) review existing studies and analyses and conduct
independent assessments, as may be appropriate, regarding the
obstacles faced by small business entrepreneurs seeking to
commercialize results of basic research or research and
development undertaken through Federal funding;
(2) devise recommendations to overcome (or minimize the
effects of) such obstacles; and
(3) address other matters that the Administrator determines
are appropriate to ensure a comprehensive analysis and the
development of practical recommendations.
(c) Participation.--
(1) Task force membership.--The interagency task shall
include participation by representatives of--
(A) the Office of the Chief Counsel for Advocacy of
the Small Business Administration;
(B) the 5 Executive agencies having the greatest
dollar value of awards under the SBIR program in fiscal
year 1995;
(C) the Executive agencies participating in the
pilot STTR program in fiscal year 1995;
(D) the Office of Science and Technology Policy,
Executive Office of the President; and
(E) any other Executive agencies invited by the
Administrator.
(2) Public participation.--In undertaking its assessments
and fashioning its recommendations, the interagency task force
shall provide opportunities for consultation with
representatives of--
(A) small businesses and other entities that have
participated in the SBIR program or the pilot STTR
program;
(B) organizations representing small business
concerns;
(C) organizations representing venture capital
sources, especially those focusing on the needs of
small high-technology entrepreneurs; and
(D) any other public or private entities that the
Administrator determines are appropriate.
(d) Schedule.--
(1) Notice and initial call for public participation.--Not
earlier than May 1, 1997, the Administrator shall publish in
the Federal Register (and through other means likely to result
in broad dissemination) a notice, which at a minimum, announces
the existence of the interagency task force, identifies the
members of task force, summarizes purposes and objectives of
the task force, requests suggestions and recommendations from
the public regarding the work of the task force, providing at
least 180 days to make a submission in response to such notice,
and announces any schedule of meetings of the task force or
other public meetings.
(2) Ongoing public participation.--In conducting its
assessments and fashioning its recommendations the task force
shall make every reasonable effort to solicit ideas from the
public.
(e) Report.--Not later than March 1, 1999, the Administrator shall
submit to the Committees on Small Business of the Senate and House of
Representatives a report of the work of the interagency task force,
including such recommendations for legislative or administrative
action.
SEC. 5. TECHNICAL CORRECTION.
Section 9(e)(4)(A) of the Small Business Act (15 U.S.C.
638(e)(4)(A)) is amended by striking ``(B)(ii)'' and inserting ``(B)''. | Pilot Small Business Technology Transfer Program Extension Act of 1996 - Amends the Small Business Act to: (1) extend through FY 2000 the Small Business Technology Transfer (SBTT) Program under which specified portions of each Federal agency's research and development (R&D) budget are reserved for small business cooperative R&D; and (2) increase for FY 1997 and thereafter the portion reserved for small businesses under such program.
Directs the Comptroller General to conduct an assessment of the ongoing implementation of the Small Business Innovation Research (SBIR) Program and the pilot SBTT Program. Outlines issues to be addressed in such assessment, requiring a focus on programs implemented during the period beginning October 1, 1995, and ending September 30, 1999. Requires a report from the Comptroller General to the small business committees.
Requires the Administrator of the Small Business Administration to convene and supervise an interagency task force on fostering commercialization of the results of projects being undertaken by small businesses through the SBIR and SBTT programs. Outlines task force duties and membership requirements. Requires: (1) public participation in task force activities; and (2) a notice and initial call for such participation by the Administrator. Directs the Administrator to report to the small business committees on the work of the task force, including recommendations for legislative or administrative action. | {"src": "billsum_train", "title": "Pilot Small Business Technology Transfer Program Extension Act of 1996"} | 1,726 | 284 | 0.609015 | 1.819354 | 0.913817 | 3.727626 | 6.264591 | 0.856031 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Buy-Down Act''.
SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end the following new part:
``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--Every individual with adjusted income tax
liability for any taxable year may designate that a portion of such
liability (not to exceed 10 percent thereof) shall be used to reduce
the public debt.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of tax imposed by chapter 1 for the taxable
year. The designation shall be made on the first page of the return or
on the page bearing the taxpayer's signature.
``(c) Adjusted Income Tax Liability.--For purposes of this section,
the term `adjusted income tax liability' means income tax liability (as
defined in section 6096(b)) reduced by any amount designated under
section 6096 (relating to designation of income tax payments to
Presidential Election Campaign Fund).''
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end the following new item:
``Part IX. Designation for reduction of
public debt.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. PUBLIC DEBT REDUCTION TRUST FUND.
(a) In General.--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 section:
``SEC. 9511. PUBLIC DEBT REDUCTION 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 `Public Debt
Reduction Trust Fund', consisting of any amount appropriated or
credited to the Trust Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Public Debt Reduction Trust Fund amounts equivalent to the amounts
designated under section 6097 (relating to designation for public debt
reduction).
``(c) Expenditures.--Amounts in the Public Debt Reduction Trust
Fund shall be used by the Secretary of the Treasury for purposes of
paying at maturity, or to redeem or buy before maturity, any obligation
of the Federal Government included in the public debt (other than an
obligation held by the Federal Old-Age and Survivors Insurance Trust
Fund, the Civil Service Retirement and Disability Fund, or the
Department of Defense Military Retirement Fund). Any obligation which
is paid, redeemed, or bought with amounts from the Public Debt
Reduction Trust Fund shall be canceled and retired and may not be
reissued.''
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9511. Public Debt Reduction Trust
Fund.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the enactment of this Act.
SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE
THE PUBLIC DEBT.
(a) Sequestration To Reduce the Public Debt.--Part C of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
inserting after section 253 the following new section:
``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT.
``(a) Sequestration.--Notwithstanding sections 255 and 256, within
15 days after Congress adjourns to end a session, and on the same day
as sequestration (if any) under sections 251, 252, and 253, but after
any sequestration required by those sections, there shall be a
sequestration equivalent to the estimated aggregate amount designated
under section 6097 of the Internal Revenue Code of 1986 for the last
taxable year ending one year before the beginning of that session of
Congress, as estimated by the Department of the Treasury on October 1
and as modified by the total of (1) any amounts by which net
discretionary spending is reduced by legislation below the
discretionary spending limits enacted after the enactment of this
section related to the fiscal year subject to the sequestration (or, in
the absence of such limits, any net deficit change from the baseline
amount calculated under section 257 (except that such baseline for
fiscal year 1999 and thereafter shall be based upon fiscal year 1998
enacted appropriations less any 1998 sequesters); and (2) the net
deficit change that has resulted from all direct spending legislation
enacted after the enactment of this section related to the fiscal year
subject to the sequestration, as estimated by OMB. If the reduction in
spending under clauses (1) and (2) for a fiscal year is greater than
the estimated aggregate amount designated under section 6097 of the
Internal Revenue Code of 1986 respecting that fiscal year, then there
shall be no sequestration under this section.
``(b) Applicability.--
``(1) In general.--Except as provided by paragraph (2),
each account of the United States shall be reduced by a dollar
amount calculated by multiplying the level of budgetary
resources in that account at that time by the uniform
percentage necessary to carry out subsection (a). All
obligational authority reduced under this section shall be done
in a manner that makes such reductions permanent.
``(2) Exempt accounts.--No order issued under this part
may--
``(A) reduce benefits payable to the old-age and
survivors insurance program established under title II
of the Social Security Act;
``(B) reduce retired or retainer pay payable to a
member or former member of the uniformed services;
``(C) reduce benefits payable under a retirement
system for employees of the Government;
``(D) reduce payments for net interest (all of
major functional category 900); or
``(E) make any reduction in the following accounts:
``Federal Deposit Insurance Corporation,
Bank Insurance Fund;
``Federal Deposit Insurance Corporation,
FSLIC Resolution Fund;
``Federal Deposit Insurance Corporation,
Savings Association Insurance Fund;
``National Credit Union Administration,
credit union share insurance fund; or
``Resolution Trust Corporation.''.
(b) Reports.--Section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(1) in subsection (a), by adding at the end of the table
the following new item:
``October 1....................
Department of Treasury report
to Congress estimating
amount of income tax
designated pursuant to
section 6097 of the
Internal Revenue Code
of 1986.'';
(2) in subsection (c)(1), by inserting ``, and
sequestration to reduce the public debt,'' after
``sequestration'';
(3) in subsection (c), by redesignating paragraph (5) as
paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Reports on sequestration to reduce the public debt.--
The preview reports shall set forth for the budget year
estimates for each of the following:
``(A) The aggregate amount designated under section
6097 of the Internal Revenue Code of 1986 for the last
taxable year ending before the budget year.
``(B) The amount of reductions required under
section 253A and the deficit remaining after those
reductions have been made.
``(C) The sequestration percentage necessary to
achieve the required reduction in accounts under
section 253A(b).''; and
(4) in subsection (f), by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and by inserting
after paragraph (3) the following new paragraph:
``(4) Reports on sequestration to reduce the public debt.--
The final reports shall contain all of the information
contained in the public debt taxation designation report
required on October 1.''.
(c) Conforming Amendment.--The table of contents in section 250(a)
of the the Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by inserting after the item relating to section 253 the
following new item:
``Sec. 253A. Sequestration to reduce the
public debt.''.
(d) Effective Date.--Notwithstanding section 275(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the expiration date
set forth in that section shall not apply to the amendments made by
this section. The amendments made by this section shall cease to have
any effect after the first fiscal year during which there is no public
debt. | Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt (other than an obligation of the Federal Old-Age and Survivors Insurance Trust Fund, the Civil Service Retirement and Disability Fund, or the Department of Defense Military Retirement Fund). Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. | {"src": "billsum_train", "title": "Debt Buy-Down Act"} | 2,072 | 202 | 0.47007 | 1.234884 | 0.650236 | 5.963636 | 11.2 | 0.921212 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Musconetcong Wild and Scenic Rivers
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Secretary of the Interior, in cooperation and
consultation with appropriate Federal, State, regional, and
local agencies, is conducting a study of the eligibility and
suitability of the Musconetcong River in the State of New
Jersey for inclusion in the Wild and Scenic Rivers System.
(2) The Musconetcong Wild and Scenic River Study Task Force
has prepared, with assistance from the National Park Service, a
river management plan for the study area entitled
``Musconetcong River Management Plan'' and dated April 2002,
which establishes goals and actions that will ensure long-term
protection of the outstanding values of the river and
compatible management of land and water resources associated
with the river.
(3) Thirteen municipalities and three counties along
segments of the Musconetcong River eligible for designation
have passed resolutions supporting the Musconetcong River
Management Plan, agreeing to take action to implement the goals
of the plan, and endorsing designation of the river.
SEC. 3. DESIGNATION OF PORTIONS OF MUSCONETCONG RIVER, NEW JERSEY, AS
SCENIC AND RECREATIONAL RIVERS.
(a) 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:
``(__) Musconetcong river, new jersey.--(A) The 24.2 miles of river
segments in New Jersey, to be administered by the Secretary of the
Interior, consisting of--
``(i) the segment from Saxton Falls to the Route 46 bridge
(approximately 3.5 miles), as a scenic river; and
``(ii) the segment from the Kings Highway bridge to the
railroad tunnels at Musconetcong Gorge (approximately 20.7
miles), as a recreational river.
``(B) Notwithstanding section 10(c), the river segments referred to
in subparagraph (A) shall not be administered as part of the National
Park System.''.
(b) Management of Segments.--
(1) Compliance with management plan.--The Secretary of the
Interior shall manage the segments of the Musconetcong River,
New Jersey, designated as a scenic river or recreational river
by the amendment made by subsection (a) in accordance with the
river management plan entitled ``Musconetcong River Management
Plan'' and dated April 2002, prepared by the Musconetcong River
Management Committee, the National Park Service, the Heritage
Conservancy, and the Musconetcong Watershed Association, which
establishes goals and actions that will ensure long-term
protection of the outstanding values of the river segments and
compatible management of land and water resources associated
with the river segments.
(2) Cooperation.--The Secretary shall manage the river
segments in cooperation with appropriate Federal, State,
regional, and local agencies, including--
(A) the Musconetcong River Management Committee;
(B) the Musconetcong Watershed Association;
(C) the Heritage Conservancy;
(D) the National Park Service; and
(E) the New Jersey Department of Environmental
Protection.
(c) Satisfaction of Requirements for Plan.--The management plan
shall be considered to satisfy the requirements for a comprehensive
management plan for the river segments under subsection 3(d) of the
Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
(d) Federal Role.--
(1) Restrictions on water resource projects.--In
determining under section 7(a) of the Wild and Scenic Rivers
Act (16 U.S.C. 1278(a)) whether a proposed water resources
project would have a direct and adverse effect on the values
for which a river segment is designated as part of the Wild and
Scenic Rivers System, the Secretary shall consider the extent
to which the project is consistent with the management plan.
(2) Cooperative agreements.--Any cooperative agreements
entered into under section 10(e) of the Wild and Scenic Rivers
Act (16 U.S.C. 1281(e)) relating to a river segment--
(A) shall be consistent with the management plan;
and
(B) may include provisions for financial or other
assistance from the United States to facilitate the
long-term protection, conservation, and enhancement of
the river segment.
(3) Support for implementation.--The Secretary may provide
technical assistance, staff support, and funding to assist in
the implementation of the management plan.
(e) Land Management.--
(1) In general.--The Secretary may provide planning,
financial, and technical assistance to local municipalities and
non-profit organizations to assist in the implementation of
actions to protect the natural and historic resources of the
river segments.
(2) Plan requirements.--After adoption of recommendations
made in section IV of the management plan, the zoning
ordinances of the municipalities bordering the segments shall
be considered to satisfy the standards and requirements under
section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C.
1277(c)).
(f) Designation of Additional River Segment.--
(1) Finding.--Congress finds that the Musconetcong River
segment ``C'' as described in the management plan is suitable
for designation as a recreational river under this subsection
if there is adequate local support for the designation as
determined by the Secretary.
(2) Designation and administration.--If the Secretary
determines that there is adequate local support for designating
the additional river segment as a recreational river--
(A) the Secretary shall publish in the Federal
Register a notice of the designation of the segment;
(B) the segment shall thereby be designated as a
recreational river in accordance with the Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.); and
(C) the Secretary shall administer the additional
river segment as a recreational river.
(3) Criteria for local support.--In determining whether
there is adequate local support for the designation of the
additional river segment, the Secretary shall consider, among
other things, the preferences of local governments expressed in
resolutions concerning designation of the segment.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such funds as are necessary to carry out this section,
including the amendment to the Wild and Scenic River Act made by this
section.
(h) Definitions.--In this section:
(1) Additional river segment.--The term ``additional river
segment'' means Musconetcong River segment ``C'', as described
in the management plan, from Hughesville Mill to the Delaware
River Confluence (approximately 4.3 miles).
(2) Management plan.--The term ``management plan'' means
the river management plan entitled ``Musconetcong River
Management Plan'' and dated April 2002.
(3) River segments.--The term ``river segments'' means the
segments of the Musconetcong River, New Jersey, designated as a
scenic river or recreational river by the amendment made by
subsection (a) in accordance with the management plan.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior. | Musconetcong Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act to designate specified segments of the Musconetcong River, New Jersey, as scenic and recreational rivers.
Directs the Secretary of the Interior to manage those segments: (1) in accordance with the Musconetcong River Management Plan (dated April 2002), which establishes goals and actions to ensure long-term protection of the outstanding values of the river segments and compatible management of land and water resources associated with such segments; and (2) in cooperation with appropriate Federal, State, regional, and local agencies.
Considers the management plan as satisfying the requirements for a comprehensive management plan for those river segments. Directs the Secretary, in determining whether a proposed water resources project would have a direct and adverse effect on the values for which a river segment is designated as part of the Wild and Scenic Rivers System, to consider the extent to which the project is consistent with the management plan.
Authorizes the Secretary to provide planning, financial, and technical assistance to local municipalities and nonprofit organizations to assist in the implementation of actions to protect the natural and historic resources of the river segments.
Provides for the designation of additional river segments if there is adequate local support. | {"src": "billsum_train", "title": "To amend the Wild and Scenic Rivers Act to designate portions of the Musconetcong River in the State of New Jersey as a component of the National Wild and Scenic Rivers System, and for other purposes."} | 1,626 | 267 | 0.718041 | 2.160996 | 0.875963 | 5.886555 | 5.915966 | 0.945378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abandoned Mine Restoration Act of
1999''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Non-federal entities.--The term ``non-Federal
entities'' includes nonprofit and private entities.
(2) Program.--The term ``program'' means the program
authorized under section 3(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. RESTORATION OF ABANDONED MINE SITES PROGRAM.
(a) In General.--Subject to the requirements of this section, the
Secretary may carry out a program to assist stewards of lands owned by
the United States and non-Federal entities to address environmental and
water quality problems caused by drainage and related activities from
abandoned, inactive, and post-production noncoal mines. The program
shall be managed by the head of the Sacramento District Office of the
Corps of Engineers.
(b) Consultation.--The Secretary shall coordinate actions taken
under the program with appropriate Federal, State, and local agencies.
Any project conducted under the program on lands owned by the United
States shall be undertaken in consultation with the head of the Federal
entity with administrative jurisdiction over the lands.
(c) Assistance.--
(1) Types of assistance.--In carrying out the program, the
Secretary may provide technical, planning, design, restoration,
remediation, and construction assistance to Federal and non-
Federal entities for the purpose of carrying out projects to
address problems described in subsection (a).
(2) Requirement for assistance.--The Secretary may only
provide assistance for a project under the program, if the
Secretary determines that the project--
(A) will improve the quality of the environment and
is in the public interest; and
(B) is cost-effective.
(d) Specific Measures.--Assistance may be provided under the
program in support of a Federal or non-Federal project for the
following purposes:
(1) Response, control, and remediation of hazardous, toxic,
and radioactive waste and improvement of the quality of the
environment associated with an abandoned, inactive, or post-
production noncoal mine, if the Secretary finds that such
activities are integral to carrying out the environmental
restoration project.
(2) Restoration and protection of streams, rivers,
wetlands, and other waterbodies and all ecosystems degraded, or
with the potential to become degraded, by drainage from an
abandoned, inactive, or post-production noncoal mine.
(3) Demonstration of treatment technologies, including
innovative and alternative technologies, to minimize or
eliminate adverse environmental effects associated with an
abandoned, inactive, or post-production noncoal mine.
(4) Demonstration of management practices to address
environmental effects associated with an abandoned, inactive,
or post-production noncoal mine.
(5) Remediation and restoration of an abandoned, inactive,
or post-production noncoal mine site for public health or
safety purposes.
(6) Expedite the closure, remediation, or restoration of an
abandoned, inactive, or post-production noncoal mine to
minimize adverse impacts to the environment.
(e) Cost-Sharing.--
(1) In general.--Except as provided by paragraph (2), the
Federal share of the cost of a project carried out under the
program shall be 65 percent of such cost.
(2) Projects on federal lands.--With respect to projects
carried out under the program on Federal lands, the Federal
share of the cost of the project shall be 100 percent of such
cost.
(f) Credits.--For purposes of subsection (e), a non-Federal entity
shall receive credit toward the non-Federal share of the cost of a
project--
(1) for all lands, easements, rights-of-way, and
relocations, but not to exceed 25 percent of total project
cost;
(2) for design and construction services and other in-kind
work;
(3) for grants and the value, as determined by the
Secretary, of work performed on behalf of the non-Federal
entity by State and local agencies; and
(4) for such costs as are incurred by the non-Federal
entity in carrying out studies and any preconstruction,
engineering, or design activities required for any construction
to be conducted under the project, if the Secretary determines
that such activities are integral to the project.
(g) Grants and Reimbursements.--
(1) Grants.--The Federal share of the cost of a project
under the program may be provided in the form of grants to the
non-Federal entity or direct reimbursements to the non-Federal
entity of project costs.
(2) Reimbursements.--Subject to the availability of
appropriations, the Secretary may reimburse a non-Federal
interest an amount equal to the estimate of the Federal share,
without interest, of the cost of any work (including work
associated with studies, planning, design, and construction)
carried out by the non-Federal entity otherwise made eligible
for non-Federal assistance under this section.
(3) Reimbursements for construction work.--Reimbursements
for construction work by a non-Federal entity as part of a
project under the program may be made only--
(A) if, before initiation of construction of the
project, the Secretary approves the plans for
construction of the project by the non-Federal entity;
(B) if the Secretary finds, after a review of
studies and design documents prepared pursuant to this
section, that construction of the project meets the
requirements in subsection (d); and
(C) if the Secretary determines that the work for
which reimbursement is requested has been performed in
accordance with applicable permits and approved plans.
(h) Operation and Maintenance.--The non-Federal share of operation
and maintenance costs for a project carried out under the program shall
be 100 percent, except that, in the case of a project undertaken on
Federal lands, the Federal agency with management responsibility for
the lands shall be responsible for all operation and maintenance costs.
(i) Effect on Authority of Secretary of the Interior.--Nothing in
this section shall affect the authority of the Secretary of the
Interior under the Mining Law of 1872 or title IV of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.).
(j) Cost Limitation.--Not more than $10,000,000 of the amounts
appropriated to carry out this section may be allotted for projects in
a single locality, but the Secretary may accept funds voluntarily
contributed by the non-Federal or Federal entity for the purpose of
expanding the scope of the services requested by the non-Federal or
Federal entity.
(k) Limitation on Actions.--Notwithstanding any other provision of
law, the Secretary or any State or political subdivision (including any
local district) which has implemented or will implement any remedial
action which is consistent with a State and Environmental Protection
Agency approved remediation plan, and any State approved modification
thereof, at an abandoned mine site and adjacent lands to provide water
quality protection, shall not be treated, based on actions taken
consistent with the plan, to be--
(1) the owner or operator of the site, or arranger or
transporter for disposal;
(2) responsible for any discharge or release of pollutants,
contaminants, or hazardous substances on or from the abandoned
mine site or adjacent lands, including discharges or releases
which have been affected by the activities of the remedial
action; or
(3) subject to any enforcement action pursuant to Federal
law, except for violations involving gross negligence.
In this subsection, the term ``gross negligence'' means reckless,
willful, or wanton misconduct.
(l) Western Universities Mine-Land Reclamation and Restoration
Consortium.--The Secretary may provide assistance to the Western
Universities Mine-Land Reclamation and Restoration Consortium, which
includes the University of Nevada, the New Mexico Institute of Mining
and Technology, the University of Idaho, and the University of Alaska,
for the purposes of carrying out the purposes of the program.
(m) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $45,000,000 for fiscal years
beginning after September 30, 1999. | Permits the Secretary to provide technical, planning, design, restoration, remediation, and construction assistance to Federal and non-Federal entities for carrying out projects to address such environmental and water quality problems, but only if the Secretary determines that such a project will improve environmental quality, is in the public interest, and is cost-effective.
Requires that the Federal share of the cost of a project to be 100 percent for projects carried out on Federal land and 65 percent for other projects. Sets forth provisions governing Federal cost share credits and reimbursements to non-Federal entities for project resources, services, and work.
Requires that the non-Federal share of operation and maintenance costs for a project to be 100 percent, except that in the case of a project undertaken on Federal lands, the Federal agency with management responsibility for the lands shall be responsible for all operation and maintenance costs.
Prohibits more than $10 million from being allotted for projects in a single locality, but permits the Secretary to accept funds voluntarily contributed by the non-Federal or Federal entity for expanding the scope of services requested.
Prohibits the Secretary or any State or political subdivision which implements any remedial action which is consistent with a State and Environmental Protection Agency approved remediation plan at an abandoned mine site and adjacent lands to provide water quality protection from being treated, based on actions taken consistent with the plan, as being: (1) the site owner or operator or the arranger or transporter for disposal; (2) responsible for any discharge or release of pollutants, contaminants, or hazardous substances on or from the abandoned mine site or adjacent lands; or (3) subject to any enforcement action pursuant to Federal law, except for violations involving gross negligence.
Authorizes the Secretary to provide assistance to the Western Universities Mine-Land Reclamation and Restoration Consortium for carrying out the purposes of the program.
Authorizes appropriations. | {"src": "billsum_train", "title": "Abandoned Mine Restoration Act of 1999"} | 1,840 | 418 | 0.596605 | 1.882234 | 0.82312 | 5.702997 | 4.572207 | 0.950954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Books Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Federal Government administers several hundred
education programs annually. Of these education programs, more
than 100 programs are unfunded.
(2) The President has not requested funding for more than
50 such unfunded education programs nor were such programs
funded in the 103rd or 104th Congress.
(b) Purpose.--The purpose of this Act is to help streamline
bookkeeping for the Department of Education by eliminating 69 of the
existing unfunded education programs.
SEC. 3. REPEAL OF CERTAIN UNFUNDED EDUCATION PROGRAMS.
(a) Adult Education Act.--The following provisions are repealed:
(1) Business, industry, labor, and education partnerships
for workplace literacy.--Section 371 of the Adult Education Act
(20 U.S.C. 1211).
(2) English literacy grants.--Section 372 of the Adult
Education Act (20 U.S.C. 1211a).
(3) Education programs for commercial drivers.--Section 373
of the Adult Education Act (20 U.S.C. 1211b).
(4) Adult literacy volunteer training.--Section 382 of the
Adult Education Act (20 U.S.C. 1213a).
(b) Carl D. Perkins Vocational and Applied Technology Education
Act.--The following provisions are repealed:
(1) Other state-administered programs.--Part B of title II
of the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2335 et seq.).
(2) State assistance for vocational education support
programs by community-based organizations.--Part A of title III
of the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2351 et seq.).
(3) Consumer and homemaking education.--Part B of title III
of the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2361 et seq.).
(4) Comprehensive career guidance and counseling
programs.--Part C of title III of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2381
et seq.).
(5) Business-labor-education partnership for training.--
Part D of title III of the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2391 et seq.).
(6) Supplementary state grants for facilities and equipment
and other program improvement activities.--Part F of title III
of the Carl D. Perkins Vocational and Applied Technology
Education Act (20 U.S.C. 2395 et seq.).
(7) Community education employment centers and vocational
education lighthouse schools.--Part G of title III of the Carl
D. Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2396 et seq.).
(8) Demonstration programs.--Part B of title IV of the Carl
D. Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2411 et seq.).
(9) Certain bilingual programs.--Subsections (b) and (c) of
section 441 of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2441).
(c) Community School Partnerships.--The Community School
Partnership Act (contained in part B of title V of the Improving
America's Schools Act of 1994 (20 U.S.C. 1070 note) is repealed.
(d) Educational Research, Development, Dissemination, and
Improvement Act of 1994.--Section 941(j) of the Educational Research,
Development, Dissemination, and Improvement Act of 1994 (20 U.S.C.
6041(j)) is repealed.
(e) Elementary and Secondary Education Act of 1965.--The following
provisions are repealed:
(1) Innovative elementary school transition projects.--
Section 1503 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6493).
(2) School dropout assistance.--Part C of title V of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7261
et seq.).
(3) Impact Aid Program.--Section 8006 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7706) is repealed.
(4) Special programs and projects to improve educational
opportunities for indian children.--Subpart 2 of part A of
title IX of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7831 et seq.).
(5) Special programs relating to adult education for
indians.--Subpart 3 of part A of title IX of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7851 et seq.).
(6) Federal administration.--Subpart 5 of part A of title
IX of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7871 et seq.).
(7) Authorization of appropriations.--Subsections (b) and
(c) of section 9162 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7882).
(8) De lugo territorial education improvement program.--
Part H of title X of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8221).
(9) Extended time for learning and longer school year.--
Part L of title X of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8351).
(10) Territorial assistance.--Part M of title X of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8371).
(f) Family and Community Endeavor Schools.--The Family and
Community Endeavor Schools Act (42 U.S.C. 13792) is repealed.
(g) Goals 2000: Educate America Act.--Section 601(b) of the Goals
2000: Educate America Act (20 U.S.C. 5951(b)) is repealed.
(h) Higher Education Act of 1965.--The following provisions are
repealed:
(1) State and local programs for teacher excellence.--Part
A of title V of the Higher Education Act of 1965 (20 U.S.C.
1102 et seq.).
(2) National teacher academies.--Part B of title V of the
Higher Education Act of 1965 (20 U.S.C. 1103 et seq.).
(3) Class size demonstration grant.--Subpart 3 of part D of
title V of the Higher Education Act of 1965 (20 U.S.C. 1109 et
seq.).
(4) Middle school teaching demonstration programs.--Subpart
4 of part D of title V of the Higher Education Act of 1965 (20
U.S.C. 1110 et seq.).
(5) Small state teaching initiative.--Subpart 3 of part F
of title V of the Higher Education Act of 1965 (20 U.S.C.
1115).
(6) Early childhood education training.--Subpart 5 of part
F of title V of the Higher Education Act of 1965 (20 U.S.C.
1117 et seq.).
(7) Grants to states for workplace and community transition
training for incarcerated youth offenders.--Part E of title X
of the Higher Education Act of 1965 (20 U.S.C. 1135g).
(i) Higher Education Amendments of 1992.--Part E of title XV of the
Higher Education Amendments of 1992 (20 U.S.C. 1070) is repealed.
(j) National Literacy Act of 1991.--Section 304 of the National
Literacy Act of 1991 is repealed.
(k) Rehabilitation Act of 1973.--The following provisions are
repealed:
(1) Career advancement training consortia.--Subsection (e)
of section 302 of such Act (29 U.S.C. 771a(e)).
(2) Vocational rehabilitation services for individuals with
disabilities.--Section 303 of such Act (29 U.S.C. 772).
(3) Loan guarantees for community rehabilitation
programs.--Section 304 of such Act (29 U.S.C. 773).
(4) Comprehensive rehabilitation centers.--Section 305 of
such Act (29 U.S.C. 775).
(5) Special demonstration programs.--Subsections (b) and
(e) of section 311 of such Act (29 U.S.C. 777a(b) and (e)).
(6) Reader services for individuals who are blind.--Section
314 of such Act (29 U.S.C. 777d).
(7) Interpreter services for individuals who are deaf.--
Section 315 of such Act (29 U.S.C. 777e).
(8) Community service employment pilot programs for
individuals with disabilities.--Section 611 of such Act (29
U.S.C. 795).
(9) Business opportunities for individuals with
disabilities.--Part D of title VI of the Rehabilitation Act of
1973 (29 U.S.C. 795r).
(10) Certain demonstration activities.--
(A) Transportation service grants.--Subsection (a)
of section 802 of such Act (29 U.S.C. 797a(a)).
(B) Projects to achieve high quality placements.--
Subsection (b) of section 802 of such Act (29 U.S.C.
797a(b)).
(C) Early intervention demonstration projects.--
Subsection (c) of section 802 of such Act (29 U.S.C.
797a(c)).
(D) Transition demonstration projects.--Subsection
(d) of section 802 of such Act (29 U.S.C. 797a(d)).
(E) Barriers to successful rehabilitation outcomes
for minorities.--Subsection (e) of section 802 of such
Act (29 U.S.C. 797a(e)).
(F) Studies, special projects, and demonstration
projects to study management and service delivery.--
Subsection (f) of section 802 of such Act (29 U.S.C.
797a(f)).
(G) National commission on rehabilitation
services.--Subsection (h) of section 802 of such Act
(29 U.S.C. 797a(h)).
(H) Model personal assistance services systems.--
Subsection (i) of section 802 of such Act (29 U.S.C.
797a(i)).
(I) Demonstration projects to upgrade worker
skills.--Subsection (j) of section 802 of such Act (29
U.S.C. 797a(j)).
(J) Model systems regarding severe disabilities.--
Subsection (k) of section 802 of such Act (29 U.S.C.
797a(k)).
(11) Certain training activities.--
(A) Distance learning through telecommunications.--
Subsection (a) of section 803 of such Act (29 U.S.C.
797b(a)).
(B) Training regarding impartial hearing
officers.--Subsection (d) of section 803 of such Act
(29 U.S.C. 797b(d)).
(C) Recruitment and retention of urban personnel.--
Subsection (e) of section 803 of such Act (29 U.S.C.
797b(e)).
(l) Stewart B. McKinney Homeless Assistance Act.--Subtitle A of
title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11421 et seq.) is repealed.
(m) Technology-Related Assistance for Individuals With Disabilities
Act of 1988.--Subtitle B of title II of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 is repealed
(29 U.S.C. 2241 et seq.). | Clean Books Act - Repeals certain unfunded education programs under various Federal laws.
Repeals specified provisions of the Adult Education Act for: (1) business, industry, labor, and education partnerships for workplace literacy; (2) English literacy grants; (3) education programs for commercial drivers; and (4) adult literacy volunteer training.
Repeals specified provisions of the Carl D. Perkins Vocational and Applied Technology Education Act for: (1) other State-administered programs; (2) State assistance for vocational education support programs by community-based organizations; (3) consumer and homemaking education; (4) comprehensive career guidance and counseling programs; (5) business-labor-education partnerships for training; (6) supplementary State grants for facilities and equipment and other program improvement activities; (7) community education employment centers and vocational education lighthouse schools; (8) demonstration programs; and (9) certain bilingual programs.
Repeals the Community School Partnership Act (contained in the Improving America's Schools Act of 1994).
Repeals specified provisions of the Educational Research, Development, Dissemination, and Improvement Act of 1994 for a teacher research dissemination demonstration program.
Repeals provisions of the Elementary and Secondary Education Act of 1965 (ESEA) for: (1) innovative elementary school transition projects; (2) school dropout assistance; (3) impact aid program; (4) special programs and projects to improve educational opportunities for Indian children; (5) special programs relating to adult education for Indians; (6) Federal administration of such special programs, including the National Advisory Council on Indian Education; (7) the De Lugo territorial education improvement program; (8) extended time for learning and longer school year; and (9) territorial assistance.
Repeals the Family and Community Endeavor Schools Act.
Repeals specified provisions of the Goals 2000: Educate America Act for grants for the study, evaluation, and analysis of education systems in other nations.
Repeals specified provisions of the Higher Education Act of 1965 for: (1) State and local programs for teacher excellence; (2) national teacher academies; (3) class size demonstration grants; (4) middle school teaching demonstration programs; (5) small State teaching initiative; (6) early childhood education training; and (7) grants to States for workplace and community transition training for incarcerated youth offenders.
Amends the Higher Education Amendments of 1992 to eliminate the Olympic Scholarships program.
Repeals specified provisions of the Rehabilitation Act of 1973 for: (1) career advancement training consortia; (2) vocational rehabilitation services for individuals with disabilities; (3) loan guarantees for community rehabilitation programs; (4) comprehensive rehabilitation centers; (5) special demonstration programs; (6) reader services for blind individuals; (7) interpreter services for deaf individuals; (8) community service employment pilot programs for individuals with disabilities; and (9) business opportunities for individuals with disabilities. Eliminates certain demonstration activities, including: (1) transportation services grants; (2) projects to achieve high quality placement; (3) early intervention demonstration projects; (4) transition demonstration projects; (5) barriers to successful rehabilitation outcomes for minorities; (6) studies, special projects, and demonstration projects to study management and service delivery; (7) the National Commission on Rehabilitation Services; (8) model personal assistance services systems; (9) demonstration projects to upgrade worker skills; and (10) model systems regarding severe disabilities. Eliminates certain training activities, including: (1) distance learning through telecommunications; (2) training regarding impartial hearing officers; and (3) recruitment and retention of urban personnel.
Repeals specified provisions of the Stewart B. McKinney Homeless Assistance Act for grants to State educational agencies for programs of literacy training and academic remediation for adult homeless individuals.
Repeals specified provisions of the Technology-Related Assistance for Individuals With Disabilities Act of 1988 for various training and demonstration projects, including programs for technology training, technology transfer, device and equipment redistribution information systems and recycling centers, business opportunities for individuals with disabilities, and products of universal design. | {"src": "billsum_train", "title": "Clean Books Act"} | 2,782 | 817 | 0.583461 | 2.017606 | 0.741228 | 4.163995 | 2.547472 | 0.896424 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Debt Buy-Down Act''.
SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end the following new part:
``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT.
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--Every individual with adjusted income tax
liability for any taxable year may designate that a portion of such
liability (not to exceed 10 percent thereof) shall be used to reduce
the public debt.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of tax imposed by chapter 1 for the taxable
year. The designation shall be made on the first page of the return or
on the page bearing the taxpayer's signature.
``(c) Adjusted Income Tax Liability.--For purposes of this section,
the term `adjusted income tax liability' means income tax liability (as
defined in section 6096(b)) reduced by any amount designated under
section 6096 (relating to designation of income tax payments to
Presidential Election Campaign Fund).''
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end the following new item:
``Part IX. Designation for reduction of
public debt.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. PUBLIC DEBT REDUCTION TRUST FUND.
(a) In General.--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 section:
``SEC. 9512. PUBLIC DEBT REDUCTION 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 `Public Debt
Reduction Trust Fund', consisting of any amount appropriated or
credited to the Trust Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Public Debt Reduction Trust Fund amounts equivalent to the amounts
designated under section 6097 (relating to designation for public debt
reduction).
``(c) Expenditures.--Amounts in the Public Debt Reduction Trust
Fund shall be available only for purposes of paying at maturity, or to
redeem or buy before maturity, any obligation of the Federal Government
included in the public debt. Any obligation which is paid, redeemed, or
bought with amounts from such Trust Fund shall be canceled and retired
and may not be reissued.''
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9512. Public Debt Reduction Trust
Fund.''
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the enactment of this Act.
SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE
THE PUBLIC DEBT.
(a) Sequestration To Reduce the Public Debt.--Part C of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
adding after section 253 the following new section:
``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT.
``(a) Sequestration.--Notwithstanding sections 255 and 256, within
15 days after Congress adjourns to end a session, and on the same day
as sequestration (if any) under sections 251, 252, and 253, but after
any sequestration required by those sections, there shall be a
sequestration equivalent to the estimated aggregate amount designated
under section 6097 of the Internal Revenue Code of 1986 for the last
taxable year ending before the beginning of that session of Congress,
as estimated by the Department of the Treasury on May 1 and as modified
by the total of (1) any amounts by which net discretionary spending is
reduced by legislation below the discretionary spending limits (or, in
the absence of such limits, any net deficit change from the baseline
amount calculated under section 257, except that such baseline for
fiscal year 1996 and thereafter shall be based upon fiscal year 1995
enacted appropriations less any 1995 sequesters) and (2) the net
deficit change that has resulted from direct spending legislation.
``(b) Applicability.--
``(1) In general.--Except as provided by paragraph (2),
each account of the United States shall be reduced by a dollar
amount calculated by multiplying the level of budgetary
resources in that account at that time by the uniform
percentage necessary to carry out subsection (a). All
obligational authority reduced under this section shall be done
in a manner that makes such reductions permanent.
``(2) Exempt accounts.--No order issued under this part
may--
``(A) reduce benefits payable the old-age,
survivors, and disability insurance program established
under title II of the Social Security Act;
``(B) reduce payments for net interest (all of
major functional category 900); or
``(C) make any reduction in the following accounts:
``Federal Deposit Insurance Corporation,
Bank Insurance Fund;
``Federal Deposit Insurance Corporation,
FSLIC Resolution Fund;
``Federal Deposit Insurance Corporation,
Savings Association Insurance Fund;
``National Credit Union Administration,
credit union share insurance fund; or
``Resolution Trust Corporation.''.
(b) Reports.--Section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(1) in subsection (a), by inserting before the item
relating to August 10 the following:
``May 1 . . . Department of Treasury report to Congress estimating
amount of income tax designated pursuant to section 6097 of the
Internal Revenue Code of 1986.'';
(2) in subsection (d)(1), by inserting ``, and
sequestration to reduce the public debt,'';
(3) in subsection (d), by redesignating paragraph (5) as
paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Sequestration to reduce the public debt reports.--The
preview reports shall set forth for the budget year estimates
for each of the following:
``(A) The aggregate amount designated under section
6097 of the Internal Revenue Code of 1986 for the last
taxable year ending before the budget year.
``(B) The amount of reductions required under
section 253A and the deficit remaining after those
reductions have been made.
``(C) The sequestration percentage necessary to
achieve the required reduction in accounts under
section 253A(b).''; and
(4) in subsection (g), by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and by inserting
after paragraph (3) the following new paragraph:
``(4) Sequestration to reduce the public debt reports.--The
final reports shall contain all of the information contained in
the public debt taxation designation report required on May
1.''.
(c) Effective Date.--Notwithstanding section 275(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the expiration date
set forth in that section shall not apply to the amendments made by
this section. The amendments made by this section shall cease to have
any effect after the first fiscal year during which there is no public
debt. | Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow every individual with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt.
Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. | {"src": "billsum_train", "title": "Taxpayer Debt Buy-Down Act"} | 1,795 | 224 | 0.521474 | 1.346294 | 0.755992 | 3.630435 | 8.625 | 0.880435 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fix Gun Checks Act
of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM
BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM
Sec. 101. Penalties for States that do not make data electronically
available to the National Instant Criminal
Background Check System.
Sec. 102. Requirement that Federal agencies certify that they have
submitted to the National Instant Criminal
Background Check System all records
identifying persons prohibited from
purchasing firearms under Federal law.
Sec. 103. Adjudicated as a mental defective.
Sec. 104. Clarification that Federal court information is to be made
available to the National Instant Criminal
Background Check System.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
Sec. 201. Purpose.
Sec. 202. Firearms transfers.
Sec. 203. Lost and stolen reporting.
TITLE I--ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE PROHIBITED FROM
BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM
SEC. 101. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 102(b) of the NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Within 1 year after the date of the
enactment of this subsection, the Attorney General, in
coordination with the States, shall establish, for each State
or Indian tribal government, a plan to ensure maximum
coordination and automation of the reporting of records or
making of records available to the National Instant Criminal
Background Check System established under section 103 of the
Brady Handgun Violence Prevention Act, during a 4-year period
specified in the plan.
``(2) Benchmark requirements.--Each such plan shall include
annual benchmarks, including qualitative goals and quantitative
measures, to enable the Attorney General to assess
implementation of the plan.
``(3) Penalties for noncompliance.--
``(A) In general.--During the 4-year period covered
by such a plan, the Attorney General shall withhold the
following percentage of the amount that would otherwise
be allocated to a State under section 505 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3755) if the State does not meet the benchmark
established under paragraph (2) for the following year
in the period:
``(i) 10 percent, in the case of the 1st
year in the period.
``(ii) 11 percent, in the case of the 2nd
year in the period.
``(iii) 13 percent, in the case of the 3rd
year in the period.
``(iv) 15 percent, in the case of the 4th
year in the period.
``(B) Failure to establish a plan.--A State with
respect to which a plan is not established under
paragraph (1) shall be treated as having not met any
benchmark established under paragraph (2).''.
SEC. 102. REQUIREMENT THAT FEDERAL AGENCIES CERTIFY THAT THEY HAVE
SUBMITTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM ALL RECORDS IDENTIFYING PERSONS PROHIBITED
FROM PURCHASING FIREARMS UNDER FEDERAL LAW.
Section 103(e)(1) of the Brady Handgun Violence Prevention Act (18
U.S.C. 922 note) is amended by adding at the end the following:
``(F) Semiannual certification and reporting.--
``(i) In general.--The head of each Federal
department or agency shall submit to the
Attorney General a written certification
indicating whether the department or agency has
provided to the Attorney General the pertinent
information contained in any record of any
person that the department or agency was in
possession of during the time period addressed
by the report demonstrating that the person
falls within a category described in subsection
(g) or (n) of section 922 of title 18, United
States Code.
``(ii) Submission dates.--The head of a
Federal department or agency shall submit a
certification under clause (i)--
``(I) not later than July 31 of
each year, which shall address any
record the department or agency was in
possession of during the period
beginning on January 1 of the year and
ending on June 30 of the year; and
``(II) not later than January 31 of
each year, which shall address any
record the department or agency was in
possession of during the period
beginning on July 1 of the previous
year and ending on December 31 of the
previous year.
``(iii) Contents.--A certification required
under clause (i) shall state, for the
applicable period--
``(I) the number of records of the
Federal department or agency
demonstrating that a person fell within
each of the categories described in
section 922(g) of title 18, United
States Code;
``(II) the number of records of the
Federal department or agency
demonstrating that a person fell within
the category described in section
922(n) of title 18, United States Code;
and
``(III) for each category of
records described in subclauses (I) and
(II), the total number of records of
the Federal department or agency that
have been provided to the Attorney
General.''.
SEC. 103. ADJUDICATED AS A MENTAL DEFECTIVE.
(a) In General.--Section 921(a) of title 18, United States Code, is
amended by adding at the end the following:
``(36) The term `adjudicated as a mental defective' shall--
``(A) have the meaning given the term in section 478.11 of
title 27, Code of Federal Regulations, or any successor
thereto; and
``(B) include an order by a court, board, commission, or
other lawful authority that a person, in response to mental
illness, incompetency, or marked subnormal intelligence, be
compelled to receive services--
``(i) including counseling, medication, or testing
to determine compliance with prescribed medications;
and
``(ii) not including testing for use of alcohol or
for abuse of any controlled substance or other drug.
``(37) The term `committed to a mental institution' shall have the
meaning given the term in section 478.11 of title 27, Code of Federal
Regulations, or any successor thereto.''.
(b) Limitation.--An individual who has been adjudicated as a mental
defective before the effective date described in section 203 may not
apply for relief from disability under section 101(c)(2) of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis
that the individual does not meet the requirements in section
921(a)(36) of title 18, United States Code, as added by subsection (a).
(c) NICS Improvement Amendments Act of 2007.--Section 3 of the NICS
Improvement Amendments Act of 2007 (18 U.S.C. 922 note) is amended by
striking paragraph (2) and inserting the following:
``(2) Mental health terms.--
``(A) In general.--Except as provided in
subparagraph (B), the terms `adjudicated as a mental
defective' and `committed to a mental institution'
shall have the meaning given the terms in section
921(a) of title 18, United States Code.
``(B) Exception.--For purposes of sections 102 and
103, the terms `adjudicated as a mental defective' and
`committed to a mental institution' shall have the same
meanings as on the day before the date of enactment of
the Fix Gun Checks Act of 2015 until the end of the 2-
year period beginning on such date of enactment.''.
SEC. 104. CLARIFICATION THAT FEDERAL COURT INFORMATION IS TO BE MADE
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK SYSTEM.
Section 103(e)(1) of the Brady Handgun Violence Protection Act (18
U.S.C. 922 note), as amended by section 102 of this Act, is amended by
adding at the end the following:
``(G) Application to federal courts.--In this
paragraph--
``(i) the terms `department or agency of
the United States' and `Federal department or
agency' include a Federal court; and
``(ii) for purposes of any request,
submission, or notification, the Director of
the Administrative Office of the United States
Courts shall perform the functions of the head
of the department or agency.''.
TITLE II--REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE
SEC. 201. PURPOSE.
The purpose of this title is to extend the Brady Law background
check procedures to all sales and transfers of firearms.
SEC. 202. FIREARMS TRANSFERS.
(a) In General.--Section 922 of title 18, United States Code, is
amended--
(1) by striking subsection (s) and redesignating subsection
(t) as subsection (s);
(2) in subsection (s), as so redesignated--
(A) in paragraph (3)(C)(ii), by striking ``(as
defined in subsection (s)(8))''; and
(B) by adding at the end the following:
``(7) In this subsection, the term `chief law enforcement
officer' means the chief of police, the sheriff, or an
equivalent officer or the designee of any such individual.'';
and
(3) by inserting after subsection (s), as so redesignated,
the following:
``(t)(1) It shall be unlawful for any person who is not a licensed
importer, licensed manufacturer, or licensed dealer to transfer a
firearm to any other person who is not so licensed, unless a licensed
importer, licensed manufacturer, or licensed dealer has first taken
possession of the firearm for the purpose of complying with subsection
(s). Upon taking possession of the firearm, the licensee shall comply
with all requirements of this chapter as if the licensee were
transferring the firearm from the inventory of the licensee to the
unlicensed transferee.
``(2) Paragraph (1) shall not apply to--
``(A) a transfer of a firearm by or to any law enforcement
agency or any law enforcement officer, armed private security
professional, or member of the armed forces, to the extent the
officer, professional, or member is acting within the course
and scope of employment and official duties;
``(B) a transfer that is a loan or bona fide gift between
spouses, between domestic partners, between parents and their
children, between siblings, or between grandparents and their
grandchildren;
``(C) a transfer to an executor, administrator, trustee, or
personal representative of an estate or a trust that occurs by
operation of law upon the death of another person;
``(D) a temporary transfer that is necessary to prevent
imminent death or great bodily harm, if the possession by the
transferee lasts only as long as immediately necessary to
prevent the imminent death or great bodily harm;
``(E) a transfer that is approved by the Attorney General
under section 5812 of the Internal Revenue Code of 1986;
``(F) a temporary transfer if the transferor has no reason
to believe that the transferee will use or intends to use the
firearm in a crime or is prohibited from possessing firearms
under State or Federal law, and the transfer takes place and
the transferee's possession of the firearm is exclusively--
``(i) at a shooting range or in a shooting gallery
or other area designated and built for the purpose of
target shooting;
``(ii) while hunting, trapping, or fishing, if the
hunting, trapping, or fishing is legal in all places
where the transferee possesses the firearm and the
transferee holds all licenses or permits required for
such hunting, trapping, or fishing; or
``(iii) while in the presence of the transferor.''.
(b) Technical and Conforming Amendments.--
(1) Section 922.--Section 922(y)(2) of such title is
amended in the matter preceding subparagraph (A), by striking
``, (g)(5)(B), and (s)(3)(B)(v)(II)'' and inserting ``and
(g)(5)(B)''.
(2) Section 925A.--Section 925A of such title is amended in
the matter preceding paragraph (1), by striking ``subsection
(s) or (t) of section 922'' and inserting ``section 922(s)''.
(c) Effective Date.--The amendment made by subsection (a)(4) shall
take effect 180 days after the date of the enactment of this Act.
SEC. 203. LOST AND STOLEN REPORTING.
(a) In General.--Section 922 of title 18, United States Code, is
amended by adding at the end the following:
``(aa) It shall be unlawful for any person who lawfully possesses
or owns a firearm that has been shipped or transported in, or has been
possessed in or affecting, interstate or foreign commerce, to fail to
report the theft or loss of the firearm, within 48 hours after the
person discovers the theft or loss, to the Attorney General and to the
appropriate local authorities.''.
(b) Penalty.--Section 924(a)(1)(B) of such title is amended to read
as follows:
``(B) knowingly violates subsection (a)(4), (f),
(k), (q), or (aa) of section 922;''. | Fix Gun Checks Act of 2015 This bill amends the NICS Improvement Amendments Act of 2007 to revise an eligibility condition for a state to receive a grant under the NICS Act Record Improvement Program and a waiver of the grant match requirement under the National Criminal History Improvement Program. Specifically, it directs the Department of Justice (DOJ) to establish a four-year state implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the National Instant Criminal Back Check System (NICS). DOJ must reduce the Edward Byrne Memorial Justice Assistance (JAG) Program funding for a state that fails to comply with benchmarks. The bill amends the Brady Handgun Violence Prevention Act to require each federal agency and department, including a federal court, to certify whether it has provided to the Federal Bureau of Investigation disqualifying records of persons prohibited from receiving or possessing a firearm. It amends the federal criminal code and the NICS Improvement Amendments Act of 2007 to define the terms "adjudicated as a mental defective" and "committed to a mental institution." The bill extends the Brady Handgun Violence Prevention Act background check requirements to a transfer of a firearm between private parties by prohibiting such a transfer unless a licensed importer, manufacturer, or dealer has first taken possession of the firearm for the purpose of submitting a background check. A gun owner must report a lost or stolen firearm to DOJ and local law enforcement authorities within 48 hours of discovery. | {"src": "billsum_train", "title": "Fix Gun Checks Act of 2015"} | 3,289 | 331 | 0.519245 | 1.714627 | 0.649098 | 2.25 | 10.060714 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Rosoboronexport Embargo Act of 2014''.
SEC. 2. PROHIBITION ON DIRECT OR INDIRECT USE OF FUNDS TO ENTER INTO
CONTRACTS OR AGREEMENTS WITH ROSOBORONEXPORT.
(a) Prohibition.--The head of an executive agency may not enter
into a contract, memorandum of understanding, or cooperative agreement
with, or make a grant to, or provide a loan or loan agreement to
Rosoboronexport or any subsidiary of Rosoboronexport related to the
design, manufacture, or sale of military equipment.
(b) Waiver.--The President may waive the applicability of
subsection (a) if the President, in consultation with the Secretary of
Defense, the Secretary of State, the Secretary of Commerce and the
Director of National Intelligence, certifies in writing to the
appropriate congressional committees that--
(1) to the best of the President's knowledge--
(A) Rosoboronexport has ceased the transfer of
lethal military equipment to, and the maintenance of
existing lethal military equipment for, the Government
of the Syrian Arab Republic;
(B) the armed forces of the Russian Federation have
withdrawn from Crimea (other than military forces
present on military bases subject to agreements in
force between the Government of the Russian Federation
and the Government of Ukraine); and
(C) agents of the Russian Federation are not taking
active measures to destabilize the control of the
Government of Ukraine over eastern Ukraine (including
through active support of efforts to unlawfully occupy
facilities of the Government of Ukraine); or
(2) the waiver is in the national security interests of the
United States.
(c) Reprogramming Authority.--
(1) In general.--The President may reprogram funds
appropriated or otherwise made available for Economic Support
Fund assistance or security assistance for the government of a
country that, on or after the date of the enactment of this
Act, enters into a contract, memorandum of understanding, or
cooperative agreement with, or makes a grant to, or provides a
loan or loan agreement to Rosoboronexport, or any subsidiary of
Rosoboronexport, in an amount up to or equal to the total
amount of each such contract, memorandum of understanding,
cooperative agreement, loan, or loan agreement.
(2) Notification.--The President shall notify Congress not
later than 15 days before reprogramming funds under paragraph
(1).
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Appropriations
of the House of Representatives.
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 133 of title 41, United
States Code.
SEC. 3. PROHIBITION ON ASSISTING ROSOBORONEXPORT THROUGH THE PROVISION
OF FINANCING.
(a) Prohibited Activity Defined.--For purposes of this section, the
term ``prohibited activity'' means the act of knowingly, materially,
and directly contributing or attempting to contribute, through the
provision of financing, to the transfer or retransfer of goods or
technology to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) Prohibition.--No United States person may engage in any
prohibited activity to the extent that the United States has
jurisdiction to prohibit such activity by such United States person.
(c) Presidential Determination and Order With Respect to United
States and Foreign Persons.--If the President determines that a United
States person has engaged in a prohibited activity (without regard to
whether subsection (b) applies), the President shall, by order, impose
the sanctions described in subsection (d) on such person.
(d) Sanctions.--The following sanctions shall be imposed pursuant
to any order issued under subsection (c) with respect to any United
States person:
(1) Ban on dealings in government finance.--
(A) Designation as primary dealer.--Neither the
Board of Governors of the Federal Reserve System nor
the Federal Reserve Bank of New York may designate, or
permit the continuation of any prior designation of,
the person as a primary dealer in United States
Government debt instruments.
(B) Service as depositary.--The person may not
serve as a depositary for United States Government
funds.
(2) Restrictions on operations.--The person may not,
directly or indirectly--
(A) commence any line of business in the United
States in which the person was not engaged as of the
date of the order; or
(B) conduct business from any location in the
United States at which the person did not conduct
business as of the date of the order.
(e) Termination of the Sanctions.--Any sanction imposed on any
person pursuant to an order issued under subsection (c) shall--
(1) remain in effect for a period of not less than 12
months; and
(2) cease to apply after the end of such 12-month period
only if the President determines, and certifies in writing to
the Congress, that--
(A) the person has ceased to engage in any
prohibited activity; and
(B) the President has received reliable assurances
from such person that the person will not, in the
future, engage in any prohibited activity.
(f) Waiver.--The President may waive the application of any
sanction imposed on any person pursuant to an order issued under
subsection (c) if the President determines, and certifies in writing to
the Congress, that the continued imposition of the sanction would have
a serious adverse effect on the safety and soundness of the domestic or
international financial system or on domestic or international payments
systems.
(g) Enforcement Action.--The Attorney General may bring an action
in an appropriate district court of the United States for injunctive
and other appropriate relief with respect to--
(1) any violation of subsection (b); or
(2) any order issued pursuant to subsection (c).
(h) Knowingly Defined.--
(1) In general.--For purposes of this section, the term
``knowingly'' means the state of mind of a person with respect
to conduct, a circumstance, or a result in which--
(A) such person is aware that such person is
engaging in such conduct, that such circumstance
exists, or that such result is substantially certain to
occur; or
(B) such person has a firm belief that such
circumstance exists or that such result is
substantially certain to occur.
(2) Knowledge of the existence of a particular
circumstance.--If knowledge of the existence of a particular
circumstance is required for an offense, such knowledge is
established if a person is aware of a high probability of the
existence of such circumstance, unless the person actually
believes that such circumstance does not exist.
(i) Scope of Application.--This section shall apply with respect to
prohibited activities that occur on or after the date of the enactment
of this Act.
SEC. 4. SANCTIONS AGAINST UNITED STATES PERSONS THAT TRANSFERS OR
RETRANSFERS GOODS OR TECHNOLOGY, OR ENTERS INTO
CONTRACTS, OR ENGAGES IN TRADE, WITH ROSOBORONEXPORT.
(a) In General.--If any United States person transfers or
retransfers goods or technology, or enters into contracts, or engages
in trade, with Rosoboronexport, or any subsidiary of Rosoboronexport,
then the sanctions described in subsection (b) shall be imposed.
(b) Mandatory Sanctions.--The sanctions to be imposed pursuant to
subsection (a) are as follows:
(1) Procurement sanction.--For a period of two years, the
United States Government shall not procure, or enter into any
contract for the procurement of, any goods or services from the
sanctioned person.
(2) Export sanction.--For a period of two years, the United
States Government shall not issue any license for any export by
or to the sanctioned person.
SEC. 5. REPORT ON ROSOBORONEXPORT ACTIVITIES.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation with
the Secretary of State and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report setting
forth the following:
(1) A list of the known transfers of lethal military
equipment by Rosoboronexport to the ``Donetsk People's
Republic'' or other separatist groups in Ukraine.
(2) A list of the known transfers of lethal military
equipment by Rosoboronexport to the Government of the Syrian
Arab Republic since March 15, 2011.
(3) A list of the known contracts, if any, that
Rosoboronexport has signed with the Government of the Syrian
Arab Republic since March 15, 2011.
(4) A detailed list of all existing contracts, memorandums
of understanding, cooperative agreements, grants, loans, and
loan guarantees between the Department of Defense and
Rosoboronexport, including a description of the transaction,
signing dates, values, and quantities.
(b) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of the
Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 6. UNITED STATES PERSON DEFINED.
In this Act, the term ``United States person'' means--
(1) a natural person who is a citizen of the United States
or who owes permanent allegiance to the United States; and
(2) a corporation or other legal entity which is organized
under the laws of the United States, any State or territory
thereof, or the District of Columbia, if natural persons
described in paragraph (1) own, directly or indirectly, more
than 50 percent of the outstanding capital stock or other
beneficial interest in such legal entity. | Rosoboronexport Embargo Act of 2014 - Prohibits the head of an executive agency from entering into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan agreement to Rosoboronexport (the state intermediary agency for Russia's exports/imports of defense-related and dual use products, technologies, and services). Authorizes the President to: (1) waive such prohibition under specified circumstances, and (2) reprogram funds for a country that enters into any such arrangement with Rosoboronexport. Prohibits any U.S. person (individual or corporation) from assisting Rosoboronexport through the provision of financing. Imposes a ban on dealing in government finance and restrictions on U.S. business operations on a person that engages in such activity. Authorizes: (1) the President to waive the application of sanctions under specified circumstances, and (2) the Attorney General (DOJ) to bring an action in U.S. district court for injunctive and other relief with respect to such activities. Imposes procurement and export sanctions on any U.S. person that transfers goods or technology, enters into contracts, or engages in trade with Rosoboronexport. Directs the Secretary of Defense (DOD) to report to Congress regarding: (1) transfers of lethal military equipment by Rosoboronexport to separatist groups in Ukraine and to the government of Syria; and (2) contracts, memorandums of understanding, cooperative agreements, grants, and loans and loan guarantees between DOD and Rosoboronexport. | {"src": "billsum_train", "title": "Rosoboronexport Embargo Act of 2014"} | 2,343 | 362 | 0.721509 | 2.498454 | 0.864664 | 3.514493 | 7.438406 | 0.876812 |
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