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SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Classified
Information Procedures Reform and Improvement Act of 2010''.
(b) In General.--Section 1 of the Classified Information Procedures
Act (18 U.S.C. App.) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) `Disclosure', as used in this Act, includes the release,
transmittal, or making available of, or providing access to, classified
information to any person (including a defendant or counsel for a
defendant) during discovery, or to a participant or member of the
public at any proceeding.''.
(c) Technical and Conforming Amendment.--Section 501(3) of the
Immigration and Nationality Act (8 U.S.C. 1531(3)) is amended by
striking ``section 1(b)'' and inserting ``section 1''.
SEC. 2. PRETRIAL CONFERENCE.
Section 2 of the Classified Information Procedures Act (18 U.S.C.
App.) is amended--
(1) by inserting ``(a) In General.--'' before ``At any
time'';
(2) by adding at the end the following:
``(b) Ex Parte.--If the United States or the defendant certifies
that the presence of both parties at a pretrial conference would harm
the national security of the United States or the defendant's ability
to make a defense, then upon request by either party, the court shall
hold such pretrial conference ex parte, and shall seal and preserve the
record of that ex parte conference in the records of the court for use
in the event of an appeal.''.
SEC. 3. PROTECTIVE ORDERS.
Section 3 of the Classified Information Procedures Act (18 U.S.C.
App) is amended--
(1) by inserting ``(a) In General.--'' before ``Upon
motion'';
(2) by inserting ``use or'' before ``disclosure'';
(3) by inserting ``, or access to,'' after ``disclosure
of'';
(4) by inserting ``, or any classified information derived
therefrom, that will be'' after ``classified information'';
(5) by inserting ``or made available'' after ``disclosed'';
and
(6) by adding at the end the following:
``(b) Notice.--In the event the defendant is convicted, the United
States shall provide the defendant and the appellate court with a
written notice setting forth each date that the United States obtained
a protective order.''.
SEC. 4. DISCOVERY OF AND ACCESS TO CLASSIFIED INFORMATION BY
DEFENDANTS.
Section 4 of the Classified Information Procedures Act (18 U.S.C.
App.) is amended--
(1) in the section heading, by inserting ``and access to''
after ``discovery of'';
(2) by inserting ``(a) In General.--'' before ``The court,
upon'';
(3) in the first sentence--
(A) by inserting ``to restrict the defendant's
access to or'' before ``to delete'';
(B) by striking ``from documents'';
(C) by striking ``classified documents, or'' and
inserting ``classified information,''; and
(D) by striking the period at the end and inserting
``, or to provide other relief to the United States.'';
(4) in the second sentence, by striking ``alone.''
inserting ``alone, and may permit ex parte proceedings with the
United States to discuss that request.'';
(5) in the third sentence--
(A) by striking ``If the court enters an order
granting relief following such an ex parte showing,
the'' and inserting ``The''; and
(B) by inserting ``, and the transcript of any
argument and any summary of the classified information
the defendant seeks to obtain discovery of or access
to,'' after ``text of the statement of the United
States''; and
(6) by adding at the end the following:
``(b) Access to Other Classified Information.--If the defendant
seeks access to nondocumentary information from a potential witness or
other person through deposition under the Federal Rules of Criminal
Procedure, or otherwise, which the defendant knows or reasonably
believes is classified, the defendant shall notify the attorney for the
United States and the court in writing. Such notice shall specify with
particularity the nondocumentary information sought by the defendant
and the legal basis for such access.
``(c) Showing by the United States.--In any prosecution in which
the United States seeks to restrict, delete, withhold, or otherwise
obtain relief with respect to the defendant's discovery of or access to
any specific classified information, the attorney for the United States
shall file with the court a declaration made by the Attorney General
invoking the United States classified information privilege, which
shall be supported by a declaration made by a knowledgeable United
States official possessing the authority to classify information that
sets forth the identifiable damage to the national security that the
discovery of, or access to, such information reasonably could be
expected to cause.
``(d) Standard for Discovery of or Access to Classified
Information.--Upon the submission of a declaration of the Attorney
General under subsection (c), the court may not authorize the
defendant's discovery of, or access to, classified information, or to
the substitution submitted by the United States, which the United
States seeks to restrict, delete, or withhold, or otherwise obtain
relief with respect to, unless the court first determines that such
classified information or such substitution would be--
``(1) noncumulative, relevant, and helpful to--
``(A) a legally cognizable defense;
``(B) rebuttal of the prosecution's case; or
``(C) sentencing; or
``(2) noncumulative and essential to a fair determination
of a pretrial proceeding.
``(e) Security Clearance.--Whenever a court determines that the
standard for discovery of or access to classified information by the
defendant has been met under subsection (d), such discovery or access
may only take place after the person to whom discovery or access will
be granted has received the necessary security clearances to receive
the classified information, and if the classified information has been
designated as sensitive compartmented information or special access
program information, any additional required authorizations to receive
the classified information.''.
SEC. 5. NOTICE OF DEFENDANT'S INTENTION TO DISCLOSE CLASSIFIED
INFORMATION.
Section 5 of the Classified Information Procedures Act (18 U.S.C.
App.) is amended--
(1) in the section heading, by inserting ``use or'' before
``disclose'';
(2) in subsection (a)--
(A) in the first sentence--
(i) by inserting ``use or'' before
``disclose''; and
(ii) by striking ``thirty days prior to
trial'' and inserting ``45 days prior to such
proceeding'';
(B) in the second sentence by striking ``brief''
and inserting ``specific'';
(C) in the third sentence--
(i) by inserting ``use or'' before
``disclose''; and
(ii) by striking ``brief'' and inserting
``specific''; and
(D) in the fourth sentence--
(i) by inserting ``use or'' before
``disclose''; and
(ii) by inserting ``reasonably'' before
``believed''; and
(3) in subsection (b), by inserting ``the use or'' before
``disclosure''.
SEC. 6. PROCEDURE FOR CASES INVOLVING CLASSIFIED INFORMATION.
Section 6 of the Classified Information Procedures Act (18 U.S.C.
App.) is amended--
(1) in subsection (a)--
(A) in the second sentence, by striking ``such a
hearing.'' and inserting ``a hearing and shall make all
such determinations prior to proceeding under any
alternative procedure set out in subsection (d).''; and
(B) in the third sentence, by striking ``petition''
and inserting ``request'';
(2) in subsection (b)(2) by striking ``trial'' and
inserting ``the trial or pretrial proceeding'';
(3) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g), respectively;
(4) by inserting after subsection (b) the following:
``(c) Standard for Admissibility, Use and Disclosure at Trial.--
Classified information which is the subject of a notice by the United
States pursuant to subsection (b) is not admissible at trial and
subject to the alternative procedures set out in subsection (d), unless
a court first determines that such information is noncumulative,
relevant, and necessary to an element of the offense or a legally
cognizable defense, and is otherwise admissible in evidence. Classified
information may not be used or disclosed at trial by the defendant
unless a court first determines that exclusion of the classified
information from such use or disclosure would deprive the defendant of
a fair trial or violate the defendant's right to due process.'';
(5) in subsection (d), as so redesignated--
(A) in the subsection heading, by inserting ``Use
or'' before ``Disclosure'';
(B) in paragraph (1), by inserting ``use or''
before ``disclosure'' both places that term appears;
(C) in the flush paragraph following paragraph
(1)(B), by inserting ``use or'' before ``disclosure'';
and
(D) in paragraph (2)--
(i) by striking ``an affidavit of'' and
inserting ``a declaration by'';
(ii) by the striking ``such affidavit'' and
inserting ``such declaration''; and
(iii) by inserting ``the use or'' before
``disclosure'';
(6) in subsection (e), as so redesignated, in the first
sentence, by striking ``disclosed or elicited'' and inserting
``used or disclosed'';
(7) in subsection (f), as so redesignated--
(A) in the subsection heading, by inserting ``Use
or'' before ``Disclosure'' both places that term
appears;
(B) in paragraph (1)--
(i) by striking ``(c)'' and inserting
``(d)'';
(ii) by striking ``an affidavit of'' and
inserting ``a declaration by'';
(iii) by inserting ``the use or'' before
``disclosure''; and
(iv) by striking ``disclose'' and inserting
``use, disclose,''; and
(C) in paragraph (2), by striking ``disclosing''
and inserting ``using, disclosing,''; and
(8) in the first sentence of subsection (g), as so
redesignated--
(A) by inserting ``used or'' before ``disclosed'';
and
(B) by inserting ``or disclose'' before ``to rebut
the''.
SEC. 7. INTERLOCUTORY APPEAL.
Section 7(a) of the Classified Information Procedures Act (18
U.S.C. App.) is amended --
(1) by striking ``disclosure of'' both times that places
that term appears and inserting ``use, disclosure, discovery
of, or access to''; and
(2) by adding at the end the following: ``The right of the
United States to appeal pursuant to this Act applies without
regard to whether the order or ruling appealed from was entered
under this Act, another provision of law, a rule, or otherwise.
Any such appeal may embrace any preceding order, ruling, or
reasoning constituting the basis of the order or ruling that
would authorize such use, disclosure, or access. Whenever
practicable, appeals pursuant to this section shall be
consolidated to expedite the proceedings.''.
SEC. 8. INTRODUCTION OF CLASSIFIED INFORMATION.
Section 8 of the Classified Information Procedures Act (18 U.S.C.
App.) is amended--
(1) in subsection (b), by adding at the end ``The court may
fashion alternative procedures in order to prevent such
unnecessary disclosure, provided that such alternative
procedures do not deprive the defendant of a fair trial or
violate the defendant's due process rights.''; and
(2) by adding at the end the following:
``(d) Admission of Evidence.--(1) No classified information offered
by the United States and admitted into evidence shall be presented to
the jury unless such evidence is provided to the defendant.
``(2) Any classified information admitted into evidence shall be
sealed and preserved in the records of the court to be made available
to the appellate court in the event of an appeal.''.
SEC. 9. APPLICATION TO PROCEEDINGS.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to any prosecution pending in
any United States district court. | Classified Information Procedures Reform and Improvement Act of 2010 - Amends the Classified Information Procedures Act, with respect to the use and disclosure of classified information in legal proceedings, to: (1) allow ex parte pretrial conferences to protect national security; (2) expand protective orders to limit the use of or access to classified information; (3) expand discovery rules to restrict access to classified information, other than documents; (4) expand a defendant's notice requirement to include intent to use classified information; (5) establish additional standards for the admissibility, use, and disclosure of classified information at trial; (6) expand the interlocutory appeal rights of the United States; and (7) allow a court to fashion alternative procedures to prevent unnecessary disclosures of classified information at trial. | {"src": "billsum_train", "title": "A bill to amend the Classified Information Procedures Act to improve the protection of classified information and for other purposes."} | 3,086 | 159 | 0.583341 | 1.600109 | 0.76278 | 2.335526 | 18.401316 | 0.875 |
SECTION 1. SHORT TITLE; SUPPLEMENTAL AUTHORIZATIONS.
(a) Short Title.--This Act may be cited as the ``Iran Missile
Protection Act of 1997''.
(b) Authorizations of Supplemental Appropriations.--All amounts
authorized to be appropriated by this Act are authorizations of
supplemental appropriations for the Department of Defense for fiscal
year 1998.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has vital interests in the Middle
East and Persian Gulf region.
(2) The United States maintains a force of approximately
25,000 military personnel in the Middle East and Persian Gulf
region.
(3) The United States has many allies and friends in the
Middle East and Persian Gulf region.
(4) The policies of the current regime in Iran, including
the export of terrorism and the pursuit of regional military
hegemony, are inimical to the interests of the United States
and its allies and friends.
(5) Iran has been aggressively pursuing ballistic missile
technology. According to a statement by the Vice President in
August 1997, ``It is obvious that there is a vigorous effort by
Iran to obtain the technologies that it needs to build a
ballistic missile and to build nuclear weapons.''
(6) The President, in Executive Order 12938, issued on
November 14, 1994 and reaffirmed in November 1995 and November
1996, declared a state of emergency, finding that ``the
proliferation of nuclear, biological, and chemical weapons and
of the means of delivering such weapons, constitutes an unusual
and extraordinary threat to the national security, foreign
policy, and economy of the United States . . .''
(7) Iran may achieve theater ballistic missile capabilities
capable of striking United States forces, allies, and friends
in the Middle East and Persian Gulf regions within one to two
years. Department of Defense officials report that Iran is
acquiring missile systems and technology from abroad and is
developing two ballistic missile systems. The Assistant
Secretary of State for Near Eastern Affairs recently testified
that Iran could complete development of its Shahab-3 missile in
12 to 18 months. This threat will grow over time as Iranian
missile production capability matures and missile ranges
increase.
(8) The United States intelligence community confirms that
Iran is achieving the capability described in paragraph (7)
with substantial assistance from other nations, including
Russia. The Director of Central Intelligence reported that
``Russia supplied a variety of ballistic missile-related goods
to foreign countries [in late 1996] . . . especially Iran.''
(9) Currently deployed missile defenses have been designed
to meet shorter range, slower missile threats and are not
adequate to meet the threat posed by new Iranian ballistic
missiles under development. The United States and its allies
will be vulnerable to Iranian missiles after they become
operational and until improved United States and allied missile
defenses are deployed.
(10) Current theater missile defense plans of the
Department of Defense are inadequate to meet the state of
emergency declared by the President. The Patriot Advanced
Capability (PAC-3) and Navy Area Defense missile defense
systems have limited capability against longer-range ballistic
missiles. The more capable Theater High-Altitude Area Defense
(THAAD) system and Navy Theater-Wide system are not scheduled
to be deployed until well after the time by which it is
expected that the Iranian missile threat will have matured.
(11) It is a matter of the highest national interest to
minimize the vulnerability of United States forces, allies, and
friends to this threat.
SEC. 3. PURPOSE OF ACT.
In light of the findings in section 2, an immediate national
response to the emerging Iranian missile threat, consistent with the
Presidential declaration of national emergency, is required and is in
the highest national interest of the United States.
SEC. 4. DETERMINATION OF EXTENT OF RUSSIAN COOPERATION WITH BALLISTIC
MISSILE ACTIVITIES OF IRAN.
(a) Discussion With Russia.--The Secretary of Defense shall enter
into discussions with the Government of Russia for the purpose of
obtaining information on--
(1) the extent and technical specifics of cooperation and
assistance by Russia in the development by Iran of a ballistic
missile capability; and
(2) the technical nature of Iranian ballistic missile
capabilities.
(b) Limitation on Fiscal Year 1998 Cooperative Ballistic Missile
Defense Projects.--(1) The amount described in paragraph (2) may not be
obligated until the Secretary of Defense determines, and certifies to
Congress, that the Russian government is providing full cooperation to
the United States and its allies in the obtaining of the information
described in subsection (a). Such a certification shall be submitted
not later than 30 days after the date of such a determination. The
Secretary shall include with the certification a description of the
basis for the Secretary's determination.
(2) The amount referred to in paragraph (1) is $3,000,000 of the
funds appropriated for fiscal year 1998 for Russian cooperative
ballistic missile defense projects as part of the amount appropriated
for that fiscal year for missile defense programs of the Ballistic
Missile Defense Organization.
SEC. 5. DEPARTMENT OF DEFENSE MEASURES TO COUNTER IRAN BALLISTIC
MISSILE THREAT.
(a) Acceleration of Navy Theater-Wide Missile Defense System.--(1)
The amount for the Navy Theater-Wide missile defense system described
in paragraph (2) is hereby authorized and may be used to accelerate the
development of that system through additional testing and risk
reduction.
(2) The amount referred to in paragraph (1) is the amount of
$65,000,000 appropriated for the Navy Theater-Wide missile defense
system for fiscal year 1998 in the Department of Defense Appropriations
Act, 1998, that is in excess of the amount authorized to be
appropriated for that system for fiscal year 1998 in the National
Defense Authorization Act for Fiscal Year 1998.
(b) Other Ballistic Missile Defense Measures.--There is hereby
authorized to be appropriated for the Department of Defense for fiscal
year 1998 for Defense-wide research, development, test, and evaluation
$215,000,000, to be available as follows:
(1) $20,000,000 for the Joint Composite Tracking Network.
(2) $15,000,000 for theater battle management, command,
control, and communications (BM/C<SUP>3</SUP>) to validate the
interoperability of the Army's Theater High-Altitude Area
Defense (THAAD) ground-based radar and to accelerate the final
phases of development leading to operational upgrade of the
Aegis Spy-1 radar.
(3) $5,000,000 for enhancement of integration activities
associated with the capabilities for a reinforced theater
missile defense family of system architectures oriented toward
the threat in the Middle East and Persian Gulf region.
(4) $35,000,000 for two Cobra Gemini radars to improve
tracking and target discrimination.
(5) $15,000,000 to accelerate the remote launch capability
for the Patriot Advanced Capability (PAC-3) missile defense
system, including use of an existing prototype Theater High-
Altitude Area Defense (THAAD) ground-based radar, to enlarge
the area defended by that system.
(6) $25,000,000 to be available for production enhancements
for the PAC-3 system to accelerate operational deployment of
PAC-3 systems.
(7) $100,000,000 to be available for additional Theater
High-Altitude Area Defense (THAAD) User Operational Evaluation
System (UOES) missiles, to provide greater capability to defend
against longer-range Iranian ballistic missiles under
development.
(c) Study of Regional Infrastructure.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on improvements that could be made to the
United States military infrastructure in the Persian Gulf, Middle East,
and surrounding regions to improve the ability of United States Armed
Forces to support attack operations in the Middle East and Persian
Gulf. The Secretary shall include in the report the cost of each
improvement identified in the report.
(d) Limitation.--Funds appropriated pursuant to the authorization
in subsection (b)(7) may be obligated only after a successful THAAD
intercept.
SEC. 6. ISRAELI ARROW MISSILE DEFENSE SYSTEM.
(a) Additional United States Support.--There is hereby authorized
to be appropriated for defense-wide research, development, test, and
evaluation $110,000,000 to be available for support of the Israeli
Arrow tactical ballistic missile defense system, of which--
(1) $20,000,000 is for production enhancements to
accelerate deployment; and
(2) $90,000,000 is for additional missiles in order to
provide for more effective territorial coverage.
(b) Congressional Intent Concerning Arrow System.--The
authorization of appropriations for support of the Israeli Arrow
missile defense system under subsection (a) is a one-time authorization
for the purpose of protecting a United States ally and United States
citizens in the Middle East region in imminent peril.
SEC. 7. IMPLEMENTATION REPORT TO CONGRESS; FUNDING FLEXIBILITY.
(a) Report.--Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to Congress a report
on the Iranian ballistic missile threat in the Middle East and Persian
Gulf regions. The report shall include a description of--
(1) the Secretary's plans for implementation of this Act,
including the Secretary's plan for use of funds appropriated
pursuant to the authorizations of appropriations in this Act;
and
(2) such additional steps as the Secretary considers
appropriate to meet the Iranian ballistic missile threat,
including an assessment of the funding implications of each of
those additional steps.
(b) Funding Flexibility.--If in the report under this section the
Secretary of Defense proposes measures to counter the ballistic missile
threat posed by Iran and proposes specific funding amounts for those
measures as an alternative to the measures and funding authorized by
this Act, the measures and funding proposed by the Secretary (within
the total amount authorized to be appropriated by this Act) shall be
considered to be authorized by law for purposes of section 114(a) of
title 10, United States Code. | Iran Missile Protection Act of 1997 - Directs the Secretary of Defense to enter into discussions with the Government of Russia to obtain information on: (1) the extent of Russian cooperation and assistance in the development by Iran of a ballistic missile capability; and (2) the technical nature of the Iranian ballistic missile capabilities. Prohibits the obligation of $3 million in FY 1998 cooperative ballistic missile defense projects with Russia until the President certifies to the Congress that the Russian Government is providing full cooperation with respect to the release of such information.
Authorizes appropriations for the Navy theater-wide missile defense system to be used to accelerate the development of such system through additional testing and risk reduction. Authorizes additional appropriations for FY 1998 for defense-wide research, development, test, and evaluation (RDT&E) of specified missile defense sytems, radars, networks, and related activities. Directs the Secretary to report to the Congress on U.S. infrastructure changes in the Persian Gulf, Middle East, and surrounding areas that could improve the ability of U.S. armed forces to support attack operations in such areas.
Authorizes appropriations for defense-wide RDT&E for support of the Israeli Arrow tactical ballistic missile defense system to be used to protect a U.S. ally in imminent peril.
Directs the Secretary of Defense to report to the Congress on the Iranian ballistic missile threat in the Middle East and Persian Gulf regions. | {"src": "billsum_train", "title": "Iran Missile Protection Act of 1997"} | 2,190 | 307 | 0.581605 | 1.637385 | 0.843078 | 4.119403 | 7.570896 | 0.88806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Students from Sexual and
Violent Predators Act''.
SEC. 2. BACKGROUND CHECKS.
(a) Background Checks.--Not later than 2 years after the date of
enactment of this Act, each State educational agency that receives
funds under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) shall have in effect policies and procedures
that--
(1) require that a criminal background check be conducted
for each school employee that includes--
(A) a search of the State criminal registry or
repository of the State in which the school employee
resides;
(B) a search of State-based child abuse and neglect
registries and databases of the State in which the
school employee resides;
(C) a Federal Bureau of Investigation fingerprint
check using the Integrated Automated Fingerprint
Identification System; and
(D) a search of the National Sex Offender Registry
established under section 119 of the Adam Walsh Child
Protection and Safety Act of 2006 (42 U.S.C. 16919);
(2) prohibit the employment of a school employee as a
school employee if such employee--
(A) refuses to consent to a criminal background
check under paragraph (1);
(B) makes a false statement in connection with such
criminal background check;
(C) has been convicted of a felony consisting of--
(i) homicide;
(ii) child abuse or neglect;
(iii) a crime against children, including
child pornography;
(iv) spousal abuse;
(v) a crime involving rape or sexual
assault;
(vi) kidnapping;
(vii) arson; or
(viii) physical assault, battery, or a
drug-related offense, committed on or after the
date that is 5 years before the date of such
employee's criminal background check under
paragraph (1); or
(D) has been convicted of any other crime that is a
violent or sexual crime against a minor;
(3) require that each criminal background check conducted
under paragraph (1) be periodically repeated or updated in
accordance with State law or the policies of local educational
agencies served by the State educational agency;
(4) upon request, provide each school employee who has had
a criminal background check under paragraph (1) with a copy of
the results of the criminal background check;
(5) provide for a timely process, by which a school
employee may appeal, but which does not permit the employee to
be employed as a school employee during such appeal, the
results of a criminal background check conducted under
paragraph (1) which prohibit the employee from being employed
as a school employee under paragraph (2) to--
(A) challenge the accuracy or completeness of the
information produced by such criminal background check;
and
(B) establish or reestablish eligibility to be
hired or reinstated as a school employee by
demonstrating that the information is materially
inaccurate or incomplete, and has been corrected;
(6) ensure that such policies and procedures are published
on the website of the State educational agency and the website
of each local educational agency served by the State
educational agency; and
(7) allow a local educational agency to share the results
of a school employee's criminal background check recently
conducted under paragraph (1) with another local educational
agency that is considering such school employee for employment
as a school employee.
(b) Transfer Prohibition.--A local educational agency or State
educational agency that receives funds under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) may not
knowingly transfer or facilitate the transfer of any school employee if
the agency knows, or has substantive reason to believe, that such
employee engaged in sexual misconduct with an elementary school or
secondary school student.
(c) Fees for Background Checks.--
(1) Charging of fees.--The Attorney General, attorney
general of a State, or other State law enforcement official may
charge reasonable fees for conducting a criminal background
check under subsection (a)(1).
(2) Administrative funds.--A local educational agency or
State educational agency may use administrative funds received
under the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.) to pay any reasonable fees charged for
conducting such criminal background check.
(d) Definitions.--In this Act:
(1) In general.--The terms ``elementary school'',
``secondary school'', ``local educational agency'', ``State'',
and ``State educational agency'' have the meanings given the
terms in section 9101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(2) School employee.--The term ``school employee'' means--
(A) a person who--
(i) is an employee of, or is seeking
employment with, a local educational agency, or
State educational agency, that receives Federal
funds under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.);
and
(ii) as a result of such employment, has
(or will have) a job duty that results in
unsupervised access to elementary school or
secondary school students; or
(B)(i) any person, or an employee of any person,
who has a contract or agreement to provide services
with an elementary school, secondary school, local
educational agency, or State educational agency, that
receives Federal funds under the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.); and
(ii) such person or employee, as a result of such
contract or agreement, has a job duty that results in
unsupervised access to elementary school or secondary
school students. | Protecting Students from Sexual and Violent Predators Act Requires states that receive funds under the Elementary and Secondary Education Act of 1965 (ESEA) to: require criminal background checks for each school employee that include searches of the criminal registry or repository of the state in which the employee resides, the child abuse and neglect registries and databases of that state, the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation (FBI), and the National Sex Offender Registry; prohibit the employment of an individual who refuses to consent to, or who makes a false statement in connection with, a background check or who has been convicted of one of specified felonies or of a violent or sexual crime against a minor; require background checks to be periodically repeated or updated in accordance with state law or the policies of the state's local educational agencies (LEAs); provide school employees who have had a background check with a copy of the background check if they request one and a timely process to appeal the results of the background check if it blocks their service as a school employee; ensure that such policies and procedures are published on state and LEA websites; and allow an LEA to share the results of a recent background check on a school employee with another LEA that is considering that individual for employment. Prohibits states and LEAs from knowingly transferring or facilitating the transfer of any school employee if they know, or have substantive reason to believe, that such employee engaged in sexual misconduct with an elementary or secondary school student. Allows: (1) the Attorney General and state law enforcement officials to charge reasonable fees for conducting the background checks, and (2) states and LEAs to use ESEA administrative funds to pay such fees. | {"src": "billsum_train", "title": "Protecting Students from Sexual and Violent Predators Act"} | 1,269 | 377 | 0.676472 | 2.104086 | 0.819118 | 3.433735 | 3.578313 | 0.873494 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Literacy for Homeowners
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) While expanded access to credit from both prime and
subprime lenders has contributed to the highest homeownership
rates in the Nation's history, there is growing evidence that
some lenders are engaging in predatory lending practices--
excessive front-end fees, single-premium credit life insurance,
and exorbitant prepayment penalties--that make homeownership
much more costly for families that can least afford it.
(2) Borrowers with fair to good credit ratings may be able
to obtain loans in the ``prime'' mortgage market, with the
lowest interest rates and costs.
(3) Borrowers with blemished credit histories obtain
mortgage loans in the ``subprime'' mortgage market, with higher
interest rates and loan fees than are obtainable in the prime
market. Some subprime lenders have been making loans on terms
that are regarded as ``predatory''.
(4) Predatory lending involves home mortgages, mortgage
refinancing, home equity loans, and home repair loans with
unjustifiably high interest rates, excessive fees, balloon
payments, prepayment penalties, and the imposition of other
unreasonable, and sometimes fraudulent, terms.
(5) Predatory loans are said to have grown rapidly in
minority neighborhoods, often stripping away wealth that may
have taken owners decades or a lifetime to accumulate.
(6) Some communities that have lacked access to traditional
institutions were being victimized by second mortgage lenders,
home improvement contractors, and finance companies who peddled
high interest rate home equity loans with high loan fees to
cash-poor homeowners. Borrowers, who may not have fully
understood the terms of the loans, and who may not have been
offered adequate disclosures of the loan terms, often have
struggled to meet overwhelming mortgage payments and too often
ultimately lost their homes through foreclosure.
(7) A joint report by the Department of Housing and Urban
Development and the Department of the Treasury, issued June 21,
2000, entitled ``Curbing Predatory Home Mortgage Lending'',
urged the Congress to adopt legislation that would restrict
abusive terms and conditions on high-cost loans, prohibit
harmful sales practices in mortgage markets, improve consumer
literacy and disclosures, prohibit government-sponsored
enterprises from purchasing loans with predatory features, and
establish predatory lending as a factor in evaluations for the
Community Reinvestment Act of 1977.
(8) The joint report proposed a four-point plan to address
predatory lending practices, which included improving consumer
literacy and disclosures by requiring lenders to recommend that
applicants for high-cost loans avail themselves of home
mortgage counseling, to disclose credit scores to all borrowers
upon request, and to give borrowers more timely and more
accurate information on loan costs and terms.
(9) A number of government agencies have become involved in
addressing various aspects of the predatory lending issue in an
attempt to reduce the number of lenders that use high-pressure
telemarketing sales techniques and mislead borrowers about
increases in interest rates and monthly payments on adjustable
rate mortgages.
(10) Predatory lending threatens to undo the work of many
nonprofit organizations that have worked with lenders and local
governments to improve distressed neighborhoods. More needs to
be done to assist borrowers who already have predatory loans,
to educate consumers about the dangers and pitfalls of entering
into a home loan, and to refer consumers to appropriate
governmental agencies or consumer protection organizations for
assistance.
SEC. 3. GRANT PROGRAM FOR EDUCATION AND COUNSELING REGARDING PREDATORY
LENDING.
(a) In General.--The Secretary of the Treasury may make grants
under this section to States, units of general local government, and
nonprofit organizations, which shall be used only for costs of carrying
out eligible anti-predatory lending activities under subsection (b).
(b) Eligible Anti-Predatory Lending Activities.--Amounts from a
grant under this section may be used only for carrying out the
following activities:
(1) Education programs.--For education programs to inform
and educate consumers, particularly those most vulnerable to
being taken advantage of by predatory and unscrupulous lending
practices relating to home loans (such as low-income borrowers
and senior citizens), regarding home mortgages, mortgage
refinancing, home equity loans, and home repair loans with
unjustifiably high interest rates, excessive fees, balloon
payments, prepayment penalties, and the imposition of other
unreasonable, and sometimes fraudulent, terms.
(2) Counseling programs.--For programs, provided only by
organizations certified by the Secretary as competent to
provide homeownership counseling, that counsel homeowners and
prospective homeowners regarding predatory and unscrupulous
lending practices relating to home loans.
(3) Referral services.--For services that provide
referrals, for homeowners and prospective homeowners--
(A) to education and counseling programs described
in paragraphs (1) and (2); or
(B) to appropriate agencies or authorities
responsible for handling consumer complaints,
allegations, or requests for assistance regarding
predatory and unscrupulous lending practices relating
to home loans or for investigating the circumstances
surrounding home loans for possible violations of law.
(c) Eligibility and Application.--To be eligible for a grant under
this section, a State, unit of general local government, or nonprofit
organization shall submit to the Secretary an application for a grant
in such form and including such information as the Secretary shall
require, which shall include such information as the Secretary
considers appropriate to ensure that the grant amounts are used for
activities eligible under subsection (b).
(d) Maximum Grant Amount.--The maximum amount of grant funds that
may be provided under this section to any single grantee for any single
fiscal year shall be $1,000,000.
(e) Selection of Applicants.--The Secretary shall provide for
States, units of general local government, and nonprofit organizations
to submit applications for grants under this section. The Secretary
shall select applications to receive such grants according to selection
criteria, which the Secretary shall establish.
SEC. 4. TOLL-FREE TELEPHONE NUMBER FOR PREDATORY LENDING COMPLAINTS.
The Secretary shall, using any amounts reserved under section 7(1),
provide for the establishment, operation, and publication of a
nationwide toll-free telephone number to receive consumer complaints
regarding predatory and unscrupulous lending practices relating to home
loans, provide information about predatory lending, refer borrowers who
already have predatory loans to the appropriate governmental agencies
or consumer protection organizations for assistance, and coordinate
between existing State and nonprofit community organizations to create
a resource database of information for consumers. Such toll-free
telephone line shall provide for receipt of such consumer complaints
and provision of such information at all times only through an actual
person and not by pre-recorded or recorded means.
SEC. 5. PREDATORY LENDING ADVISORY COUNCIL.
(a) Establishment.--There is established in the Department of the
Treasury a Predatory Lending Advisory Council (in this section referred
to as the ``Council'') to advise the Secretary on policies and issues
relating to predatory and unscrupulous lending practices relating to
home loans.
(b) Membership.--The Council shall be composed of 13 members
appointed by the Secretary, who shall include--
(1) 4 members who are representatives of community-based
organizations that work with consumers, lenders, and State and
local governments to improve distressed neighborhoods, assist
borrowers who already have predatory loans, educate consumers
about the dangers and pitfalls of entering into a home loan,
and refer consumers to appropriate governmental agencies or
consumer protection organizations for assistance;
(2) 3 members who are officials of State agencies or
offices for consumer affairs or consumer protection;
(3) 3 members who are private homeowners who are familiar
with home mortgages, mortgage refinancing, home equity loans,
and home repair loans; and
(4) 3 members who are representatives of the private real
estate industry, such as realtors, mortgage brokers, and
bankers.
(c) Terms and Vacancies.--Members of the Council shall serve terms
of two years, except that, of the initial members appointed, half shall
serve terms of one year and half shall serve terms of two years. A
vacancy in the Council shall be filled in the manner in which the
original appointment was made.
(d) Travel Expenses.--Members of the Council shall serve without
compensation but shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) Chairperson.--The Secretary shall designate a chairperson of
the Council at the time of appointment.
(f) Meetings and Hearings.--The Council shall meet upon the call of
the chairperson, except that the council shall meet not fewer than 3
times per year. The Council shall have the authority, when a majority
of the members deem necessary, to hold public hearings and to take
testimony and receive evidence from individuals and organizations.
(g) Advisory Functions.--The Council shall provide advice to the
Secretary regarding--
(1) the grant program under section 3, including advice
regarding criteria for selection of applications to receive
grant amounts;
(2) the establishment, operation, and publication of the
toll-free telephone number under section 4;
(3) coordination of activities of the Secretary regarding
prevention of predatory and unscrupulous lending practices
relating to home loans with such activities of lending
institutions; and
(4) any other matters regarding predatory and unscrupulous
lending practices relating to home loans that the Secretary
considers appropriate.
(h) Study of Defaults and Foreclosures.--The Council shall conduct
an extensive study of the root causes of default and foreclosure of
home loans, using as much empirical data as are available. The Council
shall submit a report to the Secretary and the Congress, not later than
12 months after the full membership of the Council is first appointed,
regarding the results of the study, which shall include recommendations
for consumer protection legislation regarding predatory and
unscrupulous lending practices relating to home loans.
SEC. 6. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Home loan.--The term ``home loan'' means a loan or
agreement to extend credit made to a natural person, which loan
is secured by a deed to secure debt, security deed, mortgage,
security instrument, deed of trust, or other document
representing a security interest or lien upon any interest in
one- to four-family residential property or a manufactured
home, regardless of where made, including the renewal or
refinancing of any such loan. Such term includes a home equity
line of credit or home improvement loan or other similar
agreement.
(2) Nonprofit organization.--The term ``nonprofit
organization'' has the meaning given such term in section
104(5) of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12704(5)), except that subparagraph (D) of such
section shall not apply for purposes of this Act.
(3) Predatory or unscrupulous lending practice.--The term
``predatory or unscrupulous lending practice'' includes--
(A) making any loan that--
(i) is solely based on the borrower's home
equity;
(ii) is made without regard to the
borrower's ability to repay the obligation; and
(iii) is unaffordable to the borrower, as
may be evidenced by a failure to fully
understand the terms of the loans, a failure to
offer adequate disclosures of the loan terms, a
difficulty in meeting overwhelming mortgage
payments, loss of a home through foreclosure,
or otherwise;
(B) inducing a borrower to refinance a loan
repeatedly and charging additional points and fees,
even though refinancing may not be in the borrower's
interest; and
(C) engaging in fraud or deception to conceal the
true nature of the loan obligation from an unsuspecting
or unsophisticated borrower.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(5) State.--The term ``State'' means each of the several
States, the Commonwealth of Puerto Rico, the District of
Columbia, the Commonwealth of the Northern Mariana Islands,
Guam, the Virgin Islands, American Samoa, the Trust Territories
of the Pacific, or any other possession of the United States.
(6) Unit of general local government.--The term ``unit of
general local government'' means any city, town, township,
parish, village, or other general purpose political subdivision
of a State.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for carrying out this Act
$55,000,000 for each of fiscal years 2008 through 2012, of which--
(1) not more than $2,000,000 in each such fiscal year shall
be for carrying out section 4; and
(2) not more than $5,000,000 in each such fiscal year shall
be for carrying out section 5.
SEC. 8. REGULATIONS.
The Secretary may issue any regulations necessary to carry out this
Act. | Financial Literacy for Homeowners Act - Authorizes the Secretary of the Treasury to make grants to state and local governments and nonprofit organizations to implement anti-predatory lending activities, including: (1) consumer education programs; (2) certified home ownership counseling programs; and (3) referral services for homeowners and prospective homeowners.
Directs the Secretary provide for establishment, operation, and publication of a nationwide toll-free telephone number to receive consumer complaints regarding predatory and unscrupulous lending practices relating to home loans.
Establishes the Predatory Lending Advisory Council to: (1) advise the Secretary; and (2) study and report to the Secretary and Congress on the root causes of default and foreclosure of home loans. | {"src": "billsum_train", "title": "To authorize the Secretary of the Treasury to make grants to States, units of general local government, and nonprofit organizations for counseling and education programs for the prevention of predatory lending and to establish a toll-free telephone number for complaints regarding predatory lending, and for other purposes."} | 2,872 | 147 | 0.519271 | 1.439786 | 0.680182 | 4.080882 | 19.455882 | 0.963235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refundable Child Tax Credit
Eligibility Verification Reform Act of 2013''.
SEC. 2. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE PORTION
OF THE CHILD TAX CREDIT.
(a) In General.--Subsection (d) of section 24 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (4) the
following new paragraph:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to
any taxpayer for any taxable year unless the taxpayer
includes the taxpayer's social security number on the
return of tax for such taxable year.
``(B) Joint returns.--In the case of a joint
return, the requirement of subparagraph (A) shall be
treated as met if the social security number of either
spouse is included on such return.
``(C) Limitation.--Subparagraph (A) shall not apply
to the extent the tentative minimum tax (as defined in
section 55(b)(1)(A)) exceeds the credit allowed under
section 32.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of such Code is amended to read
as follows:
``(I) an omission of a correct social security
number required under section 24(d)(5) (relating to
refundable portion of child tax credit), or a correct
TIN under section 24(e) (relating to child tax credit),
to be included on a return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of such
Code is amended by inserting ``With Respect to Qualifying Children''
after ``Identification Requirement'' in the heading thereof.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED REFUNDABLE
PORTION OF THE CHILD TAX CREDIT IN PRIOR YEAR.
(a) In General.--Subsection (d) of section 24 of the Internal
Revenue Code of 1986 is amended by inserting after paragraph (5) the
following new paragraph:
``(6) Restrictions on taxpayers who improperly claimed
credit in prior year.--
``(A) Taxpayers making prior fraudulent or reckless
claims.--
``(i) In general.--No credit shall be
allowed under this subsection for any taxable
year in the disallowance period.
``(ii) Disallowance period.--For purposes
of clause (i), the disallowance period is--
``(I) the period of 10 taxable
years after the most recent taxable
year for which there was a final
determination that the taxpayer's claim
of credit under this subsection was due
to fraud, and
``(II) the period of 2 taxable
years after the most recent taxable
year for which there was a final
determination that the taxpayer's claim
of credit under this subsection was due
to reckless or intentional disregard of
rules and regulations (but not due to
fraud).
``(B) Taxpayers making improper prior claims.--In
the case of a taxpayer who is denied credit under this
subsection for any taxable year as a result of the
deficiency procedures under subchapter B of chapter 63,
no credit shall be allowed under this subsection for
any subsequent taxable year unless the taxpayer
provides such information as the Secretary may require
to demonstrate eligibility for such credit.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 4. CHECKLIST FOR PAID PREPARERS TO VERIFY ELIGIBILITY FOR
REFUNDABLE PORTION OF THE CHILD TAX CREDIT; PENALTY FOR
FAILURE TO MEET DUE DILIGENCE REQUIREMENTS.
(a) In General.--The Secretary of the Treasury (or the Secretary's
delegate) shall prescribe a form (similar to Form 8867) which is
required to be completed by paid income tax return preparers in
connection with claims for the refundable portion of the child tax
credit under section 24(d) of the Internal Revenue Code of 1986.
(b) Penalty.--Section 6695 of the Internal Revenue Code of 1986
(relating to other assessable penalties with respect to the preparation
of tax returns for other persons) is amended by adding at the end the
following new subsection:
``(h) Failure To Be Diligent in Determining Eligibility for
Refundable Portion of Child Tax Credit.--Any person who is a tax return
preparer with respect to any return or claim for refund who fails to
comply with due diligence requirements imposed by the Secretary by
regulations with respect to determining eligibility for, or the amount
of, the credit allowable by section 24(d) shall pay a penalty of $500
for each such failure.''.
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act. | Refundable Child Tax Credit Eligibility Verification Reform Act of 2013 - Amends the Internal Revenue Code, with respect to the child tax credit, to require taxpayers claiming such credit to provide their social security numbers on their tax returns. Prohibits taxpayers who improperly claimed such credit in a previous year from claiming such credit during a disallowance period of: (1) 2 years for claims made with reckless or intentional disregard of rules governing such credit, or (2) 10 years for fraudulent claims. Requires the Secretary of the Treasury to prescribe a form for completion by paid income tax preparers in connection with claims for the refundable portion of the child tax credit. Imposes a penalty on preparers who fail to comply with due diligence requirements for claiming the refundable portion of the credit. | {"src": "billsum_train", "title": "Refundable Child Tax Credit Eligibility Verification Reform Act of 2013"} | 1,223 | 177 | 0.58483 | 1.475387 | 0.885415 | 2.993151 | 6.849315 | 0.869863 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ephedrine Alkaloids Regulation Act
of 2004''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The United States faces increasing danger related to
methamphetamine trafficking, production, and abuse.
(2) Methamphetamine is a highly addictive drug that can be
readily made from products and precursors purchased from retail
stores. Step-by-step recipes can easily be found on the
Internet, which is a factor in the dramatic increase in the
number of clandestine labs in recent years.
(3) Methamphetamine-producing clandestine laboratories have
been identified by the Drug Enforcement Administration as a
significant threat to the Nation's public health and safety.
The manufacture of methamphetamine produces highly toxic and
unstable chemicals that threaten the well-being of first
responders, law enforcement officers, and the community at-
large.
(4) Methamphetamine production, once exclusively found in
West Coast States, has rapidly moved eastward to the Midwest.
Production can now be found on the East Coast, in the States of
New York and Florida.
(5) Methamphetamine abuse is indiscriminate of age,
socioeconomic level, or race.
(6) Pseudoephedrine is a necessary precursor chemical in
the production of methamphetamine, which prompted the Drug
Enforcement Administration to initiate investigations regarding
the chemical's sale and distribution.
(7) Efforts to reduce access to pseudoephedrine by
methamphetamine producers, such as blister packaging and sales
thresholds, have not been effective deterrents, and
pseudoephedrine tablets remain pervasive in the illicit
production of methamphetamine.
(8) Pseudoephedrine in liquid gel and liquid forms have not
been found to be used in methamphetamine production.
(9) As States and communities attempt to combat and control
methamphetamine through restricting the sale of pseudoephedrine
products, it is incumbent upon the Congress to develop a
uniform standard for the distribution of pseudoephedrine in
tablet form.
SEC. 2. CONTROLLED SUBSTANCES; ADDITION OF EPHEDRINE ALKALOIDS TO
SCHEDULE V.
(a) In General.--Effective upon the expiration of 30 days after the
date of the enactment of this Act, ephedrine alkaloids (including
ephedrine and pseudoesphedrine), and their salts, optical isomers, and
salts of optical isomers, shall be considered to be listed in schedule
V of the schedules of controlled substances established under section
202(c) of the Controlled Substances Act, subject to subsection (b). The
Attorney General shall amend part 1308 of title 21, Code of Federal
Regulations, accordingly.
(b) Certain Forms of Pseudoephedrine.--Subject to the authority of
the Attorney General under the Controlled Substances Act to designate
drugs or other substances as controlled substances or listed
chemicals--
(1) subsection (a) does not apply to pseudoephedrine when
contained in a drug that is in liquid or gel form and is
marketed or distributed lawfully in the United States under the
Federal Food, Drug, and Cosmetic Act; and
(2) pseudoephedrine when so contained shall be considered a
listed chemical.
SEC. 3. REGULATION OF TRANSACTIONS INVOLVING LISTED CHEMICALS;
EXEMPTION FOR CERTAIN DOSAGE FORMS OF PSEUDOEPHEDRINE.
(a) Definition of Regulated Transaction.--Section 102(39)(A)(iv) of
the Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)) is amended--
(1) in the matter preceding subclause (I), by striking
``unless--'' and inserting ``unless, subject to clause (v)--'';
(2) in subclause (I), by inserting ``in liquid or gel
form'' after ``pseudoephedrine'' the first place such term
appears; and
(3) in subclause (II)--
(A) by inserting ``in liquid or gel form'' after
``pseudoephedrine'' the first place such term appears;
and
(B) by striking ``except that'' and all that
follows and inserting the following: ``except that the
threshold for any sale of products containing
pseudoephedrine products in liquid or gel form, or
containing phenylpropanolamine products, by retail
distributors or by distributors required to submit
reports by section 310(b)(3) shall be 9 grams of
pseudoephedrine or 9 grams of phenylpropanolamine in a
single transaction and sold in package sizes of not
more than 3 grams of pseudoephedrine base or 3 grams of
phenylpropanolamine base; or''.
(b) Definition of Ordinary Over-The-Counter Pseudoephedrine or
Phenylpropanolamine Product.--Section 102(45) of the Controlled
Substances Act (21 U.S.C. 802(45)) is amended in the matter preceding
subparagraph (A) by striking ``containing pseudoephedrine or
phenylpropanolamine that'' and inserting ``containing pseudoephedrine
in liquid or gel form, or containing phenylpropanolamine, that''. | Ephedrine Alkaloids Regulation Act of 2004 - Requires ephedrine alkaloids, including ephedrine and pseudoephedrine, to be listed in schedule V (drugs or other substances having a low potential for abuse, that have a currently accepted medical use in treatment in the United States, abuse of which may lead to limited physical or psychological dependence) of the Controlled Substances Act (CSA). Excepts pseudoephedrine when contained in a drug that is in liquid or gel form marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act (which shall be considered a listed chemical).
Amends CSA to revise the definition of: (1) "regulated transaction" to provide that the threshold for any distributor sale of products containing pseudoephedrine products in liquid or gel form, or containing phenylpropanolamine products, shall be nine grams of pseudoephedrine or phenylpropanolamine in a single transaction and sold in package sizes of not more than three grams of pseudoephedrine or phenylpropanolamine base; and (2) "ordinary over-the-counter pseudoephedrine or phenylpropanolamine product" to mean certain products containing pseudoephedrine in liquid or gel form (currently, products containing pseudoephedrine) that meet specified requirements. | {"src": "billsum_train", "title": "To amend the Controlled Substances Act with respect to the regulation of ephedrine alkaloids, including ephedrine and pseudoesphedrine."} | 1,312 | 329 | 0.520521 | 1.582658 | 0.693809 | 3.845455 | 4.304545 | 0.845455 |
SECTION 1. FINANCIAL DISCLOSURE STATEMENTS REQUIRED BY CERTAIN
INTELLIGENCE COMMUNITY EMPLOYEES.
(a) In General.--(1) The head of each component of the intelligence
community of the United States shall submit to the President and the
intelligence committees of Congress a report containing a list of all
positions under the component that are classified at or below a
position of GS-15 of the General Schedule and that require the
individuals occupying the positions to have access to information
critical to the national security interests of the United States.
(2) The reports required by paragraph (1) shall be submitted not
later than 90 days after the date of enactment of this Act.
(3) The President shall submit a report described in paragraph (1)
to the intelligence committees of Congress with respect to staff
positions on the National Security Council.
(b) Disclosure Statements.--Any individual occupying a position
described in subsection (a) during any calendar year who performs the
duties of his position or office for a period in excess of 60 days in
that calendar year shall file with the head of the appropriate agency
or component on or before May 15 of the succeeding year a report
containing the information described in section 102(a) of the Ethics in
Government Act of 1978.
(c) Regulations Required.--The President shall prescribe such
regulations as may be necessary to carry out this section.
(d) Definitions.--For purposes of this section--
(1) the term ``intelligence committees of Congress'' means
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate; and
(2) the term ``intelligence community'' has the meaning
given to that term by section 3(4) of the National Security Act
of 1947.
SEC. 2. FBI COUNTERINTELLIGENCE ACCESS TO CONSUMER CREDIT RECORDS.
Section 608 of the Fair Credit Reporting Act (15 U.S.C. 1681f) is
amended--
(1) by striking ``Notwithstanding'' and inserting ``(a)
Disclosure of Certain Identifying Information.--
Notwithstanding''; and
(2) by adding at the end the following new subsection:
``(b) Disclosures to the FBI for Counterintelligence Purposes.--
``(1) Consumer reports.--Notwithstanding section 604, a
consumer reporting agency shall furnish a consumer report to
the Federal Bureau of Investigation when presented with a
written request for a consumer report, signed by the Director
of the Federal Bureau of Investigation or the Director's
designee (hereafter in this section referred to as the
`Director'), which certifies compliance with this subsection.
The Director's designee may make such a certification only if
the Director has determined in writing that--
``(A) such records are necessary for the conduct of
an authorized foreign counterintelligence
investigation; and
``(B) there are specific and articulable facts
giving reason to believe that the consumer whose
consumer report is sought is a foreign power or an
agent of a foreign power, as defined in section 101 of
the Foreign Intelligence Surveillance Act of 1978.
``(2) Identifying information.--Notwithstanding section
604, a consumer reporting agency shall furnish information
respecting a consumer which shall include, but shall not be
limited to, name, address, former addresses, places of
employment, or former places of employment, to the Federal
Bureau of Investigation when presented with a written request,
signed by the Director, which certifies compliance with this
subsection. The Director may make such a certification only if
the Director has determined in writing that--
``(A) such information is necessary to the conduct
of an authorized foreign counterintelligence
investigation; and
``(B) there is information giving reason to believe
that the consumer has been, or is about to be, in
contact with a foreign power or an agent of a foreign
power, as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978.
``(3) Confidentiality.--A consumer reporting agency, or
officer, employee, or agent of such consumer reporting agency
shall not--
``(A) disclose to any person, other than those
officers, employees, or agents of such agency necessary
to fulfill the requirement to disclose information to
the Federal Bureau of Investigation under this
subsection, that the Federal Bureau of Investigation
has sought or obtained a consumer report or identifying
information respecting any consumer under paragraph (1)
or (2), or
``(B) include in any consumer report any
information that would indicate that the Federal Bureau
of Investigation has sought or obtained such a consumer
report or identifying information.
``(4) Payment of fees.--The Federal Bureau of Investigation
shall, subject to the availability of appropriations, pay to
the consumer reporting agency assembling or providing credit
reports or identifying information in accordance with
procedures established under this title, a fee for
reimbursement for such costs as are reasonably necessary and
which have been directly incurred in searching, reproducing, or
transporting books, papers, records, or other data required or
requested to be produced under this subsection.
``(5) Limit on dissemination.--The Federal Bureau of
Investigation may not disseminate information obtained pursuant
to this subsection outside of the Federal Bureau of
Investigation, except to the Department of Justice as may be
necessary for the approval or conduct of a foreign
counterintelligence investigation.
``(6) Rules of construction.--Nothing in this subsection
shall be construed to prohibit information from being furnished
by the Federal Bureau of Investigation pursuant to a subpoena
or court order, or in connection with a judicial or
administrative proceeding to enforce the provisions of this
title. Nothing in this subsection shall be construed to
authorize or permit the withholding of information from the
Congress.
``(7) Reports to the congress.--On a semiannual basis, the
Attorney General of the United States shall fully inform the
Permanent Select Committee on Intelligence and the Committee on
Banking, Finance and Urban Affairs of the House of
Representatives, and the Select Committee on Intelligence and
the Committee on Banking, Housing, and Urban Affairs of the
Senate concerning all requests made pursuant to paragraphs (1)
and (2).
``(8) Damages.--Any agency or department of the United
States obtaining or disclosing credit reports, records, or
information contained therein in violation of this subsection
is liable to the consumer to whom such records relate in an
amount equal to this sum of--
``(A) $100, without regard to the volume of records
involved;
``(B) any actual damages sustained by the consumer
as a result of the disclosure;
``(C) such punitive damages as a court may allow,
where the violation is found to have been willful or
intentional; and
``(D) in the case of any successful action to
enforce liability under this subsection, the costs of
the action, together with reasonable attorney's fees,
as determined by the court.
``(9) Disciplinary actions for violations.--If a court
determines that any agency or department of the United States
has violated any provision of this subsection and the court
finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee of the
agency or department acted willfully or intentionally with
respect to the violation, the agency or department shall
promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or
employee who was responsible for the violation.
``(10) Good-faith exception.--Any credit reporting agency,
or agent or employee thereof, making a disclosure of credit
reports or identifying information pursuant to this subsection
in good-faith reliance upon a certification by the Federal
Bureau of Investigation pursuant to this subsection shall not
be liable to any person for such disclosure under this title,
the constitution of any State, or any law or regulation of any
State or any political subdivision of any State.
``(11) Limitation of remedies.--The remedies and sanctions
set forth in this subsection shall be the only judicial
remedies and sanctions for violations of this subsection.
``(12) Injunctive relief.--In addition to any other remedy
contained in this subsection, injunctive relief shall be
available to require compliance with this subsection. In the
event of any successful action under this subsection, costs,
together with reasonable attorney's fees, as determined by the
court, may be recovered.''. | Directs the head of each component of the U.S. intelligence community to submit to the President and the congressional intelligence committees a list of all positions that are classified at or below the GS-15 level and that require the individuals to have access to information critical to U.S. national security interests. Requires individuals occupying such positions in excess of 90 days in a calendar year to submit with the head of their agency or component disclosure statements as required under the Ethics in Government Act of 1978.
Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to file with the Federal Bureau of Investigation (FBI) when requested a consumer report concerning an individual when the FBI Director has certified that: (1) such records are necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there is sufficient reason to believe that the subject of the report is a foreign power or agent. Outlines information with respect to: (1) identifying information required to be included by a CRA in the report: (2) CRA protection of confidentiality requirements; (3) FBI fee payments for such reports; (4) FBI information dissemination limits; (5) required congressional reports by the Attorney General with respect to all such requests; (6) authorized damages to the consumer for unauthorized receipt or disclosure of such information; (7) disciplinary actions against violators; (8) good faith exceptions for CRA reliance on an FBI certification; and (9) injunctive relief. | {"src": "billsum_train", "title": "A bill to require certain disclosures of financial information to expose espionage activities by foreign agents in the United States."} | 1,833 | 308 | 0.686792 | 2.195118 | 0.834643 | 2.585366 | 5.968641 | 0.891986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Productivity, Opportunity, and
Prosperity Act of 2001''.
SEC. 2. CREDIT FOR EXPENSES FOR REMEDIAL EDUCATION FOR EMPLOYEES.
(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. 45E. REMEDIAL EDUCATION CREDIT.
``(a) General Rule.--For purposes of section 38, the amount of the
remedial education credit determined under this section with respect to
any employer for any taxable year is an amount equal to 30 percent of
the qualified remedial education expenditures of the taxpayer for such
taxable year.
``(b) Definitions.--For purposes of this section--
``(1) Qualified remedial education expenditure.--The term
`qualified remedial education expenditure' means any amount
paid or incurred by the taxpayer for remedial education
provided for any employee of the taxpayer.
``(2) Remedial education.--The term `remedial education'
means a written plan of study and training in literacy and
numeracy, including the study of English as a second language.
``(c) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 51(a) and 1396(a) with respect to
any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(d) Controlled Groups.--For purposes of this section, all persons
treated as a single employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 (relating to general
business credit) is amended by striking ``plus'' at the end of
paragraph (12), by striking the period at the end of paragraph (13) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(14) in the case of an employer, the remedial education
credit determined under section 45E(a).''.
(c) Denial of Double Benefit.--Section 280C of the Internal Revenue
Code of 1986 (relating to certain expenses for which credits are
allowable) is amended by adding at the end the following new
subsection:
``(d) Remedial Education Credit.--No deduction shall be allowed for
that portion of the expenses otherwise allowable as a deduction for the
taxable year which is equal to the amount of the credit determined for
the taxable year under section 45E(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45E. Remedial education credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred in the taxable years beginning after
the date of the enactment of this Act.
SEC. 3. INVESTMENT TAX CREDIT FOR QUALIFIED INFORMATION TECHNOLOGY
PROPERTY.
(a) Allowance of Small Business Digital Divide Credit.--Section 46
of the Internal Revenue Code of 1986 (relating to investment credits)
is amended by striking ``and'' at the end of paragraph (2), by striking
the period at the end of paragraph (3) and inserting ``, and'', and by
adding after paragraph (3) the following new paragraph:
``(4) the small business digital divide credit.''.
(b) Amount of Small Business Digital Divide Credit.--
(1) In general.--Section 48 of the Internal Revenue Code of
1986 (relating to the energy credit and the reforestation
credit) is amended by adding at the end the following new
subsection:
``(c) Small Business Digital Divide Credit.--
``(1) In general.--For purposes of section 46, in the case
of a small business employer, the small business digital divide
credit for any taxable year is 10 percent of the taxpayer's
basis in qualified information technology property placed in
service during such taxable year.
``(2) Definitions.--For purposes of this subpart--
``(A) Qualified information technology property.--
The term `qualified information technology property'
means computer technology and equipment (as defined in
section 170(e)(6)(F)(i)).
``(B) Small business employer.--
``(i) In general.--The term `small business
employer' means, with respect to any taxable
year, any employer who employed an average of
100 or fewer employees on business days during
such taxable year.
``(ii) Controlled groups.--For purposes of
clause (i), all persons treated as a single
employer under subsection (b), (c), (m), or (o)
of section 414 shall be treated as a single
employer.
``(3) Termination.--This subsection shall not apply to any
property placed in service after December 31, 2002.''.
(c) Basis Adjustment To Reflect Investment Credit.--Paragraph (3)
of section 50(c) of the Internal Revenue Code of 1986 (relating to
basis adjustment to investment credit property) is amended by striking
``energy credit or reforestation credit'' and inserting ``energy
credit, reforestation credit, or small business digital divide
credit''.
(d) Application of At-Risk Rules.--Subparagraph (C) of section
49(a)(1) of the Internal Revenue Code of 1986 (relating to certain
nonrecourse financing excluded from credit basis) is amended by
striking ``and'' at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, and'', and by adding at the
end the following new clause:
``(iv) the basis of qualified information
technology property.''.
(e) Clerical Amendments.--
(1) Section 48 of the Internal Revenue Code of 1986 is
amended by striking the heading and inserting the following:
``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; SMALL BUSINESS DIGITAL
DIVIDE CREDIT.''.
(2) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Energy credit; reforestation
credit; small business digital
divide credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 4. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to 50-percent exclusion
for gain from certain small business stock) is amended by
striking ``50 percent'' and inserting ``100 percent''.
(2) Conforming amendments.--
(A) Subparagraph (A) of section 1(h)(5) of such
Code is amended to read as follows:
``(A) collectibles gain, over''.
(B) Section 1(h) of such Code is amended by
striking paragraph (8).
(C) Paragraph (9) of section 1(h) of such Code is
amended by striking ``, gain described in paragraph
(7)(A)(i), and section 1202 gain'' and inserting ``and
gain described in paragraph (7)(A)(i)''.
(D) Section 1(h) of such Code is amended by
redesignating paragraphs (9) (as amended by
subparagraph (C)), (10), (11), (12), and (13) as
paragraphs (8), (9), (10), (11), and (12),
respectively.
(E) The heading for section 1202 of such Code is
amended by striking ``partial'' and inserting ``100-
percent''.
(F) The table of sections for part I of subchapter
P of chapter 1 of such Code is amended by striking
``Partial'' in the item relating to section 1202 and
inserting ``100-percent''.
(b) Reduction in Holding Period.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to partial exclusion
for gains from certain small business stock) is amended by
striking ``5 years'' and inserting ``3 years''.
(2) Conforming amendment.--Subsections (g)(2)(A) and
(j)(1)(A) of section 1202 of such Code are each amended by
striking ``5 years'' and inserting ``3 years''.
(c) Exclusion Available to Corporations.--
(1) In general.--Subsection (a) of section 1202 of the
Internal Revenue Code of 1986 (relating to partial exclusion
for gains from certain small business stock) is amended by
striking ``other than a corporation''.
(2) Technical amendment.--Subsection (c) of section 1202 of
such Code is amended by adding at the end the following new
paragraph:
``(4) Stock held among members of controlled group not
eligible.--Stock of a member of a parent-subsidiary controlled
group (as defined in subsection (d)(3)) shall not be treated as
qualified small business stock while held by another member of
such group.''.
(d) Repeal of Minimum Tax Preference.--
(1) In general.--Subsection (a) of section 57 of the
Internal Revenue Code of 1986 (relating to items of tax
preference) is amended by striking paragraph (7).
(2) Technical amendment.--Subclause (II) of section
53(d)(1)(B)(ii) of such Code is amended by striking ``, (5),
and (7)'' and inserting ``and (5)''.
(e) Stock of Larger Businesses Eligible for Exclusion.--
(1) In general.--Paragraph (1) of section 1202(d) of the
Internal Revenue Code of 1986 (defining qualified small
business) is amended by striking ``$50,000,000'' each place it
appears and inserting ``$300,000,000''.
(2) Inflation adjustment.--Section 1202(d) of such Code
(defining qualified small business) is amended by adding at the
end the following:
``(4) Inflation adjustment of asset limitation.--In the
case of stock issued in any calendar year after 2002, the
$300,000,000 amount contained in paragraph (1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2001' for `calendar year 1992' in
subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''.
(f) Repeal of Per-Issuer Limitation.--Section 1202(b) of the
Internal Revenue Code of 1986 (relating to per-issuer limitations on
taxpayer's eligible gain) is repealed.
(g) Other Modifications.--
(1) Repeal of working capital limitation.--Section
1202(e)(6) of the Internal Revenue Code of 1986 (relating to
working capital) is amended--
(A) in subparagraph (B), by striking ``2 years''
and inserting ``5 years''; and
(B) by striking the last sentence.
(2) Exception from redemption rules where business
purpose.--Section 1202(c)(3) of such Code (relating to certain
purchases by corporation of its own stock) is amended by adding
at the end the following new subparagraph:
``(D) Waiver where business purpose.--A purchase of
stock by the issuing corporation shall be disregarded
for purposes of subparagraph (B) if the issuing
corporation establishes that there was a business
purpose for such purchase and one of the principal
purposes of the purchase was not to avoid the
limitations of this section.''.
(h) Qualified Trade or Business.--Section 1202(e)(3) of the
Internal Revenue Code of 1986 (defining qualified trade or business) is
amended by inserting ``and'' at the end of subparagraph (C), by
striking ``, and'' at the end of subparagraph (D) and inserting a
period, and by striking subparagraph (E).
(i) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section apply to stock issued after the
date of the enactment of this Act.
(2) Special rule.--The amendments made by subsections (a),
(c), (e), (f), and (g)(1) apply to stock issued after August
10, 1993.
SEC. 5. REPEAL OF MINIMUM TAX PREFERENCE FOR EXCLUSION FOR INCENTIVE
STOCK OPTIONS.
(a) In General.--Subsection (b) of section 56 of the Internal
Revenue Code of 1986 (relating to adjustments in computing alternative
minimum taxable income) is amended by striking paragraph (3).
(b) Effective Date.--The amendment made by this section shall apply
to options exercised in calendar years beginning after the date of the
enactment of this Act.
SEC. 6. 3-YEAR DEPRECIABLE LIFE FOR SEMICONDUCTOR MANUFACTURING
EQUIPMENT.
(a) In General.--Subparagraph (A) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (ii), by striking
the period at the end of clause (iii) and inserting ``, and'', and by
adding at the end the following new clause:
``(iv) any semiconductor manufacturing equipment.''
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 168(e)(3) of the Internal
Revenue Code of 1986 is amended--
(A) by striking clause (ii),
(B) by redesignating clauses (iii) through (vi) as
clauses (ii) through (v), respectively, and
(C) by striking ``clause (vi)(I)'' in the last
sentence and inserting ``clause (v)(I)''.
(2) Subparagraph (B) of section 168(g)(3) of such Code is
amended by striking the items relating to subparagraph (B)(ii)
and subparagraph (B)(iii) and inserting the following:
``(A)(iv).............................. 3
``(B)(ii).............................. 9.5''.
(c) Effective Date.--The amendments made by this section shall
apply to equipment placed in service after the date of the enactment of
this Act. | Productivity, Opportunity, and Prosperity Act of 2001 - Amends the Internal Revenue Code to: (1) allow a credit to an employer for qualified remedial education expenses provided to an employee; (2) allow a small business digital divide credit; (3) double from 50 percent to 100 percent the exclusion for gain from the sale or exchange of qualified small business stock held more than five years; (4) repeal the minimum tax preference for the exclusion for incentive stock options; and (5) provide for a three-year depreciable life for any semiconductor manufacturing equipment. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow small business employers certain credits against income tax, and for other purposes."} | 3,529 | 119 | 0.448664 | 1.227112 | 0.586385 | 2.45045 | 27.306306 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Monetary Stability Act
of 2001''.
SEC. 2. FINDINGS; STATEMENT OF POLICY.
(a) Findings.--Congress finds that--
(1) monetary stability is necessary for strong long-term
economic growth and higher standards of living;
(2) many emerging market countries lack monetary stability
and have therefore suffered economic and financial problems
that reduce their economic growth and living standards,
including currency crises, financial fragility, inflation
expectations that are built into labor markets, and high and
volatile inflation rates and interest rates;
(3) there has been growing international interest in
official dollarization, whereby a country substantially or
totally eliminates its domestic currency and adopts the United
States dollar as legal tender;
(4) official dollarization enables a country to import
monetary stability, thereby bringing inflation and interest
rates down toward the levels of the United States;
(5) greater monetary stability helps increase long-term
economic growth and raise living standards in emerging market
countries;
(6) by increasing trade and investment flows and decreasing
the need for foreign assistance, greater economic growth and
higher living standards abroad would serve the interests of the
United States;
(7) countries that become officially dollarized lose
seigniorage (the profit from issuing a currency), and this is a
significant barrier to official dollarization;
(8) official dollarization would increase the seigniorage
earnings of the United States;
(9) it would be mutually beneficial for the United States
to encourage official dollarization by offering to share with
countries that become officially dollarized a portion of the
extra seigniorage earnings that the United States would earn;
and
(10) encouraging official dollarization complements ongoing
efforts by the United States to strengthen the international
financial architecture.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) the Federal Reserve System has no obligation to act as
a lender of last resort to the financial systems of dollarized
countries;
(2) the Federal Reserve System has no obligation to
consider the economic conditions of dollarized countries when
formulating or implementing monetary policy;
(3) the supervision of financial institutions in dollarized
countries remains the responsibility of those countries; and
(4) in the absence of qualification by the Secretary of the
Treasury under section 3, countries are free to dollarize
unilaterally.
SEC. 3. QUALIFICATION.
(a) In General.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') may qualify a country as officially
dollarized for purposes of this Act, after consideration of whether the
country has--
(1) ceased issuing a local paper currency;
(2) extinguished a substantial portion of the domestic
currency in circulation, with plans to extinguish as much of
that currency as feasible;
(3) granted legal tender status to the United States
dollar; and
(4) substantially redenominated its prices, assets, and
liabilities in United States dollars;
(b) Other Considerations.--In deciding whether to qualify a country
as officially dollarized under this section, the Secretary may consider
any additional factors the Secretary deems relevant.
(c) Statement by Secretary.--The Secretary shall issue a written
statement on qualification of a country under this section that
explains why the country has been qualified.
(d) Limitation.--The Secretary may not qualify a United States
territory or commonwealth as officially dollarized for purposes of this
Act.
SEC. 4. PAYMENTS.
(a) In General.--Beginning with the 1st business day of the 4th
full calendar month after the date a country is qualified under section
3, the Secretary shall, every 3 months, pay the government of the
country an amount equal to 21.25 percent of D, multiplied by I,
multiplied by P2, divided by P1.
(b) Definitions.--In subsection (a):
(1) D.--The term ``D'' means the lesser of--
(A) the dollar amount of Federal reserve notes the
country acquired from the Federal Reserve System for
purposes of official dollarization under this Act; or
(B) the dollar value of the domestic currency of
the country in circulation in the country before the
country was qualified.
(2) I.--The term ``I'' means the average yield to maturity
on 90-day Treasury bills in the most recent 3 calendar month
period occurring before the date of payment under subsection
(a), except that if a 90-day Treasury bill is not issued during
the 3-month period, the Secretary may substitute an appropriate
alternative interest rate.
(3) P1.--The term ```P1'' means the nonseasonally adjusted
United States City Average All Items Consumer Price Index for
All Urban Consumers for the month falling three months before
the most recent month occurring before the date of payment
under subsection (a) for which data are available, except that
if the price measure is discontinued or, in the judgment of the
Secretary, altered in a manner that is materially adverse to
the interests of the United States, the Secretary may, after
consultation with the Bureau of Labor Statistics, substitute an
appropriate alternative index.
(4) P2.--The term ``P2'' means the nonseasonally adjusted
United States City Average All Items Consumer Price Index for
All Urban Consumers for the most recent month occurring before
the date of payment under subsection (a) for which data are
available, except that if the price measure is discontinued or,
in the judgment of the Secretary, altered in a manner that is
materially adverse to the interests of the United States, the
Secretary may, after consultation with the Bureau of Labor
Statistics, substitute an appropriate alternative index.
SEC. 5. PREVIOUSLY DOLLARIZED COUNTRIES.
(a) Limitation.--The Secretary of the Treasury may not make a
payment under section 3 to the British Virgin Islands, East Timor, the
Republic of El Salvador, the Republic of the Marshall Islands, the
Federated States of Micronesia, the Republic of Palau, the Republic of
Panama, or the Turks and Caicos Islands until 10 percent of the
payments made countries not specified in this subsection equals or
exceeds the total of the payments that would be made in accordance with
subsection (b) of this section to the countries specified in this
subsection on qualification of the countries.
(b) Payment Calculation.--On qualification under section 3 of a
country specified in subsection (a) of this section, the Secretary of
the Treasury shall make payments to the country pursuant to section 4,
except that in applying section 4, the term ``D'' means an amount equal
to 4 percent of the nominal dollar gross domestic product for the
country, as calculated by the International Bank for Reconstruction and
Development (or other recognized statistical authority), as of June 1,
2001, for calendar year 1999.
SEC. 6. DISQUALIFICATION AND PAYMENT CANCELLATION.
(a) Limitation.--The Secretary shall disqualify, and cease making
payments to, a country under this Act if--
(1) the United States declares war on the country; or
(2) the Secretary determines that the country is no longer
officially dollarized in accordance with this Act, and issues a
written public statement to that effect that lists the reasons
for the determination.
(b) Considerations.--In making a determination under this section,
the Secretary shall consider the factors listed in section 3(a) and any
additional factors that the Secretary deems relevant.
SEC. 7. REGULATIONS.
The Secretary may issue such regulations as are appropriate to
carry out this Act.
SEC. 8. EXPENSES.
The amounts in the stabilization fund established by section 5302
of title 31, United States Code, (or, if the amounts in the
stabilization fund are not sufficient, the amounts deposited in the
surplus funds of the Federal Reserve Banks in accordance with section
7(a)(2) of the Federal Reserve Act) shall be available to cover the
expenses and payments under this Act. | International Monetary Stability Act of 2001 - Authorizes the Secretary of the Treasury to qualify a country as officially dollarized (when a country substantially or totally eliminates its domestic currency and adopts the U.S. dollar as legal tender), after consideration of whether the country has taken specified actions with respect to its currency. Directs the Secretary, upon qualification of a country, to pay to the government of such country, every three months, an amount determined according to a specified formula. Prohibits the Secretary from making payment to previously dollarized British Virgin Islands, East Timor, the Republic of El Salvador, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, the Republic of Panama, or the Turks and Caicos Islands, until specified conditions are met. | {"src": "billsum_train", "title": "To promote international monetary stability and to share seigniorage with officially dollarized countries."} | 1,727 | 177 | 0.473507 | 1.403969 | 0.786774 | 5.027211 | 11.095238 | 0.918367 |
SECTION 1. COLLECTION OF PAST-DUE LEGALLY ENFORCEABLE LOCAL GOVERNMENT
TAX OBLIGATIONS.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
(relating to authority to make credits or refunds) is amended by
redesignating subsections (g) through (l) as subsections (h) through
(m), respectively, and by inserting after subsection (f) the following:
``(g) Collection of Past-Due Legally Enforceable Local Government
Tax Obligations.--
``(1) In general.--Upon receiving notice from any State on
behalf of a local government, or from any eligible local
government, that a named person owes a past-due, legally
enforceable local government tax obligation to the local
government, the Secretary shall, under such conditions as may
be prescribed by the Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such tax obligation;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A)--
``(i) to such State for purposes of payment
by the State to the local government on behalf
of which such State submitted the notice; or
``(ii) to the eligible local government
that submitted the notice;
``(C) notify the State or eligible local government
of the person's name, taxpayer identification number,
address, and the amount collected; and
``(D) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
tax obligation.
``(2) Priorities for offset.--Any overpayment by a person
shall be reduced pursuant to this subsection--
``(A) after such overpayment is reduced pursuant
to--
``(i) subsection (a) with respect to any
liability for any internal revenue tax on the
part of the person who made the overpayment;
``(ii) subsection (c) with respect to past-
due support;
``(iii) subsection (d) with respect to any
past-due, legally enforceable debt owed to a
Federal agency;
``(iv) subsection (e) with respect to any
past-due, legally enforceable State income tax
obligation; and
``(v) subsection (f) with respect to any
covered unemployment compensation debt; and
``(B) before such overpayment is credited to the
future liability for any Federal internal revenue tax
of such person.
If the Secretary receives notice from one or more States or
eligible local governments of more than one tax obligation
subject to paragraph (1) that is owed by such person to any
local government, any overpayment by such person shall be
applied against such debts in the order in which such notices
were filed.
``(3) Notice; consideration of evidence.--
``(A) State.--No State may take action under this
subsection (on behalf of a local government) until the
local government certifies to the State that the local
government--
``(i) has notified the person owing the
past-due, legally enforceable local government
tax obligation by certified mail with return
receipt that the State (on behalf of the local
government) proposes to take action pursuant to
this section;
``(ii) has given such person at least 60
days to present evidence that all or part of
such liability is not past-due or not legally
enforceable;
``(iii) has considered any evidence
presented by such person and has determined
that an amount of such debt is past-due and
legally enforceable; and
``(iv) has satisfied such other conditions
as the Secretary may prescribe to ensure that
the determination made under clause (iii) is
valid and that the local government has made
reasonable efforts to obtain payment of such
tax obligation.
``(B) Eligible local government.--No eligible local
government may take action under this subsection until
the local government--
``(i) has notified the person owing the
past-due, legally enforceable local government
tax obligation by certified mail with return
receipt that the local government proposes to
take action pursuant to this section;
``(ii) has given such person at least 60
days to present evidence that all or part of
such liability is not past-due or not legally
enforceable;
``(iii) has considered any evidence
presented by such person and has determined
that an amount of such debt is past-due and
legally enforceable; and
``(iv) has satisfied such other conditions
as the Secretary may prescribe to ensure that
the determination made under clause (iii) is
valid and that the local government has made
reasonable efforts to obtain payment of such
tax obligation.
``(4) Past-due, legally enforceable local government tax
obligation.--In this subsection, the term `past-due, legally
enforceable local government tax obligation' means a tax debt--
``(A)(i) which resulted from--
``(I) a judgment rendered by a court of
competent jurisdiction which has determined an
amount of tax to be due to a local government;
or
``(II) a determination after an
administrative hearing which has determined an
amount of tax to be due to a local government;
and
``(ii) which is no longer subject to judicial
review; or
``(B) which resulted from a tax imposed by a local
government which has been assessed but not collected,
the time for redetermination of which has expired, and
which has not been delinquent for more than 10 years.
``(5) Eligible local government.--For purposes of this
subsection, the term `eligible local government' means a
municipality described in clause (ii) of section 6103(b)(5)(A).
``(6) Regulations.--The Secretary shall issue regulations
prescribing the time and manner in which States (on behalf of
local governments) and eligible local governments must submit
notices of past-due, legally enforceable local government tax
obligations and the necessary information that must be
contained in or accompany such notices. The regulations shall
specify the types of taxes and the minimum amount of debt to
which the reduction procedure established by paragraph (1) may
be applied. The regulations may require States (on behalf of
local governments) and eligible local governments to pay a fee
to reimburse the Secretary for the cost of applying such
procedure. Any fee paid to the Secretary pursuant to the
preceding sentence shall be used to reimburse appropriations
which bore all or part of the cost of applying such procedure.
``(7) Erroneous payment to state or local government.--Any
State or eligible local government receiving notice from the
Secretary that an erroneous payment has been made to such State
or eligible local government with respect to a notice by the
State (on behalf of a local government) or notice by the
eligible local government under paragraph (1) shall pay
promptly to the Secretary, in accordance with such regulations
as the Secretary may prescribe, an amount equal to the amount
of such erroneous payment (without regard to whether any other
amounts payable to such State or eligible local government
under such paragraph have been paid to such State or eligible
local government).''.
(b) Disclosure of Return Information.--Section 6103(l)(10) of the
Internal Revenue Code of 1986 (relating to disclosure of certain
information to agencies requesting a reduction under subsection (c),
(d), or (e) of section 6402) is amended by striking ``or (f)'' each
place it appears in the text and heading and inserting ``(f), or (g)''.
(c) Conforming Amendments.--
(1) Section 6402(a) of the Internal Revenue Code of 1986 is
amended by striking ``and (f)'' and inserting ``(f), and (g)''.
(2) Paragraph (2) of section 6402(d) of such Code is
amended by striking ``and (f)'' and inserting ``, (f), and
(g)''.
(3) Section 6402(h) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(4) Section 6402(j) of such Code, as so redesignated, is
amended by striking ``or (f)'' and inserting ``(f), or (g)''.
(d) Effective Date.--The amendments made by this section shall
apply to refunds payable after the date of the enactment of this Act. | Amends the Internal Revenue Code to direct the Secretary of the Treasury, upon receiving notice from a state or local government that a named individual owes a past-due legally enforceable tax obligation to a local goverment, to pay such tax debt from any federal tax refund due to such individual, after notifying such individual of the offset. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow certain local tax debts to be collected through the reduction of Federal tax refunds."} | 1,899 | 78 | 0.506481 | 1.344186 | 0.766205 | 2 | 28.507937 | 0.825397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Elder Serve Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The proportion of the United States population 60 years
of age or older will drastically increase in the next 30 years
as more than 76,000,000 baby boomers approach retirement and
old age.
(2) Every year an estimated 2.1 million older Americans are
victims of physical, psychological, or other forms of abuse and
neglect.
(3) Elder abuse, neglect, and exploitation have no
boundaries, and cross all racial, social class, gender, and
geographic lines.
(4) For every case of elder abuse and neglect reported to
authorities, experts estimate that there may be as many as 5
cases not reported.
(5) Nearly 70 percent of the annual caseloads of Adult
Protective Service agencies involve elder abuse.
(6) The most recent Bureau of Justice Statistics report
states that 90 percent of elder abuse and neglect incidents are
by known perpetrators, usually family members, and 2/3 of such
incidents are by adult children or spouses.
SEC. 3. ESTABLISHMENT OF ELDER SERVE COORDINATING COUNCILS PILOT
PROGRAMS.
(a) Establishment.--The Attorney General, acting through the
Director of the Office of Victims of Crime of the Department of Justice
(in this section referred to as the ``Director''), shall carry out a
three-year grant program to be known as the Elder Serve Coordinating
Councils grant program (in this section referred to as the ``Program'')
to provide grants to eligible entities to establish pilot programs to
facilitate and coordinate programs described in subsection (e) for
victims of elder abuse.
(b) Eligibility Requirements for Grantees.--To be eligible to
receive a grant under the Program, an entity must meet the following
criteria:
(1) Eligible crime victim assistance program.--The entity
is a crime victim assistance program receiving a grant under
the Victims of Crime Act of 1984 (42 U.S.C. 1401 et seq.) for
the period described in subsection (c)(2) with respect to the
grant sought under this section.
(2) Coordination with local community based agencies and
services.--The entity shall demonstrate to the satisfaction of
the Director that such entity has a record of community
coordination or established contacts with other county and
local services that serve elderly individuals.
(3) Ability to create ecrt on timely basis.--The entity
shall demonstrate to the satisfaction of the Director the
ability of the entity to create, not later than 6 months after
receiving such grant, an Emergency Crisis Response Team program
described in subsection (e)(1) and the programs described in
subsection (e)(2).
For purposes of meeting the criteria described in paragraph (2), for
each year an entity receives a grant under this section the entity
shall provide a record of community coordination or established
contacts described in such paragraph through memorandums of
understanding, contracts, subcontracts, and other such documentation.
(c) Administrative Provisions.--
(1) Consultation.--Each pilot program established pursuant
to this section shall be developed and carried out in
consultation with the following entities:
(A) Elder Serve Incorporated of Louisville,
Kentucky.
(B) Relevant Federal, State, and local public and
private agencies and entities, relating to elder abuse,
neglect, and exploitation and other crimes against
elderly individuals.
(C) Local law enforcement including police,
sheriffs, detectives, public safety officers,
corrections personnel, prosecutors, medical examiners,
investigators, and coroners.
(D) Long term care and nursing facilities.
(2) Grant period.--Grants under the Program shall be issued
for a three-year period.
(3) Locations.--The Program shall be carried out in six
geographically and demographically diverse locations, taking
into account--
(A) the number of elderly individuals residing in
or near an area; and
(B) the difficulty of access to immediate short-
term housing and health services for victims of elder
abuse.
(d) Personnel.--In providing care and services, each pilot program
established pursuant to this section may employ a staff to assist in
creating an Emergency Crisis Response Teams under subsection (e)(1).
(e) Use of Grants.--
(1) Emergency crisis response team.--Each entity that
receives a grant under this section shall use such grant to
establish an Emergency Crisis Response Team program by not
later than the date that is six months after the entity
receives the grant. Under such program the following shall
apply:
(A) Such program shall include immediate, short-
term emergency services, including shelter, care
services, food, clothing, transportation to medical or
legal appointment as appropriate, and any other life-
services deemed necessary by the entity for victims of
elder abuse.
(B) Such program shall provide services only to
victims of elder abuse who have been referred to the
program through the adult protective services agency of
the local law enforcement or any other relevant law
enforcement or referral agency.
(C) A victim of elder abuse may not receive short-
term housing under the program for more than five
consecutive days.
(D) The entity that established the program shall
enter into arrangements with the relevant local law
enforcement agencies so that the program receives
weekly reports from such agencies on elder abuse.
(2) Additional services required to be provided.--Not later
than one year after the date an entity receives a grant under
this section, such entity shall have established the following
programs (and community collaborations to support such
programs):
(A) Counseling.--A program that provides counseling
and assistance for victims of elder abuse accessing
health care, educational, pension, or other benefits
for which seniors may be eligible under Federal or
applicable State law.
(B) Mental health screening.--A program that
provides mental health screenings for victims of elder
abuse to identify and seek assistance for potential
mental health disorders such as depression or substance
abuse.
(C) Emergency legal advocacy.--A program that
provides legal advocacy for victims of elder abuse.
(D) Job placement assistance.--A program that
provides job placement assistance and information on
employment, training, or volunteer opportunities for
victims of elder abuse.
(E) Bereavement counseling.--A program that
provides bereavement counseling for families of victims
of elder abuse.
(F) Other services.--A program that provides such
other care, services, and assistance as the entity
considers appropriate for purposes of the pilot
program.
(f) Technical Assistance.--The Director shall enter into contracts
with private entities with experience in elder abuse coordination to
provide such technical assistance to grantees under this section as the
entity determines appropriate.
(g) Reports to Congress.--Not later than 12 months after the
commencement of the Program, and every 6 months thereafter (before
months beginning after the last day of the Program), the entity shall
submit to the Chairman and Ranking Member of the Committee on the
Judiciary of the House of Representatives, the Chairman and Ranking
Member of the Special Committee on Aging of the Senate, and the
Chairman and Ranking Member of other relevant committees with
jurisdiction a report on the progress of the Program. Each report for a
period shall include the following:
(1) A description and assessment of the implementation of
the Program.
(2) An assessment of the effectiveness of the pilot program
in providing care and services to seniors, including a
comparative assessment of effectiveness for each of the
locations designated under subsection (c)(3) for the Program.
(3) An assessment of the effectiveness of the coordination
for programs described in subsection (e) in contributing toward
the effectiveness of the Program.
(4) Such recommendations as the entity considers
appropriate for modifications of the Program in order to better
provide care and services to seniors.
(h) Definitions.--For purposes of this section:
(1) Elder abuse.--The term ``elder abuse'' means any type
of violence or abuse, whether mental or physical, inflicted
upon an elderly individual.
(2) Elderly individual.--The term ``elderly individual''
means an individual who is age 65 or older.
(i) Authorization of Appropriations.--There is authorized to be
appropriated for the Department of Justice to carry out this section
$3,000,000 for each of the fiscal years 2009 through 2011. | Elder Serve Act of 2008 - Directs the Attorney General, acting through the Director of the Office of Victims of Crime of the Department of Justice (DOJ), to carry out a three-year Elder Serve Coordinating Councils grant program to provide grants to eligible entities to establish pilot programs to facilitate and coordinate Emergency Crisis Response Team programs to provide short-term emergency services for victims of elder abuse.
Requires grant recipients, within one year, to establish counseling, mental health screening, legal advocacy, job placement assistance, and family bereavement counseling programs for such victims. | {"src": "billsum_train", "title": "To establish pilot programs that provide for emergency crisis response teams to combat elder abuse."} | 1,784 | 122 | 0.538956 | 1.49691 | 0.577665 | 4.688073 | 15.651376 | 0.944954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yankton Sioux Tribe and Santee Sioux
Tribe Equitable Compensation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) by enacting the Act of December 22, 1944, commonly
known as the ``Flood Control Act of 1944'' (58 Stat. 887,
chapter 665; 33 U.S.C. 701-1 et seq.) Congress approved the
Pick-Sloan Missouri River Basin program (referred to in this
section as the ``Pick-Sloan program'')--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the waters impounded for the Fort Randall and Gavins
Point projects of the Pick-Sloan program have inundated the
fertile, wooded bottom lands along the Missouri River that
constituted the most productive agricultural and pastoral lands
of, and the homeland of, the members of the Yankton Sioux Tribe
and the Santee Sioux Tribe;
(3) the Fort Randall project (including the Fort Randall
Dam and Reservoir) overlies the western boundary of the Yankton
Sioux Tribe Indian Reservation;
(4) the Gavins Point project (including the Gavins Point
Dam and Reservoir) overlies the eastern boundary of the Santee
Sioux Tribe;
(5) although the Fort Randall and Gavins Point projects are
major components of the Pick-Sloan program, and contribute to
the economy of the United States by generating a substantial
amount of hydropower and impounding a substantial quantity of
water, the reservations of the Yankton Sioux Tribe and the
Santee Sioux Tribe remain undeveloped;
(6) the United States Army Corps of Engineers took the
Indian lands used for the Fort Randall and Gavins Point
projects by condemnation proceedings;
(7) the Federal Government did not give the Yankton Sioux
Tribe and the Santee Sioux Tribe an opportunity to receive
compensation for direct damages from the Pick-Sloan program,
even though the Federal Government gave 5 Indian reservations
upstream from the reservations of those Indian tribes such an
opportunity;
(8) the Yankton Sioux Tribe and the Santee Sioux Tribe did
not receive just compensation for the taking of productive
agricultural Indian lands through the condemnation referred to
in paragraph (6);
(9) the settlement agreement that the United States entered
into with the Yankton Sioux Tribe and the Santee Sioux Tribe to
provide compensation for the taking by condemnation referred to
in paragraph (6) did not take into account the increase in
property values over the years between the date of taking and
the date of settlement; and
(10) in addition to the financial compensation provided
under the settlement agreements referred to in paragraph (9)--
(A) the Yankton Sioux Tribe should receive an
aggregate amount equal to $23,023,743 for the loss
value of 2,851.40 acres of Indian land taken for the
Fort Randall Dam and Reservoir of the Pick-Sloan
program; and
(B) the Santee Sioux Tribe should receive an
aggregate amount equal to $4,789,010 for the loss value
of 593.10 acres of Indian land located near the Santee
village.
SEC. 3. DEFINITIONS.
In this Act:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(2) Santee sioux tribe.--The term ``Santee Sioux Tribe''
means the Santee Sioux Tribe of Nebraska.
(3) Yankton sioux tribe.--The term ``Yankton Sioux Tribe''
means the Yankton Sioux Tribe of South Dakota.
SEC. 4. YANKTON SIOUX TRIBE DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Yankton Sioux Tribe
Development Trust Fund'' (referred to in this section as the ``Fund'').
The Fund shall consist of any amounts deposited in the Fund under this
Act.
(b) Funding.--On the first day of the 11th fiscal year that begins
after the date of enactment of this Act, the Secretary of the Treasury
shall, from the General Fund of the Treasury, deposit into the Fund
established under subsection (a)--
(1) $23,023,743; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph
(1) if such amount had been invested in interest-bearing
obligations of the United States, or in obligations guaranteed
as to both principal and interest by the United States, on the
first day of the first fiscal year that begins after the date
of enactment of this Act and compounded annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the Fund as is not,
in the Secretary of the Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting from such investments into
the Fund.
(d) Payment of Interest to Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, the
Secretary of the Treasury shall withdraw the aggregate amount
of interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use
in accordance with paragraph (2). Each amount so transferred
shall be available without fiscal year limitation.
(2) Payments to yankton sioux tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Yankton
Sioux Tribe, as such payments are requested by that
Indian tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Yankton Sioux Tribe has adopted a tribal plan
under section 6.
(C) Use of payments by yankton sioux tribe.--The
Yankton Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the tribal plan prepared under section
6.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 5. SANTEE SIOUX TRIBE DEVELOPMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Santee Sioux Tribe
Development Trust Fund'' (referred to in this section as the ``Fund'').
The Fund shall consist of any amounts deposited in the Fund under this
Act.
(b) Funding.--On the first day of the 11th fiscal year that begins
after the date of enactment of this Act, the Secretary of the Treasury
shall, from the General Fund of the Treasury, deposit into the Fund
established under subsection (a)--
(1) $4,789,010; and
(2) an additional amount that equals the amount of interest
that would have accrued on the amount described in paragraph
(1) if such amount had been invested in interest-bearing
obligations of the United States, or in obligations guaranteed
as to both principal and interest by the United States, on the
first day of the first fiscal year that begins after the date
of enactment of this Act and compounded annually thereafter.
(c) Investment of Trust Fund.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the Fund as is not,
in the Secretary of the Treasury's judgment, required to meet current
withdrawals. Such investments may be made only in interest-bearing
obligations of the United States or in obligations guaranteed as to
both principal and interest by the United States. The Secretary of the
Treasury shall deposit interest resulting from such investments into
the Fund.
(d) Payment of Interest to Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, the
Secretary of the Treasury shall withdraw the aggregate amount
of interest deposited into the Fund for that fiscal year and
transfer that amount to the Secretary of the Interior for use
in accordance with paragraph (2). Each amount so transferred
shall be available without fiscal year limitation.
(2) Payments to santee sioux tribe.--
(A) In general.--The Secretary of the Interior
shall use the amounts transferred under paragraph (1)
only for the purpose of making payments to the Santee
Sioux Tribe, as such payments are requested by that
Indian tribe pursuant to tribal resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Santee Sioux Tribe has adopted a tribal plan
under section 6.
(C) Use of payments by santee sioux tribe.--The
Santee Sioux Tribe shall use the payments made under
subparagraph (A) only for carrying out projects and
programs under the tribal plan prepared under section
6.
(e) Transfers and Withdrawals.--Except as provided in subsections
(c) and (d)(1), the Secretary of the Treasury may not transfer or
withdraw any amount deposited under subsection (b).
SEC. 6. TRIBAL PLANS.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the tribal council of each of the Yankton Sioux
and Santee Sioux Tribes shall prepare a plan for the use of the
payments to the tribe under section 4(d) or 5(d) (referred to in this
subsection as a ``tribal plan'').
(b) Contents of Tribal Plan.--Each tribal plan shall provide for
the manner in which the tribe covered under the tribal plan shall
expend payments to the tribe under subsection (d) to promote--
(1) economic development;
(2) infrastructure development;
(3) the educational, health, recreational, and social
welfare objectives of the tribe and its members; or
(4) any combination of the activities described in
paragraphs (1), (2), and (3).
(c) Tribal Plan Review and Revision.--
(1) In general.--Each tribal council referred to in
subsection (a) shall make available for review and comment by
the members of the tribe a copy of the tribal plan for the
Indian tribe before the tribal plan becomes final, in
accordance with procedures established by the tribal council.
(2) Updating of tribal plan.--Each tribal council referred
to in subsection (a) may, on an annual basis, revise the tribal
plan prepared by that tribal council to update the tribal plan.
In revising the tribal plan under this paragraph, the tribal
council shall provide the members of the tribe opportunity to
review and comment on any proposed revision to the tribal plan.
(3) Consultation.--In preparing the tribal plan and any
revisions to update the plan, each tribal council shall consult
with the Secretary of the Interior and the Secretary of Health
and Human Services.
(4) Audit.--
(A) In general.--The activities of the tribes in
carrying out the tribal plans shall be audited as part
of the annual single-agency audit that the tribes are
required to prepare pursuant to the Office of
Management and Budget circular numbered A-133.
(B) Determination by auditors.--The auditors that
conduct the audit described in subparagraph (A) shall--
(i) determine whether funds received by
each tribe under this section for the period
covered by the audits were expended to carry
out the respective tribal plans in a manner
consistent with this section; and
(ii) include in the written findings of the
audits the determinations made under clause
(i).
(C) Inclusion of findings with publication of
proceedings of tribal council.--A copy of the written
findings of the audits described in subparagraph (A)
shall be inserted in the published minutes of each
tribal council's proceedings for the session at which
the audit is presented to the tribal councils.
(d) Prohibition on Per Capita Payments.--No portion of any payment
made under this Act may be distributed to any member of the Yankton
Sioux Tribe or the Santee Sioux Tribe of Nebraska on a per capita
basis.
SEC. 7. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.
(a) In General.--No payment made to the Yankton Sioux Tribe or
Santee Sioux Tribe pursuant to this Act shall result in the reduction
or denial of any service or program to which, pursuant to Federal law--
(1) the Yankton Sioux Tribe or Santee Sioux Tribe is
otherwise entitled because of the status of the tribe as a
federally recognized Indian tribe; or
(2) any individual who is a member of a tribe under
paragraph (1) is entitled because of the status of the
individual as a member of the tribe.
(b) Exemptions From Taxation.--No payment made pursuant to this Act
shall be subject to any Federal or State income tax.
(c) Power Rates.--No payment made pursuant to this Act shall affect
Pick-Sloan Missouri River Basin power rates.
SEC. 8. STATUTORY CONSTRUCTION.
Nothing in this Act may be construed as diminishing or affecting
any water right of an Indian tribe, except as specifically provided in
another provision of this Act, any treaty right that is in effect on
the date of enactment of this Act, any authority of the Secretary of
the Interior or the head of any other Federal agency under a law in
effect on the date of enactment of this Act.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, including such sums as may be necessary for the
administration of the Yankton Sioux Tribe Development Trust Fund under
section 4 and the Santee Sioux Tribe of Nebraska Development Trust Fund
under section 5.
SEC. 10. EXTINGUISHMENT OF CLAIMS.
Upon the deposit of funds under sections 4(b) and 5(b), all
monetary claims that the Yankton Sioux Tribe or the Santee Sioux Tribe
of Nebraska has or may have against the United States for loss of value
or use of land related to lands described in section 2(a)(10) resulting
from the Fort Randall and Gavins Point projects of the Pick-Sloan
Missouri River Basin program shall be extinguished. | Yankton Sioux Tribe and Santee Sioux Tribe Equitable Compensation Act - Establishes in the Treasury the Yankton Sioux Tribe Development Trust Fund and the Santee Sioux Tribe Development Trust Fund. Directs the Secretary of the Treasury to withdraw the aggregate amount of interest deposited into the Funds each fiscal year (beginning with the 11th fiscal year after this Act's enactment date) and transfer that amount to the Secretary of the Interior for making payments to the Yankton Sioux Tribe and the Santee Sioux Tribe for carrying out projects and programs under each Tribe's Tribal Plan.Directs the tribal council of each Tribe to prepare a Tribal Plan for using payments for projects and programs to promote: (1) economic development; (2) infrastructure development; or (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members.States that payments under this Act will not affect other Federal payments or the Pick-Sloan Missouri River Basin power rates or be subject to Federal or State income tax.Authorizes appropriations.Extinguishes all monetary claims of the Tribes against the United States for loss of value or use of land resulting from the Fort Randall and Gavins Point projects of the Pick-Sloan Missouri River Basin program upon the deposit of funds into such Funds. | {"src": "billsum_train", "title": "To provide equitable compensation to the Yankton Sioux Tribe of South Dakota and the Santee Sioux Tribe of Nebraska for the loss of value of certain lands."} | 3,515 | 315 | 0.653886 | 2.038119 | 0.667554 | 5.201681 | 12.634454 | 0.966387 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Financial Institution
Reexamination and Review Commission Act of 1998''.
SEC. 2. INTERNATIONAL FINANCIAL INSTITUTION REEXAMINATION AND REVIEW
COMMISSION.
(a) Establishment.--There is hereby established a commission to be
known as the International Financial Institution Reexamination and
Review Commission (in this Act referred to as the ``Commission'').
(b) Membership.--
(1) In general.--The Commission shall be composed of twelve
members, as follows:
(A) 4 members appointed by the Speaker of the House
of Representatives.
(B) 4 members appointed by the Majority Leader of
the Senate.
(C) 2 members appointed by the Minority Leader of
the House of Representatives.
(D) 2 members appointed by the Minority Leader of
the Senate.
(2) Timing of appointments.--All appointments to the
Commission shall be made not later than 45 days after the date
of enactment of this Act.
(c) Qualifications.--
(1) In general.--Members of the Commission shall be
appointed from among those with knowledge and expertise in the
workings of the international financial institutions (as
defined in section 1701(c)(2) of the International Financial
Institutions Act), the World Trade Organization, and the Bank
for International Settlements.
(2) Affiliation.--At least 4 members of the Commission
shall be individuals who were officers or employees of the
Executive Branch before January 20, 1992, and not more than
half of such 4 members shall have served under Presidents from
the same political party.
(d) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall be
filled in the same manner as the original appointment was made.
(e) Duties of the Commission.--The Commission shall advise and
report to the Congress on the future role and responsibilities of the
international financial institutions (as defined in section 1701(c)(2)
of the International Financial Institutions Act), the World Trade
Organization, and the Bank for International Settlements. In carrying
out such duties, the Commission shall examine--
(1) the effect of globalization, increased trade, capital
flows, and other relevant factors on such institutions;
(2) the adequacy, efficacy, and desirability of current
policies and programs at such institutions as well as their
suitability for respective beneficiaries of such institutions;
(3) cooperation or duplication of functions and
responsibilities of such institutions; and
(4) other matters the Commission deems necessary to make
recommendations pursuant to subsection (g).
(f) Powers and Procedures of the Commission.--
(1) Hearings.--The Commission or, at its direction, any
panel or member of the Commission may, for the purpose of
carrying out the provisions of this section, hold hearings, sit
and act at times and places, take testimony, receive evidence,
and administer oaths to the extent that the Commission or any
panel or member considers advisable.
(2) Information.--The Commission may secure directly
information that the Commission considers necessary to enable
the Commission to carry out its responsibilities under this
section.
(3) Chairman.--The members appointed under subparagraphs
(A) and (B) of subsection (b)(1) shall select the Chairman of
the Commission.
(4) Meetings.--The Commission shall meet at the call of the
Chairman.
(g) Report.--On the termination of the Commission, the Commission
shall submit Secretary of the Treasury, the Committees on Banking,
Housing, and Urban Affairs and on Appropriations of the Senate, and the
Committees on Banking and Financial Services and on Appropriations of
the House of Representatives a report that contains recommendations
regarding the following matters:
(1) Changes to policy goals set forth in the Bretton Woods
Agreements Act and the International Financial Institutions
Act.
(2) Changes to the charters, organizational structures,
policies and programs of the international financial
institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act).
(3) Additional monitoring tools, global standards, or
regulations for, among other things, global capital flows,
bankruptcy standards, accounting standards, payment systems,
and safety and soundness principles for financial institutions.
(4) Possible mergers or abolition of the international
financial institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act), including changes to
the manner in which such institutions coordinate their policy
and program implementation and their roles and
responsibilities.
(5) Any additional changes necessary to stabilize
currencies, promote continued trade liberalization and to avoid
future financial crises.
(h) Termination.--The Commission shall terminate 6 months after the
first meeting of the Commission, which shall be not later than 30 days
after the appointment of all members of the Commission.
(i) Feasibility and Implementation Reports by the Executive
Branch.--
(1) Within three months of receiving the report of the
Commission under subsection (g), the President of the United
States through the Secretary of the Treasury shall report to
the committees specified in subsection (g) on the desirability
and feasibility of implementing the recommendations contained
in the report.
(2) Annually, for three years after the termination of the
Commission, the President of the United States through the
Secretary of the Treasury shall submit to the committees
specified in subsection (g) a report on the steps taken through
relevant international institutions and international fora to
implement such recommendations. | International Financial Institution Reexamination and Review Commission Act of 1998 - Establishes the International Financial Institution Reexamination and Review Commission to advise and report to the Congress on specified aspects of the future role and responsibilities of the international financial institutions of the World Trade Organization and the Bank for International Settlements.
Directs the President to report to certain congressional committees on: (1) the desirability and feasibility of implementing the Commission's recommendations; and (2) the steps taken through international institutions and fora to implement such recommendations. | {"src": "billsum_train", "title": "International Financial Institution Reexamination and Review Commission Act of 1998"} | 1,191 | 111 | 0.614549 | 1.62916 | 0.988764 | 3.618557 | 11.453608 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combat Heroin Epidemic and Backlog
Act of 2015''.
SEC. 2. CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART LL--CONFRONTING THE USE OF HEROIN AND ASSOCIATED DRUGS
``SEC. 3021. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND
HEROIN DISTRIBUTION, SALE, AND USE.
``(a) Purpose.--The purpose of this section is to assist States and
Indian tribes to--
``(1) carry out programs to address the distribution, sale,
and use of heroin, fentanyl, and associated synthetic drugs;
and
``(2) improve the ability of State, tribal, and local
government institutions to carry out such programs.
``(b) Grant Authorization.--The Attorney General, through the
Bureau of Justice Assistance, may make grants to States and Indian
tribes to address the distribution, sale, and use of heroin, fentanyl,
and associated synthetic drugs to enhance public safety.
``(c) Grant Projects To Address Distribution, Sale, and Use of
Heroin, Fentanyl, and Associated Synthetic Drugs.--Grants made under
subsection (b) may be used for programs, projects, and other activities
to--
``(1) reimburse State, local, or other forensic science
laboratories to help address backlogs of untested samples of
heroin, fentanyl, and associated synthetic drugs;
``(2) reimburse State, local, or other forensic science
laboratories for procuring equipment, technology, or other
support systems if the applicant for the grant demonstrates to
the satisfaction of the Attorney General that expenditures for
such purposes would result in improved efficiency of laboratory
testing and help prevent future backlogs;
``(3) reimburse State, tribal, and local law enforcement
agencies for procuring field-testing equipment for use in the
identification or detection of heroin, fentanyl, and associated
synthetic drugs;
``(4) investigate, arrest, and prosecute individuals
violating laws related to the distribution or sale of heroin,
fentanyl, and associated synthetic drugs; and
``(5) support State, tribal, and local health department
services deployed to address the use of heroin, fentanyl, and
associated synthetic drugs.
``(d) Limitation.--Not less than 60 percent of the amounts made
available to carry out this section shall be awarded for the purposes
under paragraph (1) or (2) of subsection (c).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2017, 2018, and 2019.
``(f) Allocation.--
``(1) Population allocation.--Seventy-five percent of the
amount made available to carry out this section in a fiscal
year shall be allocated to each State that meets the
requirements of section 2802 so that each State shall receive
an amount that bears the same ratio to the 75 percent of the
total amount made available to carry out this section for that
fiscal year as the population of the State bears to the
population of all States.
``(2) Discretionary allocation.--
``(A) In general.--Twenty-five percent of the
amount made available to carry out this section in a
fiscal year shall be allocated pursuant to the Attorney
General's discretion for competitive awards to States
and Indian tribes.
``(B) Considerations.--In making awards under
subparagraph (A), the Attorney General shall consider--
``(i) the average annual number of part 1
violent crimes reported by each State to the
Federal Bureau of Investigation for the 3 most
recent calendar years for which data is
available; and
``(ii) the existing resources and current
needs of the potential grant recipient.
``(3) Minimum requirement.--Each State shall receive not
less than 0.6 percent of the amount made available to carry out
this section in each fiscal year.
``(4) Certain territories.--
``(A) In general.--For purposes of the allocation
under this section, American Samoa and the Commonwealth
of the Northern Mariana Islands shall be considered as
1 State.
``(B) Allocation amongst certain territories.--For
purposes of subparagraph (A), 67 percent of the amount
allocated shall be allocated to American Samoa and 33
percent shall be allocated to the Commonwealth of the
Northern Mariana Islands.''. | Combat Heroin Epidemic and Backlog Act of 2015 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Department of Justice's Bureau of Justice Assistance to award grants to state and tribal governments to address the distribution, sale, and use of heroin, fentanyl, and associated synthetic drugs. Grants may be used to: reimburse forensic science laboratories for efforts to address and prevent testing backlogs; reimburse law enforcement agencies for equipment to identify or detect heroin, fentanyl, and associated synthetic drugs; investigate, arrest, and prosecute distributors or sellers; and support health department services for users. | {"src": "billsum_train", "title": "Combat Heroin Epidemic and Backlog Act of 2015"} | 1,051 | 138 | 0.723668 | 1.951696 | 0.721866 | 4.694915 | 7.949153 | 0.881356 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Defense Energy Savings Act
of 2004''.
SEC. 2. ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) Contracts Authorized.--The Secretary of Defense may enter into
an energy savings performance contract under this section for the sole
purpose of achieving energy savings and benefits ancillary to that
purpose. The Secretary may incur obligations under the contract to
finance energy conservation measures so long as guaranteed savings
exceed the debt service requirements.
(b) Terms and Conditions.--
(1) Contract period.--Notwithstanding any other provision
of law, an energy savings performance contract may be for a
period of up to 25 years beginning on the date on which the
first payment is made by the Secretary pursuant to the
contract. The contract need not include funding of cancellation
charges (if any) before cancellation, if--
(A) the contract was awarded in a competitive
manner, using procedures and methods established under
this section;
(B) the Secretary determines that funds are
available and adequate for payment of the costs of the
contract for the first fiscal year;
(C) the contract is governed by part 17.1 of the
Federal Acquisition Regulation; and
(D) if the contract contains a clause setting forth
a cancellation ceiling in excess $10,000,000, the
Secretary provides notice to Congress of the proposed
contract and the proposed cancellation ceiling at least
30 days before the award of the contract.
(2) Costs and savings.--An energy savings performance
contract shall require the contractor to incur the costs of
implementing energy savings measures, including at least the
cost (if any) incurred in making energy audits, acquiring and
installing equipment, and training personnel, in exchange for a
share of any energy savings directly resulting from
implementation of such measures during the term of the
contract.
(3) Other terms and conditions.--An energy savings
performance contract shall require an annual energy audit and
specify the terms and conditions of any Government payments and
performance guarantees. Any such performance guarantee shall
provide that either the Government or the contractor is
responsible for maintenance and repair services for any energy
related equipment, including computer software systems.
(c) Limitation on Annual Contract Payments.--Aggregate annual
payments by the Secretary to a contractor for energy, operations, and
maintenance under an energy savings performance contract may not exceed
the amount that the Department of Defense would have paid for energy,
operations, and maintenance in the absence of the contract (as
estimated through the procedures developed pursuant to this section)
during term of the contract. The contract shall provide for a guarantee
of savings to the Department, and shall establish payment schedules
reflecting such guarantee, taking into account any capital costs under
the contract.
(d) Rulemaking.--Not later than 90 days after the date of the
enactment of this Act, the Secretary, with the concurrence of the
Federal Acquisition Regulatory Council, shall issue final rules to
establish the procedures and methods for use by the Department of
Defense to select, monitor, and terminate energy savings performance
contracts in accordance with laws governing Federal procurement that
will achieve the intent of this section in a cost-effective manner. In
developing such procedures and methods, the Secretary, with the
concurrence of the Federal Acquisition Regulatory Council, shall
determine which existing regulations are inconsistent with the intent
of this section and shall formulate substitute regulations consistent
with laws governing Federal procurement.
(e) Implementation Procedures and Methods.--The procedures and
methods established by rule under subsection (d) shall--
(1) provide for the calculation of energy savings based on
sound engineering and financial practices;
(2) allow the Secretary to request statements of
qualifications, which shall, at a minimum, include prior
experience and capabilities of contractors to perform the
proposed types of energy savings services and financial and
performance information from firms engaged in providing energy
savings services;
(3) allow the Secretary to presume that a contractor meets
the requirements of paragraph (2) if the contractor either--
(A) has carried out contracts with a value of at
least $1,000,000,000 with the Federal Government over
the previous 10 years; or
(B) is listed by a Federal agency pursuant to
section 801(b)(2) of the National Energy Policy Act (42
U.S.C. 8287(b)(2));
(4) allow the Secretary to, from the statements received,
designate and prepare a list, with an update at least annually,
of those firms that are qualified to provide energy savings
services;
(5) allow the Secretary to select firms from such list to
conduct discussions concerning a particular proposed energy
savings project, including requesting a technical and price
proposal from such selected firms for such project;
(6) allow the Secretary to select from such firms the most
qualified firm to provide energy savings services based on
technical and price proposals and any other relevant
information;
(7) allow the Secretary to permit receipt of unsolicited
proposals for energy savings performance contracting services
from a firm that the Department of Defense has determined is
qualified to provide such services under the procedures
established pursuant to subsection (d) and require facility
managers to place a notice in the Commerce Business Daily
announcing they have received such a proposal and invite other
similarly qualified firms to submit competing proposals;
(8) allow the Secretary to enter into an energy savings
performance contract with a firm qualified under paragraph (7),
consistent with the procedures and methods established pursuant
to subsection (d); and
(9) allow a firm not designated as qualified to provide
energy savings services under paragraph (4) to request a review
of such decision to be conducted in accordance with procedures,
substantially equivalent to procedures established under
section 759(f) of title 40, United States Code, to be developed
by the board of contract appeals of the General Services
Administration.
(f) Transition Rule for Certain Energy Savings Performance
Contracts.--In the case of any energy savings performance contract
entered into by the Secretary, or the Secretary of Energy, before
October 1, 2003, for services to be provided at Department of Defense
facilities, the Secretary may issue additional task orders pursuant to
such contract and may make whatever contract modifications the parties
to such contract agree are necessary to conform to the provisions of
this section.
(g) Pilot Program for Nonbuilding Applications.--
(1) In general.--The Secretary may carry out a pilot
program to enter into up to 10 energy savings performance
contracts for the purpose of achieving energy savings,
secondary savings, and benefits incidental to those purposes,
in nonbuilding applications.
(2) Selection.--The Secretary shall select the contract
projects to demonstrate the applicability and benefits of
energy savings performance contracting to a range of non-
building applications.
(3) Report.--Not later than three years after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report on the progress and results of the pilot
program. The report shall include a description of projects
undertaken; the energy and cost savings, secondary savings and
other benefits that resulted from such projects; and
recommendations on whether the pilot program should be
extended, expanded, or authorized.
(h) Definitions.--In this section:
(1) Energy savings.--The term ``energy savings'' means a
reduction in the cost of energy, from a base cost established
through a methodology set forth in the energy savings
performance contract, utilized in an existing federally owned
building or buildings or other federally owned facilities as a
result of--
(A) the lease or purchase of operating equipment,
improvements, altered operation and maintenance,
increased capacity or payload, or technical services;
or
(B) the increased efficient use of existing energy
sources by cogeneration or heat recovery, excluding any
cogeneration process for other than a federally owned
building or buildings or other federally owned
facilities.
(2) Energy savings performance contract.--The term ``energy
savings performance contract'' means a contract that provides
for the performance of services for the design, acquisition,
installation, testing, operation, and, where appropriate,
maintenance and repair of an identified energy conservation
measure or series of measures at one or more locations. Such
contracts--
(A) may provide for appropriate software licensing
agreements; and
(B) shall, with respect to an agency facility that
is a public building, as defined in section 13(l) of
the Public Buildings Act of 1959 (40 U.S.C. 612(l)), be
in compliance with the prospectus requirements and
procedures of section 7 of the Public Buildings
Accountability Act of 1959 (40 U.S.C. 606).
(3) Nonbuilding application.--The term ``nonbuilding
application'' means--
(A) any class of vehicles, devices, or equipment
that is transportable under its own power by land, sea,
or air that consumes energy from any fuel source for
the purpose of such transportability, or to maintain a
controlled environment within such vehicle, device, or
equipment; or
(B) any Federally owned equipment used to generate
electricity or transport water.
(4) Secondary savings.--The term ``secondary savings''
means additional energy or cost savings that are a direct
consequence of the energy savings that result from the energy
efficiency improvements that were financed and implemented
pursuant to the energy savings performance contract. Such
secondary savings may include energy and cost savings that
result from a reduction in the need for fuel delivery and
logistical support, personnel cost savings and environmental
benefits. In the case of electric generation equipment,
secondary savings may include the benefits of increased
efficiency in the production of electricity, including revenue
received by the Federal Government from the sale of electricity
so produced.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Defense. | National Defense Energy Savings Act of 2004 - Authorizes the Secretary of Defense to: (1) enter into an energy savings performance contract in order to achieve energy savings and ancillary benefits; (2) incur obligations under the contract to finance energy conservation measures so long as guaranteed savings exceed the debt service requirements; and (3) implement a pilot program to enter into up to ten energy savings performance contracts for the purpose of achieving energy savings, secondary savings, and incidental benefits, in nonbuilding applications.
Sets forth implementation guidelines, including contract terms and conditions. | {"src": "billsum_train", "title": "A bill to expand upon the Department of Defense Energy Efficiency Program required by section 317 of the National Defense Authorization Act of 2002 by authorizing the Secretary of Defense to enter into energy savings performance contracts, and for other purposes."} | 2,040 | 115 | 0.620451 | 1.660598 | 0.668196 | 3.981481 | 18.5 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Electronic Voting
Standards and Disclosure Act of 2005''.
SEC. 2. REQUIREMENTS FOR SOFTWARE USED IN ELECTRONIC VOTING MACHINES IN
FEDERAL ELECTIONS.
(a) In General.--Section 301(a) of the Help America Vote Act of
2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following
new paragraph:
``(7) Specific requirements for software used in electronic
voting machines.--In addition to any other requirements under
this subsection, a State or other jurisdiction may not use an
electronic voting system in an election for Federal office
unless--
``(A) the manufacturer of the software used in the
operation of the system has provided the State with an
updated copy of the software used in the operation of
the system;
``(B) not later than 30 days before the date of the
election (and at least once on the date of the
election) the State tests each type of voting machine
used in the system to ensure that the software used in
the operation of that type of machine is working
correctly; and
``(C) the manufacturer of the software used in the
operation of the system has provided the Commission
with updated information regarding the identification
of each individual who participated in the writing of
the software, including specific information regarding
whether the individual has ever been convicted of a
crime involving fraud.''.
(b) Deadline for Adoption of Voluntary Guidance by Commission.--
Section 311(b)(1) of such Act (42 U.S.C. 15501(b)(1)) is amended by
striking ``January 1, 2004'' and inserting ``January 1, 2004 (or
January 1, 2006, with respect to subsection (a)(7) of such section)''.
SEC. 3. REQUIRING LABORATORIES TO MEET STANDARDS PROHIBITING CONFLICTS
OF INTEREST AS CONDITION OF ACCREDITATION FOR TESTING OF
VOTING SYSTEM HARDWARE AND SOFTWARE.
(a) In General.--Section 231(b) of the Help America Vote Act of
2002 (42 U.S.C. 15371(b)) is amended by adding at the end the following
new paragraph:
``(3) Prohibiting conflicts of interest.--A laboratory may
not be accredited by the Commission for purposes of this
section unless the laboratory meets such standards as the
Commission may establish to prevent the existence or appearance
of any conflict of interest in the testing, certification,
decertification, and recertification carried out by the
laboratory under this section, including standards to ensure
that the laboratory does not have a financial interest in the
manufacture, sale, and distribution of voting system hardware
and software, and is sufficiently independent from other
persons with such an interest.''.
(b) Deadline for Establishment of Standards.--The Election
Assistance Commission shall establish the standards described in
section 231(b)(3) of the Help America Vote Act of 2002 (as added by
subsection (a)) not later than January 1, 2006.
SEC. 4. POSTING OF NOTICE OF AVAILABILITY OF ADMINISTRATIVE COMPLAINT
PROCEDURES IN CASE OF FAILURE OF VOTING MACHINES.
(a) Posting of Notice.--Section 303(b)(2) of the Help America Vote
Act of 2002 (42 U.S.C. 15482(b)(2)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G); and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) information regarding the availability of the
administrative complaint procedures for individuals who
believe that a voting machine or other equipment used
in the election is not working properly or who
otherwise believe that a State or jurisdiction is not
in compliance with the requirements of this Act;''.
(b) Clarification of Standing Required for Filing Complaint.--
Section 402(a) of such Act (42 U.S.C. 15512(a)) is amended--
(1) in paragraph (2)(B), by inserting ``(subject to
paragraph (3)'' after ``any person''; and
(2) by adding at the end the following new paragraph:
``(3) Clarification of standing required for filing
complaint relating to failure of voting machine or other
equipment.--An individual may not file a complaint under this
subsection with respect to an allegation that a voting machine
or other equipment used in an election is not working properly
unless the individual is eligible to cast a vote on or
otherwise use the machine or equipment which is the subject of
the complaint.''.
SEC. 5. EFFECTIVE DATE.
Except as otherwise provided, the amendments made by this Act shall
apply with respect to the regularly scheduled general election for
Federal office in November 2006 and each subsequent election for
Federal office. | Improving Electronic Voting Standards and Disclosure Act of 2005 - Amends the Help America Vote Act of 2002 to: (1) establish specific requirements for software used in electronic voting machines in Federal elections; (2) prohibit Election Assistance Commission accreditation of a laboratory unless it meets standards the Commission may establish to prevent the existence or appearance of any conflict of interest in the testing of voting system hardware and software; (3) require the posting of notice of the availability of administrative complaint procedures for individuals who believe that a voting machine or other equipment used in the election is not working properly, or who otherwise believe that a State or jurisdiction is not in compliance with the requirements of this Act; and (4) prohibit an individual from filing a complaint with respect to an allegation that a voting machine or other equipment used in an election is not working properly unless the individual is eligible to cast a vote on or otherwise use the machine or equipment which is the subject of the complaint. | {"src": "billsum_train", "title": "To amend the Help America Vote Act of 2002 to require the software used in the operation of an electronic voting machine to meet certain requirements as a condition of the use of the machine in elections for Federal office, and for other purposes."} | 1,123 | 199 | 0.661797 | 1.934719 | 0.812892 | 6.276596 | 5.058511 | 0.968085 |
SECTION 1. ESTABLISHMENT OF UNITS OF THE NATIONAL GUARD IN AMERICAN
SAMOA.
(a) Title 32 (National Guard) Amendments.--
(1) Inclusion of american samoa in definition of
territory.--Section 101(1) of title 32, United States Code, is
amended by striking ``includes Guam'' and inserting ``means
American Samoa, Guam,''.
(2) Branches and organizations.--Section 103 of such title
is amended by striking ``Guam, and the Virgin Islands'' and
inserting ``and each Territory''.
(3) Units: location; organization; command.--Section 104 of
such title is amended--
(A) in subsections (a) and (c), by striking ``Guam,
and the Virgin Islands'' and inserting ``and each
Territory''; and
(B) in subsection (d), by striking ``Guam, or the
Virgin Islands'' and inserting ``or a Territory''.
(4) Availability of appropriations.--Section 107(b) of such
title is amended by striking ``Guam, or the Virgin Islands''
and inserting ``or a Territory''.
(5) Maintenance of other troops.--Section 109 of such title
is amended by striking ``Guam, or the Virgin Islands'' and
inserting ``or a Territory''.
(6) Adjutants general.--Section 314 of such title is
amended by striking ``Guam, and the Virgin Islands'' both
places it appears and inserting ``and each Territory''.
(7) Detail of regular members.--Section 315 of such title
is amended by striking ``Guam, and the Virgin Islands'' each
place it appears and inserting ``and each Territory''.
(8) Termination of appointment.--Section 324(b) of such
title is amended by striking ``or the District of Columbia,
Guam, or the Virgin Islands'' and inserting ``, the District of
Columbia, or the Territory''.
(9) Relief from national guard duty when ordered to active
duty.--Section 325(a) of such title is amended--
(A) by striking ``Guam, or the Virgin Islands'' the
first two places it appears and inserting ``the
Territory,''; and
(B) by striking ``, Guam, or the Virgin Islands''
the third place it appears and inserting ``or
Territory''.
(10) Composition of courts-martial.--Section 326 of such
title is amended by striking ``Guam, and the Virgin Islands''
and inserting ``or Territory''.
(11) Convening authority of courts-martial.--Section 327(a)
of such title is amended by striking ``Guam, and the Virgin
Islands'' and inserting ``or Territory''.
(12) Governor's authority.--Section 328(a) of such title is
amended by striking ``, Guam, or the Virgin Islands'' and
inserting ``or Territory''.
(13) Training generally.--Section 501(b) of such title is
amended by striking ``Guam, and the Virgin Islands'' and
inserting ``and each Territory''.
(14) Support of training operations and training
missions.--Section 502(f)(2)(B)(i) of such title is amended by
striking ``or possessions'' and inserting ``or Territory or
possession''.
(15) Participation in field exercises.--Section 503(b) of
such title is amended by striking ``Guam, or the Virgin
Islands'' and inserting ``or Territory''.
(16) National guard schools and small arms competitions.--
Section 504(b) of such title is amended by striking
``territory'' and inserting ``Territory''.
(17) Attendance at army and air force schools.--Section 505
of such title is amended in the first sentence by striking
``Guam, and the Virgin Islands'' and inserting ``or
Territory''.
(18) National guard youth challenge program.--Section
509(l)(1) of such title is amended by striking ``the
territories'' and inserting ``each Territory''.
(19) Issue of supplies.--Section 702(a) of such title is
amended by striking ``Guam, and the Virgin Islands'' and
inserting ``or Territory''.
(20) Purchases of supplies from army or air force.--Section
703 of such title is amended by striking ``Guam, or the Virgin
Islands'' both places it appears and inserting ``or
Territory''.
(21) Accountability.--Section 704 of such title is amended
by striking ``Guam, or the Virgin Islands'' and inserting ``or
Territory''.
(22) Property and fiscal officers.--Section 708 of such
title is amended by striking ``Guam, and the Virgin Islands''
both places it appears and inserting ``and Territory''.
(23) Employment, use, and status of technicians.--Section
709(a)(3)(C) of such title is amended by striking ``or
possessions'' and inserting ``, a Territory, or possession''.
(24) Accountability for property issued to the national
guard.--Section 710 of such title is amended by striking
``Guam, or the Virgin Islands'' each place it appears and
inserting ``or a Territory''.
(25) Disposition of obsolete or condemned property.--
Section 711 of such title is amended by striking ``Guam, and
the Virgin Islands'' and inserting ``and Territory''.
(26) Disposition of proceeds of condemned stores issued to
national guard.--Section 712(1) of such title is amended by
striking ``Guam, or the Virgin Islands,'' and inserting ``or a
Territory''.
(27) Settlements for property loss, personal injury, or
death.--Section 715(c) of such title is amended by striking
``or Puerto Rico'' and inserting ``, the Commonwealth of Puerto
Rico, or a Territory''.
(b) Title 10 Amendments.--
(1) Militia duty exemptions.--Section 312(a)(2) of such
title is amended by inserting ``American Samoa,'' before
``Guam''.
(2) Detail of army national guard as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--Section 4301(c) of such title is
amended by inserting ``American Samoa,'' before ``Guam''.
(3) Detail of air national guard as students, observers,
and investigators at educational institutions, industrial
plants, and hospitals.--Section 9301(c) of such title is
amended by inserting ``American Samoa,'' before ``Guam''.
(4) Definition of state for division e.--Section 10001 of
such title is amended by inserting ``American Samoa,'' before
``and Guam''.
(5) Detail for organizing, administering, etc., reserve
components.--Section 12310(c)(7) of such title is amended by
inserting ``American Samoa,'' before ``Guam''.
(c) Title 37 Definitions.--Section 101 of title 10, United States
Code, is amended--
(1) in paragraph (7), by inserting ``American Samoa,''
before ``Guam''; and
(2) in paragraph (9), by inserting ``American Samoa,''
before ``Guam''. | Amends federal armed forces provisions, National Guard provisions, and military pay provisions to include American Samoa as a territory, thereby authorizing the establishment of National Guard units in American Samoa, as well as related authority with respect to National Guard personnel. | {"src": "billsum_train", "title": "To amend titles 10, 32, and 37 of the United States Code to authorize the establishment of units of the National Guard in American Samoa."} | 1,792 | 57 | 0.544484 | 1.145853 | 0.406651 | 1.108696 | 31.478261 | 0.630435 |
SECTION 1. DENIAL OF ACCELERATED DEPRECIATION FOR ELECTRIC GENERATING
FACILITIES HAVING EXCESS PROFITS.
(a) In General.--Section 168 of the Internal Revenue Code of 1986
(relating to accelerated cost recovery system) is amended by adding at
the end the following new subsection:
``(k) Denial of Accelerated Depreciation for Certain Electric
Generating Facilities.--
``(1) In general.--If there are excess profits with respect
to an electric generating facility for any taxable year--
``(A) the depreciation deduction provided by
section 167(a) for such taxable year with respect to
any property which is part of such facility shall be
determined under the alternative depreciation system of
subsection (g) (as if such system applied to such
property for all previous taxable years), and
``(B) any previously allowed accelerated benefits
with respect to any such property shall be recaptured
by including the amount of such benefits in the gross
income of the taxpayer for such taxable year.
``(2) Excess profits.--There are excess profits with
respect to an electric generating facility for any taxable year
if the facility has a pretax rate of return for such taxable
year in excess of 15 percent.
``(3) Pretax rate of return.--The pretax rate of return for
any taxable year with respect to any electric generating
facility is the percentage obtained by dividing--
``(A) the taxpayer's net income from such facility
for such taxable year, by
``(B) the average of the taxpayer's net investment
in the facility as of the beginning of each month in
the taxable year.
``(4) Net investment.--The net investment in any facility
is the excess of the aggregate adjusted bases of the property
which is part of such facility over the taxpayer's indebtedness
allocable to such facility. For purposes of the preceding
sentence, indebtedness that is incurred to construct, improve,
or acquire property, and that is secured by an interest in such
property shall be allocated to such property. All other
indebtedness of the taxpayer shall be allocated among the items
of property held by the taxpayer based on their respective
adjusted bases.
``(5) Net income.--
``(A) In general.--The net income of the taxpayer
from the operation of an electric generating facility
is the excess of--
``(i) gross income from the sale of
electricity produced at such facility, over
``(ii) the deductions allowable by this
subtitle which are directly allocable to the
operations of such facility.
``(B) Sales to related persons.--If a sale of
electricity is to a related person (within the meaning
of section 482), the sale shall be treated for purposes
of this paragraph as being made at the price at which
the electricity is first sold to a person who is not a
related person (as so defined), minus transmission
costs.
``(C) Determination adjusted basis, etc.--For
purposes of this paragraph and paragraph (4), adjusted
bases and depreciation deductions shall be determined
as if the alternative system of subsection (g) applied
to the facility for all taxable years and only interest
on indebtedness allocable to the facility shall be
taken into account.
``(6) Previously allowed accelerated benefits.--The
previously allowed accelerated benefits with respect to
property are the excess of--
``(A) depreciation deduction allowable under
section 167(a) with respect to such property for all
prior taxable years, over
``(B) the amount that would have been so allowable
if such deductions had been determined under the
alternative depreciation system of subsection (g) for
all prior taxable years.
``(7) Treatment of recaptured amount.--The adjusted basis
of any property with respect to which there is an amount
included in gross income under paragraph (1)(B) shall be
increased by the amount so included.
``(8) Exemptions for facilities using renewable energy.--
This subsection shall not apply to any facility producing
electricity from renewable sources. For purposes of the
preceding sentence, renewable sources are wind, sun, or water
power.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2000. | Amends the Internal Revenue Code to deny accelerated depreciation and recapture previously permitted accelerated benefits for electric generating facilities with excess profits (pretax rate of return in excess of 15 percent for the taxable year). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to deny accelerated depreciation for electric generating facilities having excess profits in order to prevent taxpayers operating such facilities from having both excess profits and tax incentives."} | 977 | 50 | 0.601585 | 1.401717 | 0.705009 | 2.526316 | 22.842105 | 0.894737 |
SECTION 1. SMALL BUSINESS INFORMATION SECURITY TASK FORCE.
(a) Definitions.--In this section--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(3) the term ``task force'' means the task force
established under subsection (b).
(b) Establishment.--The Administrator, in coordination with the
Secretary of Homeland Security, shall establish a task force, to be
known as the Small Business Information Security Task Force, to address
the information technology security needs of small business concerns
and to help small business concerns prevent the loss of credit card
data.
(c) Duties.--The task force shall--
(1) identify--
(A) the information technology security needs of
small business concerns; and
(B) the programs and services provided by the
Federal Government, State Governments, and
nongovernment organizations that serve those needs;
(2) assess the extent to which the programs and services
identified under paragraph (1)(B) serve the needs identified
under paragraph (1)(A);
(3) make recommendations to the Administrator on how to
more effectively serve the needs identified under paragraph
(1)(A) through--
(A) programs and services identified under
paragraph (1)(B); and
(B) new programs and services promoted by the task
force;
(4) make recommendations on how the Administrator may
promote--
(A) new programs and services that the task force
recommends under paragraph (3)(B); and
(B) programs and services identified under
paragraph (1)(B);
(5) make recommendations on how the Administrator may
inform and educate with respect to--
(A) the needs identified under paragraph (1)(A);
(B) new programs and services that the task force
recommends under paragraph (3)(B); and
(C) programs and services identified under
paragraph (1)(B);
(6) make recommendations on how the Administrator may more
effectively work with public and private interests to address
the information technology security needs of small business
concerns; and
(7) make recommendations on the creation of a permanent
advisory board that would make recommendations to the
Administrator on how to address the information technology
security needs of small business concerns.
(d) Internet Website Recommendations.--The task force shall make
recommendations to the Administrator relating to the establishment of
an Internet website to be used by the Administration to receive and
dispense information and resources with respect to the needs identified
under subsection (c)(1)(A) and the programs and services identified
under subsection (c)(1)(B). As part of the recommendations, the task
force shall identify the Internet sites of appropriate programs,
services, and organizations, both public and private, to which the
Internet website should link.
(e) Education Programs.--The task force shall make recommendations
to the Administrator relating to developing additional education
materials and programs with respect to the needs identified under
subsection (c)(1)(A).
(f) Existing Materials.--The task force shall organize and
distribute existing materials that inform and educate with respect to
the needs identified under subsection (c)(1)(A) and the programs and
services identified under subsection (c)(1)(B).
(g) Coordination With Public and Private Sector.--In carrying out
its responsibilities under this section, the task force shall
coordinate with, and may accept materials and assistance as it
determines appropriate from, public and private entities, including--
(1) any subordinate officer of the Administrator;
(2) any organization authorized by the Small Business Act
to provide assistance and advice to small business concerns;
(3) other Federal agencies, their officers, or employees;
and
(4) any other organization, entity, or person not described
in paragraph (1), (2), or (3).
(h) Appointment of Members.--
(1) Chairperson and vice-chairperson.--The task force shall
have--
(A) a Chairperson, appointed by the Administrator;
and
(B) a Vice-Chairperson, appointed by the
Administrator, in consultation with appropriate
nongovernmental organizations, entities, or persons.
(2) Members.--
(A) Chairperson and vice-chairperson.--The
Chairperson and the Vice-Chairperson shall serve as
members of the task force.
(B) Additional members.--
(i) In general.--The task force shall have
additional members, each of whom shall be
appointed by the Chairperson, with the approval
of the Administrator.
(ii) Number of members.--The number of
additional members shall be determined by the
Chairperson, in consultation with the
Administrator, except that--
(I) the additional members shall
include, for each of the groups
specified in paragraph (3), at least 1
member appointed from within that
group; and
(II) the number of additional
members shall not exceed 13.
(3) Groups represented.--The groups specified in this
paragraph are--
(A) subject matter experts;
(B) users of information technologies within small
business concerns;
(C) vendors of information technologies to small
business concerns;
(D) academics with expertise in the use of
information technologies to support business;
(E) small business trade associations;
(F) Federal, State, or local agencies, including
the Department of Homeland Security, engaged in
securing cyberspace; and
(G) information technology training providers with
expertise in the use of information technologies to
support business.
(4) Political affiliation.--The appointments under this
subsection shall be made without regard to political
affiliation.
(i) Meetings.--
(1) Frequency.--The task force shall meet at least 2 times
per year, and more frequently if necessary to perform its
duties.
(2) Quorum.--A majority of the members of the task force
shall constitute a quorum.
(3) Location.--The Administrator shall designate, and make
available to the task force, a location at a facility under the
control of the Administrator for use by the task force for its
meetings.
(4) Minutes.--
(A) In general.--Not later than 30 days after the
date of each meeting, the task force shall publish the
minutes of the meeting in the Federal Register and
shall submit to Administrator any findings or
recommendations approved at the meeting.
(B) Submission to congress.--Not later than 60 days
after the date that the Administrator receives minutes
under subparagraph (A), the Administrator shall submit
to the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business of
the House of Representatives such minutes, together
with any comments the Administrator considers
appropriate.
(5) Findings.--
(A) In general.--Not later than the date on which
the task force terminates under subsection (m), the
task force shall submit to the Administrator a final
report on any findings and recommendations of the task
force approved at a meeting of the task force.
(B) Submission to congress.--Not later than 90 days
after the date on which the Administrator receives the
report under subparagraph (A), the Administrator shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on
Small Business of the House of Representatives the full
text of the report submitted under subparagraph (A),
together with any comments the Administrator considers
appropriate.
(j) Personnel Matters.--
(1) Compensation of members.--Each member of the task force
shall serve without pay for their service on the task force.
(2) Travel expenses.--Each member of the task force shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) Detail of sba employees.--The Administrator may detail,
without reimbursement, any of the personnel of the
Administration to the task force to assist it in carrying out
the duties of the task force. Such a detail shall be without
interruption or loss of civil status or privilege.
(4) SBA support of the task force.--Upon the request of the
task force, the Administrator shall provide to the task force
the administrative support services that the Administrator and
the Chairperson jointly determine to be necessary for the task
force to carry out its duties.
(k) Not Subject to Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the task
force.
(l) Startup Deadlines.--The initial appointment of the members of
the task force shall be completed not later than 90 days after the date
of enactment of this Act, and the first meeting of the task force shall
be not later than 180 days after the date of enactment of this Act.
(m) Termination.--
(1) In general.--Except as provided in paragraph (2), the
task force shall terminate at the end of fiscal year 2013.
(2) Exception.--If, as of the termination date under
paragraph (1), the task force has not complied with subsection
(i)(4) with respect to 1 or more meetings, then the task force
shall continue after the termination date for the sole purpose
of achieving compliance with subsection (i)(4) with respect to
those meetings.
(n) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $300,000 for each of fiscal
years 2010 through 2013. | Directs the Administrator of the Small Business Administration (SBA) to establish the Small Business Information Security Task Force to address the information technology security needs of small businesses and to help small businesses prevent the loss of credit card data. Requires the Task Force, among other duties, to make recommendations to the Administrator on the establishment of an Internet website to be used by the SBA to receive and dispense information and resources with respect to such needs. | {"src": "billsum_train", "title": "A bill to establish the Small Business Information Security Task Force to address information security concerns relating to credit card data and other proprietary information."} | 1,993 | 93 | 0.593496 | 1.573273 | 1.150121 | 4.345238 | 23.107143 | 0.940476 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Product Risk Reporting Act
of 2001''.
SEC. 2. REPAIR, REPLACEMENT, OR REFUND.
(a) Section 15(d) of the Consumer Product Safety Act (15 U.S.C.
2064(d)) is amended--
(1) by striking ``If'' in the first sentence and inserting
``Subject to the last 2 sentences of this subsection, if''; and
(2) by adding at the end the following: ``If the Commission
determines (after affording opportunity for an informal
hearing) that the action that the manufacturer, distributor, or
retailer has elected to take under paragraph (1), (2), or (3)
is not in the public interest, the Commission shall order the
manufacturer, distributor, or retailer to take whichever other
action specified in paragraph (1), (2), or (3) that the
Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions
specified in paragraph (1), (2), or (3) are in the public
interest, the Commission shall order the manufacturer,
distributor, or retailer to take whichever of those actions the
manufacturer, distributor, or retailer elects.''.
(b) Section 15(b) of the Federal Hazardous Substances Act (15
U.S.C. 1274(b)) is amended--
(1) by striking ``If'' in the first sentence and inserting
``Subject to the last 2 sentences of this subsection, if''; and
(2) by adding at the end the following: ``If the Commission
determines (after affording opportunity for an informal
hearing) that the action that the manufacturer, distributor, or
dealer has elected to take under paragraph (1), (2), or (3) is
not in the public interest, the Commission shall order the
manufacturer, distributor, or dealer to take whichever other
action specified in paragraph (1), (2), or (3) that the
Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions
specified in paragraph (1), (2), or (3) are in the public
interest, the Commission shall order the manufacturer,
distributor, or dealer to take whichever of those actions the
manufacturer, distributor, or dealer elects.''
(c) Section 15(c)(2) of the Federal Hazardous Substances Act (15
U.S.C. 1274(c)(2)) is amended--
(1) by striking ``If'' in the first sentence and inserting
``Subject to the last 2 sentences of this subsection, if''; and
(2) by adding at the end the following: ``If the Commission
determines (after affording opportunity for an informal
hearing) that the action that the manufacturer, distributor, or
dealer has elected to take under subparagraph (A), (B), or (C)
is not in the public interest, the Commission shall order the
manufacturer, distributor, or dealer to take whichever other
action specified in subparagraph (A), (B), or (C) that the
Commission determines to be in the public interest. If the
Commission determines that both of the remaining actions
specified in subparagraph (A), (B), or (C) are in the public
interest, the Commission shall order the manufacturer,
distributor, or dealer to take whichever of those actions the
manufacturer, distributor, or dealer elects.''.
SEC. 3. CIVIL PENALTIES.
(a) Section 20(a) of the Consumer Product Safety Act (15 U.S.C.
2069(a)) is amended to read as follows:
``(a) Amount of Penalty.--
``(1) Any person who knowingly violates section 19 shall be
subject to a civil penalty not to exceed $7,000 for each such
violation. Subject to paragraph (2), a violation of paragraph
(1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of
section 19(a) shall constitute a separate offense with respect
to each consumer product involved. A violation of section
19(a)(3) shall constitute a separate violation with respect to
each failure or refusal to allow or perform an act required
thereby, and, if such violation is a continuing one, each day
of such violation shall constitute a separate offense.
``(2) The second sentence of paragraph (1) shall not apply
to violations of paragraph (1) or (2) of section 19(a)--
``(A) if the person who violated such paragraph is
not the manufacturer or private labeler or a
distributor of the product involved, and
``(B) if such person did not have either--
``(i) actual knowledge that such person's
distribution or sale of the product violated
such paragraph; or
``(ii) notice from the Commission that such
distribution or sale would be a violation of
such paragraph.
``(3)(A) The penalty amount authorized in paragraph (1)
shall be adjusted for inflation by increasing the amount
referred to in paragraph (1) by the cost-of-living adjustment
for the preceding 5 years. Any increase determined under the
preceding sentence shall be rounded up to--
``(i) in the case of a penalty amount less than or
equal to $10,000, the nearest multiple of $1,000;
``(ii) in the case of a penalty amount greater than
$10,000, the nearest multiple of $5,000.
``(B) Not later than December 1, 2005, and December 1 of
each 5th calendar year thereafter, the Commission shall
prescribe and publish in the Federal Register the authorized
penalty amount that shall apply for violations that occur after
January 1 of the year immediately following such publication.
``(C) For purposes of subparagraph (A):
``(i) The term `Consumer Price Index' means the
Consumer Price Index for all urban consumers published
by the Department of Labor.
``(ii) The term `cost-of-living adjustment for the
preceding 5 years' means the percentage by which--
``(I) the Consumer Price Index for the
month of June of the calendar year preceding
the adjustment exceeds
``(II) the Consumer Price Index for the
month of June preceding the date on which the
maximum authorized penalty was last
adjusted.''.
(b) Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C.
1264(c)) is amended to read as follows:
``(c) Civil Penalties.--
``(1) Any person who knowingly violates section 4 shall be
subject to a civil penalty not to exceed $7,000 for each such
violation. Subject to paragraph (2), a violation of subsection
(a), (b), (c), (d), (f), (g), (i), (j), or (k) of section 4
shall constitute a separate offense with respect to each
substance involved. A violation of section 4(e) shall
constitute a separate violation with respect to each failure or
refusal to allow or perform an act required by section 4(e),
and if such violation is a continuing one, each day of such
violation shall constitute a separate offense.
``(2) The second sentence of paragraph (1) of this
subsection shall not apply to violations of subsection (a) or
(c) of section 4--
``(A) if the person who violated such subsection is
not the manufacturer, importer, or private labeler or a
distributor of the substance involved; and
``(B) if such person did not have either--
``(i) actual knowledge that such person's
distribution or sale of the substance violated
such subsection, or
``(ii) notice from the Commission that such
distribution or sale would be a violation of
such subsection.
``(3) In determining the amount of any penalty to be sought
upon commencing an action seeking to assess a penalty for a
violation of section 4, the Commission shall consider the
nature of the substance, the severity of the risk of injury,
the occurrence or absence of injury, the amount of the
substance distributed, and the appropriateness of such penalty
in relation to the size of the business of the person charged.
``(4) Any civil penalty under this subsection may be
compromised by the Commission. In determining the amount of
such compromised penalty or whether it should be remitted or
mitigated and in what amount, the Commission shall consider the
appropriateness of such penalty to the size of the business of
the persons charged, the nature of the substance involved, the
severity of the risk of injury, the occurrence or absence of
injury, and the amount of the substance distributed. The amount
of such penalty when finally determined, or the amount agreed
on compromise, may be deducted from any sums owing by the
United States to the person charged.
``(5) As used in the first sentence of paragraph (1), the
term `knowingly' means--
``(A) having actual knowledge, or
``(B) the presumed having of knowledge deemed to be
possessed by a reasonable person who acts in the
circumstances, including knowledge obtainable upon the
exercise of due care to ascertain the truth of
representations.
``(6)(A) The penalty amount authorized in paragraph (1)
shall be adjusted for inflation by increasing the amount
referred to in paragraph (1) by the cost-of-living adjustment
for the preceding 5 years. Any increase determined under the
preceding sentence shall be rounded up to--
``(i) in the case of a penalty amount less than or
equal to $10,000, the nearest multiple of $1,000;
``(ii) in the case of a penalty amount greater than
$10,000, the nearest multiple of $5,000.
``(B) Not later than December 1, 2005, and December 1 of
each 5th calendar year thereafter, the Commission shall
prescribe and publish in the Federal Register the authorized penalty
amount that shall apply for violations that occur after January 1 of
the year immediately following such publication.
``(C) For purposes of subparagraph (A):
``(i) The term `Consumer Price Index' means the
Consumer Price Index for all urban consumers published
by the Department of Labor.
``(ii) The term `cost-of-living adjustment for the
preceding 5 years' means the percentage by which--
``(I) the Consumer Price Index for the
month of June of the calendar year preceding
the adjustment exceeds
``(II) the Consumer Price Index for the
month of June preceding the date on which the
maximum authorized penalty was last
adjusted.''.
SEC. 4. CRIMINAL PENALTIES.
(a) Section 21 of the Consumer Product Safety Act (15 U.S.C. 2070)
is amended to read as follows:
``(a) Any person who knowingly violates section 19 shall be fined
under title 18, United States Code, or be imprisoned not more than 1
year, or both, if such person is an individual, or fined under title
18, United States Code, if such person is an organization (as the term
`organization' is defined in section 18 of title 18, United States
Code). Any person who knowingly and willfully violates section 19 of
this Act shall be fined under title 18, United States Code, or be
imprisoned not more than 3 years, or both, if such person is an
individual, or fined under title 18, United States Code, if such person
is an organization.
``(b) Any individual director, officer, or agent of a corporation
who authorizes, orders, or performs any of the acts or practices
constituting in whole or in part a violation of subsection (a) shall be
subject to penalties under this section without regard to any penalties
to which that corporation may be subject under subsection (a).''.
(b) Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C.
1264(a)) is amended to read as follows:
``(a) Criminal Penalties.--Any person who violates any of the
provisions of section 4 shall be guilty of a misdemeanor and shall on
conviction thereof be subject to a fine under title 18, United States
Code, or to imprisonment for not more than one year, or both, if such
person is an individual, or to a fine under title 18, United States
Code, if such person is an organization (as the term `organization' is
defined in section 18 of title 18, United States Code); but for
offenses committed willfully, or for second and subsequent offenses,
the penalty shall be imprisonment for not more than 3 years, or a fine
under title 18, United States Code, or both, if such person is an
individual, or a fine under title 18, United States Code, if such
person is an organization.''. | Consumer Product Risk Reporting Act of 2001 - Amends the Consumer Product Safety Act and the Federal Hazardous Substances Act to direct the Consumer Product Safety Commission, if a manufacturer, distributor, or retailer has elected to take a repair, replacement, or refund action with respect to a substantial product hazard that is not in the public interest, to order such manufacturer, distributor, or retailer to: (1) take whichever other action the Commission determines to be in the public interest; or (2) elect one or the other action if both alternatives are in the public interest.Increases the maximum civil penalty for each violation. Revises criminal penalties. | {"src": "billsum_train", "title": "To amend the Consumer Product Safety Act and the Federal Hazardous Substances Act regarding repair, replacement, or refund actions, civil penalties, and criminal penalties under those Acts."} | 2,747 | 140 | 0.584351 | 1.707287 | 0.612494 | 3.569106 | 22.341463 | 0.934959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assault Weapons Ban and Law
Enforcement Protection Act of 2003''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 921(a)(30) of title 18, United States
Code, is amended to read as follows:
``(30) The term `semiautomatic assault weapon' means any of the
following:
``(A) The following rifles or copies or duplicates thereof:
``(i) AK, AKM, AKS, AK-47, AK-74, ARM, MAK90, Misr,
NHM 90, NHM 91, SA 85, SA 93, VEPR;
``(ii) AR-10;
``(iii) AR-15, Bushmaster XM15, Armalite M15, or
Olympic Arms PCR;
``(iv) AR70;
``(v) Calico Liberty;
``(vi) Dragunov SVD Sniper Rifle or Dragunov SVU;
``(vii) Fabrique National FN/FAL, FN/LAR, or FNC;
``(viii) Hi-Point Carbine;
``(ix) HK-91, HK-93, HK-94, or HK-PSG-1;
``(x) Kel-Tec Sub Rifle;
``(xi) M1 Carbine;
``(xii) Saiga;
``(xiii) SAR-8, SAR-4800;
``(xiv) SKS with detachable magazine;
``(xv) SLG 95;
``(xvi) SLR 95 or 96;
``(xvii) Steyr AUG;
``(xviii) Sturm, Ruger Mini-14;
``(xix) Tavor;
``(xx) Thompson 1927, Thompson M1, or Thompson 1927
Commando; or
``(xxi) Uzi, Galil and Uzi Sporter, Galil Sporter,
or Galil Sniper Rifle (Galatz).
``(B) The following pistols or copies or duplicates
thereof:
``(i) Calico M-110;
``(ii) MAC-10, MAC-11, or MPA3;
``(iii) Olympic Arms OA;
``(iv) TEC-9, TEC-DC9, TEC-22 Scorpion, or AB-10;
or
``(v) Uzi.
``(C) The following shotguns or copies or duplicates
thereof:
``(i) Armscor 30 BG;
``(ii) SPAS 12 or LAW 12;
``(iii) Striker 12; or
``(iv) Streetsweeper.
``(D) A semiautomatic rifle that has an ability to accept a
detachable magazine, and that has--
``(i) a folding or telescoping stock;
``(ii) a threaded barrel;
``(iii) a pistol grip;
``(iv) a forward grip; or
``(v) a barrel shroud.
``(E)(i) Except as provided in clause (ii), a semiautomatic
rifle that has a fixed magazine with the capacity to accept
more than 10 rounds.
``(ii) Clause (i) shall not apply to an attached tubular
device designed to accept, and capable of operating only with,
.22 caliber rimfire ammunition.
``(F) A semiautomatic pistol that has the ability to accept
a detachable magazine, and has--
``(i) a second pistol grip;
``(ii) a threaded barrel;
``(iii) a barrel shroud; or
``(iv) the capacity to accept a detachable magazine
at a location outside of the pistol grip.
``(G) A semiautomatic pistol with a fixed magazine that has
the capacity to accept more than 10 rounds.
``(H) A semiautomatic shotgun that has--
``(i) a folding or telescoping stock;
``(ii) a pistol grip;
``(iii) the ability to accept a detachable
magazine; or
``(iv) a fixed magazine capacity of more than 5
rounds.
``(I) A shotgun with a revolving cylinder.
``(J) A frame or receiver that is identical to, or based
substantially on the frame or receiver of, a firearm described
in any of subparagraphs (A) through (I) or (L).
``(K) A conversion kit.
``(L) A semiautomatic rifle or shotgun originally designed
for military or law enforcement use, or a firearm based on the
design of such a firearm, that is not particularly suitable for
sporting purposes, as determined by the Attorney General. In
making the determination, there shall be a rebuttable
presumption that a firearm procured for use by the United
States military or any Federal law enforcement agency is not
particularly suitable for sporting purposes, and a firearm
shall not be determined to be particularly suitable for
sporting purposes solely because the firearm is suitable for
use in a sporting event.''.
(b) Related Definitions.--Section 921(a) of such title is amended
by adding at the end the following:
``(36) Barrel shroud.--The term `barrel shroud' means a shroud that
is attached to, or partially or completely encircles, the barrel of a
firearm so that the shroud protects the user of the firearm from heat
generated by the barrel, but does not include a slide that encloses the
barrel, and does not include an extension of the stock along the bottom
of the barrel which does not encircle or substantially encircle the
barrel.
``(37) Conversion kit.--The term `conversion kit' means any part or
combination of parts designed and intended for use in converting a
firearm into a semiautomatic assault weapon, and any combination of
parts from which a semiautomatic assault weapon can be assembled if the
parts are in the possession or under the control of a person.
``(38) Detachable magazine.--The term `detachable magazine' means
an ammunition feeding device that can readily be inserted into a
firearm.
``(39) Fixed magazine.--The term `fixed magazine' means an
ammunition feeding device contained in, or permanently attached to, a
firearm.
``(40) Folding or telescoping stock.--The term `folding or
telescoping stock' means a stock that folds, telescopes, or otherwise
operates to reduce the length, size, or any other dimension, or
otherwise enhances the concealability, of a firearm.
``(41) Forward grip.--The term `forward grip' means a grip located
forward of the trigger that functions as a pistol grip.
``(42) Pistol grip.--The term `pistol grip' means a grip, a
thumbhole stock, or any other characteristic that can function as a
grip.
``(43) Threaded barrel.--The term `threaded barrel' means a feature
or characteristic that is designed in such a manner to allow for the
attachment of a firearm as defined in section 5845(a) of the National
Firearms Act (26 U.S.C. 5845(a)).''.
SEC. 3. ELIMINATION OF SUNSET.
Section 110105 of the Violent Crime Control and Law Enforcement Act
of 1994 is amended--
(1) by striking ``--'' and all that follows through
``(1)''; and
(2) by striking ``; and'' and all that follows through
``that date''.
SEC. 4. GRANDFATHER PROVISIONS.
Section 922(v)(2) of title 18, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by striking ``on the date of the enactment of this
subsection'' and inserting ``as of September 13, 1994''; and
(3) by adding after and below the end the following:
``(B) Paragraph (1) shall not apply to any firearm the possession
or transfer of which would (but for this subparagraph) be unlawful by
reason of this subsection, and which is otherwise lawfully possessed on
the date of the enactment of this subparagraph.''.
SEC. 5. REPEAL OF CERTAIN EXEMPTIONS.
Section 922(v)(3) of title 18, United States Code, is amended by
striking ``(3)'' and all that follows through the 1st sentence and
inserting the following:
``(3) Paragraph (1) shall not apply to any firearm that--
``(A) is manually operated by bolt, pump, level, or slide
action;
``(B) has been rendered permanently inoperable; or
``(C) is an antique firearm.''.
SEC. 6. REQUIRING BACKGROUND CHECKS FOR THE TRANSFER OF LAWFULLY
POSSESSED SEMIAUTOMATIC ASSAULT WEAPONS.
Section 922(v) of title 18, United States Code, is amended by
adding at the end the following:
``(5) It shall be unlawful for any person to transfer a
semiautomatic assault weapon to which paragraph (1) does not apply,
except through--
``(A) a licensed dealer, and for purposes of subsection (t)
in the case of such a transfer, the weapon shall be considered
to be transferred from the business inventory of the licensed
dealer and the dealer shall be considered to be the transferor;
or
``(B) a State or local law enforcement agency if the
transfer is made in accordance with the procedures provided for
in subsection (t) of this section and section 923(g).
``(6) The Attorney General shall establish and maintain, in a
timely manner, a record of the make, model, and date of manufacture of
any semiautomatic assault weapon which the Attorney General is made
aware has been used in relation to a crime under Federal or State law,
and the nature and circumstances of the crime involved, including the
outcome of relevant criminal investigations and proceedings. The
Attorney General shall annually submit the record to the Congress and
make the record available to the general public.''.
SEC. 7. STRENGTHENING THE BAN ON THE POSSESSION OR TRANSFER OF A LARGE
CAPACITY AMMUNITION FEEDING DEVICE.
(a) Ban on Transfer of Semiautomatic Assault Weapon With Large
Capacity Ammunition Feeding Device.--
(1) In general.--Section 922 of title 18, United States
Code, is amended by inserting after subsection (y) the
following:
``(z) It shall be unlawful for any person to transfer any assault
weapon with a large capacity ammunition feeding device.''.
(2) Penalties.--Section 924(a) of such title is amended by
adding at the end the following:
``(8) Whoever knowingly violates section 922(z) shall be fined
under this title, imprisoned not more than 10 years, or both.''.
(b) Certification Requirement.--
(1) In general.--Section 922(w) of such title is amended--
(A) in paragraph (2), by striking ``on or before
the date of enactment of this subsection'' and
inserting ``in the United States on or before September 13, 1994'';
(B) in paragraph (3)--
(i) by adding ``or'' at the end of
subparagraph (B); and
(ii) by striking subparagraph (C) and
redesignating subparagraph (D) as subparagraph
(C); and
(C) by striking paragraph (4) and inserting the
following:
``(4) It shall be unlawful for a licensed manufacturer, licensed
importer, or licensed dealer who transfers a large capacity ammunition
feeding device that was manufactured on or before September 13, 1994,
to fail to certify to the Attorney General before the end of the 60-day
period that begins with the date of the transfer, in accordance with
regulations prescribed by the Attorney General, that the device was
manufactured on or before September 13, 1994.''.
(2) Penalties.--Section 924(a) of such title is further
amended by adding at the end the following:
``(9) Whoever knowingly violates section 922(w)(4) shall be fined
under this title, imprisoned not more than 5 years, or both.''.
SEC. 8. UNLAWFUL WEAPONS TRANSFERS TO JUVENILES.
Section 922(x) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''; and
(2) in paragraph (2)--
(A) in subparagraph (B), by striking the period and
inserting a semicolon; and
(B) by adding at the end the following:
``(C) a semiautomatic assault weapon; or
``(D) a large capacity ammunition feeding device.''.
SEC. 9. BAN ON IMPORTATION OF LARGE CAPACITY AMMUNITION FEEDING DEVICE.
(a) In General.--Section 922(w) of title 18, United States Code, as
amended by section 7(b)(1) of this Act, is further amended--
(1) in paragraph (1), by striking ``(1) Except as provided
in paragraph (2)'' and inserting ``(1)(A) Except as provided in
subparagraph (B)'';
(2) in paragraph (2), by striking ``(2) Paragraph (1)'' and
inserting ``(B) Subparagraph (A)''; and
(3) by inserting before paragraph (3) the following:
``(2) It shall be unlawful for any person to import or bring into
the United States a large capacity ammunition feeding device.''.
(b) Conforming Amendment.--Section 921(a)(31)(A) of such title is
amended by striking ``manufactured after the date of enactment of the
Violent Crime Control and Law Enforcement Act of 1994''. | Assault Weapons Ban and Law Enforcement Protection Act of 2003 - Amends Federal firearms provisions to revise the definition of "semiautomatic assault weapon" (SAW) to include conversion kits (for converting a firearm to a SAW) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has any one of the following characteristics, respectively: (1) a folding or telescoping stock, a threaded barrel, a pistol grip, a forward grip, or a barrel shroud; or (2) a second pistol grip, a threaded barrel, a barrel shroud, or the capacity to accept a detachable magazine at a location outside of the pistol grip.
Amends: (1) the Brady Handgun Violence Prevention Act to reauthorize the assault weapons ban and add new restrictions; and (2) the Public Safety and Recreational Firearms Use Protection Act to repeal the sunset provision regarding restrictions on large capacity ammunition feeding devices (LCAFDs) and on specified SAWs.
Modifies the exemptions from the Brady Act's prohibition against manufacturing, transferring, or possessing a semiautomatic assault weapon to exclude: (1) specified firearms, or replicas or duplicates, as manufactured on October 1, 1993; (2) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds; and (3) any semiautomatic shotgun that cannot hold more than five rounds in a fixed or detachable magazine.
Prohibits the transfer of a SAW except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any SAW which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make the record available to the public.
Prohibits: (1) the transfer of any assault weapon with an LCAFD; and (2) a licensed manufacturer, importer, or dealer who transfers an LCAFD that was manufactured on or before September 13, 1994, from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations.
Prohibits: (1) the transfer of a SAW or an LCAFD to a juvenile; and (2) the importation of an LCAFD. | {"src": "billsum_train", "title": "To reauthorize the assault weapons ban, and for other purposes."} | 3,355 | 559 | 0.381307 | 1.224452 | 0.586918 | 3.147992 | 6.021142 | 0.856237 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Habitat Homeownership
Act''.
SEC. 2. EXEMPTIONS.
(a) Truth in Lending Act.--The Truth in Lending Act (15 U.S.C. 1601
et seq.) is amended--
(1) in section 128(f) (15 U.S.C. 1638(f))--
(A) in paragraph (3)--
(i) by striking ``apply to any fixed rate''
and inserting the following: ``apply to--
``(A) any fixed rate'';
(ii) by striking the period and inserting
``; or''; and
(iii) by adding at the end the following:
``(B) any residential mortgage loan originated by a
non-profit low-income housing provider.''; and
(B) by adding at the end the following:
``(4) Non-profit low-income housing provider defined.--For
purposes of this subsection, the term `non-profit low-income
housing provider' means an organization that--
``(A) is exempt from taxation pursuant to section
501(c)(3) of the Internal Revenue Code of 1986;
``(B) makes residential mortgage loans--
``(i) for the purpose of promoting or
facilitating homeownership for poor or low-
income, disabled, or other disadvantaged
persons or families; and
``(ii) sets interest rates on such loans
that--
``(I) are lower than the bank prime
loan rate, as determined under the
Federal Reserve Statistical Release of
selected interest rates (commonly
referred to as the H.15) by the Board
of Governors of the Federal Reserve
System, for the last day of the most
recent weekly release of such rates; or
``(II) are, after adjusting for
inflation, no-interest loans or loans
with interest rates significantly below
the interest rates for loans for
purchase of single-family housing
generally available in the market;
``(C) except as described under subparagraph (B),
does not engage in the business of a loan originator or
mortgage broker;
``(D) conducts its activities in a manner that
serves public or charitable purposes;
``(E) receives funding and revenue and charges fees
in a manner that does not incentivize the organization
or its employees to act other than in the best
interests of its clients;
``(F) compensates employees in a manner that does
not incentivize employees to act other than in the best
interests of its clients; and
``(G) meets such other requirements as the Bureau
determines appropriate.''.
(2) in section 129C(a) (15 U.S.C. 1639c(a)), by adding at
the end the following:
``(10) Exemption for non-profit low-income housing
providers.--This subsection shall not apply to a residential
mortgage loan made by a non-profit low-income housing provider
(as such term is defined under section 128(f)(4)).'';
(3) in section 129E (15 U.S.C. 1638e), by adding at the end
the following:
``(l) Exemption for Non-Profit Low-Income Housing Providers.--This
section shall not apply to a residential mortgage loan made by a non-
profit low-income housing provider (as such term is defined under
section 128(f)(4)), or any services provided with respect to such a
mortgage loan.''; and
(4) in section 129H (15 U.S.C. 1638h), by adding at the end
the following:
``(g) Exemption for Non-Profit Low-Income Housing Providers.--This
section shall not apply to a residential mortgage loan made by a non-
profit low-income housing provider (as such term is defined under
section 128(f)(4)).''.
(b) Real Estate Settlement Procedures Act of 1974.--Section 6(k) of
the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2605(k))
is amended by adding at the end the following:
``(3) Exemption for non-profit low-income housing
providers.--This subsection and subsections (l) and (m) shall
not apply to the servicing of a residential mortgage loan made
by a non-profit low-income housing provider (as such term is
defined under section 128(f)(4) of the Truth in Lending
Act).''. | Protecting Habitat Homeownership Act - Amends the Truth in Lending Act and the Real Estate Settlement Procedures Act of 1974 to exempt residential mortgage loans originated by non-profit low-income housing providers from certain minimum loan standards as well as appraisal, servicing, and billing requirements. Defines "non-profit low-income housing provider" as a tax-exempt charitable organization that does not engage in the business of a loan originator or mortgage broker but does make residential mortgage loans: (1) to promote or facilitate homeownership for poor or low-income, disabled, or other disadvantaged persons or families; and (2) at interest rates lower than the bank prime loan rate; or (3) that are, after adjusting for inflation, no-interest loans or loans with interest rates significantly below the interest rates for loans for purchase of single-family housing generally available in the market. Prescribes additional requirements. | {"src": "billsum_train", "title": "Protecting Habitat Homeownership Act"} | 1,025 | 196 | 0.643283 | 1.957126 | 0.860555 | 3.87931 | 5.189655 | 0.890805 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Labeling Education
and Nutrition Act of 2008'' or the ``LEAN Act of 2008''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Nutrition labeling exemption.
Sec. 5. Voluntary nutrition labeling.
Sec. 6. Mandatory nutrition labeling.
Sec. 7. National uniformity.
Sec. 8. Implementing regulations.
Sec. 9. Effective dates.
Sec. 10. Technical and conforming amendments.
SEC. 2. FINDINGS.
Congress finds that--
(1) a healthy lifestyle includes a balanced diet as well as
physical activity;
(2) approximately more than 60 percent of American adults
and 30 percent of American children suffer from being
overweight and obese, which can lead to many chronic health
risks, including diabetes, heart disease, and hypertension;
(3) the United States ranks last in reducing the number of
preventable deaths resulting from obesity-related chronic
illnesses;
(4) during the 2-decade period preceding the date of
enactment of this Act, there has been a significant increase in
the number of meals prepared or eaten outside the home;
(5) nutrition labeling pursuant to the Nutrition Labeling
and Education Act of 1990 has increased significantly American
consumers' access to nutrition information regarding the foods
they consume;
(6) the Department of Agriculture and leading health groups
recognize that many individuals require different information
based on individual and specific health needs and risks;
(7) the nutrients provided pursuant to the Nutrition
Labeling and Education Act of 1990 provides consumers with all
the tools needed to make healthy choices;
(8) as of 2008, nutrition information for standard food
items is voluntarily provided by various delivery methods at
many major chains of food service establishments;
(9) the nutrient content of a food offered for sale in a
food service establishment can be determined with appropriate
accuracy by consulting nutrient databases, cookbooks,
laboratory analyses, or other sources that provide a reasonable
basis for information regarding the nutrient content of a food,
notwithstanding variability in the portion size, formulation,
and other characteristics of such food or its preparation
method; and
(10) public health and welfare are advanced if food service
establishment nutrition information is not subject to frivolous
litigation.
SEC. 3. DEFINITIONS.
Section 403(q) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(q)) is amended by adding at the end the following:
``(6) Definitions.--For purposes of subparagraphs (7) and
(8):
``(A) The term `standard food item' means a food
offered for sale at least 90 days per calendar year,
but does not include food not separately offered for
sale or food exempt under subparagraph (5)(C).
``(B) The term `menu' or `menu board' means the
primary writing on the premises of the food service
establishment from which consumers make their order
selection.
``(C) The term `reasonable basis' means any means
of determining nutrition information for a standard
food item made without an intent to deceive, including
nutrient databases, cookbooks, laboratory analyses, and
other reasonable means.
``(D) The term `food service establishment' means
an establishment that offers for sale food described in
subclause (i) or (ii) of subparagraph (5)(A).''.
SEC. 4. NUTRITION LABELING EXEMPTION.
Section 403(q)(5)(A) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 343(q)(5)(A)) is amended--
(1) by adding at the end of subclause (i) the following:
``except that such food shall not be considered exempt under
this subclause for purposes of providing nutrition information
under subparagraph (7) or (8).''; and
(2) by adding at the end of subclause (ii) the following:
``except that such food shall not be considered exempt under
this subclause for purposes of providing nutrition information
under subparagraph (7) or (8).''.
SEC. 5. VOLUNTARY NUTRITION LABELING.
Section 403(q) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(q)), as amended by section 3, is further amended by adding
at the end the following:
``(7) Voluntary nutrition labeling of food service
establishment food.--A food service establishment may provide
nutrition information for a food item under this subparagraph
by meeting the following requirements:
``(A) Providing nutrition information for all of
the nutrients required by subparagraphs (1)(C) and
(1)(D), determined with a reasonable basis.
``(B) Disclosing such information in written form
on the premises of the food service establishment.
``(C) Making such disclosure available upon request
prior to purchase.''.
SEC. 6. MANDATORY NUTRITION LABELING.
Section 403(q) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343(q)), as amended by section 5, is further amended by adding
at the end the following:
``(8) In general.--The labeling of a standard food item
served or offered for sale in a food service establishment that
is part of a chain that operates 20 or more establishments
under the same trade name (regardless of the type of ownership
of the establishments) shall, except as provided in clause (E),
disclose, in a clear and conspicuous manner in accordance with
paragraph (f), the following information, determined with a
reasonable basis, as follows:
``(A) Disclosure of calories.--
``(i) Calories on the menu board.--The
number of calories shall be disclosed prior to
the point of purchase by 1 of the following
means:
``(I) On the menu board.
``(II) On a sign presenting
standard food items in a manner similar
to the menu board and located on the
same wall as the menu board.
``(III) On a sign at eye level in
the consumer queue prior to the point
of purchase.
``(ii) Calories on the menu.--The number of
calories shall be disclosed prior to the point
of purchase by 1 of the following means:
``(I) In the menu.
``(II) In an insert that
accompanies the menu.
``(III) In an appendix that is
attached to the back of the menu.
``(IV) In a supplemental menu that
accompanies the menu.
``(B) Additional nutrition information.--The
nutrition information for all nutrients required by
subparagraphs (1)(C) and (1)(D) shall be located on the
premises of the food service establishment, in writing,
and available to the consumer upon request prior to the
point of purchase.
``(C) Referral statement.--A menu, menu board, or
other writing prior to the point of purchase shall bear
a statement directing the consumer to the availability
of additional nutrition information required under
clause (B).
``(D) Calorie information statement.--If calories
are not listed directly on a menu or menu board
pursuant to subclause (i)(I), (i)(II), or (ii)(I) of
clause (A), then the menu or menu board shall state the
suggested daily caloric intake as 2000 calories or an
alternative statement prescribed by the Secretary
through guidance.
``(E) Applicability.--This subparagraph shall not
apply to--
``(i) food offered for sale in a nonprofit
food service establishment;
``(ii) food that is not food described in
subclause (i) or (ii) of subparagraph (5)(A);
and
``(iii) such other food as the Secretary
may exempt by regulation.
``(F) Violations.--A person shall have knowingly or
willfully violated the requirements of this paragraph
if the person--
``(i) purposefully failed to make a
disclosure required by this paragraph; or
``(ii) made a disclosure under this
paragraph with an intent to deceive.
``(G) One determination per item.--A reasonable
basis determination of nutrition information shall be
required only once per standard food item if the
portion size is reasonably consistent and the food
service establishment follows a standardized recipe and
trains to a consistent method of preparation.''.
SEC. 7. NATIONAL UNIFORMITY.
Section 403A(a)(4) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 343-1(a)(4)) is amended to read as follows:
``(4) any requirement for nutrition labeling of food that
is not identical to the requirement of section 403(q), except a
requirement for nutrition labeling of food which is exempt
under subclause (i) or (ii) of section 403(q)(5)(A), other than
food served in an establishment that is not part of a chain
that operates 20 or more establishments under the same trade
name, or''.
SEC. 8. IMPLEMENTING REGULATIONS.
The Secretary of Health and Human Services (referred to in this
section as the ``Secretary'') shall carry out the following:
(1) Not later than 1 year after the date of enactment of
this Act, the Secretary shall promulgate proposed regulations
to mandate nutrition labeling of food service establishment
food in accordance with section 403(q)(8) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)) (as added by
section 6).
(2) Not later than 2 years after the date of enactment of
this Act, the Secretary shall promulgate final regulations to
mandate nutrition labeling of food service establishment food
in accordance with section 403(q)(8) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 343(q)(8)) (as added by section 6).
(3) If the Secretary determines that a nutrient other than
a nutrient required by section 403(q)(8) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)) should be included
in the labeling of food menu items subject to such section
403(q)(8) for purposes of providing information regarding the
nutritional value of such food that will assist consumers in
maintaining healthy dietary practices, the Secretary may by
regulation require that information relating to such an
additional nutrient be included in the labeling of such food
items.
(4) If the Secretary determines that the information
relating to a nutrient required by section 403(q)(8) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(8)) or
paragraph (3) of this section to be included in the labeling of
food menu items is not necessary to assist consumers in
maintaining healthy dietary practices, the Secretary may by
regulation strike the requirement to include such information
relating to such nutrient.
(5) The Secretary may prescribe by regulation alternative
clear and conspicuous means of meeting the requirements of
section 403(q)(8)(A) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343(q)(8)(A)) (as added by section 6).
SEC. 9. EFFECTIVE DATES.
The amendments made by this Act shall take effect on the date of
enactment of this Act, except that the amendment made by section 6
shall take effect 180 days after the Secretary of Health and Human
Services promulgates final regulations under section 8(2).
SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 403(q)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 343(q)(1)) is amended by striking ``subparagraphs (3), (4),
and (5)'' and inserting ``subparagraphs (3), (4), (5), (7), and (8).''
(b) Section 403(q)(5)(G) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 343(q)(5)(G)) is amended by striking ``Subparagraphs
(1), (2), (3) and (4)'' and inserting ``Subparagraphs (1), (2), (3),
(4), (7) and (8).'' | Labeling Education and Nutrition Act of 2008 or the LEAN Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to authorize a food service establishment to provide nutrition information for a food item by: (1) providing calories and nutrient information required for food intended for human consumption; (2) disclosing such information in written form; and (3) making such disclosure available upon request prior to purchase.
Requires the labeling of a standard food item served or offered for sale in a food service establishment that is part of a chain that operates 20 or more establishments under the same trade name to disclose, in a clear and conspicuous manner, prior to the point of purchase: (1) the number of calories on a menu board, on a sign meeting certain requirements, in the menu, or as part of or supplement to the menu; (2) specified nutrient information, in writing and upon request; (3) a statement directing the consumer to the availability of additional nutrient information; and (4) a statement providing suggested daily caloric intake, on a menu or menu board that does not list calories.
Declares a person to have knowingly or willfully violated the requirements of this Act if the person: (1) purposefully fails to make a disclosure required by this Act; or (2) makes a disclosure with the intent to deceive.
Provides that a reasonable basis determination of nutrition information shall be required only once per standard food item if certain requirements are met.
Preempts state laws not identical to this Act. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act with respect to nutrition labeling of food offered for sale in food service establishments."} | 2,827 | 331 | 0.535456 | 1.65483 | 0.730312 | 4.086667 | 8.46 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hormone Disruption Research Act of
2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Many compounds found or introduced into the environment
by human activity are capable of disrupting the hormone system
of humans and animals. The consequences of such disruption can
be profound because of the crucial role hormones play in
controlling development. No standardized and validated screens
or tests have been developed to routinely and systematically
assess chemicals for disruptive effects on hormone systems.
(2) In the last 30 years, the United States has experienced
an increase in the incidence of such human disorders as
childhood cancers, testicular cancer, hypospadias, juvenile
diabetes, attention deficit-like hyperactivity disorders,
autism, thyroid disorders, and auto-immune disorders. Exposure
to hormone-disrupting chemicals may be contributing to these
increases. The impact on children's health as a result of
prenatal exposures in particular needs further research.
(3) In 2001, the Centers for Disease Control and
Prevention's ``National Report on Human Exposure to
Environmental Chemicals'' reported on human exposure to 27
chemicals, and found unexpectedly high levels of certain
chemicals used in consumer products. The hazards to humans of
these chemicals, singly and in combination, are not well
understood.
(4) Many wildlife populations have been affected by hormone
disrupting substances, including birds, fish, reptiles, and
mammals. The effects vary among species and compounds.
(5) The effects in wildlife include thyroid dysfunction,
decreased fertility, decreased hatching success, gross birth
deformities, metabolic and behavioral abnormalities,
demasculinization and feminization of male organisms,
deformation and masculinization of female organisms, and
compromised immune systems. These effects may signal hazards to
human health.
(6) Laboratory studies have corroborated studies of effects
in wildlife and have identified biological mechanisms to
explain the effects shown.
(7) Since the chemicals found in wildlife are also found in
humans, humans are exposed to the same chemicals as wildlife.
(8) Hormone disruption can occur at very low doses,
especially when exposure occurs in the womb or immediately
after birth, periods during which rapid development is
occurring.
(9) In the Food Quality Protection Act of 1996 (21 U.S.C.
301 note), Congress recognized the special vulnerability of
infants and children to pesticides and requested that the
Environmental Protection Agency establish a program to screen
and test hormone disrupting chemicals. The Environmental
Protection Agency has not yet required such screening or tests.
(10) In 1998, a research committee on hormone disrupters,
organized under the auspices of the Office of Science and
Technology Policy, concluded that ``scientific knowledge is
inadequate to fully inform public policy, and a government-wide
coordinated research effort that addresses the key scientific
uncertainties . . . is needed''.
(11) In 1999, in response to a request from Congress and
funded through the Environmental Protection Agency and the
Department of the Interior, the National Academy of Sciences
compiled a lengthy list of research, monitoring, and testing
priorities related to hormone disruption.
(12) The National Institute of Environmental Health
Sciences conducts much of the Federal Government's research on
hormone disruption, often working in partnership with other
agencies.
(13) Congress fully supports critical research being
performed by the National Institute of Environmental Health
Sciences on methods to reduce, refine, or replace animal tests
in scientific and medical studies.
(14) Congress strongly supports protection of animal
subjects and encourages all scientists to use alternatives to
animal testing to the maximum extent possible.
(15) The United States Geological Survey (referred to in
this section as the ``USGS'') has considerable experience
assessing the occurrence of chemicals in the environment,
ecological health, and the hazards to wildlife health and
associated human health posed by chemicals in the environment,
as a result of monitoring by the USGS of the Nation's water
resources and wildlife disease, and research by the USGS on the
effects of chemicals on wildlife.
(16) The National Academy of Sciences has recognized the
expertise of the USGS in such areas as food web contamination
and water quality assessment and has encouraged more
coordinated work on human health between the USGS and the
National Institutes of Health.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICES ACT TO PROVIDE FOR
RESEARCH ON HORMONE DISRUPTION.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 2851 et seq.) is amended by adding at the end of the
following:
``directed national program of research on hormone disruption
``Sec. 463B. (a) Study.--
``(1) In general.--The Director of the Institute shall
establish within the Institute a comprehensive program to--
``(A) conduct research on the impact of chemicals
that affect human health through disruption of the
hormone systems;
``(B) conduct research on the occurrence of hormone
disrupting chemicals in the environment and their
effects on ecological and wildlife health, in
cooperation with the United States Geological Survey
(referred to in this section as the `USGS');
``(C) coordinate the design of a multi-agency
research initiative on hormone disruption;
``(D) coordinate research on hormone disruption in
the United States with such research conducted in other
nations; and
``(E) report to the public every 2 years on the
extent to which hormone disruption by chemicals in the
environment poses a threat to human health and the
environment.
``(2) Issues to be studied.--The program, established under
paragraph (1) shall provide for the following:
``(A) Collection, compilation, publication, and
dissemination of scientifically valid information on--
``(i) possible human health effects of
hormone disrupting chemicals, with emphasis on
exposures to low doses of individual chemicals
and chemical mixtures during critical life
stages of development, particularly effects of
prenatal exposures on children's health;
``(ii) the extent of human exposure to
hormone disrupting chemicals, with particular
emphasis on exposures during critical life
stages of development and in residential and
occupational settings; and
``(iii) exposure of wildlife species to
hormone disrupting chemicals and possible
health effects associated with such exposures.
``(B) Research on mechanisms by which hormone
disrupting substances interact with biological systems.
``(C) Research on improved in vitro and in vivo
methods to screen and test hormone disruption.
``(D) Research on the identity, levels, transport
and fate of hormone disrupting chemicals in the
environment.
``(b) Director's Duties.--
``(1) In general.--The Director of the Institute shall have
principal responsibility, in consultation with the Director of
the USGS, for conducting and coordinating research on the
effects of hormone disrupting chemicals on human health and the
environment.
``(2) Agreement.--Not later than 6 months after the date of
enactment of the Hormone Disruption Research Act of 2002, the
Director of the Institute and the Director of the USGS shall
enter into an agreement to carry out the research program
established under subsection (a).
``(3) Transfer of funds.--The Director of the Institute may
transfer funds to other Federal agencies to carry out the
Director's responsibilities under paragraph (1).
``(4) Report.--The Director of the Institute, in
consultation with the Director of the USGS, shall make
available to the public, every 2 years following the date of
enactment of the Hormone Disruption Research Act of 2002,
findings and conclusions on the extent to which hormone
disruption by chemicals in the environment poses a threat to
human health and the environment.
``(c) Interagency Commission.--
``(1) Establishment.--The Secretary shall establish a
commission to be known as the Hormone Disruption Research
Interagency Commission (referred to in this section as
`Interagency Commission') to advise the Director of the
Institute and the Director of the USGS on the development of a
comprehensive agenda for conducting research on hormone
disruption.
``(2) Membership.--The Interagency Commission shall be
composed of 12 members, as follows:
``(A) The Director of the Institute, who shall
serve as the Chairperson.
``(B) The Director of the USGS, who shall serve as
the Vice-Chairperson.
``(C) The Commissioner of the Food and Drug
Administration.
``(D) The Director of the Centers for Disease
Control and Prevention.
``(E) The Administrator of the National Oceanic and
Atmospheric Administration.
``(F) The Director of the National Institute for
Occupational Safety and Health.
``(G) The Administrator of the Agency for Toxic
Substances and Disease Registry.
``(H) The Director of the Fish and Wildlife
Service.
``(I) The Secretary of Defense.
``(J) The Administrator of the Environmental
Protection Agency.
``(K) The Chairman of the Consumer Product Safety
Commission.
``(L) The Director of the National Science
Foundation.
``(3) Staff.--Each department or agency represented by a
member on the Interagency Commission shall provide appropriate
staff to carry out the duties of the Interagency Commission.
``(4) Recommendations.--Not later than 12 months after the
date of enactment of the Hormone Disruption Research Act of
2002, the Interagency Commission shall recommend to the
Director of the Institute and the Director of the USGS a
research program, including levels of funding for intramural
and extramural research.
``(5) Public comment.--The Director of the Institute,
through publication of notice in the Federal Register, shall
provide the general public with an opportunity to comment on
the recommendations of the Interagency Commission.
``(6) Report.--Not later than 4 years after the date of
enactment of the Hormone Disruption Research Act of 2002, the
Interagency Commission shall conduct a review of the program
established under subsection (a) and submit a report on the
results of such review to the Director of the Institute and to
the Hormone Disruption Research Panel established under
subsection (e).
``(d) Financial Assistance.--
``(1) In general.--The Director of the Institute may
provide financial assistance and enter into grants, contracts,
and interagency memoranda of understanding to conduct
activities under this section. Research conducted pursuant to
interagency memoranda of understanding may be conducted through
intramural and extramural agency research programs, subject to
appropriate scientific peer review.
``(e) Hormone Disruption Research Panel.--
``(1) Establishment.--There is established in the Institute
a Hormone Disruption Research Panel (referred to in this
subsection as the `Panel').
``(2) Duties.--The Panel shall advise the Director of the
Institute concerning the scientific content of the program
established under subsection (a), the progress of such program,
and public outreach, and shall provide such other advice as
requested by the Director of the Institute.
``(3) Membership.--The Panel shall be composed of the
following:
``(A) 15 voting members to be appointed by the
President, in consultation with the Director of the
Institute.
``(B) Such nonvoting, ex officio members as the
Director of the Institute determines to be appropriate.
``(4) Voting members.--Of the 15 voting members of the
Panel--
``(A) at least 2 members shall be from
environmental protection organizations;
``(B) at least 2 members shall be from public
health and consumer organizations;
``(C) at least 2 members shall be from industry;
and
``(D) a majority of the members shall be selected
from among scientists and environmental health
professionals who--
``(i) are not officers or employees of the
United States;
``(ii) represent multiple disciplines,
including clinical, basic, public, and
ecological health sciences;
``(iii) represent different geographical
regions of the United States;
``(iv) are from practice settings, academic
settings, and for-profit or not-for-profit
research settings; and
``(v) have experience in review of
research on endocrine disruption.
``(5) Terms.--The members of the Panel shall be appointed
for an initial term of 3 years and shall be eligible for
reappointment for 1 additional term of 2 years.
``(6) Chairperson.--The members of the Panel appointed
under paragraph (3) shall elect a chairperson from among such
members.
``(7) Meetings.--The Panel shall meet at the call of the
chairperson or upon the request of the Director of the
Institute, but in no case less often than once each year.
``(8) Administrative support.--The Institute shall provide
administrative support to the Panel.
``(f) Conflicts of Interest.--All grants and contracts entered into
under this section shall include conflict of interest provisions that
require any person conducting a project under this section to disclose
any other source of funding received by the person to conduct other
related projects.
``(g) Definitions.--For purposes of this section:
``(1) Hormone.--The term `hormone' means a substance
produced in a cell or tissue that triggers a biological
response. Hormone activity may be localized to the cell in
which the substance is produced, or may be in nearby or distant
tissues or organs.
``(2) Hormone disruption.--The term `hormone disruption'
means interference by a substance with the synthesis,
secretion, transport, binding, action, or elimination of
natural hormones in the body that are responsible for the
maintenance of homeostasis, reproduction, development,
function, or behavior.
``(h) Authorization of Appropriations.--
``(1) General authorization.--There are authorized to be
appropriated $500,000,000 for the 5-fiscal-year period
beginning with fiscal year 2003 to carry out this section.
Amounts appropriated pursuant to this paragraph shall remain
available until expended.
``(2) Restrictions on use of funds.--
``(A) Construction and rehabilitation of facilities
and equipment.--Not more than 0.5 percent of the funds
made available under this section may be used for the
construction or rehabilitation of facilities or fixed
equipment.
``(B) Administrative expenses of the director.--Of
the total amount of funds made available under this
section for any fiscal year, not more than 2 percent of
such funds may be used for administrative expenses of
the Director of the Institute in carrying out this
section.
``(C) Public outreach.--Of the total amount of
funds made available under this section for any fiscal
year, at least 1 percent, but not more than 5 percent,
shall be used for outreach to the public concerning the
activities and results of the program.''. | Hormone Disruption Research Act of 2002 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to establish a comprehensive research program on the impact and occurrence of hormone disrupting chemicals as they affect human, ecological, and wildlife health.Requires the program to: (1) compile scientifically valid information, with an emphasis on the effect of low doses during critical life stages and the extent of human and wildlife exposure; (2) research the mechanisms by which such chemicals interact with biological systems as well as their screening and tracking; and (3) include the participation of the U.S. Geological Survey.Directs the Secretary of Health and Human Services to establish the Hormone Disruption Research Interagency Commission.Establishes a Hormone Disruption Research Panel within the Institute. | {"src": "billsum_train", "title": "To amend the Public Health Services Act to authorize the Director of the National Institute of Environmental Health Sciences to conduct and coordinate a research program on hormone disruption."} | 3,236 | 183 | 0.53042 | 1.638373 | 0.740446 | 2.513514 | 20.939189 | 0.932432 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Safety Act of 1996''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Passenger cab car.--The term ``passenger cab car''
means the leading cab car on a passenger train that does not
have a locomotive or safety locomotive at the front of the
train.
(2) Railroad carrier.--The term ``railroad carrier'' has
the same meaning as in section 20102(2) of title 49, United
States Code.
(3) Safety locomotive.--The term ``safety locomotive''
means a cab-car locomotive (whether operational or not) that is
used at the front of a rail passenger train to promote
passenger safety.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(5) Train employee.--The term ``train employee'' has the
same meaning as in section 21101(5) of title 49, United States
Code.
SEC. 3. HOURS OF SERVICE.
(a) Amendment.--Section 21103 of title 49, United States Code, is
amended to read as follows:
``Sec. 21103. Limitations on duty hours of train employees
``(a) Regulations.--The Secretary of Transportation shall
promulgate regulations concerning limitations on duty hours of train
employees that contain--
``(1) requirements concerning hours of work for train
employees and interim periods available for rest that are no
less stringent than the applicable requirements under this
section, as in effect on the day before the date of enactment
of the Rail Safety Act of 1996; and
``(2) any other related requirements that the Secretary
determines to be necessary to protect public safety.
``(b) Negotiated Rulemaking.--In promulgating regulations under
this section, the Secretary shall use negotiated rulemaking in
accordance with the procedures under subchapter III of chapter 5 of
title 5, United States Code, unless the Secretary determines that the
use of that process is not appropriate.''.
(b) Promulgation.--The Secretary shall promulgate the regulations
described in section 21103 of title 49, United States Code, as amended
by subsection (a), within 180 days after the date of enactment of this
Act.
(c) Continued Effect of Requirements.--The requirements stated in
section 21103 of title 49, United States Code, as in effect on the day
before the date of enactment of this Act, shall continue in effect
until the Secretary promulgates final regulations under subsection (b).
SEC. 4. SATELLITE-BASED POSITIVE TRAIN CONTROL SYSTEMS.
(a) Study and Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete and transmit to the
Congress a report detailing the results of a study to determine the
feasibility of requiring satellite-based positive train control systems
in the United States by January 1, 2001.
(b) Time Frame for Operation.--
(1) Determination of practicability.--Upon completion of
the study conducted under subsection (a), the Secretary shall
determine whether the installation of effective satellite-based
positive train control systems referred to in subsection (a)
could be accomplished practicably by January 1, 2001.
(2) Automated train control systems requirement.--Within
180 days after the completion of the study conducted under
subsection (a), the Secretary shall promulgate regulations to
require, as soon as practicable after the promulgation of the
regulations, the use of automated train control systems that
are available at that time.
(3) Waivers.--If the appropriate official of a railroad
carrier establishes, to the satisfaction of the Secretary, and
in a manner specified by the Secretary, that the railroad
carrier will have in operation a satellite-based positive train
control system by January 1, 2001, the Secretary shall waive
for that railroad carrier the application of the regulations
promulgated under paragraph (2), subject to terms and
conditions established by the Secretary.
(4) Exceptions and conditions.--In promulgating regulations
under this subsection, the Secretary shall provide for any
exceptions or conditions that the Secretary determines to be
necessary.
(5) Monitoring.--If the Secretary issues a waiver for a
railroad carrier under paragraph (3), the railroad carrier
shall, during the period that the waiver is in effect, provide
such information to the Secretary as the Secretary determines
to be necessary to monitor the compliance of the railroad
carrier with the terms and conditions of the waiver, including
information concerning the progress of the railroad carrier in
achieving an operational satellite-based positive train control
system.
(6) Revocation of waivers.--If, at any time during the
period that a waiver issued under paragraph (3) is in effect,
the Secretary determines that the railroad carrier issued the
waiver is not meeting the terms or conditions of the waiver, or
is not likely to have in operation a satellite-based positive
train control system by January 1, 2001, the Secretary shall
revoke the waiver.
SEC. 5. AUTOMATIC TRAIN ESCAPE DEVICE STUDY.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete and transmit to the Congress a
report detailing the results of a study of the technical, structural,
and economic feasibility of installing in rail passenger cars devices
which, in the event of a collision, would automatically provide
passenger escape access.
(b) Regulations.--If the Secretary finds in the study that
automatic train escape devices should be required on rail passenger
trains, the Secretary shall, not later than 180 days after the date the
report is submitted to Congress under subsection (a), promulgate
regulations to require automatic train escape devices on rail passenger
trains as soon as practicable after the promulgation of the
regulations.
SEC. 6. EMERGENCY SAFETY PRECAUTIONS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall determine what regulations are
necessary to increase the ability of passengers to escape from a rail
car in the event of an emergency. The Secretary shall consider whether
regulations are necessary to require--
(1) emergency lighting in each rail car;
(2) emergency windows that are clearly marked and operate
easily;
(3) doors that are easy to operate in an emergency
situation;
(4) clear emergency procedure instructions to be
prominently displayed in all rail passenger cars; and
(5) public address announcements at each train stop that
direct passengers to emergency procedure instructions displayed
in each car.
(b) Regulations.--If the Secretary determines that promulgating any
of the regulations referred to in subsection (a) is necessary, the
Secretary shall promulgate such regulations, to take effect as soon as
practicable after the promulgation of the regulations.
SEC. 7. LOCOMOTIVE FUEL TANKS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish, by regulation,
minimum safety standards for fuel tanks of locomotives of rail
passenger trains that take into consideration environmental protection
and public safety.
(b) Applicability.--The Secretary may limit the applicability of
the regulations promulgated under subsection (a) to new locomotives (as
defined by the Secretary) if the Secretary determines that the
limitation is appropriate.
SEC. 8. PASSENGER CAR CRASHWORTHINESS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall determine whether to promulgate
regulations, for the purpose of protecting public safety, to--
(1) require crash posts at the corners of rail passenger
cars;
(2) require safety locomotives on rail passenger trains;
(3) establish minimum crashworthiness standards for
passenger cab cars; or
(4) carry out any combination of paragraphs (1) through
(3).
(b) Regulations.--If the Secretary determines that promulgating any
of the regulations referred to in subsection (a) is necessary to
protect public safety, the Secretary shall, not later than 18 months
after the date of enactment of this Act, promulgate such regulations in
final form, to take effect as soon as practicable after the
promulgation of the regulations.
(c) Report.--If the Secretary determines under subsection (a) that
taking any action referred to in paragraphs (1) through (3) of such
subsection is not necessary to protect public safety, not later than
the date of the determination the Secretary shall submit a report to
the Congress that provides the reasons for that determination.
SEC. 9. SIGNAL PLACEMENT.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall complete a study of the placement of rail
signals along railways. In conducting the study, the Secretary shall at
a minimum determine whether regulations should be promulgated to
require--
(1) that a signal be placed along a railway at each exit of
a rail station; and
(2) if practicable, that a signal be placed so that it is
visible only to the train employee of a train that the signal
is designed to influence.
(b) Regulations.--If, upon completion of the study conducted under
subsection (a), the Secretary determines that the regulations referred
to in that subsection are necessary for the protection of public
safety, the Secretary shall, not later than 180 days after the
completion of the study, promulgate those regulations.
(c) Report.--If, upon completion of the study conducted under
subsection (a), the Secretary determines that promulgating any of the
regulations referred to in that subsection is not necessary for the
protection of public safety, not later than the date of the
determination the Secretary shall submit a report to the Congress that
provides the reasons for that determination. | Rail Safety Act of 1996 - Amends Federal transportation law to direct the Secretary of Transportation to promulgate regulations concerning limitations on duty hours of train employees that are no less stringent than those under specified existing Federal transportation law.
Directs the Secretary to study and report to the Congress on: (1) the feasibility of requiring satellite-based positive train control systems in the United States by January 1, 2001; and (2) the technical, structural, and economic feasibility of installing in rail passenger cars devices which, in the event of a collision, would automatically provide passenger escape access. Directs the Secretary, to the extent feasibility is determined, to promulgate regulations requiring installation of such control systems and train escape devices by specified dates.
Directs the Secretary to: (1) determine what regulations are necessary to increase the ability of passengers to escape from a rail car in the event of an emergency; and (2) if necessary, promulgate them, to take effect as soon as practicable.
Directs the Secretary to establish, by regulation, minimum safety standards for fuel tanks of locomotives of rail passenger trains that take into consideration environmental protection and public safety.
Directs the Secretary to determine, and report to the appropriate congressional committees, whether to promulgate regulations for public safety purposes to: (1) require crash posts at the corners of rail passenger cars; (2) require safety locomotives on rail passenger trains; (3) establish minimum crash-worthiness standards for passenger cab cars; or (4) carry out any combination of the above.
Directs the Secretary to: (1) study whether to promulgate regulations requiring placement of rail signals along railways in specified positions; and (2) promulgate such regulations if the requirement is determined necessary. Requires a report to the Congress if such placement is determined unnecessary. | {"src": "billsum_train", "title": "Rail Safety Act of 1996"} | 2,167 | 369 | 0.569351 | 1.652434 | 0.676704 | 4.92437 | 5.57423 | 0.913165 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconnecting Homeless Youth Act of
2008''.
SEC. 2. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701)
is amended--
(1) by redesignating paragraphs (3), (4), and (5) as paragraphs
(4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) services to such young people should be developed and
provided using a positive youth development approach that ensures a
young person a sense of--
``(A) safety and structure;
``(B) belonging and membership;
``(C) self-worth and social contribution;
``(D) independence and control over one's life; and
``(E) closeness in interpersonal relationships.''.
SEC. 3. BASIC CENTER PROGRAM.
(a) Services Provided.--Section 311 of the Runaway and Homeless
Youth Act (42 U.S.C. 5711) is amended--
(1) in subsection (a)(2)(B), by striking clause (i) and
inserting the following:
``(i) safe and appropriate shelter provided for not to
exceed 21 days; and''; and
(2) in subsection (b)(2)--
(A) by striking ``(2) The'' and inserting ``(2)(A) Except
as provided in subparagraph (B), the'';
(B) by striking ``$100,000'' and inserting ``$200,000'';
(C) by striking ``$45,000'' and inserting ``$70,000''; and
(D) by adding at the end the following:
``(B) For fiscal years 2009 and 2010, the amount allotted under
paragraph (1) with respect to a State for a fiscal year shall be not
less than the amount allotted under paragraph (1) with respect to such
State for fiscal year 2008.
``(C) Whenever the Secretary determines that any part of the amount
allotted under paragraph (1) to a State for a fiscal year will not be
obligated before the end of the fiscal year, the Secretary shall
reallot such part to the remaining States for obligation for the fiscal
year.''.
(b) Eligibility.--Section 312(b) of the Runaway and Homeless Youth
Act (42 U.S.C. 5712(b)) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period and inserting ``;
and''; and
(3) by adding at the end the following:
``(13) shall develop an adequate emergency preparedness and
management plan.''.
SEC. 4. TRANSITIONAL LIVING GRANT PROGRAM.
(a) Eligibility.--Section 322(a) of the Runaway and Homeless Youth
Act (42 U.S.C. 5714-2(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``directly or indirectly'' and inserting
``by grant, agreement, or contract''; and
(B) by striking ``services'' the first place it appears and
inserting ``provide, by grant, agreement, or contract,
services,'';
(2) in paragraph (2), by striking ``a continuous period not to
exceed 540 days, except that'' and all that follows and inserting
the following: ``a continuous period not to exceed 540 days, or in
exceptional circumstances 635 days, except that a youth in a
program under this part who has not reached 18 years of age on the
last day of the 635-day period may, in exceptional circumstances
and if otherwise qualified for the program, remain in the program
until the youth's 18th birthday;'';
(3) in paragraph (14), by striking ``and'' at the end;
(4) in paragraph (15), by striking the period and inserting ``;
and''; and
(5) by adding at the end the following:
``(16) to develop an adequate emergency preparedness and
management plan.''.
(b) Definitions.--Section 322(c) of the Runaway and Homeless Youth
Act (42 U.S.C. 5714-2(c)) is amended by--
(1) striking ``part, the term'' and inserting the following:
``part--
``(1) the term'';
(2) striking the period and inserting ``; and''; and
(3) adding at the end thereof the following:
``(2) the term `exceptional circumstances' means circumstances
in which a youth would benefit to an unusual extent from additional
time in the program.''.
SEC. 5. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND SERVICE
PROJECTS.
Section 343 of the Runaway and Homeless Youth Act (42 U.S.C. 5714-
23) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``special consideration'' and inserting ``priority'';
(B) in paragraph (8)--
(i) by striking ``to health'' and inserting ``to
quality health'';
(ii) by striking ``mental health care'' and inserting
``behavioral health care''; and
(iii) by striking ``and'' at the end;
(C) in paragraph (9), by striking the period at the end and
inserting ``, including access to educational and workforce
programs to achieve outcomes such as decreasing secondary
school dropout rates, increasing rates of attaining a secondary
school diploma or its recognized equivalent, or increasing
placement and retention in postsecondary education or advanced
workforce training programs; and''; and
(D) by adding at the end the following:
``(10) providing programs, including innovative programs, that
assist youth in obtaining and maintaining safe and stable housing,
and which may include programs with supportive services that
continue after the youth complete the remainder of the programs.'';
and
(2) by striking subsection (c) and inserting the following:
``(c) In selecting among applicants for grants under subsection
(a), the Secretary shall--
``(1) give priority to applicants who have experience working
with runaway or homeless youth; and
``(2) ensure that the applicants selected--
``(A) represent diverse geographic regions of the United
States; and
``(B) carry out projects that serve diverse populations of
runaway or homeless youth.''.
SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER ACTIVITIES.
Part D of the Runaway and Homeless Youth Act (42 U.S.C. 5714-21 et
seq.) is amended by adding at the end the following:
``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF YOUTH
HOMELESSNESS.
``(a) Periodic Estimate.--Not later than 2 years after the date of
enactment of the Reconnecting Homeless Youth Act of 2008, and at 5-year
intervals thereafter, the Secretary, in consultation with the United
States Interagency Council on Homelessness, shall prepare and submit to
the Committee on Education and Labor of the House of Representatives
and the Committee on the Judiciary of the Senate, and make available to
the public, a report--
``(1) by using the best quantitative and qualitative social
science research methods available, containing an estimate of the
incidence and prevalence of runaway and homeless individuals who
are not less than 13 years of age but are less than 26 years of
age; and
``(2) that includes with such estimate an assessment of the
characteristics of such individuals.
``(b) Content.--The report required by subsection (a) shall
include--
``(1) the results of conducting a survey of, and direct
interviews with, a representative sample of runaway and homeless
individuals who are not less than 13 years of age but are less than
26 years of age, to determine past and current--
``(A) socioeconomic characteristics of such individuals;
and
``(B) barriers to such individuals obtaining--
``(i) safe, quality, and affordable housing;
``(ii) comprehensive and affordable health insurance
and health services; and
``(iii) incomes, public benefits, supportive services,
and connections to caring adults; and
``(2) such other information as the Secretary determines, in
consultation with States, units of local government, and national
nongovernmental organizations concerned with homelessness, may be
useful.
``(c) Implementation.--If the Secretary enters into any contract
with a non-Federal entity for purposes of carrying out subsection (a),
such entity shall be a nongovernmental organization, or an individual,
determined by the Secretary to have appropriate expertise in
quantitative and qualitative social science research.''.
SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351(b) of the Runaway and Homeless Youth Act (42 U.S.C.
5714-41(b)) is amended by inserting ``public and'' after ``priority
to''.
SEC. 8. PERFORMANCE STANDARDS.
Part F of the Runaway and Homeless Youth Act (42 U.S.C. 5714a et
seq.) is amended by inserting after section 386 the following:
``SEC. 386A. PERFORMANCE STANDARDS.
``(a) Establishment of Performance Standards.--Not later than 1
year after the date of enactment of the Reconnecting Homeless Youth Act
of 2008, the Secretary shall issue rules that specify performance
standards for public and nonprofit private entities and agencies that
receive grants under sections 311, 321, and 351.
``(b) Consultation.--The Secretary shall consult with
representatives of public and nonprofit private entities and agencies
that receive grants under this title, including statewide and regional
nonprofit organizations (including combinations of such organizations)
that receive grants under this title, and national nonprofit
organizations concerned with youth homelessness, in developing the
performance standards required by subsection (a).
``(c) Implementation of Performance Standards.--The Secretary shall
integrate the performance standards into the processes of the
Department of Health and Human Services for grantmaking, monitoring,
and evaluation for programs under sections 311, 321, and 351.''.
SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.
(a) Study.--
(1) In general.--The Comptroller General of the United States
shall conduct a study, including making findings and
recommendations, relating to the processes for making grants under
parts A, B, and E of the Runaway and Homeless Youth Act (42 U.S.C.
5711 et seq., 5714-1 et seq., 5714-41).
(2) Subjects.--In particular, the Comptroller General shall
study--
(A) the Secretary's written responses to and other
communications with applicants who do not receive grants under
part A, B, or E of such Act, to determine if the information
provided in the responses and communications is conveyed
clearly;
(B) the content and structure of the grant application
documents, and of other associated documents (including grant
announcements), to determine if the requirements of the
applications and other associated documents are presented and
structured in a way that gives an applicant a clear
understanding of the information that the applicant must
provide in each portion of an application to successfully
complete it, and a clear understanding of the terminology used
throughout the application and other associated documents;
(C) the peer review process for applications for the
grants, including the selection of peer reviewers, the
oversight of the process by staff of the Department of Health
and Human Services, and the extent to which such staff make
funding determinations based on the comments and scores of the
peer reviewers;
(D) the typical timeframe, and the process and
responsibilities of such staff, for responding to applicants
for the grants, and the efforts made by such staff to
communicate with the applicants when funding decisions or
funding for the grants is delayed, such as when funding is
delayed due to funding of a program through appropriations made
under a continuing resolution; and
(E) the plans for implementation of, and the implementation
of, where practicable, the technical assistance and training
programs carried out under section 342 of the Runaway and
Homeless Youth Act (42 U.S.C. 5714-22), and the effect of such
programs on the application process for the grants.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall prepare and submit to the
Committee on Education and Labor of the House of Representatives and
the Committee on the Judiciary of the Senate a report containing the
findings and recommendations resulting from the study.
SEC. 10. DEFINITIONS.
(a) Homeless Youth.--Section 387(3) of the Runaway and Homeless
Youth Act (42 U.S.C. 5732a(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``The'' and all that follows through ``means'' and inserting ``The
term `homeless', used with respect to a youth, means''; and
(2) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``not more than'' each place it appears
and inserting ``less than''; and
(ii) by inserting after ``age'' the last place it
appears the following: ``, or is less than a higher maximum
age if the State where the center is located has an
applicable State or local law (including a regulation) that
permits such higher maximum age in compliance with
licensure requirements for child-and youth-serving
facilities''; and
(B) in clause (ii), by striking ``age;'' and inserting the
following: ``age and either--
``(I) less than 22 years of age; or
``(II) not less than 22 years of age, as of the
expiration of the maximum period of stay permitted
under section 322(a)(2) if such individual commences
such stay before reaching 22 years of age;''.
(b) Runaway Youth.--Section 387 of the Runaway and Homeless Youth
Act (42 U.S.C. 5732a) is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Runaway youth.--The term `runaway', used with respect to
a youth, means an individual who is less than 18 years of age and
who absents himself or herself from home or a place of legal
residence without the permission of a parent or legal guardian.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 388(a) of the Runaway and Homeless Youth Act (42 U.S.C.
5751(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``is authorized'' and inserting ``are
authorized'';
(B) by striking ``part E) $105,000,000 for fiscal year
2004'' and inserting ``section 345 and part E) $140,000,000 for
fiscal year 2009''; and
(C) by striking ``2005, 2006, 2007, and 2008'' and
inserting ``2010, 2011, 2012, and 2013'';
(2) in paragraph (3)--
(A) by striking ``In'' and inserting the following:
``(A) In general.--In'';
(B) by inserting ``(other than section 345)'' before the
period; and
(C) by adding at the end the following:
``(B) Periodic estimate.--There are authorized to be
appropriated to carry out section 345 such sums as may be
necessary for fiscal years 2009, 2010, 2011, 2012, and 2013.'';
and
(3) in paragraph (4)--
(A) by striking ``is authorized'' and inserting ``are
authorized''; and
(B) by striking ``such sums as may be necessary for fiscal
years 2004, 2005, 2006, 2007, and 2008'' and inserting
``$25,000,000 for fiscal year 2009 and such sums as may be
necessary for fiscal years 2010, 2011, 2012, and 2013''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Reconnecting Homeless Youth Act of 2008 - (Sec. 3) Amends the Runaway and Homeless Youth Act to revise requirements for services provided under grants from the Secretary of Health and Human Services for centers for runaway and homeless youth and their families. Limits the length of stay in such a center to 21 days.
Increases grant minimum allotments from $100,000 to $200,000 for states and from $45,000 to $70,000 for the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Prohibits the allotted amounts for a state for FY2009-FY2010 from being less than the allotted amount for FY2008.
Requires the plan proposed by grant applicants for a runaway and homeless youth center to include an adequate emergency preparedness and management plan.
(Sec. 4) Revises requirements for transitional living programs. Specifies that shelter and services may be provided by grant, agreement, or contract (currently, directly or indirectly) to homeless youth.
Increases the maximum length of continuous stay in such programs from 540 days to 635 days, if a youth would benefit to an usual extent from additional time in the program.
Requires a transitional living program also to develop an adequate emergency preparedness and management plan.
(Sec. 5) Requires the Secretary to give priority (currently, special consideration) to grant applicants for specified research, evaluation, demonstration, and service projects regarding runaway youth and homeless youth.
Requires the Secretary to give special consideration to proposed projects relating to: (1) behavior (currently, mental) health care for runaway and homeless youth; (2) access to educational and workforce programs to achieve outcomes such as decreasing secondary school dropout rates, increasing rates of attaining a secondary school diploma (or equivalent), or increasing placement and retention in postsecondary education or advanced workforce training programs; and (3) programs, including innovative programs, that assist youth in obtaining and maintaining safe and stable housing (which may include programs with supportive services that continue after the youth completes the remainder of the programs).
Requires the Secretary to ensure that selected grant applicants: (1) represent diverse U.S. geographic regions; and (2) carry out projects that serve diverse populations of runaway or homeless youth.
(Sec. 6) Requires the Secretary to report periodically to specified congressional committees and the public: (1) estimates of the incidence and prevalence of runaway and homeless individuals between 13 to 26 years of age; and (2) an assessment of such individual's characteristics.
(Sec. 7) Requires the Secretary to give priority to public and, as under current law, nonprofit private agencies for sexual abuse prevention programs.
(Sec. 8) Requires the Secretary to establish performance standards for grant recipients.
(Sec. 9) Directs the Comptroller General to study and report to specified congressional committees on the processes for making grants under the Runaway and Homeless Youth Act.
(Sec. 10) Redefines "homeless youth" to cover an individual seeking shelter in a runaway and homeless center who is less than a maximum age higher than 18, if the center is located in a state or locality with a child or youth-serving-facility licensure law or regulation that permits a higher maximum age.
Allows a homeless youth to participate in a transitional living program up to age 22, as of the expiration of the maximum stay permitted, if the individual commences such stay before attaining age 22.
Defines "runaway youth" as an individual under age 18 who absents himself or herself from home or place of legal residence without the permission of parents or legal guardians.
(Sec. 13) Authorizes appropriations for FY2009-FY2013. | {"src": "billsum_train", "title": "A bill to amend the Runaway and Homeless Youth Act to authorize appropriations, and for other purposes."} | 3,752 | 837 | 0.5696 | 1.960871 | 0.499652 | 2.905899 | 4.814607 | 0.860955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Venipuncture Assessment Act
of 1998''.
SEC. 2. 18-MONTH MORATORIUM ON PROHIBITION ON PAYMENT FOR HOME HEALTH
SERVICES SOLELY FOR PURPOSES OF OBTAINING A BLOOD SAMPLE;
REPORT.
(a) Moratorium.--Section 4615(b) of the Balanced Budget Act of 1997
(Public Law 105-33; 111 Stat. 475) is amended to read as follows:
``(b) Effective Date.--
``(1) In general.--Subject to paragraph (2), the amendments
made by subsection (a) apply to home health services furnished
after the 6-month period beginning after the date of enactment
of this Act.
``(2) 18-month moratorium.--During the period that begins
on the date of enactment of the Medicare Venipuncture
Assessment Act of 1998 and ends on the date that is 18 months
after the date of enactment of that Act, the amendments made by
subsection (a) shall not apply to home health services
furnished during that period. For purposes of calculating the
6-month period described in subsection (a), any month
(including any portion thereof) in which the period described
in this paragraph is in effect shall not be included in such
calculation.''.
(b) Report to Congress.--The Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 251 et seq.) is amended by inserting after
section 4615 the following:
``SEC. 4615A. REPORT TO CONGRESS ON HOME HEALTH BENEFITS BASED SOLELY
ON DRAWING BLOOD.
``(a) Study.--The Secretary of Health and Human Services shall
conduct a study with respect to the provision of home health services
consisting of venipuncture under title XVIII of the Social Security
Act. In conducting such study, the Secretary, using the most recent
data available, shall--
``(1) determine the number of beneficiaries who are
provided home health services under the medicare program;
``(2) determine the number of beneficiaries who receive
such services consisting of venipuncture;
``(3) compare the instances (including the costs) in which
the only home health service provided in a home health visit is
venipuncture solely for the purposes of obtaining a blood
sample and those instances in which venipuncture is provided in
such a visit in conjunction with the provision of other home
health services;
``(4) in the case of beneficiaries who qualify for home
health services because venipuncture solely for the purposes of
obtaining a blood sample is a qualifying skill, compare the
instances (including the costs) in which the only home health
service provided in a home health visit is venipuncture solely
for the purposes of obtaining a blood sample and those
instances in which no venipuncture is provided in such a visit;
``(5) determine the costs of providing payment for home
health services consisting of venipuncture solely for the
purpose of obtaining a blood sample, including in such
determination an analysis of the increase in such costs that
are attributable to fraud and abuse in the provision of, or
billing for, such services under the medicare program;
``(6) determine--
``(A) the costs to beneficiaries if payment under
the medicare program is prohibited for home health
services consisting of venipuncture solely for the
purposes of obtaining a blood sample, and
``(B) the costs to States through potentially
increased use of personal care services and nursing
home placements if payment under the medicare program
is prohibited for home health services consisting of venipuncture
solely for the purposes of obtaining a blood sample;
``(7) determine the number of beneficiaries that will no
longer be eligible for home health services because
venipuncture solely for the purpose of obtaining a blood sample
is no longer treated as a qualifying skill;
``(8) with respect to the beneficiaries determined under
paragraph (7), determine the number of such beneficiaries that
subsequently receive home health benefits because they qualify
for such services by reason of a qualifying skill other than
venipuncture solely for the purpose of obtaining a blood
sample; and
``(9) with respect to the beneficiaries determined under
paragraph (7), particularly those that reside in a rural area,
determine the number of such beneficiaries that subsequently--
``(A) are ineligible to receive home health
services under this title because they do not qualify
for such services by reason of a qualifying skill other
than venipuncture solely for the purpose of obtaining a
blood sample; but
``(B) become eligible for venipuncture services
under part B of this title.
``(b) Report.--Not later than 1 year after the date of enactment of
the Medicare Venipuncture Assessment Act of 1998, the Secretary shall
submit to Congress a report consisting of the findings of the study
conducted under subsection (a).''.
(c) Additional Requirements for Report on Definition of
Homebound.--Section 4613(b) of the Balanced Budget Act of 1997 (Public
Law 105-33; 111 Stat. 474) is amended by adding at the end the
following: ``The report shall also include specific legislative
recommendations to reduce waste, fraud, and abuse (if any) in the
determination of whether an individual is homebound without
jeopardizing the services provided under title XVIII of the Social
Security Act to beneficiaries that have serious medical conditions.''.
(d) Clerical Amendment.--The table of contents of title IV of the
Balanced Budget Act of 1998 (Public Law 105-33; 111 Stat. 270 et seq.)
is amended by inserting after the item relating to section 4615 the
following:
``Sec. 4615A. Report to Congress on home health benefits based solely
on drawing blood.''.
(e) Effective Date.--The amendments made by this section take
effect as if included in the enactment of the Balanced Budget Act of
1997 (Public Law 105-33; 111 Stat. 251 et seq.). | Medicare Venipuncture Assessment Act of 1998 - Amends the Balanced Budget Act of 1997 to place an 18-month moratorium on the prohibition against payment for home health services consisting of venipuncture solely for purposes of obtaining a blood sample. Requires the Secretary of Health and Human Services to study and report to the Congress with respect to the provision of home health services consisting of venipuncture under title XVIII (Medicare) of the Social Security Act.
Requires the report on the definition of homebound to include specific legislative recommendations to reduce waste, fraud, and abuse (if any) in the determination of whether an individual is homebound without jeopardizing the Medicare services provided to beneficiaries with serious medical conditions. | {"src": "billsum_train", "title": "Medicare Venipuncture Assessment Act of 1998"} | 1,406 | 167 | 0.613394 | 1.69562 | 0.85798 | 5.446154 | 9.392308 | 0.953846 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Aviation and Flight Enhancement
Act of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The events of September 11, 2001, demonstrated that the
United States needs to do more to ensure the survivability and
quick retrieval of critical flight data and cockpit voice
recording units aboard commercial aircraft.
(2) Increased national security threats to commercial
airliners demand that the United States do everything possible
to better secure the safety of our passengers by ensuring the
quick and complete recovery of critical flight data from
commercial air disasters for immediate analysis of potential
terrorism and to avoid unnecessary grounding of our commercial
air fleet.
(3) In light of new commercial aviation advances, including
increased polar flights, increased air traffic overwater, and
the onset of free flight, there is increased potential for more
difficult location and recovery of fixed flight recorder and
cockpit voice recorder units.
(4) Hundreds of millions of dollars are unnecessarily
expended to locate and recover ``black boxes'', especially in
underwater investigations, despite existing deployable recorder
technology currently used by the United States Armed Forces,
which would allow us to avoid such unnecessary and wasteful
costs.
(5) It is in the public's best interest to accomplish these
improvements by installing a second set of cockpit voice and
digital flight data recorders that utilize a combined cockpit
voice recorder, digital flight data recorder, and emergency
locator transmitter system designed to eject from the rear of
the aircraft at the moment of an accident, so that the system
will avoid the direct impact forces of the crash, avoid
becoming ensnarled in the wreckage or fire intensity of the
crash site, and float indefinitely on water.
(6) The Navy's successful experience since 1993 with
deployable technology indicates that transfer of the commercial
version of this technology into the commercial sector provides
an obvious way to help us meet our goals to increase the
survivability and retrieval of recorders while reducing the
time and cost of a mishap, investigation, search, rescue, and
recovery.
(7) Valuable time is lost searching for fixed flight data
recorders in the wreckage of a crash site, especially at the
bottom of the ocean, and critical data is unnecessarily lost in
incidents in which the black boxes do not survive the crash
circumstances, as is evident in reviewing some of our most
recent and devastating air incidents, including the following:
(A) Neither the flight data or cockpit voice
recorder was recovered from American Airlines Flight 11
and United Airlines Flight 175 that were used in the
World Trade Center attacks on September 11, 2001.
(B) It took 3 days to recover the flight data and
cockpit voice recorders from American Airlines Flight
77 that was used in the Pentagon attack on September
11, 2001. In addition, the cockpit voice recorder was
damaged beyond repair, rendering no information.
(C) It took 13 days to locate the cockpit voice
recorder and 9 days to recover the flight data recorder
from the air disaster involving Egypt Air Flight 990 in
the vicinity of Nantucket, Massachusetts, air disaster
on October 31, 1999.
(D) With respect to Swiss Air Flight 111
International in Halifax, Canada, on September 2, 1998,
it took search teams 9 days to locate the cockpit voice
recorder and 4 days to recover the flight data
recorder.
(E) In the case of Valuejet Flight 592, which
crashed on its way back to the Miami, Florida, airport
on May 11, 1996, it took 15 days to recover the cockpit
voice recorder, and 2 days to recover the flight data
recorder from such flight because the underwater
locator beacon failed.
(F) With respect to TWA Flight 800 which exploded
and crashed in the ocean in the vicinity of Moriches,
New York, on July 17, 1996, it took 7 days to recover
the cockpit voice recorder and flight data recorder.
SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES.
(a) In General.--Chapter 447 of title 49, United States Code is
amended by adding at the end the following:
``Sec. 44729. Installation of additional flight recorders
``(a) Regulations.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation
shall issue regulations that require in accordance with this
section all commercial aircraft that must carry both a cockpit
voice recorder and digital flight data recorder to be equipped
with a second recorder system that utilizes deployable
combination cockpit voice and digital flight data recording
technology. This system shall be in addition to the current
mandated fixed cockpit voice recorder and digital flight data
recorder units on commercial aircraft. This second deployable
recorder system shall be mounted as far rear on the airframe as
practicable.
``(2) Minimum capabilities.--The deployable recording
system shall be--
``(A) capable of recording all mandatory data
parameters covering the previous 25 hours of operation
and all cockpit audio, including controller-pilot data
link messages for the previous 2 hours of operation;
``(B) powered by the electrical bus to provide the
maximum reliability for operation without jeopardizing
service to essential or emergency loads; and
``(C) provided with an independent power source
that is located with the combination recorder and that
automatically engages and provides 10 minutes of
operation whenever normal aircraft power ceases.
``(b) Schedule for Installation of Second Combined System.--The
regulations shall require the installation of the deployable
combination recorder system required under this section on commercial
aircraft that are ordered by an air carrier on or after January 1,
2007.
``(c) Definitions.--In this section, the following definitions
apply:
``(1) Commercial aircraft.--The term `commercial aircraft'
means--
``(A) a jet aircraft with 10 or more seats or
greater than 12,500 pound maximum takeoff weight; and
``(B) a propeller driven aircraft with greater than
19 seats or greater than 19,000 pound maximum takeoff
weight.
``(2) Deployable recorder system.--The term `deployable
recorder system' means a digital flight data recorder, cockpit
voice recorder and emergency locator transmitter housed as one
unit within an assembly that is designed to be mounted
conformal to the surface of the airframe, eject from the
aircraft upon accident and fly away from the crash site, and
float indefinitely on water.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``44729. Installation of additional flight recorders.''.
SEC. 4. PURCHASE OF FIXED AND DEPLOYABLE RECORDER SYSTEMS.
The Secretary of Transportation shall purchase and make available,
at no cost, to an air carrier (as defined in section 40102 of title 49,
United States Code) such deployable recorder systems as may be
necessary for the air carrier to comply with the regulations issued
under section 44729 of such title.
SEC. 5. REIMBURSEMENT OF AIRCRAFT MANUFACTURERS.
The Secretary of Transportation shall reimburse aircraft
manufacturers owned or controlled by a citizen of the United States (as
defined in section 40102 of title 49, United States Code) for
engineering, certification, and installation costs they incur in
developing and installing deployable recorder systems to comply with
the regulations issued under section 44729 of such title. | Safe Aviation and Flight Enhancement Act of 2005 - Amends federal transportation law to direct the Secretary of Transportation to issue regulations requiring all commercial aircraft that must carry both a cockpit voice recorder and digital flight data recorder to be equipped with a second recorder system that utilizes deployable combination cockpit voice and digital flight data recording technology.
Requires the second deployable recorder system to be mounted as far rear on the airframe as practicable. Sets forth minimum deployable recorder capabilities.
Directs the Secretary to: (1) purchase and make available, at no cost, to an air carrier such deployable recorder systems as may be necessary for it to comply with regulations; and (2) reimburse aircraft manufacturers owned or controlled by a U.S. citizen for engineering, certification, and installation costs incurred in developing and installing deployable recorder systems to comply with regulations. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to issue a regulation requiring the installation of a second cockpit voice recorder and digital flight data recorder system that utilizes combination deployable recorder technology in each commercial passenger aircraft, currently required to carry each of those recorders."} | 1,636 | 185 | 0.511777 | 1.636895 | 0.712986 | 5.126582 | 9.664557 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overseas Voting Practical Amendments
Act of 2007''.
SEC. 2. DESIGNATION OF OFFICIAL FEDERAL FORM AS FEDERAL VOTER
REGISTRATION AND BALLOT APPLICATION.
(a) Designation and Distribution.--Section 101 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff) is amended--
(1) in subsection (b)(2), by striking ``an official post
card form'' and inserting ``an official Federal Voter
Registration and Ballot Application''; and
(2) in subsection (c)(2), by striking ``official post card
forms'' and inserting ``official Federal Voter Registration and
Ballot Applications''.
(b) Conforming Amendments.--
(1) State responsibilities.--Section 102(a)(4) of such Act
(42 U.S.C. 1973ff-1(a)(4)) is amended by striking ``the
official post card form'' and inserting ``the official Federal
Voter Registration and Ballot Application''.
(2) Use of single application for all subsequent
elections.--Section 104 of such Act (42 U.S.C. 1973ff-3) is
amended--
(A) in subsection (a), by striking ``an official
post card form'' and inserting ``an official Federal
Voter Registration and Ballot Application'';
(B) in subsection (c)--
(i) in the heading, by striking ``Official
Post Card Form'' and inserting ``Official
Federal Voter Registration and Ballot
Application'', and
(ii) in the matter preceding paragraph (1),
by striking ``official post card form'' and
inserting ``official Federal Voter Registration
and Ballot Application''; and
(C) in subsection (e), by striking ``the postcard
form'' and inserting ``the official Federal Voter
Registration and Ballot Application''.
(3) Definition of balloting materials.--Section 107(2) of
such Act (42 U.S.C. 1973ff-6(2)) is amended by striking
``official post card forms'' and inserting ``official Federal
Voter Registration and Ballot Applications''.
SEC. 3. PROHIBITING REFUSAL TO ACCEPT APPLICATIONS, BALLOTS, AND OTHER
MATERIALS FOR FAILURE TO MEET NONESSENTIAL REQUIREMENTS.
(a) Voter Registration and Absentee Ballot Applications.--Section
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1) is amended by adding at the end the following new
subsection:
``(e) Prohibiting Refusal To Accept Applications for Failure To
Meet Nonessential Requirements.--A State may not refuse to accept or
process any otherwise valid voter registration application or absentee
ballot application (including the official Federal Voter Registration
and Ballot Application prescribed under section 101) submitted by an
absent uniformed services voter or overseas voter on any of the
following grounds:
``(1) The application is not on a post card, is printed or
otherwise produced through the use of a computer program or an
Internet site, or is otherwise a facsimile of an official
application.
``(2) In the case of the official Federal Voter
Registration and Ballot Application prescribed under section
101, the application does not include specific information
included on applications produced by the State.
``(3) The application, the envelope in which the
application is submitted, or any affidavit or other attestation
accompanying the application does not conform to specific
requirements under State law regarding the size, shape, weight,
or color of the paper on which it is produced.
``(4) The application is not notarized or witnessed by a
Notary Public or other official authorized to administer oaths.
``(5) The application is received by the State other than
through delivery by the United States Postal Service.
``(6) The application, the envelope in which the
application is submitted, or any affidavit or other attestation
accompanying the application does not meet any other
requirement which the Presidential designee determines (under
regulations promulgated by the Presidential designee) is not
clearly necessary to prevent fraud in the conduct of
elections.''.
(b) Absentee Ballots.--Section 103 of such Act (42 U.S.C. 1973ff-2)
is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet
Nonessential Requirements.--A State may not refuse to accept or process
any otherwise valid absentee ballot, including the Federal write-in
absentee ballot, submitted by an absent uniformed services voter or
overseas voter on any of the following grounds:
``(1) The ballot as submitted is printed or otherwise
produced through the use of a computer program or an Internet
site or is otherwise a facsimile of the original ballot.
``(2) The ballot, the envelope in which the ballot is
submitted, or any affidavit or other attestation accompanying
the ballot as submitted does not conform to specific
requirements under State law regarding the size, shape, weight,
or color of the paper on which it is produced.
``(3) The ballot is not notarized or witnessed by a Notary
Public or other official authorized to administer oaths.
``(4) The ballot is received by the State other than
through delivery by the United States Postal Service.
``(5) The ballot, the envelope in which the ballot is
submitted, or any affidavit or other attestation accompanying
the ballot as submitted does not meet any other requirement
which the Presidential designee determines (under regulations
promulgated by the Presidential designee) is not clearly
necessary to prevent fraud in the conduct of elections.''.
SEC. 4. REQUIRING CLARIFICATION OF POSTAGE MARKINGS ON CERTAIN
BALLOTING MATERIALS MAILED BY STATES.
Section 3406 of title 39, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b) In the case of balloting materials under the Uniformed and
Overseas Citizens Absentee Voting Act consisting of pre-printed return
envelopes which are prepared by a State for the submission of materials
by an absent uniformed services voter or overseas voter under such
Act--
``(1) the State shall ensure that the address to which the
materials are to be submitted includes the designation `United
States of America' or `USA'; and
``(2) if the materials are designated as postage paid, the
State shall clarify whether the designation applies only to
materials mailed within the United States or to materials
mailed overseas through the Army Post Office or Fleet Post
Office.''.
SEC. 5. PROVISION OF BALLOTS IN SUBSEQUENT ELECTIONS.
(a) Permitting Voters To Request Absentee Ballots in All Subsequent
Elections.--Section 104(a) of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3(a)) is amended by striking
``through the next 2 regularly scheduled general elections'' and all
that follows through ``such general elections),'' and inserting
``(subject to subsections (b) and (d)),''
(b) Waiver of Requirement To Provide Absentee Ballots in Subsequent
Elections to Individuals With Unknown Addresses.--Section 104(a) of
such Act (42 U.S.C. 1973ff-3(a)) is amended by striking the period at
the end and inserting the following: ``, other than any election
occurring after any absentee ballot or other election material sent by
the State to the voter is returned to the State as undeliverable or
with no forwarding address within the State.''.
(c) Permitting Early Submission of Request During Previous Year.--
Section 104(e) of such Act (42 U.S.C. 1973ff-3(e)) is amended--
(1) by striking ``during a year''; and
(2) by striking ``for that year''.
SEC. 6. APPLICATION OF UOCAVA TO INDIVIDUALS NEVER RESIDING IN UNITED
STATES WHOSE PARENTS ARE OVERSEAS VOTERS.
Section 107(5)(C) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-6(5)(C)) is amended to read as follows:
``(C) a person who resides outside the United
States and (but for such residence) would be qualified
to vote--
``(i) in the last place in which the person
was domiciled before leaving the United States,
or
``(ii) in the case of an individual who has
never resided in the United States, in the last
place in which the person's parent or guardian
was domiciled before leaving the United
States;''.
SEC. 7. REQUIRING PROMPT NOTIFICATION OF REJECTION OF VOTER
REGISTRATION OR ABSENTEE BALLOT REQUEST.
Section 102(d) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1(d)) is amended by striking ``shall
provide'' and inserting ``shall promptly provide''.
SEC. 8. USE OF DIPLOMATIC POUCH FOR RETURNING COMPLETED ABSENTEE
BALLOTS.
Section 101(c) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(c)) is amended by adding at the end the
following new paragraph:
``(3) Use of diplomatic pouch for returning completed
absentee ballots.--If an overseas voter delivers a completed
absentee ballot to an overseas facility of the Department of
State, the Secretary of State shall use the diplomatic pouch to
transmit the ballot to the United States, but only if--
``(A) the ballot is delivered to the facility not
earlier than 14 days prior to the date of the election
involved; and
``(B) the Secretary of State determines that there
is no effective alternative available at the location
of the facility (including private courier services)
for the overseas voter to use to ensure the timely
receipt of the ballot.''.
SEC. 9. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
elections occurring on or after the expiration of the 45-day period
which begins on the date of the enactment of this Act. | Overseas Voting Practical Amendments Act of 2007 - Amends the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) to rename the official post card form containing both an absentee voter registration application and an absentee ballot application the Federal Voter Registration and Ballot Application.
Prohibits states from refusing to accept balloting materials on any of specified grounds, including that the materials are not printed on a post card, do not include certain information, are not notarized or witnessed by an authorized official, are not delivered by the U.S. Postal Service, or do not meet certain other nonessential requirements.
Amends federal postal law with respect to postage markings on certain balloting materials mailed by the states.
Amends UOCAVA to: (1) permit voters to request absentee ballots in all subsequent elections; (2) repeal the requirement to provide absentee ballots in subsequent elections to individuals with unknown addresses; (3) apply UOCAVA to individuals who have never resided in the United States (whose parents are overseas voters); (4) require prompt notification of rejection of a voter registration or absentee ballot request; and (5) provide for use of a U.S. State Department diplomatic pouch for returning completed absentee ballots. | {"src": "billsum_train", "title": "To amend the Uniformed and Overseas Citizens Absentee Voting Act to prohibit States from refusing to accept balloting materials solely because the materials are generated through the use of a computer program, are not printed on a specific type of paper, or do not otherwise meet similar extraneous requirements which are not clearly necessary to prevent fraud in the conduct of elections, and for other purposes."} | 2,515 | 288 | 0.533826 | 1.502151 | 0.733095 | 3.208889 | 9.066667 | 0.915556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wireless Internet Nationwide for
Families Act of 2008''.
SEC. 2. OPEN ACCESS BROADBAND SPECTRUM AUCTION.
Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j))
is amended by adding at the end the following new paragraph:
``(17) Open access broadband spectrum auction.--
``(A) Auctions required.--The Commission shall
promote nationwide broadband competition through the
use of wireless services by issuing nationwide
licenses, for a term of not less than 15 years, for two
bands of frequencies that consist of an initial band
and a second band of frequencies--
``(i) each of which shall be composed of 20
megahertz of unpaired contiguous spectrum;
``(ii) the initial band of which shall be
spectrum located between 2155 and 2180
megahertz, inclusive; and
``(iii) the second band of which shall be
spectrum that--
``(I) is located under 3 gigahertz;
and
``(II) is not part of the recovered
analog spectrum, as such term is
defined in paragraph (15)(C)(vi).
``(B) Deadlines for initial auction.--The
Commission shall carry out the initial auctions
required by this paragraph by--
``(i) commencing an auction of a single
nationwide license for the initial band
described in subparagraph (A)(ii) not later
than 180 days after the date of enactment of
the Wireless Internet Nationwide for Families
Act of 2008; and
``(ii) depositing the proceeds of such
auction in accordance with paragraph (8)(A) not
later than 210 days after such date of
enactment.
``(C) Second auction.--The Commission shall
commence and complete a separate rule-making or other
procedures for licensing through auction additional
unpaired contiguous spectrum of 20 megahertz below 3
gigahertz within 1 year of such date of enactment. Such
auction shall be conducted without the conditions
specified in subparagraph (F) unless the Commission
finds it is in the public interest to do so pursuant to
a rulemaking.
``(D) Interference protection.--The Commission
shall ensure that licensees of spectrum obtained
pursuant to an auction under this paragraph and
licensees of adjacent spectrum are mutually and
adequately protected from harmful interference.
``(E) Service and auction rules.--At least 30 days
prior to the deadlines established in subparagraphs
(B)(i) and (C), the Commission shall promulgate service
and auction rules for the licenses issued under
subparagraphs (B) and (C) that--
``(i) make available spectrally efficient
nationwide broadband services; and
``(ii) promote the goals listed in
subparagraphs (B), (D) and (F) of paragraph
(4).
``(F) Content of service requirements rules for
auctioned spectrum.--The Commission shall promulgate
such rules and regulations as are necessary to require,
as conditions of the licenses for the use of the
frequencies auctioned under this paragraph, that the
licensees shall--
``(i) offer, at a minimum, always-on
wireless broadband services within 2 years from
the date of receipt of the license, and
complete the construction of such wireless
network with a signal covering at least 95
percent of the population of the United States
and its territories within 10 years from the
initial operation of the network;
``(ii) offer a data service that is faster
than 200 kilobits per second one way (subject
to subparagraph (G)) for free to consumers and
authorized public safety users without
subscription, airtime, usage, or other charges;
``(iii) consistent with section 230 of this
Act, offer such free data service with a
technology protection measure or measures that
protect underage users from accessing obscene
or indecent material through such service;
``(iv) provide such free data services on a
wireless network that permits open access to
affiliated and unaffiliated consumer devices by
providing, publicly and royalty-free, published
technical standards for developing and
deploying subscriber equipment that can operate
on the network subject to this paragraph; and
``(v) provide such free data services using
advanced and spectrally efficient wireless
technologies that provide services to the
largest feasible number of users and encourages
broadband competition making broadband services
more available and affordable.
``(G) Review of free data service requirement.--The
Commission shall evaluate whether the speed of free
services under subparagraph (F) should be increased in
light of consumer demand, developments in wireless
broadband technologies, and the public interest and
shall conduct the first such evaluation 5 years after
the licensee commences operations, and shall conduct
subsequent evaluations at the time of license renewal
thereafter.
``(H) Biennial broadband spectrum utilization
report.--
``(i) Beginning in March of 2009, the
Commission and the National Telecommunications
and Information Administration shall jointly
review competitive market conditions with
respect to availability and affordability of
broadband as well as the state of utilization
of spectrum under the Commission's and the
Administration's respective jurisdictions.
Thereafter, the Commission and the
Administration shall provide Congress a joint
biannual report of their findings.
``(ii) Such reports shall consider the
state-of-the-art efficient use of all spectrum
bands and shall include the basis on which such
utilization and efficiency are determined.
``(iii) In making their recommendations,
the Commission and the Administration shall
expressly consider the technological advances
in commercial use of the spectrum as well as
other relevant uses including public safety,
national defense and other uses as determined
by the public interest.
``(iv) The joint report shall also provide
specific recommendations for the reallocation
or reassignment of spectrum found to be
underutilized in light of the public interest,
necessity and convenience found in promoting
broadband availability and affordability. In
the joint report, the Commission and the
Administration shall also recommend to Congress
any statutory changes that would be required to
implement any such reassignment or reallocation
within 24 months of the report.''. | Wireless Internet Nationwide for Families Act of 2008 - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of at least 15 years, for two bands of frequencies, each composed of 20 megahertz of unpaired contiguous spectrum, one band under 3 gigahertz and not part of the recovered analog spectrum and the other band between 2155 and 2180 megahertz.
Requires licensees, among other things, to offer to consumers and authorized public safety users, without subscription, airtime, usage, or other charges, a data service that is faster than 200 kilobits per second and that has technology that protects underage users from accessing obscene or indecent material.
Requires a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz, but states that the auction shall be conducted without the conditions specified in the immediately preceding paragraph unless the Commission finds it is in the public interest. | {"src": "billsum_train", "title": "To require the Federal Communications Commission to auction spectrum for a free and open access broadband service."} | 1,371 | 248 | 0.679183 | 2.024856 | 0.837603 | 4.193878 | 6.459184 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment and Growth
Act''.
SEC. 2. MAXIMUM SMALL BUSINESS TAX RATE.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by adding at the end the following
new subsection:
``(i) Maximum Small Business Tax Rate.--
``(1) In general.--Except as provided in paragraph (4), if
a taxpayer has taxable small business income for any taxable
year to which this subsection applies, then the tax imposed by
this section shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the greater of--
``(i) taxable income reduced by the amount
of taxable small business income, or
``(ii) the amount of taxable income taxed
at a rate below 31 percent, plus
``(B) a tax of 31 percent of the amount of taxable
income in excess of the amount determined under
paragraph (1).
``(2) Taxable small business income.--For purposes of this
subsection, the term `taxable small business income' means,
with respect to any taxable year, the least of--
``(A) the taxable income of the taxpayer for such
year attributable to the active conduct of any trade or
business of an eligible small business in which the
taxpayer materially participates (within the meaning of
section 469(h) (other than paragraph (4))),
``(B) the net earnings from self-employment (within
the meaning of section 1402(a), applied without dollar
limitation) of the taxpayer for such year attributable
to the active conduct of such trade or business, or
``(C) the taxpayer's share of additions for such
taxable year to the qualified retained earnings account
of such trade or business.
For purposes of determining net earnings from self-employment
under subparagraph (B), an S corporation shall be treated as if
it were a partnership.
``(3) Qualified retained earnings account.--For purposes of
this subsection:
``(A) In general.--The term `qualified retained
earnings account' means an account established by a
trade or business--
``(i) which is designated as a qualified
retained earnings account for purposes of this
subsection,
``(ii) additions to which may only be made
in cash,
``(iii) distributions from which may only
consist of qualified distributions, and
``(iv) any earnings on which are not
allocated to the account.
``(B) Qualified distributions.--For purposes of
subparagraph (A), distributions from a qualified
retained earnings account shall be treated as qualified
distributions if used--
``(i) to pay ordinary and necessary
expenses paid or incurred in carrying on the
trade or business of the eligible small
business to which the account relates, or
``(ii) to pay the tax imposed under this
subtitle on amounts in the account.
``(4) Additional tax on nonqualified distributions.--
``(A) In general.--If--
``(i) a distribution other than a qualified
distribution is made from a qualified retained
earnings account, and
``(ii) such distribution is made from
additions to the account for a taxable year
with respect to which paragraph (1) applied to
the taxpayer by reason of such additions,
then the tax imposed by this section for the taxable
year of the taxpayer with or within which the taxable
year of the eligible small business in which the
distribution was made ends shall be increased by the
amount determined under subparagraph (B).
``(B) Amount of additional tax.--The amount of tax
determined under this subparagraph is an amount equal
to the sum of--
``(i) the product of the taxpayer's pro
rata share of the distribution described in
subparagraph (A)(i) and the number of
percentage points (and fractions thereof) by
which the highest rate of tax in effect under
this section for the taxpayer's taxable year
exceeds 31 percent, plus
``(ii) the product of--
``(I) the amount by which the
taxpayer's pro rata share of such
distribution, when added to the
taxpayer's pro rata share of previous
distributions from additions to the
account for the same taxable year,
exceeds $135,000, and
``(II) the rate of tax imposed by
section 1401(b) for the taxpayer's
taxable year.
``(C) Order of distributions.--For purposes of this
paragraph, distributions shall be treated as having
been made from the qualified retained earnings account
on a first-in, first-out basis.
``(D) Treatment of health insurance tax.--For
purposes of this title, the tax described in
subparagraph (B)(ii) shall be treated as if it were a
tax imposed by section 1401(b).
``(5) Eligible small business.--For purposes of this
subsection:
``(A) In general.--The term `eligible small
business' means, with respect to any taxable year, a
sole proprietorship, partnership, or S corporation
which is a small business concern (within the meaning
of section 3(a) of the Small Business Act) as of the
beginning of the taxable year.
``(B) Election to use 3 preceding years.--If the
determination under subparagraph (A) is made on the
basis of number of employees or gross receipts, the
taxpayer may elect to have the determination made on
the basis of the average number of employees or the
average gross receipts of the taxpayer for the 3
taxable years preceding the taxable year.
``(6) Years to which subsection applies.--This subsection
shall apply to any taxable year if the highest rate of tax set
forth in subsection (a), (b), (c), (d), or (e) (whichever
applies) for the taxable year exceeds 31 percent.
``(7) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section, including regulations preventing the
characterization of distributions for purposes of compensation
or personal use as qualified distributions under paragraph
(3)(B)(i).''.
(b) Certain Taxable Small Business Income Not Subject to HI Tax.--
Section 3121(a) (defining wages) is amended--
(i) by striking ``or'' at the end of
paragraph (20),
(ii) by striking the period at the end of
paragraph (21) and inserting ``; or'', and
(iii) by adding at the end the following
new paragraph:
``(22) the portion of any taxable small business income (as
defined in section 1(i)) properly allocable to the calendar
year which is in excess of $135,000.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1992. | Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish a maximum small business tax rate on taxable small business income for individuals, partnerships, or certain S corporations. Describes such income as the least of: (1) income from the active conduct of a trade or business in which the taxpayer is a material participant; (2) net earnings from self-employment; or (3) the taxpayer's share of additions to a qualified retained earnings account of such trade or business. Allows distributions from such account to pay ordinary and necessary business expenses or to pay the tax imposed by this Act.
Excludes from employment taxes the portion of taxable small business income in excess of $135,000. | {"src": "billsum_train", "title": "Small Business Investment and Growth Act"} | 1,592 | 149 | 0.641102 | 1.525439 | 0.865821 | 3.1 | 10.507143 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cane River National Heritage Area
Reauthorization Act of 2008''.
SEC. 2. CANE RIVER NATIONAL HERITAGE AREA.
(a) Boundaries.--Section 401 of the Cane River Creole National
Historical Park and National Heritage Area Act (16 U.S.C. 410ccc-21) is
amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) by redesignating paragraph (4) as paragraph
(6); and
(C) by inserting after paragraph (3) the following:
``(4) fostering compatible economic development;
``(5) enhancing the quality of life for local residents;
and''; and
(2) in subsection (c), by striking paragraphs (1) through
(6) and inserting the following:
``(1) the area generally depicted on the map entitled
`Revised Boundary of Cane National Heritage Area Louisiana',
numbered 494/80021, and dated May 2008;
``(2) the Fort Jesup State Historic Site; and
``(3) as satellite site, any properties connected with the
prehistory, history, or cultures of the Cane River region that
may be the subject of cooperative agreements with the Cane
River National Heritage Area Commission or any successor to the
Commission.''.
(b) Cane River National Heritage Area Commission.--Section 402 of
the Cane River Creole National Historical Park and National Heritage
Area Act (16 U.S.C. 410ccc-22) is amended--
(1) in subsection (b)--
(A) by striking ``19'' and inserting ``23'';
(B) in paragraph (4), by inserting ``the
Natchitoches Parish Tourist Commission and other''
before ``local'';
(C) in paragraph (7), by striking ``Concern
Citizens of Cloutierville'' and inserting ``Village of
Cloutierville'';
(D) in paragraph (13), by striking ``are landowners
in and residents of'' and inserting ``own land within
the heritage area'';
(E) in paragraph (16)--
(i) by striking ``one member'' and
inserting ``2 members''; and
(ii) by striking ``and'' at the end;
(F) by redesignating paragraph (17) as paragraph
(19); and
(G) by inserting after paragraph (16) the
following:
``(17) 2 members, 1 of whom represents African-American
culture and 1 of whom represents Cane River Creole culture,
after consideration of recommendations submitted by the
Governor of Louisiana;
``(18) 1 member with knowledge of tourism, after
consideration of recommendations by the Secretary of the
Louisiana Department of Culture, Recreation and Tourism; and''.
(2) in subsection (c)(4), by striking ``, such as a non-
profit corporation,'';
(3) in subsection (d)--
(A) in paragraph (5), by striking ``for research,
historic preservation, and education purposes'' and
inserting ``to further the purposes of title III and
this title'';
(B) in paragraph (6), by striking ``the preparation
of studies that identify, preserve, and plan for the
management of the heritage area'' and inserting
``carrying out projects or programs that further the
purposes of title III and this title''; and
(C) by striking paragraph (8) and inserting the
following:
``(8) develop, or assist others in developing, projects or
programs to further the purposes of title III and this
title;''; and
(4) in the third sentence of subsection (g), by inserting
``, except that if any of the organizations specified in
subsection (b) ceases to exist, the vacancy shall be filled
with an at-large member'' after ``made''.
(c) Preparation of the Plan.--Section 403 of the Cane River Creole
National Historical Park and National Heritage Area Act (16 U.S.C.
410ccc-23) is amended by adding at the end the following:
``(d) Amendments.--
``(1) In general.--An amendment to the management plan that
substantially alters the purposes of the heritage area shall be
reviewed by the Secretary and approved or disapproved in the
same manner as the management plan.
``(2) Implementation.--The local coordinating entity shall
not use Federal funds made available under this title to
implement an amendment to the management plan until the
Secretary approves the amendment.''.
(d) Termination of Heritage Area Commission.--Section 404 of the
Cane River Creole National Historical Park and National Heritage Area
Act (16 U.S.C. 410ccc-24) is amended--
(1) in subsection (a), by striking ``the day occurring 10
years after the first official meeting of the Commission'' and
inserting ``August 5, 2025''; and
(2) in the third sentence of subsection (c), by striking
``, including the potential for a nonprofit corporation,''. | Cane River National Heritage Area Reauthorization Act of 2008 - Amends the Cane River Creole National Historical Park and National Heritage Area Act to: (1) revise the boundaries of the Cane River National Heritage Area, Louisiana; (2) revise the duties of the Cane River National Heritage Area Commission; and (3) terminate such Commission on August 5, 2025 (under current law, on the day occurring 10 years after the first official meeting of the Commission). | {"src": "billsum_train", "title": "A bill to reauthorize the Cane River National Heritage Area Commission and expand the boundaries of the Cane River National Heritage Area in the State of Louisiana."} | 1,148 | 98 | 0.58947 | 1.51197 | 0.578028 | 4.05618 | 11.988764 | 0.910112 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Equity for Pentagon
Police Heroes Act of 2011''.
SEC. 2. PENTAGON FORCE PROTECTION AGENCY.
(a) Amendments Relating to the Civil Service Retirement System.--
(1) Definitions.--
(A) Civil service retirement system.--Section 8331
of title 5 United States Code is amended--
(i) in paragraph (30), by striking ``and''
at the end;
(ii) in paragraph (31), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(32) `Pentagon Force Protection Agency officer' means an
employee appointed to perform law enforcement and security
functions under section 2674(b) of title 10 whose permanent
duty station is the Pentagon Reservation and who occupies a
position in job series 0083, or any successor position, for
which the rate of basic pay is fixed in accordance with
paragraph (2) of such section.''.
(2) Deductions, contributions, and deposits.--Section 8334
of title 5, United States Code, is amended--
(A) in subsection (a)(1)(A), by striking ``or
customs and border protection officer,'' and inserting
``customs and border protection officer, or Pentagon
Force Protection Agency officer,''; and
(B) in the table contained in subsection (c), by
adding at the end the following:
``Pentagon Force Protection Agency officer 7.5 After the date of enactment of the Pentagon
Force Protection Agency Retirement Act of
2011.''.
(3) Mandatory separation.--Section 8835(b)(1) of title 5,
United States Code, is amended in the first sentence by
striking ``or customs and border protection officer'' and
inserting ``customs and border protection officer, or Pentagon
Force Protection Agency officer''.
(4) Immediate retirement.--Section 8336 of title 5, United
States Code, is amended--
(A) in subsection (c)(1), by striking ``or customs
and border protection officer'' and inserting ``customs
and border protection officer, or Pentagon Force
Protection Agency officer''; and
(B) in subsections (m) and (n), by striking ``or as
a customs and border protection officer,'' and
inserting ``as a customs and border protection officer,
or as a Pentagon Force Protection Agency officer,''.
(b) Amendments Relating to the Federal Employees' Retirement
System.--
(1) Definitions.--Section 8401 of title 5, United States
Code, is amended--
(A) in paragraph (35), by striking ``and'' at the
end;
(B) in paragraph (36), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(37) `Pentagon Force Protection Agency officer' means an
employee appointed to perform law enforcement and security
functions under section 2674(b) of title 10 whose permanent
duty station is the Pentagon Reservation and who occupies a
position in job series 0083, or any successor position, for
which the rate of basic pay is fixed in accordance with
paragraph (2) of such section.''.
(2) Immediate retirement.--Paragraphs (1) and (2) of
section 8412(d) of title 5, United States Code, are amended by
striking ``or customs and border protection officer,'' and
inserting ``customs and border protection officer, or Pentagon
Force Protection Agency officer,''.
(3) Computation of basic annuity.--Section 8415(h)(2) of
title 5, United States Code, is amended by striking ``or
customs and border protection officer'' and inserting ``customs
and border protection officer, or Pentagon Force Protection
Agency officer.''.
(4) Deductions from pay.--The table contained in section
8422(a)(3) of title 5, United States Code, is amended by adding
at the end the following:
``Pentagon Force Protection Agency officer 7.5 After the date of enactment of the Pentagon
Force Protection Agency Retirement Act of
2011.''.
(5) Government contributions.--Paragraphs (1)(B)(i) and (3)
of section 8423(a) of title 5, United States Code, are amended
by inserting ``Pentagon Force Protection Agency officers,''
after ``customs and border protection officers,'' each place it
appears.
(6) Mandatory separation.--Section 8425(b)(1) of title 5,
United States Code, is amended--
(A) by striking ``or customs and border protection
officers who'' and inserting ``customs and border
protection officer, or Pentagon Force Protection Agency
officers who''; and
(B) by striking ``or customs and border protection
officer as the case'' and inserting ``customs and
border protection officer, or Pentagon Force Protection
Agency officer, as the case''.
(c) Maximum Age for Original Appointment.--Section 3307 of title 5,
United States Code, is amended by adding at the end the following:
``(h) The Secretary of Defense may determine and fix the maximum
age limit for an original appointment to a position as a Pentagon Force
Protection Agency officer, as defined by section 8401(37).''.
(d) Regulations.--Any regulations necessary to carry out the
amendments made by this section shall be prescribed by the Director of
the Office of Personnel Management, in consultation with the Secretary
of Defense.
(e) Effective Date; Transition Rules.--
(1) Effective date.--The amendments made by this section
shall become effective on the first day of the first pay period
beginning at least 6 months after the date of the enactment of
this Act.
(2) Transition rules.--
(A) Nonapplicability of mandatory separation
provisions to certain individuals.--The amendments made
by subsections (a)(3) and (b)(6), respectively, shall
not apply to an individual first appointed as a
Pentagon Force Protection Agency officer before the
effective date under paragraph (1).
(B) Treatment of prior pentagon force protection
agency officer service.--Nothing in this section or any
amendment made by this section shall be considered to
apply with respect to any service performed as a
Pentagon Force Protection Agency officer before the
effective date under paragraph (1).
(C) Minimum annuity amount.--The annuity of an
individual serving as a Pentagon Force Protection
Agency officer on the effective date under paragraph
(1) pursuant to an appointment made before that date
shall, to the extent that its computation is based on
service rendered as a Pentagon Force Protection Agency
officer on or after that date, be at least equal to the
amount that would be payable--
(i) to the extent that such service is
subject to the Civil Service Retirement System,
by applying section 8339(d) of title 5, United
States Code, with respect to such service; and
(ii) to the extent that such service is
subject to the Federal Employees' Retirement
System, by applying section 8415(d) of title 5,
United States Code, with respect to such
service.
(D) Rule of construction.--Nothing in the amendment
made by subsection (c) shall be considered to apply
with respect to any appointment made before the
effective date under paragraph (1).
(3) Definition.--For purposes of this subsection, the term
``Pentagon Force Protection Agency officer'' has the meaning
given such term by section 8331(32) or 8401(37) of title 5,
United States Code (as amended by this Act).
(4) Exclusion.--Nothing in this Act or any amendment made
by this Act shall be considered to afford any election or to
otherwise apply with respect to any individual who, as of the
day before the date of the enactment of this Act--
(A) holds a position within the Pentagon Force
Protection Agency; and
(B) is considered a law enforcement officer for
purposes of subchapter III of chapter 83 or chapter 84
of title 5, United States Code, by virtue of such
position. | Retirement Equity for Pentagon Police Heroes Act of 2011 - Makes provisions of the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) relating to retirement contributions, annuity computations, and mandatory separation applicable to Pentagon Force Protection Agency officers. | {"src": "billsum_train", "title": "A bill to amend chapters 83 and 84 of title 5, United States Code, to address retirement for Pentagon Force Protection Agency officers."} | 1,819 | 60 | 0.523762 | 1.301656 | 0.85363 | 2.8 | 33.14 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Foreclosures Act of
2011''.
SEC. 2. REQUIREMENTS FOR DEFICIENCY JUDGMENTS.
No action for a deficiency judgment arising from an obligation
under a residential mortgage may be brought except in accordance with
this Act.
SEC. 3. TIMING.
(a) Requirement.--An action for a deficiency judgment arising from
an obligation under a residential mortgage may be brought only during
whichever of the following periods terminates earlier:
(1) The 12-month period that begins upon the date of the
foreclosure sale for the residential property securing the
obligation under the mortgage.
(2) Such period as may be provided under the applicable
State law for bringing an action for such a deficiency
judgment.
(b) Satisfaction of Mortgage Obligation.--In the case of any
foreclosure on a residential mortgage, if no action for a deficiency
judgment arising from the obligation under the mortgage is brought
during the period provided in subsection (a), the proceeds of any
foreclosure sale conducted with respect to the residential property
securing repayment of the obligation owed under the mortgage,
regardless of amount, shall be deemed to be in full satisfaction of the
obligation under the mortgage and no action to recover a deficiency in
such amount may be brought after the expiration of such period.
SEC. 4. REQUIREMENT OF COMMERCIALLY REASONABLE SALE.
(a) Requirement.--No deficiency judgment arising from an obligation
under a residential mortgage may be issued unless the court has
determined that the foreclosure sale for the property securing
repayment of the obligation under the mortgage was conducted in
accordance with the following requirements:
(1) The sale was conducted in a recognized market in the
manner that is usual with respect to such market.
(2) The sale price of the property was current in a
recognized market at the time of disposition.
(3) The sale was otherwise in conformity with reasonable
commercial practices among dealers in property of the type
sold.
(b) Determination.--A party adversely affected by a deficiency
judgment may submit to the court evidence contradicting the commercial
reasonableness of the foreclosure sale and of any costs incurred in
such sale.
SEC. 5. AMOUNT.
(a) In General.--The total amount recovered by a plaintiff in a
deficiency judgment arising from an obligation under a residential
mortgage shall be the amount equal to--
(1) the sum of--
(A) the amount of obligation owed under the
mortgage, as of the date of the foreclosure sale for
the property, as determined by the court, with interest
on such amount from the date of the foreclosure sale at
the rate provided in the mortgage or related contract;
(B) if applicable, the amount owing on all prior
mortgages, liens, and encumbrances, with interest; and
(C) any reasonable costs for, and disbursements of,
the action for the deficiency judgment; less
(2) the greater of--
(A) the fair market value of the property, as
determined by an independent appraisal completed during
either of 10-day periods that begin and end upon the
date of the foreclosure sale; or
(B) the amount of the sale price of the property at
the foreclosure sale.
(b) Determination of Fair Market Value.--A party adversely affected
by a deficiency judgment may submit to the court evidence relevant to
establishing the fair market value of the property for purposes of
subsection (a)(2)(A).
SEC. 6. PROHIBITIONS ON DEFICIENCY JUDGMENTS.
(a) Nonrecourse Mortgages.--No action for a deficiency judgment
arising from the obligation under a residential mortgage may be brought
if the terms of the mortgage prohibit the recovery of any amount of the
obligation due under the mortgage after--
(1) the residential property securing repayment of such
obligation is sold at foreclosure sale; or
(2) the mortgage is foreclosed in the manner provided under
the law of the State in which the property is located.
(b) Low-Income Mortgagors.--In the case of any residential mortgage
under which the mortgagor is a member of a low-income family, the
following shall apply:
(1) Prohibition on action.--No action may be brought for a
deficiency judgment arising from the obligation under such
residential mortgage.
(2) Prohibition on reporting deficiency to credit
agencies.--A deficiency in recovery, from a foreclosure sale
for the property securing repayment of the obligation due under
the mortgage, of the full amount of the obligation may not be
reported to any consumer reporting agency (as such term is
defined in section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a)) or disclosed to any person other than the
mortgagor or a personal representative of the mortgagor, unless
such disclosure is otherwise required by law.
A determination of whether a family is a low-income family for purposes
of this subsection shall be based on the income of the family as of the
date of the foreclosure sale or any other date during either of the 30-
day periods beginning and ending on the date of such sale, and shall be
based upon information obtained from the mortgagor during the
foreclosure process.
SEC. 7. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Deficiency judgment.--The term ``deficiency judgment''
means a judgment, lien, or court order, as provided for under
State law, for recovery in whole or in part, as determined by a
court as just and equitable, after a foreclosure or foreclosure
sale of the property securing repayment of the obligation owed
under a residential mortgage, of the portion of the obligation
that remains unsatisfied after application of the proceeds of
such sale to the obligation.
(2) Foreclosure sale.--The term ``foreclosure sale'' means,
with respect to the residential property securing repayment of
the obligation under a residential mortgage, the sale of the
property pursuant to foreclosure on the mortgage, whether
judicial or nonjudicial, undertaken in accordance with the laws
of the State in which the property is located, under which the
proceeds of such sale are applied to such obligation.
(3) Low-income family.--The term ``low-income family'' has
the meaning given such term in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)).
(4) Mortgage.--
(A) In general.--The term ``mortgage'' means a deed
of trust, mortgage, deed to secure debt, security
agreement, or any other form of instrument under which
any property (real, personal, or mixed), or any
interest in property (including leaseholds, life
estates, reversionary interests, and any other estates
under applicable State law), is conveyed in trust,
mortgaged, encumbered, pledged, or otherwise rendered
subject to a lien for the purpose of securing the
payment of money or the performance of an obligation.
(B) Condominiums and cooperatives.--Such term
includes a first mortgage given to secure--
(i) the unpaid purchase price of a fee
interest in, or a long-term leasehold interest
in, a one-family unit in a multifamily project,
including a project in which the dwelling units
are attached or are manufactured housing units,
semi-detached, or detached, and an undivided
interest in the common areas and facilities
that serve the project; or
(ii) repayment of a loan made to finance
the purchase of stock or membership in a
cooperative housing corporation the permanent
occupancy of dwelling units of which is
restricted to members of such corporation,
where the purchase of such stock or membership
entitles the purchaser to the permanent
occupancy of one of such units.
(5) Residential mortgage.--
(A) In general.--The term ``residential mortgage''
means a mortgage the primary purpose of which is the
purchase or financing of a permanent 1- to 4-family
dwelling that is used as the principal residence of the
mortgagor.
(B) Determination.--A determination of whether a
mortgage is a residential mortgage for purposes of this
Act shall be made based on the purpose of the mortgage
as of the time the loan was made, as determined based
upon information obtained during the application
process for the mortgage.
SEC. 8. APPLICABILITY AND PREEMPTION.
(a) Applicability.--This Act shall apply with respect to any action
for a deficiency judgment arising from an obligation under a
residential mortgage brought in any State or Federal court.
(b) Preemption.--The provisions of this Act shall preempt any State
law to the extent that such law is inconsistent with the limitations
contained in such provisions. The provisions of this Act shall not
preempt any State law that provides for defenses or places limitations
on a person's liability in addition to those contained in this Act or
otherwise imposes greater restrictions that those provided in this Act. | Fairness in Foreclosures Act of 2011 - Declares that no action for a deficiency judgment arising from an obligation under a residential mortgage may be brought except in accordance with this Act.
Declares that no such deficiency judgment may be issued unless the court has determined that the foreclosure sale for the property securing repayment was conducted in accordance with specified requirements.
Specifies a formula for determining the total amount a plaintiff may recover in such a deficiency judgment.
Declares that no action for a deficiency judgment may be brought if the (nonrecourse) mortgage terms prohibit recovery after: (1) the residential property securing repayment of such obligation is sold at foreclosure sale, or (2) the mortgage is foreclosed in the manner provided under the law of the state in which the property is located.
Declares that if the mortgagor is a member of a low-income family: (1) no action may be brought for a deficiency judgment; and (2) a deficiency in recovery, from a foreclosure sale, of the full amount of the mortgage obligation may not be reported to any consumer reporting agency or disclosed to any person other than the mortgagor or the mortgagor's personal representative, unless such disclosure is otherwise required by law. | {"src": "billsum_train", "title": "To ensure uniformity and fairness in deficiency judgments arising from foreclosures on mortgages for single family homes."} | 2,060 | 299 | 0.69504 | 2.191728 | 0.851828 | 5.923077 | 7.705128 | 0.965812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partial Hospitalization Services
Integrity Act of 1999''.
SEC. 2. LIMITATION ON LOCATION OF PROVISION OF SERVICES.
(a) In General.--Section 1861(ff)(2) of the Social Security Act (42
U.S.C. 1395x(ff)(2)) is amended in the matter following subparagraph
(I)--
(1) by striking ``and furnished'' and inserting
``furnished''; and
(2) by inserting before the period the following: ``, and
furnished other than in a skilled nursing facility, residential
treatment facility or other residential setting (as determined
by the Secretary)''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to partial hospitalization services furnished on or after
the first day of the third month beginning after the date of the
enactment of this Act.
SEC. 3. QUALIFICATIONS FOR COMMUNITY MENTAL HEALTH CENTERS.
(a) In General.--Section 1861(ff)(3)(B) of the Social Security Act
(42 U.S.C. 1395x(ff)(3)(B)) is amended by striking ``entity'' and all
that follows and inserting the following: ``entity that--
``(i)(I) provides the mental health services described in
section 1913(c)(1) of the Public Health Service Act; or
``(II) in the case of an entity operating in a State that
by law precludes the entity from providing a service described
in such section itself, provides for such service by contract
with an approved organization or entity (as determined by the
Secretary);
``(ii) meets applicable licensing or certification
requirements for community mental health centers in the State
in which it is located; and
``(iii) meets such additional conditions as the Secretary
shall specify to ensure (I) the health and safety of
individuals being furnished such services, (II) the effective
and efficient furnishing of such services, and (III) the
compliance of such entity with the criteria described in such
section.''.
(b) Clarification of Criteria for Community Mental Health
Centers.--Section 1913(c)(1)(E) of the Public Health Service Act (42
U.S.C. 300x-3(c)(1)(E)) is amended to read as follows:
``(E) Determining the clinical appropriateness of
admissions to any inpatient psychiatric hospitals by
engaging a full-time mental health professional who is
licensed or certified to make such a determination by
the State involved.''.
(c) Effective Date.--The amendments made by this section apply with
respect to community mental health centers furnishing services under
the medicare program on or after the first day of the third month
beginning after the date of the enactment of this Act.
SEC. 4. GUIDELINES FOR ITEMS AND SERVICES COMPRISING PARTIAL
HOSPITALIZATION SERVICES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall first adopt national coverage and
administrative policies for partial hospitalization services furnished
under title XVIII of the Social Security Act, using a negotiated
rulemaking process under subchapter III of chapter 5 of title 5, United
States Code.
SEC. 5. REFINEMENT OF PERIODICITY OF REVIEW OF PLAN FOR PARTIAL
HOSPITALIZATION SERVICES.
(a) In General.--Section 1835(a)(2)(F)(ii) of the Social Security
Act (42 U.S.C. 1395n(a)(2)(F)(ii)) is amended by inserting ``at a
reasonable rate (as determined by the Secretary)'' after ``is reviewed
periodically''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to plans for furnishing partial hospitalization services
established on or after the first day of the third month beginning
after the date of the enactment of this Act.
SEC. 6. RECERTIFICATION OF PROVIDERS OF PARTIAL HOSPITALIZATION
SERVICES.
(a) In General.--With respect to each community mental health
center that furnishes partial hospitalization services for which
payment is made under title XVIII of the Social Security Act, the
Secretary of Health and Human Services shall provide for periodic
recertification to ensure that the provision of such services complies
with applicable requirements of such title.
(b) Deadline for First Recertification.--The first recertification
under subsection (a) shall be completed not later than one year after
the date of the enactment of this Act.
SEC. 7. CIVIL MONETARY PENALTIES FOR FALSE CERTIFICATION OF ELIGIBILITY
FOR HOSPICE CARE OR PARTIAL HOSPITALIZATION SERVICES.
(a) In General.--Section 1128A(b)(3) of the Social Security Act (42
U.S.C. 1320a-7a(b)(3)) is amended--
(1) in subparagraph (A)(ii), by inserting ``, hospice care,
or partial hospitalization services'' after ``home health
services''; and
(2) in subparagraph (B), by inserting ``, section
1814(a)(7) in the case of hospice care, or section
1835(a)(2)(F) in the case of partial hospitalization services''
after ``in the case of home health services''.
(b) Effective Date.--The amendments made by subsection (a) apply
with respect to certifications of eligibility for hospice care or
partial hospitalization services under the medicare program made on or
after the first day of the third month beginning after the date of the
enactment of this Act.
SEC. 8. DEMONSTRATION FOR COST EFFECTIVE WRAP AROUND MENTAL HEALTH
SERVICES.
(a) Establishment.--
(1) In general.--The Secretary of Health and Human Services
shall implement a demonstration project (in this section
referred to as the ``project'') under part B of title XVIII of
the Social Security Act under which community mental health
centers may offer wrap around mental health services (as
defined in paragraph (2)(A)) for purposes of providing for a
full continuum of ambulatory behavioral health care services.
(2) Definitions.--
(A) Wrap around mental health services defined.--
The term ``wrap around mental health services'' means
comprehensive outpatient mental health services
furnished to an individual pursuant to an
individualized treatment plan developed by a mental
health professional, in consultation with the family of
the individual (if available). Such services are
furnished to the individual through a comprehensive,
multidisciplinary health and social services delivery
system that provides coordinated therapeutic
interventions, including medical services,
psychotherapy services, occupational therapy services,
and social work services.
(B) Licensed mental health professional.--The term
``mental health professional'' means any of the
following individuals who are licensed by the State in
which the individual furnishes services (as that term
is defined in paragraphs (1), (2)(M), and (2)(N) of
section 1861(s) of the Social Security Act (42 U.S.C.
1395x(s))) to design and execute treatment plans
described in subparagraph (A) without the supervision
of another health care practitioner:
(i) A physician, as defined in section
1861(r)(1) of such Act (42 U.S.C. 1395x(r)(1)).
(ii) A clinical psychologist, as defined by
the Secretary pursuant to section 1861(ii) of
such Act (42 U.S.C. 1395x(ii)).
(iii) A clinical social worker, as defined
in section 1861(hh) of such Act (42 U.S.C.
1395x(hh)).
(b) Selection of Centers.--For purposes of implementing such
project, the Secretary shall select for participation in the project
community mental health centers that serve populations in three
different States, one of which predominantly serves rural populations.
(c) Capitated Payment.--The Secretary shall establish and make
prospective monthly payments of a capitation amount for individuals
receiving wrap around mental health services under this project.
(d) Evaluation and Report.--
(1) Evaluation.--The Secretary shall evaluate the project.
Such evaluation shall include an examination of--
(A) the project's effect on the health, well-being,
condition, and functional level of beneficiaries
receiving wrap around mental health services;
(B) any savings to the medicare program by reason
of capitated payments for wrap around medical services
consisting of partial hospitalization services (as that
term is defined in section 1861(ff) of the Social
Security Act (42 U.S.C. 1395x(ff));
(C) the impact of basing payment for such services
on a capitated basis; and
(D) the project's effect on utilization of
inpatient services (including inpatient mental health
services) and associated costs.
(2) Report.--Not later than four years after the date of
the enactment of this Act, the Secretary shall submit to
Congress a report containing a statement of the findings and
conclusions of the Secretary pursuant to the evaluation
conducted under paragraph (1), together with any
recommendations for legislation the Secretary considers
appropriate with respect to--
(A) the provision of additional mental health
services by community mental health centers under
partial hospitalization services; and
(B) payment for such services on a capitated basis.
(e) Duration.--The project shall be conducted for a three year
period.
(f) Funding.--The Secretary shall provide for the transfer from the
Federal Hospital Insurance Trust Fund, established under section 1817
of the Social Security Act (42 U.S.C. 1395i), of such funds as are
necessary for the costs of carrying out the demonstration project under
this section. | Partial Hospitalization Services Integrity Act of 1999 - Amends title XVIII (Medicare) of the Social Security Act to provide for the following: (1) denial of Medicare coverage for partial hospitalization services (for psychiatric treatment) furnished in a skilled nursing facility, a residential treatment facility, or any other type of residential setting determined by the Secretary of Health and Human Services; (2) new qualifications for community mental health centers (centers) as the Secretary is required to specify to ensure the health and safety of individuals being furnished mental health services and their effective and efficient furnishing; and (3) national coverage and administrative policies for partial hospitalization services under Medicare that the Secretary is to first adopt using negotiated rulemaking.
Directs the Secretary to do the following: (1) provide for periodic recertification to ensure that the provision of such Medicare-reimbursable services by centers complies with applicable Medicare requirements; and (2) implement a specified demonstration project under Medicare part B (Supplementary Medical Insurance) under which centers may offer wrap around mental health services for purposes of providing for a full continuum of ambulatory behavioral health care services. Provides for funding for demonstration project costs.
Makes miscellaneous technical amendments concerning criteria for centers under the Public Health Service Act, and periodic physician review of physician written, individualized plans for partial hospitalization services under Medicare.
Amends SSA title XI to provide for civil monetary penalties for false certification of eligibility for hospice care or partial hospitalization services. | {"src": "billsum_train", "title": "Partial Hospitalization Services Integrity Act of 1999"} | 2,247 | 324 | 0.589708 | 1.690686 | 0.915301 | 3.396429 | 6.575 | 0.925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Extraterritorial
Jurisdiction Act of 2000''.
SEC. 2. FEDERAL JURISDICTION.
(a) Certain Criminal Offenses Committed Outside the United
States.--Title 18, United States Code, is amended by inserting after
chapter 211 the following new chapter:
``CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION
``Sec.
``3261. Criminal offenses committed by certain members of the Armed
Forces and by persons employed by or
accompanying the Armed Forces outside the
United States.
``3262. Arrest and commitment.
``3263. Delivery to authorities of foreign countries.
``3264. Limitation on removal.
``3265. Initial proceedings.
``3266. Regulations.
``3267. Definitions.
``Sec. 3261. Criminal offenses committed by certain members of the
Armed Forces and by persons employed by or accompanying
the Armed Forces outside the United States
``(a) Whoever engages in conduct outside the United States that
would constitute an offense punishable by imprisonment for more than 1
year if the conduct had been engaged in within the special maritime and
territorial jurisdiction of the United States--
``(1) while employed by or accompanying the Armed Forces
outside the United States; or
``(2) while a member of the Armed Forces subject to chapter
47 of title 10 (the Uniform Code of Military Justice),
shall be punished as provided for that offense.
``(b) No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.
``(c) Nothing in this chapter may be construed to deprive a court-
martial, military commission, provost court, or other military tribunal
of concurrent jurisdiction with respect to offenders or offenses that
by statute or by the law of war may be tried by a court-martial,
military commission, provost court, or other military tribunal.
``(d) No prosecution may be commenced against a member of the Armed
Forces subject to chapter 47 of title 10 (the Uniform Code of Military
Justice) under this section unless--
``(1) such member ceases to be subject to such chapter; or
``(2) an indictment or information charges that the member
committed the offense with 1 or more other defendants, at least
1 of whom is not subject to such chapter.
``Sec. 3262. Arrest and commitment
``(a) The Secretary of Defense may designate and authorize any
person serving in a law enforcement position in the Department of
Defense to arrest, in accordance with applicable international
agreements, outside the United States any person described in section
3261(a) if there is probable cause to believe that such person violated
section 3261(a).
``(b) Except as provided in sections 3263 and 3264, a person
arrested under subsection (a) shall be delivered as soon as practicable
to the custody of civilian law enforcement authorities of the United
States for removal to the United States for judicial proceedings in
relation to conduct referred to in such subsection unless such person
has had charges brought against him or her under chapter 47 of title 10
for such conduct.
``Sec. 3263. Delivery to authorities of foreign countries
``(a) Any person designated and authorized under section 3262(a)
may deliver a person described in section 3261(a) to the appropriate
authorities of a foreign country in which such person is alleged to
have violated section 3261(a) if--
``(1) appropriate authorities of that country request the
delivery of the person to such country for trial for such
conduct as an offense under the laws of that country; and
``(2) the delivery of such person to that country is
authorized by a treaty or other international agreement to
which the United States is a party.
``(b) The Secretary of Defense, in consultation with the Secretary
of State, shall determine which officials of a foreign country
constitute appropriate authorities for purposes of this section.
``Sec. 3264. Limitation on removal
``(a) Except as provided in subsection (b), and except for a person
delivered to authorities of a foreign country under section 3263, a
person arrested for or charged with a violation of section 3261(a)
shall not be removed--
``(1) to the United States; or
``(2) to any foreign country other than a country in which
such person is believed to have violated section 3261(a).
``(b) The limitation in subsection (a) does not apply if--
``(1) a Federal magistrate judge orders the person to be
removed to the United States to be present at a detention
hearing held pursuant to section 3142(f);
``(2) a Federal magistrate judge orders the detention of
the person before trial pursuant to section 3142(e), in which
case the person shall be promptly removed to the United States
for purposes of such detention;
``(3) the person is entitled to, and does not waive, a
preliminary examination under the Federal Rules of Criminal
Procedure, in which case the person shall be removed to the
United States in time for such examination;
``(4) a Federal magistrate judge otherwise orders the
person to be removed to the United States; or
``(5) the Secretary of Defense determines that military
necessity requires that the limitations in subsection (a) be
waived, in which case the person shall be removed to the
nearest United States military installation outside the United
States adequate to detain the person and to facilitate the
initial appearance described in section 3265(a).
``Sec. 3265. Initial proceedings
``(a)(1) In the case of any person arrested for or charged with a
violation of section 3261(a) who is not delivered to authorities of a
foreign country under section 3263, the initial appearance of that
person under the Federal Rules of Criminal Procedure--
``(A) shall be conducted by a Federal magistrate judge; and
``(B) may be carried out by telephony or such other means
that enables voice communication among the participants,
including any counsel representing the person.
``(2) In conducting the initial appearance, the Federal magistrate
judge shall also determine whether there is probable cause to believe
that an offense under section 3261(a) was committed and that the person
committed it.
``(3) If the Federal magistrate judge determines that probable
cause exists that the person committed an offense under section
3261(a), and if no motion is made seeking the person's detention before
trial, the Federal magistrate judge shall also determine at the initial
appearance the conditions of the person's release before trial under
chapter 207 of this title.
``(b) In the case of any person described in subsection (a), any
detention hearing of that person under section 3142(f)--
``(1) shall be conducted by a Federal magistrate judge; and
``(2) at the request of the person, may be carried out by
telephony or such other means that enables voice communication
among the participants, including any counsel representing the
person.
``(c)(1) If any initial proceeding under this section with respect
to any such person is conducted while the person is outside the United
States, and the person is entitled to have counsel appointed for
purposes of such proceeding, the Federal magistrate judge may appoint
as such counsel for purposes of such hearing a qualified military
counsel.
``(2) For purposes of this subsection, the term `qualified military
counsel' means a judge advocate made available by the Secretary of
Defense for purposes of such proceedings, who--
``(A) is a graduate of an accredited law school or
is a member of the bar of a Federal court or of the
highest court of a State; and
``(B) is certified as competent to perform such
duties by the Judge Advocate General of the armed force
of which he is a member.
``Sec. 3266. Regulations
``(a) The Secretary of Defense, after consultation with the
Secretary of State and the Attorney General, shall prescribe
regulations governing the apprehension, detention, delivery, and
removal of persons under this chapter and the facilitation of
proceedings under section 3265. Such regulations shall be uniform
throughout the Department of Defense.
``(b)(1) The Secretary of Defense, after consultation with the
Secretary of State and the Attorney General, shall prescribe
regulations requiring that, to the maximum extent practicable, notice
shall be provided to any person employed by or accompanying the Armed
Forces outside the United States who is not a national of the United
States that such person is potentially subject to the criminal
jurisdiction of the United States under this chapter.
``(2) A failure to provide notice in accordance with the
regulations prescribed under paragraph (1) shall not defeat the
jurisdiction of a court of the United States or provide a defense in
any judicial proceeding arising under this chapter.
``(c) The regulations prescribed under this section, and any
amendments to those regulations, shall not take effect before the date
that is 90 days after the date on which the Secretary of Defense
submits a report containing those regulations or amendments (as the
case may be) to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate.
``Sec. 3267. Definitions
``As used in this chapter:
``(1) The term `employed by the Armed Forces outside the
United States' means--
``(A) employed as a civilian employee of the
Department of Defense (including a nonappropriated fund
instrumentality of the Department), as a Department of
Defense contractor (including a subcontractor at any
tier), or as an employee of a Department of Defense
contractor (including a subcontractor at any tier);
``(B) present or residing outside the United States
in connection with such employment; and
``(C) not a national of or ordinarily resident in
the host nation.
``(2) The term `accompanying the Armed Forces outside the
United States' means--
``(A) a dependent of--
``(i) a member of the Armed Forces;
``(ii) a civilian employee of the
Department of Defense (including a
nonappropriated fund instrumentality of the
Department); or
``(iii) a Department of Defense contractor
(including a subcontractor at any tier) or an
employee of a Department of Defense contractor
(including a subcontractor at any tier);
``(B) residing with such member, civilian employee,
contractor, or contractor employee outside the United
States; and
``(C) not a national of or ordinarily resident in
the host nation.
``(3) The term `Armed Forces' has the meaning given the
term `armed forces' in section 101(a)(4) of title 10.
``(4) The terms `Judge Advocate General' and `judge
advocate' have the meanings given such terms in section 801 of
title 10.''.
(b) Clerical Amendment.--The table of chapters for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 211 the following new item:
``212. Military extraterritorial jurisdiction.............. 3261''. | Provides that: (1) nothing herein may be construed to deprive a court-martial, military commission, provost court, or other military tribunal of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by such an entity; and (2) no prosecution may be commenced against a member of the armed forces unless such member ceases to be such a member, or unless an indictment or information charges the member committed the offense with one or more other defendants at least one of whom is not a member.
Provides for the arrest of such individuals outside the United States and their delivery to U.S. civilian law enforcement personnel.
Authorizes the release to a recognized foreign government of persons who engage in such conduct in that country.
Prohibits removal to a foreign country (with exceptions) unless: (1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing, orders the detention of the person before trial (in which case the person shall be promptly removed to the United States for purposes of such detention), or otherwise orders the person to be removed to the United States; (2) the person is entitled to, and does not waive, a preliminary examination under the Federal Rules of Criminal Procedure, in which case the person shall be removed to the United States in time for such examination; and (3) the Secretary of Defense determines that military necessity requires that the limitations on removal be waived, in which case the person shall be removed to the nearest U.S. military installation outside the United States adequate to detain the person and facilitate his or her initial appearance.
Provides that, in the case of any person arrested for or charged with a violation of this Act who is not delivered to authorities of a foreign country, the initial appearance of that person: (1) shall be conducted by a Federal magistrate judge; and (2) may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.
Directs the Federal magistrate judge: (1) in conducting the initial appearance, to also determine whether there is probable cause to believe that an offense was committed and that the person committed it; and (2) if no motion is made seeking the person's detention before trial, to also determine at the initial appearance the conditions of the person's release before trial.
Specifies that any detention hearing of such person: (1) shall be conducted by a Federal magistrate judge; and (2) at that person's request, may be carried out by a means that enables voice communication among the participants, including any counsel representing the person.
Provides that if any initial proceeding with respect to such person is conducted while the person is outside the United States and the person is entitled to have counsel appointed for purposes of such proceeding, the Federal magistrate judge may appoint as such counsel for purposes of such hearing a qualified military counsel.
Directs the Secretary of Defense to: (1) prescribe regulations governing the apprehension, detention, delivery, and removal of persons, and the facilitation of proceedings, under this Act; and (2) issue regulations requiring that notice be provided to any person covered by this Act who is not a U.S. national that such person is potentially subject to the criminal jurisdiction of the United States. States that failure to provide such notice shall not defeat such jurisdiction. | {"src": "billsum_train", "title": "Military Extraterritorial Jurisdiction Act of 2000"} | 2,578 | 735 | 0.582248 | 1.838312 | 0.67165 | 6.41543 | 3.621662 | 0.964392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Good IRA Rollover Act''.
SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR
CHARITABLE PURPOSES.
(a) In General.--Subsection (d) of section 408 of the Internal
Revenue Code of 1986 (relating to individual retirement accounts) is
amended by adding at the end the following new paragraph:
``(8) Distributions for charitable purposes.--
``(A) In general.--No amount shall be includible in
gross income by reason of a qualified charitable
distribution from an individual retirement account to
an organization described in section 170(c).
``(B) Special rules relating to charitable
remainder trusts, pooled income funds, and charitable
gift annuities.--
``(i) In general.--No amount shall be
includible in gross income by reason of a
qualified charitable distribution from an
individual retirement account--
``(I) to a charitable remainder
annuity trust or a charitable remainder
unitrust (as such terms are defined in
section 664(d)),
``(II) to a pooled income fund (as
defined in section 642(c)(5)), or
``(III) for the issuance of a
charitable gift annuity (as defined in
section 501(m)(5)).
The preceding sentence shall apply only if no
person holds an income interest in the amounts
in the trust, fund, or annuity attributable to
such distribution other than one or more of the
following: the individual for whose benefit
such account is maintained, the spouse of such
individual, or any organization described in
section 170(c).
``(ii) Determination of inclusion of
amounts distributed.--In determining the amount
includible in the gross income of any person by
reason of a payment or distribution from a
trust described in clause (i)(I) or a
charitable gift annuity (as so defined), the
portion of any qualified charitable
distribution to such trust or for such annuity
which would (but for this subparagraph) have
been includible in gross income--
``(I) in the case of any such
trust, shall be treated as income
described in section 664(b)(1), or
``(II) in the case of any such
annuity, shall not be treated as an
investment in the contract.
``(iii) No inclusion for distribution to
pooled income fund.--No amount shall be
includible in the gross income of a pooled
income fund (as so defined) by reason of a
qualified charitable distribution to such fund.
``(C) Qualified charitable distribution.--For
purposes of this paragraph, the term `qualified
charitable distribution' means any distribution from an
individual retirement account--
``(i) which is made on or after the date
that the individual for whose benefit the
account is maintained has attained age 70\1/2\,
except that with respect to any distribution to
a trust, fund, or annuity referred to in
subparagraph (B) which is made on or after the
date that the individual for whose benefit the
account is maintained has attained age 59\1/2\,
and
``(ii) which is made directly from the
account to--
``(I) an organization described in
section 170(c), or
``(II) a trust, fund, or annuity
referred to in subparagraph (B).
``(D) Denial of deduction.--Qualified charitable
distributions shall not be taken into account in
determining the deduction under section 170.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 2001. | Public Good IRA Rollover Act - Amends the Internal Revenue Code to exclude from gross income a distribution from an individual retirement account which is a qualified charitable distribution. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow tax-free distributions from individual retirement accounts for charitable purposes."} | 867 | 38 | 0.504099 | 1.147479 | 0.883642 | 3.066667 | 24.8 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Unnecessary Mailers Act of
2011''.
SEC. 2. CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER SYSTEMS.
(a) Method of Delivering Report.--Section 1414(c)(4)(A) of the Safe
Drinking Water Act (42 U.S.C. 300g-3(c)(4)(A)) is amended--
(1) in the first sentence, by striking ``The Administrator,
in consultation'' and inserting the following:
``(i) In general.--The Administrator, in
consultation'';
(2) in clause (i) (as designated by paragraph (1)), in the
first sentence, by striking ``to mail to each customer'' and
inserting ``to provide, in accordance with clause (ii) or
(iii), as applicable, to each customer''; and
(3) by adding at the end the following:
``(ii) Mailing requirement for violation of
maximum contaminant level.--If a violation of
the maximum contaminant level for any regulated
contaminant has occurred during the year
concerned, the regulations under clause (i)
shall require the applicable community water
system to mail a copy of the consumer
confidence report to each customer of the
system.
``(iii) Mailing requirement absent any
violation of maximum contaminant level.--
``(I) In general.--If no violation
of the maximum contaminant level for
any regulated contaminant has occurred
during the year concerned, the
regulations under clause (i) shall
require the applicable community water
system to make the consumer confidence
report available by, at the discretion
of the community water system--
``(aa) mailing a copy of
the consumer confidence report
to each customer of the system;
or
``(bb) subject to subclause
(II), making a copy of the
consumer confidence report
available on a publicly
accessible Internet site of the
community water system and by
mail, at the request of a
customer.
``(II) Requirements.--If a
community water system elects to
provide consumer confidence reports to
consumers under subclause (I)(bb), the
community water system shall provide to
each customer of the community water
system, in plain language and in the
same manner (such as in printed or
electronic form) in which the customer
has elected to pay the bill of the
customer, notice that--
``(aa) the community water
system has remained in
compliance with the maximum
contaminant level for each
regulated contaminant during
the year concerned; and
``(bb) a consumer
confidence report is available
on a publicly accessible
Internet site of the community
water system and, on request,
by mail.''.
(b) Conforming Amendments.--Section 1414(c)(4) of the Safe Drinking
Water Act (42 U.S.C. 300g-3(c)(4)) is amended--
(1) in subparagraph (C), in the matter preceding clause
(i), by striking ``mailing requirement of subparagraph (A)''
and inserting ``mailing requirement of clause (ii) or (iii) of
subparagraph (A)''; and
(2) in subparagraph (D), in the first sentence of the
matter preceding clause (i), by striking ``mailing requirement
of subparagraph (A)'' and inserting ``mailing requirement of
clause (ii) or (iii) of subparagraph (A)''.
(c) Application; Administrative Actions.--
(1) In general.--The amendments made by this section take
effect on the date that is 90 days after the date of the
enactment of this Act.
(2) Regulations.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency shall promulgate any revised regulations and
take any other actions necessary to carry out the amendments
made by this section. | End Unnecessary Mailers Act of 2011 - Amends the Safe Drinking Water Act to give community water systems for which there were no violations of the maximum contaminant level for any regulated contaminant during the year the option to: (1) mail the annual consumer confidence report on the level of contaminants in the drinking water purveyed by that system to each customer (required under current law); or (2) make such report available on the system's website and, upon request, by mail. Requires a system that elects the latter to provide customers notice, in the manner elected by the customers to pay their bill, of such report's availability and that the system has remained in compliance with maximum contaminant levels. | {"src": "billsum_train", "title": "A bill to amend the Safe Drinking Water Act with respect to consumer confidence reports by community water systems."} | 906 | 160 | 0.623561 | 1.95691 | 0.718832 | 1.830882 | 5.823529 | 0.816176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Evaluation Parity for
Servicemembers Act of 2014'' or the ``MEPS Act''.
SEC. 2. PRELIMINARY MENTAL HEALTH ASSESSMENTS FOR INDIVIDUALS BECOMING
MEMBERS OF THE ARMED FORCES.
(a) In General.--Chapter 31 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 520d. Preliminary mental health assessments
``(a) Provision of Mental Health Assessment.--Before any individual
enlists in an armed force or is commissioned as an officer in an armed
force, the Secretary concerned shall provide the individual with a
mental health assessment. The Secretary shall use such results as a
baseline for any subsequent mental health examinations, including such
examinations provided under sections 1074f and 1074m of this title.
``(b) Use of Assessment.--The Secretary may not consider the
results of a mental health assessment conducted under subsection (a) in
determining the assignment or promotion of a member of the armed
forces.
``(c) Application of Privacy Laws.--With respect to applicable laws
and regulations relating to the privacy of information, the Secretary
shall treat a mental health assessment conducted under subsection (a)
in the same manner as the medical records of a member of the armed
forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
520c the following new item:
``520d. Preliminary mental health assessments.''.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the National Institute of Mental
Health of the National Institutes of Health shall submit to
Congress and the Secretary of Defense a report on preliminary
mental health assessments of members of the Armed Forces.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) Recommendations with respect to establishing a
preliminary mental health assessment of members of the
Armed Forces to bring mental health screenings to
parity with physical screenings of members.
(B) Recommendations with respect to the composition
of the mental health assessment, best practices, and
how to track assessment changes relating to traumatic
brain injuries, post-traumatic stress disorder, and
other conditions.
(3) Coordination.--The National Institute of Mental Health
shall carry out paragraph (1) in coordination with the
Secretary of Veterans Affairs, the Secretary of Health and
Human Services, the Director of the Centers for Disease Control
and Prevention, the surgeons general of the military
departments, and other relevant experts.
SEC. 3. PHYSICAL EXAMINATIONS AND MENTAL HEALTH SCREENINGS FOR CERTAIN
MEMBERS UNDERGOING SEPARATION FROM THE ARMED FORCES WHO
ARE NOT OTHERWISE ELIGIBLE FOR SUCH EXAMINATIONS.
(a) In General.--The Secretary of the military department concerned
shall provide a comprehensive physical examination (including a
screening for Traumatic Brain Injury) and a mental health screening to
each member of the Armed Forces who, after a period of active duty of
more than 180 days, is undergoing separation from the Armed Forces and
is not otherwise provided such an examination or screening in
connection with such separation from the Department of Defense or the
Department of Veterans Affairs.
(b) No Right to Health Care Benefits.--The provision of a physical
examination or mental health screening to a member under subsection (a)
shall not, by itself, be used to determine the eligibility of the
member for any health care benefits from the Department of Defense or
the Department of Veterans Affairs.
(c) Funding.--Funds for the provision of physical examinations and
mental health screenings under this section shall be derived from funds
otherwise authorized to be appropriated for the military department
concerned for the provision of health care to members of the Armed
Forces.
SEC. 4. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO PROVIDE
ELECTRONIC COPY OF MEMBER SERVICE TREATMENT RECORDS TO
MEMBERS SEPARATING FROM THE ARMED FORCES.
(a) Report Required.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall submit to
Congress a report setting forth an assessment of the capacity of the
Department of Defense to provide each member of the Armed Forces who is
undergoing separation from the Armed Forces an electronic copy of the
member's service treatment record at the time of separation.
(b) Matters Relating to the National Guard.--The assessment under
subsection (a) with regards to members of the National Guard shall
include an assessment of the capacity of the Department to ensure that
the electronic copy of a member's service treatment record includes
health records maintained by each State or territory in which the
member served. | Medical Evaluation Parity for Servicemembers Act of 2014 or the MEPS Act - Directs the Secretary of the military department concerned to: (1) provide an individual with a mental health assessment before such individual enlists, or is commissioned as an officer, in the Armed Forces; and (2) use assessment results as a baseline for any subsequent mental health examination. Prohibits such Secretary from considering the results of such assessment in determining the assignment or promotion of a member of the Armed Forces. Requires the National Institute of Mental Health of the National Institutes of Health (NIH) to submit to Congress and the Secretary of Defense (DOD) a report on preliminary mental health assessments of members, including recommendations regarding: (1) establishing such an assessment to bring mental health screenings to parity with physical screenings of members; and (2) the composition of the assessment, best practices, and how to track assessment changes relating to traumatic brain injuries, post-traumatic stress disorder, and other conditions. Requires the Secretary concerned to provide a comprehensive physical examination and a mental health screening to each member who, after a period of active duty of more than 180 days, is undergoing separation from the Armed Forces and is not otherwise provided such examination or screening in connection with such separation from either DOD or the Department of Veterans Affairs (VA). Directs the Secretary of Defense to submit to Congress an assessment of DOD's capacity to provide each member who is undergoing separation an electronic copy of the member's service treatment record at the time of separation. | {"src": "billsum_train", "title": "MEPS Act"} | 1,132 | 335 | 0.693473 | 2.09383 | 0.973955 | 4.870748 | 3.255102 | 0.945578 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hydropower
Regulatory Efficiency Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Promoting small hydroelectric power projects.
Sec. 4. Promoting conduit hydropower projects.
Sec. 5. FERC authority to extend preliminary permit periods.
Sec. 6. Promoting hydropower development at nonpowered dams and closed
loop pumped storage projects.
Sec. 7. DOE study of pumped storage and potential hydropower from
conduits.
SEC. 2. FINDINGS.
Congress finds that--
(1) the hydropower industry currently employs approximately
300,000 workers across the United States;
(2) hydropower is the largest source of clean, renewable
electricity in the United States;
(3) as of the date of enactment of this Act, hydropower
resources, including pumped storage facilities, provide--
(A) nearly 7 percent of the electricity generated
in the United States; and
(B) approximately 100,000 megawatts of electric
capacity in the United States;
(4) only 3 percent of the 80,000 dams in the United States
generate electricity, so there is substantial potential for
adding hydropower generation to nonpowered dams; and
(5) according to one study, by utilizing currently untapped
resources, the United States could add approximately 60,000
megawatts of new hydropower capacity by 2025, which could
create 700,000 new jobs over the next 13 years.
SEC. 3. PROMOTING SMALL HYDROELECTRIC POWER PROJECTS.
Subsection (d) of section 405 of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2705) is amended by striking ``5,000''
and inserting ``10,000''.
SEC. 4. PROMOTING CONDUIT HYDROPOWER PROJECTS.
(a) Applicability of, and Exemption From, Licensing Requirements.--
Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a)(1) A qualifying conduit hydropower facility shall not be
required to be licensed under this part.
``(2)(A) Any person, State, or municipality proposing to construct
a qualifying conduit hydropower facility shall file with the Commission
a notice of intent to construct such facility. The notice shall include
sufficient information to demonstrate that the facility meets the
qualifying criteria.
``(B) Not later than 15 days after receipt of a notice of intent
filed under subparagraph (A), the Commission shall--
``(i) make an initial determination as to whether the
facility meets the qualifying criteria; and
``(ii) if the Commission makes an initial determination,
pursuant to clause (i), that the facility meets the qualifying
criteria, publish public notice of the notice of intent filed
under subparagraph (A).
``(C) If, not later than 45 days after the date of publication of
the public notice described in subparagraph (B)(ii)--
``(i) an entity contests whether the facility meets the
qualifying criteria, the Commission shall promptly issue a
written determination as to whether the facility meets such
criteria; or
``(ii) no entity contests whether the facility meets the
qualifying criteria, the facility shall be deemed to meet such
criteria.
``(3) For purposes of this section:
``(A) The term `conduit' means any tunnel, canal, pipeline,
aqueduct, flume, ditch, or similar manmade water conveyance
that is operated for the distribution of water for
agricultural, municipal, or industrial consumption and not
primarily for the generation of electricity.
``(B) The term `qualifying conduit hydropower facility'
means a facility (not including any dam or other impoundment)
that is determined or deemed under paragraph (2)(C) to meet the
qualifying criteria.
``(C) The term `qualifying criteria' means, with respect to
a facility--
``(i) the facility is constructed, operated, or
maintained for the generation of electric power and
uses for such generation only the hydroelectric
potential of a non-federally owned conduit;
``(ii) the facility has an installed capacity that
does not exceed 5 megawatts; and
``(iii) on or before the date of enactment of the
Hydropower Regulatory Efficiency Act of 2012, the
facility is not licensed under, or exempted from the
license requirements contained in, this part.
``(b) Subject to subsection (c), the Commission may grant an
exemption in whole or in part from the requirements of this part,
including any license requirements contained in this part, to any
facility (not including any dam or other impoundment) constructed,
operated, or maintained for the generation of electric power which the
Commission determines, by rule or order--
``(1) utilizes for such generation only the hydroelectric
potential of a conduit; and
``(2) has an installed capacity that does not exceed 40
megawatts.''.
(2) in subsection (c), by striking ``subsection (a)'' and
inserting ``subsection (b)''; and
(3) in subsection (d), by striking ``subsection (a)'' and
inserting ``subsection (b)''.
(b) Conforming Amendment.--Subsection (d) of section 405 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705), as
amended, is further amended by striking ``subsection (a) of such
section 30'' and inserting ``subsection (b) of such section 30''.
SEC. 5. FERC AUTHORITY TO EXTEND PRELIMINARY PERMIT PERIODS.
Section 5 of the Federal Power Act (16 U.S.C. 798) is amended--
(1) by designating the first, second, and third sentences
as subsections (a), (c), and (d), respectively; and
(2) by inserting after subsection (a) (as so designated)
the following:
``(b) The Commission may extend the period of a preliminary permit
once for not more than 2 additional years beyond the 3 years permitted
by subsection (a) if the Commission finds that the permittee has
carried out activities under such permit in good faith and with
reasonable diligence.''.
SEC. 6. PROMOTING HYDROPOWER DEVELOPMENT AT NONPOWERED DAMS AND CLOSED
LOOP PUMPED STORAGE PROJECTS.
(a) In General.--To improve the regulatory process and reduce
delays and costs for hydropower development at nonpowered dams and
closed loop pumped storage projects, the Federal Energy Regulatory
Commission (referred to in this section as the ``Commission'') shall
investigate the feasibility of the issuance of a license for hydropower
development at nonpowered dams and closed loop pumped storage projects
in a 2-year period (referred to in this section as a ``2-year
process''). Such a 2-year process shall include any prefiling licensing
process of the Commission.
(b) Workshops and Pilots.--The Commission shall--
(1) not later than 60 days after the date of enactment of
this Act, hold an initial workshop to solicit public comment
and recommendations on how to implement a 2-year process;
(2) develop criteria for identifying projects featuring
hydropower development at nonpowered dams and closed loop
pumped storage projects that may be appropriate for licensing
within a 2-year process;
(3) not later than 180 days after the date of enactment of
this Act, develop and implement pilot projects to test a 2-year
process, if practicable; and
(4) not later than 3 years after the date of implementation
of the final pilot project testing a 2-year process, hold a
final workshop to solicit public comment on the effectiveness
of each tested 2-year process.
(c) Memorandum of Understanding.--The Commission shall, to the
extent practicable, enter into a memorandum of understanding with any
applicable Federal or State agency to implement a pilot project
described in subsection (b).
(d) Reports.--
(1) Pilot projects not implemented.--If the Commission
determines that no pilot project described in subsection (b) is
practicable because no 2-year process is practicable, not later
than 240 days after the date of enactment of this Act, the
Commission shall submit to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Energy and
Natural Resources of the Senate a report that--
(A) describes the public comments received as part
of the initial workshop held under subsection (b)(1);
and
(B) identifies the process, legal, environmental,
economic, and other issues that justify the
determination of the Commission that no 2-year process
is practicable, with recommendations on how Congress
may address or remedy the identified issues.
(2) Pilot projects implemented.--If the Commission develops
and implements pilot projects involving a 2-year process, not
later than 60 days after the date of completion of the final
workshop held under subsection (b)(4), the Commission shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report that--
(A) describes the outcomes of the pilot projects;
(B) describes the public comments from the final
workshop on the effectiveness of each tested 2-year
process; and
(C)(i) outlines how the Commission will adopt
policies under existing law (including regulations)
that result in a 2-year process for appropriate
projects;
(ii) outlines how the Commission will issue new
regulations to adopt a 2-year process for appropriate
projects; or
(iii) identifies the process, legal, environmental,
economic, and other issues that justify a determination
of the Commission that no 2-year process is
practicable, with recommendations on how Congress may
address or remedy the identified issues.
SEC. 7. DOE STUDY OF PUMPED STORAGE AND POTENTIAL HYDROPOWER FROM
CONDUITS.
(a) In General.--The Secretary of Energy shall conduct a study--
(1)(A) of the technical flexibility that existing pumped
storage facilities can provide to support intermittent
renewable electric energy generation, including the potential
for such existing facilities to be upgraded or retrofitted with
advanced commercially available technology; and
(B) of the technical potential of existing pumped storage
facilities and new advanced pumped storage facilities, to
provide grid reliability benefits; and
(2)(A) to identify the range of opportunities for
hydropower that may be obtained from conduits (as defined by
the Secretary) in the United States; and
(B) through case studies, to assess amounts of potential
energy generation from such conduit hydropower projects.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Energy shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a report that describes
the results of the study conducted under subsection (a), including any
recommendations.
Passed the House of Representatives July 9, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Hydropower Regulatory Efficiency Act of 2012 - (Sec. 3) Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to increase from 5,000 to 10,000 kilowatts the size of small hydroelectric power projects which the Federal Energy Regulatory Commission (FERC) may exempt from its license requirements.
(Sec. 4) Amends the Federal Power Act to revise the limitation on the maximum installation capacity of qualifying conduit hydropower facilities that are eligible for an exemption from licensing requirements.
Requires any person, state, or municipality proposing to construct a qualifying conduit hydropower facility to file with FERC a notice of intent to do so. Requires FERC, within 15 days after receiving such a notice of intent, to make an initial determination as to whether the facility meets the qualifying criteria.
Waives license requirements for any conduit hydroelectric facility that: (1) uses for electric power generation only the hydroelectric potential of a non-federally owned conduit, (2) has a maximum installed capacity of five megawatts, and (3) is not currently licensed or exempted from license requirements.
Redefines "conduit" to specify any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity.
Authorizes FERC to exempt from license requirements any electric power generation facility that utilizes for such generation only the hydroelectric potential of a conduit, and has an installed capacity or 40 megawatts or fewer.
(Sec. 5) Authorizes FERC to extend the preliminary permit period for up to two additional years beyond the three years otherwise allowed if it finds that the permittee has implemented activities under the permit in good faith and with reasonable diligence.
(Sec. 6) Directs FERC to: (1) investigate the feasibility of issuing a license for hydropower development at nonpowered dams and closed loop pumped storage projects during a two-year period, and (2) hold workshops and develop hydropower pilot projects.
(Sec. 7) Directs the Secretary of Energy (DOE) to study: (1) the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such facilities to be upgraded or retrofitted with advanced commercially available technology; and (2) the technical potential of existing pumped storage facilities and new advanced pumped storage facilities to provide grid reliability benefits. | {"src": "billsum_train", "title": "To improve hydropower, and for other purposes."} | 2,501 | 553 | 0.625489 | 2.122432 | 0.792366 | 3.892473 | 4.991398 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Firearm Safety and Buyback Grant Act
of 2013''.
SEC. 2. TAX ON HANDGUN PURCHASES.
(a) In General.--Chapter 31 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:
``Subchapter D--Concealable Firearms
``Sec. 4056. Imposition of tax.
``SEC. 4056. IMPOSITION OF TAX.
``(a) In General.--There is hereby imposed on any retail sale of
any concealable firearms a tax equal to 10 percent of the price for
which so sold.
``(b) By Whom Paid.--The tax imposed by subsection (a) shall be
paid by the seller of the concealable firearm.
``(c) Exemption for Law Enforcement Uses, etc.--No tax shall be
imposed by this section on the sale of any concealable firearm to the
Federal Government, or a State or local government.
``(d) Definitions.--For purposes of this section--
``(1) Concealable firearm.--The term `concealable firearm'
has the meaning given the term `any other weapon' by section
5845.
``(2) Retail sale.--
``(A) In general.--The term `retail sale' means the
sale, for a purpose other than resale, after
manufacture, production, or importation.
``(B) Use treated as sale.--
``(i) In general.--If any person uses an
article taxable under this section before the
first retail sale of such article, then such
person shall be liable for tax under this
section in the same manner as if such article
were sold at retail by him.
``(ii) Exemption for use in further
manufacture.--Paragraph (1) shall not apply to
use of an article as material in the
manufacture or production of, or as a component
part of, another article to be manufactured or
produced by him.
``(iii) Computation of tax.--In the case of
any person made liable for tax by paragraph
(1), the tax shall be computed on the price at
which similar articles are sold at retail in
the ordinary course of trade, as determined by
the Secretary.
``(iv) 1st retail sale; determination of
price.--For purposes of this section, rules
similar to the rules of section 4052 shall
apply.
``(e) Coordination.--The tax imposed by subsection (a) is in
addition to any tax imposed by sections 4181 and 5811.''.
(b) Clarification Relating to Indian Tribal Governments.--
Subparagraph (A) of section 7871(a)(2) of such Code is amended by
striking ``relating to tax on special fuels'' and inserting ``relating
to retail excise taxes''.
(c) Clerical Amendment.--The table of subchapters for chapter 31 of
such Code is amended by adding at the end the following new item:
``subchapter d. concealable firearms.''.
(d) Effective Date.--The amendments made by this section shall
apply to sales on or after the 120th day after the date of the
enactment of this Act.
SEC. 3. FIREARMS BUYBACK GRANT PROGRAM.
(a) In General.--The Attorney General shall establish, in
accordance with the provisions of this section, a grant program under
which the Attorney General may make grants to eligible entities
described in subsection (d)(1) for State, tribal, and local law
enforcement agencies to carry out anti-violence campaigns, gun safety
campaigns, and firearms buyback programs.
(b) Firearms Buyback Program Defined.--For purposes of this
section, the term ``firearms buyback program'' means, with respect to a
State, tribal, or local law enforcement agency, a program carried out
by such agency--
(1) under which the agency purchases firearms from, or
accepts firearm donations made by, individuals;
(2) the goal of which is to promote anti-violence
campaigns, gun safety, and proper disposal of firearms, and to
provide a process under which individuals may anonymously turn
in firearms to such agency; and
(3) under which such agency may take measures to identify
if a firearm obtained through such program is lost or stolen
and may take measures to return any such firearm so identified
to the owner of such firearm.
(c) Applications.--
(1) In general.--An eligible entity desiring a grant under
this section shall submit to the Attorney General an
application for the grant, which shall be in such form and
contain, in addition to the information described in paragraph
(2), such information as the Attorney General may require.
(2) Required information.--An application submitted by an
eligible entity for a grant under this section, with respect to
a firearms buyback program, shall contain assurances to the
satisfaction of the Attorney General that--
(A) in the case of an individual from whom a
firearm is obtained under the program--
(i) in the case such firearm is not a
donation, such individual shall be provided a
reward in an amount that is not less than $50
and not more than $350 for such firearm; and
(ii) such individual shall remain
anonymous, including by the assurance that the
law enforcement agency carrying out such
program will not collect or maintain any
written record identifying or leading to the
identity of the individual as the individual
who provided such firearm under the program;
(B) firearms obtained under the program shall be
disposed of in a timely and appropriate manner, as
approved by the Attorney General; and
(C) none of the funds provided through the grant
will be used for the promotion of firearm sales.
(d) Additional Definitions.--For purposes of this section:
(1) Eligible entities.--The term ``eligible entity'' means
a State, unit of local government, Indian tribal government, or
State, tribal, or local law enforcement agency.
(2) Firearm.--The term ``firearm'' has the meaning given
such term by section 921(a)(3) of title 18, United States Code.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands.
(e) Funding.--
(1) Authorization of appropriations for fiscal year 2013.--
There is authorized to be appropriated $1,000,000 for fiscal
year 2013, in addition to amounts made available under
paragraph (2) for such fiscal year, to carry out this section.
(2) Funds for fiscal year 2013 and subsequent fiscal years
from tax on concealable firearms.--For fiscal year 2013 and
each subsequent fiscal year, taxes imposed pursuant to section
4056 of the Internal Revenue Code of 1986 shall be available,
without further appropriation, to the Attorney General to carry
out this section. | Firearm Safety and Buyback Grant Act of 2013 - Amends the Internal Revenue Code to impose upon the seller of any concealable firearm an excise tax equal to 10% of its retail sales price. Exempts sales to federal, state, or local governments. Makes any person who uses a concealable firearm prior to its first retail sale liable for such tax as if such person sold such firearm at retail. Directs the Attorney General to award grants to states, Indian tribal governments, and local governments for their law enforcement agencies to carry out anti-violence and gun safety campaigns and firearms buyback programs. | {"src": "billsum_train", "title": "Firearm Safety and Buyback Grant Act of 2013"} | 1,585 | 132 | 0.570621 | 1.422631 | 0.639913 | 2.508929 | 12.571429 | 0.866071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community-Based Health Care
Retraining Act''.
SEC. 2. HEALTH PROFESSIONS TRAINING DEMONSTRATION PROJECT.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(e) Health Professions Training Demonstration Project.--
``(1) Definitions.--In this subsection:
``(A) Covered community.--The term `covered
community' means a community or region that--
``(i) has experienced a significant
percentage decline in positions in the
manufacturing or service sectors; and
``(ii) is determined by the Secretary of
Health and Human Services (in consultation with
the medical community) to be an area with a
shortage of health care professionals described
in clause (i) or (ii) of subparagraph (C).
``(B) Covered worker.--The term `covered worker'
means an individual who--
``(i)(I) has been terminated or laid off,
or who has received a notice of termination or
layoff, from employment in a manufacturing or
service sector;
``(II)(aa) is eligible for or has exhausted
entitlement to unemployment compensation; or
``(bb) has been employed for a duration
sufficient to demonstrate, to the appropriate
entity at a one-stop center referred to in
section 134(c), attachment to the workforce,
but is not eligible for unemployment
compensation due to insufficient earnings or
having performed services for an employer that
were not covered under a State unemployment
compensation law; and
``(III) is unlikely to return to a previous
industry or occupation; or
``(ii)(I) has been terminated or laid off,
or has received a notice of termination or
layoff, from employment in a manufacturing or
service sector as a result of any permanent
closure of, or any substantial layoff at, a
plant, facility, or enterprise; or
``(II) is employed in a manufacturing or
service sector at a facility at which the
employer has made a general announcement that
such facility will close within 180 days.
``(C) Health care professional.--The term `health
care professional'--
``(i) means an individual who is involved
with--
``(I) the delivery of health care
services, or related services,
pertaining to--
``(aa) the identification,
evaluation, and prevention of
diseases, disorders, or
injuries; or
``(bb) home-based or
community-based long-term care;
``(II) the delivery of dietary and
nutrition services; or
``(III) rehabilitation and health
systems management; and
``(ii) with respect to a covered community
to be served through a grant made under
paragraph (3), includes individuals in health
care professions and jobs for which there is a
shortage in the community, as determined by the
Secretary of Health and Human Services (in
consultation with the medical community),
giving consideration to the amount of training
time required to retrain the covered workers
for the health care professions and jobs.
``(D) Tribal college or university.--The term
`tribal college or university' means--
``(i) a tribally controlled college or
university, as defined in section 2 of the
Tribally Controlled College or University
Assistance Act of 1978 (25 U.S.C. 1801);
``(ii) Dine College, authorized in the
Navajo Community College Act (25 U.S.C. 640a et
seq.); and
``(iii) any of the 1994 Institutions, as
defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note).
``(2) Establishment of project.--In accordance with
subsection (b), the Secretary shall establish and carry out a
health professions training demonstration project.
``(3) Grants.--In carrying out the project, the Secretary,
after consultation with the Secretary of Health and Human
Services, shall make grants to eligible entities to enable the
entities to carry out programs in covered communities to train
covered workers for employment as health care professionals.
The Secretary shall make each grant in an amount of not less
than $100,000 and not more than $500,000.
``(4) Eligible entities.--Notwithstanding subsection
(b)(2)(B), to be eligible to receive a grant under this
subsection to carry out a program in a covered community, an
entity shall be a partnership that is--
``(A) under the direction of a local workforce
investment board established under section 117 that is
serving the covered community; and
``(B) composed of members serving the covered
community, such as--
``(i) an institution of higher education
that provides a 4-year program of instruction;
``(ii) an accredited community college;
``(iii) an accredited vocational or
technical school;
``(iv) a tribal college or university;
``(v) a health clinic or hospital;
``(vi) a home-based or community-based
long-term care facility or program; or
``(vii) a health care facility administered
by the Secretary of Veterans Affairs.
``(5) Applications.--To be eligible to receive a grant
under this subsection, an entity shall submit an application to
the Secretary at such time, in such manner, and containing such
information as the Secretary may require, including, at a
minimum--
``(A) a proposal to use the grant funds to
establish or expand a training program in order to
train covered workers for employment as health care
professionals (including paraprofessionals);
``(B) information demonstrating the need for the
training and support services to be provided through
the program;
``(C) information describing the manner in which
the entity will expend the grant funds, and the
activities to be carried out with the funds;
``(D) information demonstrating that the entity
meets the requirements of paragraph (4); and
``(E) with respect to training programs carried out
by the applicant, information--
``(i) on the graduation rates of the
programs involved;
``(ii) on the retention measures carried
out by the applicant;
``(iii) on the length of time necessary to
complete the training programs of the
applicant; and
``(iv) on the number of qualified covered
workers that are refused admittance into the
training programs because of lack of capacity.
``(6) Selection.--In making grants under paragraph (3), the
Secretary, after consultation with the Secretary of Health and
Human Services, shall--
``(A) consider the information submitted by the
eligible entities under paragraph (5)(E); and
``(B) select--
``(i) eligible entities submitting
applications that meet such criteria as the
Secretary of Labor determines to be
appropriate; and
``(ii) among such entities, the eligible
entities serving the covered communities with
the greatest need for the grants and the
greatest potential to benefit from the grants.
``(7) Use of funds.--
``(A) In general.--An entity that receives a grant
under this subsection shall use the funds made
available through the grant for training and support
services that meet the needs described in the
application submitted under paragraph (5), which may
include--
``(i) increasing capacity, subject to
subparagraph (B), at an educational institution
or training center to train individuals for
employment as health professionals, such as
by--
``(I) expanding a facility, subject
to subparagraph (B);
``(II) expanding course offerings;
``(III) hiring faculty;
``(IV) providing a student loan
repayment program for the faculty;
``(V) establishing or expanding
clinical education opportunities;
``(VI) purchasing equipment, such
as computers, books, clinical supplies,
or a patient simulator; or
``(VII) conducting recruitment; or
``(ii) providing support services for
covered workers participating in the training,
such as--
``(I) providing tuition assistance;
``(II) establishing or expanding
distance education programs;
``(III) providing transportation
assistance; or
``(IV) providing child care.
``(B) Limitation.--To be eligible to use the funds
to expand a facility, the eligible entity shall
demonstrate to the Secretary in an application
submitted under paragraph (5) that the entity can
increase the capacity described in subparagraph (A)(i)
of such facility only by expanding the facility.
``(8) Funding.--Of the amounts appropriated to, and
available at the discretion of, the Secretary or the Secretary
of Health and Human Services for programmatic and
administrative expenditures, a total of $25,000,000 shall be
used to establish and carry out the demonstration project
described in paragraph (2) in accordance with this
subsection.''. | Community-Based Health Care Retraining Act - Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to establish and carry out a health professions training demonstration project that awards grants to eligible entities to train certain unemployed workers from the manufacturing or service sector for employment as health care professionals in communities with manufacturing and service sector job loss and health care professional shortages. | {"src": "billsum_train", "title": "A bill to establish a demonstration project to train unemployed workers for employment as health care professionals, and for other purposes."} | 1,983 | 80 | 0.53002 | 1.253761 | 1.129064 | 3.114286 | 27.371429 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tele-Care Act of 2009''.
SEC. 2. MEDICARE PAYMENT FOR UNSCHEDULED PHYSICIAN TELEPHONE SERVICES.
(a) Coverage Under Part B.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (DD), by striking ``and'' at
the end;
(B) in subparagraph (EE), by adding at the end
``and''; and
(C) by adding at the end the following new
subparagraph:
``(FF) subject to section 2(c) of the Tele-Care Act
of 2009, unscheduled telephone consultation services
(as defined in subsection (hhh)(1)) by a licensed
health care practitioner, as defined by the Secretary
(such as a physician, nurse practitioner, physician
assistant, or nurse midwife), with respect to the
furnishing of primary care services to an individual,
if--
``(i) the Medicare number of the individual
is associated with the national provider
identifier of the licensed health care
practitioner;
``(ii) to ensure the quality and
appropriateness of such consultation services,
the utilization of such services by the
individual can be reviewed by a utilization and
quality control peer review organization or
eligible entity with which the Secretary has
entered into a contract under part B of title
XI or section 1893, respectively, by the
organization or entity applying for purposes of
the review under this subparagraph the
processes and standards used by such
organization or entity under such part or
section, respectively, in the same manner that
such processes and standards apply for purposes
of carrying out utilization and quality review
under such part or section, respectively;
``(iii) such consultation services are
securely recorded by the Secretary (or an
entity described in subsection (hhh)(1) with
which the Secretary enters into a contract) for
purposes of appropriate review by peers of the
licensed health care practitioner who practice
in the same medical specialty as the licensed
health care practitioner and Medicare
administrative contractor oversight of such
services; and
``(iv) the licensed health care
practitioner provides for the submission to the
Secretary (or an entity described in subsection
(hhh)(1) with which the Secretary enters into a
contract) and the Secretary (or such an entity)
records and maintains a summary of each such
consultation service furnished by the licensed
health care practitioner that includes--
``(I) the date and time (including
duration) of the consultation service;
``(II) a unique medical record
number specified by the Secretary (or
such entity) to identify the
consultation service;
``(III) the name of the individual;
``(IV) the name of the licensed
health care practitioner; and
``(V) a summary of the content of
the consultation service;''.
(2) Unscheduled telephone consultation services defined.--
Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding
at the end the following new subsection:
``Unscheduled Telephone Consultation Services
``(hhh)(1) The term `unscheduled telephone consultation service'
means a consultation conducted by means of telephone or similar
electronic communication device between a licensed health care
practitioner described in subsection (s)(2)(FF) and an individual (or a
representative of such individual), with respect to the furnishing of
primary care services to such individual, that is not included as a
scheduled physician service (as defined by the Secretary in
regulations), and which is initiated by the individual (or
representative) contacting a communication network operated by the
Secretary (or an entity with which the Secretary enters into a
contract) that connects the individual to the licensed health care
practitioner, securely records the consultation for purposes of
subsection (s)(2)(FF), and maintains the information described in
clause (iv) of such subsection with respect to such consultation.
``(2) For purposes of applying the regulations promulgated pursuant
to section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033) with
respect to an unscheduled telephone consultation service furnished by a
licensed health care practitioner--
``(A) an entity with which the Secretary contracts under
this subsection shall be treated as a health oversight agency;
and
``(B) activities of such an entity described in
subparagraph (A) in relation to such licensed health care
practitioner and such unscheduled telephone consultation
service are deemed to be health oversight activities.''.
(b) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of
such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(FF),''
after ``(2)(EE),''.
(c) Contingent Effective Date, Demonstration Program.--
(1) Contingent effective date.--The amendments made by this
section shall become effective (if at all) in accordance with
paragraph (2).
(2) Demonstration program.--
(A) In general.--The Secretary of Health and Human
Services (in this paragraph referred to as the
``Secretary'') shall establish a demonstration program
to begin not later than 6 months after the date of the
enactment of this Act to test the effectiveness of
providing coverage under the Medicare program for
unscheduled telephone consultation services (as defined
in section 1861(hhh) of the Social Security Act, as
added by subsection (a)(2)), by licensed health care
practitioners to the extent provided under the
amendments made by this section to a sample group of
Medicare beneficiaries. For purposes of such
demonstration program, the Secretary shall find that
the provision of such coverage is effective if--
(i) the coverage reduces costs to the
Medicare program (such as through a reduction
in admissions to the emergency departments of
hospitals), whether or not such reduction is
demonstrated in a reduction in the facility
fees of hospital emergency departments,
professional fees of emergency department
licensed health care practitioners, laboratory
fees, pathologist fees, hospital radiology
department fees for technical components of x-
rays, radiologist professional fees for
interpreting x-rays, hospital respiratory
department fees for respiratory treatments,
hospital cardiology department fees for
electrocardiograms, professional fees for
interpreting such electrocardiograms, or any
other cost specified by the Secretary; and
(ii) the coverage results in patient health
outcomes that are at least as favorable as
would apply in the absence of such coverage (as
determined in accordance with criteria
established by the Centers for Medicare &
Medicaid Services, in consultation with
physician organizations).
(B) Initial period of demonstration program.--The
demonstration program under subparagraph (A) shall be
conducted for an initial period of 24 months.
(C) Report to congress.--
(i) In general.--Not later than 30 days
after the last day of the initial period under
subparagraph (B), the Secretary shall submit to
Congress a report on the results of the
demonstration program under this paragraph.
(ii) Finding that payments are effective.--
If the Secretary finds, on the basis of the
data derived from the demonstration program
under subparagraph (A) and in accordance with
such subparagraph, that providing coverage
under the Medicare program for unscheduled
telephone consultation services by licensed
health care practitioners (to the extent
provided under the amendments made by this
section) is effective, the amendments made by
this section shall become effective on the
first day of the first month beginning after
the date the report under clause (i) is
submitted to Congress.
(iii) Finding that payments are not
effective.--If the Secretary finds, on the
basis of the data derived from the
demonstration program under subparagraph (A)
and in accordance with such subparagraph, that
a finding of effectiveness (as described in
clause (ii)) cannot be made, the demonstration
program shall continue for a period of an
additional 24 months. Not later than 30 days
after the last day of such period, the
Secretary shall submit to Congress a final
report on the results of such program. The
amendments made by this section shall become
effective on the first day of the first month
beginning after the date such report is
submitted to Congress unless the report
contains a finding by the Secretary, on the
basis of such data and in accordance with such
subparagraph, that providing coverage under the
Medicare program for unscheduled telephone
consultation services by licensed health care
practitioners (to the extent provided under the
amendments made by this section) is not
effective, in which case the amendments made by
this section shall not become effective.
(d) Clarification.--Nothing in the provisions of this section or
the amendments made by this section shall be construed as authorizing
the creation of a national reporting system on licensed health care
practitioner quality. | Tele-Care Act of 2009 - Amends title XVIII (Medicare) to provide for coverage under Medicare part B (Supplemental Security Income) (SSI) of unscheduled physician telephone services by a licensed health care practitioner, subject to certain requirements.
Directs the Secretary of Health and Human Services (HHS) to establish a demonstration program to test the effectiveness of such coverage. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide payments under the Medicare Program to licensed health care practitioners for unscheduled telephone consultation services in the case that such payments are determined to be cost and quality effective."} | 1,962 | 90 | 0.46185 | 1.11556 | 0.764066 | 2.605634 | 25.873239 | 0.859155 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Manufacturing and
Rebuilding Transit Act of 2011'' or the ``SMART Act''.
SEC. 2. PREFERENCE IN AWARDING COMPETITIVE TRANSPORTATION
INFRASTRUCTURE GRANTS.
(a) Preference.--In awarding grants for projects that include the
purchase of transit vehicle rolling stock, rail, and supporting
equipment, the Secretary of Transportation shall give preference to a
project if the manufactured goods to be purchased have a domestic
content percentage that--
(1) exceeds otherwise applicable Federal requirements; and
(2) in the case of rolling stock, is consistent with
industry-recognized standards, if available.
(b) Covered Grants.--The grants referred to in subsection (a) are
discretionary or competitive grants, loans, loan guarantees, and lines
of credit--
(1) authorized under chapter 53 of title 49, United States
Code;
(2) used to fund in full or in part projects eligible for
Federal assistance under such chapter; or
(3) provided by the Department of Transportation for
entities eligible for financial assistance under chapter 53 of
title 49, United States Code.
SEC. 3. INCREASING THE TRANSPARENCY OF DOMESTIC CONTENT WAIVERS.
(a) Clarity in Domestic Content Regulations.--The Secretary of
Transportation shall establish a centralized Web site that provides
rules and guidance, waiver notices, and departmental and agency actions
applicable to the domestic content standards of the Federal-aid
programs within the jurisdiction of the Department of Transportation.
(b) Transparency in Waivers.--
(1) Public transportation assistance.--Section 5323(j) of
title 49, United States Code, is amended--
(A) in paragraph (2)(C)(i), by inserting
``(excluding labor costs involved in final assembly)''
after ``United States'';
(B) by striking paragraph (4);
(C) by redesignating paragraph (5) as paragraph
(4); and
(D) by inserting after paragraph (4), as
redesignated, the following:
``(5) Limitations on Waivers.--
``(A) Requests for waivers.--Not later than 7 days after
the Secretary receives a written request for a waiver of any
requirement under this subsection or section
5307(d)(1)(E)(iii), the Secretary shall--
``(i) publish the request on a publicly available
agency Web site in an easily identifiable location; and
``(ii) provide the public with at least 30 days for
notice and comment before issuing the requested waiver.
``(B) Waivers granted.--Not later than 30 days after the
Secretary decides to waive any requirement under this
subsection or section 5307(d)(1)(E)(iii), the Secretary shall
publish the decision and the justification for such decision in
the Federal Register and on the publicly available Web site
described in subparagraph (A).
``(C) Notification of the office of management and
budget.--If the Secretary grants a waiver of any requirement
under this subsection or section 5307(d)(1)(E)(iii), the
Secretary shall submit to the Director of the Office of
Management and Budget--
``(i) a notification of the application of the
exception; and
``(ii) a statement describing the procurement and
the exception being applied.''.
(2) Amtrak.--Section 24305(f) of title 49, United States
Code, is amended--
(A) in paragraph (4), by striking ``exempt Amtrak
from this subsection'' and inserting ``waive paragraph
(2)''; and
(B) by adding at the end the following:
``(5) Limitations on Waivers.--
``(A) Requests for waivers.--Not later than 7 days after
the Secretary of Transportation receives a written request for
a waiver of paragraph (2), the Secretary shall--
``(i) publish the request on a publicly available
agency Web site in an easily identifiable location; and
``(ii) provide the public with at least 30 days for
notice and comment before issuing the requested waiver.
``(B) Waivers granted.--Not later than 30 days after the
Secretary decides to waive paragraph (2), the Secretary shall
publish the decision and the justification for such decision in
the Federal Register and on the publicly available Web site
described in subparagraph (A).
``(C) Notification of the office of management and
budget.--If the Secretary grants a waiver of paragraph (2), the
Secretary shall submit to the Director of the Office of
Management and Budget--
``(i) a notification of the application of the
exception; and
``(ii) a statement describing the procurement and
the exception being applied.''.
(3) Intercity passenger rail service.--Section 24405(a) of
title 49, United States Code, is amended--
(A) by redesignating paragraphs (7) through (11) as
paragraphs (8) through (12), respectively; and
(B) by inserting after paragraph (6) the following:
``(7) Limitations on Waivers.--
``(A) Requests for waivers.--Not later than 7 days after
the Secretary of Transportation receives a written request for
a waiver of any requirement under this subsection, the head of
such agency shall--
``(i) publish the request on a publicly available
agency Web site in an easily identifiable location; and
``(ii) provide the public with a minimum of 30 days
for notice and comment before issuing the requested
waiver.
``(B) Waivers granted.--Not later than 30 days after the
Secretary decides to waive any requirement under this
subsection, the Secretary shall publish the decision and the
justification for such decision in the Federal Register and on
the publicly available Web site described in subparagraph (A).
``(C) Notification of the office of management and
budget.--If the Secretary grants a waiver of any requirement
under this subsection, the Secretary shall submit to the
Director of the Office of Management and Budget--
``(i) a notification of the application of the
exception; and
``(ii) a statement describing the procurement and
the exception being applied.''.
SEC. 4. REQUIREMENT FOR ANNUAL REPORTING ON EXCEPTIONS TO DOMESTIC
SOURCE REQUIREMENTS FOR TRANSPORTATION INVESTMENTS.
(a) In General.--Not later than 60 days after the end of a fiscal
year, the Inspector General of the Department of Transportation shall
submit a report to Congress on the acquisitions supported by Federal
transportation infrastructure investments which did not satisfy
applicable domestic content standards.
(b) Contents of Report.--The report submitted under subsection (a)
shall include, for the fiscal year covered by such report--
(1) the number of all domestic content waivers issued for
transportation infrastructure, rolling stock, and supporting
equipment purchases;
(2) the countries and specifications of the products for
which waivers were granted;
(3) an itemized list of all waivers granted with respect to
articles, materials, and supplies;
(4) any law that requires procurement of goods from a
domestic source;
(5) a citation to the treaty, international agreement, or
other law under which each waiver was granted, if applicable;
(6) the specific exception under the applicable domestic
content standards that was used to purchase such articles,
materials, or supplies, if any articles, materials, or supplies
were acquired from entities that manufacture articles,
materials, or supplies outside of the United States; and
(7) a summary of--
(A) the total procurement funds expended on
articles, materials, and supplies manufactured inside
the United States; and
(B) the total procurement funds expended on
articles, materials, and supplies manufactured outside
of the United States. | Strengthening Manufacturing and Rebuilding Transit Act of 2011 or SMART Act - Requires the Secretary of Transportation (DOT) to give preference to the award of discretionary or competitive grants, loans, loan guarantees, and lines of credit to transportation infrastructure projects, including the purchase of transit vehicle rolling stock, rail, and supporting equipment, in which manufactured goods to be purchased have a domestic content percentage that: (1) exceeds applicable federal requirements; and (2) in the case of rolling stock, is consistent with industry-recognized standards, if available.
Directs the Secretary to establish a centralized website that provides rules and guidance, waiver notices, and agency actions of the domestic content (Buy America) standards for DOT federal-aid programs.
Requires the Secretary to subject to public notice and comment any request for waiver, and to publication in the Federal Register and notification to Director of the Office of Management and Budget (OMB) of any waiver, of Buy America requirements involving: (1) public transportation projects, (2) AMTRAK acquisition and maintenance of equipment and facilities, and (3) intercity passenger rail service corridor capital assistance projects.
Directs the DOT Inspector General to report annually to Congress on acquisitions funded by federal transportation infrastructure investments that do not comply with Buy American requirements. | {"src": "billsum_train", "title": "A bill to improve domestic procurement policies by providing rules and guidance, waiver notices, and departmental and agency actions applicable to the domestic content standards of Federal grants administered by the Department of Transportation, and for other purposes."} | 1,739 | 271 | 0.647487 | 1.946624 | 0.80539 | 4.196787 | 6.333333 | 0.879518 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Military Supplemental
Procedures Act''.
SEC. 2. EXPEDITED CONGRESSIONAL CONSIDERATION OF CERTAIN DEFENSE
SUPPLEMENTAL APPROPRIATIONS BILLS.
(a) Qualifying Bill.--This section applies with respect to a
qualifying defense supplemental appropriations bill. For purposes of
this section, the term ``qualifying defense supplemental appropriations
bill'' means a bill that states that the purpose of the bill is to meet
critical national security needs and that otherwise only makes
supplemental appropriations for any fiscal year for one or more of the
following purposes:
(1) Operation and maintenance for the Department of
Defense.
(2) Military personnel for the Department of Defense.
(3) Procurement of ammunition for the Department of
Defense.
(4) Procurement for the Department of Defense (other than
ammunition) to replace a loss or expenditure of material.
(5) Defense Health Program.
(6) Military construction to repair or replace structures
damaged or destroyed by natural disaster.
(7) Operating expenses of the Coast Guard.
(b) Consideration in the House of Representatives.--A motion in the
House of Representatives to resolve into the Committee of the Whole
House on the State of the Union for consideration of a qualifying
defense supplemental appropriations bill reported from the Committee on
Appropriations shall be decided without intervening motion. A motion to
reconsider the vote to resolve into the Committee of the Whole is not
in order. Consideration of the bill in the Committee of the Whole may
not extend for a period in excess of 10 hours. When the Committee on
the Whole rises and reports the bill to the House, the previous
question shall be considered as ordered on the bill to final passage
without intervening motion except one motion to recommit with or
without instructions. A motion to reconsider the vote by which the bill
is passed is not in order.
(c) Consideration in Senate.--(1)(A) A qualifying defense
supplemental appropriations bill shall be considered in the Senate in
accordance with the provisions of this subsection.
(B) Such a bill received in the Senate from the House of
Representatives shall be held at the desk in the Senate and may be
considered in the Senate only in accordance with subsection (d). Such a
bill introduced in the Senate shall be referred to the Committee on
Appropriations of the Senate.
(2) If after a period of 10 legislative days after the date of
referral to it of a qualifying defense supplemental appropriations bill
the Committee on Appropriations of the Senate has not reported the
bill, that committee shall be discharged from further consideration of
the bill and the bill shall be placed on the appropriate calendar.
(3) On or after the third legislative day after the date on which
the Committee on Appropriations has reported, or has been discharged
(under paragraph (2)) from further consideration of, a qualifying
defense supplemental appropriations bill, it is in order (even though a
previous motion to the same effect has been disagreed to) for any
Member of the Senate to move to proceed to the consideration of the
bill. A Member may make the motion only on the day after the calendar
day on which the Member announces to the Senate the Member's intention
to make the motion. The motion is privileged and is not debatable. The
motion is not subject to amendment, or to a motion to postpone, or to a
motion to proceed to the consideration of other business. A motion to
reconsider the vote by which the motion is agreed to or disagreed to is
not in order. If a motion to proceed to the consideration of the bill
is agreed to, the Senate shall immediately proceed to consideration of
the bill without intervening motion, order, or other business, and the
bill shall remain the unfinished business of the Senate until disposed
of.
(4) Debate on the bill, and on all amendments thereto and debatable
motions and appeals in connection therewith, shall be limited to not
more than a total of 10 hours, which shall be divided equally between
those favoring and those opposing the bill. A motion to postpone, or a
motion to proceed to the consideration of other business, or a motion
to recommit the bill is not in order.
(5) Debate on any amendment to the bill shall be limited to two
hours, to be equally divided between, and controlled by, the mover and
the manager of the bill, and debate on any amendment to an amendment,
debatable motion, or appeal shall be limited to one hour, to be equally
divided between, and controlled by, the mover and the manager of the
bill, except that in the event the manager of the bill is in favor of
any such amendment, motion, or appeal, the time in opposition thereto
shall be controlled by the minority leader or his designee. No
amendment that is not germane to the provisions of the bill shall be
received.
(6) A motion to further limit debate is not debatable. A motion to
recommit (except a motion to recommit with instructions to report back
within a specified number of days, not to exceed three, not counting
any day on which the Senate is not in session) is not in order. Debate
on any such motion to recommit shall be limited to one hour, to be
equally divided between, and controlled by, the mover and the manager
of the bill.
(7) Immediately following the conclusion of the debate on the bill
and a single quorum call at the conclusion of the debate if requested
in accordance with the rules of the Senate, the vote on advancing the
bill to third reading shall occur.
(8) A motion to reconsider the vote by which third reading of the
bill is agreed to or disagreed to is not in order.
(9) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate to the procedure relating to a
qualifying defense supplemental appropriations bill shall be decided
without debate.
(d) Action in Senate on Measure From House.--If, upon the ordering
of the third reading of a qualifying defense supplemental
appropriations bill in the Senate the Senate has received from the
House of Representatives a qualifying defense supplemental
appropriations bill that is being held at the desk pursuant to
subsection (c)(1) or, if not, then upon the receipt from the House of
Representatives of a qualifying defense supplemental appropriations
bill, the following procedures shall apply:
(1) if the bill received from the House of Representatives
is identical to the bill as advanced to third reading by the
Senate, the vote on final passage shall be on the bill of the
House of Representatives; and
(2) if the bill received from the House is not identical to
the bill as advanced to third reading by the Senate--
(A) the bill received from the House shall be
considered as amended with the text and title (if
different) of the bill of the Senate;
(B) the vote on final passage shall be on the bill
of the House of Representatives as so amended; and
(C) a motion shall be in order to insist on the
amendment or amendments of the Senate and to request a
conference with the House of Representatives on the
disagreeing votes of the two Houses thereon.
(e) Action in House on Request for Conference from the Senate.--
Upon receiving from the Senate a message that the Senate has passed
with an amendment or amendments a qualifying defense supplemental
appropriations bill and that the Senate insists upon its amendment or
amendments and requests a conference of the two Houses on the
disagreeing votes thereon, the House of Representatives shall be
considered to have disagreed to the amendment or amendments of the
Senate and agreed to the conference requested by the Senate.
(f) Limitation Pending Conclusion of Conference.--After a
conference on the disagreeing votes of the two Houses on a qualifying
defense supplemental appropriations bill has been agreed to under
subsection (e), it shall not be in order in the Senate or the House of
Representatives to consider a motion to adjourn that House for a period
of more than three days until the committee of conference has filed its
report.
(g) Senate Action on Conference Reports, etc.--(1) A motion in the
Senate to proceed to the consideration of a conference report on a
qualifying defense supplemental appropriations bill may be made even
though a previous motion to the same effect has been disagreed to.
(2) During the consideration in the Senate of the conference report
(or a message from the House) on qualifying defense supplemental
appropriations bill, and all amendments in disagreement, and all
amendments thereto, and debatable motions and appeals in connection
therewith, debate shall be limited to five hours, to be equally divided
between, and controlled by, the majority leader and minority leader or
their designees. Debate on any debatable motion or appeal related to
the conference report (or a message between Houses) shall be limited to
one hour, to be equally divided between, and controlled by, the mover
and the manager of the conference report (or a message from the House).
(3) Should the conference report be defeated in the Senate, debate
on any request for a new conference and the appointment of conferees
shall be limited to one hour, to be equally divided between, and
controlled by, the manager of the conference report and the minority
leader or his designee, and should any motion be made to instruct the
conferees before the conferees are named, debate on such motion shall
be limited to one-half hour, to be equally divided between, and
controlled by, the mover and the manager of the conference report.
Debate on any amendment to any such instructions shall be limited to 20
minutes, to be equally divided between and controlled by the mover and
the manager of the conference report. In all cases when the manager of
the conference report is in favor of any motion, appeal, or amendment,
the time in opposition shall be under the control of the minority
leader or his designee.
(4) In any case in which there are amendments in disagreement, time
on each amendment shall be limited to 30 minutes, to be equally divided
between, and controlled by, the manager of the conference report and
the minority leader or his designee. No amendment that is not germane
to the provisions of such amendments shall be received.
(h) Legislative Day Defined.--For the purposes of this section,
with respect to either House of Congress, a legislative day is a
calendar day on which that House is in session.
(i) Section Enacted as Exercise of Rulemaking Power of the Two
Houses.--The provisions of this section are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and, as such,
shall be considered as part of the rules of either House and
shall supersede other rules only to the extent they are
inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedures of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House. | Emergency Military Supplemental Procedures Act - Provides for the expedited congressional consideration of any defense supplemental appropriations bill to meet critical national security needs for: (1) Department of Defense operation and maintenance, military personnel, ammunition procurement, or procurement to replace a loss or expenditure of material; (2) the Defense Health Program; (3) military construction to repair or replace structures damaged or destroyed by natural disaster; or (4) Coast Guard operating expenses. | {"src": "billsum_train", "title": "To provide for expedited consideration by Congress of supplemental appropriations bills for the Department of Defense and the Coast Guard to meet critical national security needs."} | 2,436 | 90 | 0.666569 | 1.541987 | 0.735581 | 3.586207 | 26.505747 | 0.988506 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Connect America Now Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The deployment and adoption of broadband services and
information technology has resulted in enhanced economic
development and public safety for communities across the
Nation, improved health care and educational opportunities, and
a better quality of life for all Americans.
(2) Continued progress in the deployment and adoption of
broadband services is vital to ensuring that our Nation remains
competitive and continues to create business and job growth.
(3) The Federal Government should also recognize and
encourage complementary State efforts to improve the quality
and usefulness of data about broadband service and its
deployment and should encourage and support the partnership of
the public and private sectors in the continued growth of
broadband services and information technology for the residents
and businesses of the Nation.
SEC. 3. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.
(a) Purposes.--The purposes of any grant under subsection (b) are--
(1) to ensure that all citizens and businesses in a State
have access to affordable, reliable broadband service;
(2) to achieve improved technology literacy, increased
computer ownership, and home broadband use among such citizens
and businesses;
(3) to establish and empower local grassroots technology
teams in each State to plan for improved technology use across
multiple community sectors; and
(4) to establish and sustain an environment ripe for
broadband services and information technology investment.
(b) Establishment of State Broadband Data and Development Grant
Program.--
(1) In general.--The Secretary of Commerce shall award
grants, taking into account the results of the peer review
process under subsection (d), to entities for the development,
implementation and support of statewide initiatives to identify
and track the availability and adoption of broadband services
within each State.
(2) Competitive basis.--Any grant under this subsection
shall be awarded on a competitive basis.
(c) Eligibility.--To be eligible to receive a grant under
subsection (b), an eligible entity shall--
(1) submit an application to the Secretary of Commerce, at
such time, in such manner, and containing such information as
the Secretary may require; and
(2) contribute matching non-Federal funds in an amount
equal to not less than 20 percent of the total amount of the
grant.
(d) Peer Review.--
(1) In general.--The Secretary shall by regulation require
appropriate technical and scientific peer review of
applications made for grants under this section.
(2) Review procedures.--The regulations required under
paragraph (1) shall require that any technical and scientific
peer review group--
(A) be provided a written description of the grant
to be reviewed;
(B) provide the results of any review by such group
to the Secretary of Commerce; and
(C) certify that such group will enter into
voluntary nondisclosure agreements as necessary to
prevent the unauthorized disclosure of confidential and
propriety information provided by broadband service
providers in connection with projects funded by any
such grant.
(e) Use of Funds.--A grant awarded to an eligible entity under
subsection (b) shall be used to the maximum extent possible--
(1) to provide a baseline assessment of broadband service
deployment in each State;
(2) to identify and track--
(A) areas in each State that have low levels of
broadband service deployment;
(B) the rate at which residential and business
adopt broadband service and other related information
technology services; and
(C) possible suppliers of such services;
(3) to identify barriers to the adoption by individuals and
businesses of broadband service and related information
technology services, including whether or not--
(A) the demand for such services is absent; and
(B) the supply for such services is capable of
meeting the demand for such services;
(4) to create and facilitate, in each county or designated
region in a State, a local technology planning team--
(A) with members representing a cross section of
the community, including representatives of business,
telecommunications labor organizations, elementary and
secondary education, health care, libraries, higher
education, community-based organizations, local
government, tourism, parks and recreation, and
agriculture; and
(B) which shall--
(i) measure, against relevant benchmarks,
technology use across relevant community
sectors;
(ii) set goals for improved technology use
within each sector; and
(iii) develop a tactical business plan for
achieving its goals, with specific
recommendations for online application
development and demand creation;
(5) to work collaboratively with broadband service
providers and information technology companies to encourage
deployment and use, especially in unserved and underserved
areas, through the use of local demand aggregation, mapping
analysis, and the creation of market intelligence to improve
the business case for providers to deploy;
(6) to establish programs to improve computer ownership and
Internet access for unserved and underserved populations;
(7) to collect and analyze detailed market data concerning
the use and demand for broadband service and related
information technology services;
(8) to facilitate information exchange regarding the use
and demand for broadband services between public and private
sectors; and
(9) to create within each State a geographic inventory map
of broadband service, which shall--
(A) identify gaps in such service through a method
of geographic information system mapping of service
availability at the census block level; and
(B) provide a baseline assessment of statewide
broadband deployment in terms of households with high-
speed availability.
(f) Participation Limit.--For each State, an eligible entity may
not receive a new grant under this section to fund the activities
described in subsection (d) within such State if such organization
obtained prior grant awards under this section to fund the same
activities in that State in each of the previous 4 consecutive years.
(g) Report.--Each recipient of a grant under subsection (b) shall
submit a report on the use of the funds provided by the grant to the
Secretary of Commerce.
(h) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means a
nonprofit organization or public sector entity that is selected
by a State to work in partnership with State agencies and
private sector partners in identifying and tracking the
availability and adoption of broadband services within each
State.
(2) Nonprofit organization.--The term ``nonprofit
organization'' means an organization--
(A) described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from tax under section
501(a) of such Code;
(B) no part of the net earnings of which inures to
the benefit of any member, founder, contributor, or
individual;
(C) that has an established competency and proven
record of working with public and private sectors to
accomplish widescale deployment and adoption of
broadband services and information technology; and
(D) the board of directors of which is not composed
of a majority of individuals who are also employed by,
or otherwise associated with, any Federal, State, or
local government or any Federal, State, or local
agency.
(3) Broadband service.--The term ``broadband service''
means any service that connects to the public Internet and that
provides a data transmission-rate equivalent to at least 200
kilobits per second, or any successor transmission-rate
established by the Federal Communications Commission, in at
least 1 direction.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $40,000,000 for each of fiscal
years 2008 through 2012.
(j) No Regulatory Authority.--Nothing in this Act shall be
construed as giving any public or private entity established or
affected by this Act any additional regulatory jurisdiction or
oversight authority over providers of broadband services or information
technology. | Connect America Now Act - Provides for grants to develop, implement, and support statewide initiatives to identify and track the availability and adoption of broadband services within each state. | {"src": "billsum_train", "title": "To promote the deployment and adoption of telecommunications services and information technologies, and for other purposes."} | 1,640 | 37 | 0.589697 | 1.387654 | 0.767376 | 4.46875 | 50.8125 | 0.96875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Focus on Family Health Worldwide Act
of 2005''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Since 1965, the people and Government of the United
States have supported international voluntary family planning
programs, increasing the use of modern contraceptives in the
developing world from fewer than 10 percent of couples in 1965
to more than 40 percent of couples today.
(2) United States funding for international family planning
is today providing services to 20 million couples in the
world's poorest countries, contributing to family well-being by
improving maternal health, reducing maternal and infant deaths,
preventing abortions, and improving the lives of millions of
families.
(3) The United States spends on average three cents per
American per week for international family planning programs.
(4) In the developing world, the use of modern
contraceptives reduces unintended pregnancies and the
probability that a woman will have an abortion by 85 percent.
(5) President George W. Bush has stated that one of the
best ways to prevent abortion is by providing quality voluntary
family planning programs.
(6) In developing countries at least 120 million married
couples who would like to postpone their next pregnancy, or
have no more children, do not have access to or are not using
modern contraception.
(7) In sub-Saharan Africa, 46 percent of women who desire
to delay or end childbearing remain without access to voluntary
family planning and at risk of unintended pregnancy.
(8) Each year more than 525,000 women die from causes
related to pregnancy and childbirth with 99 percent of these
deaths occurring in developing countries. An additional eight
million women each year suffer serious health complications
from pregnancy and childbirth.
(9) A lack of birth spacing resulting in birth intervals of
9 to 14 months increases the risk of maternal death by 250
percent.
(10) Birth spacing of at least 36 months is associated with
the lowest mortality risk for infants and children under five
years of age.
(11) Approximately 10.8 million children under the age of
five die each year, more than 30,000 every day, frequently from
low birth-weight or from causes related to complications in the
mother's pregnancy.
(12) Providing access to modern contraception in less
developed countries could prevent 1.4 million infant deaths and
142,000 maternal deaths annually.
(13) Linking family planning programs with HIV/AIDS
prevention, care, and treatment programs helps to meet the
multiple health needs of couples while effectively using scarce
financial and human resources.
(14) For HIV-positive women, family planning is the most
efficacious and cost-effective intervention to prevent
unintended pregnancies, decrease the risk of maternal death,
and avoid the transmission of HIV from mother-to-child,
premature birth, low birth weight, or infant death.
(15) Rapid population growth over-stresses vital resources,
such as water, agricultural land, forests, and wildlife,
contributing to extreme poverty, infectious disease, limited
access to education, environmental destruction, food
insecurity, and resultant malnutrition.
(16) Malnutrition in children is a contributing factor to
more than one-half of all child mortality, and malnutrition in
mothers account for a substantial proportion of neonatal
mortality.
(17) United States-funded family planning programs have
been successfully linked with the conservation of natural
resources to ease growing population pressures, improve food
security, and keep families healthy and communities
economically viable.
(18) Between 2005 and 2050, if family planning needs remain
unmet, the population is expected to grow by more than 300
percent in the developing countries of Afghanistan, Burkina
Faso, Burundi, Chad, the Democratic Republic of the Congo, the
Republic of the Congo, Guinea-Bissau, Liberia, Mali, Niger, the
Democratic Republic of Timor-Leste, and Uganda.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that it should be a United States
policy objective to--
(1) partner with developing countries to expand access to
voluntary family planning programs and the supply of modern
contraceptives in order to--
(A) meet growing demand to allow couples to achieve
their desired family size;
(B) reduce maternal and child mortality;
(C) reduce unintended pregnancies and resulting
abortions;
(D) reduce the incidence of HIV transmission from
mother-to-child and extend the lives of HIV-positive
women thus reducing the number of orphaned children;
(E) conserve vital natural resources, including
water, agricultural land, and forested lands;
(F) improve food security; and
(G) enhance opportunities for lasting social and
economic development; and
(2) strengthen public heath initiatives worldwide by
provide training, research, and services for a wide variety of
modern contraceptives and family planning methods that are
designed and implemented based on--
(A) community participation;
(B) the needs and values of beneficiaries; and
(C) adherence to the principles of voluntary
participation and informed consent.
SEC. 4. ASSISTANCE TO IMPROVE VOLUNTARY FAMILY PLANNING PROGRAMS IN
DEVELOPING COUNTRIES.
(a) Amendments.--Section 104(b) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151b(b)) is amended--
(1) in the first sentence, by striking ``In order to'' and
inserting the following:
``(1) In general.--In order to''; and
(2) by adding at the end the following new paragraph:
``(2) Assistance to improve voluntary family planning
programs.--
``(A) In general.--The President, acting through
the Administrator of the United States Agency for
International Development, is authorized to provide
assistance, on such terms and conditions as the
President may determine, to improve voluntary family
planning programs in developing countries.
``(B) Activities supported.--Assistance provided
under subparagraph (A) shall, to the maximum extent
practicable, be used to--
``(i) improve public knowledge of voluntary
family planning programs, including the
availability of modern contraceptives and the
health, economic, and natural resource benefits
of voluntary family planning for individuals,
families, and communities;
``(ii) support a wide range of public and
private voluntary family planning programs,
including networks for community-based and
subsidized commercial distribution of modern
contraceptives;
``(iii) expand formal and informal training
for health care providers, health educators,
including peer educators and outreach workers,
managers, traditional birth attendants,
counselors, and community-based distribution
agents;
``(iv) provide improved coordination
between voluntary family planning programs and
programs that receive United States Government
assistance for the prevention of HIV/AIDS and
other sexually transmitted infections, the
prevention of mother-to-child HIV transmission,
and the testing, treatment, and care of persons
infected with HIV/AIDS and affected by HIV/AIDS
to strengthen activities under such programs
and enhance the cost-effectiveness of such
programs; and
``(v) strengthen supply chain logistics for
the procurement and reliable distribution of
safe and effective modern contraceptives,
including coordination with the supply chain
for HIV/AIDS prevention, care, and treatment,
to allow for maximum efficiency and cost-
savings.
``(C) Priority.--In providing assistance under this
paragraph, priority shall be given to developing
countries with acute family planning and maternal
health needs based on criteria such as--
``(i) the level of unmet need for voluntary
family planning and modern contraceptives;
``(ii) fertility rates;
``(iii) high-risk birth rates;
``(iv) the number of births unattended by
skilled attendants;
``(v) maternal mortality rates;
``(vi) rates of mortality for infants and
children under the age of five;
``(vii) abortion rates;
``(viii) the level of HIV/AIDS in women of
reproductive age; and
``(ix) additional criteria or country
conditions, such as conflict, humanitarian
crisis, large populations of refugees or
internally displaced persons, or areas in which
population growth threatens food security,
vital natural resources, biodiversity, or
endangered species.
``(D) Definitions.--In this paragraph:
``(i) AIDS.--The term `AIDS' has the
meaning given the term in section 104A(g)(1) of
this Act.
``(ii) HIV.--The term `HIV' has the meaning
given the term in section 104A(g)(2) of this
Act.
``(iii) HIV/AIDS.--The term `HIV/AIDS' has
the meaning given the term in section
104A(g)(3) of this Act.''.
(b) Effective Date.--The authority to provide assistance under
section 104(b)(2) of the Foreign Assistance Act of 1961, as added by
subsection (a), applies with respect to fiscal year 2007 and subsequent
fiscal years.
SEC. 5. REPORT.
(a) Report.--Not later than one year after the date of the
enactment of this Act, and biennially thereafter, the President, acting
through the Administrator of the United States Agency for International
Development, shall transmit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report on the implementation of section 104(b)(2) of
the Foreign Assistance Act of 1961 (as added by section 4(a)).
(b) Contents.--The report shall include--
(1) a description of efforts to implement the policies set
forth in section 104(b)(2) of the Foreign Assistance Act of
1961;
(2) a description of the programs established pursuant to
such section; and
(3) a detailed assessment of the impact of programs
established pursuant to such section, including--
(A) an estimate of annual expenditures on modern
contraceptive commodities and activities in support of
voluntary family planning programs on a country-by-
country basis, to be based on information supplied by
national governments, donor agencies, and private
sector entities, to the maximum extent practicable;
(B) an assessment by country of the current unmet
need for, availability, and use of modern
contraception;
(C) an assessment of prior year and proposed
allocations of modern contraceptives in voluntary
family planning assistance by country, which describes
how each country's allocation meets the country's
needs; and
(D) a description of the quality of funded
voluntary family planning programs, as measured by
survey data or best available estimates, including--
(i) types of modern contraceptive methods
offered to significant subgroups (defined by
age, gender, income, and health profile, among
others) on a reliable basis;
(ii) information provided to beneficiaries
to enable decision making regarding benefits,
risks, and efficacy of modern contraceptives;
(iii) mechanisms to encourage
sustainability of voluntary family planning
programs; and
(iv) voluntary family planning programs
that are effective in responding to individual
health needs of beneficiaries.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the President to carry
out section 104(b)(2) of the Foreign Assistance Act of 1961, as added
by section 4(a) of this Act--
(1) $600,000,000 for fiscal year 2007;
(2) $700,000,000 for fiscal year 2008;
(3) $800,000,000 for fiscal year 2009;
(4) $900,000,000 for fiscal year 2010; and
(5) $1,000,000,000 for fiscal year 2011. | Focus on Family Health Worldwide Act of 2005 - Amends the Foreign Assistance Act of 1961 to authorize the President, through the United States Agency for International Development (USAID), to provide assistance for voluntary family planning programs in developing countries, including activities to: (1) improve public knowledge of voluntary family planning programs; (2) support public and private voluntary family planning programs, including networks for community-based and subsidized commercial distribution of contraceptives; (3) expand training for health care providers and educators; (4) provide improved coordination between voluntary family planning programs and programs that receive U.S. assistance for the prevention of HIV/AIDS and other sexually transmitted infections; and (5) strengthen supply chain logistics for the procurement and distribution of safe contraceptives, including coordination with the supply chain for HIV/AIDS prevention, care, and treatment. Gives priority to developing countries with acute family planning and maternal health needs.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to improve voluntary family planning programs in developing countries, and for other purposes."} | 2,489 | 190 | 0.562618 | 1.444819 | 0.713468 | 4.3 | 13.344444 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Sunset and Review Act of
1995''.
SEC. 2. PURPOSES.
The purposes of this Act are the following:
(1) To require agencies to regularly review their
regulations and make recommendations to terminate, continue in
effect, modify, or consolidate those regulations.
(2) To require agencies to submit those recommendations to
the Administrator of the Office of Information and Regulatory
Affairs and to the Congress.
(3) To provide for the automatic termination of regulations
that are not continued in effect after such review.
(4) To designate a Regulatory Review Officer within each
agency, who is responsible for the implementation of this Act
by the agency.
SEC. 3. REVIEW AND TERMINATION OF REGULATIONS.
(a) In General.--Except as provided in subsection (c), the
effectiveness of a regulation issued by an agency shall terminate on
the applicable termination date under subsection (b), and the
regulation shall have no force or effect after that termination date,
unless the head of the agency--
(1) reviews the regulation in accordance with section 4;
(2) after the review, and at least 120 days before that
termination date, submits in accordance with section 5(a) a
preliminary report on the findings and proposed recommendations
of that review in accordance with section 5(a)(2);
(3) reviews and considers comments regarding the
preliminary report that are transmitted to the agency by the
Administrator and appropriate committees of the Congress during
the 60-day period beginning on the date of submission of the
preliminary report; and
(4) after the 60-day period beginning on the date of
submission of the preliminary report to the Congress, but not
later than 60 days before that termination date, submits to the
President, the Administrator, and the Congress, and publishes
in the Federal Register--
(A) a final report on the review under section 4 in
accordance with section 5(a)(3), and
(B) a notice extending the effectiveness of the
regulation, with or without modifications, as of the
end of the 60-day period beginning on the date of that
publication.
(b) Termination Dates.--For purposes of subsection (a), the
termination date of a regulation is as follows:
(1) Existing regulations.--For a regulation in effect on
the date of the enactment of the Act, the termination date is
the last day of the 7-year period beginning on the date of the
enactment of this Act.
(2) New regulations.--For a regulation that first takes
effect after the date of the enactment of this Act, the
termination date is the last day of the 5-year period beginning
on the date the regulation takes effect.
(3) Regulations continued in effect.--For a regulation the
effectiveness of which is extended under subsection (a), the
termination date is the last day of the 7-year period beginning
on the date of publication of a notice under subsection (a)(4)
for that extension.
(c) Temporary Extension.--The termination date under subsection (b)
for a regulation may be delayed by not more than 6 months by the head
of the agency that issued the regulation if the agency head submits to
the Congress and publishes in the Federal Register a preliminary report
that describes modifications that should be made to the regulation.
(d) Relationship to Other Law.--Section 553 of title 5, United
States Code, shall not apply to the extension or modification of a
regulation in accordance with this Act.
SEC. 4. REVIEW OF REGULATIONS BY AGENCY.
(a) In General.--The head of each agency shall, under the criteria
set forth in subsection (b)--
(1) conduct thorough and systematic reviews of all
regulations issued by the agency to determine if those
regulations are obsolete, inconsistent, or duplicative or
impede competition; and
(2) issue reports on the findings of those reviews, which
contain recommendations for--
(A) terminating or extending the effectiveness of
those regulations;
(B) any appropriate modifications to a regulation
recommended to be extended; or
(C) any appropriate consolidations of regulations.
(b) Criteria for Review.--The head of an agency shall review, make
recommendations, and terminate or extend the effectiveness of a
regulation under this section under the following criteria:
(1) The extent to which the regulation is outdated,
obsolete, or unnecessary.
(2) The extent to which the regulation or information
required to comply with the regulation duplicates, conflicts
with, or overlaps requirements under regulations of other
agencies.
(3) The extent to which the regulation impedes competition.
(4) Whether the benefits to society from the regulation
exceed the costs to society from the regulation.
(5) Whether the regulation is based on adequate and correct
information.
(6) Whether the regulation is worded as simply and clearly
as possible.
(7) Whether the most cost-efficient alternative was chosen
in the regulation to achieve the objective of the regulation.
(8) The extent to which information requirements under the
regulation can be reduced, particularly for small businesses.
(9) Whether the regulation is fashioned to maximize net
benefits to society.
(10) Whether the regulation is clear and certain regarding
who is required to comply with the regulation.
(11) Whether the regulation maximizes the utility of market
mechanisms to the extent feasible.
(12) Whether the condition of the economy and of regulated
industries is considered.
(13) Whether the regulation imposes on the private sector
the minimum economic burdens necessary to achieve the purposes
of the regulation.
(14) Whether the total effect of the regulation across
agencies has been examined.
(15) Whether the regulation is crafted to minimize needless
litigation.
(16) Whether the regulation is necessary to protect the
health and safety of the public.
(17) Whether the regulation has resulted in unintended
consequences.
(18) Whether performance standards or other alternatives
were utilized to provide adequate flexibility to the regulated
industries.
(c) Requirement to Solicit Comments From the Public and Private
Sector.--In reviewing regulations under this section, the head of an
agency shall publish in the Federal Register a solicitation of comments
from the public (including the private sector) regarding the
application of the criteria set forth in subsection (b) to the
regulation, and shall consider such comments, before making
determinations under this section and sending a report under section
5(a) regarding a regulation.
SEC. 5. AGENCY REPORTS.
(a) Preliminary and Final Reports on Reviews of Regulations.--
(1) In general.--The head of an agency shall submit to the
President, the Administrator, and the Congress and publish in
the Federal Register a preliminary report and a final report
for each review of a regulation under section 4.
(2) Preliminary report.--A preliminary report shall
contain--
(A) specific findings of the agency regarding--
(i) application of the criteria set forth
in section 4(b) to the regulation;
(ii) the need for the function of the
regulation; and
(iii) whether the regulation duplicates
functions of another regulation; and
(B) proposed recommendations on whether--
(i) the effectiveness of the regulation
should terminate or be extended;
(ii) the regulation should be modified; and
(iii) the regulation should be consolidated
with another regulation.
(3) Final report.--A final report on the findings and
recommendations of the agency head regarding extension of the
effectiveness of the regulation and any appropriate
modifications to the regulation shall include--
(A) a full justification of the decision to extend
and, if applicable, modify the regulation; and
(B) the basis for all determinations made with
respect to that extension or modification under the
criteria set forth in section 4(b).
(b) Report on Schedule for Reviewing Existing Regulations.--Not
later than 100 days after the date of the enactment of this Act, and on
or before March 1, annually thereafter, the head of each agency shall
submit to the Administrator and the Congress and publish in the Federal
Register a report stating a schedule for the review of regulations in
accordance with this Act. The schedule shall identify the review
actions intended to be conducted during the calendar year in which such
report is submitted.
SEC. 6. FUNCTIONS OF ADMINISTRATOR.
(a) In General.--The Administrator shall--
(1) review and evaluate each report submitted by the head
of an agency under section 5(a), regarding--
(A) the quality of the analysis in the reports;
(B) whether the agency has properly applied the
criteria set forth in section 4(b); and
(C) the consistency of the agency action with
actions of other agencies; and
(2) transmit to the head of the agency the recommendations
of the Administrator regarding the report.
(b) Guidance.--The Administrator shall provide guidance to agencies
on the conduct of reviews and the preparation of reports under this
Act.
SEC. 7. DESIGNATION OF AGENCY REGULATORY REVIEW OFFICERS.
(a) In General.--The head of each agency shall designate an officer
of the agency as the Regulatory Review Officer of the agency.
(b) Functions.--The Regulatory Review Officer of an agency shall--
(1) be responsible for the implementation of this Act by
the agency; and
(2) report directly to the head of the agency with respect
to that responsibility.
SEC. 8. JUDICIAL REVIEW.
(a) Limitation of Action.--Notwithstanding any other provision of
law, an action seeking judicial review of an agency action under this
Act extending, terminating, modifying, or consolidating a regulation
shall not be brought after the 30-day period beginning on the date of
the publication of a notice under section 3(a)(4) for that action.
(b) Scope of Review.--Agency compliance or noncompliance with the
provisions of this Act shall be subject to judicial review only
pursuant to section 706(1) of title 5, United States Code.
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Office.
(2) Agency.--The term ``agency'' has the meaning given that
term in section 551(1) of title 5, United States Code.
(3) Appropriate committee of the congress.--The term
``appropriate committee of the Congress'' means with respect to
a regulation each standing committee of the Congress having
authority under the rules of the House of Representatives or
the Senate to report a bill to enact or amend the provision of
law under which the regulation is issued.
(4) Office.--The term ``Office'' means the Office of
Information and Regulatory Affairs in the Office of Management
and Budget.
(5) Regulation.--The term ``regulation'' means the whole or
a part of an agency statement of general or particular
applicability and future effect designed to implement,
interpret, or prescribe law or policy, other than such a
statement to carry out a routine administrative function of an
agency. | Regulatory Sunset and Review Act of 1995 - Provides that the effectiveness of a regulation issued by a Federal agency shall terminate on the applicable termination date (specified in this Act) unless the head of the agency: (1) reviews the regulation; (2) submits a preliminary report on findings and proposed recommendations; (3) reviews and considers comments regarding the preliminary report that are transmitted to the agency by the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget and by appropriate congressional committees; and (4) submits to the President, the Administrator, and the Congress and publishes a final report on the review and a notice extending the effectiveness of the regulation, with or without modifications, within a specified time frame.
Sets forth termination dates of regulations (seven years after this Act's enactment for existing regulations, three years after the regulation takes effect for new regulations, and seven years after publication of a notice for an extension for a regulation that is extended under this Act). Provides for temporary extensions.
Requires the head of each agency to: (1) conduct thorough and systematic reviews of all regulations issued by the agency to determine if those regulations are obsolete, inconsistent, or duplicative or impede competition; (2) issue reports on the findings of those reviews, with recommendations for terminating, extending, modifying, or consolidating regulations; and (3) solicit comments from the public (including the private sector) before making determinations and sending a report regarding a regulation.
Sets forth provisions regarding: (1) criteria for review; (2) preliminary and final reports on reviews of regulations; (3) reports on the schedule for reviewing existing regulations; (4) functions of the Administrator; (5) designation of agency Regulatory Review Officers; and (6) judicial review. | {"src": "billsum_train", "title": "Regulatory Sunset and Review Act of 1995"} | 2,375 | 376 | 0.735773 | 2.228957 | 0.803162 | 4.445682 | 6.356546 | 0.935933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Fraud Detection and
Disclosure Act of 1995''.
SEC. 2. FINANCIAL FRAUD DETECTION AND DISCLOSURE.
(a) Amendments to the Securities Exchange Act of 1934.--The
Securities Exchange Act of 1934 is amended by inserting after section
13 (15 U.S.C. 78m) the following new section:
``SEC. 13A. FRAUD DETECTION AND DISCLOSURE.
``(a) Audit Requirements.--Each audit required pursuant to this
title of an issuer's financial statements by an independent public
accountant shall include, in accordance with generally accepted
auditing standards, as may be modified or supplemented from time to
time by the Commission, the following:
``(1) procedures designed to provide reasonable assurance
of detecting illegal acts that would have a direct and material
effect on the determination of financial statement amounts;
``(2) procedures designed to identify related party
transactions which are material to the financial statements or
otherwise require disclosure therein; and
``(3) an evaluation of whether there is substantial doubt
about the issuer's ability to continue as a going concern over
the ensuing fiscal year.
``(b) Required Response to Audit Discoveries.--
``(1) Investigation and report to management.--If, in the
course of conducting any audit pursuant to this title to which
subsection (a) applies, the independent public accountant
detects or otherwise becomes aware of information indicating
that an illegal act (whether or not perceived to have a
material effect on the issuer's financial statements) has or
may have occurred, the accountant shall, in accordance with
generally accepted auditing standards, as may be modified or
supplemented from time to time by the Commission--
``(A)(i) determine whether it is likely that an
illegal act has occurred, and (ii) if so, determine and
consider the possible effect of the illegal act on the
financial statements of the issuer, including any
contingent monetary effects, such as fines, penalties,
and damages; and
``(B) as soon as practicable inform the appropriate
level of the issuer's management and assure that the
issuer's audit committee, or the issuer's board of
directors in the absence of such a committee, is
adequately informed with respect to illegal acts that
have been detected or otherwise come to the attention
of such accountant in the course of the audit, unless
the illegal act is clearly inconsequential.
``(2) Response to failure to take remedial action.--If,
having first assured itself that the audit committee of the
board of directors of the issuer or the board (in the absence of an
audit committee) is adequately informed with respect to illegal acts
that have been detected or otherwise come to the accountant's attention
in the course of such accountant's audit, the independent public
accountant concludes that--
``(A) any such illegal act has a material effect on
the financial statements of the issuer,
``(B) senior management has not taken, and the
board of directors has not caused senior management to
take, timely and appropriate remedial actions with
respect to such illegal act, and
``(C) the failure to take remedial action is
reasonably expected to warrant departure from a
standard auditor's report, when made, or warrant
resignation from the audit engagement,
the independent public accountant shall, as soon as
practicable, directly report its conclusions to the board of
directors.
``(3) Notice to commission; response to failure to
notify.--An issuer whose board of directors has received a
report pursuant to paragraph (2) shall inform the Commission by
notice within one business day of receipt of such report and
shall furnish the independent public accountant making such
report with a copy of the notice furnished the Commission. If
the independent public accountant making such report shall fail
to receive a copy of such notice within the required one-
business-day period, the independent public accountant shall--
``(A) resign from the engagement; or
``(B) furnish to the Commission a copy of its
report (or the documentation of any oral report given)
within the next business day following such failure to
receive notice.
``(4) Report after resignation.--An independent public
accountant electing resignation shall, within the one business
day following a failure by an issuer to notify the Commission
under paragraph (3), furnish to the Commission a copy of the
accountant's report (or the documentation of any oral report
given).
``(c) Auditor Liability Limitation.--No independent public
accountant shall be liable in a private action for any finding,
conclusion, or statement expressed in a report made pursuant to
paragraph (3) or (4) of subsection (b), including any rules promulgated
pursuant thereto.
``(d) Civil Penalties in Cease-and-Desist Proceedings.--If the
Commission finds, after notice and opportunity for hearing in a
proceeding instituted pursuant to section 21C of this title, that an
independent public accountant has willfully violated paragraph (3) or
(4) of subsection (b) of this section, then the Commission may, in
addition to entering an order under section 21C, impose a civil penalty
against the independent public accountant and any other person that the
Commission finds was a cause of such violation. The determination
whether to impose a civil penalty, and the amount of any such penalty,
shall be governed by the standards set forth in section 21B of this
title.
``(e) Preservation of Existing Authority.--Except for subsection
(d), nothing in this section limits or otherwise affects the authority
of the Commission under this title.
``(f) Definitions.--As used in this section, the term `illegal act'
means any action or omission to act that violates any law, or any rule
or regulation having the force of law.''.
(b) Effective Dates.--As to any registrant that is required to file
selected quarterly financial data pursuant to item 302(a) of Regulation
S-K (17 CFR 229.302(a)) of the Securities and Exchange Commission, the
amendments made by subsection (a) of this section shall apply to any
annual report for any period beginning on or after January 1, 1996. As
to any other registrant, such amendment shall apply for any period
beginning on or after January 1, 1997. | Financial Fraud Detection and Disclosure Act of 1995 - Amends the Securities Exchange Act of 1934 to include specified fraud detection and disclosure procedures within the requirements for audits of public companies by an independent public accountant.
Authorizes the Securities and Exchange Commission to impose civil penalties on an independent public accountant for willful violations of certain reporting requirements. | {"src": "billsum_train", "title": "Financial Fraud Detection and Disclosure Act of 1995"} | 1,404 | 74 | 0.514074 | 1.149366 | 0.94143 | 2.467742 | 21.177419 | 0.822581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Restoration Act of
2005''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Coal mining has been an important part of the
industrial heritage of the United States for over 150 years. As
coal is removed from underground mines, a large amount of other
materials accompanies the coal to the surface. This substance,
known as gob, contains a mixture of clay, rocks, soil,
minerals, and other raw materials. The gob piles contain
millions of cubic feet of material known to contribute to acid
mine drainage.
(2) The mountains of gob contain large amounts of potential
energy that can be recycled to create new sources of power. The
technology to use the gob pile materials as an efficient
alternative energy source has been developed over the past 15
years. However, the incentive to invest in the technology has
not been pursued due to the high capitalization and operating
costs.
(3) Circulating Fluidized Bed (CFB) combustion is a clean
coal technology that produces low emissions of sulfur dioxides,
nitrogen oxides, particulate matter, and mercury. CFB
represents the best available control technology to burn waste
coal and recover the energy stored therein. By using waste coal
as the fuel source, the existing waste coal sites can be
reclaimed, the mine drainage associated with these sites
ameliorated, and the alkaline coal combustion byproducts
beneficially used in reclaiming the mine lands.
(4) Developing alternate energy sources reduces energy
costs, reduces dependencies on foreign oil, and improves the
competitiveness of American industry. Increasing energy
demands, and over reliance on limited sources of energy, will
result in higher prices for homeowners and industry. Higher
production costs hurt American jobs, overburdens industry, and
stifles economic growth. The development of alternate energy
sources will result in lower prices, a cleaner environment, new
manufacturing, and more jobs.
(b) Purpose.--The purpose of this Act is to encourage and create
incentives for alternate fuel sources to meet the increasing demands of
homeowners and industries while helping to keep the environment clean
by utilizing waste coal efficiently.
SEC. 3. ENERGY PRODUCED FROM WASTE COAL.
(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 inserting after section 45I the following new
section:
``SEC. 45J. ENERGY PRODUCED FROM WASTE COAL.
``(a) General Rule.--For purposes of section 38, the waste coal
energy production credit for any taxable year is an amount equal to
$0.75 per million Btu of heat input utilized by the taxpayer to produce
energy in an eligible facility from qualified waste coal during the
taxable year.
``(b) Credit Reduced for Grants.--The amount of the credit
determined under subsection (a) with respect to any project for any
taxable year shall be reduced by the amount which is the product of the
amount so determined for such year and a fraction--
``(1) the numerator of which is the sum, for the taxable
year and all prior taxable years, of--
``(A) grants provided by the United States, a
State, or a political subdivision of a State for use in
connection with the project, and
``(B) the amount of any other credit allowable with
respect to any property which is part of the project,
and
``(2) the denominator of which is the aggregate amount of
additions to the capital account for the project for the
taxable year and all prior taxable years.
The amounts under the preceding sentence for any taxable year shall be
determined as of the close of the taxable year.
``(c) Qualified Waste Coal.--
``(1) In general.--For purposes of this section, the term
`qualified waste coal' means coal certified by the Secretary to
be waste (as defined in paragraphs (1) through (6) of section
292.202(b) of title 18, Code of Federal Regulations (as in
effect on the date of the enactment of this section)).
``(2) Certification process.--For purposes of paragraph
(1), coal may not be certified as qualified waste coal unless
application therefor is submitted--
``(A) with respect to a facility placed in service
prior to, or within 12 months after, the date of
enactment of this section, not later than 6 months
after the date of such enactment, and
``(B) with respect to a facility placed in service
at least 12 months after the date of the enactment of
this section, at least 6 months prior to the
anticipated commercial operation date of such facility.
``(d) Eligible Facility.--For purposes of this section--
``(1) In general.--The term `eligible facility' means a
facility--
``(A) whose heat input is not less than 75 percent
from qualified waste coal,
``(B) which, as of the date on which the Secretary
determines by private letter ruling that the taxpayer
is eligible for the allowance of the credit under this
section, has under its control, by ownership, lease, or
contract--
``(i) with respect to a facility placed in
service after the date of the enactment of this
section, not less than a 15-year supply of
qualified waste coal, or
``(ii) with respect to a facility placed in
service prior to the date of the enactment of
this section, not less than a 10-year supply of
qualified waste coal, and
``(C) which--
``(i) is placed in service prior to, or
within 12 months after, the date of the
enactment of this section, or
``(ii) is placed in service not more than
48 months after the month in which the taxpayer
receives the private letter ruling referred to
in subparagraph (B).
``(2) Private letter ruling.--For purposes of paragraph
(1)(B), a private letter ruling shall not be taken into account
unless the request for such ruling is submitted to the
Secretary within 30 days after the date on which the supply of
coal that the taxpayer has under its control is certified as
qualified waste coal under subsection (c).
``(e) Other Definition and Applicable Rules.--For purposes of this
section--
``(1) Heat content.--Heat content shall be determined on an
`as received' basis.
``(2) Applicable rules.--Rules similar to the rules of
section 45(e) (other than paragraph (2)) shall apply.
``(3) Force majeure.--Performance time requirements
specified in this section may be suspended by the Secretary for
reasons beyond the control of the taxpayer when the Secretary
is so requested to extend deadlines by the taxpayer as long as
the taxpayer makes such request within 72 hours of determining
such event has occurred. Such events include acts of God and
third party actions causing delay.
``(f) Termination of Credit.--
``(1) In general.--No amount shall be allowed as a credit
under subsection (a) with respect to an eligible facility for
taxable years beginning after the expiration of the period
determined under paragraph (1).
``(2) Period of applicability.--The period determined under
this paragraph is--
``(A) with respect to a facility placed in service
not later than 5 years after the date of the enactment
of this section, the 10-year period beginning on the
date on which such facility receives certification that
it is an eligible facility (as defined in subsection
(d)), and
``(B) with respect to a facility placed in service
more than 5 years after the date of enactment of this
section, the period beginning on the date on which such
facility receives certification that it is an eligible
facility (as defined in subsection (d)) and ending on
the date that is 15 years after the date of the
enactment of this section.
``(g) Special Annual Application.--Notwithstanding any other
provision of this title, no amount shall be allowed as a credit for a
taxable year under subsection (a) until after the taxpayer submits an
application for such credit to the Secretary.
``(h) Credit May Be Transferred.--Nothing in any law or rule of law
shall be construed to limit the transferability of the credit allowed
by this section through sale or repurchase agreements.''.
(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 (18), by striking
the period at the end of paragraph (19) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(20) the waste coal energy production credit determined
under section 45J.''.
(c) Denial of Double Benefit.--Section 280C of such Code (relating
to certain expenses for which credits are allowable) is amended by
adding at the end the following new subsection:
``(e) Waste Coal Energy Production Credit.--No deduction shall be
allowed for that portion of expenses incurred by the taxpayer to
purchase qualified waste coal (excluding costs of transportation,
handling, and preparation that may be included in the purchase price)
otherwise allowable as a deduction for the taxable year which is equal
to the amount of the credit determined for such taxable year under
section 45J.''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45I the following new
item:
``45J. Energy produced from waste coal.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2005.
SEC. 4. TREATMENT OF WASTE COAL PROCESSING FACILITY AS EXEMPT FACILITY
BOND.
(a) In General.--Paragraph (6) of section 142(a) (relating to
definition of exempt facility bond) is amended by striking
``facilities,'' and inserting ``facilities, including waste coal
processing facilities,''.
(b) Effective Date.--The amendments made by this section shall
apply to bonds issued after December 31, 2005. | Environmental Restoration Act of 2005 - Amends the Internal Revenue Code to allow: (1) a transferable business tax credit for waste coal energy production; and (2) the issuance of tax-exempt facility bonds for waste coal processing facilities. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for a transferable credit against the income tax for producing energy from waste coal."} | 2,338 | 50 | 0.473728 | 1.231031 | 0.167357 | 2.23913 | 46.804348 | 0.847826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Court Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Drug courts.--The term ``drug courts'' means a Federal
district court of general jurisdiction in a high drug crime
district, as defined by the Department of Justice, that will--
(A) expedite the criminal justice process for
eligible offenders until such time as they are declared
ineligible or selected for inclusion in a drug court
program; and
(B) maintain jurisdiction over the offenders' cases
before, during, and after participation in the program.
(2) Drug court program.--The term ``drug court program''
means a program for substance abuse treatment and
rehabilitation for eligible offenders that--
(A) requires a successful plea agreement
immediately following conviction or in lieu of
incarceration; and
(B) is operated by a drug court in a State criminal
justice system that has agreed to accept, for a fee per
offender, all offenders selected for inclusion in such
a program by a Federal drug court.
(3) Eligible offender.--The term ``eligible offender''
means a person who meets the requirements established in
section 4 of this Act.
(4) Office.--The term ``Office'' means the Office of
Justice Programs of the Department of Justice.
SEC. 3. AUTHORIZATION OF DRUG COURTS.
(a) Establishment of Drug Courts.--10 Federal district courts in
the United States, as selected by the Office, are authorized to
establish drug courts under this Act.
(b) Drug Court Responsibilities.--Each Federal drug court shall
enter into an agreement with a State drug court program that will allow
all eligible offenders to participate in the drug court program of that
State, in exchange for the payment of a fee equal to the amount of the
cost of the program for that offender. Each such agreement shall be
subject to the approval of the Office.
(c) Oversight.--Except as specified in this Act, rules governing
drug courts will be promulgated separately by each participating
Federal district court, with the advice of the Office, and subject to
Department of Justice approval.
SEC. 4. ELIGIBLE OFFENDERS.
(a) In General.--An ``eligible offender'' means a person who, by
virtue of a Federal crime committed and other factors that the drug
court may consider, may be considered for inclusion in the drug court
program.
(b) Program Participants.--Drug court program eligibility under
this Act shall not be available to any offender who--
(1) is accused of violent criminal offenses;
(2) is not accused of drug, drug-related, or drug-motivated
offenses;
(3) has previously been convicted of a Federal or State
violent felony offense; or
(4) for any other reason within the discretion of the
court, does not meet all requirements of the applicable drug
court.
(b) Additional Eligibility Requirements.--In addition to the
criteria in subsection (a), no offender will be considered eligible for
participation in a drug court program unless, following a reasonable
investigation conducted according to standards set by the court, and
one or more hearings before the court, consensus agreement is achieved
among the prosecutor, the defense counsel, and the presiding judge,
that the offender is a person who--
(1) currently suffers from a drug dependency;
(2) would benefit from the drug court program; and
(3) is appropriate for inclusion in the drug court program.
(c) Ineligible Offender Handling.--If at any point before admission
into the drug court program, an offender is found ineligible for
participation in a drug court program under this Act, the case of that
offender shall be processed by the Federal district court under the
applicable rules of procedure and sentencing.
(d) Requirements for Drug Program Participants.--Each eligible
offender shall understand, sign, and acknowledge understanding of drug
court documents, including--
(1) a waiver of the right of the offender to a speedy
trial;
(2) a written plea agreement that sets forth the offense
charged, the sanction to be imposed in the event of a breach of
the agreement, and the penalty to be imposed, if any, in the
event of a successful completion of the drug court program,
except that incarceration may not be imposed upon successful
completion of the program;
(3) a written treatment plan that is subject to
modification at any time during the drug court program;
(4) a written performance contract requiring the offender
to enter the drug court program as directed by the court and
participate until completion, withdrawal, or removal by the
court; and
(5) a limited applicability waiver of confidentiality for
information relating to the treatment program of the offender,
and progress in that program, limited only to agencies and
parties participating in the drug court program, and agencies and
parties participating in oversight of the case of the offender by the
drug court.
SEC. 5. DRUG COURT OPERATIONS.
(a) Identification of Drug Program Participants.--The Office of the
United States Attorney office in a Federal drug court, through the
Office, shall establish procedures for the identification of eligible
offenders not later than 30 days after the date of arrest of the
alleged offender.
(b) Participant Fitness Examination.--A United States Attorney,
defense counsel, and a treatment professional affiliated with the drug
court program in which the offender would be placed, shall separately
conduct investigations regarding the eligibility of an offender for
inclusion in the drug court program. Upon a finding by any of the
examining parties that the offender is ineligible to participate in the
drug court program, the alleged offender shall be subject to
prosecution under the applicable rules of procedure and sentencing.
(c) Hearing.--Upon agreement of the prosecutor, defense counsel,
and treatment professional that an offender is eligible for the drug
court program, the prosecutor, defense counsel, treatment professional,
and offender shall appear for a hearing before a drug court judge, who
shall receive testimony from each of the examining parties.
(d) Judicial Discretion.--Upon a finding by the judge that the
offender is eligible for inclusion in the drug court program, the judge
shall obtain from the offender all appropriate drug court documents,
and the offender shall immediately be removed to the custody of the
drug treatment program. Should the offender not agree to any of the
conditions of participation in the drug court program, the offender
shall be subject to prosecution under the applicable rules of procedure
and sentencing.
(e) Drug Court Responsibilities.--The drug court shall--
(1) assign to the drug court program responsibility over
all treatment, supervision, education, job skills training, and
other ancillary services incidental to the program;
(2) hold regular hearings, attended by the judge,
prosecutor, defense counsel, and treatment professional to
assess the progress of the offender within the drug court
program; and
(3) assess any and all disciplinary sanctions, penalties,
and fines resulting from a violation by the offender of the
drug court program plea agreement.
(f) Disciplinary Sanctions.--The drug court shall establish methods
for measuring application of disciplinary sanctions, which may
include--
(1) short term confinement;
(2) reintroducing the offender into the drug court program
after a disciplinary action for a minor violation of the
treatment plan; and
(3) removal from the drug court program and reinstatement
of the criminal case.
(g) Drug Court Records.--All drug courts shall maintain records
regarding rates of recidivism, relapses, restarts, sanctions imposed,
and incentives given. All such data shall be collected and reported
annually by the Office.
(h) Administrative Fees.--For each offender admitted to the drug
court program, the drug court shall pay to the drug court program an
amount agreed upon at the outset of the relationship between the drug
court and drug court program. This amount shall represent payment for
the cost of treatment, supervision, rehabilitation, education, job
skills training, and other ancillary services that the program of the
offender shall require.
SEC. 6. DRUG COURT PROGRAM PARTICIPANT SUPPORT.
(a) In General.--Each drug court program shall provide all
participating offenders with a personalized program, including elements
of treatment, supervision, rehabilitation, education, and job skills
training, and other ancillary services that the program of the offender
shall require.
(b) Participant Development.--Each drug court program shall ensure,
at a minimum--
(1) strong linkage between all agencies participating in
the drug court program, and the drug court judge, prosecutor,
and defense counsel responsible for oversight of the case;
(2) access for all participating agencies to information on
the progress of the offender within the program,
notwithstanding normally confidential treatment and counseling
information;
(3) vigilant supervision and monitoring procedures;
(4) random substance abuse testing not less frequently than
weekly;
(5) provisions for noncompliance, modification of the
treatment plan, and revocation proceedings;
(6) availability of residential treatment facilities and
outpatient services; and
(7) methods for measuring performance-based effectiveness
of the services of individual treatment providers.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
Subject to an appropriations Act, there is authorized to be
appropriated for each of fiscal years 2000 through 2004, the following
amounts:
(1) $15,000,000, to the Office, to carry out a pilot
program to establish a Federal drug court in each of 10 cities
in the United States that are statistically considered high
drug crime areas.
(2) $5,000,000 to the Department of Justice, for additional
prosecutorial resources, including personnel, dedicated to drug
enforcement in each of the 10 cities in which a Federal drug
court is established under this Act. | Excludes as an "eligible offender" a person who: (1) is accused of violent criminal offenses; (2) is not accused of drug, drug-related, or drug-motivated offenses; (3) has previously been convicted of a Federal or State violent felony offense; or (4) for any other reason within the court's discretion does not meet all requirements of the applicable drug court.
Sets forth provisions regarding offender eligibility requirements, the handling of ineligible offenders, requirements for drug program participants, identification of drug program participants, participant fitness examination, eligibility hearings, judicial discretion regarding eligibility, drug court responsibilities, disciplinary sanctions, drug court records, and administrative fees.
Requires that each program provide all participating offenders with a personalized program, including required elements of treatment, supervision, rehabilitation, education, and job skills training. | {"src": "billsum_train", "title": "Drug Court Act of 2000"} | 2,169 | 185 | 0.557784 | 1.51887 | 0.530633 | 6.412121 | 12.193939 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Early Learning and Opportunity State
Grants Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The first 3 years of life are a critical period of
brain development, intellectual growth, and emotional, social,
affective, and moral development, that help determine the
health and productivity of a child in later life.
(2) Scientific research shows that how individuals function
from preschool through adolescence and adulthood hinges to a
significant extent on the experiences children have in their
first 3 years of life.
(3) One in 3 victims of physical abuse is a baby less than
1 year of age.
(4) In 1993 the National Educational Goals Panel reported
that nearly half of infants in the United States do not have
what they need to grow and thrive.
(5) High-quality care from a parent or other adult is
necessary to facilitate growth and development.
(6) More than 50 percent of mothers with children less than
1 year of age are working outside the home.
(7) Five million children under age 3 are in the care of
other adults while their parents work outside the home.
(8) Parents of very young children have few child care
service options. Many cannot afford to stay home with their
children, or to pay for safe, high-quality developmental child
care services.
(9) Statewide and multistate studies have found that less
than 20 percent of child care services for very young children
is of good quality; nearly 50 percent is of such substandard
quality that it adversely affects such children's development
and may put their health and safety at risk.
(10) In 1998 the average child care worker earned $14,820,
making it difficult to recruit and retain qualified caregivers
for infants and toddlers.
(11) Families with children less than 3 years of age are
the single largest group living in poverty. Twenty-five percent
of such children, 3,000,000 children, are living below the
poverty line, are at greater risk for malnutrition, poor
health, and maltreatment, and are less likely to receive the
care they need from parents or other child care service
providers to grow and develop normally.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to improve the quality, and to increase the
availability, of child care services for children less than 3
years of age,
(2) to improve the affordability of child care services
available to such children,
(3) to improve the quality, and to increase the
availability, of services to assist families to nurture such
children, and
(4) to improve the coordination and effectiveness of
existing programs that provide such services to such children
and their families.
SEC. 4. GRANTS FOR SERVICES.
(a) Authority To Make Grants.--The Secretary of Health and Human
Services may make grants, on a competitive basis, to eligible States to
improve the quality, and to increase the availability, of child care
services for very young children and of support services for the
families of such children.
(b) Priority.--For the purpose of making grants under subsection
(a), the Secretary shall give priority to eligible States to the extent
that such State, as demonstrated in the application for a grant under
such subsection--
(1) will minimize the administrative costs to be incurred
to carry out the plan contained in such application,
(2) has coordinated the activities described in the plan
contained in such application, with providers of child care
services for children between 3 and 6 years of age, and with
providers of family support services for families of such
children, located in the State,
(3) has taken substantial legislative or executive action
to reduce the duplication of, and barriers to providing, such
services, and
(4) during the fiscal year for which such grant is
received, will reimburse such providers for such services at
rates that reflect--
(A) the higher costs incurred by such providers who
are accredited by national association that provides
accreditation for providers of the respective types of
such services and that is recognized by the Secretary,
and
(B) the higher costs incurred by such providers to
provide child care services to children who are very
young children.
SEC. 5. ELIGIBILITY FOR GRANTS.
To be eligible to receive a grant under section 4, a State shall
submit to the Secretary an application that satisfies the following
requirements:
(1) Such application is prepared by the State after
consultation with providers of child care services for very
young children, and with providers of family support services
for families of such children, located in the State.
(2) Such application contains a plan that describes how the
State will expend such grant to do 1 or more of the following:
(A) To improve quality of child care services.
(B) To improve licensing standards applicable to
providers of child care services for very young
children in the State by specifying matters that apply
to providing child care services, such as child-to-
staff ratios, group size, staff preparation and
qualifications, ongoing staff training, health and
safety, and linkages to parents and community services.
(C) To improve enforcement of licensing standards
applicable to providers of child care services for care
for very young children in the State.
(D) To improve compensation for caregivers of such
child care services.
(E) To support ongoing and more advanced training
for such caregivers (including training to provide
child care services for children with special needs)
and to create incentives for individuals to obtain, and
child care centers to employ individuals who have
obtained, more advanced training in providing child
care services.
(F) To improve accessibility to and quality of
child care services for very young children, including
improving the quality of, and expanding the
availability of, resource and referral services and
transportation services for families with very young
children.
(G) To expand the supply and quality of infant
care, including creating and supporting family child
care networks, recruiting family child care providers,
and expanding slots for infants and toddlers in other
child care settings.
(H) To support child care networks that can provide
on-going support for child care providers of infants
and toddlers.
(I) To provide resource and referral services to
enable child care providers to hire infant and toddler
specialists.
(J) To improve affordability of child care services
for very young children.
(K) To improve and expand support services to
families with very young children.
(L) To improve coordination of existing Federal and
State programs that provide support services for
families with very young children.
(3) Such application shall contain assurances that--
(i) not more than 70 percent of the cost of
carrying out the plan contained in such application
will be paid with such grant together with any other
available Federal funds,
(ii) such grant will be used to supplement, not
supplant, non-Federal funds otherwise available to
provide child care services for very young children and
support services for the families of such children,
(iii) the State will expend in cash or in kind,
from State resources (including private contributions
and excluding resources available to local governmental
entities) an amount not less than 30 percent of the
amount of such grant, and
(iv) such grant will be administered by the lead
agency that is designated by the State under section
658D of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858b).
(4) Such application shall contain such other information
and assurances as the Secretary may require by rule.
SEC. 6. MODEL TRAINING PROGRAM FOR EMPLOYEES OF CHILD CARE PROVIDERS.
The Secretary shall--
(1) by adapting the requirements in effect under section
1792(a) of title 10, United States Code, develop a voluntary
model training program applicable to individuals who are
employed as caregivers for infants and toddlers by providers of
child care services,
(2) make available to providers of child care services and
Head Start agencies the model training code developed under
paragraph (1), and
(3) provide to such agencies and such providers technical
assistance to implement such program.
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) Caregiver.--The term ``caregiver'' means an individual
who provides a service directly to a child on a person-to-
person basis.
(2) Family support services.--The term ``family support
services'' means community-based activities designed to promote
parental competencies and behaviors that will increase the
ability of families to successfully nurture their children.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(4) Very young children.--The term ``very young children''
means children who are less than 3 years of age.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$500,000,000 for fiscal year 2001, $750,000,000 for fiscal year 2002,
$1,000,000,000 for each of the fiscal years 2003, 2004, and 2005. | Directs the Secretary to: (1) develop a voluntary model training program for employees of child care providers; (2) make available to Head Start agencies and child care providers the code developed for such model training program; and (3) provide technical assistance to such agencies and providers to implement it.
Authorizes appropriations. | {"src": "billsum_train", "title": "Early Learning and Opportunity State Grants Act of 2000"} | 1,873 | 63 | 0.438905 | 1.180704 | 0.029487 | 3.539683 | 30.539683 | 0.968254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Price Transparency
Promotion Act of 2016''.
SEC. 2. INCREASING THE TRANSPARENCY OF INFORMATION ON HOSPITAL CHARGES
AND MAKING AVAILABLE INFORMATION ON ESTIMATED OUT-OF-
POCKET COSTS FOR HEALTH CARE SERVICES.
(a) In General.--Title XIX of the Social Security Act is amended--
(1) in section 1902(a) (42 U.S.C. 1396a(a)), by inserting
after paragraph (77) the following new paragraph:
``(78) provide that the State will establish and maintain
laws, in accordance with the requirements of section 1921A, to
require disclosure of information on hospital charges, to make
such information available to the public, and to provide
individuals with information about estimated out-of-pocket
costs for health care services;''; and
(2) by inserting after section 1921 (42 U.S.C. 1396r-2) the
following new section:
``increasing the transparency of information on hospital charges and
providing consumers with estimates of out-of-pocket costs for health
care services
``Sec. 1921A. (a) In General.--The requirements referred to in
section 1902(a)(78) are that the laws of a State must--
``(1) in accordance with subsection (b)--
``(A) require the disclosure of information on
hospital charges; and
``(B) provide for access to such information; and
``(2) in accordance with subsection (c), require the
provision of a statement of the estimated out-of-pocket costs
of an individual for anticipated future health care services.
``(b) Information on Hospital Charges.--The laws of a State must--
``(1) require disclosure, by each hospital located in the
State, of information on the charges for certain inpatient and
outpatient hospital services (as determined by the State)
provided at the hospital; and
``(2) provide for timely access to such information by
individuals seeking or requiring such services.
``(c) Estimated Out-of-Pocket Costs.--The laws of a State must
require that, upon the request of any individual with health insurance
coverage sponsored by a health insurance issuer, the issuer must
provide a statement of the estimated out-of-pocket costs that are
likely to be incurred by the individual if the individual receives
particular health care items and services within a specified period of
time.
``(d) Rules of Construction.--Nothing in this section shall be
construed as--
``(1) authorizing or requiring the Secretary to establish
uniform standards for the State laws required by subsections
(b) and (c);
``(2) requiring any State with a law enacted on or before
the date of the enactment of this section that--
``(A) meets the requirements of subsection (b) or
subsection (c) to modify or amend such law; or
``(B) meets some but not all of the requirements of
subsection (b) or subsection (c) to modify or amend
such law except to the extent necessary to address the
unmet requirements;
``(3) precluding any State in which a program of voluntary
disclosure of information on hospital charges is in effect from
adopting a law codifying such program (other than its voluntary
nature) to satisfy the requirement of subsection (b)(1); or
``(4) guaranteeing that the out-of-pocket costs of an
individual will not exceed the estimate of such costs provided
pursuant to subsection (c).
``(e) Definitions.--For purposes of this section:
``(1) The term `health insurance coverage' has the meaning
given such term in section 2791(b)(1) of the Public Health
Service Act.
``(2) The term `health insurance issuer' has the meaning
given such term in section 2791(b)(2) of the Public Health
Service Act, except that such term also includes--
``(A) a Medicaid managed care organization (as
defined in section 1903(m)); and
``(B) a Medicare Advantage organization (as defined
in section 1859(a)(1), taking into account the
operation of section 201(b) of the Medicare
Prescription Drug, Improvement, and Modernization Act
of 2003).
Section 1856(b)(3) shall not preclude the application to a
Medicare Advantage organization or a Medicare Advantage plan
offered by such an organization of any State law adopted to
carry out the requirements of subsection (b) or (c).
``(3) The term `hospital' means an institution that meets
the requirements of paragraphs (1) and (7) of section 1861(e)
and includes those to which section 1820(c) applies.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect on October
1, 2017.
(2) Exception.--In the case of a State plan for medical
assistance under title XIX of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirements
imposed by the amendment made by subsection (a), the State plan
shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of
the previous sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature.
SEC. 3. RESEARCH ON INFORMATION VALUED BY CONSUMERS ON CHARGES AND OUT-
OF-POCKET COSTS FOR HEALTH CARE SERVICES.
(a) Research on Information Valued and Used by Consumers.--The
Director of the Agency for Healthcare Research and Quality (in this
section referred to as ``AHRQ'') shall conduct or support research,
pursuant to section 901(b)(1)(D) of the Public Health Service Act (42
U.S.C. 299(b)(1)(D)), on--
(1) the types of information on the charges, and out-of-
pocket costs, for health care services that individuals find
useful in making decisions about where, when, and from whom to
receive care;
(2) how the types of information valued by individuals for
making such decisions vary by whether they have health benefits
coverage and, if they do, the type of such coverage they have,
such as traditional insurance, health maintenance
organizations, preferred provider organizations, and high
deductible plans coupled with health savings accounts; and
(3) ways in which such information may be made available on
a timely basis and in easy-to-understand form to individuals
facing such decisions.
(b) Report.--The Director of AHRQ shall report to the Congress on
the results of such research not later than 18 months after the date of
the enactment of this Act, together with recommendations for ways in
which the Federal Government can assist the States in achieving the
objective specified in subsection (a)(3).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Health Care Price Transparency Promotion Act of 2016 This bill amends title XIX (Medicaid) of the Social Security Act to require state Medicaid plans to provide that the state will establish and maintain laws to: (1) require disclosure of information on hospital charges, (2) make such information available to the public, and (3) provide individuals with information about estimated out-of-pocket costs for health care services. | {"src": "billsum_train", "title": "Health Care Price Transparency Promotion Act of 2016"} | 1,666 | 105 | 0.594732 | 1.523427 | 1.190053 | 4.973684 | 19.921053 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Trade and Security Act of
2001''.
SEC. 2. EXPORT CONTROLS ON SATELLITES AND RELATED ITEMS.
Notwithstanding any other provision of law, all satellites and
related items that were on the Commerce Control List of dual-use items
in the Export Administration Regulations (15 C.F.R. part 730 et seq.)
on October 16, 1998, and any other dual-use communications satellites
and related items shall, subject to sections 3, 4, and 5, be controlled
under the Export Administration Act of 1979 (in effect or as continued
in effect under the International Emergency Economic Powers Act) or by
the Secretary of Commerce under any successor Act to the Export
Administration Act of 1979.
SEC. 3. EXPORT LICENSE PROCEDURES.
(a) Referral to Other Departments and Agencies.--The Secretary of
Commerce (in this Act referred to as the ``Secretary'') shall refer to
the Secretary of Defense, the Secretary of State, and the heads of
other departments and agencies that the Secretary considers
appropriate, all applications for licenses to export satellites and
related items.
(b) Required Consultations With Intelligence Community.--The
Secretary, the Secretary of Defense and the Secretary of State, as
appropriate, shall consult with the Director of Central Intelligence
during the review of any application for a license involving the
overseas launch of a commercial satellite of United States origin.
(c) Time Period for Referrals.--Within 30 days after the Secretary
refers an export license application under this section, each
department or agency to which an export license application has been
referred shall provide the Secretary with a recommendation to either
approve or deny the license application. A department or agency that
fails to provide a recommendation within that 30-day period shall be
deemed to have no objection to the decision of the Secretary on the
license application.
(d) Interagency Dispute Resolution Process.--If there is no
agreement among the Secretary, the Secretary of Defense, and the
Secretary of State to issue or deny a license to which this section
applies, then the Secretary shall refer the license application to an
interagency dispute resolution process established by the President.
The dispute resolution process shall be completed within a period of 60
days. A license pursuant to the application shall not be issued or
denied until the Secretary, the Secretary of Defense, and the Secretary
of State agree to issue or deny the license, or until the President
makes a determination to issue or deny the license.
SEC. 4. NATIONAL SECURITY CONTROLS ON SATELLITE EXPORTS TO CERTAIN
DESTINATIONS.
Notwithstanding any other provision of law, the following shall
apply to all licenses to export satellites or related items for launch
in, or by nationals of, any country that is not a member of the North
Atlantic Treaty Organization or a major non-NATO ally of the United
States:
(1) Mandatory technology control plans.--All export
licenses shall require a technology transfer control plan
approved by the Secretary of Defense and an encryption
technology transfer control plan approved by the Director of
the National Security Agency. The technology transfer control
plan shall be prepared by the Department of Defense and the
licensee, and shall set forth security arrangements for the
launch of the satellite, both before and during launch
operations.
(2) Mandatory monitoring and reimbursement.--
(A) Monitoring of proposed foreign launch of
satellites.--In any case in which a license is approved
for the export of a satellite or related items for
launch in a foreign country, the Secretary of Defense
shall monitor all aspects of the launch in order to
ensure that no unauthorized transfer of technology
occurs, including technical assistance and technical
data. The number of persons providing security for the
launch of the satellite shall be sufficient to maintain
24-hour, 7-day per week security of the satellite or
related items and related launch vehicle and other
sensitive technology.
(B) Contents of monitoring.--The monitoring under
subparagraph (A) shall cover, but not be limited to--
(i) technical discussions and activities,
including the design, development, operation,
maintenance, modification, and repair of
satellites, satellite components, missiles,
launch facilities, launch vehicles and other
related equipment;
(ii) satellite processing and launch
activities, including launch preparation,
satellite transportation, integration of the
satellite with the launch vehicle, testing and
checkout prior to launch, satellite launch, and
return of equipment to the United States;
(iii) activities related to launch failure,
delay, or cancellation, including post-launch
failure investigations; and
(iv) all other aspects of the launch.
(C) Reimbursement.--The Secretary of Defense shall
require the licensee to agree to reimburse the
Department of Defense for all costs associated with the
provision of security for the launch vehicle or related
items. All reimbursements received under this paragraph
shall be credited to current appropriations available
for the payment of the costs incurred in providing such
services.
(3) Mandatory state department export licenses for post-
crash investigations.--In the event of the failure of a launch
from a foreign country of a satellite of United States origin--
(A) the activities of United States persons or
entities in connection with any subsequent
investigation of the failure are subject to the
controls established under section 38 of the Arms
Export Control Act, including requirements for licenses
issued by the Secretary of State for participation in
that investigation;
(B) officials of the Department of Defense shall
monitor all activities associated with the
investigation to insure against unauthorized transfer
of technical data or services; and
(C) the Secretary of Defense shall establish and
implement a technology transfer control plan for the
conduct of the investigation to prevent the transfer of
information that could be used by the foreign country
to improve its missile or space launch capabilities.
(4) Mandatory notification and certification.--All
technology transfer control plans for satellites or related
items shall require any United States person involved in the
export of a satellite of United States origin or related items
to notify the Department of Defense in advance of all meetings
and interactions with any foreign person or entity providing
launch services and require the United States person to certify
after the launch that it has complied with this notification
requirement.
(5) Mandatory intelligence community review.--The Secretary
of Commerce shall provide to the Director of Central
Intelligence copies of all export license applications and
technical assistance agreements submitted for approval in
connection with launches of satellites in foreign countries to
verify the legitimacy of the stated end-user or end-users.
(6) Mandatory sharing of approved licenses and
agreements.--The Secretary of Commerce shall provide copies of
all approved export licenses and technical assistance
agreements associated with launches of satellites in foreign
countries to the Secretary of State, the Secretary of Defense,
the Secretary of Energy, and the Director of Central
Intelligence.
(7) Mandatory notification to congress on licenses.--Upon
issuing a license for the export of a satellite or related
items for launch in a foreign country, the Secretary of
Commerce shall so notify Congress.
(8) Mandatory reporting on monitoring activities.--The
Secretary of Defense shall provide to Congress an annual report
on the monitoring of all launches in foreign countries of
satellites of United States origin.
(9) Safeguards program.--The Secretary of Defense shall
continue its program to recruit, train and maintain a staff
dedicated to monitoring launches in foreign countries of
satellites and related items of United States origin.
SEC. 5. DEFINITIONS.
In this Act:
(1) Major non-nato ally of the united states.--The term
``major non-NATO ally of the United States'' means a country
designated as a major non-NATO ally for purposes of the Foreign
Assistance Act of 1961.
(2) Related items.--The term ``related items'' means the
satellite fuel, ground support equipment, test equipment,
payload adapter or interface hardware, replacement parts, and
nonembedded solid propellant orbit transfer engines described
in the report submitted to Congress by the Department of State
on February 6, 1998, pursuant to section 38(f) of the Arms
Export Control Act (22 U.S.C. 2778(f)).
(3) United states person.--The term ``United States
person'' means any United States resident or national (other
than an individual resident outside the United States and
employed by other than a United States person), any domestic
concern (including any permanent domestic establishment of any
foreign concern), and any foreign subsidiary or affiliate
(including any permanent foreign establishment) of any domestic
concern which is controlled in fact by such domestic concern,
as determined under regulations of the President.
SEC. 6. CONFORMING AMENDMENTS.
(a) 1999 NDAA.--(1) Section 1513(a) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (22 U.S.C. 2778 note) is
repealed.
(2) Section 1513(c) of that Act is amended by striking ``(1)
Subsection (a)'' and all that follows through ``(2)''.
(3) Section 1514 of that Act, and the item relating to that section
in the table of contents of that Act, are repealed.
(b) 2000 NDAA.--(1) Section 1404 of the National Defense
Authorization Act for Fiscal Year 2000 (22 U.S.C. 2778 note) is
amended--
(A) in the matter preceding paragraph (1), by striking
``1514 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (22 U.S.C. 2778 note)'' and inserting ``4
of the Satellite Trade and Security Act of 2001''; and
(B) in paragraph (1), by striking ``1514(a)(1) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (22 U.S.C. 2778 note)'' and inserting ``section 4(1) of
the Satellite Trade and Security Act of 2001''.
(2) Section 1409 of that Act (22 U.S.C. 2278 note) is amended--
(A) in subsection (a)(7), in the matter preceding
subparagraph (A), by striking ``1514(a)(2)(A) of the Strom
Thurmond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105-261; 112 Stat. 2175; 22 U.S.C. 2778
note)'' and inserting ``4(2)(C) of the Satellite Trade and
Security Act of 2001''; and
(B) in subsection (b)(1), by striking ``1514(a)(8) of the
Strom Thurmond National Defense Authorization Act for Fiscal
Year 1999'' and inserting ``4(8) of the Satellite Trade and
Security Act of 2001''.
(3) Section 1410 of that Act, and the item relating to that section
in the table of contents of that Act, are repealed.
(4) Section 1411 of that Act is amended--
(A) by striking subsection (a); and
(B) by redesignating subsections (b) and (c) as subsections
(a) and (b), respectively.
(5) Section 1412(d) of that Act is amended by striking ``Secretary
of State'' and inserting ``Secretary of Commerce''.
(c) Additional Conforming Amendments.--(1) Section 1309 of the
Admiral James W. Nance and Meg Donovan Foreign Relations Authorization
Act, Fiscal Years 2000 and 2001 (as enacted by Public Law 106-113; 113
Stat. 1501A-460) is amended--
(A) by amending the section heading to read as follows:
``SEC. 1309. OFFICE OF DEFENSE TRADE CONTROLS.'';
(B) by striking subsections (a) and (c); and
(C) in subsection (b), by striking ``(b) Financial and
Personnel Resources.--''.
(2) The table of contents of that Act is amended by striking the
item relating to section 1309 and inserting the following:
``Sec. 1309. Office of Defense Trade Controls.''.
SEC. 7. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act, and shall apply
to any export license application made under the Arms Export Control
Act before such date of enactment which is pending on such date, and to
any export license application made on or after such date.
(b) Transfer of Pending Applications.--Any export license
application made under the Arms Export Control Act before the date of
the enactment of this Act, to which section 2 of this Act applies and
which is pending on such date of enactment, shall be transferred to the
Department of Commerce upon the enactment of this Act. | Satellite Trade and Security Act of 2001 - Requires all satellites and related items that were on the Commerce Control List of dual-use items (which can be used for civilian or military purposes) in certain Export Administration Regulations on October 16, 1998, and any other dual-use communications satellites and related items, to be controlled under the Export Administration Act of 1979 (in effect or as continued in effect under the International Emergency Economic Powers Act) or by the Secretary of Commerce under any successor Act to the Export Administration Act of 1979 (effectively giving the Secretary of Commerce (currently, the Secretary of State) jurisdiction over the export of commercial satellites and related items).Sets forth certain license procedure requirements with respect to the export of commercial satellites and related items to foreign countries.Imposes certain national security controls and requirements on the export of commercial satellites or related items for launch in, or by nationals of, any foreign country that is not a member of the North Atlantic Treaty Organization (NATO) or a major non-NATO ally of the United States.Amends specified Federal laws to make conforming amendments with respect to this Act. | {"src": "billsum_train", "title": "To provide that the Secretary of Commerce has jurisdiction over exports of commercial satellites and related items, to provide certain procedures for exports of commercial satellites and related items, and for other purpose."} | 2,819 | 247 | 0.660906 | 2.052388 | 0.756862 | 6.263889 | 11.949074 | 0.912037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Endangered Species
Conservation Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) numerous species of fauna and flora in foreign
countries have continued to decline to the point that the long-
term survival of those species in the wild is in serious
jeopardy;
(2) many of those species are listed as endangered species
or threatened species under section 4 of the Endangered Species
Act of 1973 (16 U.S.C. 1533) or in Appendix I, II, or III of
the Convention on International Trade in Endangered Species of
Wild Fauna and Flora;
(3) there are insufficient resources available for
addressing the threats facing those species, which will require
the joint commitment and effort of foreign countries within the
range of those species, the United States and other countries,
and the private sector;
(4) the grant programs established by Congress for tigers,
rhinoceroses, Asian elephants, and African elephants have
proven to be extremely successful programs that provide Federal
funds for conservation projects in an efficient and expeditious
manner and that encourage additional support for conservation
in the foreign countries where those species exist in the wild;
and
(5) a new grant program modeled on the existing programs
for tigers, rhinoceroses, and elephants would provide an
effective means to assist in the conservation of foreign
endangered species for which there are no existing grant
programs.
(b) Purpose.--The purpose of this Act is to conserve endangered and
threatened species of fauna and flora in foreign countries, and the
ecosystems on which the species depend, by supporting the conservation
programs for those species of foreign countries and the CITES
Secretariat, promoting partnerships between the public and private
sectors, and providing financial resources for those programs and
partnerships.
SEC. 3. DEFINITIONS.
In this Act:
(1) Account.--The term ``Account'' means the Foreign
Endangered and Threatened Species Conservation Account
established by section 6.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Agency for International Development.
(3) CITES.--The term ``CITES'' means the Convention on
International Trade in Endangered Species of Wild Fauna and
Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS
8249), including its appendices and amendments.
(4) Conservation.--The term ``conservation'' means the use
of methods and procedures necessary to bring a species to the
point at which there are sufficient populations in the wild to
ensure the long-term viability of the species, including--
(A) protection and management of populations of
foreign endangered or threatened species;
(B) maintenance, management, protection,
restoration, and acquisition of habitat;
(C) research and monitoring;
(D) law enforcement;
(E) conflict resolution initiatives; and
(F) community outreach and education.
(5) Foreign endangered or threatened species.--The term
``foreign endangered or threatened species'' means a species of
fauna or flora--
(A) that is listed as an endangered or threatened
species under section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) or that is listed in Appendix
I, II, or III of CITES; and
(B) whose range is partially or wholly located in a
foreign country.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior or the Secretary of Commerce, as program
responsibilities are vested under Reorganization Plan No. 4 of
1970 (5 U.S.C. App.).
SEC. 4. FOREIGN SPECIES CONSERVATION ASSISTANCE.
(a) In General.--Subject to the availability of funds, the
Secretary shall use amounts in the Account to provide financial
assistance for projects for the conservation of foreign endangered or
threatened species in foreign countries 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 foreign endangered or threatened species may be
submitted to the Secretary by--
(A) any agency of a foreign country that has within
its boundaries any part of the range of the foreign
endangered or threatened species if the agency has
authority over fauna or flora and the activities of the
agency directly or indirectly affect the species;
(B) the CITES Secretariat; or
(C) any person with demonstrated expertise in the
conservation of the foreign endangered or threatened
species.
(2) Required information.--A project proposal shall
include--
(A) the name of the individual responsible for
conducting the project, and a description of the
qualifications of each individual who will conduct the
project;
(B) the name of the foreign endangered or
threatened species to benefit from the project;
(C) a succinct statement of the purposes of the
project and the methodology for implementing the
project, including an assessment of the status of the
species and how the project will benefit the species;
(D) an estimate of the funds and time required to
complete the project;
(E) evidence of support for the project by
appropriate governmental agencies of the foreign
countries in which the project will be conducted, if
the Secretary determines that such support is required
for the success of the project;
(F) information regarding the source and amount of
non-Federal funds available for the project; and
(G) any other information that the Secretary
considers to be necessary for evaluating the
eligibility of the project for funding under this Act.
(c) Proposal Review and Approval.--
(1) Request for additional information.--If, after
receiving a project proposal, the Secretary determines that the
project proposal is not complete, the Secretary may request
further information from the person or entity that submitted
the proposal before complying with the other provisions of this
subsection.
(2) Request for comments.--The Secretary shall request
written comments, and provide an opportunity of not less than
30 days for comments, on the proposal from the appropriate
governmental agencies of each foreign country in which the
project is to be conducted.
(3) Submission to administrator.--The Secretary shall
provide to the Administrator a copy of the proposal and a copy
of any comments received under paragraph (2). The Administrator
may provide comments to the Secretary within 30 days after
receipt of the copy of the proposal and any comments.
(4) Decision by the secretary.--After taking into
consideration any comments received in a timely manner from the
governmental agencies under paragraph (2) and the Administrator
under paragraph (3), the Secretary may approve the proposal if
the Secretary determines that the project promotes the
conservation of foreign endangered or threatened species in
foreign countries.
(5) Notification.--Not later than 180 days after receiving
a completed project proposal, the Secretary shall provide
written notification of the Secretary's approval or disapproval
under paragraph (4) to the person or entity that submitted the
proposal and the Administrator.
(d) Priority Guidance.--In funding approved project proposals, the
Secretary shall give priority to the following types of projects:
(1) Projects that will enhance programs for the
conservation of foreign endangered and threatened species that
are most imperiled.
(2) Projects that will provide the greatest conservation
benefit for a foreign endangered or threatened species.
(3) Projects that receive the greatest level of assistance,
in cash or in-kind, from non-Federal sources.
(4) Projects that will enhance local capacity for the
conservation of foreign endangered and threatened species.
(e) Project Reporting.--Each person or entity that receives
assistance under this section for a project shall submit to the
Secretary and the Administrator periodic reports (at such intervals as
the Secretary considers necessary) that include all information
required by the Secretary, after consultation with the Administrator,
for evaluating the progress and success of the project.
(f) Guidelines.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, after providing public notice and
opportunity for comment, the Secretary of the Interior and the
Secretary of Commerce shall each develop guidelines to carry
out this section.
(2) Priorities and criteria.--The guidelines shall
specify--
(A) how the priorities for funding approved
projects are to be determined; and
(B) criteria for determining which species are most
imperiled and which projects provide the greatest
conservation benefit.
SEC. 5. MULTILATERAL COLLABORATION.
The Secretary, in collaboration with the Secretary of State and the
Administrator, shall--
(1) coordinate efforts to conserve foreign endangered and
threatened species with the relevant agencies of foreign
countries; and
(2) subject to the availability of appropriations, provide
technical assistance to those agencies to further the agencies'
conservation efforts.
SEC. 6. FOREIGN ENDANGERED AND THREATENED SPECIES CONSERVATION ACCOUNT.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund of the Treasury a separate account to be
known as the ``Foreign Endangered and Threatened Species Conservation
Account'', consisting of--
(1) amounts donated to the Account;
(2) amounts appropriated to the Account under section 7;
and
(3) any interest earned on investment of amounts in the
Account under subsection (c).
(b) Expenditures From Account.--
(1) In general.--Subject to paragraph (2), the Secretary
may expend from the Account, without further Act of
appropriation, such amounts as are necessary to carry out
section 4.
(2) Administrative expenses.--An amount not to exceed 6
percent of the amounts in the Account--
(A) shall be available for each fiscal year to pay
the administrative expenses necessary to carry out this
Act; and
(B) shall be divided between the Secretary of the
Interior and the Secretary of Commerce in the same
proportion as the amounts made available under section
7 are divided between the Secretaries.
(c) Investment of Amounts.--The Secretary shall invest such portion
of the Account as is not required to meet current withdrawals.
Investments may be made only in interest-bearing obligations of the
United States.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to carry out this Act. Amounts received by the Secretary
in the form of donations shall be available until expended, without
further Act of appropriation.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Account for each of
fiscal years 2001 through 2005--
(1) $12,000,000 for use by the Secretary of the Interior;
and
(2) $4,000,000 for use by the Secretary of Commerce. | Foreign Endangered Species Conservation Act of 1999 - Directs the Secretary of the Interior to use amounts in the Foreign Endangered and Threatened Species Conservation Account (established by this Act) to provide financial assistance for projects for the conservation of foreign endangered or threatened species in foreign countries. Prescribes project requirements.
Directs the Secretary to: (1) coordinate efforts to conserve foreign endangered and threatened species with the relevant agencies of foreign countries; and (2) provide such agencies with technical assistance to further their conservation efforts.
Establishes the Foreign Endangered and Threatened Species Conservation Account within the Multinational Species Conservation Fund of the Treasury.
Authorizes appropriations. | {"src": "billsum_train", "title": "Foreign Endangered Species Conservation Act of 1999"} | 2,341 | 143 | 0.596406 | 1.387466 | 0.705245 | 4.628099 | 18.090909 | 0.942149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Christopher Reeve Paralysis Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--PARALYSIS RESEARCH
Sec. 101. Expansion and coordination of activities of National
Institutes of Health with respect to
research on paralysis.
TITLE II-- PARALYSIS REHABILITATION RESEARCH AND CARE
Sec. 201. Expansion and coordination of activities of National
Institutes of Health with respect to
research with implications for enhancing
daily function for persons with paralysis.
TITLE III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND
OTHER PHYSICAL DISABILITIES
Sec. 301. Programs to improve quality of life for persons with
paralysis and other physical disabilities.
TITLE IV--COORDINATION OF PARALYSIS RESEARCH AND PROGRAMS
Sec. 401. Coordination.
TITLE I--PARALYSIS RESEARCH
SEC. 101. EXPANSION AND COORDINATION OF ACTIVITIES OF THE NATIONAL
INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH ON
PARALYSIS.
(a) In General.--
(1) Enhanced coordination of activities.--The Director of
the National Institutes of Health (in this section referred to
as the ``Director'') may expand and coordinate the activities
of such Institutes with respect to research on paralysis.
(2) Administration of program; collaboration among
agencies.--The Director shall carry out this section acting
through the Director of the National Institute of Neurological
Disorders and Stroke (in this section referred to as the
``Institute'') and in collaboration with any other agencies
that the Director determines appropriate.
(b) Coordination.--
(1) In general.--The Director may develop mechanisms to
coordinate the paralysis research and rehabilitation activities
of the agencies of the National Institutes of Health in order
to further advance such activities and avoid duplication of
activities.
(2) Report.--Not later than December 1, 2003, the Director
shall prepare a report to Congress that provides a description
of the paralysis activities of the Institute and strategies for
future activities.
(c) Christopher Reeve Paralysis Research Consortia.--
(1) In general.--The Director may under subsection (a)(1)
make awards of grants to public or nonprofit private entities
to pay all or part of the cost of planning, establishing,
improving, and providing basic operating support for consortia
in paralysis research. The Director shall designate each
consortium funded under grants as a Christopher Reeve Paralysis
Research Consortium.
(2) Research.--Each consortium under paragraph (1)--
(A) may conduct basic and clinical paralysis
research;
(B) may focus on advancing treatments and
developing therapies in paralysis research;
(C) may focus on one or more forms of paralysis
that result from central nervous system trauma or
stroke;
(D) may facilitate and enhance the dissemination of
clinical and scientific findings; and
(E ) may replicate the findings of consortia
members for scientific and translational purposes.
(3) Coordination of consortia; reports.--The Director may,
as appropriate, provide for the coordination of information
among consortia under paragraph (1) and ensure regular
communication between members of the consortia, and may require
the periodic preparation of reports on the activities of the
consortia and the submission of the reports to the Director.
(4) Organization of consortia.--Each consortium under
paragraph (1) may use the facilities of a single lead
institution, or be formed from several cooperating
institutions, meeting such requirements as may be prescribed by
the Director.
(d) Public Input.--The Director may under subsection (a)(1) provide
for a mechanism to educate and disseminate information on the existing
and planned programs and research activities of the National Institutes
of Health with respect to paralysis and through which the Director can
receive comments from the public regarding such programs and
activities.
(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2003 through 2006.
Amounts appropriated under this subsection are in addition to any other
amounts appropriated for such purpose.
TITLE II-- PARALYSIS REHABILITATION RESEARCH AND CARE
SEC. 201. EXPANSION AND COORDINATION OF ACTIVITIES OF NATIONAL
INSTITUTES OF HEALTH WITH RESPECT TO RESEARCH WITH
IMPLICATIONS FOR ENHANCING DAILY FUNCTION FOR PERSONS
WITH PARALYSIS.
(a) In General.--
(1) Expansion of activities.--The Director of the National
Institutes of Health (in this section referred to as the
``Director'') may expand and coordinate the activities of such
Institutes with respect to research with implications for
enhancing daily function for people with paralysis .
(2) Administration of program; collaboration among
agencies.--The Director shall carry out this section acting
through the Director of the National Institute on Child Health
and Human Development and the National Center for Medical
Rehabilitation Research and in collaboration with the National
Institute on Neurological Disorders and Stroke, the Centers for
Disease Control and Prevention, and any other agencies that the
Director determines appropriate.
(b) Paralysis Clinical Trials Networks.--
(1) In general.--The Director may make awards of grants to
public or nonprofit private entities to pay all or part of the
costs of planning, establishing, improving, and providing basic
operating support to multicenter networks of clinical sites
that will collaborate to design clinical rehabilitation
intervention protocols and measures of outcomes on one or more
forms of paralysis that result from central nervous system
trauma, disorders, or stroke, or any combination of such
conditions.
(2) Research.--Each multicenter clinical trial network
may--
(A) focus on areas of key scientific concern,
including--
(i) improving functional mobility;
(ii) promoting behavioral adaptation to
functional losses, especially to prevent
secondary complications;
(iii) assessing the efficacy and outcomes
of medical rehabilitation therapies and
practices and assistive technologies;
(iv) developing improved assistive
technology to improve function and
independence; and
(v) understanding whole body system
responses to physical impairments,
disabilities, and societal and functional
limitations; and
(B) replicate the findings of network members for
scientific and translation purposes.
(3) Coordination of clinical trials networks.--The Director
may, as appropriate, provide for the coordination of
information among networks and ensure regular communication
between members of the networks and may require the periodic
preparation of reports on the activities of the networks and
submission of reports to the Director.
(c) Report.--Not later than December 1, 2003, the Director shall
submit to the Congress a report that provides a description of research
activities with implications for enhancing daily function for persons
with paralysis.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2003 through 2006.
Amounts appropriated under this subsection are in addition to any other
amounts appropriated for such purpose.
TITLE III--IMPROVING QUALITY OF LIFE FOR PERSONS WITH PARALYSIS AND
OTHER PHYSICAL DISABILITIES
SEC. 301. PROGRAMS TO IMPROVE QUALITY OF LIFE FOR PERSONS WITH
PARALYSIS AND OTHER PHYSICAL DISABILITIES.
(a) In General.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary''), acting through the Director
of the Centers for Disease Control and Prevention, may study the unique
health challenges associated with paralysis and other physical
disabilities and carry out projects and interventions to improve the
quality of life and long-term health status of persons with paralysis
and other physical disabilities. The Secretary may carry out such
projects directly and through awards of grants or contracts.
(b) Certain Activities.--Activities under subsection (a) include--
(1) the development of a national paralysis and physical
disability quality of life action plan, to promote full
participation, independent living, self-sufficiency and
equality of opportunity in partnership with voluntary health
agencies focused on paralysis and other physical disabilities,
to be carried out in coordination with the State-based
Comprehensive Paralysis and Other Physical Disability Quality
of Life Program of the Centers for Disease Control and
Prevention;
(2) support for programs to disseminate information
involving care and rehabilitation options and quality of life
grant programs supportive of community based programs and
support systems for persons with paralysis and other physical
disabilities;
(3) in collaboration with other centers and national
voluntary health agencies, establish a hospital-based paralysis
registry and conduct relevant population-based research; and
(4) the development of a Comprehensive Paralysis and Other
Physical Disability Quality of Life Program to develop State-
based, unique and innovative programs, services and
demonstrations designed to support and advance quality of life
programs for persons living with paralysis and other physical
disabilities focusing on--
(A) caregiver education;
(B) physical activity;
(C) prevention of secondary complications;
(D) home and community-based interventions;
(E) education and awareness programs for health
care providers;
(F) coordinating services and removing barriers
that prevent full participation and integration into
the community; and
(G) recognizing the unique needs of underserved
populations.
(c) Grants.--The Secretary may award grants to nonprofit private
health and disability organizations for the purpose of--
(1) coordinating existing services with State-based
paralysis and physical disability programs;
(2) disseminating information to the public;
(3) improving access to services for persons living with
paralysis and other physical disabilities and their caregivers;
and
(4) testing model intervention programs to improve health
and quality of life.
(d) Coordination of Activities.--The Secretary shall assure that
activities under this section are coordinated as appropriate with other
agencies of the Public Health Service.
(e) Report to Congress.-- Not later than December 1, 2003, the
Secretary shall submit to the Congress a report describing the results
of the evaluation under subsection (a), and as applicable, the
strategies developed under such subsection.
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2003 through 2006.
TITLE IV--COORDINATION OF PARALYSIS RESEARCH AND PROGRAMS
SEC. 401. COORDINATION.
(a) Establishment of Working Group.--The Secretary may convene a
working group for the purpose of coordinating paralysis research,
public health, and rehabilitation training at the Federal level.
(b) Composition.--The working group may include representatives
of--
(1) the National Institutes of Health;
(2) the Centers for Disease Control and Prevention;
(3) the Health Resources and Services Administration;
(4) the Agency for Healthcare Research and Quality;
(5) the Centers for Medicare & Medicaid Services;
(6) the Department of Veterans Affairs;
(7) the Department of Education;
(8) the Rehabilitation Services Administration;
(9) the National Aeronautics and Space Administration;
(10) the National Institute on Standards and Technology
(Department of Commerce);
(11) the Department of Defense;
(12) the Department of Labor;
(13) the National Institute on Disability and
Rehabilitation Research;
(14) the Social Security Administration; and
(15) private entities determined appropriate by the
Secretary.
(c) Dissemination.--The working group may annually prepare and
submit to the Secretary a report concerning the status of successful
and emerging opportunities in Federal paralysis research, education and
training, quality of life, or surveillance efforts.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2003 through 2006. | Christopher Reeve Paralysis Act - Permits the Director of the National Institutes of Health (the "Director" of NIH), acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and coordinate the activities of NIH with respect to research on paralysis. Allows the Director to award grants to public or nonprofit entities to fund Christopher Reeve Paralysis Research Consortia for paralysis research. Permits the Director to solicit public input regarding paralysis research programs.Allows the Director, acting through the Director of the National Institute on Child Health and Human Development and the National Center for Rehabilitation Research and in collaboration with other agencies, to expand and coordinate the activities of NIH with respect to research with implications for enhancing daily function for persons with paralysis. Permits the Director to make grants to multicenter networks of clinical sites that will collaborate on rehabilitation intervention protocols.Permits the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, to study the unique health challenges associated with paralysis and other physical disabilities to improve the quality of life and long-term health status of individuals with such conditions. Allows the Secretary to undertake direct research and to make grants. Provides for the formation of a national paralysis and physical disability quality of life plan, a hospital-based paralysis registry, and a Comprehensive Paralysis and Other Physical Disability Quality of Life Program.Allows the Secretary to convene a working group for coordinating paralysis research, public health, and rehabilitation training at the Federal level. | {"src": "billsum_train", "title": "To enhance and further research into paralysis and to improve rehabilitation and the quality of life for persons living with paralysis and other physical disabilities, and for other purposes."} | 2,664 | 341 | 0.743414 | 2.320935 | 0.813757 | 4.559441 | 8.29021 | 0.93007 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Schools Empowered to Respond Act''.
SEC. 2. ESTABLISHMENT OF OFFICE OF NATIONAL SCHOOL PREPAREDNESS AND
RESPONSE.
(a) In General.--Title VII of the Homeland Security Act of 2002 (6
U.S.C. 341 et seq.) is amended by adding at the end the following new
section:
``SEC. 708. OFFICE OF NATIONAL SCHOOL PREPAREDNESS AND RESPONSE.
``(a) Establishment.--There is an Office of National School
Preparedness and Response within the Office of the Secretary of
Homeland Security.
``(b) Director.--The Office of National School Preparedness and
Response shall be headed by a National Director for School Preparedness
and Response (in this section referred to as the `Director').
``(c) Responsibilities.--The Director shall have primary
responsibility within the Department for the support of statewide,
regional, and national efforts to enhance the collective response to
acts of terrorism and other natural and man-made disasters at schools,
including the following:
``(1) Serving as the principal advisor to the Secretary on
the needs of schools and children in response to emergency
situations, including acts of terrorism and other natural and
man-made disasters, and providing the Secretary with guidance
on how to address the role of schools and those who care for
children in the National Strategy for Homeland Security.
``(2) Ensuring that policies, programs, and activities in
the Department developed for the collective response to
terrorism and other emergencies appropriately consider the
needs of and impact upon schools and children, by facilitating
the coordination of relevant agencies of the Department and
reviewing departmental policies.
``(3) Coordinating with appropriate Federal agencies to
enhance the collective response to terrorism and other
emergencies at State, regional, local, and tribal levels at
schools, including the following:
``(A) Developing initiatives and best practices.
``(B) Supporting efforts of local education
agencies and other education institutions.
``(C) Creating and promoting training materials for
elementary, secondary, and post-secondary teachers and
school personnel, school resource officers, and school
emergency planning professionals, including current
training efforts in the Department.
``(D) Coordinating continued collaborations of the
Department, including the Safe Schools Initiative.
``(4) Creating an Internet clearinghouse, in partnership
with other appropriate Federal agencies, that identifies
resources available to schools and, as appropriate, includes
detailed implementation instructions or examples. The
clearinghouse shall--
``(A) incorporate guidance and best practices for
the collective response to acts of terrorism and
natural and man-made disasters, addressing at a
minimum--
``(i) advance planning;
``(ii) training with local law enforcement
and first responders;
``(iii) sheltering and evacuating special
needs students; and
``(iv) incorporating procedures for
continuation of education in the event of
extended school closures; and
``(B) include a resource to educate and empower
educators, school personnel, students, and parents to
know their roles in the collective response to acts of
terrorism and natural and man-made disasters, such as
that created by the Ready Campaign of the Department.
``(5) Monitoring the use of Federal grants within the
Department and at other Federal agencies that support the
collective response to acts of terrorism and natural and man-
made disasters at schools, and based on such monitoring--
``(A) making recommendations to improve the
effectiveness of such funding; and
``(B) ensuring that grant guidance is clear
regarding whether schools are eligible for support or
disbursement of funds.
``(6) Working with States to support State efforts to make
school district emergency management plans consistent with
federally recommended practices.
``(7) Working with volunteer organizations, including the
Citizen Corps, to encourage the involvement of schools and the
consideration of school needs in planning and execution.
``(8) Working with other Department officials to ensure
that schools are appropriately categorized within the Critical
Infrastructure/Key Resources regime.
``(9) Working to ensure that schools are appropriately
considered and prioritized in the development of and
recommendations connected with the National Infrastructure
Preparedness Plan and the National Response Framework.
``(10) Ensuring that education officials have input with
the Government Coordinating Council.
``(11) Reviewing public awareness programs and screening
policies by departmental entities, including transportation and
border security screening, and ensure that such policies
consider the needs and well-being of children.
``(12) Any additional responsibilities as determined by the
Secretary.
``(d) Report to Congress.--Not later than one year after the date
of the enactment of the Schools Empowered to Respond Act, and every two
years thereafter, the Director shall submit to Congress a report on the
activities of the Office of National School Preparedness and Response
and the success of efforts to support the collective response to
terrorism and other emergencies at schools.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 707
the following new item:
``Sec. 708. Office of National School Preparedness and Response.''.
SEC. 3. HOMELAND SECURITY GRANTS.
(a) Eligibility of Schools for Funding.--
(1) UASI and shsgp.--Section 2008(a)(8) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(8)) (as amended by the
Implementing Recommendations of the 9/11 Commission Act of
2007) is amended to read as follows:
``(8) enhancing school preparedness, including--
``(A) the development of school security plans,
including emergency preparedness evaluations and
technical assistance;
``(B) training and exercises to assist public
elementary and secondary schools in developing and
implementing programs to instruct students regarding
age-appropriate skills to prevent, prepare for, respond
to, mitigate against, or recover from an act of
terrorism;
``(C) staff development days to develop emergency
plans and train and drill plans with appropriate staff;
and
``(D) communications equipment vital for
implementation of a school security plan or school
transportation security plan.''.
(2) Law enforcement terrorism prevention program.--Section
2006(a)(2) of the Homeland Security Act of 2002 (6 U.S.C.
607(a)(2)) (as amended by the Implementing Recommendations of
the 9/11 Commission Act of 2007) is amended by redesignating
subparagraphs (H) and (I) as subparagraphs (I) and (J),
respectively, and by inserting after subparagraph (G) the
following new subparagraph:
``(H) training activities consistent with a State
homeland security plan, including training that
involves officials of State or local governments or
schools;''.
(b) Prioritization of Grant Proposals That Describe Effect on
Schools.--Section 2007(a)of the Homeland Security Act of 2002 (6 U.S.C.
608(a)(2)) (as amended by the Implementing Recommendations of the 9/11
Commission Act of 2007) is amended by striking ``and'' after the
semicolon at the end of paragraph (1), by striking the period at the
end of paragraph (2) and inserting ``; and'', and by adding at the end
the following new paragraph:
``(3) the extent to which grant proposals describe how the
proposed use of a grant by a State or high-risk urban area
considers the effect of that use for the collective response to
acts of terrorism and other natural and man-made disasters and
on the preparedness or utilization of auxiliary facilities and
actors, including local education agencies and State education
resources.''.
SEC. 4. ENSURING SCHOOLS HAVE A VOICE IN NATIONAL, STATE, AND LOCAL
HOMELAND SECURITY PLANNING.
(a) General Responsibility.--
(1) Section 102(c) of the Homeland Security Act of 2002 is
amended--
(A) by inserting ``and through the Office of School
Preparedness and Response (established under section
708)'' after ``equipment)''; and
(B) by inserting ``with the education sector,''
after ``authorities,''.
(2) Section 102(c)(1) of such Act is amended by inserting
``with the education sector,'' after ``authorities,''.
(b) Amendments to Homeland Security Planning Provisions.--
(1) Representation of state departments of education in
state homeland security decision making.--
(A) Condition of receipt of assistance.--Section
2002 of the Homeland Security Act of 2002 (6 U.S.C.
603) is amended by adding at the end the following:
``(d) Representation of State Departments of Education in State
Homeland Security Decision Making.--The Secretary shall require, as a
condition of receipt of grants to any State under section 2003 and
2004, that the State include, in each homeland security decision-making
body of the State that has authority to determine how such grants will
be used, a representative, selected by the State education authority,
who has an understanding of the emergency planning needs of local
schools.''.
(B) Limitation on application.--The amendment made
by subparagraph (A) shall apply with respect to grants
made with amounts appropriated for fiscal years
beginning after the date of the enactment of this Act.
(2) School resource officers are emergency response
providers.--Section 2(6) of the Homeland Security Act of 2002
(6 U.S.C. 101(6)) is amended by inserting ``school resource
officer,'' after ``law enforcement,''.
(3) School officials on state grant planning committees.--
Section 2021(b)(2)(A) of the Homeland Security Act of 2002 (6
U.S.C. 611(b)(2)(A)) is amended by striking ``and'' after the
semicolon at the end of clause (i), by striking the period at
the end of clause (ii) and inserting ``; and'', and by adding
at the end the following new clause:
``(iii) school emergency planning
officials, which may include representatives of
the State education authority, local education
agencies, and universities, and experts in
school security and school emergency
preparedness.''.
(4) National training exercises effect on children and
schools.--Section 648(b)(2)(A) of the Department of Homeland
Security Appropriations Act, 2007 (6 U.S.C. 748) is amended by
striking ``and'' after the semicolon at the end of clause (iv),
by redesignating clause (v) as clause (vi), and by inserting
after clause (iv) the following new clause:
``(v) designed to address the unique needs
of children in the event of a terrorist attack
or other emergency and the impact of the same
on schools and education facilities; and''.
(5) DHS reporting on grant effectiveness.--Section
652(a)(2)(E) of the Department of Homeland Security
Appropriations Act, 2007 (6 U.S.C. 752(a)(2)(E)) (as amended by
Public Law 110-53) is amended by striking ``and'' after the
semicolon at the end of clause (i), by striking the period at
the end of clause (ii) and inserting ``; and'', and by adding
at the end the following new clause:
``(iii) have led to the resiliency of
public institutions, including schools, during
and after an act of terrorism or other natural
or man-made disaster.''.
(6) Consideration of education officials for the national
advisory council.--Section 508(c)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 318(c)(1)) is amended--
(A) in subparagraph (A) by inserting ``, school
resource officers and experts in school emergency
preparedness,'' after ``emergency medical services,'';
and
(B) in subparagraph (C) by inserting ``, the
education sector'' after ``governments,''.
SEC. 5. SENSE OF CONGRESS ON EDUCATION SECTOR FOR HOMELAND SECURITY.
(a) Findings.--Congress makes the following findings:
(1) Children spend a significant portion of the day in
schools and rely on education institutions for the safety and
security throughout the day.
(2) School facilities are major public assets in many
communities and will be relied upon for shelter in-place and
other uses during a terrorist or other emergency for children
and adults.
(b) Sense of Congress Regarding Adoption of Voluntary National
Standards.--It is the sense of Congress that the Secretary of Homeland
Security should promote, where appropriate, the adoption of voluntary
national standards in schools to prepare for and enable a collective
response to acts of terrorism and other natural and man-made disasters.
(c) Sense of Congress Regarding Planning.--It is the sense of
Congress that to ensure the ability of schools to participate in the
collective response to terrorism and other emergencies, plans for
responding to acts of terrorism and other natural and man-made
disasters should include, as appropriate, the following:
(1) A risk assessment addressing relative risks for local
education authorities, schools, and other education
institutions, similar to risk analysis and management for
critical asset protection.
(2) Detailed school emergency plans, including, as
appropriate, the following:
(A) District-wide school safety plans, including
policies and procedures for the following:
(i) Responding to threats, including
terrorist threats.
(ii) Responding to acts of violence that
could arise from terrorism.
(iii) Appropriate prevention and
intervention strategies, such as the following:
(I) Training for security
personnel, including regarding how to
de-escalate potentially violent
situations.
(II) Conflict resolution.
(III) Peer mediation.
(IV) Youth courts.
(V) Extended day programs.
(VI) Contacting law enforcement and
first responders.
(VII) Contacting parents or
guardians.
(VIII) School building security.
(IX) Dissemination of informative
materials regarding early detection of
potentially violent behaviors.
(X) Annual school safety training
for staff and students.
(XI) Protocol for responding to
bomb threats, hostage taking, intruders
and kidnappers.
(XII) Developing strategies to
improve communication among students
and between students and staff.
(XIII) Description of duties of
hall monitors and other school safety
personnel.
(B) Building-level emergency response plans that
include the following:
(i) Policies and procedures for safe
evacuation, including evacuation routes,
shelter sites, procedures for addressing
medical needs, transportation, and emergency
notification to parents.
(ii) Designation of an emergency response
team.
(iii) Access to floor plans, blueprints,
and schematics of school interiors and grounds,
and road maps of surrounding areas.
(iv) An internal and external communication
system.
(v) Implementation of an incident command
system.
(vi) Coordination with any State-wide
disaster mental health plan.
(vii) Procedures to review and conduct of
drills and exercises to test components of
plans.
(viii) Policies and procedures for securing
and restricting access to crime scene. | Schools Empowered to Respond Act - Amends the Homeland Security Act of 2002 to establish within the Office of the Secretary of Homeland Security an Office of National School Preparedness and Response.
Gives the Director of that office primary responsibility within the Department of Homeland Security (DHS) for the support of statewide, regional, and national efforts to enhance the collective response to acts of terrorism and other disasters at schools, including by: (1) serving as the principal advisor to the Secretary on the needs of schools and children in response to emergency situations; (2) ensuring that DHS policies, programs, and activities appropriately consider the needs of and impact upon schools and children; (3) creating an Internet clearinghouse that identifies resources available to schools; and (4) ensuring that education officials have input with the Government Coordinating Council.
Permits the use of funds under the Urban Area Security Initiative and State Homeland Security Grant Program to enhance school preparedness.
Directs the Secretary to condition the receipt of grants on a state including in each state homeland security decision-making body that has authority to determine how grants will be used a representative selected by the state education authority who has an understanding of the emergency planning needs of local schools.
Expresses the sense of Congress: (1) promoting the adoption of voluntary national standards in schools to prepare for and enable a collective response to acts of terrorism and other disasters; and (2) regarding what plans for responding should be included to ensure school participation in such collective response. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to establish in the Department of Homeland Security the Office of National School Preparedness and Response, and for other purposes."} | 3,423 | 308 | 0.713505 | 1.959009 | 0.928556 | 4.996564 | 10.790378 | 0.962199 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Hunger-Free
Communities Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--NATIONAL COMMITMENT TO END HUNGER
Sec. 101. Hunger reports.
TITLE II--STRENGTHENING COMMUNITY EFFORTS
Sec. 121. Hunger-free communities collaborative grants.
Sec. 122. Hunger-free communities infrastructure grants.
Sec. 123. Hunger-free communities training and technical assistance
grants.
Sec. 124. Report.
Sec. 125. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) at the 1996 World Food Summit, the United States,
along with 185 other countries, pledged to reduce the number of
undernourished people by half by 2015; and
(B) as a result of that pledge, the Department of Health
and Human Services adopted the Healthy People 2010 goal to cut
food insecurity in half by 2010, and in doing so reduce hunger;
(2) national nutrition programs are among the fastest, most
direct ways to efficiently and effectively prevent hunger,
reduce food insecurity, and improve nutrition among the
populations targeted by a program;
(3) in 2001, food banks, food pantries, soup kitchens, and
emergency shelters helped to feed more than 23,000,000 low-
income people; and
(4) community-based organizations and charities can help--
(A) play an important role in preventing and
reducing hunger;
(B) measure community food security;
(C) develop and implement plans for improving food
security;
(D) educate community leaders about the problems of
and solutions to hunger;
(E) ensure that local nutrition programs are
implemented effectively; and
(F) improve the connection of food insecure people
to anti-hunger programs.
SEC. 3. DEFINITIONS.
In this Act:
(1) Domestic hunger goal.--The term ``domestic hunger
goal'' means--
(A) the goal of reducing hunger in the United
States to at or below 2 percent by 2010; or
(B) the goal of reducing food insecurity in the
United States to at or below 6 percent by 2010.
(2) Emergency feeding organization.--The term ``emergency
feeding organization'' has the meaning given the term in
section 201A of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501).
(3) Food security.--The term ``food security'' means the
state in which an individual has access to enough food for an
active, healthy life.
(4) Hunger-free communities goal.--The term ``hunger-free
communities goal'' means any of the 14 goals described in the
H. Con. Res. 302 (102nd Congress).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
TITLE I--NATIONAL COMMITMENT TO END HUNGER
SEC. 101. HUNGER REPORTS.
(a) Study.--
(1) Timeline.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
conduct a study of major matters relating to the
problem of hunger in the United States, as determined
by the Secretary.
(B) Update.--Not later than 5 years after the date
on which the study under subparagraph (A) is conducted,
the Secretary shall update the study.
(2) Matters to be assessed.--The matters to be assessed by
the Secretary in the study and update under this section shall
include--
(A) data on hunger and food insecurity in the
United States;
(B) measures carried out during the previous year
by Federal, State, and local governments to achieve
domestic hunger goals and hunger-free communities
goals;
(C) measures that could be carried out by Federal,
State, and local governments to achieve domestic hunger
goals and hunger-free communities goals; and
(D) the impact of hunger and household food
insecurity on obesity, in the context of poverty and
food assistance programs.
(b) Recommendations.--The Secretary shall develop recommendations
on--
(1) removing obstacles to achieving domestic hunger goals
and hunger-free communities goals; and
(2) otherwise reducing domestic hunger.
(c) Report.--The Secretary shall submit to the President and
Congress--
(1) not later than 1 year after the date of enactment of
this Act, a report that contains--
(A) a detailed statement of the results of the
study, or the most recent update to the study,
conducted under subsection (a)(1); and
(B) the most recent recommendations of the
Secretary under subsection (b); and
(2) not later than 5 years after the date of submission of
the report under paragraph (1), an update of the report.
TITLE II--STRENGTHENING COMMUNITY EFFORTS
SEC. 121. HUNGER-FREE COMMUNITIES COLLABORATIVE GRANTS.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a public food program service provider or a
nonprofit organization, including but not limited to an emergency
feeding organization, that demonstrates the organization has
collaborated, or will collaborate, with 1 or more local partner
organizations to achieve at least 1 hunger-free communities goal.
(b) Program Authorized.--
(1) In general.--The Secretary shall use not more than 50
percent of any funds made available under section 125 to make
grants to eligible entities to pay the Federal share of the
costs of an activity described in subsection (d).
(2) Federal share.--The Federal share of the cost of
carrying out an activity under this section shall not exceed 80
percent.
(3) Non-federal share.--
(A) Calculation.--The non-Federal share of the cost
of an activity under this section may be provided in
cash or in kind, fairly evaluated, including
facilities, equipment, or services.
(B) Sources.--Any entity may provide the non-
Federal share of the cost of an activity under this
section through a State government, a local government,
or a private source.
(c) Application.--
(1) In general.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary at
the time and in the manner and accompanied by any information
the Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) identify any activity described in subsection
(d) that the grant will be used to fund;
(B) describe the means by which an activity
identified under subparagraph (A) will reduce hunger in
the community of the eligible entity;
(C) list any partner organizations of the eligible
entity that will participate in an activity funded by
the grant;
(D) describe any agreement between a partner
organization and the eligible entity necessary to carry
out an activity funded by the grant; and
(E) if an assessment described in subsection (d)(1)
has been performed, include--
(i) a summary of that assessment; and
(ii) information regarding the means by
which the grant will help reduce hunger in the
community of the eligible entity.
(3) Priority.--In making grants under this section, the
Secretary shall give priority to eligible entities that--
(A) demonstrate in the application of the eligible
entity that the eligible entity makes collaborative
efforts to reduce hunger in the community of the
eligible entity; and
(B)(i) serve a predominantly rural and
geographically underserved area;
(ii) serve communities in which the rates of food
insecurity, hunger, poverty, or unemployment are
demonstrably higher than national average rates;
(iii) provide evidence of long-term efforts to
reduce hunger in the community;
(iv) provide evidence of public support for the
efforts of the eligible entity; or
(v) demonstrate in the application of the eligible
entity a commitment to achieving more than 1 hunger-
free communities goal.
(d) Use of Funds.--
(1) Assessment of hunger in the community.--
(A) In general.--An eligible entity in a community
that has not performed an assessment described in
subparagraph (B) may use a grant received under this
section to perform the assessment for the community.
(B) Assessment.--The assessment referred to in
subparagraph (A) shall include--
(i) an analysis of the problem of hunger in
the community served by the eligible entity;
(ii) an evaluation of any facility and any
equipment used to achieve a hunger-free
communities goal in the community;
(iii) an analysis of the effectiveness and
extent of service of existing nutrition
programs and emergency feeding organizations;
and
(iv) a plan to achieve any other hunger-
free communities goal in the community.
(2) Activities.--An eligible entity in a community that has
submitted an assessment to the Secretary shall use a grant
received under this section for any fiscal year for activities
of the eligible entity, including--
(A) meeting the immediate needs of people in the
community served by the eligible entity who experience
hunger by--
(i) distributing food;
(ii) providing community outreach; or
(iii) improving access to food as part of a
comprehensive service;
(B) developing new resources and strategies to help
reduce hunger in the community;
(C) establishing a program to achieve a hunger-free
communities goal in the community, including--
(i) a program to prevent, monitor, and
treat children in the community experiencing
hunger or poor nutrition; or
(ii) a program to provide information to
people in the community on hunger, domestic
hunger goals, and hunger-free communities
goals; and
(D) establishing a program to provide food and
nutrition services as part of a coordinated community-
based comprehensive service.
SEC. 122. HUNGER-FREE COMMUNITIES INFRASTRUCTURE GRANTS.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means an emergency feeding organization (as defined
in section 201A(4) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501(4))).
(b) Program Authorized.--
(1) In general.--The Secretary shall use not more than 40
percent of any funds made available under section 125 to make
grants to eligible entities to pay the Federal share of the
costs of an activity described in subsection (d).
(2) Federal share.--The Federal share of the cost of
carrying out an activity under this section shall not exceed 80
percent.
(c) Application.--
(1) In general.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary at
the time and in the manner and accompanied by any information
the Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) identify any activity described in subsection
(d) that the grant will be used to fund; and
(B) describe the means by which an activity
identified under subparagraph (A) will reduce hunger in
the community of the eligible entity.
(3) Priority.--In making grants under this section, the
Secretary shall give priority to eligible entities the
applications of which demonstrate 2 or more of the following:
(A) The eligible entity serves a predominantly
rural and geographically underserved area.
(B) The eligible entity serves a community in which
the rates of food insecurity, hunger, poverty, or
unemployment are demonstrably higher than national
average rates.
(C) The eligible entity serves a community that has
carried out long-term efforts to reduce hunger in the
community.
(D) The eligible entity serves a community that
provides public support for the efforts of the eligible
entity.
(E) The eligible entity is committed to achieving
more than 1 hunger-free communities goal.
(d) Use of Funds.--An eligible entity shall use a grant received
under this section for any fiscal year to carry out activities of the
eligible entity, including--
(1) constructing, expanding, or repairing a facility or
equipment to support hunger relief agencies in the community;
(2) assisting an emergency feeding organization in the
community in obtaining locally-produced produce and protein
products; and
(3) assisting an emergency feeding organization in the
community to process and serve wild game.
SEC. 123. HUNGER-FREE COMMUNITIES TRAINING AND TECHNICAL ASSISTANCE
GRANTS.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a national or regional nonprofit organization
that carries out an activity described in subsection (d).
(b) Program Authorized.--
(1) In general.--The Secretary shall use not more than 10
percent of any funds made available under section 125 to make
grants to eligible entities to pay the Federal share of the
costs of an activity described in subsection (d).
(2) Federal share.--The Federal share of the cost of
carrying out an activity under this section shall not exceed 80
percent.
(c) Application.--
(1) In general.--To receive a grant under this section, an
eligible entity shall submit an application to the Secretary at
the time and in the manner and accompanied by any information
the Secretary may require.
(2) Contents.--Each application submitted under paragraph
(1) shall--
(A) demonstrate that the eligible entity does not
operate for profit;
(B) describe any national or regional training
program carried out by the eligible entity, including a
description of each region served by the eligible
entity;
(C) describe any national or regional technical
assistance provided by the eligible entity, including a
description of each region served by the eligible
entity; and
(D) describe the means by which each organization
served by the eligible entity--
(i) works to achieve a domestic hunger
goal;
(ii) works to achieve a hunger-free
communities goal; or
(iii) used a grant received by the
organization under section 121 or 122.
(3) Priority.--In making grants under this section, the
Secretary shall give priority to eligible entities the
applications of which demonstrate 2 or more of the following:
(A) The eligible entity serves a predominantly
rural and geographically underserved area.
(B) The eligible entity serves a region in which
the rates of food insecurity, hunger, poverty, or
unemployment are demonstrably higher than national
average rates.
(C) The eligible entity serves a region that has
carried out long-term efforts to reduce hunger in the
region.
(D) The eligible entity serves a region that
provides public support for the efforts of the eligible
entity.
(E) The eligible entity is committed to achieving
more than 1 hunger-free communities goal.
(d) Use of Funds.--An eligible entity shall use a grant received
under this section for any fiscal year to carry out national or
regional training and technical assistance for organizations that--
(1) work to achieve a domestic hunger goal;
(2) work to achieve a hunger-free communities goal; or
(3) receive a grant under section 121 or 122.
SEC. 124. REPORT.
Not later than September 30, 2013, the Secretary shall submit to
Congress a report describing--
(1) each grant made under this title, including--
(A) a description of any activity funded by such a
grant; and
(B) the degree of success of each activity funded
by such a grant in achieving hunger-free communities
goals; and
(2) the degree of success of all activities funded by
grants under this title in achieving domestic hunger goals.
SEC. 125. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$50,000,000 for each of fiscal years 2008 through 2013. | Hunger-Free Communities Act of 2007 - Directs the Secretary of Agriculture conduct a study of hunger in the United States and develop recommendations on reducing domestic hunger.
Directs the Secretary to make: (1) hunger-free communities collaborative grants to eligible public food program service providers or nonprofit organizations; (2) hunger-free communities infrastructure grants to eligible emergency feeding organizations; and (3) hunger-free communities training and technical assistance grants to eligible national or regional nonprofit organizations. (States that such grants' federal share shall not exceed 80%.)
Sets forth grant priorities. | {"src": "billsum_train", "title": "A bill to reduce hunger in the United States."} | 3,482 | 115 | 0.519408 | 1.374457 | 0.598977 | 3.280702 | 28.973684 | 0.929825 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Space Exploration Sustainability
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A robust and balanced space program enhances the United
States long-term national and economic security by--
(A) inspiring students to pursue disciplines in
science, technology, engineering, and mathematics;
(B) stimulating development of advanced
technologies with widespread applications;
(C) increasing the United States technological
competitiveness; and
(D) enhancing global prosperity and security
through cooperation in shared interests, such as
advancement of science, understanding of Earth and the
universe, and protection from space borne threats, such
as asteroids.
(2) The Nation's space program should include endeavors
that balance--
(A) national security space and civil space;
(B) robotic and human exploration;
(C) advancement of scientific knowledge and
engagement of the general public;
(D) U.S. Government led launch capability
development, including the Space Launch System and
multi-purpose crew vehicle, and partnerships with
commercial and international entities;
(E) advancement of the space frontier and
stimulation of commerce within Earth Orbit; and
(F) peering outward to further understanding of the
universe and observing Earth to expand knowledge of our
home planet.
(3) The National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18301 et seq.) provides
for a robust and balanced national space program.
SEC. 3. GOALS AND OBJECTIVES.
Section 202 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18312) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Long-Term Goal.--The long-term goal of the human space flight
and exploration efforts of NASA shall be to sustainably expand
permanent human presence beyond low-Earth orbit and to do so, where
practical, in a manner involving international partners and expanding
economic activity in space.''; and
(2) in subsection (b)(2), by inserting ``and expanding
throughout cis-lunar space and beyond'' after
``infrastructure''.
SEC. 4. REPORT ON CIS-LUNAR SPACE.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Administrator of the National Aeronautics
and Space Administration shall submit to Congress a strategy to achieve
the long-term goal of sustainably expanding a human presence beyond
low-Earth orbit under section 202(a) of the National Aeronautics and
Space Administration Authorization Act of 2010 (42 U.S.C. 18312(a))
through robust utilization of cis-lunar space.
(b) Requirements.--The strategy shall include a discussion of--
(1) the utility of an expanded permanent human presence in
cis-lunar space to enable missions to the lunar surface,
asteroids, the Mars system, and other destinations of interest
for future human exploration;
(2) the utility of an expanded permanent human presence in
cis-lunar space to economic, scientific, and technological
advances;
(3) the opportunities for--
(A) international partner collaboration toward the
establishment and continuance of an expanded permanent
human presence in cis-lunar space;
(B) international partner contributions to the
missions listed under paragraph (1) that are uniquely
enabled by mission architectures that make use of an
expanded and persistent human presence in cis-lunar
space;
(C) commercial industry participation toward the
expansion and continuance of permanent human presence
in cis-lunar space;
(D) commercial industry contributions to the
missions listed under paragraph (1) that are uniquely
enabled by mission architectures that make use of an
expanded and persistent human presence in cis-lunar
space; and
(E) commercial ventures that result from an
expanded and persistent human presence in cis-lunar
space;
(4) the opportunities and uses for the National Aeronautics
and Space Administration managed allocation of the
International Space Station National Laboratory, including a
specific discussion of high priority scientific and
technological developments that use the International Space
Station toward expanding and sustaining a human presence in
cis-lunar space; and
(5) a range of exploration mission architectures for the
missions listed under paragraph (1).
(c) Comparison of Architectures.--
(1) In general.--The strategy shall include a comparison of
architectures that use an expanded and persistent human
presence in cis-lunar space and architectures that do not, with
a primary objective of identifying the architectures and
approaches that--
(A) best support the long-term goal under section
202(a) of the National Aeronautics and Space
Administration Authorization Act of 2010 (42 U.S.C.
18312(a)); and
(B) are enabled by the transportation capabilities
developed under titles III and IV of the National
Aeronautics and Space Administration Authorization Act
of 2010 (42 U.S.C. 18301 et seq.).
(2) Factors.--Factors to be considered in the comparison
shall include recurring and non-recurring cost, safety,
sustainability, opportunities for international collaboration,
enabling of new markets and opportunities for commercial
industry, compelling scientific opportunities, flexibility of
the architecture to adjust to evolving technologies, and
leadership and priorities over time.
(d) Implementation Plan.--The strategy shall include a plan that
establishes a method and schedule for implementation of the strategy.
The implementation plan shall include--
(1) proposed Program Formulation events;
(2) Program Critical Design Reviews;
(3) System Integration Reviews;
(4) Systems Assembly, Integration and Test milestones; and
(5) schedules of planned test launches and events, up to
and including initial missions.
SEC. 5. ASSURANCE OF CORE CAPABILITIES.
Section 203 of the National Aeronautics and Space Administration
Authorization Act of 2010 (42 U.S.C. 18313) is amended by adding at the
end the following:
``(c) Assurance of Core Capabilities.--The Administrator shall
proceed with the utilization of the ISS, technology development, and
follow-on transportation systems, including the Space Launch System,
multi-purpose crew vehicle, and commercial crew and cargo
transportation capabilities authorized by this Act in a manner that
ensures--
``(1) that these capabilities remain inherently
complimentary and interrelated;
``(2) a balance of the development, sustainment, and use of
each of these capacities, which are of critical importance to
the viability and sustainability of the U.S. space program; and
``(3) that resources required to support the timely and
sustainable development of these capabilities are not derived
from a reduction in resources from one capability as a means of
increasing resources to support another capability.''.
SEC. 6. EXTENSION OF CERTAIN SPACE LAUNCH LIABILITY PROVISIONS.
Section 50915(f) of title 51, United States Code, is amended by
striking ``December 31, 2012'' and inserting ``December 31, 2014''.
SEC. 7. EXEMPTION FROM INKSNA.
Section 7(1) of the Iran, North Korea, and Syria Nonproliferation
Act (50 U.S.C. 1701 note) is amended to read as follows:
``(1) Extraordinary payments in connection with the
international space station.--The term `extraordinary payments
in connection with the International Space Station' means
payments in cash or in-kind made or to be made by the United
States Government for work on the International Space Station
which the Russian Government pledged at any time to provide at
its expense.''. | Space Exploration Sustainability Act - Amends the National Aeronautics and Space Administration Authorization Act of 2010 to make it: (1) a long-term goal for the National Aeronautics Space Administration (NASA) to sustainably expand permanent human presence beyond low-Earth orbit and to expand economic activity in space, and (2) a key objective of the United States to expand throughout cis-lunar space (the region of space from the Earth out to and including the region around the surface of the Moon) and beyond.
Requires the Administrator of NASA to submit to Congress a strategy for achieving the long-term goal of sustainably expanding a human presence beyond low-Earth orbit through robust use of cis-lunar space. Instructs NASA to proceed with the utilization of the International Space Station, technology development, and follow-on transportation systems, including the space launch system and the multi-purpose crew vehicle. | {"src": "billsum_train", "title": "A bill to reaffirm and amend the National Aeronautics and Space Administration Authorization Act of 2010, and for other purposes."} | 1,684 | 203 | 0.672781 | 1.916148 | 1.074816 | 4.554913 | 8.901734 | 0.936416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Caregiver Credit Act
of 2002''.
SEC. 2. DEEMED WAGES FOR CAREGIVERS OF DEPENDENT RELATIVES.
(a) In General.--Title II of the Social Security Act is amended by
adding after section 234 (42 U.S.C. 434) the following new section:
``deemed wages for caregivers of dependent relatives
``Definitions
``Sec. 235. (a) For purposes of this section--
``(1) The term `qualifying month' means, in connection with
an individual, a month during which such individual was engaged
for not less than 80 hours in providing care to a dependent
relative without monetary compensation. Such term does not
include any month ending after the date on which such
individual attains retirement age (as defined in section
216(l)).
``(2) The term `dependent relative' means, in connection
with an individual--
``(A) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner) who is under the age of 12, or
``(B) a child, grandchild, niece, or nephew (of
such individual or such individual's spouse or domestic
partner), a parent, aunt, or uncle (of such individual
or his or her spouse or domestic partner), or such
individual's spouse or domestic partner, if such child,
grandchild, niece, nephew, parent, aunt, uncle, spouse,
or domestic partner is a chronically dependent
individual.
``(3)(A) The term `chronically dependent individual' means
an individual who--
``(i) is dependent on a daily basis on verbal
reminding, physical cueing, supervision, or other
assistance provided to the individual by another person
in the performance of at least 2 of the activities of
daily living (described in subparagraph (B)), and
``(ii) without the assistance described in clause
(i), could not perform such activities of daily living.
``(B) The `activities of daily living' referred to in
subparagraph (A) are the following:
``(i) Eating.
``(ii) Bathing.
``(iii) Dressing.
``(iv) Toileting.
``(v) Transferring in and out of a bed or in and
out of a chair.
``Deemed Wages of Caregiver
``(b)(1)(A) For purposes of determining entitlement to and the
amount of any monthly benefit for any month after December 2002, or
entitlement to and the amount of any lump-sum death payment in the case
of a death after such month, payable under this title on the basis of
the wages and self-employment income of any individual, and for
purposes of section 216(i)(3), such individual shall be deemed to have
been paid during each qualifying month (in addition to wages or self-
employment income actually paid to or derived by such individual during
such month) at an amount per month equal to the excess (if any) of--
``(i) 50 percent of the average amount of wages and self-
employment income otherwise credited to individuals for such
month under this title, over
``(ii) the amount of wages and self-employment income
actually paid to or derived by such individual for such month.
``(B) In any case in which there are more than 60 qualifying months
for an individual, only the last 60 of such months shall be taken into
account for purposes of this section.
``(2) Paragraph (1) shall not be applicable in the case of any
monthly benefit or lump-sum death payment if a larger such benefit or
payment, as the case may be, would be payable without its application.
``Citizenship and Residency Requirements
``(c)(1) A qualifying month shall not be taken into account under
this section with respect to any individual unless such individual--
``(A) is throughout the qualifying month a resident of the
United States (as defined in paragraph (2)), and
``(B)(i) is throughout the qualifying month a citizen of
the United States or an alien lawfully admitted for permanent
residence, and
``(ii) in the case of an individual who was not a citizen
of the United States throughout the qualifying month, has
resided in the United States (as defined in subsection 210(i))
continuously during the 5 years immediately preceding the
qualifying month.
``(2) For purposes of paragraph (1)(A), the term `United States'
means the 50 States and the District of Columbia.
``Identification Requirements
``(d) A qualifying month shall not be taken into account under this
section with respect to an individual unless such individual provides
the Commissioner of Social Security with the name and social security
account number of the dependent relative with respect to whom the
individual was engaged in providing care during such month, and other
information as the Commissioner may require to verify the status of the
dependent relative, on whatever application may be required to obtain
benefits under this section.
``Annual Reimbursement of Federal Old-Age and Survivors Insurance Trust
Fund
``(e) There are authorized to be appropriated to the Federal Old-
Age and Survivors Insurance Trust Fund for the fiscal year ending
September 30, 2003, and for each fiscal year thereafter, such sums as
the Commissioner of Social Security deems necessary on account of--
``(1) payments made under this section during the second
preceding fiscal year and all fiscal years prior thereto to
individuals entitled to benefits under this section,
``(2) the additional administrative expenses resulting from
the payments described in paragraph (1), and
``(3) any loss in interest to such Trust Fund resulting
from such payments and expenses,
in order to place such Trust Fund in the same position at the end of
such fiscal year as it would have been in if such payments had not been
made.''. | Social Security Caregiver Credit Act of 2002 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to determining entitlement to and the amount of any monthly benefit, including any lump-sum death payment, payable under OASDI on the basis of the wages and self-employment income of any individual. Deems such an individual to have been paid (according to a specified formula) during each month during which the individual was engaged for at least 80 hours in providing care to a dependent relative without monetary compensation for up to five years of such service. Makes this Act inapplicable in the case of any monthly benefit or lump-sum death payment if a larger benefit or payment would be payable without its application. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to credit prospectively individuals serving as caregivers of dependent relatives with deemed wages for up to five years of such service."} | 1,318 | 175 | 0.544113 | 1.464938 | 0.583162 | 4.294521 | 8.671233 | 0.910959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Can Spam Act''.
SEC. 2. PROHIBITION REGARDING SPAMMING.
(a) In General.--No person may use the equipment of an electronic
mail service provider, or cause such equipment to be used, for
transmission of unsolicited commercial electronic mail in violation of
a posted policy of such provider.
(b) Rule of Construction.--This section may not be construed--
(1) to require any electronic mail service provider to
establish, create, or have in effect any policy regarding the
use of the provider's equipment; or
(2) to alter, limit, or restrict--
(A) the rights of an electronic mail service
provider under section 230(c)(1) of the Communications
Act of 1934 (47 U.S.C. 230(c)(1));
(B) any decision of an electronic mail service
provider to permit or restrict access to or use of its
equipment; or
(C) any exercise of the editorial function of an
electronic mail service provider.
(c) Civil Action.--
(1) In general.--In addition to any other remedy available
under law, an electronic mail service provider who suffers
damage or loss by reason of a violation of subsection (a) may
bring a civil action for relief under paragraph (2) in an
appropriate district court of the United States or State court.
(2) Relief.--If the court determines that a violation of
subsection (a) has occurred, the court shall award damages in
an amount equal to the greater of--
(A) the actual monetary loss suffered by the
provider as a result of the violation; and
(B) the amount that is equal to $50 for each use of
the equipment of the provider that constitutes such a
violation, except that--
(i) the aggregate amount of damages under
this subparagraph for any single day may not
exceed $25,000; and
(ii) for purposes of this subparagraph,
each electronic mail message that uses the
equipment of an electronic mail service
provider shall be considered to be a separate
use of such equipment.
The court may also award injunctive relief or such other
equitable relief as the court considers appropriate, and shall
award to the prevailing party reasonable attorney's fees and
costs.
(d) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Commercial electronic mail.--The term ``commercial
electronic mail'' means any electronic mail message, the
principal purpose of which is to promote, directly or
indirectly, the sale or other distribution of goods or services
to the recipient.
(2) Internet.--The term ``Internet'' has the meaning given
such term in section 230(f) of the Communications Act of 1934
(47 U.S.C. 230(f)).
(3) Internet domain name.--The term ``Internet domain
name'' has the meaning given such term in section 1030(e) of
title 18, United States Code.
(4) Posted policy.--The term ``posted policy'' means a rule
or set of rules established by an electronic mail service
provider that--
(A) governs the use of the equipment of the
provider for transmission of commercial electronic
mail;
(B) explicitly provides that compliance with such
rule or set of rules is a condition of use of such
equipment of the provider by a registered user
(including any guest of a registered user); and
(C)(i) is clearly and conspicuously posted on a
World Wide Web site of an interactive computer service
whose Internet domain name is identical to the Internet domain name of
the electronic mail address to which the rule or set of rules applies;
(ii) prohibits such use and provides a sender of
electronic mail notice of such prohibition through the
inclusion, in the initial banner message that is
automatically transmitted upon the establishment of a
connection to any standard port for accepting
electronic mail of any mail host designated to receive
mail for the provider (which connection results from an
attempt to send any electronic mail), of a textual
message reading ``NO UCE'';
(iii) provides a sender of electronic mail notice
of such rule or set of rules through the inclusion, in
the initial banner message described in clause (ii), of
a textual message identifying a publicly available
location or means (which may include a telephone
number, World Wide Web site, or electronic mail
address) at or by which to access the entire rule or
set of rules, and that is in the following form: ``UCE
POLICY AT ____'' (the blank being filled in with
information identifying such location or means of
access); or
(iv) is otherwise publicly posted or otherwise made
publicly available by the electronic mail service
provider in a manner reasonably designed to facilitate
access to such rule or set of rules by persons using
the equipment of the provider to transmit unsolicited
commercial electronic mail, at the time of such use.
(5) Registered user.--The term ``registered user'' means
any person that maintains an electronic mail address with an
electronic mail service provider.
(6) Unsolicited commercial electronic mail.--The term
``unsolicited commercial electronic mail'' means any commercial
electronic mail that is--
(A) addressed to a recipient with whom the
initiator of the mail does not have an existing
business or personal relationship; and
(B) not sent at the request of, or with the express
consent of, the recipient.
(e) Preemption.--No State or political subdivision thereof may
establish, continue in effect, or enforce any provision of law or
regulation regarding the transmission of unsolicited commercial
electronic mail.
SEC. 3. CRIMINAL PENALTY FOR UNAUTHORIZED USE OF INTERNET DOMAIN NAMES.
(a) Prohibition.--Section 1030(a) of title 18, United States Code,
is amended--
(1) in paragraph (7), by inserting ``or'' after the
semicolon at the end; and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) knowingly and without authorization uses the Internet
domain name of another person in connection with the sending of
one or more electronic mail messages and, as a result of such
conduct, causes damage to a computer, computer system, or
computer network;''.
(b) Penalties.--Section 1030(c) of title 18, United States Code, is
amended by adding at the end the following new paragraph:
``(4)(A) a fine under this title, in the case of an offense
under subsection (a)(8) of this section, which does not occur
after a conviction for another offense under such subsection or
an attempt to commit an offense punishable under this
subparagraph; and
``(B) a fine under this title or imprisonment for not more
than one year, or both, in the case of an offense under
subsection (a)(8) which occurs after a conviction for another
offense under such subsection, or an attempt to commit an
offense punishable under this subparagraph.''.
(c) Definitions.--Section 1030(e) of title 18, United States Code,
is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8)--
(A) in subparagraph (A)--
(i) by inserting ``(i) except as provided
in clause (ii),'' after ``(A)'';
(ii) by inserting ``or'' after the
semicolon at the end; and
(iii) by adding at the end the following
new clause:
``(ii) in the case of an offense under subsection
(a)(8), causes any loss in value;''; and
(B) by striking ``and'' at the end;
(3) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following new paragraphs:
``(10) the term `computer network' means any system that
provides communications or transfer of data between one or more
computers or computer systems and input or output devices,
including display terminals and printers connected by
telecommunication facilities;
``(11) the term `Internet' has the meaning given the term
in section 230(f) of the Communications Act of 1934 (47 U.S.C.
230(f)); and
``(12) the term `Internet domain name' means a globally
unique, hierarchical reference to an Internet host or service
that is attached to or able to be referenced from the Internet,
which--
``(A) consists of a series of character strings
separated by periods, with the rightmost character
string specifying the top of the hierarchy; and
``(B) is assigned and registered through a
centralized naming authority recognized as a registrant
of such references.''.
(d) Preemption.--Section 1030 of title 18, United States Code, is
amended by adding at the end the following new subsection:
``(i) Preemption.--No State or political subdivision thereof may
establish, continue in effect, or enforce any provision of law or
regulation regarding the use of the Internet domain name of another
person in connection with the sending of one or more electronic mail
messages.''. | Amends the Federal criminal code to impose criminal penalties upon any individual who knowingly and without authorization uses the Internet domain name of another person in connection with the sending of e-mail messages and, as a result of such conduct, causes damage to a computer or a computer system or network. | {"src": "billsum_train", "title": "Can Spam Act"} | 2,039 | 65 | 0.406774 | 1.085376 | -0.151625 | 5.678571 | 34.160714 | 0.892857 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medicare
Telehealth Enhancement Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MEDICARE PROGRAM
Sec. 101. Expansion and improvement of telehealth services.
Sec. 102. Increase in number of types of originating sites;
clarification.
Sec. 103. Facilitating the provision of telehealth services across
State lines.
Sec. 104. Definition of medicare program.
TITLE II--HRSA GRANT PROGRAM
Sec. 201. Grant program for the development of telehealth networks.
Sec. 202. Reauthorization of telehealth network and telehealth resource
centers grant programs.
TITLE I--MEDICARE PROGRAM
SEC. 101. EXPANSION AND IMPROVEMENT OF TELEHEALTH SERVICES.
(a) Expanding Access to Telehealth Services to All Areas.--Section
1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended in
paragraph (4)(C)(i) by striking ``and only if such site is located''
and all that follows and inserting ``without regard to the geographic
area where the site is located.''.
(b) Report to Congress on Store and Forward Technology.--
(1) Study.--The Secretary of Health and Human Services,
acting through the Director of the Office for the Advancement
of Telehealth, shall conduct a study on the use of store and
forward technologies (that provide for the asynchronous
transmission of health care information in single or multimedia
formats) in the provision of telehealth services for which
payment may be made under the medicare program in Alaska and
Hawaii and in other States. Such study shall include an
assessment of the feasibility, advisability, and the costs of
expanding the use of such technologies to other areas for use
in the diagnosis and treatment of certain conditions.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on the study conducted under subparagraph (A) and shall
include in such report such recommendations for legislation or
administration action as the Secretary determines appropriate.
SEC. 102. INCREASE IN NUMBER OF TYPES OF ORIGINATING SITES;
CLARIFICATION.
(a) Increase.--Paragraph (4)(C)(ii) of section 1834(m) of the
Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the
end the following new subclauses:
``(VI) A skilled nursing facility
(as defined in section 1819(a)).
``(VII) A renal dialysis facility.
``(VIII) A county mental health
clinic or other publicly funded mental
health facility.''.
(b) Clarification of Intent of the Term Originating Site.--Such
section is further amended by adding at the end the following new
paragraph:
``(5) Construction.--In applying the term `originating
site' under this subsection, the Secretary shall apply the term
only for the purpose of determining whether a site is eligible
to receive a facility fee. Nothing in the application of that
term under this subsection shall be construed as affecting the
ability of an eligible practitioner to submit claims for
telehealth services that are provided to other sites that have
telehealth systems and capabilities.''.
SEC. 103. FACILITATING THE PROVISION OF TELEHEALTH SERVICES ACROSS
STATE LINES.
(a) In General.--For purposes of expediting the provision of
telehealth services, for which payment is made under the medicare
program, across State lines, the Secretary of Health and Human Services
shall, in consultation with representatives of States, physicians,
health care practitioners, and patient advocates, encourage and
facilitate the adoption of provisions allowing for multistate
practitioner licensure across State lines.
(b) Definitions.--In paragraph (1):
(1) Telehealth service.--The term ``telehealth service''
has the meaning given that term in subparagraph (F) of section
1834(m)(4) of the Social Security Act (42 U.S.C. 1395m(m)(4)).
(2) Physician, practitioner.--The terms ``physician'' and
``practitioner'' has the meaning given those terms in
subparagraphs (D) and (E), respectively, of such section.
SEC. 104. DEFINITION OF MEDICARE PROGRAM.
In this title, the term ``medicare program'' means the program of
health insurance administered by the Secretary of Health and Human
Services under title XVIII of the Social Security Act (42 U.S.C. 1395
et seq.).
TITLE II--HRSA GRANT PROGRAM
SEC. 201. GRANT PROGRAM FOR THE DEVELOPMENT OF TELEHEALTH NETWORKS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Director of the Office for the Advancement of Telehealth (of the Health
Resources and Services Administration), shall make grants to eligible
entities (as described in subsection (b)(2)) for the purpose of
expanding access to health care services for individuals in rural
areas, frontier areas, and urban medically underserved areas through
the use of telehealth.
(b) Eligible Entities.--
(1) Application.--To be eligible to receive a grant under
this section, an eligible entity described in paragraph (2)
shall, in consultation with the State office of rural health or
other appropriate State entity, prepare and submit to the
Secretary an application, at such time, in such manner, and
containing such information as the Secretary may require,
including the following:
(A) A description of the anticipated need for the
grant.
(B) A description of the activities which the
entity intends to carry out using amounts provided
under the grant.
(C) A plan for continuing the project after Federal
support under this section is ended.
(D) A description of the manner in which the
activities funded under the grant will meet health care
needs of underserved rural populations within the
State.
(E) A description of how the local community or
region to be served by the network or proposed network
will be involved in the development and ongoing
operations of the network.
(F) The source and amount of non-Federal funds the
entity would pledge for the project.
(G) A showing of the long-term viability of the
project and evidence of health care provider commitment
to the network.
The application should demonstrate the manner in which the
project will promote the integration of telehealth in the
community so as to avoid redundancy of technology and achieve
economies of scale.
(2) Eligible entities.--An eligible entity described in
this paragraph is a hospital or other health care provider in a
health care network of community-based health care providers
that includes at least two of the organizations described in
subparagraph (A) and one of the institutions and entities
described in subparagraph (B) if the institution or entity is
able to demonstrate use of the network for purposes of
education or economic development (as required by the
Secretary).
(A) The organizations described in this
subparagraph are the following:
(i) Community or migrant health centers.
(ii) Local health departments.
(iii) Nonprofit hospitals.
(iv) Private practice health professionals,
including community and rural health clinics.
(v) Other publicly funded health or social
services agencies.
(vi) Skilled nursing facilities.
(vii) County mental health and other
publicly funded mental health facilities.
(viii) Providers of home health services.
(ix) Renal dialysis facilities.
(B) The institutions and entities described in this
subparagraph are the following:
(i) A public school.
(ii) A public library.
(iii) A university or college.
(iv) A local government entity.
(v) A local health entity.
(vi) A health-related nonprofit foundation.
(vii) An academic health center.
An eligible entity may include for-profit entities so long as
the recipient of the grant is a not-for-profit entity.
(c) Preference.--The Secretary shall establish procedures to
prioritize financial assistance under this section based upon the
following considerations:
(1) The applicant is a health care provider in a health
care network or a health care provider that proposes to form
such a network that furnishes or proposes to furnish services
in a medically underserved area, health professional shortage
area, or mental health professional shortage area.
(2) The applicant is able to demonstrate broad geographic
coverage in the rural or medically underserved areas of the
State, or States in which the applicant is located.
(3) The applicant proposes to use Federal funds to develop
plans for, or to establish, telehealth systems that will link
rural hospitals and rural health care providers to other
hospitals, health care providers, and patients.
(4) The applicant will use the amounts provided for a range
of health care applications and to promote greater efficiency
in the use of health care resources.
(5) The applicant is able to demonstrate the long-term
viability of projects through cost participation (cash or in-
kind).
(6) The applicant is able to demonstrate financial,
institutional, and community support for the long-term
viability of the network.
(7) The applicant is able to provide a detailed plan for
coordinating system use by eligible entities so that health
care services are given a priority over non-clinical uses.
(d) Maximum Amount of Assistance to Individual Recipients.--The
Secretary shall establish, by regulation, the terms and conditions of
the grant and the maximum amount of a grant award to be made available
to an individual recipient for each fiscal year under this section. The
Secretary shall cause to have published in the Federal Register or the
``HRSA Preview'' notice of the terms and conditions of a grant under
this section and the maximum amount of such a grant for a fiscal year.
(e) Use of Amounts.--The recipient of a grant under this section
may use sums received under such grant for the acquisition of
telehealth equipment and modifications or improvements of
telecommunications facilities including the following:
(1) The development and acquisition through lease or
purchase of computer hardware and software, audio and video
equipment, computer network equipment, interactive equipment,
data terminal equipment, and other facilities and equipment
that would further the purposes of this section.
(2) The provision of technical assistance and instruction
for the development and use of such programming equipment or
facilities.
(3) The development and acquisition of instructional
programming.
(4) Demonstration projects for teaching or training medical
students, residents, and other health profession students in
rural or medically underserved training sites about the
application of telehealth.
(5) The provision of telenursing services designed to
enhance care coordination and promote patient self-management
skills.
(6) The provision of services designed to promote patient
understanding and adherence to national guidelines for common
chronic diseases, such as congestive heart failure or diabetes.
(7) Transmission costs, maintenance of equipment, and
compensation of specialists and referring health care
providers, when no other form of reimbursement is available.
(8) Development of projects to use telehealth to facilitate
collaboration between health care providers.
(9) Electronic archival of patient records.
(10) Collection and analysis of usage statistics and data
that can be used to document the cost-effectiveness of the
telehealth services.
(11) Such other uses that are consistent with achieving the
purposes of this section as approved by the Secretary.
(f) Prohibited Uses.--Sums received under a grant under this
section may not be used for any of the following:
(1) To acquire real property.
(2) Expenditures to purchase or lease equipment to the
extent the expenditures would exceed more than 40 percent of
the total grant funds.
(3) To purchase or install transmission equipment off the
premises of the telehealth site and any transmission costs not
directly related to the grant.
(4) For construction, except that such funds may be
expended for minor renovations relating to the installation of
equipment.
(5) Expenditures for indirect costs (as determined by the
Secretary) to the extent the expenditures would exceed more
than 15 percent of the total grant.
(g) Administration.--
(1) Nonduplication.--The Secretary shall ensure that
facilities constructed using grants provided under this section
do not duplicate adequately established telehealth networks.
(2) Coordination with other agencies.--The Secretary shall
coordinate, to the extent practicable, with other Federal and
State agencies and not-for-profit organizations, operating
similar grant programs to pool resources for funding
meritorious proposals.
(3) Informational efforts.--The Secretary shall establish
and implement procedures to carry out outreach activities to
advise potential end users located in rural and medically
underserved areas of each State about the program authorized by
this section.
(h) Prompt Implementation.--The Secretary shall take such actions
as are necessary to carry out the grant program as expeditiously as
possible.
(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year
2006, and such sums as may be necessary for each of the fiscal years
2007 through 2012.
SEC. 202. REAUTHORIZATION OF TELEHEALTH NETWORK AND TELEHEALTH RESOURCE
CENTERS GRANT PROGRAMS.
Subsection (s) of section 330I of the Public Health Service Act (42
U.S.C. 254c-14) is amended--
(1) in paragraph (1)--
(A) by striking ``and'' before ``such sums''; and
(B) by inserting ``$10,000,000 for fiscal year
2007, and such sums as may be necessary for each of
fiscal years 2008 through 2012'' before the semicolon;
and
(2) in paragraph (2)--
(A) by striking ``and'' before ``such sums''; and
(B) by inserting ``$10,000,000 for fiscal year
2007, and such sums as may be necessary for each of
fiscal years 2008 through 2012'' before the semicolon. | Medicare Telehealth Enhancement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act regarding telehealth services (services furnished via a telecommunication system by a physician to an enrolled individual) to: (1) remove current geographic restrictions on the provision of such services; (2) add to the facilities authorized to participate in the telehealth program; and (3) direct the Secretary to encourage and facilitate multistate practitioner licensure across state lines to facilitate the program.
Directs the Secretary to make grants for expanding access to health care services for individuals in rural areas, frontier areas, and urban medically underserved areas through the use of telehealth.
Amends the Public Health Service Act to reauthorize telehealth network and telehealth resource centers grant programs. | {"src": "billsum_train", "title": "To improve the provision of telehealth services under the Medicare Program, to provide grants for the development of telehealth networks, and for other purposes."} | 3,185 | 172 | 0.544194 | 1.426107 | 0.630368 | 3.687943 | 20.48227 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving our Equine Heritage on
Public Land Act''.
SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC LAND.
(a) National Park System Land.--Section 12 of Public Law 91-383 (16
U.S.C. 1a-7) is amended by adding at the end the following:
``(c) Use and Access of Pack and Saddle Animals.--
``(1) In general.--The Secretary of the Interior (referred
to in this subsection as the `Secretary') shall manage the
National Park System in a manner that preserves and facilitates
the continued use and access of pack and saddle stock animals
at units of the National Park System at which there is a
historical tradition of the use of pack and saddle stock
animals.
``(2) Use.--
``(A) In general.--Except as provided in
subparagraph (B), National Park System land shall
remain open and accessible to the use of pack and
saddle stock animals.
``(B) Limitation.--
``(i) In general.--The Secretary may
implement a nonemergency reduction in the use
and access of pack and saddle stock animals on
National Park System land after complying
with--
``(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(II) clauses (ii) through (iv).
``(ii) Public notice and comment.--The
Secretary shall provide to the public advance
notice of proposed reductions in the use and
access of pack and saddle stock animals on
National Park System land to allow for public
comment on the proposed reductions.
``(iii) Public meeting.--After providing
advance notice of the location, date, and time
of the meeting, the Secretary shall conduct a
public meeting at an appropriate location close
to the unit of the National Park System on
which the reduction in pack and saddle stock
access is proposed.
``(iv) Public collaboration.--To encourage
meaningful public participation with respect to
reductions in the use and access of pack and
saddle stock animals on National Park System
land, the Secretary shall facilitate
collaboration among different recreational
users.
``(3) Effect.--Nothing in this subsection--
``(A) authorizes the Secretary to refuse to issue a
permit for a new use of pack and saddle stock animals,
including use by a commercial outfitter or guide,
without complying with applicable resource management
plans and planning processes required under this Act or
any other Federal law;
``(B) alters or limits the authority of the
Secretary to issue permits;
``(C) alters or limits the authority of the
Secretary to implement a temporary emergency closure of
a trail, route, or area to pack and saddle stock
animals;
``(D) creates a preference for 1 recreational use
of an area within the National Park System over other
uses without consideration of the stated purpose of the
area; or
``(E) supersedes any other authorizations and
prohibitions in effect on the date of enactment of this
subsection.''.
(b) Bureau of Land Management Land.--Section 302 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1732) is amended by
adding at the end the following:
``(e) Use and Access of Pack and Saddle Animals.--
``(1) In general.--The Secretary shall manage land
administered by the Bureau of Land Management in a manner that
preserves and facilitates the continued use and access of pack
and saddle stock animals on land on which there is a historical
tradition of the use of pack and saddle stock animals.
``(2) Use.--
``(A) In general.--Except as provided in
subparagraph (B), Bureau of Land Management land shall
remain open and accessible to the use of pack and
saddle stock animals.
``(B) Limitation.--
``(i) In general.--The Secretary may
implement a nonemergency reduction in the use
and access of pack and saddle stock animals on
Bureau of Land Management land after complying
with--
``(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
``(II) clauses (ii) through (iv).
``(ii) Public notice and comment.--The
Secretary shall provide to the public advance
notice of proposed reductions in the use and
access of pack and saddle stock animals on
Bureau of Land Management land to allow for
public comment on the proposed reductions.
``(iii) Public meeting.--After providing
advance notice of the location, date, and time
of the meeting, the Secretary shall conduct a
public meeting at an appropriate location close
to the Bureau of Land Management land on which
the reduction in pack and saddle stock access
is proposed.
``(iv) Public collaboration.--To encourage
meaningful public participation with respect to
reductions in the use and access of pack and
saddle stock animals on Bureau of Land
Management land, the Secretary shall facilitate
collaboration among different recreational
users.
``(3) Effect.--Nothing in this subsection--
``(A) authorizes the Secretary to refuse to issue a
permit for a new use of pack and saddle stock animals,
including use by a commercial outfitter or guide,
without complying with applicable resource management
plans and planning processes required under this Act or
any other Federal law;
``(B) alters or limits the authority of the
Secretary to issue permits;
``(C) alters or limits the authority of the
Secretary to implement a temporary, emergency closure
of a trail, route, or area to pack and saddle stock
animals;
``(D) creates a preference for 1 recreational use
for any area under the jurisdiction of the Bureau of
Land Management over other uses without consideration
of the stated purpose of the area;
``(E) supersedes the multiple use authority or
policy of an applicable agency; or
``(F) supersedes any other authorizations and
prohibitions in effect on the date of enactment of this
subsection.''.
(c) National Wildlife Refuge System Land.--Section 4(d) of the
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd(d)) is amended by adding at the end the following:
``(5) Use and access of pack and saddle animals.--
``(A) In general.--The Secretary shall manage the
System in a manner that preserves and facilitates the
continued use and access of pack and saddle stock
animals on System land on which there is a historical
tradition of the use of pack and saddle stock animals.
``(B) Use.--
``(i) In general.--Except as provided in
clause (ii), System land shall remain open and
accessible to the use of pack and saddle stock
animals.
``(ii) Limitation.--
``(I) In general.--The Secretary
may implement a nonemergency reduction
in the use and access of pack and
saddle stock animals on System land
after complying with--
``(aa) the National
Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
and
``(bb) subclauses (II)
through (IV).
``(II) Public notice and comment.--
The Secretary shall provide to the
public advance notice of proposed
reductions in the use and access of
pack and saddle stock animals on System
land to allow for public comment on the
proposed reductions.
``(III) Public meeting.--After
providing advance notice of the
location, date, and time of the
meeting, the Secretary shall conduct a
public meeting at an appropriate
location close to System land on which
the reduction in pack and saddle stock
access is proposed.
``(IV) Public collaboration.--To
encourage meaningful public
participation with respect to
reductions in the use and access of
pack and saddle stock animals on System
land, the Secretary shall facilitate
collaboration among different
recreational users.
``(C) Effect.--Nothing in this paragraph--
``(i) authorizes the Secretary to refuse to
issue a permit for a new use of pack and saddle
stock animals, including use by a commercial
outfitter or guide, without complying with
applicable management plans (including a
comprehensive conservation plan, comprehensive
management plan, master plan, or step-down
management plan) and planning processes
required under this Act or any other Federal
law;
``(ii) alters or limits the authority of
the Secretary to issue permits for a compatible
use that is not inconsistent with public
safety;
``(iii) alters or limits the authority of
the Secretary to implement a temporary,
emergency closure of a trail, route, or area to
pack and saddle stock animals;
``(iv) creates a preference for 1
recreational use within any refuge within the
System without consideration of the mission of
the System and the purposes for which the
refuge was established;
``(v) supersedes the conservation authority
or policy of any applicable agency;
``(vi) supersedes the priority of
applicable agencies for compatible wildlife-
dependent recreational uses; or
``(vii) supersedes any other authorizations
and prohibitions in effect on the date of
enactment of this paragraph.''.
(d) National Forest System Land.--The Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is
amended--
(1) by redesignating section 16 as section 17; and
(2) by inserting after section 15 the following:
``SEC. 16. USE AND ACCESS OF PACK AND SADDLE ANIMALS.
``(a) In General.--The Secretary of Agriculture (referred to in
this section as the `Secretary') shall manage National Forest System in
a manner that preserves and facilitates the continued use and access of
pack and saddle stock animals on National Forest System land on which
there is a historical tradition of the use of pack and saddle stock
animals.
``(b) Use.--
``(1) In general.--Except as provided in paragraph (2),
National Forest System land shall remain open and accessible to
the use of pack and saddle stock animals.
``(2) Limitation.--
``(A) In general.--The Secretary may implement a
nonemergency reduction in the use and access of pack
and saddle stock animals on National Forest System land
after complying with--
``(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); and
``(ii) subparagraphs (B) through (D).
``(B) Public notice and comment.--The Secretary
shall provide to the public advance notice of proposed
reductions in the use and access of pack and saddle
stock animals on National Forest System land to allow
for public comment on the proposed reductions.
``(C) Public meeting.--After providing advance
notice of the location, date, and time of the meeting,
the Secretary shall conduct a public meeting at an
appropriate location close to the unit of the National
Forest System on which the reduction in pack and saddle
stock access is proposed.
``(D) Public collaboration.--To encourage
meaningful public participation with respect to
reductions in the use and access of pack and saddle
stock animals on National Forest System land, the
Secretary shall facilitate collaboration among
different recreational users.
``(c) Effect.--Nothing in this section--
``(1) authorizes the Secretary to refuse to issue a special
use authorization or wilderness permit for a new use of pack
and saddle stock animals, including use by a commercial
outfitter or guide, without complying with applicable land
management plans and planning processes required under this Act
or any other Federal law;
``(2) alters or limits the authority of the Secretary to
issue special use authorizations or wilderness permits;
``(3) alters or limits the authority of the Secretary to
implement a temporary, emergency closure of a trail, route, or
area to pack and saddle stock animals;
``(4) creates a preference for 1 recreational use of an
area within the National Forest System over other uses of the
area;
``(5) supersedes the multiple use authority or policy of an
applicable agency; or
``(6) supersedes any other authorizations and prohibitions
in effect on the date of enactment of this section.''.
(e) Issuance of Policy.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall issue a policy for the Department of the Interior
and the Department of Agriculture, respectively, that defines the term
``historical tradition of the use of pack and saddle stock animals''
for purposes of the amendments made by this section. | Preserving our Equine Heritage on Public Land Act - Provides for: (1) the continued preservation and use of pack and saddle stock animals on public land administered by the National Park Service, and Bureau of Land Management, the United States Fish and Wildlife Service, or the Forest Service on which there is a historical tradition of the use of pack and saddle stock animals; and (2) defining the term "historical tradition of the use of pack and saddle stock animals" for purposes of this Act. | {"src": "billsum_train", "title": "A bill to preserve the use and access of pack and saddle stock animals on public land administered by the National Park Service, and Bureau of Land Management, the United States Fish and Wildlife Service, or the Forest Service on which there is a historical tradition of the use of pack and saddle stock animals."} | 2,849 | 102 | 0.633245 | 1.610678 | 0.696591 | 4.556701 | 27.443299 | 0.886598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rent Reform and Empowerment Act''.
SEC. 2. DETERMINATION OF INCOME AND RENT CHARGES FOR SECTION 8 AND
PUBLIC HOUSING PROGRAMS.
(a) Exclusion of Income Taxes and FICA Tax From Income.--Section
3(b)(5) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)(5)) is amended--
(1) by redesignating subparagraphs (A) through (G) as
subparagraphs (B) through (H), respectively; and
(2) by inserting before subparagraph (B) (as so
redesignated by paragraph (1) of this section) the following
new subparagraph:
``(A) the amount of any Federal, State, and local
income taxes paid by members of the family and the
amount paid by members of the family for the taxes
imposed under section 3101 and 3201(a) of the Internal
Revenue Code of 1986;''.
(b) Option to Exclude Earned Income.--Section 3(b)(5) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b)(5)) is amended by adding
at the end the following new flush sentence:
``At the option of a public housing agency, the agency may (for all
families residing in housing assisted by the agency under this Act)
exclude from consideration as income for purposes of determining any
limitation on the amount of rent paid by a family, all or part of any
increases in the earned income of a family that results from the
employment of a previously unemployed family member; except that such
increases in earned income may be excluded only during the 5-year
period beginning on the employment of the family member.''.
(c) Option to Establish Ceiling Rents.--Section 3(a) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended by adding at
the end the following new paragraph:
``(3) Ceiling Rent Option.--At the option of a public housing
agency, the agency may provide that rental charges be determined as
follows:
``(A) Public housing and certificates.--Notwithstanding
paragraph (1), each family residing in housing assisted by the
agency under this Act (other than units assisted under section
8(o) or (y)) shall pay as monthly rent for the dwelling unit
the lesser of--
``(i) the amount determined under paragraph (1); or
``(ii) 75 percent of--
``(I) the fair market rental for the unit,
in the case of units assisted under section
8(b); and
``(II) the fair market rental established
for comparable units in the market area in
which the dwelling unit is located, in the case
of public housing dwelling units.
``(B) Vouchers.--Notwithstanding section 8(o)(2), for each
family residing in housing assisted by the agency under section
8(o), the monthly assistance payment for the family shall be
the amount by which the payment standard for the area exceeds
the lesser of--
``(i) 30 percent of the family's monthly adjusted
income; or
``(ii) 75 percent of the monthly payment
standard.''.
(d) Option to Freeze Rental Payments.--Section 3(a) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(a)), as amended by
subsection (b), is further amended by adding at the end the following
new paragraph:
``(4) Option to Freeze Rental Payments.--At the option of a public
housing agency, the agency may provide that, with respect only to
families that the agency has determined are engaged in activities that
promote economic independence and self-sufficiency--
``(A) notwithstanding paragraph (1), each such family shall
pay as rent for a dwelling unit assisted by the agency under
section 8(b) and for a public housing dwelling unit of the
agency, during the period in which the family continuously
occupies any units assisted under this Act, the sum of--
``(i) the amount payable as rent by such family
under paragraph (1) upon initial occupancy during such
period in an assisted unit; and
``(ii) the amount determined by the public housing
agency to be attributable to any increase in the cost
of the dwelling unit for such family that occurs after
such initial occupancy, including any increases in the
cost of the unit resulting from inflation, increased
maintenance or operating costs, and occupancy of a more
expensive assisted unit; and
``(B) notwithstanding section 8(o)(2), for each such family
residing in housing assisted by the agency under section 8(o),
the monthly assistance payment for the family during the period
in which the family continuously occupies any units assisted
under this Act shall be the amount by which the payment
standard for the area exceeds the sum of--
``(i) 30 percent of the family's monthly adjusted
income upon initial occupancy during such period in an
assisted unit; and
``(ii) the amount determined by the public housing
agency to be attributable to any increase in the cost
of the dwelling unit for such family that occurs after
such initial occupancy, including any increases in the
cost of the unit resulting from inflation, increased
maintenance or operating costs, and occupancy of a more
expensive assisted unit.''.
(e) Applicability to Indian Housing.--In accordance with section
201(b)(2) of the United States Housing Act of 1937, the provisions of
this section shall apply to public housing developed or operated
pursuant to a contract between the Secretary and an Indian housing
authority.
SEC. 3. PUBLIC HOUSING AUTHORITY MARKET RENT DEMONSTRATION.
(a) Authority.--At the request of a public housing agency or
resident management corporation, the Secretary of Housing and Urban
Development may authorize the agency or corporation to carry out a
demonstration program under this section to determine the feasibility
and desirability of providing public housing agencies and resident
management corporations the authority to establish policies for the
operation, maintenance, management, and development (including
modernization) of public housing projects administered by the agency,
without regard to the requirements under the United States Housing Act
of 1937 applicable to public housing. In establishing such policies,
public housing agencies and resident management corporations shall be
subject to the provisions of any applicable State and local laws.
(b) Required Findings.--The Secretary may authorize a public
housing agency or resident management corporation to carry out a
demonstration program under this section only if the Secretary
determines, with respect to the particular demonstration program,
that--
(1) the program is likely to assist in promoting the
objectives of the United States Housing Act of 1937, encourage
resident empowerment, and reduce poverty in public housing by
improving the means by which economic self-sufficiency may be
achieved;
(2) the program, taken as a whole, will not result in
higher costs to the Federal Government than would be incurred
absent the program;
(3) the results of the program will be evaluated and
reported to the Secretary by independent entities;
(4) no fewer very low-income families will be assisted
under the program than would otherwise have been assisted; and
(5) the program is consistent with the Fair Housing Act,
title VI of the Civil Rights Act of 1964, section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination Act of
1975.
(c) Exceptions to Provisions of United States Housing Act of
1937.--
(1) Mandatory.--Notwithstanding any other provision of law,
during the period of the demonstration program (pursuant to
subsection (i)) section 3(a) of the United States Housing Act
of 1937 (relating to rental amounts for dwelling units in
public housing projects), sections 3(b)(4) and (5) of such Act
(relating to determination of income and adjusted income), and
section 16 of such Act (relating to income eligibility) shall
not apply to any public housing projects involved in a
demonstration program under this section or any families
residing in such projects. Each public housing authority and
resident management corporation carrying out a demonstration
program under this section shall establish rents for dwelling
units in projects involved in the demonstration program at the
discretion of the agency or corporation.
(2) Discretionary.--The Secretary may exempt a public
housing agency or resident management corporation carrying out
a demonstration program under this section from any other
requirements of the United States Housing Act of 1937, and
modify the requirements of such sections and other provisions
with respect to such agencies, that the Secretary determines
are not consistent with the purposes of a demonstration
program.
(d) Income Eligibility.--Not less than 30 percent of the total
number of dwelling units in public housing projects involved in a
demonstration program carried out under this section by a public
housing agency or resident management corporation shall be available
for leasing only to very low-income families.
(e) Effect on Operating Subsidies.--Notwithstanding any requirement
pursuant to section 9 of the United States Housing Act of 1937, the
amount of annual contributions provided for a fiscal year under such
section to any public housing agency or resident management corporation
carrying out a demonstration program in such fiscal year may not exceed
the amount of such annual contributions provided under such section to
the agency or corporation for the last fiscal year concluding before
the commencement of the demonstration program by the agency or
corporation, as adjusted for inflation (as determined by the
Secretary).
(f) Treatment of Families Unable to Pay Rental Charges in Public
Housing.--
(1) Authority to provide section 8 assistance.--
Notwithstanding any other provision of law, in connection with
carrying out a demonstration program under this section a
public housing agency may provide assistance under section 8 of
the United States Housing Act of 1937 (to the extent sufficient
amounts for such assistance are available to such agency) on
behalf of any family that (A) resides in a dwelling unit in a
public housing project involved in the demonstration program
upon the commencement of the demonstration, (B) is otherwise
eligible for such assistance, and (C) under section 3(a)(1) of
such Act would pay as rent for a dwelling unit assisted under
such section an amount that is less than the rental charge for
the public housing dwelling unit under the demonstration
program. Any such assistance provided for such family shall be
subject to the provisions of section 3(a)(1) or 8(o) of such
Act, as applicable.
(2) Use.--Such assistance may be used in connection with
the rental of a public housing dwelling unit or any other
dwelling unit eligible for rental using such assistance.
(3) Preference.--Notwithstanding any other provision of
law, a public housing agency carrying out a demonstration
program under this section may give preference in providing
assistance under such section 8 to families described in
paragraph (1) of this subsection.
(g) Scope of Demonstrations.--In authorizing public housing
agencies and resident management corporations to carry out
demonstration programs under this section, the Secretary shall provide
that the demonstration is carried out with respect to one or more
specific public housing projects.
(h) Number of Demonstrations.--The Secretary may authorize not more
than 50 public housing agencies or resident management corporations to
carry out demonstration programs under this section.
(i) Duration.--A public housing agency or resident management
corporation authorized to carry out a demonstration program under this
section may carry out the demonstration for a period, determined by the
agency or corporation, of not more than 5 years.
(j) Limitation.--The number and duration of demonstration programs
authorized by the Secretary may not exceed the number and duration
necessary to achieve the objectives of this section.
(k) Additional Requirements.--In authorizing a demonstration
program under this section, the Secretary may impose such requirements
on the program as the Secretary considers to be appropriate to further
its purposes.
(l) Reports.--
(1) To secretary.--Each public housing agency and resident
management corporation carrying out a demonstration program
under this section shall submit a report to the Secretary
regarding the demonstration for each year in which the
demonstration is carried out, as shall be required by the
Secretary.
(2) To congress.--Not later than 6 years after the date of
the enactment of this Act, the Secretary shall submit a report
to the Congress describing and evaluating the demonstration
programs carried out under this section.
(m) Definitions.--For purposes of this section:
(1) Public housing.--The terms ``public housing'' and
``project'' have the meanings given such terms in section 3(b)
of the United States Housing Act of 1937.
(2) Public housing agency.--The terms ``public housing
agency'' and ``agency'' have the meanings given the term
``public housing agency'' in section 3(b) of the United States
Housing Act of 1937.
(3) Resident management corporation.--The terms ``resident
management corporation'' and ``corporation'' mean a resident
management corporation established in accordance with
requirements of the Secretary under section 20 of the United
States Housing Act of 1937.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(5) Very low-income families.--The term ``very low-income
families'' has the meaning given the term in section 3(b) of
the United States Housing Act of 1937.
(n) Applicability to Indian Housing.--In accordance with section
201(b)(2) of the United States Housing Act of 1937, the provisions of
this section shall apply to public housing developed or operated
pursuant to a contract between the Secretary and an Indian housing
authority.
SEC. 4. REGULATIONS.
The Secretary may issue any regulations necessary to carry out this
Act and the amendments made by this Act.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 1993. | Rent Reform and Empowerment Act - Amends the United States Housing Act of 1937 to exclude from adjusted income (used to determine rent for assisted housing) the amounts of Federal, State, and local income taxes and social security taxes paid by members of the assisted family.
Authorizes public housing agencies to exclude from consideration as income, for purposes of determining limitations on rent, increases in a family's earned income that result from the employment of a previously unemployed family member. Limits such exclusion to the five-year period beginning on the employment of the family member.
Grants public housing agencies the option to establish rent ceilings for all families and to freeze rental payments for families that are engaged in activities that promote economic independence and self-sufficiency.
Authorizes the Secretary of Housing and Urban Development, at the request of a public housing agency or resident management corporation and under certain conditions, to provide for demonstration programs to determine the feasibility of authorizing such agencies or corporations to establish policies for the operation, maintenance, management, and development of public housing projects without regard to requirements under the United States Housing Act of 1937.
Makes certain provisions of the United States Housing Act of 1937 (concerning rental amounts, determination of income and adjustment income, and income eligibility) inapplicable during the period of a demonstration program. Requires rents to be established at the discretion of the agency or corporation and at least 30 percent of the units involved in the program to be available for very low-income families.
Authorizes agencies to provide Section 8 assistance to families in units involved in demonstration programs subject to certain conditions.
Permits up to 50 agencies and corporations to carry out such programs. Limits programs to five-year periods.
Makes this Act applicable to Indian housing. | {"src": "billsum_train", "title": "Rent Reform and Empowerment Act"} | 3,030 | 374 | 0.596303 | 1.815662 | 0.784926 | 3.362573 | 8.277778 | 0.906433 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Religious Freedom Act of
1997''.
SEC. 2. AMENDMENTS.
(a) Definitions.--Section 701(j) of the Civil Rights Act of 1964
(42 U.S.C. 2000e(j)) is amended--
(1) by inserting ``(1)'' after ``(j)'';
(2) by inserting ``, after initiating and engaging in an
affirmative and bona fide effort,'' after ``unable'';
(3) by striking ``an employee's'' and all that follows
through ``religious'' and insert ``an employee's religious'';
and
(4) by adding at the end the following:
``(2) As used in this subsection, the term `employee' includes a
prospective employee.
``(3) As used in this subsection, the term `undue hardship' means
an accommodation requiring significant difficulty or expense. For
purposes of determining whether an accommodation requires significant
difficulty or expense--
``(A) an accommodation shall be considered to require
significant difficulty or expense if the accommodation will
result in the inability of an employee to perform the essential
functions of the employment position of the employee; and
``(B) other factors to be considered in making the
determination shall include--
``(i) the identifiable cost of the accommodation,
including the costs of loss of productivity and of
retraining or hiring employees or transferring
employees from one facility to another, in relation to
the size and operating cost of the employer;
``(ii) the number of individuals who will need the
particular accommodation to a religious observance or
practice; and
``(iii) for an employer with multiple facilities,
the degree to which the geographic separateness or
administrative or fiscal relationship of the facilities
will make the accommodation more difficult or
expensive.''.
(b) Employment Practices.--Section 703 of such Act (42 U.S.C.
2000e-2) is amended by adding at the end the following:
``(o)(1) As used in this subsection:
``(A) The term `employee' includes a prospective employee.
``(B) The term `leave of general usage' means leave
provided under the policy or program of an employer, under
which--
``(i) an employee may take leave by adjusting or
altering the work schedule or assignment of the
employee according to criteria determined by the
employer; and
``(ii) the employee may determine the purpose for
which the leave is to be utilized.
``(C) The term `undue hardship' has the meaning given the
term in section 701(j)(3).
``(2) For purposes of determining whether an employer has committed
an unlawful employment practice under this title by failing to provide
a reasonable accommodation to the religious observance or practice of
an employee, an accommodation by the employer shall not be deemed to be
reasonable if such accommodation does not remove the conflict between
employment requirements and the religious observance or practice of the
employee.
``(3) An employer shall be considered to commit such a practice by
failing to provide such a reasonable accommodation for an employee if
the employer refuses to permit the employee to utilize leave of general
usage to remove such a conflict solely because the leave will be used
to accommodate the religious observance or practice of the employee.
``(4) It shall not be a defense to a claim of unlawful employment
practice under this title for failure to provide a reasonable
accommodation to a religious observance or practice of an employee that
such accommodation would be in violation of a bona fide seniority
system if, in order for the employer to reasonably accommodate such
observance or practice--
``(A) an adjustment would be made in the employee's work
hours (including an adjustment that requires the employee to
work overtime in order to avoid working at a time that
abstention from work is necessary to satisfy religious
requirements), shift, or job assignment, that would not be
available to any employee but for such accommodation; or
``(B) the employee and any other employee would voluntarily
exchange shifts or job assignments, or voluntarily make some
other arrangement between the employees.
``(5)(A) An employer shall not be required to pay premium wages or
confer premium benefits for work performed during hours to which such
premium wages or premium benefits would ordinarily be applicable, if
work is performed during such hours only to accommodate religious
requirements of an employee.
``(B) As used in this paragraph--
``(i) the term `premium benefit' means an employment
benefit, such as seniority, group life insurance, health
insurance, disability insurance, sick leave, annual leave, an
educational benefit, or a pension, that is greater than the
employment benefit due the employee for an equivalent period of
work performed during the regular work schedule of the
employee; and
``(ii) the term `premium wages' includes overtime pay and
compensatory time off, premium pay for night, weekend, or
holiday work, and premium pay for standby or irregular duty.''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by section 2 take effect on the date of
enactment of this Act.
(b) Application of Amendments.--The amendments made by section 2 do
not apply with respect to conduct occurring before the date of
enactment of this Act. | Workplace Religious Freedom Act of 1997 - Amends the Civil Rights Act of 1964 to modify the definition of "religion" to include all aspects of religious observance, practice, and belief unless, after initiating and engaging in an affirmative and bona fide effort, an employer demonstrates that it is unable to reasonably accommodate a religious observance or practice without undue hardship (action requiring significant difficulty or expense) on the conduct of the employer's business.
Prohibits deeming an accommodation by the employer reasonable if the accommodation does not remove the conflict between employment requirements and the religious observance or practice. Excludes, in certain circumstances, a defense that the accommodation would be in violation of a seniority system. Prohibits requiring payment of premium wages for work performed during hours to which premium wages would ordinarily be applicable if work is performed during those hours only to accommodate religious requirements of an employee. | {"src": "billsum_train", "title": "Workplace Religious Freedom Act of 1997"} | 1,231 | 208 | 0.590365 | 1.620678 | 0.885357 | 3.48503 | 6.91018 | 0.850299 |
That the following sums
are hereby appropriated, out of any money in the Treasury not otherwise
appropriated, and out of applicable corporate or other revenues,
receipts, and funds, for the several departments, agencies,
corporations, and other organizational units of Government for fiscal
year 2018, and for other purposes, namely:
TITLE I
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster relief fund
(including transfers of funds)
For an additional amount for ``Disaster Relief Fund'' for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $18,670,000,000,
to remain available until expended, of which $10,000,000 shall be
transferred to the Department of Homeland Security Office of Inspector
General for audits and investigations related to disasters: Provided,
That the Administrator of the Federal Emergency Management Agency shall
publish on the Agency's website not later than 5 days after an award of
a public assistance grant under section 406 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172) that is
in excess of $1,000,000, the specifics of each such grant award:
Provided further, That for any mission assignment or mission assignment
task order to another Federal department or agency regarding a major
disaster in excess of $1,000,000, not later than 5 days after the
issuance of such mission assignment or mission assignment task order,
the Administrator shall publish on the Agency's website the following:
the name of the impacted State, the disaster declaration for such
State, the assigned agency, the assistance requested, a description of
the disaster, the total cost estimate, and the amount obligated:
Provided further, That not later than 10 days after the last day of
each month until a mission assignment or mission assignment task order
described in the preceding proviso is completed and closed out, the
Administrator shall update any changes to the total cost estimate and
the amount obligated: Provided further, That for a disaster declaration
related to Hurricane Harvey, Hurricane Irma, or Hurricane Maria, the
Administrator shall submit to the Committees on Appropriations of the
House of Representatives and the Senate, not later than 5 days after
the first day of each month beginning after the date of enactment of
this Act, and shall publish on the Agency's website, not later than 10
days after the first day of each such month, an estimate or actual
amount, if available, for the current fiscal year of the cost of the
following categories of spending: public assistance, individual
assistance, operations, mitigation, administrative, and any other
relevant category (including emergency measures and disaster
resources): Provided further, That not later than 10 days after the
first day of each month, the Administrator shall publish on the
Agency's website the report (referred to as the Disaster Relief Monthly
Report) as required by Public Law 114-4.
Of the amounts provided in this Act for the Disaster Relief Fund,
up to $4,900,000,000 may be transferred to the Disaster Assistance
Direct Loan Program Account for the cost of direct loans as authorized
under section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184) to be used to assist local
governments in providing essential services as a result of Hurricanes
Harvey, Irma, or Maria: Provided further, That such amounts may
subsidize gross obligations for the principal amount of direct loans
not to exceed $4,900,000,000 under section 417 of the Stafford Act:
Provided further, That notwithstanding section 417 of the Stafford Act,
a territory or possession, and instrumentalities and local governments
thereof, of the United States shall be deemed to be a local government
for purposes of this paragraph: Provided further, That notwithstanding
section 417(b) of the Stafford Act, the amount of any such loan issued
to a territory or possession, and instrumentalities and local
governments thereof, may be based on the projected loss of tax and
other revenues and on projected cash outlays not previously budgeted
for a period not to exceed 180 days from the date of the major
disaster, and may exceed $5,000,000: Provided further, That
notwithstanding any other provision of law or the constitution of a
territory or possession that limits the issuance of debt, a territory
or possession, and instrumentalities and local governments thereof, may
each receive more than one loan with repayment provisions and other
terms specific to the type of lost tax and other revenues and on
projected unbudgeted cash outlays for which the loan is provided:
Provided further, That notwithstanding section 417(c)(1) of the
Stafford Act, loans to a territory or possession, and instrumentalities
and local governments thereof, may be canceled in whole or in part only
at the discretion of the Secretary of Homeland Security in consultation
with the Secretary of the Treasury: Provided further, That
notwithstanding any other provision of law, the Secretary of Homeland
Security, in consultation with the Secretary of the Treasury, shall
determine the terms, conditions, eligible uses, and timing and amount
of Federal disbursements of loans issued to a territory or possession,
and instrumentalities and local governments thereof: Provided further,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974 (2
U.S.C. 661a): Provided further, That FEMA may transfer up to 1.5
percent of the amount under this paragraph to the Disaster Assistance
Direct Loan Program Account for administrative expenses to carry out
under this paragraph the direct loan program, as authorized by section
417 of the Stafford Act: Provided further, That of the amount provided
under this paragraph for transfer, up to $150,000,000 may be
transferred to the Disaster Assistance Direct Loan Program Account for
the cost to lend a territory or possession of the United States that
portion of assistance for which the territory or possession is
responsible under the cost-sharing provisions of the major disaster
declaration for Hurricanes Irma or Maria, as authorized under section
319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5162): Provided further, That of the amount provided
under this paragraph for transfer, up to $1,000,000 may be transferred
to the Disaster Assistance Direct Loan Program Account for
administrative expenses to carry out the Advance of Non-Federal Share
program, as authorized by section 319 of the Stafford Act.
The amount provided under this heading is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE II
DEPARTMENT OF AGRICULTURE
Forest Service
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$184,500,000, to remain available through September 30, 2021, for
urgent wildland fire suppression operations: Provided, That such funds
shall be solely available to be transferred to and merged with other
appropriations accounts from which funds were previously transferred
for wildland fire suppression in fiscal year 2017 to fully repay those
amounts: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
flame wildfire suppression reserve fund
(including transfer of funds)
For an additional amount for ``FLAME Wildfire Suppression Reserve
Fund'', $342,000,000, to remain available through September 30, 2021,
for necessary expenses for large wildland fire suppression operations
of the Department of Agriculture and as a reserve fund for suppression
and Federal emergency response activities: Provided, That
notwithstanding the FLAME Act of 2009 (43 U.S.C. 1748a(e)), such funds
shall be solely available to be transferred to and merged with other
appropriations accounts from which funds were previously transferred
for wildland fire suppression in fiscal year 2017 to fully repay those
amounts: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
DEPARTMENT OF THE INTERIOR
Department-Wide Programs
wildland fire management
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$50,000,000, to remain available until expended, for urgent wildland
fire suppression activities and funds necessary to repay any transfers
needed for these costs: Provided, That such funds may be available to
be transferred to and merged with other appropriations accounts to
fully repay amounts previously transferred for wildland fire
suppression: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
TITLE III
GENERAL PROVISIONS
Sec. 301. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 302. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 303. The terms and conditions applicable to the funds
provided in this Act, including those provided by this title, shall
also apply to the funds made available in division B of Public Law 115-
56.
Sec. 304. Each amount designated in this Act by the Congress as
being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall
be available only if the President subsequently so designates all such
amounts and transmits such designations to the Congress.
Sec. 305. (a)(1) Not later than December 31, 2017, in accordance
with criteria to be established by the Director of the Office of
Management and Budget (referred to in this section as ``OMB''), each
Federal agency shall submit to OMB, the Government Accountability
Office, the respective Inspector General of each agency, and the
Committees on Appropriations of the House of Representatives and the
Senate internal control plans for funds provided by this Act and
division B of Public Law 115-56.
(2) Not later than March 31, 2018, the Government Accountability
Office shall review for the Committees on Appropriations of the House
of Representatives and the Senate the design of the internal control
plans required by paragraph (1).
(b) All programs and activities receiving funds under this Act
shall be deemed to be ``susceptible to significant improper payments''
for purposes of the Improper Payments Information Act of 2002 (31
U.S.C. 3321 note), notwithstanding section 2(a) of such Act.
(c) Funds for grants provided by this Act or division B of Public
Law 115-56 shall be expended by the grantees within the 24-month period
following the agency's obligation of funds for the grant, unless, in
accordance with guidance to be issued by the Director of OMB, the
Director waives this requirement for a particular grant program and
submits a written justification for such waiver to the Committees on
Appropriations of the House of Representatives and the Senate. In the
case of such grants, the agency shall include a term in the grant that
requires the grantee to return to the agency any funds not expended
within the 24-month period.
Sec. 306. (a) The first proviso under the heading ``Department of
Housing and Urban Development--Community Planning and Development--
Community Development Fund'' in division B of Public Law 115-56 is
amended by striking ``State or unit of general local government'' and
inserting ``State, unit of general local government, or Indian tribe
(as such term is defined in section 102 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302))''.
(b) Amounts repurposed pursuant to subsection (a) that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as being for an emergency
requirement pursuant to section 251(b)(2)(A)(i) of such Act.
Sec. 307. Section 101(a)(7) of division D of Public Law 115-56 is
amended to read as follows:
``(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2017 (division G of Public
Law 115-31), except the language under the heading `FLAME
Wildfire Suppression Reserve Fund' in the Departments of
Agriculture and the Interior.''.
Sec. 308. (a) Notwithstanding sections 1309, 1310, and 1310a of the
National Flood Insurance Act of 1968 (42 U.S.C. 4016-4017a) and section
15(e) of the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)),
and any borrowing agreement entered into between the Department of the
Treasury and the Federal Emergency Management Agency, of the
indebtedness of the Administrator under any notes or other obligations
issued pursuant to section 1309(a) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4016(a)) and section 15(e) of the Federal Insurance
Act of 1956 (42 U.S.C. 2414(e)) that is outstanding as of the date of
the enactment of this Act, an amount of $16,000,000,000 is hereby
canceled. To the extent of the amount canceled, the Administrator and
the National Flood Insurance Fund are relieved of all liability to the
Secretary of the Treasury under any such notes or other obligations,
including for any interest due under such notes and any other fees and
charges payable in connection with such notes, and the total amount of
notes and obligations issued by the Administrator pursuant to such
sections shall be considered to be reduced by such amount for the
purposes of the limitation on such total amount under such section
1309(a).
(b) The amount of the indebtedness canceled under subsection (a)
may be treated as public debt of the United States.
(c)(1) This section is designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(2) The amount provided in this section is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 309. Notwithstanding section 19(a)(2)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2028), not to exceed $1,270,000,000 of
funds made available for the contingency reserve under the heading
``Supplemental Nutrition Assistance Program'' of division A of Public
Law 114-113 shall be available for the Secretary to provide a grant to
the Commonwealth of Puerto Rico for disaster nutrition assistance in
response to the Presidentially declared major disasters and
emergencies: Provided, That funds made available to Puerto Rico under
this section shall remain available for obligation by the Commonwealth
until September 30, 2019, and shall be in addition to funds otherwise
made available: Provided further, That such amount is designated by the
Congress as being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 310. Notwithstanding section 2208(l)(3) of title 10, United
States Code, during fiscal year 2018, the dollar limitation on advance
billing of a customer of a working-capital fund in such section shall
not apply with respect to the advance billing of the Federal Emergency
Management Agency. In the preceding sentence, the term ``advance
billing'' has the meaning given the term in section 2208(l)(4) of title
10, United States Code.
This Act may be cited as the ``Additional Supplemental
Appropriations for Disaster Relief Requirements Act of 2017''. | Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2017 This bill provides $36.5 billion in FY2018 emergency supplemental appropriations to the Federal Emergency Management Agency (FEMA), the Department of Agriculture (USDA), and the Department of the Interior for relief and recovery efforts in response to recent hurricanes and wildfires. For FEMA, the bill provides: (1) $18.67 billion for the Disaster Relief Fund, of which up to $4.9 billion may be transferred to the Community Disaster Loan Program for direct loans to assist local governments in providing essential services as a result of Hurricanes Harvey, Irma, or Maria; and (2) $16 billion in debt relief for the National Flood Insurance Program. The bill also provides $576.5 million to the Forest Service and Interior for wildfire suppression activities. USDA may use up to $1.27 billion of funds previously provided for the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) contingency reserve to provide a grant to Puerto Rico for disaster nutrition assistance in response to the presidentially declared major disasters and emergencies. The bill designates the funds as emergency requirements. (Emergency spending is exempt from discretionary spending limits and other budget enforcement rules.) | {"src": "billsum_train", "title": "Additional Supplemental Appropriations for Disaster Relief Requirements Act of 2017"} | 3,518 | 265 | 0.471615 | 1.391128 | 0.658975 | 2.922414 | 13.672414 | 0.844828 |
SECTION 1. NUCLEAR SECURITY ADMINISTRATION.
(a) In General.--The Department of Energy Organization Act is
amended by inserting after section 212 (42 U.S.C. 7143) the following
new section:
``nuclear security administration
``Sec. 213. (a) There shall be within the Department an agency to
be known as the Nuclear Security Administration, to be headed by an
Administrator, who shall report directly to, and shall be accountable
directly to, the Secretary. The Secretary may not delegate to any
Department official the duty to supervise the Administrator.
``(b)(1) The Under Secretary for National Security shall serve as
the Administrator.
``(2) The Administrator shall be responsible for the executive and
administrative operation of the functions assigned to the
Administration, including functions with respect to (A) the selection,
appointment, and fixing of the compensation of such personnel as the
Administrator considers necessary, (B) the supervision of personnel
employed by or assigned to the Administration, (C) the distribution of
business among personnel and among administrative units of the
Administration, and (D) the procurement of services of experts and
consultants in accordance with section 3109 of title 5, United States
Code. The Secretary shall provide to the Administrator such support and
facilities as the Administrator determines are needed to carry out the
functions of the Administration.
``(c)(1) The personnel of the Administration, in carrying out any
function assigned to the Administrator, shall be responsible to, and
subject to the supervision and direction of, the Administrator and
shall not be responsible to, or subject to the supervision or direction
of, any officer, employee, or agent of any other part of the Department
of Energy.
``(2) For purposes of this subsection, the term `personnel of the
Administration' means each officer or employee within the Department of
Energy, and each officer or employee of any contractor of the
Department, whose--
``(A) responsibilities include carrying out a function
assigned to the Administrator; or
``(B) employment is funded under the Weapons Activities
budget function of the Department.
``(d)(1) The Administrator shall (A) manage a program designed to
ensure the safety and reliability of the nuclear weapons stockpile, (B)
direct the nuclear weapons production facilities and the national
laboratories, and (C) be primarily responsible for other national
security functions of the Department of Energy involving nuclear
weapons research and development.
``(2) The Secretary shall assign to the Administrator direct
authority over, and responsibility for, the nuclear weapons production
facilities and the national laboratories. The functions assigned to the
Administrator with respect to the nuclear weapons production facilities
and the national laboratories shall include authority over, and
responsibility for, the following:
``(A) Strategic management.
``(B) Policy development and guidance.
``(C) Budget formulation and guidance.
``(D) Resource requirements determination and allocation.
``(E) Program management.
``(F) Safeguard and security operations.
``(G) Emergency management.
``(H) Integrated safety management.
``(I) Environment, safety, and health operations.
``(J) Administration of contracts to manage and operate the
nuclear weapons production facilities and the national
laboratories.
``(K) Oversight.
``(L) Relationships within the Department of Energy and
with other Federal agencies, the Congress, State, tribal, and
local governments, and the public.
``(M) Each of the functions described in subsection (f).
``(e) The head of each nuclear weapons production facility and of
each national laboratory shall report directly to, and be accountable
directly to, the Administrator.
``(f) The Administrator may delegate functions assigned under
subsection (d)(2) only within the headquarters office of the
Administrator, except that the Administrator may delegate to the head
of a specified operations office functions including providing or
supporting the following activities at a nuclear weapons production
facility or a national laboratory:
``(1) Operational activities.
``(2) Program execution.
``(3) Personnel.
``(4) Contracting and procurement.
``(5) Facility operations oversight.
``(6) Integration of production and research and
development activities.
``(7) Interaction with other Federal agencies, State,
tribal, and local governments, and the public.
``(g) The head of a specified operations office, in carrying out
any function delegated under subsection (f) to that head of that
specified operations office, shall report directly to, and be
accountable directly to, the Administrator.
``(h) In each annual authorization and appropriation request under
this Act, the Secretary shall identify the portion thereof intended for
the support of the Administration and include a statement by the
Administrator showing (1) the amount requested by the Administrator in
the budgetary presentation to the Secretary and the Office of
Management and Budget, and (2) an assessment of the budgetary needs of
the Administration. Whenever the Administrator submits to the
Secretary, the President, or the Office of Management and Budget any
legislative recommendation or testimony, or comments on legislation
prepared for submission to the Congress, the Administrator shall
concurrently transmit a copy thereof to the appropriate committees of
the Congress.
``(i) This section may not be construed to limit or restrict the
ability of a national laboratory to carry out research and development
activities for an entity within the Department of Energy other than the
Administration or for any other Federal or non-Federal entity.
``(j) As used in this section:
``(1) The term `nuclear weapons production facility' means
any of the following facilities:
``(A) The Kansas City Plant, Kansas City, Missouri.
``(B) The Pantex Plant, Amarillo, Texas.
``(C) The Y-12 Plant, Oak Ridge, Tennessee.
``(D) The tritium operations facilities at the
Savannah River Site, Aiken, South Carolina.
``(E) The Nevada Test Site, Nevada.
``(2) The term `national laboratory' means any of the
following laboratories:
``(A) The Los Alamos National Laboratory, Los
Alamos, New Mexico.
``(B) The Lawrence Livermore National Laboratory,
Livermore, California.
``(C) The Sandia National Laboratories,
Albuquerque, New Mexico, and Livermore, California.
``(3) The term `specified operations office' means any of
the following operations offices of the Department of Energy:
``(A) Albuquerque Operations Office, Albuquerque,
New Mexico.
``(B) Oak Ridge Operations Office, Oak Ridge,
Tennessee.
``(C) Oakland Operations Office, Oakland,
California.
``(D) Nevada Operations Office, Nevada Test Site,
Las Vegas, Nevada.
``(E) Savannah River Operations Office, Savannah
River Site, Aiken, South Carolina.''.
(b) Under Secretary for National Security.--Section 202 of such Act
(42 U.S.C. 7132) is amended by adding at the end the following new
subsection:
``(c)(1) There shall be in the Department an Under Secretary for
National Security, who shall be appointed by the President, by and with
the advice and consent of the Senate, and who shall perform such
functions and duties as the Secretary shall prescribe. Notwithstanding
section 203(a), the Secretary shall assign to the Under Secretary for
National Security the functions described in section 203(a)(5).
``(2) The Under Secretary for National Security shall be a person
who, by reason of professional background and experience, is specially
qualified--
``(A) to manage a program designed to ensure the safety and
reliability of the nuclear weapons stockpile;
``(B) to manage the nuclear weapons production facilities
and the national laboratories; and
``(C) to carry out the functions of the Administrator of
the Nuclear Security Administration.''.
(c) Transition Provision.--The Assistant Secretary assigned the
functions under section 203(a)(5) of such Act on the date before the
date of the enactment of this Act shall serve as the Under Secretary
for National Security until an Under Secretary for National Security is
appointed under section 202(c) of such Act.
(d) Conforming Amendment.--Section 203(a) of such Act is amended by
striking ``eight'' and inserting ``seven''.
(e) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
212 the following new item:
``Sec. 213. Nuclear Security Administration.''. | Directs the Secretary to assign to the Administrator direct authority over and responsibility for the nuclear weapons production facilities and the national laboratories.
Establishes in DOE an Under Secretary for National Security who is specially qualified to: (1) manage a program designed to ensure the safety and reliability of the nuclear weapons stockpile, production facilities, and the national laboratories; and (2) implement the functions of the Administrator of the Nuclear Security Administration. | {"src": "billsum_train", "title": "To amend the Department of Energy Organization Act to establish a Nuclear Security Administration and an Office of Under Secretary for National Security in the Department of Energy."} | 1,851 | 85 | 0.62207 | 1.534943 | 1.207709 | 4.746988 | 22.216867 | 0.939759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caring for an Aging America Act of
2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The projected growth in the number and proportion of
older adults is unprecedented in United States history.
(2) By 2030, the population of the United States aged 65
and older will exceed 70,000,000, about twice the number of
such individuals in 2000.
(3) In the December 2007 final report titled ``From
Isolation to Integration: Recommendations to Improve Quality in
Long-Term Care'' the National Commission for Quality Long-Term
Care reported that there is abundant evidence that the health
and long-term care workforce is not equipped in skills or in
numbers to respond adequately to the aging of the United States
population.
(4) Inadequate training in geriatrics and gerontology often
results in misdiagnoses, medication errors, inappropriate
services, and a lack of care coordination, particularly in
transitions from one setting to another, that are harmful to
older patients and costly to our health and long-term care
system.
(5) Twenty-five percent of medical students report
inadequate amounts of time devoted to geriatric training, 30
percent feel unprepared to care for older adults in acute care
settings, and 42 percent say they are unprepared to care for
frail older people in nursing homes.
(6) Only 3 percent of psychologists view geriatrics as
their primary area of practice and only 28 percent of
psychologists have some graduate training in geriatrics or
gerontology.
(7) Less than 1 percent of nurses are certified
gerontological nurses and only 3 percent of advance practice
nurses specialize in aging.
(8) Only 5 percent of social workers are trained in aging
issues, yet 70 percent of licensed clinical social workers have
worked in some capacity with older adults and their families.
(9) By 2050, the United States will need three times as
many direct care workers in home, community-based, and
facility-based long-term care settings as are employed now to
meet the needs of the baby boom generation.
SEC. 3. GERIATRIC AND GERONTOLOGY LOAN REPAYMENT PROGRAM.
Part E of title VII of the Public Health Service Act (42 U.S.C. 295
et seq.) is amended by adding at the end the following:
``Subpart 3--Strengthening Recruitment and Retention for Geriatric Care
Practice
``SEC. 771. GERIATRIC AND GERONTOLOGY LOAN REPAYMENT PROGRAM.
``(a) Establishment.--The Secretary shall establish a Geriatric and
Gerontology Loan Repayment Program within the Health Resources and
Services Administration to ensure an adequate supply of physicians,
physician assistants, nurse practitioners, clinical nurse specialists,
psychologists, and social workers trained in geriatrics or gerontology
and to reduce critical workforce shortages in geriatric care practice.
``(b) Contracts.--Under the program established under subsection
(a), the Secretary shall enter into contracts with individuals
described in subsection (d) under which the individuals agree to
provide full-time clinical practice and service to older adults for a
minimum of 2 years.
``(c) Payment for Years of Service.--In consideration of the
Federal Government agreeing to pay, for each year of service under a
contract under this section, not more than $35,000 of the principal and
interest of the educational loans of the individual involved for each
of the first 2 years of service, the individual shall carry out
activities in accordance with subsection (d)(4). For subsequent years,
loan repayments of up to $40,000 per year for a third or fourth year of
service may be made available.
``(d) Eligible Individuals.--An individual described in this
subsection is an individual--
``(1) who--
``(A) is a physician, including an osteopathic
physician, who has completed specialty training in
geriatric medicine or geriatric psychiatry;
``(B) is a nurse practitioner or clinical nurse
specialist who has completed specialty training in
geriatrics or gerontology;
``(C) is a physician assistant who has completed
specialty training in geriatrics;
``(D) is a social worker who has completed
specialty training in gerontology;
``(E) is a psychologist who has completed specialty
training in gerontology; or
``(F) otherwise--
``(i) has a degree in medicine, osteopathic
medicine, clinical or counseling psychology
(doctoral degree program), social work
(master's or doctoral degree program), or who
is a certified nurse practitioner, certified
clinical nurse specialist, or physician
assistant; and
``(ii) is enrolled in, or has successfully
completed, an accredited program of specialty
training in geriatric medicine, geriatric
psychiatry, geropsychology, gerontological
social work, gerontological nursing, or
equivalent geriatric care practice (as
determined by the Secretary);
``(2) who has obtained an educational loan for costs
associated with graduate training in medicine, psychology, or
social work, or costs associated with becoming a nurse
practitioner, clinical nurse specialist, or physician
assistant;
``(3) who is appropriately licensed, without restriction
(as determined by the Secretary), in the State in which the
individual practices; and
``(4) who agrees to provide clinical services to older
adults for a period of not less than 2 years in a setting
determined appropriate by the Secretary.
``(e) Applicability of Certain Provisions.--With respect to the
National Health Service Corps Loan Repayment Program established in
subpart III of part D of title III of this Act, the provisions of such
subpart shall, except as inconsistent with this section, apply to the
program established in this section in the same manner and to the same
extent as such provisions apply to the National Health Service Corps
Loan Repayment Program.
``(f) National Advisory Council on the Geriatric and Gerontology
Loan Repayment Program.--
``(1) Establishment.--The Secretary shall establish a
National Advisory Council on the Geriatric and Gerontology Loan
Repayment Program (referred to in this section as the
`Council') that shall be composed of not to exceed 11 members
to be appointed by the Secretary.
``(2) Duties.--The Council shall consult with, advise, and
make recommendations to the Secretary with respect to the
Secretary's administration of the program established under
subsection (a).
``(3) Administrative provisions.--Members of the Council
shall be appointed for a term of 3 years and shall be
representative of the health professions, and professional
associations, that are eligible to enter into agreements under
this section.
``(g) Reports.--Not later than 2 years after the date of the
enactment of this section, and annually thereafter, the Secretary shall
prepare and submit to the appropriate committees of Congress a report
that describes--
``(1) the program established under this section (including
the number and amount of loan repayments, the number and
practice locations of the loan repayment recipients, the
demographics of the individuals participating in the program,
the default rate and actions required upon default, and to the
extent that it can be determined, the reasons for such
defaults);
``(2) how the program interacts with other Federal loan
repayment programs for primary health care professionals; and
``(3) the overall costs and benefits of the program.
``(h) Definition.--In this section:
``(1) Geriatrics.--The term `geriatrics' means the branch
of medicine that deals with the problems and diseases of older
adults and aging.
``(2) Gerontology.--The term `gerontology' means the
multidisciplinary study of the aging process and individuals as
they grow from middle age through later life. Such term
encompasses the social, psychological, biological, and economic
aspects of aging.
``(3) Specialty training.--The term `specialty training'
means coursework in geriatrics and gerontology and clinical
training, including internships or fellowships, in a geriatric
setting.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $4,000,000 for fiscal year
2009, $9,500,000 for fiscal year 2010, $16,000,000 for fiscal year
2011, $24,000,000 for fiscal year 2012, and $30,500,000 for fiscal year
2013.''.
SEC. 4. EXPANSION OF NURSING EDUCATION LOAN REPAYMENT PROGRAM.
Section 846 of the Public Health Service Act (42 U.S.C. 297n) is
amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h), the following:
``(i) Geriatric Care Practice in Long-Term Care Settings.--
``(1) Loan repayments.--In providing for loan repayments
under this section, the Secretary shall ensure that eligible
individuals include registered nurses who complete specialty
training in geriatrics or gerontology and who elect to provide
nursing services to older adults in home and community-based or
facility-based long-term care settings, or any other program
determined appropriate by the Secretary.
``(2) Definition.--In this subsection, the term `specialty
training' means coursework in geriatrics and gerontology and
clinical training, including internships or fellowships, in a
geriatric setting.
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection, $1,500,000 for
fiscal year 2009, $3,000,000 for fiscal year 2010, $5,000,000
for fiscal year 2011, $7,000,000 for fiscal year 2012, and
$8,500,000 for fiscal year 2013.''.
SEC. 5. EXPANSION OF CAREER LADDER PROGRAMS.
Section 831 of the Public Health Service Act (42 U.S.C. 296p) is
amended--
(1) in subsection (c)(1)(A)--
(A) by striking ``to promote career'' and inserting
the following: ``to--
``(i) promote career''; and
(B) by adding at the end the following:
``(ii) focus on specialty training in
providing long-term care services for nursing
personnel (including registered nurses,
licensed practical nurses, licensed vocational
nurses, certified nurse assistants, home health
aides, personal care attendants, or any other
related worker category designated by the
Secretary) who provide services in home and
community-based or facility-based long-term
care settings; and''; and
(2) in subsection (h), by adding at the end the following:
``There is authorized to be appropriated for grants under
subsection (c)(1)(A)(ii), $4,000,000 for fiscal year 2009,
$4,000,000 for each of fiscal years 2010 through 2012, and
$3,500,000 for fiscal year 2013.''.
SEC. 6. HEALTH AND LONG-TERM CARE WORKFORCE ADVISORY PANEL FOR AN AGING
AMERICA.
Subpart 3 of part E of title VII of the Public Health Service Act
(as added by section 2) is further amended by adding at the end the
following:
``SEC. 772. HEALTH AND LONG-TERM CARE WORKFORCE ADVISORY PANEL FOR AN
AGING AMERICA.
``(a) Establishment.--The Secretary, in consultation with the
Secretary of Labor, shall establish a Health and Long-Term Care
Workforce Advisory Panel (referred to in this section as the `Panel')
to--
``(1) examine workforce issues related to health and long-
term care for the aging population; and
``(2) provide advice to each such Secretary and to the
appropriate committees of Congress concerning workforce issues
related to health and long-term care for the aging population.
``(b) Membership.--The Panel shall be composed of not to exceed 20
individuals to be appointed by the Secretary.
``(c) Duties.--The Panel shall--
``(1) analyze the existing geriatric health and long-term
care workforce data infrastructure;
``(2) make recommendations for new or additional uniform
data elements across regions and States that is necessary to
track supply, demand, and workforce shortages related to health
and long-term care for the aging population;
``(3) conduct a research project to identify incentives for
recruitment and retention of new populations of clinicians and
providers who agree to serve vulnerable older adults in
geriatric and long-term care settings and make recommendations
for one or more demonstrations, including the design,
implementation, and evaluation of outcomes; and
``(4) carry out other activities determined appropriate by
the Secretary.
``(d) Focus of Research Project.--In carrying out the research
project under subsection (c)(3), the Secretary, in consultation with
the Panel, shall focus on individuals who are not otherwise eligible
for loan repayment incentives under this title or title VIII, such as
retired military clinicians or other retired health professionals,
health care professionals seeking a mid-career change, and direct care
workers in long-term care settings. To carry out such research project,
the Secretary may award grants or contracts. Eligible entities shall
include State or local government, health professions schools, academic
health centers, and other appropriate public or private non-profit
entities.
``(e) Administrative Provisions.--Members of the Panel shall be
appointed for a term of not to exceed 3 years (as determined by the
Secretary at the time of appointment), shall convene at least twice per
year, and shall be representative of diverse public and private sector
expertise and interests, including representation from the Department
of Health and Human Services (including the Health Resources and
Services Administration, the Agency for Healthcare Research and
Quality, and the Administration on Aging), the Department of Labor
(including the Bureau of Labor Statistics, the Employment and Training
Administration, and the Employment Standards Administration), other
Federal officials as the Secretary determines appropriate, academic
institutions, consumer organizations, national aging advocates, health
professional and paraprofessional associations, organized labor,
nationally-recognized researchers in the area of geriatric care and
long-term care workforce issues, health care and long-term care
associations (including those representing home and community-based and
facility-based settings), and private foundations that have sponsored
initiatives to expand health professionals to care for the aging
population.
``(f) Reports.--Not later than 2 years after the date of the
enactment of this section, and every 2 years thereafter, the Secretary,
based on the advice and recommendations of the Panel, shall submit to
the appropriate committees of Congress a report on the status of the
health professions and long-term care workforce for the aging
population.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $1,500,000 for fiscal year
2009, and such sums as may be necessary for each of the fiscal years
2010 through 2013.''. | Caring for an Aging America Act of 2008 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to: (1) establish a Geriatric and Gerontology Loan Repayment Program to enter into contracts with physicians, physician assistants, nurse practitioners, clinical nurse specialists, psychologists, and social workers trained in geriatrics or gerontology to pay educational loans in exchange for providing full-time clinical practice and service to older adults; and (2) establish the National Advisory Council on the Geriatric and Gerontology Loan Repayment Program.
Requires the Secretary to ensure that individuals eligible for the nurse loan repayment program include registered nurses who complete specialty training in geriatrics or gerontology and who elect to provide nursing services to older adults in home and long-term care settings.
Authorizes the Secretary to award nursing education grants and enter into contracts for programs that focus on specialty training in providing long-term care services for nursing personnel who provide services in home and long-term care settings.
Requires the Secretary to establish a Health and Long-Term Care Workforce Advisory Panel to conduct a research project to identify incentives for recruitment and retention of clinicians and providers who agree to serve vulnerable older adults in geriatric and long-term care settings. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to attract and retain trained health care professionals and direct care workers dedicated to providing quality care to the growing population of older Americans."} | 3,316 | 277 | 0.594632 | 1.734318 | 0.69682 | 5.559322 | 12.927966 | 0.974576 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Day Laborer Fairness and Protection
Act''.
SEC. 2. DEFINITIONS.
In this Act the following definitions apply:
(1) Day laborer.--The term ``day laborer'' means an
individual who contracts for employment with a day labor
service agency.
(2) Day labor.--The term ``day labor'' means labor or
employment that is occasional or irregular for which an
individual is employed for not longer than the time period
required to complete the assignment for which the individual
was hired and in which wage payments are made directly or
indirectly by the day labor service agency or the third party
employer for work undertaken by a day laborer pursuant to a
contract between the day labor service agency with the third
party employer. Day labor does not include labor or employment
of a professional or clerical nature.
(3) Day labor service agency.--The term ``day labor service
agency'' means any person or entity engaged in the business of
employing day laborers to provide services to or for any third
party employer pursuant to a contract with the day labor
service agency and the third party employer.
(4) Department.--The term ``Department'' means the
Department of Labor.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(6) Third party employer.--The term ``third party
employer'' means any person or entity that contracts with a day
labor service agency for the employment of day laborers.
SEC. 3. EQUAL WAGES.
(a) Equal Rate.--A day labor service agency shall provide notice of
the wage rate expected to be paid by each third party employer using
the services of the agency. For a third party employer, such wage rate
shall be the rate that is equal to the rate paid to permanent employees
of such third party employer who are performing substantially
equivalent work, with due consideration given to seniority, experience,
skills and qualifications. A day laborer shall be paid by a third party
employer not less than the wage rate stated in the notice of the agency
for all work performed for the third party employer, including the work
contained in the description issued under section 6.
(b) Wage Reduction.-- An employer who is paying a wage rate
differential in violation of subsection (a) shall not, in order to
comply with subsection (a), reduce the wage rate of any employee.
(c) Agency Processing Delay.--
(1) In general.--If a day labor service agency expends more
than 30 minutes in processing a day laborer's work assignment,
the day labor service agency shall pay the day laborer for any
additional waiting time at a rate that is not less than the
rate in effect under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (20 U.S.C. 206) or the applicable State
minimum wage law whichever is higher.
(2) Limitation.--The time spent in transit to or from the
designated work site or to or from the day labor service agency
shall not be included in computing processing time.
(d) Unpaid Wages.--For purposes of administration and enforcement
of this Act, any amounts owing to any employee that have been withheld
in violation of subsection (a) shall be deemed to be unpaid minimum
wages or unpaid overtime compensation.
(e) Enforcement.--Any employer who violates subsection (a) shall be
liable to any eligible employee affected for damages equal to--
(1) the amount of any wages, salary, employment benefits,
or other compensation denied or lost to such employee by reason
of the violation;
(2) the interest on the amount described in paragraph (1)
calculated at the prevailing rate.
(f) Criminal Provision.--
(1) In general.--Any employer or any agent of an employer,
who, being able to pay wages, final compensation, or wage
supplements and being under a duty to pay, willfully refuses to
pay as provided in subsection (a), or falsely denies the amount
or validity thereof or that the same is due, with intent to secure for
such employer or other person any underpayment of such indebtedness
with intent to annoy, harass, oppress, hinder, delay, or defraud the
person to whom such indebtedness is due, shall be fined under title 18,
United States Code.
(2) Continued Violation.--Each day during which any
violation of subsection (a) continues shall constitute a
separate and distinct offense.
(g) Employer Failure To Pay.--Any employer who has been ordered by
the Secretary or the court to pay wages due an employee and who fails
to do so within 15 days after such order is entered shall be liable to
pay a penalty of 10 percent per calendar day to the day laborer for
each day of delay in paying such wages to the day laborer up to an
amount equal to twice the sum of unpaid wages due the day laborer.
(h) Other Wage Issues.--
(1) In general.--At the time of the payment of wages, a day
labor service agency shall provide each day laborer with an
itemized statement showing in detail each deduction made from
the wages.
(2) Annual statement.--A day labor service agency shall
provide each worker an annual earnings summary within a
reasonable time after the preceding calendar year, but in no
case later than February 1. A day labor service agency shall,
at the time of each wage payment, give notice to day laborers
of the availability of the annual earnings summary or post such
a notice in a conspicuous place in the public reception area.
(3) Payment schedules.--At the request of a day laborer, a
day labor service agency shall hold the daily wages of the day
laborer and make either weekly or semi-monthly payments. The
wages shall be paid in a single check representing the wages
earned during the period for which wage payments are to be
made, as designated by the day laborer. A day labor service
agency that make daily wage payments shall provide written
notification to all day laborers of the right to request weekly
or semi-monthly checks. The day laborer service agency may
provide such notice by conspicuously posting the notice at the
location where the wages are received by the day laborers.
(4) Check cashing.--A day labor service agency may not
charge any day laborer for cashing a check issued by the agency
for wages earned by a day laborer who performed work through
that agency.
(5) Overpayment.--A day laborer shall not be charged fees
for overpayment to them by the day labor agency.
SEC. 4. RIGHTS OF DAY LABORERS.
(a) General Rights.--Any employer, or any agent of an employer, who
knowingly discharges or in any other manner knowingly discriminates
against any day laborer because that day laborer has--
(1) made a complaint to the day laborer's employer, or to
the Secretary or the Secretary's authorized representative,
that the day laborer has not been paid in accordance with
section 3(a),
(2) caused to be instituted any proceeding under or related
to this Act, or
(3) testified or is about to testify in an investigation or
proceeding under this Act,
shall be fined under title 18, United States Code.
(b) Public Access Area.--Each day labor service agency shall
provide adequate seating in the public access area of the offices of
the agency. The public access area shall be the location for the
employment and wage notices required by this Act. The public access
area shall allow for access to restrooms and water.
(c) Work Restriction.--No day labor service agency shall restrict
the right of a day laborer to accept a permanent position with a third
party employer to whom the day laborer has been referred for temporary
work or restrict the right of such third party employer to offer such
employment to a day laborer. Nothing in this subsection shall restrict
a day labor service agency from receiving a placement fee from the
third party employer for employing a day laborer for whom a contract
for temporary work has been effected by the day labor service agency.
SEC. 5. INJURIES.
(a) Health Care Expenses.--If a day laborer is injured while
working, the employer who has requested the services of such day
laborer shall be responsible to pay for the health care costs
associated with the injury unless compensation is available under the
applicable State workmens' compensation law.
(b) Transportation Liability.--A day labor service agency or a
third party employer that transports a day laborer to or from a
designated work site is liable for any injury to a day laborer arising
from any accident that occurs while the day laborer is being
transported to or from the work site.
SEC. 6. NOTIFICATION REQUIREMENTS.
A day labor service agency shall, in the public reception area,
post a list of all employers that are seeking day laborers which shall
include the following:
(1) The name and address of the employer and the address of
the work site if different from that of the employer.
(2) The type of job opportunity for day laborers.
(3) The amount of wages to be paid per hour for the work.
(4) Whether transportation is available, the cost of
transportation, if any, whether the work site is accessible by
public or personal transportation, and the approximate commute
time to the work site. A day labor service agency shall, for
each job opportunity posted, provide a detailed description of
the work which shall include the following:
(A) A detailed description of the work to be
performed by the day laborer, including any
requirements for special attire, accessories, or safety
equipment.
(B) Whether the day laborer will be charged for
using special attire, accessories, or safety equipment.
(C) The exact address of the work site and a
telephone number at which a day laborer can be reached
for emergency purposes. If the location is in a rural
area, the notice must also contain directions to the
work site.
(D) The time of day the work will begin, the time
of day the work will end, and the overtime rate of pay.
(E) Whether a meal is provided, either by the day
labor service agency or the third party employer, and
the cost of the meal, if any. The notices required to
be posted under this section shall be written in
English and any other language that is generally used
in the locale of the day labor service agency.
SEC. 7. EQUITABLE EXPENSES.
(a) Meals.--A day labor service agency or a third party employer
shall not charge a day laborer more than the actual cost of providing a
meal. In no case shall the purchase of a meal be a condition of
employment for a day laborer.
(b) Transportation.--A day labor service agency or a third party
employer shall charge no more than the actual cost to transport a day
laborer to or from the designated work site; except that, the total
cost to each day laborer shall not exceed 3 percent of the day
laborer's daily wages. Any motor vehicle that is owned or operated by
the day labor service agency or a third party employer, or a contractor
of either, which is used for the transportation of day laborers shall
have proof of financial responsibility as provided for in applicable
State insurance laws of the area.
(c) Day Laborer Equipment.--For any safety equipment, clothing,
accessories, or any other items required by the nature of the work,
either by law, custom or as a requirement of the third party employer,
the day labor service agency or the third party employer may charge the
day laborer the market value of the item temporarily provided to the
day laborer by the third party employer if the day laborer fails to
return such items to the third party employer or the day labor service
agency. For any other equipment, clothing, accessories, or any other
items the day labor service agency makes available for purchase, the
day laborer shall not be charged more than the actual market value for
the item.
SEC. 8. AGENCY REGISTRATION.
(a) In General.--A day labor service agency shall register with the
Secretary in accordance with rules adopted by the Secretary for day
labor service agencies and with State departments of labor which
require such registration.
(b) Fees.--The Secretary may assess each day labor agency a
registration fee not exceeding $250.
SEC. 9. DEPARTMENT REQUIREMENTS AND RESPONSIBILITIES.
(a) In General.--The Secretary shall adopt rules and regulations
necessary to implement the provisions of this Act, including provisions
for hearings and imposition of penalties for violations of this Act.
(b) Posting Requirement.--The Secretary shall cause to be posted in
each day labor service agency a notice which informs the public of a
toll-free telephone number for day laborers and the public to file wage
dispute complaints and other alleged violations by day labor service
agencies.
(c) Fines.--The Secretary shall have the authority to fine a day
labor service agency that fails to register with the Department of
Labor in accordance with this Act $1,000 for the first offense and
$5,000 for the second offense.
(d) Suspensions and Revocations.--The Secretary shall have the
authority to suspend or revoke the registration of a day labor service
agency if warranted by public health and safety concerns or violations
of this Act.
(e) Investigations.--The Secretary shall promptly investigate
complaints concerning alleged violations of this Act.
SEC. 10. PREVENTION OF DISCRIMINATION DURING AND AT THE CONCLUSION OF
LABOR DISPUTES.
Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a))
is amended--
(1) by striking the period at the end of paragraph (5) and
inserting ``; or'', and
(2) by adding at the end thereof the following new
paragraph:
``(6)(i) to offer, or to grant, the status of a permanent
replacement employee to an individual for performing bargaining
unit work for the employer during a labor dispute, or
``(ii) to otherwise offer, or grant, an individual any
employment preference based on the fact that such individual
was employed, or indicated a willingness to be employed, during
a labor dispute over an individual who--
``(A) was an employee of the employer at the
commencement of the dispute;
``(B) has exercised the right to join, to assist,
or to engage in other concerted activities for the
purpose of collective bargaining or other mutual aid or
protection through the labor organization involved in
the dispute; and
``(C) is working for, or has unconditionally
offered to return to work for, the employer.''. | Sets forth requirements for: (1) agency payments to day laborers for excessive processing time; (2) civil damages and criminal penalties for certain employer violations; (3) itemized wage statements, annual earnings summaries, and optional payment schedules; (4) no charges for cashing wage payment checks or for overpayments; (5) nondiscrimination; (6) adequate seating, restrooms and water in waiting areas; (7) no restrictions on worker acceptance of permanent positions, but allowance placement fees paid to agencies by employers; (8) health care liability for injuries on the job or in transit; (9) agency notices, including employer lists and descriptions of jobs, wages, and other working conditions; (10) equitable expenses for day laborer meals, transportation, and equipment; (11) agency registration with the Secretary of Labor; and (12) Department of Labor enforcement of this Act.
Amends the National Labor Relations Act to make it an unfair labor practice for employers to offer and grant: (1) permanent replacement employee status or other employment preferences to individuals for performing bargaining unit work for the employer during a labor dispute; or (2) any employment preference based on an individual's being employed, or having indicated a willingness to be employed, during a labor dispute, over any employee who was there at dispute commencement, has exercised rights through the labor organization involved in the dispute, and is working for the employer, or has unconditionally offered to return to such work. | {"src": "billsum_train", "title": "Day Laborer Fairness and Protection Act"} | 3,218 | 298 | 0.488478 | 1.472541 | 0.637659 | 2.259516 | 10.418685 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Protection Not Troll
Protection Act''.
SEC. 2. UNFAIR PRACTICES IN IMPORT TRADE.
(a) In General.--Section 337 of the Tariff Act of 1930 (19 U.S.C.
1337) is amended as follows:
(1) Subsection (a) is amended--
(A) in paragraph (3)--
(i) by striking ``or'' at the end of
subparagraph (B);
(ii) in subparagraph (C), by striking
``engineering, research and development, or
licensing.'' and inserting ``engineering and
research and development; or''; and
(iii) by adding after subparagraph (C) the
following:
``(D) substantial investment in licensing activities that
leads to the adoption and development of articles that
incorporate the patent, copyright, trademark, mask work, or
design.'';
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) and following:
``(4) For purposes of paragraph (3), the complainant may not rely
upon activities by its licensees unless the license leads to the
adoption and development of articles that incorporate the claimed
patent, copyright, trademark, mask work, or design for sale in the
United States.''.
(2) Subsection (b) is amended by adding at the end the
following:
``(4)(A) Whenever a complaint relies, in whole or in part,
on activity falling under subparagraph (C) or (D) of subsection
(a)(3) in order to meet the legal standard set forth in
subsection (a)(3), the Commission may not initiate an
investigation until the Commission has first conducted a
preliminary investigation of whether it is likely that an
industry in the United States exists or is in the process of
being established within the meaning of subsection (a)(2).
``(B) In the preliminary investigation under subparagraph
(A), the complainant's case shall be limited to the assertions
and evidence set forth in the complaint, and confidential
business information contained in the complaint that may be
disclosed under protective order, and the Commission shall
accept additional facts, evidence, and argument from named
respondents and the public.
``(C) The Commission shall render its determination in the
preliminary investigation under this paragraph not later than
45 days after the filing of the complaint. If the Commission
finds that it is not likely that an industry in the United
States exists or is in the process of being established, the
Commission may not initiate an investigation of the matter
alleged in the complaint.''.
(3) Subsection (c) is amended--
(A) by striking the first sentence and inserting
the following: ``The Commission shall determine, with
respect to each investigation conducted by it under
this section, whether or not there is a violation of
this section, except that the Commission--
``(A) may, by issuing a consent order or on the basis of an
agreement between the private parties to the investigation,
including an agreement to present the matter for arbitration,
terminate any such investigation, in whole or in part, without
making such a determination; or
``(B)(i) may determine during the course of the
investigation that the articles under investigation should not
be excluded from entry based upon consideration of the public
interest, including the effect of such exclusion upon the
public health and welfare, competitive conditions in the United
States economy, the production of like or directly competitive
articles in the United States, United States consumers, whether
protected articles in the United States will be protected by an
exclusion order, and whether the complainant or its licensees
can meet market demand for protected articles; and
``(ii) upon a finding under clause (i) that the articles
should not be excluded, shall terminate the investigation, in
whole or in part, without making any further determination.'';
(B) in the second sentence, by striking ``Each
determination'' and inserting the following:
``(2) Each determination''; and
(C) in the third sentence, by striking ``equitable
defenses'' and inserting ``equitable defenses,
including equitable defenses and principles applied to
any remedy considered in United States district
courts,''.
(4) Subsection (d)(1) is amended--
(A) by striking ``considering the effect of such
exclusion upon the public health and welfare,'' and
inserting ``considering equitable defenses and
principles and the effect of such exclusion upon the
public interest, including the public health and
welfare,''; and
(B) by striking ``and United States consumers,''
and inserting ``United States consumers, whether
protected articles in the United States will be
protected by an exclusion order, and whether the
complainant or its licensees can meet market demand for
protected articles,''.
(5) Subsection (e)(1) is amended--
(A) by striking ``considering the effect of such
exclusion upon the public health and welfare,'' and
inserting ``considering equitable defenses and
principles and the effect of such exclusion upon the
public interest, including the public health and
welfare,''; and
(B) by striking ``and United States consumers,''
and inserting ``United States consumers, whether
protected articles in the United States will be
protected by an exclusion order, and whether the
complainant or its licensees can meet market demand for
protected articles,''.
(6) Subsection (f)(1) is amended--
(A) by striking ``considering the effect of such
exclusion upon the public health and welfare,'' and
inserting ``considering equitable defenses and
principles and the effect of such exclusion upon the
public interest, including the public health and
welfare,''; and
(B) by striking ``and United States consumers,''
and inserting ``United States consumers, whether
protected articles in the United States will be
protected by an exclusion order, and whether the
complainant or its licensees can meet market demand for
protected articles,''.
(7) Subsection (g)(1) is amended, in the matter following
subparagraph (E)--
(A) by striking ``considering the effect of such
exclusion upon the public health and welfare,'' and
inserting ``considering equitable defenses and
principles and the effect of such exclusion upon the
public interest, including the public health and
welfare,''; and
(B) by striking ``and United States consumers,''
and inserting ``United States consumers, whether
protected articles in the United States will be
protected by an exclusion order, and whether the
complainant or its licensees can meet market demand for
protected articles,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to complaints filed under section 337 of the Tariff Act of 1930
on or after the date of the enactment of this Act. | Trade Protection Not Troll Protection Act - Amends the Tariff Act of 1930 to revise certain legal standards used to consider whether a domestic industry exists or is in the process of being established with respect to foreign countries that unlawfully import articles into the United States in violation of U.S. infringement laws. Considers an industry to exist if there is in the United States substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design of protected articles. Prohibits a complainant alleging a violation from relying upon activities by its licensees unless the license leads to such adoption and development. Prescribes requirements with respect to U.S. International Trade Commission investigations of alleged violations. | {"src": "billsum_train", "title": "Trade Protection Not Troll Protection Act"} | 1,525 | 170 | 0.560243 | 1.695686 | 0.771294 | 4.274074 | 10.911111 | 0.807407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kisatchie National Forest Land
Conveyance Act''.
SEC. 2. FINDING.
Congress finds that it is in the public interest to authorize the
conveyance of certain Federal land in the Kisatchie National Forest in
the State of Louisiana for market value consideration.
SEC. 3. DEFINITIONS.
In this Act:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) State.--The term ``State'' means the State of
Louisiana.
SEC. 4. AUTHORIZATION OF CONVEYANCES, KISATCHIE NATIONAL FOREST,
LOUISIANA.
(a) Authorization.--
(1) In general.--Subject to valid existing rights and
subsection (b), the Secretary may convey the Federal land
described in paragraph (2) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(2) Description of land.--The Federal land referred to in
paragraph (1) consists of--
(A) all Federal land within sec. 9, T. 10 N., R. 5
W., Winn Parish, Louisiana; and
(B) a 2.16-acre parcel of Federal land located in
the SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish,
Louisiana, as depicted on a certificate of survey dated
March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
(b) First Right of Purchase.--Subject to valid existing rights and
section 6, during the 1-year period beginning on the date of enactment
of this Act, on the provision of consideration by the Collins Camp
Properties to the Secretary, the Secretary shall convey, by quitclaim
deed, to Collins Camp Properties all right, title and interest of the
United States in and to--
(1) not more than 47.92 acres of Federal land comprising
the Collins Campsites within sec. 9, T. 10 N., R. 5 W., in Winn
Parish, Louisiana, as generally depicted on a certificate of
survey dated February 28, 2007, by Glen L. Cannon, P.L.S. 4436;
and
(2) the parcel of Federal land described in subsection
(a)(2)(B).
(c) Terms and Conditions.--The Secretary may--
(1) configure the Federal land to be conveyed under this
Act--
(A) to maximize the marketability of the
conveyance; or
(B) to achieve management objectives; and
(2) establish any terms and conditions for the conveyances
under this Act that the Secretary determines to be in the
public interest.
(d) Consideration.--Consideration for a conveyance of Federal land
under this Act shall be--
(1) in the form of cash; and
(2) in an amount equal to the market value of the Federal
land being conveyed, as determined under subsection (e).
(e) Market Value.--The market value of the Federal land conveyed
under this Act shall be determined--
(1) in the case of Federal land conveyed under subsection
(b), by an appraisal that is--
(A) conducted in accordance with the Uniform
Appraisal Standards for Federal Land Acquisitions; and
(B) approved by the Secretary; or
(2) if conveyed by a method other than the methods
described in subsection (b), by competitive sale.
(f) Hazardous Substances.--
(1) In general.--In any conveyance of Federal land under
this Act, the Secretary shall meet disclosure requirements for
hazardous substances, but shall otherwise not be required to
remediate or abate the substances.
(2) Effect.--Nothing in this section otherwise affects the
application of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) to the conveyances of Federal land.
SEC. 5. PROCEEDS FROM THE SALE OF LAND.
The Secretary shall deposit the proceeds of a conveyance of Federal
land under section 4 in the fund established under Public Law 90-171
(commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
SEC. 6. ADMINISTRATION.
(a) Costs.--As a condition of a conveyance of Federal land to
Collins Camp Properties under section 4, the Secretary shall require
Collins Camp Properties to pay at closing--
(1) reasonable appraisal costs; and
(2) the cost of any administrative and environmental
analyses required by law (including regulations).
(b) Permits.--
(1) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under section 4 shall be
accompanied by a written statement from each holder of a Forest
Service special use authorization with respect to the Federal
land that specifies that the holder agrees to relinquish the
special use authorization on the conveyance of the Federal land
to Collins Camp Properties.
(2) Special use authorizations.--If any holder of a special
use authorization described in paragraph (1) fails to provide a
written authorization in accordance with that paragraph, the
Secretary shall require, as a condition of the conveyance, that
Collins Camp Properties administer the special use
authorization according to the terms of the special use
authorization until the date on which the special use
authorization expires. | Kisatchie National Forest Land Conveyance Act This bill authorizes the Department of Agriculture (USDA) to sell specified federal land in Winn Parish, Louisiana. USDA shall convey a portion of that land to Collins Camp Properties, Inc. | {"src": "billsum_train", "title": "Kisatchie National Forest Land Conveyance Act"} | 1,224 | 53 | 0.613963 | 1.780498 | 0.588149 | 2.268293 | 26.512195 | 0.804878 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) For more than 100 years before 1999, all disabled
military retirees were required to fund their own veterans'
disability compensation by forfeiting $1 of earned retired pay
for each $1 received in veterans' disability compensation.
(2) Since 1999, Congress has enacted legislation every year
to progressively expand eligibility criteria for relief of the
retired pay disability offset and further reduce the burden of
financial sacrifice on disabled military retirees.
(3) Absent adequate funding to eliminate the sacrifice for
all disabled retirees, Congress has given initial priority to
easing financial inequities for the most severely disabled and
for combat-disabled retirees.
(4) In the interest of maximizing eligibility within cost
constraints, Congress effectively has authorized full
concurrent receipt for all qualifying retirees with 100 percent
disability ratings and all with combat-related disability
ratings, while phasing out the disability offset to retired pay
over 10 years for retired members with noncombat-related,
service-connected disability ratings of 50 percent to 90
percent.
(5) In pursuing these good-faith efforts, Congress
acknowledges the regrettable necessity of creating new
thresholds of eligibility that understandably are disappointing
to disabled retirees who fall short of meeting those new
thresholds.
(6) Congress is not content with the status quo.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that military retired pay earned by
service and sacrifice in defending the Nation should not be reduced
because a military retiree is also eligible for veterans' disability
compensation awarded for service-connected disability.
SEC. 3. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--Section
1414(a) of title 10, United States Code, is amended to read as follows:
``(a) Payment of Both Retired Pay and Compensation.--
``(1) In general.--Subject to subsection (b), an individual
who is a qualified retiree for any month is entitled to be paid
both retired pay and veterans' disability compensation for that
month without regard to sections 5304 and 5305 of title 38.
``(2) Qualified retirees.--For purposes of this section, a
qualified retiree, with respect to any month, is a member or
former member of the uniformed services who--
``(A) is entitled to retired pay, other than in the
case of a member retired under chapter 61 of this title
with less than 20 years of service creditable under
section 1405 of this title and less than 20 years of
service computed under section 12732 of this title; and
``(B) is entitled for that month to veterans'
disability compensation.''.
(b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and
Veterans' Disability Compensation.--Section 1414 of title 10, United
States Code, is further amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and
(3) in subsection (d), as redesignated, by striking
subparagraph (4).
(c) Clerical Amendments.--
(1) The heading for section 1414 of title 10, United States
Code, is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is
amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
SEC. 4. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for Tera Retirees.--Section of section 1413a(c) of
title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and all that follows and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and
``(2) has a combat-related disability''.
(b) Amendments to Standardize Similar Provisions.--
(1) Clerical amendment.--The heading for paragraph (3) of
section 1413a(b) of title 10, United States Code, is amended by
striking ``rules'' and inserting ``rule''.
(2) Standardization with crsc rule for chapter 61
retirees.--Section 1414(b) of such title is amended--
(A) by striking ``Special Rules'' and all that
follows through ``is subject to'' in paragraph (1) and
inserting ``Special Rule for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2).
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect as of January 1,
2006, and shall apply to payments for months beginning on or after that
date. | Expresses the sense of Congress that military retired pay should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for a service-connected disability.
Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013.
Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to permit retired servicemembers who have a service-connected disability to receive disability compensation and either retired pay or Combat-Related Special Compensation and to eliminate the phase-in period with respect to such concurrent receipt."} | 1,291 | 141 | 0.604285 | 1.725991 | 0.695599 | 3.503876 | 8.821705 | 0.883721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guaranteeing a United and Resolute
Defense Act of 2003'' or the ``GUARD Act of 2003''.
SEC. 2. FUNDING ASSISTANCE FOR HOMELAND SECURITY ACTIVITIES OF THE
NATIONAL GUARD.
(a) In General.--Chapter 1 of title 32, United States Code, is
amended by inserting after section 112 the following new section:
``Sec. 112a. Homeland security activities
``(a) Funding Assistance.--(1) The Secretary of Defense may provide
funds to the Governor of a State who submits to the Secretary a
homeland security activities plan satisfying the requirements of
subsection (b).
``(2) To be eligible for assistance under this subsection, a State
shall have a homeland security activities plan in effect.
``(3) Any funds provided to a State under this subsection shall be
used for the following:
``(A) Pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses, as authorized by State law, of
personnel of the National Guard of the State for service
performed for the purpose of homeland security while not in
Federal service.
``(B) Operation and maintenance of the equipment and
facilities of the National Guard of the State that are used for
the purpose of homeland security.
``(C) Procurement of services and the purchase or leasing
of equipment for the National Guard of the State for use for
the purpose of homeland security.
``(b) Homeland Security Activities Plan Requirements.--The homeland
security activities plan of a State--
``(1) shall specify how personnel and equipment of the
National Guard of the State are to be used in homeland security
activities and include a detailed explanation of the reasons
why the National Guard should be used for the specified
activities;
``(2) shall describe in detail how any available National
Guard training facilities, including any distance learning
programs and projects, are to be used;
``(3) shall include the Governor's certification that the
activities under the plan are to be conducted at a time when
the personnel involved are not in Federal service;
``(4) shall include the Governor's certification that
participation by National Guard personnel in the activities
under the plan is service in addition to training required
under section 502 of this title;
``(5) shall include a certification by the Attorney General
of the State (or, in the case of a State with no position of
Attorney General, a civilian official of the State equivalent
to a State attorney general) that the use of the National Guard
of the State for the activities proposed under the plan is
authorized by, and is consistent with, State law;
``(6) shall include the Governor's certification that the
Governor or a civilian law enforcement official of the State
designated by the Governor has determined that any activities
to be carried out in conjunction with Federal law enforcement
agencies under the plan serve a State law enforcement purpose;
and
``(7) may provide for the use of personnel and equipment of
the National Guard of that State to assist the Directorate of
Immigration Affairs of the Department of Homeland Security in
the transportation of aliens who have violated a Federal or
State law prohibiting terrorist acts.
``(c) Examination and Approval of Plan.--The Secretary of Defense
shall examine the adequacy of each homeland security activities plan of
a State and, if the plan is determined adequate, approve the plan.
``(d) Annual Report.--(1) The Secretary of Defense shall submit to
Congress each year a report on the assistance provided under this
section during the preceding fiscal year, including the activities
carried out with such assistance.
``(2) The annual report under this subsection shall include the
following:
``(A) A description of the homeland security activities
conducted under the homeland security activities plans with
funds provided under this section.
``(B) An accounting of the funds provided to each State
under this section.
``(C) An analysis of the effects on military training and
readiness of using units and personnel of the National Guard to
perform activities under the homeland security activities
plans.
``(e) Statutory Construction.--Nothing in this section shall be
construed as limiting the authority of any unit of the National Guard
of a State, when such unit is not in Federal service, to perform law
enforcement functions authorized to be performed by the National Guard
by the laws of the State concerned.
``(f) Definitions.--In this section:
``(1) The term `Governor', in the case of the District of
Columbia, means the commanding general of the National Guard of
the District of Columbia.
``(2) The term `homeland security activities', with respect
to the National Guard of a State, means the use of National
Guard personnel, when authorized by the law of the State and
requested by the Governor of the State, to prevent, deter,
defend against, and respond to an attack or threat of attack on
the people and territory of the United States.
``(3) The term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, and the Virgin
Islands.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1 of such title is amended by inserting after the item relating
to section 112 the following new item:
``112a. Homeland security activities.''. | Guaranteeing a United and Resolute Defense Act of 2003 or GUARD Act of 2003 - Authorizes the Secretary of Defense to provide funds to the governor of a State who submits, and receives approval of, a plan for the use of personnel and equipment of the State's National Guard in homeland security activities. Provides authorizes uses of such funding, including: (1) pay, allowances, and clothing; (2) equipment and facilities operation and maintenance; and (3) procurement of related services. | {"src": "billsum_train", "title": "A bill to authorize funding assistance for the States for the discharge of homeland security activities by the National Guard."} | 1,172 | 107 | 0.620615 | 1.526137 | 1.065853 | 3.526316 | 12.126316 | 0.936842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sierra National Forest Land Exchange
Act of 2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Sequoia Council of
the Boy Scouts of America.
(2) Federal land.--The term ``Federal land'' means the parcel
of land comprising 160 acres and located in E\1/2\SW\1/4\ and W\1/
2\SE\1/4\, sec. 30, T. 9 S., R. 25 E., Mt. Diablo Meridian,
California.
(3) Non-federal land.--The term ``non-Federal land'' means a
parcel of land comprising approximately 80 acres and located in
N\1/2\NW\1/4\, sec. 29, T. 8 S., R. 26 E., Mt. Diablo Meridian,
California.
(4) Project no. 67.--The term ``Project No. 67'' means the
hydroelectric project licensed pursuant to the Federal Power Act
(16 U.S.C. 791a et seq.) as Project No. 67.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. LAND EXCHANGE, SIERRA NATIONAL FOREST, CALIFORNIA.
(a) Exchange Authorized.--
(1) In general.--If, during the 1-year period beginning on the
date of enactment of this Act, the owner of the non-Federal land
offers to convey to the United States title to the non-Federal land
and to make a cash equalization payment of $50,000 to the United
States, the Secretary shall convey to the owner of the non-Federal
land, all right, title, and interest of the United States in and to
the Federal land, except as provided in subsection (d), subject to
valid existing rights, and under such terms and conditions as the
Secretary may require.
(2) Correction and modification of legal descriptions.--
(A) In general.--The Secretary, in consultation with the
owner of the non-Federal land, may agree to make corrections to
the legal descriptions of the Federal land and non-Federal
land.
(B) Modifications.--The Secretary and the owner of the non-
Federal land may agree to make minor modifications to the legal
descriptions if the modifications do not affect the overall
value of the exchange by more than 5 percent.
(b) Valuation of Land To Be Conveyed.--For purposes of this
section, during the period referred to in subsection (a)(1)--
(1) the value of the non-Federal land shall be considered to be
$200,000; and
(2) the value of the Federal land shall be considered to be
$250,000.
(c) Administration of Land Acquired by United States.--On
acquisition by the Secretary, the Secretary shall manage the non-
Federal land in accordance with--
(1) the Act of March 1, 1911 (commonly known as the ``Weeks
Act'') (16 U.S.C. 480 et seq.); and
(2) any other laws (including regulations) applicable to the
National Forest System.
(d) Conditions on Conveyance of Federal Land.--The conveyance by
the Secretary under subsection (a) shall be subject to the conditions
that--
(1) the recipient of the Federal land convey all 160 acres of
the Federal land to the Council not later than 120 days after the
date on which the recipient receives title to the Federal land;
(2) in accordance with section 4(a), the Secretary grant to the
owner of Project No. 67 an easement; and
(3) in accordance with section 4(b), the owner of Project No.
67 has the right of first refusal regarding any reconveyance of the
Federal land by the Council.
(e) Disposition and Use of Cash Equalization Funds.--
(1) In general.--The Secretary shall deposit the cash
equalization payment received under subsection (a)(1) in the fund
established by Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a).
(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended, without further
appropriation, for the acquisition of land and any interests in
land for the National Forest System in the State of California.
(f) Cost Collection Funds.--
(1) In general.--The owner of the non-Federal land shall pay to
the Secretary all direct costs associated with processing the land
exchange under this section.
(2) Cost collection account.--
(A) In general.--Any amounts received by the Secretary
under paragraph (1) shall be deposited in a cost collection
account.
(B) Use.--Amounts deposited under subparagraph (A) shall be
available to the Secretary until expended, without further
appropriation, for the costs associated with the land exchange.
(C) Refund.--The Secretary shall provide to the owner of
the non-Federal land a refund of any amounts remaining in the
cost collection account after completion of the land exchange
that are not needed to cover expenses of the land exchange.
(g) Land and Water Conservation Fund.--For purposes of section 7 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Sierra National Forest shall be considered to be
the boundaries of the Sierra National Forest as of January 1, 1965.
SEC. 4. GRANT OF EASEMENT AND RIGHT OF FIRST REFUSAL.
In accordance with the agreement entered into by the Forest
Service, the Council, and the owner of Project No. 67 entitled the
``Agreement to Convey Grant of Easement and Right of First Refusal''
and executed on April 17, 2006--
(1) the Secretary shall grant an easement to the owner of
Project No. 67; and
(2) the Council shall grant a right of first refusal to the
owner of Project No. 67.
SEC. 5. EXERCISE OF DISCRETION.
In exercising any discretion necessary to carry out this Act, the
Secretary shall ensure that the public interest is well served.
SEC. 6. GRANTS TO IMPROVE THE COMMERCIAL VALUE OF FOREST BIOMASS FOR
ELECTRIC ENERGY, USEFUL HEAT, TRANSPORTATION FUELS, AND OTHER
COMMERCIAL PURPOSES.
Section 210(d) of the Energy Policy Act of 2005 (42 U.S.C.
15855(d)) is amended by striking ``$50,000,000 for each of the fiscal
years 2006 through 2016'' and inserting ``$50,000,000 for fiscal year
2006 and $35,000,000 for each of fiscal years 2007 through 2016''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Sierra National Forest Land Exchange Act of 2006 - Directs the Secretary of Agriculture to convey specified federal land in Mt. Diablo Meridian, California, in exchange for certain non-federal land in Mt. Diablo Meridian and a payment of $50,000, if the owner of such land offers to make such exchange during the year following enactment of this Act.
Requires that the recipient of the federal land convey all 160 acres of such land to the Sequoia Council of the Boy Scouts of America within 120 days after the date on which the recipient receives title to that land.
Directs the Secretary to: (1) manage the non-federal land received in accordance with the Weeks Act and any other laws, including regulations, applicable to the National Forest System; and (2) deposit the cash payment received into the fund established by the Sisk Act, to be expended for the acquisition of lands and interests in lands for the National Forest System in California.
Requires that the owner of the non-federal land pay to the Secretary all direct costs associated with processing the land exchange. Requires any such amounts received by the Secretary to be deposited in a cost collection account to be expended for the costs associated with the land exchange. Provides for the refund of any amounts remaining in such account after completion of the land exchange that are not needed to cover the expenses of such exchange.
Considers the boundaries of the Sierra National Forest to be its boundaries as of January 1, 1965.
States that, in accordance with a specified agreement entered into by the Forest Service, the Council, and the owner of the hydroelectric Project No. 67 and executed on April 17, 2006: (1) the Secretary shall grant an easement to the owner of Project No. 67; and (2) the Council shall grant a right of first refusal to that owner.
Requires the Council to provide to the owner of the project, under such terms and conditions as are agreed to by the Council and such owner, a right of first refusal to obtain the federal land, or a portion of such land, that the Council proposes to sell, transfer, or otherwise convey.
Instructs the Secretary, in exercising any discretion necessary to carry out this Act, to ensure that the public interest is well served.
Amends the Energy Policy Act of 2005 to decrease the amount provided for carrying out the Biomass Commercial Use Grant Program and the Improved Biomass Use Grant Program for FY2007-FY2016. | {"src": "billsum_train", "title": "To provide for the exchange of land within the Sierra National Forest, California, and for other purposes."} | 1,558 | 526 | 0.647432 | 2.202668 | 0.662977 | 4.45283 | 2.784067 | 0.909853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Closing the Meal Gap Act of 2016''.
SEC. 2. AMENDMENTS.
(a) Calculation of Program Benefits.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) is amended--
(1) in section 3 (7 U.S.C. 2012)--
(A) by striking subsection (u),
(B) by redesignating subsections (n) through (t) as
subsections (o) through (u), respectively, and
(C) by inserting after subsection (m) the
following:
``(n) `Low-cost food plan' means the diet required to feed a family
of four persons, consisting of a man and a woman nineteen through
fifty, a child six through eight, and a child nine through eleven years
of age, determined in accordance with the Secretary's calculations. The
cost of such diet shall be the basis for uniform allotments for all
households regardless of their actual composition, except that the
Secretary shall--
``(1) make household-size adjustments (based on the
unrounded cost of such diet) taking into account economies of
scale;
``(2) make cost adjustments in the low-cost food plan for
Hawaii and the urban and rural parts of Alaska to reflect the
cost of food in Hawaii and urban and rural Alaska;
``(3) make cost adjustments in the separate low-cost food
plans for Guam, and the Virgin Islands of the United States, to
reflect the cost of food in those States, but not to exceed the
cost of food in the 50 States and the District of Columbia; and
``(4) on October 1, 2017, and each October 1 thereafter,
adjust the cost of the diet to reflect the cost of the diet in
the preceding June, and round the result to the nearest lower
dollar increment for each household size.'',
(2) in section 8(a) (7 U.S.C. 2017(a))--
(A) by striking ``thrifty food plan'' each place it
appears, and inserting ``low-cost food plan'', and
(B) by striking ``8 percent'' and inserting ``10
percent'',
(3) in section 16(c)(1)(A)(ii) (7 U.S.C.
2025(c)(1)(A)(ii))--
(A) in subclause (I) by striking ``for fiscal year
2014, at an amount not greater than $37'' and inserting
``for fiscal year 2017, at an amount not greater than
$50'', and
(B) in subclause (II)--
(i) by striking ``June 30, 2013'' and
inserting ``June 30, 2016'', and
(ii) by striking ``thrifty food plan'' and
inserting ``low-cost food plan'', and
(4) in section 19(a)(2)(A) (7 U.S.C. 2028(a)(2)(A))--
(A) in clause (i) by striking ``and'' at the end,
(B) in clause (ii)--
(i) by striking ``each fiscal year
thereafter'' and inserting ``each of the fiscal
years 2004 through 2016'', and
(ii) by striking the period at the end and
inserting a semicolon, and
(C) by adding at the end the following:
``(iii) for fiscal year 2017,
$2,650,000,000; and
``(iv) subject to the availability of
appropriations under section 18(a), for fiscal
year 2018 and each fiscal year thereafter, the
amount determined under clause (iii), as
adjusted by the percentage by which the low-
cost food plan has been adjusted under section
3(n)(4) between June 30, 2017, and June 30 of
the immediately preceding fiscal year.''.
(b) Standard Medical Expense Deduction.--Section 5(e)(5) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(5)) is amended--
(1) in subparagraph (A) by striking ``an excess medical''
and all that follows through the period at the end, and
inserting ``a standard medical deduction or to a medical
expense deduction of actual costs for the allowable medical
expenses incurred by the elderly or disabled member, exclusive
of special diets.'', and
(2) by adding at the end the following:
``(D) The standard medical expense deduction shall
be equal to $140 for fiscal year 2017, and for each
subsequent fiscal year shall be equal to the applicable
amount for the preceding fiscal year as adjusted to
reflect changes for the 12-month period ending the
preceding June 30 in the Consumer Price Index for All
Urban Consumers: Medical Care published by the Bureau
of Labor Statistics of the Department of Labor, except
that for any such fiscal year the State agency may
establish a greater standard medical expense deduction
that satisfies cost neutrality standards established by
the Secretary for such fiscal year.''.
(c) Elimination of Cap of Excess Shelter Expenses.--Section 5(e)(6)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)) is
amended--
(1) by striking subparagraph (B), and
(2) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
(d) Work Requirement.--Section 6(o)(3) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2015(o)(3)) is amended--
(1) in subparagraph (D) by striking ``or'' at the end,
(2) in subparagraph (E) by striking the period at the end
and inserting ``; or'', and
(3) by adding at end the following:
``(F) not offered a position in a program described
in subparagraph (B) or (C) of paragraph (2).''.
(e) Funding of Employment and Training Programs.--Section
16(h)(1)(E)(ii)(II) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(h)(1)(E)(ii)(II)) is amended by inserting ``subparagraphs (A)
through (E) of'' after ``under''.
(f) Conforming Amendments.--
(1) Food and nutrition act of 2008.--The Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.) is amended--
(A) in section 10 (7 U.S.C. 2019) by striking
``3(p)'' and inserting ``3(q)'',
(B) in section 11 (7 U.S.C. 2012)--
(i) in subsection (a)(2) by striking
``3(t)(1)'' and inserting ``3(u)(1)'', and
(ii) in subsection (d)--
(I) by striking ``3(t)(1)'' each
place it appears and inserting
``3(u)(1)'', and
(II) by striking ``3(t)(2)'' each
place it appears and inserting
``3(u)(2)'',
(C) in section 19(a)(2)(A)(ii) (7 U.S.C.
(a)(2)(A)(ii)) by striking ``3(u)(4)'' and inserting
``3(n)(4)'', and
(D) in section 27(a)(2) (7 U.S.C. 2036(a)(2))--
(i) in subparagraph (C) by striking
``3(u)(4)'' and inserting ``3(n)(4)'', and
(ii) in subparagraph (E) by striking
``3(u)(4)'' and inserting ``3(n)(4)''.
(2) Low-income home energy assistance act of 1981.--Section
2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8624(f)(2)(A)) is amended--
(A) by striking ``5(e)(6)(C)(iv)(I)'' and inserting
``5(e)(6)(B)(iv)(1)'', and
(B) by striking ``(7 U.S.C. 2014(e)(6)(C)(iv)(I))''
and inserting ``(7 U.S.C. 2014(e)(6)(B)(iv)(I))''.
(g) Technical Corrections.--The Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is amended--
(1) in section 5(a) (7 U.S.C. 2014(a)) by striking
``3(n)(4)'' each place it appears and inserting ``3(m)(4)'',
(2) in section 8(f)(1)(A)(i) (7 U.S.C. 2017(f)(1)(A)(i)) by
striking ``3(n)(5)'' and inserting ``3(m)(5)'', and
(3) in section 17(b)(1)(B)(iv)(III)(aa) (7 U.S.C.
2016(b)(1)(B)(iv)(III)(aa)) by striking ``3(n)'' and inserting
``3(m)''.
SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on October 1,
2016.
(b) Application of Amendments.--The amendments made by subsections
(b), (c), and (f)(2) shall not apply with respect to certification
periods that begin before October 1, 2016. | Closing the Meal Gap Act of 2016 This bill amends the Food and Nutrition Act of 2008 to revise the requirements for calculating Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits. The bill increases the minimum SNAP benefit and requires benefits to be calculated using a low-cost food plan. The Department of Agriculture (USDA) must determine the requirements for the low-cost food plan, which is the diet required to feed a family of four, consisting of: a man and a woman 19-50 years of age, a child 6-8 years of age, and a child 9-11 years of age. USDA must make adjustments to the plan to account for household size, changes in the cost of the diet, and the costs of food in specified areas. The bill revises the amounts authorized for nutrition assistance block grants for Puerto Rico and American Samoa and requires the amounts to be modified based on adjustments to the low-cost food plan. The bill modifies the requirements for calculating household income to determine SNAP eligibility by: (1) authorizing a standard medical expense deduction for households containing an elderly or disabled member, and (2) eliminating the cap on the deduction for excess shelter expenses. The bill exempts from SNAP work requirements able-bodied adults without dependents who are not offered a position in a SNAP Employment and Training Program. | {"src": "billsum_train", "title": "Closing the Meal Gap Act of 2016"} | 2,282 | 303 | 0.519608 | 1.611825 | 0.690763 | 2 | 6.530909 | 0.72 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Inflation Protection Act
of 2016''.
SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR
LOSS OF ELIGIBLE INDIVIDUALS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 is amended by redesignating section 1023
as section 1024 and by inserting after section 1022 the following new
section:
``SEC. 1023. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS OF ELIGIBLE INDIVIDUALS.
``(a) In General.--
``(1) Indexed basis substituted for adjusted basis.--Solely
for purposes of determining gain or loss on the sale or other
disposition by an eligible individual of an indexed asset which
has been held by such individual for more than 3 years, the
indexed basis of the asset shall be substituted for its
adjusted basis.
``(2) Exception for depreciation, etc.--The deductions for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(3) Written documentation requirement.--Paragraph (1)
shall apply only with respect to indexed assets for which the
taxpayer has written documentation of the original purchase
price paid or incurred by the taxpayer to acquire such asset.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any indexed asset, any
individual if such individual has attained age 59\1/2\ as of the date
of the sale or other disposition of such asset.
``(c) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) common stock in a C corporation (other than a
foreign corporation), or
``(B) tangible property,
which is a capital asset or property used in the trade or
business (as defined in section 1231(b)).
``(2) Stock in certain foreign corporations included.--For
purposes of this section--
``(A) In general.--The term `indexed asset'
includes common stock in a foreign corporation which is
regularly traded on an established securities market.
``(B) Exception.--Subparagraph (A) shall not apply
to--
``(i) stock of a foreign investment
company,
``(ii) stock in a passive foreign
investment company (as defined in section
1296),
``(iii) stock in a foreign corporation held
by a United States person who meets the
requirements of section 1248(a)(2), and
``(iv) stock in a foreign personal holding
company.
``(C) Treatment of american depository receipts.--
An American depository receipt for common stock in a
foreign corporation shall be treated as common stock in
such corporation.
``(d) Indexed Basis.--For purposes of this section--
``(1) In general.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, increased by
``(B) the applicable inflation adjustment.
``(2) Applicable inflation adjustment.--The applicable
inflation adjustment for any asset is an amount equal to--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the percentage (if any) by which--
``(i) the gross domestic product deflator
for the last calendar quarter ending before the
asset is disposed of, exceeds
``(ii) the gross domestic product deflator
for the last calendar quarter ending before the
asset was acquired by the taxpayer.
The percentage under subparagraph (B) shall be rounded to the
nearest \1/10\ of 1 percentage point.
``(3) Gross domestic product deflator.--The gross domestic
product deflator for any calendar quarter is the implicit price
deflator for the gross domestic product for such quarter (as
shown in the last revision thereof released by the Secretary of
Commerce before the close of the following calendar quarter).
``(e) Suspension of Holding Period Where Diminished Risk of Loss;
Treatment of Short Sales.--
``(1) In general.--If the taxpayer (or a related person)
enters into any transaction which substantially reduces the
risk of loss from holding any asset, such asset shall not be
treated as an indexed asset for the period of such reduced
risk.
``(2) Short sales.--
``(A) In general.--In the case of a short sale of
an indexed asset with a short sale period in excess of
3 years, for purposes of this title, the amount
realized shall be an amount equal to the amount
realized (determined without regard to this paragraph)
increased by the applicable inflation adjustment. In
applying subsection (d)(2) for purposes of the
preceding sentence, the date on which the property is
sold short shall be treated as the date of acquisition
and the closing date for the sale shall be treated as
the date of disposition.
``(B) Short sale period.--For purposes of
subparagraph (A), the short sale period begins on the
day that the property is sold and ends on the closing
date for the sale.
``(f) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(g) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(h) Special Rules.--For purposes of this section--
``(1) Treatment of improvements, etc.--If there is an
addition to the adjusted basis of any tangible property or of
any stock in a corporation during the taxable year by reason of
an improvement to such property or a contribution to capital of
such corporation--
``(A) such addition shall never be taken into
account under subsection (d)(1)(A) if the aggregate
amount thereof during the taxable year with respect to
such property or stock is less than $1,000, and
``(B) such addition shall be treated as a separate
asset acquired at the close of such taxable year if the
aggregate amount thereof during the taxable year with
respect to such property or stock is $1,000 or more.
A rule similar to the rule of the preceding sentence shall
apply to any other portion of an asset to the extent that
separate treatment of such portion is appropriate to carry out
the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--The applicable inflation adjustment shall be
appropriately reduced for periods during which the asset was
not an indexed asset.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(i) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of chapter 1 of such Code is amended by striking the item
relating to section 1023 and by inserting after the item relating to
section 1022 the following new items:
``Sec. 1022. Indexing of certain assets for purposes of determining
gain or loss.
``Sec. 1023. Cross references.''.
(c) Effective Date.--The amendments made by this section shall
apply to indexed assets acquired by the taxpayer after December 31,
2016, in taxable years ending after such date. | Retirement Inflation Protection Act of 2016 This bill amends the Internal Revenue Code to allow the adjusted basis of certain assets (including common stock in a C corporation and tangible property used in a trade or business) to be indexed for inflation for the purpose of determining the gain or loss of individuals who: (1) have held the asset for more than 3 years, and (2) have attained the age of 59-1/2 as of the date of the sale or other disposition of the asset. The bill sets forth rules for applying the inflation adjustment to short sales, dispositions between related persons, and improvements to property or contributions of capital. The Internal Revenue Service may disallow an adjustment if any person transfers cash, debt, or any other property to another person for the principal purpose of securing or increasing the adjustment allowed by this bill. | {"src": "billsum_train", "title": "Retirement Inflation Protection Act of 2016"} | 2,036 | 173 | 0.557694 | 1.463865 | 0.853543 | 2.981818 | 11.224242 | 0.872727 |
SECTION 1. EXPANSION OF OFFSETS AGAINST OVERPAYMENTS.
(a) Offsets Not Limited to Residents of State Seeking Offset.--
Subsection (e) of section 6402 of the Internal Revenue Code of 1986
(relating to collection of past-due legally enforceable State income
tax obligations) is amended by striking paragraph (2) and by
redesignating paragraphs (3) through (7) as paragraphs (2) through (6),
respectively.
(b) Collection of All State and Local Government Tax Obligations.--
(1) In general.--Paragraph (1) of section 6402(e) of such
Code is amended to read as follows:
``(1) In general.--Upon receiving notice from any State or
local government that a named person owes a past-due, legally
enforceable tax obligation to such government, the Secretary
shall, under such conditions as may be prescribed by the
Secretary--
``(A) reduce the amount of any overpayment payable
to such person by the amount of such tax obligation;
``(B) pay the amount by which such overpayment is
reduced under subparagraph (A) to such government and
notify such government of such person's name, taxpayer
identification number, address, and the amount
collected; and
``(C) notify the person making such overpayment
that the overpayment has been reduced by an amount
necessary to satisfy a past-due, legally enforceable
tax obligation.
If an offset is made pursuant to a joint return, the notice
under subparagraph (B) shall include the names, taxpayer
identification numbers, and addresses of each person filing
such return.''
(2) Conforming amendments.--
(A) Subsection (e) of section 6402 of such Code is
amended by striking ``State income tax'' each place it
appears and inserting ``State or local tax''.
(B) The last sentence of paragraph (2) of section
6402(e) of such Code, as redesignated by subsection
(a), is amended by striking ``the State'' and inserting
``the State or local governments of such State''.
(C) Paragraph (3) of section 6402(e) of such Code,
as redesignated by subsection (a), is amended--
(i) by striking the material preceding
subparagraph (A) and inserting the following:
``(3) Notice; consideration of evidence.--No State or local
government may take action under this subsection until such
government--'', and
(ii) by striking ``the State'' in
subparagraphs (A) and (D) and inserting ``such
government''.
(D) Paragraph (4) of section 6402(e) of such Code,
as redesignated by subsection (a), is amended by
striking the last sentence.
(E) Paragraph (5) of section 6402(e) of such Code,
as redesignated by subsection (a), is amended--
(i) by striking ``States'' each place it
appears and inserting ``State and local
governments'', and
(ii) by striking ``State income taxes'' and
inserting ``State or local taxes''.
(F) Paragraph (6) of section 6402(e) of such Code,
as redesignated by subsection (a), is amended--
(i) by striking ``state'' in the heading
and inserting ``state or local government'',
(ii) by striking ``Any State'' and
inserting ``Any State or local government'',
and
(iii) by striking ``such State'' each place
it appears and inserting ``such government''.
(G) Subsection (f) of section 6402 of such Code is
amended by striking ``or State'' and inserting ``,
State, or local government''.
(H) Subsection (h) of section 6402 of such Code is
amended--
(i) by striking ``States'' in the heading
and inserting ``State and Local Governments'',
and
(ii) by striking ``State'' in the text and
inserting ``State or local government''.
(c) Use of First Class Mail on Tax Judgments.--Paragraph (3) of
section 6402(e) of such Code, as redesignated by subsection (a), is
amended by adding at the end the following new flush sentence:
``In the case of a debt described in paragraph (4)(A)(i)(I),
the requirement in subparagraph (A) to use certified mail shall
be treated as met by using first-class mail sent to the
taxpayer's last known address.''
(d) Effective Date.--The amendments made by this section shall
apply to refunds payable after December 31, 2002. | Amends the Internal Revenue Code to expand the offset against overpayments of past-due legally enforceable tax obligations to local as well as State governments. Provides that offsets are not limited to residents of a State seeking the offset. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand the offset against overpayments to include all State and local taxes owed by any person, whether or not a resident of the State seeking the offset, and for other purposes."} | 1,061 | 52 | 0.542825 | 1.297502 | 0.815141 | 2.5 | 23.047619 | 0.880952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean and Coastal Mapping
Integration Act''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
(a) In General.--The President, in coordination with the
Interagency Committee on Ocean and Coastal Mapping and affected coastal
states, shall establish a program to develop a coordinated and
comprehensive Federal ocean and coastal mapping plan for the Great
Lakes and coastal state waters, the territorial sea, the exclusive
economic zone, and the continental shelf of the United States that
enhances ecosystem approaches in decision-making for conservation and
management of marine resources and habitats, establishes research and
mapping priorities, supports the siting of research and other
platforms, and advances ocean and coastal science.
(b) Membership.--The Committee shall be comprised of high-level
representatives of the Department of Commerce, through the National
Oceanic and Atmospheric Administration, the Department of the Interior,
the National Science Foundation, the Department of Defense, the
Environmental Protection Agency, the Department of Homeland Security,
the National Aeronautics and Space Administration, and other
appropriate Federal agencies involved in ocean and coastal mapping.
(c) Program Parameters.--In developing such a program, the
President, through the Committee, shall--
(1) identify all Federal and federally funded programs
conducting shoreline delineation and ocean or coastal mapping,
noting geographic coverage, frequency, spatial coverage,
resolution, and subject matter focus of the data and location
of data archives;
(2) facilitate cost-effective, cooperative mapping efforts
that incorporate policies for contracting with non-governmental
entities among all Federal agencies conducting ocean and
coastal mapping, by increasing data sharing, developing
appropriate data acquisition and metadata standards, and
facilitating the interoperability of in situ data collection
systems, data processing, archiving, and distribution of data
products;
(3) facilitate the adaptation of existing technologies as
well as foster expertise in new ocean and coastal mapping
technologies, including through research, development, and
training conducted among Federal agencies and in cooperation
with non-governmental entities;
(4) develop standards and protocols for testing innovative
experimental mapping technologies and transferring new
technologies between the Federal Government, coastal state, and
non-governmental entities;
(5) provide for the archiving, management, and distribution
of data sets through a national registry as well as provide
mapping products and services to the general public in service
of statutory requirements;
(6) develop data standards and protocols consistent with
standards developed by the Federal Geographic Data Committee
for use by Federal, coastal state, and other entities in
mapping and otherwise documenting locations of federally
permitted activities, living and nonliving coastal and marine
resources, marine ecosystems, sensitive habitats, submerged
cultural resources, undersea cables, offshore aquaculture
projects, offshore energy projects, and any areas designated
for purposes of environmental protection or conservation and
management of living and nonliving coastal and marine
resources;
(7) identify the procedures to be used for coordinating the
collection and integration of Federal ocean and coastal mapping
data with coastal state and local government programs;
(8) facilitate, to the extent practicable, the collection
of real-time tide data and the development of hydrodynamic
models for coastal areas to allow for the application of V-
datum tools that will facilitate the seamless integration of
onshore and offshore maps and charts;
(9) establish a plan for the acquisition and collection of
ocean and coastal mapping data; and
(10) set forth a timetable for completion and
implementation of the plan.
SEC. 3. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING.
(a) In General.--The Administrator of the National Oceanic and
Atmospheric Administration, within 30 days after the date of enactment
of this Act, shall convene or utilize an existing interagency committee
on ocean and coastal mapping to implement section 2.
(b) Membership.--The committee shall be comprised of senior
representatives from Federal agencies with ocean and coastal mapping
and surveying responsibilities. The representatives shall be high-
ranking officials of their respective agencies or departments and,
whenever possible, the head of the portion of the agency or department
that is most relevant to the purposes of this Act. Membership shall
include senior representatives from the National Oceanic and
Atmospheric Administration, the Chief of Naval Operations, the United
States Geological Survey, the Minerals Management Service, the National
Science Foundation, the National Geospatial-Intelligence Agency, the
United States Army Corps of Engineers, the Coast Guard, the
Environmental Protection Agency, the Federal Emergency Management
Agency, the National Aeronautics and Space Administration, and other
appropriate Federal agencies involved in ocean and coastal mapping.
(c) Co-chairmen.--The Committee shall be co-chaired by a
representative of the Department of Commerce and a representative of
the Department of the Interior.
(d) Subcommittee.--The co-chairmen shall establish a subcommittee
to carry out the day-to-day work of the Committee, comprised of senior
representatives of any member agency of the committee. Working groups
may be formed by the full Committee to address issues of short
duration. The subcommittee shall be chaired by the representative from
the National Oceanic and Atmospheric Administration. The chairmen of
the Committee may create such additional subcommittees and working
groups as may be needed to carry out the work of Committee.
(e) Meetings.--The committee shall meet on a quarterly basis, but
each subcommittee and each working group shall meet on an as-needed
basis.
(f) Coordination.--The committee shall coordinate activities when
appropriate, with--
(1) other Federal efforts, including the Digital Coast,
Geospatial One-Stop, and the Federal Geographic Data Committee;
(2) international mapping activities;
(3) coastal states;
(4) user groups through workshops and other appropriate
mechanisms; and
(5) representatives of nongovernmental entities.
(g) Advisory Panel.--The Administrator may convene an ocean and
coastal mapping advisory panel consisting of representatives from
nongovernmental entities to provide input regarding activities of the
committee in consultation with the interagency committee.
SEC. 4. BIENNIAL REPORTS.
No later than 18 months after the date of enactment of this Act,
and biennially thereafter, the co-chairmen of the Committee shall
transmit to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Energy and Natural Resources,
and the House of Representatives Committee on Natural Resources a
report detailing progress made in implementing this Act, including--
(1) an inventory of ocean and coastal mapping data within
the territorial sea and the exclusive economic zone and
throughout the Continental Shelf of the United States, noting
the age and source of the survey and the spatial resolution
(metadata) of the data;
(2) identification of priority areas in need of survey
coverage using present technologies;
(3) a resource plan that identifies when priority areas in
need of modern ocean and coastal mapping surveys can be
accomplished;
(4) the status of efforts to produce integrated digital
maps of ocean and coastal areas;
(5) a description of any products resulting from
coordinated mapping efforts under this Act that improve public
understanding of the coasts and oceans, or regulatory decision-
making;
(6) documentation of minimum and desired standards for data
acquisition and integrated metadata;
(7) a statement of the status of Federal efforts to
leverage mapping technologies, coordinate mapping activities,
share expertise, and exchange data;
(8) a statement of resource requirements for organizations
to meet the goals of the program, including technology needs
for data acquisition, processing, and distribution systems;
(9) a statement of the status of efforts to declassify data
gathered by the Navy, the National Geospatial-Intelligence
Agency, and other agencies to the extent possible without
jeopardizing national security, and make it available to
partner agencies and the public;
(10) a resource plan for a digital coast integrated mapping
pilot project for the northern Gulf of Mexico that will--
(A) cover the area from the authorized coastal
counties through the territorial sea;
(B) identify how such a pilot project will leverage
public and private mapping data and resources, such as
the United States Geological Survey National Map, to
result in an operational coastal change assessment
program for the subregion;
(11) the status of efforts to coordinate Federal programs
with coastal state and local government programs and leverage
those programs;
(12) a description of efforts of Federal agencies to
increase contracting with nongovernmental entities; and
(13) an inventory and description of any new Federal or
federally funded programs conducting shoreline delineation and
ocean or coastal mapping since the previous reporting cycle.
SEC. 5. PLAN.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Administrator, in consultation with the
Committee, shall develop and submit to the Congress a plan for an
integrated ocean and coastal mapping initiative within the National
Oceanic and Atmospheric Administration.
(b) Plan Requirements.--The plan shall--
(1) identify and describe all ocean and coastal mapping
programs within the agency, including those that conduct
mapping or related activities in the course of existing
missions, such as hydrographic surveys, ocean exploration
projects, living marine resource conservation and management
programs, coastal zone management projects, and ocean and
coastal observations and science projects;
(2) establish priority mapping programs and establish and
periodically update priorities for geographic areas in
surveying and mapping across all missions of the National
Oceanic and Atmospheric Administration, as well as minimum data
acquisition and metadata standards for those programs;
(3) encourage the development of innovative ocean and
coastal mapping technologies and applications, through research
and development through cooperative or other agreements with
joint or cooperative research institutes or centers and with
other nongovernmental entities;
(4) document available and developing technologies, best
practices in data processing and distribution, and leveraging
opportunities with other Federal agencies, coastal states, and
nongovernmental entities;
(5) identify training, technology, and other resource
requirements for enabling the National Oceanic and Atmospheric
Administration's programs, vessels, and aircraft to support a
coordinated ocean and coastal mapping program;
(6) identify a centralized mechanism or office for
coordinating data collection, processing, archiving, and
dissemination activities of all such mapping programs within
the National Oceanic and Atmospheric Administration that meets
Federal mandates for data accuracy and accessibility and
designate a repository that is responsible for archiving and
managing the distribution of all ocean and coastal mapping data
to simplify the provision of services to benefit Federal and
coastal state programs; and
(7) set forth a timetable for implementation and completion
of the plan, including a schedule for submission to the
Congress of periodic progress reports and recommendations for
integrating approaches developed under the initiative into the
interagency program.
(c) NOAA Joint Ocean and Coastal Mapping Centers.--The
Administrator may maintain and operate up to 3 joint ocean and coastal
mapping centers, including a joint hydrographic center, which shall
each be co-located with an institution of higher education. The centers
shall serve as hydrographic centers of excellence and may conduct
activities necessary to carry out the purposes of this Act, including--
(1) research and development of innovative ocean and
coastal mapping technologies, equipment, and data products;
(2) mapping of the United States Outer Continental Shelf
and other regions;
(3) data processing for nontraditional data and uses;
(4) advancing the use of remote sensing technologies, for
related issues, including mapping and assessment of essential
fish habitat and of coral resources, ocean observations, and
ocean exploration; and
(5) providing graduate education and training in ocean and
coastal mapping sciences for members of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps,
personnel of other agencies with ocean and coastal mapping
programs, and civilian personnel.
(d) NOAA Report.--The Administrator shall continue developing a
strategy for expanding contracting with nongovernmental entities to
minimize duplication and take maximum advantage of nongovernmental
capabilities in fulfilling the Administration's mapping and charting
responsibilities. Within 120 days after the date of enactment of this
Act, the Administrator shall transmit a report describing the strategy
developed under this subsection to the Senate Committee on Commerce,
Science, and Transportation, the Senate Committee on Energy and Natural
Resources, and the House of Representatives Committee on Natural
Resources.
SEC. 6. EFFECT ON OTHER LAWS.
Nothing in this Act shall be construed to supersede or alter the
existing authorities of any Federal agency with respect to ocean and
coastal mapping.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--In addition to the amounts authorized by section
306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C.
892d), there are authorized to be appropriated to the Administrator to
carry out this Act--
(1) $26,000,000 for fiscal year 2009;
(2) $32,000,000 for fiscal year 2010;
(3) $38,000,000 for fiscal year 2011; and
(4) $45,000,000 for each of fiscal years 2012 through 2015.
(b) Joint Ocean and Coastal Mapping Centers.--Of the amounts
appropriated pursuant to subsection (a), the following amounts shall be
used to carry out section 5(c) of this Act:
(1) $11,000,000 for fiscal year 2009.
(2) $12,000,000 for fiscal year 2010.
(3) $13,000,000 for fiscal year 2011.
(4) $15,000,000 for each of fiscal years 2012 through 2015.
(c) Cooperative Agreements.--To carry out interagency activities
under section 3 of this Act, the head of any department or agency may
execute a cooperative agreement with the Administrator, including those
authorized by section 5 of the Act of August 6, 1947 (33 U.S.C. 883e).
SEC. 8. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Coastal state.--The term ``coastal state'' has the
meaning given that term by section 304(4) of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453(4).
(3) Committee.--The term ``Committee'' means the
Interagency Ocean and Coastal Mapping Committee described in
section 3.
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' means the exclusive economic zone of the United States
established by Presidential Proclamation No. 5030, of March 10,
1983.
(5) Ocean and coastal mapping.--The term ``ocean and
coastal mapping'' means the acquisition, processing, and
management of physical, biological, geological, chemical, and
archaeological characteristics and boundaries of ocean and
coastal areas, resources, and sea beds through the use of
acoustics, satellites, aerial photogrammetry, light and
imaging, direct sampling, and other mapping technologies.
(6) Territorial sea.--The term ``territorial sea'' means
the belt of sea measured from the baseline of the United States
determined in accordance with international law, as set forth
in Presidential Proclamation Number 5928, dated December 27,
1988.
(7) Nongovernmental entities.--The term ``nongovernmental
entities'' includes nongovernmental organizations, members of
the academic community, and private sector organizations that
provide products and services associated with measuring,
locating, and preparing maps, charts, surveys, aerial
photographs, satellite images, or other graphical or digital
presentations depicting natural or manmade physical features,
phenomena, and legal boundaries of the Earth.
(8) Outer continental shelf.--The term ``Outer Continental
Shelf'' means all submerged lands lying seaward and outside of
lands beneath navigable waters (as that term is defined in
section 2 of the Submerged Lands Act (43 U.S.C. 1301)), and of
which the subsoil and seabed appertain to the United States and
are subject to its jurisdiction and control. | Ocean and Coastal Mapping Integration Act - Directs the President to establish a a program to develop a coordinated and comprehensive federal ocean and coastal mapping program for the Great Lakes and coastal state waters, the territorial sea, the exclusive economic zone, and the U.S. continental shelf that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and other platforms, and advances ocean and coastal science.
Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to convene or use an existing interagency committee on ocean and coastal mapping to implement such program and to coordinate federal ocean and coastal mapping and surveying activities with other federal efforts (including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee), international mapping activities, coastal states, user groups, and nongovernmental entities. Authorizes the Administrator to convene an ocean and coastal mapping advisory panel consisting of representatives from nongovernmental entities to provide input regarding activities of the committee.
Directs the Administrator to develop a plan for an integrated ocean and coastal mapping initiative within NOAA that: (1) identifies all ocean and coastal mapping programs within NOAA, establishing priorities; (2) encourages the development of innovative ocean and coastal mapping technologies and applications; and (3) documents available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other federal agencies, coastal states, and nongovernmental entities.
Authorizes the Administrator to establish joint ocean and coastal mapping centers of excellence (including a joint hydrographic center) in institutions of higher education to conduct specified activities, including: (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; and (2) mapping of the U.S. outer continental shelf. Requires the Administrator to continue developing a strategy for expanding contracting with nongovernmental entities. | {"src": "billsum_train", "title": "A bill to establish a coordinated and comprehensive Federal ocean and coastal mapping program."} | 3,409 | 408 | 0.77607 | 2.585419 | 0.896493 | 5.67313 | 8.941828 | 0.963989 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle School Technical Education
Program Act'' or the ``Middle School STEP Act''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds the following:
(1) Career and technical education prepares students to be
college and career ready by providing core academic, technical,
and employability skills.
(2) Eighty percent of students taking a college preparatory
academic curriculum with rigorous career and technical
education courses met college and career readiness goals,
compared to 63 percent of students taking the same academic
core who did not experience rigorous career and technical
education courses.
(3) Students concentrating in career and technical
education improved their 12th grade National Assessment of
Educational Progress scores by 8 points in reading and 11
points in mathematics, while students who took no career and
technical education courses did not increase their mathematics
scores and only increased reading scores by 4 points.
(4) The average high school graduation rate in 2008 for
students concentrating in career and technical education
programs was 90 percent, compared to the average nationwide
high school graduation rate of 75 percent.
(5) Partnerships between businesses and educators help
adults build academic, technical, and employability skills
through education and on-the-job training.
SEC. 3. PURPOSE AND DEFINITIONS.
(a) Purpose.--The purpose of this Act is to support the development
of middle school career exploration programs linked to career and
technical education programs of study.
(b) Definitions.--In this Act:
(1) Career and technical education exploration program.--
The term ``career and technical education exploration program''
means a program that is developed through an organized,
systemic framework and is designed to aid students in making
informed plans and decisions about future education and career
opportunities and enrollment in career and technical education
programs of study.
(2) Eligible partnership.--The term ``eligible
partnership'' means an entity that--
(A) shall include--
(i) not less than 1 local educational
agency that receives funding under section 131
of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2351), or an
area career and technical education school or
educational service agency described in such
section;
(ii) not less than 1 eligible institution
that receives funding under section 132 of the
Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2352); and
(iii) not less than 1 representative of
either a local or regional business, industry,
nonprofit organization, or apprenticeship
program; and
(B) may include other representatives of the
community, including representatives of parents'
organizations, labor organizations, nonprofit
organizations, employers, and representatives of local
workforce development boards (established under
subtitle A of title I of the Workforce Innovation and
Opportunity Act).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. CAREER EXPLORATION PROGRAM DEVELOPMENT GRANTS.
(a) Authorization.--The Secretary shall create a pilot program to
support the establishment of career and technical education exploration
programs. In carrying out the pilot program, the Secretary shall award
grants to eligible partnerships to enable the eligible partnerships to
develop middle school career and technical education exploration
programs that are aligned with career and technical education programs
of study described in section 122(c)(1)(A) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2342(c)(1)(A)).
(b) Grant Duration.--Grants awarded under this Act shall be for a
period of not more than 4 years.
(c) Application.--An eligible partnership seeking a grant under
this section shall submit an application to the Secretary at such time
and in such manner as the Secretary may require. Each application shall
include--
(1) a description of the partner entities comprising the
eligible partnership, the roles and responsibilities of each
partner, and a demonstration of each partner's capacity to
support the program;
(2) a description of how the eligible partnership will use
grant funds to carry out each of the activities described under
subsection (e);
(3) a description of how the middle school career and
technical education exploration program aligns to regional
economies and local emerging workforce needs;
(4) a description of how the new middle school career and
technical education exploration program is linked to--
(A) one or more career and technical education
programs of study offered by the agency or school
described in section 3(b)(2)(A)(i); and
(B) one or more career and technical education
programs of study offered by the postsecondary
institution described in section 3(b)(2)(A)(ii);
(5) a description of the students that will be served by
the middle school career and technical education exploration
program;
(6) a description of how the middle school career and
technical education exploration program funded by the grant
will be replicable;
(7) a description of how the eligible partnership will
disseminate information about best practices resulting from the
middle school career and technical education exploration
program to similar career and technical education programs of
study, including such programs in urban and rural areas;
(8) a description of how the middle school career and
technical education exploration program will be implemented;
(9) a description of how the middle school career and
technical education exploration program will provide
accessibility to students, especially economically
disadvantaged, low-performing, and urban and rural students;
and
(10) a description of how the eligible partnership will
carry out the evaluation required under subsection (f).
(d) Selection of Grantees.--
(1) In general.--The Secretary shall determine, based on
the peer review process described in paragraph (3) and subject
to the requirement in paragraph (4), which eligible partnership
applicants shall receive funding under this Act, and the amount
of the grant funding under this Act that each selected eligible
partnership will receive.
(2) Grant amounts.--In determining the amount of each grant
awarded under this Act, the Secretary shall--
(A) ensure that all grants are of sufficient size,
scope, and quality to be effective; and
(B) take into account the total amount of funds
available for all grants under this Act and the types
of activities proposed to be carried out by the
eligible partnership.
(3) Peer review process.--
(A) Establishment of peer review committee.--The
Secretary shall convene a peer review committee to
review applications for grants under this Act and to
make recommendations to the Secretary regarding the
selection of grantees.
(B) Members of the peer review committee.--The peer
review committee shall include the following members:
(i) Educators who have experience
implementing career and technical education
programs and career exploration programs.
(ii) Experts in the field of career and
technical education.
(4) Rural or small local educational agencies.--The
Secretary shall set aside not less than 5 percent of the funds
made available to award grants under this Act to award grants
to eligible partnerships that include rural or small local
educational agencies, as defined by the Secretary.
(e) Use of Funds.--Each eligible partnership receiving a grant
under this section shall use grant funds to develop and implement a
middle school career and technical education exploration program that--
(1) shall--
(A) include introductory courses or experiential
activities, such as student apprenticeships or other
work-based learning methods, and project-based learning
experiences;
(B) include the implementation of a plan that
demonstrates the transition from the middle school
career and technical education exploration program to a
career and technical education program of study that is
offered by the entity described in section
3(b)(2)(A)(i);
(C) include programs and activities related to the
development of individualized graduation and career
plans for students; and
(D) offer career guidance and academic counseling
that--
(i) provides information about
postsecondary education and career options; and
(ii) provides participating students with
readily available career and labor market
information, such as information about
employment sectors, educational requirements,
information on workforce supply and demand, and
other information on careers that are aligned
to State or local economic priorities; and
(2) may include expanded learning time activities that--
(A) focus on career exploration, including
apprenticeships and internships;
(B) are available to all students in a middle
school; and
(C) take place during a time that is outside of the
standard hours of enrollment for students that are
served by the local educational agency.
(f) Evaluations and Report.--
(1) Evaluation.--
(A) In general.--Each eligible partnership that
receives a grant under this Act shall collect
appropriate data, or otherwise document through records
(in a manner that complies with section 444 of the
General Education Provisions Act (20 U.S.C. 1232g),
commonly known as the ``Family Educational Rights and
Privacy Act of 1974'' and other applicable Federal and
State privacy laws) the information necessary to
conduct an evaluation of grant activities, including an
evaluation of--
(i) the extent of student participation in
the middle school career and technical
education exploration program carried out under
this Act;
(ii) the impact of the middle school career
and technical education exploration program
carried out under this Act on the students'
transition to, or planned participation in,
career and technical programs of study (as
described in section 122(c)(1)(A) of the Carl
D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2342(c)(1)(A)); and
(iii) any other measurable outcomes
specified by the Secretary.
(B) Resources of the eligible partnership.--The
evaluation described in this paragraph shall reflect
the resources and capacity of the local educational
agency, area career and technical education school, or
educational service agency that is part of the eligible
partnership in a manner determined by the Secretary.
(2) Report.--The eligible partnership shall prepare and
submit to the Secretary a report containing the results of the
evaluation described in paragraph (1). | Middle School Technical Education Program Act or the Middle School STEP Act - Directs the Secretary of Education to: create a pilot program for career and technical education exploration programs, and award grants to eligible partnerships (local educational agencies, area career and technical education schools, educational service agencies, and other organizations) to develop a middle school career and technical education exploration program that transition to career and technical education programs of study. | {"src": "billsum_train", "title": "Middle School STEP Act"} | 2,149 | 86 | 0.567086 | 1.376552 | 1.369959 | 3.195122 | 25.256098 | 0.95122 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women Veterans Access to Quality
Care Act of 2015''.
SEC. 2. ESTABLISHMENT OF STRUCTURAL STANDARDS TO MEET GENDER-SPECIFIC
HEALTH CARE NEEDS IN MEDICAL FACILITIES OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Establishment.--
(1) In general.--The Secretary of Veterans Affairs shall
establish standards to ensure that all medical facilities of
the Department of Veterans Affairs have the structural
characteristics necessary to adequately meet the gender-
specific health care needs of veterans at such facilities,
including privacy, safety, and dignity.
(2) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out paragraph (1).
(b) Integration Into Prioritization Methodology.--Not later than
270 days after the date of the enactment of this Act, the Secretary
shall integrate the standards established under subsection (a)(1) into
the prioritization methodology used by the Department under paragraph
(5) of section 8104(b) of title 38, United States Code, with respect to
requests for the funding of major medical facility projects and major
medical facility leases under such section.
(c) Report.--Not later than 450 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the standards established
under subsection (a)(1) that includes the following:
(1) A list of the medical facilities of the Department that
fail to meet such standards.
(2) The minimum total cost of the projects or leases that
would be required to ensure that all medical facilities of the
Department meet such standards.
(3) The number of such projects or leases that qualify as a
major medical facility project or major medical facility lease
under section 8104(a)(3).
(4) Where each such project or lease is located in the
current project prioritization of the Department.
SEC. 3. USE OF HEALTH OUTCOMES FOR WOMEN VETERANS IN EVALUATING THE
PERFORMANCE OF DIRECTORS OF MEDICAL CENTERS OF DEPARTMENT
AND DISCLOSURE OF HEALTH OUTCOMES.
(a) Evaluation of Directors.--The Secretary of Veterans Affairs
shall use health outcomes for women veterans furnished hospital care,
medical services, and other health care by the Department of Veterans
Affairs in evaluating the performance of directors of medical centers
of the Department.
(b) Public Availability.--
(1) In general.--The Secretary shall publish on an Internet
website of the Department available to the public information
on the performance of directors of medical centers of the
Department with respect to health outcomes for women veterans.
(2) Data on health outcomes.--The Secretary shall publish
on an Internet website that is available to the public of each
medical facility of the Department the following:
(A) Data on health outcomes pursuant to key health
outcome metrics at such facility for veterans who are
women.
(B) A comparison of how such data compares to data
on health outcomes pursuant to key health outcome
metrics at such facility for veterans who are men.
(C) Explanatory or clarifying information necessary
for members of the public to understand the data under
subparagraphs (A) and (B).
SEC. 4. INCREASE IN NUMBER OF OBSTETRICIANS AND GYNECOLOGISTS OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Requirement.--Not later than 540 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall ensure
that every medical center of the Department of Veterans Affairs has a
full-time obstetrician or gynecologist.
(b) Pilot Program on Increase of Residency and Medical Education
Positions.--Not later than two years after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall carry out a pilot
program to increase the number of residency program positions and
graduate medical education positions for obstetricians and
gynecologists at medical facilities of the Department of Veterans
Affairs in not less than three Veterans Integrated Service Networks of
the Department.
SEC. 5. PROCEDURES FOR PROVISION OF CERTAIN INFORMATION TO STATE
VETERANS AGENCIES TO FACILITATE THE FURNISHING OF
ASSISTANCE AND BENEFITS TO VETERANS.
(a) Procedures Required.--The Secretary of Veterans Affairs shall
develop procedures to share the information described in subsection (b)
regarding veterans with State veterans agencies in electronic data
format as a means of facilitating the furnishing of assistance and
benefits to veterans.
(b) Covered Information.--The information shared with State
veterans agencies under subsection (a) regarding a veteran shall
include the following:
(1) Military service and separation data.
(2) A personal email address.
(3) A personal telephone number.
(4) A mailing address.
(c) Opt-Out Election.--A veteran may elect to prevent their
information from being shared with State veterans agencies under
subsection (a) pursuant to a process that the Secretary shall establish
for purposes of this subsection.
(d) Use of Information.--The Secretary shall ensure that the
information shared with State veterans agencies in accordance with the
procedures developed under subsection (a) is only shared by such
agencies with county government veterans service offices for such
purposes as the Secretary shall specify for the administration and
delivery of assistance and benefits.
SEC. 6. COMPTROLLER GENERAL REPORT ON ABILITY OF MEDICAL CENTERS OF
DEPARTMENT OF VETERANS AFFAIRS TO MEET HEALTH CARE NEEDS
OF WOMEN VETERANS.
(a) In General.--The Comptroller General of the United States shall
carry out an examination of whether the medical centers of the
Department of Veterans Affairs are able to meet the health care needs
of women veterans.
(b) Elements.--The examination under subsection (a) shall address,
with respect to each medical center of the Department, at a minimum,
the following:
(1) The wait times for women veterans for appointments for
the receipt of hospital care, medical services, or other health
care.
(2) Whether the medical center has a clinic that
specializes in the treatment of women.
(3) The number of full-time obstetricians or gynecologists.
(4) The number of health professionals trained in women's
health.
(5) The extent to which the medical center conducts
regular--
(A) training on issues specific to women's health;
and
(B) sensitivity training.
(6) The differences in health outcomes between men and
women.
(7) The security and privacy measures used in registration,
clinical, and diagnostic areas.
(8) The availability of gender-specific equipment or
procedures.
(9) The extent to which the Center for Women Veterans of
the Department advises and engages with the medical center with
respect to providing health care to women veterans.
(10) The extent to which the medical center implements
directives from the Center for Women Veterans.
(11) The outreach conducted by the Department to women
veterans in the community served by the medical center.
(12) The collaboration between the medical center and non-
Department entities, including veterans service organizations,
to meet the health care needs of women veterans.
(13) The effectiveness of Patient Aligned Care Teams in
meeting the health care needs of women veterans.
(c) Report.--Not later than 270 after the date of the enactment of
this Act, the Comptroller General shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report on the examination carried out
under subsection (a).
(d) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means an organization recognized
by the Secretary for the representation of veterans under section 5902
of title 38, United States Code. | Women Veterans Access to Quality Care Act of 2015 Directs the Department of Veterans Affairs (VA) to: (1) establish standards to ensure that all VA medical facilities have the structural characteristics necessary to adequately meet the gender-specific health care needs of veterans at such facilities, including privacy, safety, and dignity; (2) integrate such standards into its prioritization methodology with respect to requests for funding major medical facility projects and major medical facility leases; and (3) report on such standards, including regarding the facilities that fail to meet such standards and the costs of projects and leases required to meet them. Requires the VA to: (1) use health outcomes for women veterans furnished health care by the the VA in evaluating the performance of VA medical center directors, (2) publish on its website information on such performance and on health outcomes for women veterans for each VA medical facility, (3) ensure that every VA medical center has a full-time obstetrician or gynecologist, and (4) carry out a pilot program to increase the number of residency program positions and graduate medical education positions for obstetricians and gynecologists at VA medical facilities in not less than three Veterans Integrated Service Networks. Directs the VA to develop procedures to share information that includes military service and separation data, personal email addresses and telephone numbers, and mailing addresses of veterans with state veterans agencies in electronic format as a means of facilitating the furnishing of assistance and benefits to such veterans. Allows a veteran to elect to prevent their information from being shared. Directs the Government Accountability Office to carry out an examination of whether VA medical centers are able to meet the health care needs of women veterans. | {"src": "billsum_train", "title": "Women Veterans Access to Quality Care Act of 2015"} | 1,770 | 353 | 0.66723 | 2.040409 | 0.857727 | 4.099379 | 4.89441 | 0.925466 |
SECTION 1. CONVEYANCE OF FACILITIES.
(a) Definitions.--In this section:
(1) Burley.--The term ``Burley'' means the Burley Irrigation
District, an irrigation district organized under the law of the
State of Idaho.
(2) Division.--The term ``Division'' means the Southside
Pumping Division of the Minidoka project, Idaho.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(b) Conveyance.--
(1) In general.--The Secretary shall, without consideration or
compensation except as provided in this section, convey to Burley,
by quitclaim deed or patent, all right, title, and interest of the
United States in and to acquired lands, easements, and rights-of-
way of or in connection with the Division, together with the
pumping plants, canals, drains, laterals, roads, pumps, checks,
headgates, transformers, pumping plant substations, buildings,
transmission lines, and other improvements or appurtenances to the
land or used for the delivery of water from the headworks (but not
the headworks themselves) of the Southside Canal at the Minidoka
Dam and reservoir to land in Burley, including all facilities used
in conjunction with the Division (including the electric
transmission lines used to transmit electric power for the
operation of the pumping facilities of the Division and related
purposes for which the allocable construction costs have been fully
repaid by Burley).
(2) Costs.--The first $80,000 in administrative costs of
transfer of title and related activities shall be paid in equal
shares by the United States and Burley, and any additional amount
of administrative costs shall be paid by the United States.
(c) Water Rights.--
(1) Transfer.--(A) Subject to subparagraphs (B) and (C), the
Secretary shall transfer to Burley, through an agreement among
Burley, the Minidoka Irrigation district, and the Secretary, in
accordance with and subject to the law of the State of Idaho, all
natural flow, waste, seepage, return flow, and groundwater rights
held in the name of the United States--
(i) for the benefit of the Minidoka Project or specifically
for the Burley Irrigation District;
(ii) that are for use on lands within the Burley Irrigation
District; and
(iii) which are set forth in contracts between the United
States and Burley or in the decree of June 20, 1913 of the
District Court of the Fourth Judicial District of the State of
Idaho, in and for the County of Twin Falls, in the case of Twin
Falls Canal Company v. Charles N. Foster, et al., and commonly
referred to as the ``Foster decree''.
(B) Any rights that are presently held for the benefit of lands
within both the Minidoka Irrigation District and the Burley
Irrigation District shall be allotted in such manner so as to
neither enlarge nor diminish the respective rights of either
district in such water rights as described in contracts between
Burley and the United States.
(C) The transfer of water rights in accordance with this
paragraph shall not impair the integrated operation of the Minidoka
Project, affect any other adjudicated rights, or result in any
adverse impact on any other project water user.
(2) Allocation of storage space.--The Secretary shall provide
an allocation to Burley of storage space in Minidoka Reservoir,
American Falls Reservoir, and Palisades Reservoir, as described in
Burley Contract Nos. 14-06-100-2455 and 14-06-W-48, subject to the
obligation of Burley to continue to assume and satisfy its
allocable costs of operation and maintenance associated with the
storage facilities operated by the Bureau of Reclamation.
(d) Project Reserved Power.--The Secretary shall continue to
provide Burley with project reserved power from the Minidoka
Reclamation Power Plant, Palisades Reclamation Power Plant, Black
Canyon Reclamation Power Plant, and Anderson Ranch Reclamation Power
Plant in accordance with the terms of the existing contracts, including
any renewals thereof as provided in such contracts.
(e) Savings.--
(1) Nothing in this Act or any transfer pursuant thereto shall
affect the right of Minidoka Irrigation District to the joint use
of the gravity portion of the Southside Canal, subject to
compliance by the Minidoka Irrigation District with the terms and
conditions of a contract between Burley and Minidoka Irrigation
District, and any amendments or changes made by agreement of the
irrigation districts.
(2) Nothing in this Act shall affect the rights of any person
or entity except as may be specifically provided herein.
(f) Liability.--Effective on the date of conveyance of the project
facilities, described in section (1)(b)(1), the United States shall not
be held liable by any court for damages of any kind arising out of any
act, omission, or occurrence relating to the conveyed facilities,
except for damages caused by acts of negligence committed by the United
States or by its employees, agents, or contractors prior to the date of
conveyance. Nothing in this section shall be deemed to increase the
liability of the United States beyond that currently provided in the
Federal Tort Claims Act (28 U.S.C. 2671 et seq.).
(g) Completion of Conveyance.--
(1) In general.--The Secretary shall complete the conveyance
under subsection (b) (including such action as may be required
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.)) not later than 2 years after the date of enactment of
this Act.
(2) Report.--The Secretary shall provide a report to the
Committee on Resources of the United States House of
Representatives and to the Committee on Energy and Natural
Resources of the United States Senate within eighteen months from
the date of enactment of this Act on the status of the transfer,
any obstacles to completion of the transfer as provided in this
section, and the anticipated date for such transfer.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of the Interior to convey to Burley Irrigation District, by quitclaim deed or patent, acquired lands, easements, and rights-of-way of the Southside Pumping Division of the Minidoka Project, Idaho, together with improvements or appurtenances to the land or used for the delivery of water from the headworks of the Southside Canal at the Minidoka Dam and reservoir to the land within the District, including all facilities used in conjunction with the Division (including the electric transmission lines used for the operation of the pumping facilities of the Project for which allocable construction costs have been fully repaid). Requires the first $80,000 in administrative costs of such transfer and related activities to be equally shared between the United States and the District, with any additional adminstrative costs to be paid by the United States.
Requires the Secretary to transfer to the District all natural flow, waste, seepage, return flow and groundwater rights held by the United States: (1) for the benefit of the Project or the District; (2) for use on the land within the District; and (3) which are set forth in contracts between the United States and the District or in the Foster decree.
Directs the Secretary to provide an allocation of storage space in Minidoka, American Falls, and Palisades reservoirs to the District in accordance with the terms of specified contracts, subject to the requirement that the District continue to assume its allocable costs of operation and maintenance associated with such storage facilities.
Requires the Secretary to continue to provide the District with project reserve power from specified power plants.
States that this Act shall not affect the right of Minidoka Irrigation District to joint use of the gravity portion of the Southside Canal.
Requires the Secretary to complete the transfer no later than two years after the enactment of this Act. Requires a report from the Secretary to specified congressional committees on the status of the transfer, any transfer obstacles, and the anticipated transfer completion date. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to convey certain facilities of the Minidoka project to the Burley Irrigation District, and for other purposes."} | 1,402 | 439 | 0.733285 | 2.690619 | 0.895283 | 4.123684 | 3.184211 | 0.939474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Voter Opportunity To Inform
Congress Effectively on Term Limits Act'' (the ``VOICE Act'').
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the right of citizens of the United States to vote is a
fundamental right;
(2) the right of citizens of the United States to have an
effective voice in the decisionmaking processes of the Congress
is grounded in the right to petition and is a fundamental part
of American democracy, and Congress should provide an
opportunity for citizens to express their views on important
public issues;
(3) there is an increasing public sentiment and demand for
limiting the terms of members of Congress; and
(4) voters in 15 States have already voted and approved
State laws to limit the terms of their congressional
delegations, and voters in other States have expressed their
interest in also having the opportunity to also vote on term
limits for members of Congress.
(b) Purposes.--The purposes of this Act are--
(1) to give the citizens of every State the opportunity to
have a voice on whether or not the terms of members of Congress
should be limited; and
(2) to conduct a national non binding referendum on term
limits in the 1994 general election, thereby affording an
opportunity to study the feasibility of conducting national non
binding referenda on other important issues in the future.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``advisory question'' means the question
stated in section 4(b);
(2) the term ``general election'' means an election for
Federal office held in 1994;
(3) the term ``Federal office'' means the office of a
member of the House of Representatives, Senate, or Delegate to
the Congress, or resident commissioner of a territory of the
United States; and
(4) the term ``State election agency'' means the official
agency of a State or territory charged with the legal
responsibility for conducting general elections within that
jurisdiction.
SEC. 4. PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS
EFFECTIVELY ON TERM LIMITS NON BINDING REFERENDUM.
(a) In General.--Each State shall place on the general election
ballot the advisory question concerning term limits for members of
Congress.
(b) Advisory Question.--Not later than August 1, 1994, the Clerk of
the House of Representatives and the Secretary of the Senate shall
jointly certify to the appropriate State election agencies for
inclusion on the general election ballot in each congressional
district, the following question:
``national advisory referendum on term limits
``Should Congress propose a constitutional amendment to limit the
number of terms that a Member of the United States House of
Representatives and United States Senator can serve in office?
``Yes No''.
(c) Transmission of Certified Results to the Congress, All Members,
and Committees on the Judiciary.--The results of each State's non
binding referendum on the advisory question shall be certified by the
State election agency to the Clerk of the House of Representatives and
the Secretary of the Senate in the same manner and at the same time of
the certification of election of members of the House of
Representatives and Senate for the general election. The results shall
be certified by county, congressional district, and statewide totals.
The Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate, in light of the results of
the non binding referendum, shall examine whether the Congress should
propose an amendment to the Constitution providing for term limits and
submit their recommendations for response to the House of
Representatives and Senate within 6 months after the general election.
(d) Comments Regarding Procedures for Future Non Binding
Referenda.--Not later than 90 days after the general election, the
State election agencies shall forward to the Clerk of the House of
Representatives and the Secretary of the Senate their comments or
suggestions regarding changes or improvements in procedures for
conducting national non binding referenda in future general elections.
All such comments shall be referred to the Committee on the Judiciary
of the House of Representatives and the Committee on the Judiciary of
the Senate.
(e) Reimbursement of Costs.--The costs of including the advisory
question required by this Act shall be reimbursed by the United States
upon submission by the State election agency of the actual costs of
conducting the non binding referendum in the State. All reimbursements
to State election agencies for the costs of conducting the non binding
referendum shall be made from the franking accounts of the Congress,
with equal amounts drawn from the franking accounts of the House of
Representatives and the Senate to reimburse the States for such
expenses. The Clerk of the House of Representatives and the Secretary
of the Senate shall be responsible for ensuring the proper application
for and reimbursement of such expenses. | National Voter Opportunity To Inform Congress Effectively on Term Limits Act (VOICE Act) - Requires the Clerk of the House of Representatives and the Secretary of the Senate to certify to appropriate State agencies for inclusion on the 1994 general election ballot in each congressional district a national advisory referendum that asks whether the Congress should propose a constitutional amendment to limit the number of terms that a Member of Congress can serve in office. Requires each State to place such question on the ballot.
Requires the results of each State's non-binding referendum on the advisory question to be certified by the State election agency to the Clerk of the House and the Secretary of the Senate in the manner and at the same time of the certification of election of Members of the Congress for the general election. Requires the House and Senate Judiciary Committees, in light of the non binding referendum results, to examine whether the Congress should propose an amendment to the Constitution providing for term limits and submit their recommendations for response to the Congress within six months after the general election.
Requires the State election agencies to forward to the Clerk of the House and the Secretary of the Senate their comments or suggestions regarding changes or improvements in procedures for conducting national non-binding referenda in future general elections.
Requires: (1) the costs of including the advisory question required by this Act to be reimbursed by the United States upon submission by the State election agency of the actual costs of conducting the non-binding referendum in the State; and (2) such reimbursements to be made from the franking accounts of the Congress divided equally between the two Houses. Makes the Clerk of the House and the Secretary of the Senate responsible for ensuring the proper application for and reimbursement of such expenses. | {"src": "billsum_train", "title": "National Voter Opportunity To Inform Congress Effectively on Term Limits Act"} | 1,072 | 375 | 0.62754 | 1.867388 | 0.805299 | 5.343195 | 2.976331 | 0.934911 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Credit Cost Reduction Act of 1999''.
SEC. 2. EXEMPTION FOR COMMUNICATIONS INVOLVING LEGAL PROCEEDINGS.
Section 803(2) of the Fair Debt Collection Practices Act (15 U.S.C.
1692a(2)) is amended by adding at the end the following new sentence:
``Such term does not include actions taken pursuant to the Federal
Rules of Civil Procedure; in the case of a proceeding in a State court,
the rules of civil procedure available under the laws of such State; or
a nonjudicial foreclosure.''.
SEC. 3. COLLECTION ACTIVITY FOLLOWING INITIAL NOTICE.
Section 809 of the Fair Debt Collection Practices Act (15 U.S.C.
1692(g)) is amended by adding at the end the following new subsection:
``(d) Continuation During Period.--Collection activities and
communications may continue during the 30-day period described in
subsection (a) unless the consumer requests the cessation of such
activities.''.
SEC. 4. LIABILITY FOR NONCOMPLIANCE.
(a) Clarification of Limitation on Class Action Awards.--Section
813(a)(2)(B) of the Fair Debt Collection Practices Act (15 U.S.C.
1692k(a)(2)(B)) is amended--
(1) by inserting ``or any series of class actions arising
out of the same violations by the same debt collector'' after
``case of a class action''; and
(2) by inserting ``of such class action or series of class
actions'' after ``all other class members''.
(b) Attorneys Fees To Enforce Civil Liability.--Paragraph (3) of
section 813(a) of the Fair Debt Collection Practices Act (15 U.S.C.
1692k(a)) is amended to read as follows:
``(3) subject to subsection (f), in the case of a
successful action to enforce a liability under paragraph (1) or
(2), the costs of the action, including reasonable attorney's
fees, as determined by the court, in an amount not to exceed
the amount awarded in such action under the applicable
paragraph.''.
(c) Factors for Consideration.--Section 813(b) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692k(b)) is amended--
(1) in the portion of such subsection which precedes
paragraph (1), by striking ``liability in any action'' and
inserting ``any award''; and
(2) by striking paragraph (1) and inserting the following
new paragraph:
``(1) in any action under subsection (a)(2)(A), the
frequency and persistence of noncompliance by the debt
collector, the nature of such noncompliance, the extent to
which the such noncompliance was intentional, and the amount of
actual damages awarded; or''.
(d) Bona Fide Errors.--Section 813(c) of the Fair Debt Collection
Practices Act (15 U.S.C. 1692k(c)) is amended--
(1) by striking ``(c) A debt collector may not'' and
inserting ``(c) Bona Fide Errors.--
``(1) In general.--A debt collector may not''; and
(2) by adding at the end the following new paragraph:
``(2) Reliance on rules of civil procedure.--A debt
collector may not be held liable in any action brought under
this title if the debt collector shows by a preponderance of
the evidence that the violation resulted from good faith
compliance with the Federal Rules of Civil Procedure; in the
case of a proceeding in a State court, the rules of civil
procedure available under the laws of such State; or a
nonjudicial foreclosure proceeding.''.
SEC. 5. MORTGAGE SERVICERS' REGULATORY BURDEN RELIEF.
(a) In General.--The Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) is amended--
(1) by redesignating section 818 as section 819; and
(2) by inserting after section 817 the following new
section:
``Sec. 818. Mortgage servicer exemption
``(a) Exemption.--Any servicer of federally related mortgage loans
secured by first liens--
``(1) who is a debt collector; and
``(2) for whom the collection of delinquent debts is
secondary to the servicer's primary function of servicing
federally related mortgage loans,
shall be exempt from the requirements of sections 807(11) and 809 in
connection with the collection of any debt which is a federally related
mortgage loan secured by a first lien.
``(b) Validation Statement.--If a debt collector is exempt,
pursuant to subsection (a), from the requirements of section 809 with
respect to any federally related mortgage loan to a consumer which is
secured by a first lien, the servicer shall provide to the consumer, at
least 30 days before any acceleration of the debt and without charge to
such consumer--
``(A) a notice of the consumer's right to receive a
validation statement; or
``(B) a validation statement.
``(2) Qualified validation requests.--
``(A) Response to request.--If a servicer described
in paragraph (1) provides a consumer with a notice
under subparagraph (A) of such paragraph, the servicer
shall provide such consumer with a validation statement
not more than 10 days after receiving a qualified
validation request from such consumer.
``(B) No delay required.--No provision of this
title shall be construed as requiring a servicer
described in paragraph (1) to delay acceleration,
foreclosure, or any other action with respect to a
federally related mortgage loan for which the servicer
provided a notice to the consumer under paragraph
(1)(A) due to the receipt by such servicer of a
qualified validation request from such consumer.
``(C) Receipt and handling of requests.--A servicer
described in paragraph (1) may establish a separate and
exclusive office for the receipt and handling of any
qualified validation request from any consumer under
this subsection if the servicer provides notice of that
fact and the address of the office to the consumer--
``(i) in the notice provided to such
consumer pursuant to paragraph (1)(A); or
``(ii) separately by 1st class mail with
prepaid postage.
``(3) Reasonable estimates of 3d party charges.--A servicer
described in paragraph (1) shall not be liable under this title
for any inaccurate amount contained in a validation statement
provided to a consumer with respect to a federally related
mortgage loan secured by a first lien to the extent the
inaccurate amount--
``(A) relates to costs for services to be provided
by third parties; and
``(B) constitutes a reasonable estimate of such
costs.
``(c) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Federally related mortgage loan.--The term `federally
related mortgage loan' has the meaning given to such term in
section 3(1) of the Real Estate Settlement Procedures Act of
1974.
``(2) Qualified validation request.--The term `qualified
validation request' means a written request for a validation
statement from a consumer to a servicer which--
``(A) includes the name and account number of the
consumer or such other information as may be necessary
to allow the servicer to identify such name and account
number; and
``(B) is not written on or otherwise included with
a payment coupon or other payment medium provided by
the servicer.
``(3) Servicer; servicing.--The terms `servicer' and
`servicing' have the meanings given to such terms in section
6(i) of the Real Estate Settlement Procedures Act of 1974.
``(4) Validation statement.--The term `validation
statement' means a statement of--
``(A) the total amount a consumer must pay, as of a
particular date, to bring the consumer's loan current;
and
``(B) the total amount a consumer must pay, as of a
particular date, to satisfy the loan in full.''.
(b) Clerical Amendment.--The table of sections for the Fair Debt
Collection Practices Act (15 U.S.C. 1692 et seq.) is amended--
(1) by redesignating the item relating to section 818 as
section 819; and
(2) by inserting after the item relating to section 817 the
following new item:
``818. Mortgage servicer exemption.''. | Permits continuation of collection and communications activities during the period of initial notice of debt unless the consumer requests cessation of such activities.
Expands the scope of debt collector's civil liability for noncompliance to include any series of class actions arising out of the same violations by the same debt collector.
Adds to the mandatory factors for court consideration of debt collector's liability for noncompliance the amount of actual damages awarded.
Shields a debt collector from liability for a violation resulting from good faith compliance with either Federal or State rules of civil procedure or a nonjudicial foreclosure proceeding.
Prescribes guidelines under which a servicer of a federally related mortgage loan secured by a first lien is exempt from requirements pertaining to: (1) certain false or misleading representations to the consumer in connection with debt collection; or (2) debt validation activities. Requires such servicer to provide to the consumer, at least 30 days before an acceleration of the debt, a validation statement or a notice of the consumer's right to receive a validation statement. | {"src": "billsum_train", "title": "Credit Cost Reduction Act of 1999"} | 1,995 | 229 | 0.54877 | 1.706059 | 0.762249 | 3.087179 | 8.779487 | 0.912821 |
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Governors Island Preservation Act of
2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) In August 1776, the fortifications at Governors Island,
New York, provided cover allowing George Washington's
Continental Army to escape a British onslaught during the
Battle of Long Island.
(2) The State of New York, for nominal consideration, ceded
control of Governors Island to the Federal Government in 1800
to provide for the defense of the United States.
(3) During the War of 1812, the combined firepower of
Castle Williams on Governors Island and the Southwest Battery
in Manhattan dissuaded the British from making a direct attack
on New York City, which was the largest city in and principal
seaport of the United States at the time.
(4) In 1901, 4,700,000 cubic yards of fill from the
excavation of the Lexington Avenue Subway in Manhattan were
deposited to increase the area of Governors Island from 90 to
172 acres.
(5) Governors Island played a significant role in the Civil
War, World War I, and World War II, and continued to serve the
United States Army through 1966.
(6) In 1958, the United States District Court for the
Southern District of New York formally ratified the long
possession of Governors Island by the United States through a
condemnation proceeding that required ``just compensation'' of
$1.
(7) In 1966, the Army relocated operations from Governors
Island, and the United States Coast Guard assumed control of
the Island, an action that established an integral component of
the Atlantic coast efforts of the Coast Guard for the following
30 years.
(8) The Admiral's House on Governors Island hosted the
final summit meeting between President Ronald W. Reagan and
Soviet Premier Mikhail S. Gorbachev in December 1988, where the
leaders presented each other with the Articles of Ratification
for the Intermediate Nuclear Forces Treaty.
(9) The Coast Guard ceased operations at Governors Island
in 1997, leaving 225 buildings unoccupied, unused, and exposed
to the harsh elements of New York Harbor.
(10) Castle Williams is named after Lieutenant Colonel
Jonathan Williams, who built the semicircular ``cheesebox''
fort and later served as the first superintendent of West Point
Military Academy.
(11) The pentagonal Fort Jay, named after John Jay, is the
complement of Fort Wood on nearby Bedloe Island, which serves
as the base of the Statue of Liberty.
(12) Castle Williams and Fort Jay, located within the
Governors Island National Historic Landmark District, and more
than 200 years of contributions to the history of the United
States could be lost if Governors Island were to remain vacant
or be sold to a private entity.
(13) Castle Williams and Fort Jay, key elements of the
Governors Island National Historic Landmark District, are
worthy of continued Federal protection and should be designated
a unit of the National Park System.
(14) The State of New York and the city of New York have
agreed to a plan to be administered by the Governors Island
Redevelopment Corporation, a subsidiary of the Empire State
Development Corporation, that--
(A) offers what may be the only opportunity to
ensure--
(i) public access to Governors Island;
(ii) the preservation and protection of
historic structures on Governors Island for
future generations; and
(iii) the ability of local elected
officials, local community boards, and
community organizations to participate in the
redevelopment of Governors Island; and
(B) would provide substantial educational and
recreational facilities to the public.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prevent the deterioration of the historic military
buildings on Governors Island in New York Harbor.
(2) To ensure that Castle Williams and Fort Jay are--
(A) retained in Federal ownership;
(B) available for the benefit and inspiration of
the people of the United States; and
(C) afforded protection by the National Park
Service as a unit of the National Park System.
(3) To provide the general public with--
(A) access to Governors Island;
(B) access to open park space to experience the
majestic views of New York Harbor; and
(C) opportunities that illustrate the significant
contributions of Governors Island to the history of the
United States.
(4) To return to the people of the State of New York
property that the State of New York conveyed to the Federal
Government, for nominal consideration, to provide for the
defense of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) City.--The term ``City'' means the City of New York.
(3) Corporation.--The term ``Corporation'' means Governors
Island Redevelopment Corporation, a subsidiary of the Empire
State Development Corporation governed by a board to be
appointed by the State and the City (or any successor entity).
(4) Management plan.--The term ``management plan'' means
the management plan prepared under section 4(f).
(5) Monument.--The term ``Monument'' means the Governors
Island National Monument established under section 4(a).
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of New York.
SEC. 4. GOVERNORS ISLAND NATIONAL MONUMENT.
(a) Establishment.--To preserve for the benefit and inspiration of
the people of the United States as a national monument certain historic
structures and associated land located on Governors Island in New York
Harbor, there is established a unit of the National Park System to be
known as the ``Governors Island National Monument''.
(b) Composition.--
(1) In general.--The Monument shall be comprised of Castle
Williams and Fort Jay, as depicted on the map entitled
``Governors Island National Monument Boundary Map'', numbered
GOIS ____, and dated ____, 2000.
(2) Inclusions.--The Monument shall include--
(A) the land on which Castle Williams and Fort Jay
are situated; and
(B) the land between Castle Williams and Fort Jay;
as depicted on the map described in paragraph (1).
(3) Availability of map.--The map described in paragraph
(1) shall be on file and available for public inspection in the
appropriate offices of the National Park Service.
(c) Transfer.--Not later than 180 days after the date of the
enactment of this Act, as part of the overall disposition of Governors
Island, the Administrator shall transfer administrative jurisdiction
over the Monument to the Secretary.
(d) Rights of Access.--
(1) Reservation.--As part of the overall disposition of
Governors Island, the Administrator, subject to agreement by
the Secretary and the Corporation, shall reserve the right of
access for the Secretary to the Monument for purposes of
operating and maintaining the Monument.
(2) Utilities.--The provision of and access to utilities to
the Monument shall be--
(A) determined as part of the disposition of
Governors Island in accordance with the public service
laws of the State of New York; and
(B) subject to agreement between the Secretary and
the Corporation.
(e) Administration.--
(1) In general.--On completion of the transfer under
subsection (c), the Monument shall be administered by the
Secretary in accordance with--
(A) this Act; and
(B) laws generally applicable to units of the
National Park System, including--
(i) the Act entitled ``An Act to establish
a National Park Service, and for other
purposes'', approved August 25, 1916 (16 U.S.C.
1 et seq.); and
(ii) the Act entitled ``An Act to provide
for the preservation of historic American
sites, buildings, objects, and antiquities of
national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C.
461 et seq.).
(2) Cooperative agreements.--The Secretary, in consultation
with the Corporation, may consult, and enter into cooperative
agreements, with interested entities and individuals to provide
for the preservation, development, interpretation, and use of
the Monument.
(f) Management Plan.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, in consultation with the Corporation
and other appropriate public and private entities, the
Secretary shall prepare a management plan for the Monument.
(2) Applicable law.--The Secretary shall prepare the
management plan in accordance with--
(A) section 12(b) of the Act entitled ``An Act to
improve the administration of the National Park System
by the Secretary of the Interior, and to clarify the
authorities applicable to the system, and for other
purposes'', approved August 18, 1970 (16 U.S.C. 1a-
7(b)); and
(B) other applicable law.
(3) Submission.--On completion of the management plan, the
Secretary shall submit the management plan to--
(A) the Committee on Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the annual
operation and maintenance of the Monument.
SEC. 5. CONVEYANCE OF GOVERNORS ISLAND.
(a) In General.--
(1) Conveyance.--Notwithstanding section 9101 of the
Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 670)
or any other provision of law, and except as provided in
paragraphs (2) and (3), not later than 180 days after the date
of the enactment of this Act, the Administrator shall convey to
the State of New York, for no consideration and for use
consistent with sections 2(a)(14) and 2(b), all right, title,
and interest of the United States in and to Governors Island,
to be administered by the Corporation.
(2) Rights of access.--The conveyance under paragraph
(1)(A) shall be subject to the rights of access described in
section 4(d).
(3) Exclusion of monument.--The Monument shall not be
included in the conveyance under paragraph (1)(A).
(b) Use and Redevelopment of Governors Island.--Upon completion of
the conveyance under subsection (a)(1)(A), any use of the conveyed land
shall be consistent with sections 2(a)(14) and 2(b), and in compliance
with--
(1) the New York State Environmental Quality Review Act
(Sections 0101 through 0117 of the Environmental Conservation
Law of New York); and
(2) the document entitled ``Governors Island Preservation
and Design Manual''--
(A) developed by the Administrator in accordance
with--
(i) the National Historic Preservation Act
(16 U.S.C. 470 et seq.); and
(ii) applicable State and local historic
preservation law; and
(B) as approved by the Administrator, State, and
City. | Requires the Administrator of General Services, as part of the overall disposition of Governors Island, to transfer administrative jurisdiction over the Monument to the Secretary of the Interior and, subject to agreement by the Secretary and the Governors Island Redevelopment Corporation, to reserve the right of access for the Secretary to the Monument for purposes of operating and maintaining it.
Requires the Secretary of the Interior to submit to specified congressional committees a management plan for the Monument.
Directs the Administrator to convey Governors Island (with the exclusion of the Monument) to New York for use consistent with a plan to be administered by the Governors Island Redevelopment Corporation and the purposes of this Act. Requires any use of the conveyed land to be consistent with such plan and purposes and to be in compliance with: (1) the New York State Environmental Quality Review Act; (2) the Governors Island Preservation and Design Manual. | {"src": "billsum_train", "title": "Governors Island Preservation Act of 2000"} | 2,474 | 189 | 0.418119 | 1.33087 | 0.536615 | 4.520468 | 13.526316 | 0.953216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Abuse Prevention Act
of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) methamphetamine is a dangerous drug distributed
throughout the United States;
(2) the manufacture, distribution, and use of
methamphetamine results in increased crime, damage to the
environment, hazardous waste that endangers the public,
expensive cleanup costs often borne by Federal, State, and
local government agencies, and broken families;
(3) Congress has acted many times to limit the availability
of chemicals and equipment used in the manufacturing of
methamphetamine;
(4) pseudoephedrine is one of the basic precursor chemicals
used in the manufacture of methamphetamine;
(5) the United States Drug Enforcement Administration has
indicated that methamphetamine manufacturers often obtain
pseudoephedrine from retail and wholesale distributors, in both
bottles and ``blister packs'', and that the use of
pseudoephedrine tablets in blister packs is pervasive in the
illicit production of methamphetamine in both small and large
clandestine methamphetamine laboratories;
(6) while current law establishes a retail sales limit of 9
grams for most pseudoephedrine products, including common cold
medicine, there is no such limit on the sale of blister-packed
pseudoephedrine products;
(7) the 9 gram limit on bottled pseudoephedrine allows an
individual to purchase approximately 366 thirty-milligram
tablets per transaction, which is significantly more than a
typical consumer would need for legitimate purposes;
(8) reducing the current 9 gram threshold to 6 grams would
allow consumers to continue purchasing sufficient medication
for legitimate purposes and would assist efforts to reduce
illegal use of the pseudoephedrine products;
(9) the United States Drug Enforcement Administration
recommended in March 2002 that retail distribution of
pseudoephedrine tablets in blister packages should not be
exempt from the general retail sales limit; and
(10) in recommending legislation to correct the current
disparity in the law between bottled and blister-packed
pseudoephedrine tablets, the United States Drug Enforcement
Administration stated that ``The removal of this difference
would significantly prevent illicit access to this
methamphetamine precursor and would be easier for both the
government and the industry to monitor and would increase
compliance by retailers''.
SEC. 3. REDUCTION OF RETAIL SALES THRESHOLD TO 6 GRAMS.
Section 102(39)(A)(iv)(II) of the Controlled Substances Act (21
U.S.C. 802(39)(A)(iv)(II)) is amended--
(1) by striking ``9 grams'' each place such term appears
and inserting ``6 grams''; and
(2) by striking ``and sold in package sizes of not more
than 3 grams of pseudoephedrine base or 3 grams of
phenylpropanolamine base; or'' and inserting the following:
``and sold in, with respect to nonliquids, package sizes of not
more than 3.0 grams of pseudoephedrine base or 3.0 grams of
phenylpropanolamine base, and packaged in blister packs, each
blister containing not more than 2 dosage units, or where the
use of blister packs is technically infeasible, packaged in
unit dose packets or pouches and, with respect to liquids, sold
in package sizes of not more than 3.0 grams of pseudoephedrine
base or 3.0 grams of phenylpropanolamine base; or''.
SEC. 4. ELIMINATION OF BLISTER PACK EXEMPTION.
(a) Regulated Transaction.--Section 102(39)(A)(iv)(I)(aa) of the
Controlled Substances Act (21 U.S.C. 802(39)(A)(iv)(I)(aa)) is amended
by striking ``, except that'' and all that follows through ``1996)''.
(b) Definition.--Section 102 of the Controlled substances Act (21
U.S.C. 802) is amended--
(1) by striking paragraph (45); and
(2) by redesignating paragraph (46) as paragraph (45).
(c) Rule of Law.--To the extent that there exists a conflict
between the amendment made by subsection (a) and section 401(d) of the
Comprehensive Methamphetamine Control Act of 1996 (21 U.S.C. 802 note),
the amendment shall control.
SEC. 5. NATIONAL UNIFORMITY FOR RESTRICTIONS ON THE SALE OF
PSEUDOEPHEDRINE PRODUCTS.
Section 708 of the Controlled Substances Act (21 U.S.C. 903) is
amended--
(1) by striking ``No'' and inserting the following:
``(a) In General.--Except as provided in subsection (b), no''; and
(2) by adding at the end the following:
``(b) Pseudoephedrine Drug Product.--
``(1) State and local requirements.--
``(A) In general.--No State or political
subdivision of a State or State authorized entity may
establish with respect to the retail sales of any
pseudoephedrine drug product any requirement or
restriction that is different from, or in addition to,
or that is otherwise not identical with, the
requirements and restrictions that apply to
pseudoephedrine drug products under this Act.
``(B) State penalties.--Nothing in subparagraph (A)
shall be construed as preventing a State or political
subdivision of a State from adopting penalties that are
different from, or in addition to, or that are
otherwise not identical with, the penalties that apply
under this Act.
``(C) Grandfather clause.--Subparagraph (A) shall
not apply to any requirement or restriction regarding
the retail sale of pseudoephedrine drug products
established by a State or political subdivision of a
State or State authorized entity enacted prior to
January 1, 2005, other than a requirement or
restriction allowing any individual to purchase more
than 6 grams of pseudoephedrine base in any single
retail transaction.
``(2) Exemptions.--
``(A) In general.--Upon application of a State or
political subdivision thereof, the Attorney General,
not later than 30 days after receiving the application,
may exempt from paragraph (1)(A), under such conditions
as the Attorney General may prescribe, a State or
political subdivision requirement upon a determination
by the Attorney General that--
``(i) pseudoephedrine drug products
obtained in that State or political subdivision
are being used as a significant source of
precursor chemicals for illegal manufacture of
a controlled substance for distribution or
sale;
``(ii) the requirement is likely to
substantially decrease the use of
pseudoephedrine drug products as a source of
precursor chemicals for illegal manufacture of
a controlled substance for distribution or
sale; and
``(iii) the requirement will not unduly
burden interstate commerce.
``(B) Judicial review.--
``(i) Review in court of appeals.--Within
10 days after a determination by the Attorney
General under subparagraph (A), the State or
political subdivision involved, or an
individual affected by the determination, may
file a petition for judicial review of such
determination in the United States Court of
Appeals for the District of Columbia Circuit,
which shall have exclusive jurisdiction over
any such petitions.
``(ii) Determination by court.--
``(I) In general.--Within 20 days
after a petition under clause (i) is
filed with the court, the court shall
enter final judgement on the petition.
``(II) Service regarding
petition.--With respect to a petition
under clause (i), if the court
determines that proper service was not
made on the Attorney General within 5
days after the date on which the
petition was filed with the court, the
running of the 20-day period under
subclause (I) shall not begin before
the day on which proper service was
made on the Attorney General.
``(iii) Finality of determination.--Any
determination made by the court under this
subparagraph shall be final and conclusive and
shall not be reviewed by any other court.
``(C) Computation of days.--For purposes of this
paragraph, Saturday, Sunday, or a legal holiday in the
District of Columbia shall not be counted as the last
day of any period.
``(3) Definitions.--As used in this subsection, the term
`pseudoephedrine drug product' means a product containing
pseudoephedrine that may be marketed or distributed lawfully in
the United States as a drug under the Federal Food, Drug, and
Cosmetic Act.''. | Methamphetamine Abuse Prevention Act of 2004 - Amends the Controlled Substances Act to: (1) reduce the retail sales threshold for the sale of products containing pseudoephedrine or phenylpropanolamine products from nine grams to six grams; and (2) eliminate the "regulated transaction" exemption for any over-the-counter sale of such products (including blister packs) by retail distributors.
Prohibits any State, political subdivision, or State authorized entity from establishing any requirement for retail sales of any pseudoephedrine drug product that is different from the requirements that apply to such products under this Act. Makes this provision inapplicable to any requirement enacted prior to January 1, 2005, other than a requirement allowing any individual to purchase more than six grams of pseudoephedrine base in any single retail transaction. Allows the State to adopt penalties that are different from penalties that apply under this Act.
Authorizes exemptions from this prohibition upon a determination by the Attorney General that pseudoephedrine drug products obtained in the State are being used as a significant source of precursor chemicals for illegal manufacture of a controlled substance for distribution or sale, that the requirement is likely to substantially decrease such use, and that the requirement will not unduly burden interstate commerce. Sets forth provisions governing judicial review. | {"src": "billsum_train", "title": "To eliminate the safe-harbor exception for certain packaged pseudoephedrine products used in the manufacture of methamphetamine, and for other purposes."} | 2,014 | 296 | 0.656804 | 2.165567 | 0.817125 | 3.102128 | 7.042553 | 0.906383 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Coal-Derived Fuels for Energy
Security Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Clean coal-derived fuel.--
(A) In general.--The term ``clean coal-derived
fuel'' means aviation fuel, motor vehicle fuel, home
heating oil, or boiler fuel that is--
(i) substantially derived from the coal
resources of the United States; and
(ii) refined or otherwise processed at a
facility located in the United States that
captures up to 100 percent of the carbon
dioxide emissions that would otherwise be
released at the facility.
(B) Inclusions.--The term ``clean coal-derived
fuel'' may include any other resource that is
extracted, grown, produced, or recovered in the United
States.
(2) Covered fuel.--The term ``covered fuel'' means--
(A) aviation fuel;
(B) motor vehicle fuel;
(C) home heating oil; and
(D) boiler fuel.
(3) Small refinery.--The term ``small refinery'' means a
refinery for which the average aggregate daily crude oil
throughput for a calendar year (as determined by dividing the
aggregate throughput for the calendar year by the number of
days in the calendar year) does not exceed 75,000 barrels.
SEC. 3. CLEAN COAL-DERIVED FUEL PROGRAM.
(a) Program.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall promulgate
regulations to ensure that covered fuel sold or introduced into
commerce in the United States (except in noncontiguous States
or territories), on an annual average basis, contains the
applicable volume of clean coal-derived fuel determined in
accordance with paragraph (4).
(2) Provisions of regulations.--Regardless of the date of
promulgation, the regulations promulgated under paragraph (1)--
(A) shall contain compliance provisions applicable
to refineries, blenders, distributors, and importers,
as appropriate, to ensure that--
(i) the requirements of this subsection are
met; and
(ii) clean coal-derived fuels produced from
facilities for the purpose of compliance with
this Act result in life cycle greenhouse gas
emissions that are not greater than gasoline;
and
(B) shall not--
(i) restrict geographic areas in the
contiguous United States in which clean coal-
derived fuel may be used; or
(ii) impose any per-gallon obligation for
the use of clean coal-derived fuel.
(3) Relationship to other regulations.--Regulations
promulgated under this paragraph shall, to the maximum extent
practicable, incorporate the program structure, compliance and
reporting requirements established under the final regulations
promulgated to implement the renewable fuel program established
by the amendment made by section 1501(a)(2) of the Energy
Policy Act of 2005 (Public Law 109-58; 119 Stat. 1067).
(4) Applicable volume.--
(A) Calendar years 2015 through 2022.--For the
purpose of this subsection, the applicable volume for
any of calendar years 2015 through 2022 shall be
determined in accordance with the following table:
Applicable volume of
clean coal-derived fuel
Calendar year: (in billions of gallons):
2015................................................... 0.75
2016................................................... 1.5
2017................................................... 2.25
2018................................................... 3.00
2019................................................... 3.75
2020................................................... 4.5
2021................................................... 5.25
2022................................................... 6.0.
(B) Calendar year 2023 and thereafter.--Subject to
subparagraph (C), for the purposes of this subsection,
the applicable volume for calendar year 2023 and each
calendar year thereafter shall be determined by the
President, in coordination with the Secretary and the
Administrator of the Environmental Protection Agency,
based on a review of the implementation of the program
during calendar years 2015 through 2022, including a
review of--
(i) the impact of clean coal-derived fuels
on the energy security of the United States;
(ii) the expected annual rate of future
production of clean coal-derived fuels; and
(iii) the impact of the use of clean coal-
derived fuels on other factors, including job
creation, rural economic development, and the
environment.
(C) Minimum applicable volume.--For the purpose of
this subsection, the applicable volume for calendar
year 2023 and each calendar year thereafter shall be
equal to the product obtained by multiplying--
(i) the number of gallons of covered fuel
that the President estimates will be sold or
introduced into commerce in the calendar year;
and
(ii) the ratio that--
(I) 6,000,000,000 gallons of clean
coal-derived fuel; bears to
(II) the number of gallons of
covered fuel sold or introduced into
commerce in calendar year 2022.
(b) Applicable Percentages.--
(1) Provision of estimate of volumes of certain fuel
sales.--Not later than October 31 of each of calendar years
2015 through 2021, the Administrator of the Energy Information
Administration shall provide to the President an estimate, with
respect to the following calendar year, of the volumes of
covered fuel projected to be sold or introduced into commerce
in the United States.
(2) Determination of applicable percentages.--
(A) In general.--Not later than November 30 of each
of calendar years 2015 through 2022, based on the
estimate provided under paragraph (1), the President
shall determine and publish in the Federal Register,
with respect to the following calendar year, the clean
coal-derived fuel obligation that ensures that the
requirements of subsection (a) are met.
(B) Required elements.--The clean coal-derived fuel
obligation determined for a calendar year under
subparagraph (A) shall--
(i) be applicable to refineries, blenders,
and importers, as appropriate;
(ii) be expressed in terms of a volume
percentage of covered fuel sold or introduced
into commerce in the United States; and
(iii) subject to paragraph (3)(A), consist
of a single applicable percentage that applies
to all categories of persons specified in
clause (i).
(3) Adjustments.--In determining the applicable percentage
for a calendar year, the President shall make adjustments--
(A) to prevent the imposition of redundant
obligations on any person specified in paragraph
(2)(B)(i); and
(B) to account for the use of clean coal-derived
fuel during the previous calendar year by small
refineries that are exempt under subsection (f).
(c) Volume Conversion Factors for Clean Coal-Derived Fuels Based on
Energy Content.--
(1) In general.--For the purpose of subsection (a), the
President shall assign values to specific types of clean coal-
derived fuel for the purpose of satisfying the fuel volume
requirements of subsection (a)(4) in accordance with this
subsection.
(2) Energy content relative to diesel fuel.--For clean
coal-derived fuels, 1 gallon of the clean coal-derived fuel
shall be considered to be the equivalent of 1 gallon of diesel
fuel multiplied by the ratio that--
(A) the number of British thermal units of energy
produced by the combustion of 1 gallon of the clean
coal-derived fuel (as measured under conditions
determined by the Secretary); bears to
(B) the number of British thermal units of energy
produced by the combustion of 1 gallon of diesel fuel
(as measured under conditions determined by the
Secretary to be comparable to conditions described in
subparagraph (A)).
(d) Credit Program.--
(1) In general.--The President, in consultation with the
Secretary and the clean coal-derived fuel requirement of this
section.
(2) Market transparency.--In carrying out the credit
program under this subsection, the President shall facilitate
price transparency in markets for the sale and trade of
credits, with due regard for the public interest, the integrity
of those markets, fair competition, and the protection of
consumers.
(e) Waivers.--
(1) In general.--The President, in consultation with the
Secretary and the Administrator of the Environmental Protection
Agency, may waive the requirements of subsection (a) in whole
or in part on petition by 1 or more States by reducing the
national quantity of clean coal-derived fuel required under
subsection (a), based on a determination by the President
(after public notice and opportunity for comment), that--
(A) implementation of the requirement would
severely harm the economy or environment of a State, a
region, or the United States; or
(B) extreme and unusual circumstances exist that
prevent distribution of an adequate supply of
domestically produced clean coal-derived fuel to
consumers in the United States.
(2) Petitions for waivers.--The President, in consultation
with the Secretary and the Administrator of the Environmental
Protection Agency, shall approve or disapprove a State petition
for a waiver of the requirements of subsection (a) within 90
days after the date on which the petition is received by the
President.
(3) Termination of waivers.--A waiver granted under
paragraph (1) shall terminate after 1 year, but may be renewed
by the President after consultation with the Secretary and the
Administrator of the Environmental Protection Agency.
(f) Small Refineries.--
(1) Temporary exemption.--
(A) In general.--The requirements of subsection (a)
shall not apply to small refineries until calendar year
2018.
(B) Extension of exemption.--
(i) Study by secretary.--Not later than
December 31, 2013, the Secretary shall submit
to the President and Congress a report
describing the results of a study to determine
whether compliance with the requirements of
subsection (a) would impose a disproportionate
economic hardship on small refineries.
(ii) Extension of exemption.--In the case
of a small refinery that the Secretary
determines under clause (i) would be subject to
a disproportionate economic hardship if
required to comply with subsection (a), the
President shall extend the exemption under
subparagraph (A) for the small refinery for a
period of not less than 2 additional years.
(2) Petitions based on disproportionate economic
hardship.--
(A) Extension of exemption.--A small refinery may
at any time petition the President for an extension of
the exemption under paragraph (1) for the reason of
disproportionate economic hardship.
(B) Evaluation of petitions.--In evaluating a
petition under subparagraph (A), the President, in
consultation with the Secretary, shall consider the
findings of the study under paragraph (1)(B) and other
economic factors.
(C) Deadline for action on petitions.--The
President shall act on any petition submitted by a
small refinery for a hardship exemption not later than
90 days after the date of receipt of the petition.
(3) Opt-in for small refineries.--A small refinery shall be
subject to the requirements of subsection (a) if the small
refinery notifies the President that the small refinery waives
the exemption under paragraph (1).
(g) Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--Any person that violates a
regulation promulgated under subsection (a), or that
fails to furnish any information required under such a
regulation, shall be liable to the United States for a
civil penalty of not more than the total of--
(i) $25,000 for each day of the violation;
and
(ii) the amount of economic benefit or
savings received by the person resulting from
the violation, as determined by the President.
(B) Collection.--Civil penalties under subparagraph
(A) shall be assessed by, and collected in a civil
action brought by, the Secretary or such other officer
of the United States as is designated by the President.
(2) Injunctive authority.--
(A) In general.--The district courts of the United
States shall have jurisdiction to--
(i) restrain a violation of a regulation
promulgated under subsection (a);
(ii) award other appropriate relief; and
(iii) compel the furnishing of information
required under the regulation.
(B) Actions.--An action to restrain such violations
and compel such actions shall be brought by and in the
name of the United States.
(C) Subpoenas.--In the action, a subpoena for a
witness who is required to attend a district court in
any district may apply in any other district.
(h) Effective Date.--Except as otherwise specifically provided in
this section, this section takes effect on January 1, 2016. | Clean Coal-Derived Fuels for Energy Security Act of 2008 - Directs the President to promulgate regulations to ensure that aviation fuel, motor vehicle fuel, home heating oil, and boiler fuel sold or introduced into commerce in the United States, on an annual average basis, contains the applicable volume of clean coal-derived fuel, determined in accordance with this Act.
Exempts small refineries from compliance with such regulations until 2018.
Directs the Secretary of Energy to study and report to the President and Congress on whether compliance with the requirements of this Act would impose a disproportionate economic hardship on small refineries. Requires the President to extend such exemption if it would.
Allows a small refinery to: (1) petition the President for an exemption at any time for the reason of disproportionate economic hardship; and (2) opt-in and be subject to such regulations if it notifies the President that it waives the exemption. | {"src": "billsum_train", "title": "To require the inclusion of coal-derived fuel at certain volumes in aviation fuel, motor vehicle fuel, home heating oil, and boiler fuel."} | 2,749 | 199 | 0.58275 | 1.602597 | 0.922694 | 3.813559 | 14.435028 | 0.954802 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Drinking Water for Healthy
Communities Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Perchlorate is a chemical used as the primary
ingredient in solid propellant for rockets, missiles, and
fireworks.
(2) Large-scale production of perchlorate-containing
chemicals in the United States began in the mid-1940s and large
volumes have been disposed of in various States since the
1950s.
(3) Perchlorate is an oxidizing anion that originates as a
contaminant in ground and surface waters and is highly soluble
and exceedingly mobile in aqueous systems, persisting for many
decades under typical ground and surface water conditions.
(4) The most prevalent sources of perchlorate contamination
in environmental media can be traced to the manufacture and
improper disposal of wastes from blasting agents and military
munitions and to a lesser extent fireworks.
(5) Ninety percent of perchlorate in the United States is
produced for use by the Department of Defense and the National
Aeronautics and Space Administration.
(6) According to the Government Accountability Office, in
May 2005, perchlorate contamination has been detected in water
and soil at almost 400 sites in the United States. The
Government Accountability Office concluded that because there
is no standardized approach for reporting perchlorate data
nationwide, a greater number of sites may exist.
(7) According to the Government Accountability Office, in
May 2005, limited Environmental Protection Agency data show
that perchlorate has been found in 35 States and the District
of Columbia and is known to have contaminated 153 public water
systems in 26 States. The Government Accountability Office
reported that concentrations of perchlorate in drinking water
ranged from 4 parts per billion to more than 420 parts per
billion.
(8) Environmental Protection Agency data likely
underestimates the total drinking water exposure, as
illustrated by the findings of the California Department of
Health Services that perchlorate has contaminated approximately
276 drinking water sources and 77 drinking water systems in the
State of California.
(9) Food and Drug Administration scientists and other
scientific researchers have detected perchlorate in the United
States food supply, including but not limited to lettuce, milk,
cucumbers, tomatoes, carrots, cantaloupe, wheat, and spinach,
and in human breast milk.
(10) The Centers for Disease Control and Prevention has
concluded that perchlorate exposure appears to be widespread in
the United States populations.
(11) The National Academy of Sciences released a report on
January 10, 2005, which recommended a perchlorate reference
dose of 0.0007 milligrams per kilogram per day.
(12) The Environmental Protection Agency has not
established a health advisory or national primary drinking
water regulation for perchlorate, but in 2005, established a
``drinking water equivalent level'' of 24.5 parts per billion
for perchlorate. A drinking water level assumes the only
exposure pathway is through drinking water and does not account
for other non-drinking water exposure pathways, such as food
and breast milk.
(13) On January 22, 2003, the Environmental Protection
Agency issued interim assessment guidance for perchlorate
applicable to all Office of Solid Waste and Emergency Response
programs, recommending the use of the provisional cleanup
levels for perchlorate in groundwater ranging from 4 to 18
parts per billion with the added suggestion to carefully
consider the lower end of the provisional range.
(14) On January 26, 2006, the Environmental Protection
Agency issued Office of Solid Waste and Emergency Response
guidance increasing the Environmental Protection Agency's
provisional cleanup levels for perchlorate in groundwater to
24.5 parts per billion.
(15) In March 2006, the Children's Health Protection
Advisory Committee advised the Environmental Protection Agency
that the Agency's preliminary remediation goal (PRG) for
perchlorate is not protective of children's health, as it can
result in a nursing infant exposure that is 5 to 10 times
higher than the recommended dose (Rfd) of 24.5 parts per
billion.
(16) Perchlorate inhibits the uptake of iodine by the
thyroid gland (which is necessary to produce important hormones
which help regulate normal human health and development),
presenting a risk to human health in vulnerable populations,
including pregnant women and children.
(17) In October 2006, the Centers for Disease Control and
Prevention found significant changes in the level of thyroid
hormones in humans exposed to perchlorate. For women with low
iodine levels, perchlorate exposure was associated with changes
in the production levels of hormones by the thyroid. About 36
percent of women in the United States have lower iodine levels.
(18) Given the seriousness of the potential adverse effects
associated with perchlorate and the fact that children were at
risk, combined with the absence of a Federal drinking water
standard (MCL) for perchlorate, California proposed a drinking
water standard of 6 parts per billion, and Massachusetts
promulgated a drinking water standard of 2 parts per billion.
(19) Other States, including Nevada, Texas, New York, and
Maryland, have issued some form of drinking water guidance for
perchlorate, including a drinking water action level, health-
based guidance, and a health based advisory level at ranges
from 1 part per billion to 18 parts per billion.
(20) Perchlorate has been detected in the soil, surface
waters, and groundwater at 55 Department of Defense facilities
across the country, with off-site migration occurring at some
facilities.
(21) As of 2003, the Department of Defense policy on
perchlorate requires sampling only where a perchlorate release
due to Department activities is suspected and a complete human
exposure pathway is likely to exist.
(22) According to the Environmental Protection Agency, the
Department of Defense is deferring all remedial action relating
to perchlorate contamination at or from its facilities until a
Federal perchlorate drinking water standard is adopted.
(23) The Environmental Protection Agency has historically
failed to exercise its enforcement authority under the
Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) to compel the Department of Defense to
undertake remedial actions to address perchlorate contamination
at Department facilities that are listed on the Superfund
National Priorities List.
(24) There are as many as 22 contaminants without Federal
drinking water standards for which the Environmental Protection
Agency has set site specific cleanup levels for the remediation
of groundwater, making the lack of response actions for
perchlorate contamination at Department of Defense Superfund
facilities a unique situation.
(25) The Environmental Protection Agency has failed to take
enforcement action against the Department of Defense to cause
the Department to mitigate or remediate the perchlorate
contamination emanating from its Aberdeen Proving Ground
facility that has adversely impacted the drinking water supply
for the City of Aberdeen, Maryland.
(26) Since 2002, the Department of Defense actively sought
to exempt the Department from State and Federal public health
and environmental laws which protect drinking water supplies
from chemical constituents of military munitions including
perchlorate.
SEC. 3. NATIONAL PRIMARY DRINKING WATER REGULATION FOR PERCHLORATE.
Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g-
1(b)(12)) is amended by adding at the end the following:
``(C) Perchlorate.--
``(i) Schedule and standard.--
Notwithstanding the deadlines set forth in
paragraph (1), the Administrator shall
promulgate a national primary drinking water
regulation for perchlorate pursuant to this
subsection, in accordance with the schedule
established by this subparagraph.
``(ii) Proposed regulations.--Not later
than 12 months after the date of the enactment
of this subparagraph, the Administrator shall
publish in the Federal Register a proposed
national primary drinking water regulation for
perchlorate.
``(iii) Final regulations.--Not later than
18 months after the date of publication of the
proposed national primary drinking water
regulation required by clause (ii), after
notice and opportunity for public comment, the
Administrator shall promulgate a national
primary drinking water regulation for
perchlorate.''. | Safe Drinking Water for Healthy Communities Act of 2007 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to promulgate a national primary drinking water regulation for perchlorate. | {"src": "billsum_train", "title": "To amend the Safe Drinking Water Act to require a national primary drinking water regulation for perchlorate."} | 1,778 | 51 | 0.451132 | 1.181766 | 0.635255 | 3.641026 | 41.692308 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pay Our Protectors Not Our
Politicians Act of 2018''.
SEC. 2. CONTINUING APPROPRIATIONS FOR MEMBERS OF THE ARMED FORCES AND
EMPLOYEES OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--There are hereby appropriated for fiscal year
2018, out of any money in the Treasury not otherwise appropriated, for
any period during which interim or full-year appropriations for fiscal
year 2018 are not in effect--
(1) such sums as are necessary to provide pay and
allowances to members of the Armed Forces (as defined in
section 101(a)(4) of title 10, United States Code), including
reserve components thereof, who perform active service during
such period, including Active Guard and Reserve duty under
section 328 of title 32, United States Code;
(2) such sums as are necessary to provide pay and
allowances to members of the reserve components of the Armed
Forces (as named in section 10101 of title 10, United States
Code) who perform inactive-duty training (as defined in section
101(d)(7) of such title) during such period;
(3) such sums as are necessary to provide pay and
allowances to the civilian personnel of the Department of
Defense (and the Department of Homeland Security in the case of
the Coast Guard) whom the Secretary concerned determines are
providing support to members of the Armed Forces described in
paragraph (1);
(4) such sums as are necessary to provide pay and
allowances to contractors of the Department of Defense (and the
Department of Homeland Security in the case of the Coast Guard)
whom the Secretary concerned determines are providing support
to members of the Armed Forces described in paragraph (1);
(5) such sums as are necessary to provide pay and
allowances to employees of the Department of Homeland Security
whom the Secretary concerned determines are performing national
security activities;
(6) such sums as are necessary to provide death gratuities
under sections 1475-1477 and 1489 of title 10, United States
Code;
(7) such sums as are necessary to provide payment or
reimbursement for funeral and burial expenses authorized under
sections 1481 and 1482 of title 10, United States Code;
(8) such sums as are necessary to provide payment or
reimbursement of authorized funeral travel and travel related
to the dignified transfer of remains and unit memorial services
under section 481f of title 37, United States Code; and
(9) such sums as are necessary to provide the temporary
continuation of a basic allowance of housing for dependents of
members dying on active duty, as authorized by section 403(l)
of title 37, United States Code.
(b) Termination.--Appropriations and funds made available and
authority granted pursuant to this section shall be available until
whichever of the following first occurs: (1) the enactment into law of
an appropriation (including a continuing appropriation) for any purpose
for which amounts are made available in section 2; (2) the enactment
into law of the applicable regular or continuing appropriations
resolution or other Act without any appropriation for such purpose; or
(3) January 1, 2019.
(c) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' means--
(1) the Secretary of Defense with respect to matters
concerning the Department of Defense; and
(2) the Secretary of Homeland Security with respect to
matters concerning the Department of Homeland Security or the
Coast Guard.
SEC. 3. REQUIRING REDUCTION OF PAY OF MEMBERS OF CONGRESS IF GOVERNMENT
SHUTDOWN OCCURS.
(a) Reduction of Pay for Each Day of Government Shutdown.--If on
any day during a year a Government shutdown is in effect, the annual
rate of pay applicable under section 601(a) of the Legislative
Reorganization Act of 1946 (2 U.S.C. 4501) with respect to each Member
of Congress for the year shall be reduced by an amount equal to the
product of--
(1) an amount equal to one day's worth of pay under such
annual rate; and
(2) the number of 24-hour periods during which the
Government shutdown is in effect.
(b) Effective Date.--Subsection (a) shall apply only with respect
to days occurring during the One Hundred Sixteenth Congress and each
succeeding Congress.
(c) Special Rule for One Hundred Fifteenth Congress.--
(1) Holding salaries in escrow.--If on any day during the
One Hundred Fifteenth Congress a Government shutdown is in
effect, the payroll administrator of that House of Congress
shall--
(A) withhold from the payments otherwise required
to be made with respect to a pay period for the
compensation of each Member of Congress who serves in
that House of Congress an amount equal to the product
of--
(i) an amount equal to one day's worth of
pay under the annual rate of pay applicable to
the Member under section 601(a) of the
Legislative Reorganization Act of 1946 (2
U.S.C. 4501); and
(ii) the number of 24-hour periods during
which the Government shutdown is in effect
which occur during the pay period; and
(B) deposit in an escrow account all amounts
withheld under paragraph (1).
(2) Release of amounts at end of the congress.--In order to
ensure that this section is carried out in a manner that shall
not vary the compensation of Senators or Representatives in
violation of the twenty-seventh article of amendment to the
Constitution of the United States, the payroll administrator of
a House of Congress shall release for payments to Members of
that House of Congress any amounts remaining in any escrow
account under this section on the last day of the One Hundred
Fifteenth Congress.
(3) Role of secretary of the treasury.--The Secretary of
the Treasury shall provide the payroll administrators of the
Houses of Congress with such assistance as may be necessary to
enable the payroll administrators to carry out this section.
(4) Exception for days occurring after general election.--
This section does not apply with respect to any day during the
One Hundred Fifteenth Congress which occurs after the date of
the regularly scheduled general election for Federal office
held in November 2018.
(d) Determination of Government Shutdown.--For purposes of this
section, a Government shutdown shall be considered to be in effect if
there is a lapse in appropriations for any Federal agency or department
as a result of a failure to enact a regular appropriations bill or
continuing resolution.
(e) Definitions.--In this section:
(1) The term ``Member of Congress'' means an individual
serving in a position under subparagraph (A), (B), or (C) of
section 601(a) of the Legislative Reorganization Act of 1946 (2
U.S.C. 4501).
(2) The term ``payroll administrator'' of a House of
Congress means--
(A) in the case of the House of Representatives,
the Chief Administrative Officer of the House of
Representatives, or an employee of the Office of the
Chief Administrative Officer who is designated by the
Chief Administrative Officer to carry out this section;
and
(B) in the case of the Senate, the Secretary of the
Senate, or an employee of the Office of the Secretary
of the Senate who is designated by the Secretary to
carry out this section. | Pay Our Protectors Not Our Politicians Act of 2018 This bill provides FY2018 appropriations for military pay during any period in which interim or full-year appropriations for FY2018 are not in effect. The appropriations provided by this bill are available until the earlier of: (1) the enactment into law of specified appropriations legislation, or (2) January 1, 2019. The bill provides continuing appropriations for pay and allowances of: members of the Armed Forces, including reserve components, who perform active service; members of the reserve components of the Armed Forces who perform inactive-duty training; civilian personnel or contractors of the Department of Defense (and the Department of Homeland Security [DHS] in the case of the Coast Guard) who are providing support to members of the Armed Forces; and DHS employees who are performing national security activities. It also provides continuing appropriations for payments related to: death gratuities, funeral and burial expenses, authorized funeral travel and travel related to the dignified transfer of remains and unit memorial services, and the temporary continuation of a basic allowance of housing for dependents of members dying on active duty. The bill also prohibits Members of Congress from being paid when a government shutdown is in effect during the 116th and succeeding Congresses. During the 115th Congress, congressional pay must be withheld during a government shutdown and released at the end of the Congress. | {"src": "billsum_train", "title": "Pay Our Protectors Not Our Politicians Act of 2018"} | 1,611 | 302 | 0.630372 | 1.987497 | 0.754568 | 3.901099 | 5.457875 | 0.85348 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Medical Services Support
Act''.
SEC. 2. DEFINITION.
In this Act, the term ``community-based emergency medical
services'' means any regional, State, or local emergency medical
services system.
SEC. 3. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES.
(a) In General.--There is established a Federal Interagency
Committee on Emergency Medical Services (in this Act referred to as the
``Interagency Committee on EMS'') which shall--
(1) assure coordination between the Federal agencies
involved with State, local, and community-based emergency
medical services;
(2) identify community-based emergency medical services'
needs;
(3) create, or recommend, new or expanded grant programs
for the purposes of improving community-based emergency medical
services;
(4) identify other ways to streamline the process through
which Federal agencies support community-based emergency
medical services; and
(5) assist in priority setting based on discovered needs.
(b) Membership.--The membership of the Interagency Committee on EMS
shall consist of--
(1) a representative from the National Highway
Transportation Administration of the Department of
Transportation;
(2) a representative of the Health Resources and Services
Administration of the Department of Health and Human Services;
(3) a representative of the Centers for Disease Control and
Prevention of the Department of Health and Human Services;
(4) a representative of the United States Fire
Administration of the Federal Emergency Management Agency;
(5) a representative of the Center for Medicare and
Medicaid Services;
(6) a representative of the Department of Defense;
(7) a representative of the Office of Emergency
Preparedness of the Department of Health and Human Services;
(8) a representative from the Wireless Telecom Bureau of
the Federal Communications Commission; and
(9) representatives of any other Federal agencies
identified by the President as having a significant role in the
purposes of the Interagency Committee on EMS.
(c) Administration.--The National Highway Traffic Safety
Administration shall provide administrative support to the Interagency
Committee on EMS and the Advisory Council which shall include the
scheduling of meetings, construction of an agenda, maintenance of
minutes and records, report production, and reimbursement of advisory
council members.
(d) Leadership.--A chairperson of the Interagency Committee on EMS
shall be selected annually by the members of the Interagency Committee
on EMS.
(e) Meetings.--The Interagency Committee on EMS shall meet as
frequently as is determined by the Administrator of the National
Highway Transportation Administration or on a quarter annual basis with
the Advisory Council.
SEC. 4. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES
ADVISORY COUNCIL.
(a) Establishment.--There is established a Federal Interagency
Committee on Emergency Medical Services Advisory Council (in this Act
referred to as the ``Advisory Council'') which shall consist of not
more than 13 individuals with an interest or expertise in emergency
medical services selected by the Interagency Committee on EMS.
(b) Membership.--The Interagency Committee on EMS shall assure
representation from both urban and rural settings, and assure diverse
representation from all sectors of the emergency medical services
community on the panel.
(c) Leadership.--A chairperson of the Advisory Council shall be
selected annually by the Advisory Council members.
(d) Compensation and Reimbursement.--The members of the Advisory
Council shall serve without compensation except for the reimbursement
of necessary expenses.
(e) Meetings.--The Advisory Council shall meet on a quarter annual
basis with the Interagency Committee on EMS.
SEC. 5. ANNUAL REPORTS.
The Interagency Committee on EMS and the Advisory Council shall
each prepare an annual report to each House of Congress which shall
include--
(1) a description of support currently being provided by
the Committee or Council to community-based emergency medical
services providers;
(2) a description of how emergency medical services
programs are being coordinated between the Federal agencies;
(3) a needs assessment for improving community-based
emergency medical services systems at State and local levels;
(4) recommendations to Congress regarding the creation of
new or the expansion of existing grants or other programs for
improving community-based emergency medical services; and
(5) recommendations about other measures that Congress can
take to support community-based emergency medical services. | Emergency Medical Services Support Act - Establishes a Federal Interagency Committee on Emergency Medical Services to provide intergovernmental coordination of emergency medical services. Requires the Committee to: (1) identify community-based emergency medical services' needs; (2) make grant program and streamlining recommendations; and (3) set priorities.Establishes a Federal Interagency Committee on Emergency Medical Services Advisory Council. Requires the Committee and the Council to each report annually to Congress on the state of community-abased emergency medical services, including recommendations. | {"src": "billsum_train", "title": "A bill to provide better Federal interagency coordination and support for emergency medical services."} | 957 | 116 | 0.636744 | 1.592546 | 0.636835 | 2.845361 | 9.185567 | 0.865979 |
SECTION 1. TREATMENT OF TAX-EXEMPT BOND FINANCING OF CERTAIN ELECTRICAL
OUTPUT FACILITIES.
(a) Certain Transactions Treated as Sales to General Public for
Purposes of Private Business Tests.--Paragraph (8) of section 141(b) of
the Internal Revenue Code of 1986 (defining nonqualified amount) is
amended to read as follows:
``(8) Nonqualified amount.--For purposes of this
subsection--
``(A) In general.--The term `nonqualified amount'
means, with respect to an issue, the lesser of--
``(i) the proceeds of such issue which are
to be used for any private business use, or
``(ii) the proceeds of such issue with
respect to which there are payments (or
property or borrowed money) described in
paragraph (2).
``(B) Use pursuant to certain transactions not
taken into account.--There shall not be taken into
account in determining a nonqualified amount with
respect to an issue 5 percent or more of the proceeds
of which are to be used with respect to any output
facility furnishing electric energy any of the
following transactions:
``(i) The sale of output by such facility
to another State or local government output
facility for resale by such other facility if
such other facility is not participating in an
open access plan (as defined in subsection
(f)(3)) and the output is to be used for
government use.
``(ii) Participation by such facility in an
output exchange agreement with other output
facilities if--
``(I) such facility is not a net
seller of output under such agreement
determined on not more than an annual
basis,
``(II) such agreement does not
involve output-type contracts, and
``(III) the purpose of the
agreement is to enable the facilities
to satisfy differing peak load demands
or to accommodate temporary outages.
``(iii) The sale of excess output by such
facility pursuant to a single agreement of not
more than 30 days duration, other than through
an output contract with specific purchasers.
``(iv) The sale of excess output by such
facility not to exceed $1,000,000.''.
(b) Election To Terminate Tax-Exempt Bond Financing by Certain
Electrical Output Facilities.--Section 141 of the Internal Revenue Code
of 1986 (relating to private activity bond; qualified bond) is amended
by adding at the end the following:
``(f) Election To Terminate Tax-Exempt Bond Financing by Certain
Electrical Output Facilities.--
``(1) In general.--In the case of an output facility for
the furnishing of electric energy financed with bonds which
would cease to be tax-exempt as the result of the participation
by such facility in an open access plan, such bonds shall not
cease to be tax-exempt bonds if the person engaged in such
furnishing by such facility makes an election described in
paragraph (2). Such election shall be irrevocable and binding
on any successor in interest to such person.
``(2) Election.--An election is described in this paragraph
if it is an election made in such manner as the Secretary
prescribes, and such person agrees that--
``(A) such election is made with respect to all
output facilities for the furnishing of electric energy
by such person,
``(B) no bond exempt from tax under section 103 may
be issued on or after the date of the participation by
such facilities in an open access plan with respect to
all such facilities of such person, and
``(C) such outstanding bonds used to finance such
facilities for such person are redeemed not later than
6 months after--
``(i) in the case of bonds issued before
December 1, 1997, the later of--
``(I) the earliest date on which
such bonds may be redeemed, or
``(II) the date of the election,
and
``(ii) in the case of bonds issued after
November 30, 1997, and before the date of the
participation by such facility in an open
access plan, the earlier of--
``(I) the earliest date on which
such bonds may be redeemed, or
``(II) the date which is 10 years
after the date of the enactment of this
subsection.
``(3) Open access plan.--For purposes of this subsection,
the term `open access plan' means--
``(A) a plan by a State to allow more than 1
electric energy provider to offer such energy in a
State authorized competitive market, or
``(B) a plan established or approved by an order
issued by the Federal Energy Regulatory Commission
which requires or allows transmission of electric
energy on behalf of another person.
``(4) Related persons.--For purposes of this subsection,
the term `person' includes a group of related persons (within
the meaning of section 144(a)(3)) which includes such
person.''.
(c) Effective Date.--The amendments made by this section shall
apply to sales of output after November 8, 1997. | Amends the Internal Revenue code to set forth provisions concerning the treatment of tax-exempt bond financing of certain electrical output facilities. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for the treatment of tax-exempt bond financing of certain electrical output facilities."} | 1,119 | 28 | 0.471825 | 1.209894 | 0.238984 | 5.291667 | 44 | 0.791667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Interagency Coordination
for Review of Natural Gas Pipelines Act''.
SEC. 2. FERC PROCESS COORDINATION FOR NATURAL GAS PIPELINE PROJECTS.
(a) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(2) Federal authorization.--The term ``Federal
authorization'' has the meaning given that term in section
15(a) of the Natural Gas Act (15 U.S.C. 717n(a)).
(3) NEPA review.--The term ``NEPA review'' means the
process of reviewing a proposed Federal action under section
102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(4) Project-related nepa review.--The term ``project-
related NEPA review'' means any NEPA review required to be
conducted with respect to the issuance of an authorization
under section 3 of the Natural Gas Act or a certificate of
public convenience and necessity under section 7 of such Act.
(b) Commission NEPA Review Responsibilities.--In acting as the lead
agency under section 15(b)(1) of the Natural Gas Act for the purposes
of complying with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to an authorization under section 3
of the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, the Commission shall, in
accordance with this section and other applicable Federal law--
(1) be the only lead agency;
(2) coordinate as early as practicable with each agency
designated as a participating agency under subsection (d)(3) to
ensure that the Commission develops information in conducting
its project-related NEPA review that is usable by the
participating agency in considering an aspect of an application
for a Federal authorization for which the agency is
responsible; and
(3) take such actions as are necessary and proper to
facilitate the expeditious resolution of its project-related
NEPA review.
(c) Deference to Commission.--In making a decision with respect to
a Federal authorization required with respect to an application for
authorization under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of such Act, each
agency shall give deference, to the maximum extent authorized by law,
to the scope of the project-related NEPA review that the Commission
determines to be appropriate.
(d) Participating Agencies.--
(1) Identification.--The Commission shall identify, as
early as practicable after it is notified by a person applying
for an authorization under section 3 of the Natural Gas Act or
a certificate of public convenience and necessity under section
7 of such Act, any Federal or State agency, local government,
or Indian Tribe that may issue a Federal authorization or is
required by Federal law to consult with the Commission in
conjunction with the issuance of a Federal authorization
required for such authorization or certificate.
(2) Invitation.--
(A) In general.--The Commission shall invite any
agency identified under paragraph (1) to participate in
the review process for the applicable Federal
authorization.
(B) Deadline.--An invitation issued under
subparagraph (A) shall establish a deadline by which a
response to the invitation shall be submitted to the
Commission, which may be extended by the Commission for
good cause.
(3) Designation as participating agencies.--The Commission
shall designate an agency identified under paragraph (1) as a
participating agency with respect to an application for
authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act unless the agency informs the Commission, in
writing, by the deadline established pursuant to paragraph
(2)(B), that the agency--
(A) has no jurisdiction or authority with respect
to the applicable Federal authorization;
(B) has no special expertise or information
relevant to any project-related NEPA review; or
(C) does not intend to submit comments for the
record for the project-related NEPA review conducted by
the Commission.
(4) Effect of non-designation.--
(A) Effect on agency.--Any agency that is not
designated as a participating agency under paragraph
(3) with respect to an application for an authorization
under section 3 of the Natural Gas Act or a certificate
of public convenience and necessity under section 7 of
such Act may not request or conduct a NEPA review that
is supplemental to the project-related NEPA review
conducted by the Commission, unless the agency--
(i) demonstrates that such review is
legally necessary for the agency to carry out
responsibilities in considering an aspect of an
application for a Federal authorization; and
(ii) requires information that could not
have been obtained during the project-related
NEPA review conducted by the Commission.
(B) Comments; record.--The Commission shall not,
with respect to an agency that is not designated as a
participating agency under paragraph (3) with respect
to an application for an authorization under section 3
of the Natural Gas Act or a certificate of public
convenience and necessity under section 7 of such Act--
(i) consider any comments or other
information submitted by such agency for the
project-related NEPA review conducted by the
Commission; or
(ii) include any such comments or other
information in the record for such project-
related NEPA review.
(e) Schedule.--
(1) Deadline for federal authorizations.--A deadline for a
Federal authorization required with respect to an application
for authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7
of such Act set by the Commission under section 15(c)(1) of
such Act shall be not later than 90 days after the Commission
completes its project-related NEPA review, unless an applicable
schedule is otherwise established by Federal law.
(2) Concurrent reviews.--Each Federal and State agency--
(A) that may consider an application for a Federal
authorization required with respect to an application
for authorization under section 3 of the Natural Gas
Act or a certificate of public convenience and
necessity under section 7 of such Act shall formulate
and implement a plan for administrative, policy, and
procedural mechanisms to enable the agency to ensure
completion of Federal authorizations in compliance with
schedules established by the Commission under section
15(c)(1) of such Act; and
(B) in considering an aspect of an application for
a Federal authorization required with respect to an
application for authorization under section 3 of the
Natural Gas Act or a certificate of public convenience
and necessity under section 7 of such Act, shall--
(i) formulate and implement a plan to
enable the agency to comply with the schedule
established by the Commission under section
15(c)(1) of such Act;
(ii) carry out the obligations of that
agency under applicable law concurrently, and
in conjunction with, the project-related NEPA
review conducted by the Commission, and in
compliance with the schedule established by the
Commission under section 15(c)(1) of such Act,
unless the agency notifies the Commission in
writing that doing so would impair the ability
of the agency to conduct needed analysis or
otherwise carry out such obligations;
(iii) transmit to the Commission a
statement--
(I) acknowledging receipt of the
schedule established by the Commission
under section 15(c)(1) of the Natural
Gas Act; and
(II) setting forth the plan
formulated under clause (i) of this
subparagraph;
(iv) not later than 30 days after the
agency receives such application for a Federal
authorization, transmit to the applicant a
notice--
(I) indicating whether such
application is ready for processing;
and
(II) if such application is not
ready for processing, that includes a
comprehensive description of the
information needed for the agency to
determine that the application is ready
for processing;
(v) determine that such application for a
Federal authorization is ready for processing
for purposes of clause (iv) if such application
is sufficiently complete for the purposes of
commencing consideration, regardless of whether
supplemental information is necessary to enable
the agency to complete the consideration
required by law with respect to such
application; and
(vi) not less often than once every 90
days, transmit to the Commission a report
describing the progress made in considering
such application for a Federal authorization.
(3) Failure to meet deadline.--If a Federal or State
agency, including the Commission, fails to meet a deadline for
a Federal authorization set forth in the schedule established
by the Commission under section 15(c)(1) of the Natural Gas
Act, not later than 5 days after such deadline, the head of the
relevant Federal agency (including, in the case of a failure by
a State agency, the Federal agency overseeing the delegated
authority) shall notify Congress and the Commission of such
failure and set forth a recommended implementation plan to
ensure completion of the action to which such deadline applied.
(f) Consideration of Applications for Federal Authorization.--
(1) Issue identification and resolution.--
(A) Identification.--Federal and State agencies
that may consider an aspect of an application for a
Federal authorization shall identify, as early as
possible, any issues of concern that may delay or
prevent an agency from working with the Commission to
resolve such issues and granting such authorization.
(B) Issue resolution.--The Commission may forward
any issue of concern identified under subparagraph (A)
to the heads of the relevant agencies (including, in
the case of an issue of concern that is a failure by a
State agency, the Federal agency overseeing the
delegated authority, if applicable) for resolution.
(2) Remote surveys.--If a Federal or State agency
considering an aspect of an application for a Federal
authorization requires the person applying for such
authorization to submit data, the agency shall consider any
such data gathered by aerial or other remote means that the
person submits. The agency may grant a conditional approval for
the Federal authorization based on data gathered by aerial or
remote means, conditioned on the verification of such data by
subsequent onsite inspection.
(3) Application processing.--The Commission, and Federal
and State agencies, may allow a person applying for a Federal
authorization to fund a third-party contractor to assist in
reviewing the application for such authorization.
(g) Accountability, Transparency, Efficiency.--For an application
for an authorization under section 3 of the Natural Gas Act or a
certificate of public convenience and necessity under section 7 of such
Act that requires multiple Federal authorizations, the Commission, with
input from any Federal or State agency considering an aspect of the
application, shall track and make available to the public on the
Commission's website information related to the actions required to
complete the Federal authorizations. Such information shall include the
following:
(1) The schedule established by the Commission under
section 15(c)(1) of the Natural Gas Act.
(2) A list of all the actions required by each applicable
agency to complete permitting, reviews, and other actions
necessary to obtain a final decision on the application.
(3) The expected completion date for each such action.
(4) A point of contact at the agency responsible for each
such action.
(5) In the event that an action is still pending as of the
expected date of completion, a brief explanation of the reasons
for the delay.
SEC. 3. PIPELINE SECURITY.
In considering an application for an authorization under section 3
of the Natural Gas Act or a certificate of public convenience and
necessity under section 7 of such Act, the Federal Energy Regulatory
Commission shall consult with the Administrator of the Transportation
Security Administration regarding the applicant's compliance with
security guidance and best practice recommendations of the
Administration regarding pipeline infrastructure security, pipeline
cybersecurity, pipeline personnel security, and other pipeline security
measures.
Passed the House of Representatives July 19, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Promoting Interagency Coordination for Review of Natural Gas Pipelines Act (Sec.2)This bill expands the authority of the Federal Energy Regulatory Commission (FERC)to act as the lead agency for the purpose of coordinating all applicable federal authorizations and environmental reviews under the National Environmental Policy Act of 1969 (NEPA) with respect to authorizing a natural gas pipeline project under the Natural Gas Act. Federal, state, and local agencies involved in the environmental review process must defer to FERC's approved scope for a NEPA review. FERC must invite and designate the other participating agencies involved in the authorization process. A federal, state, or local agency may not participate if it informs FERC that it does not have the necessary authority or expertise, or does not intend to submit comments. An agency that is not designated may not request or conduct an environmental review unless it is legally required to do so and the agency requires information that FERC could not obtain through its NEPA review. The bill establishes a 90-day deadline to complete an authorization application for other authorizing agencies and requires concurrent reviews when multiple agencies are involved in the authorization process.If a federal or state agency considering an aspect of an application for authorization requires the person applying for such authorization to submit data, the agency must consider any such data gathered by aerial or other remote means that the person submits. FERC must track and publicly display on its website specific information related to the actions required to complete an authorization.The information shall include:(1)the review schedule established by FERC under the Natural Gas Act;(2)a list of all the actions required by each applicable agency to complete permitting, reviews, and other actions necessary to obtain a final decision on the application;(3)the expected completion date for each such action;(4)a point of contact at the agency responsible for each such action;and(5)in the event that an action is still pending as of the expected date of completion, a brief explanation of the reasons for the delay. (Sec.3)In considering an application for an authorization or a certificate of public convenience and necessity under the Natural Gas Act, FERC shall consult with the Transportation Security Administration regarding an applicant's compliance with security guidance and for best practice recommendations regarding pipeline infrastructure security, pipeline cybersecurity, pipeline personnel security, and other pipeline security measures. | {"src": "billsum_train", "title": "Promoting Interagency Coordination for Review of Natural Gas Pipelines Act"} | 2,545 | 498 | 0.662001 | 2.158985 | 0.816112 | 4.301663 | 5.812352 | 0.92399 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guardianship Rights and
Responsibilities Act of 1993''.
SEC. 2. GUARDIANSHIP REQUIREMENTS FOR STATE MEDICAID PLANS.
(a) Guardianship Requirements as Condition of Eligibility.--Section
1902(a) of the Social Security Act (42 U.S.C. 1396a(a)), as amended by
the Omnibus Budget Reconciliation Act of 1990 (hereafter referred to as
``OBRA-1990''), is amended--
(1) by striking ``and'' at the end of paragraph (54);
(2) in the paragraph (55) inserted by section 4602(a)(3) of
OBRA-1990, by striking the period at the end and inserting a
semicolon;
(3) by redesignating the paragraph (55) inserted by section
4604(b)(3) of OBRA-1990 as paragraph (56), by transferring and
inserting it after the paragraph (55) inserted by section
4602(a)(3) of such Act, and by striking the period at the end
and inserting a semicolon;
(4) by placing paragraphs (57) and (58), inserted by
section 4751(a)(1)(C) of OBRA-1990, immediately after paragraph
(56), as redesignated by subparagraph (C);
(5) in the paragraph (58) inserted by section 4751(a)(1)(C)
of OBRA-1990, by striking the period at the end and inserting a
semicolon;
(6) by redesignating the paragraph (58) inserted by section
4752(c)(1)(C) of OBRA-1990 as paragraph (59), by transferring
and inserting it after the paragraph (58) inserted by section
4751(a)(1)(C) of such Act, and by striking the period at the
end and inserting ``; and''; and
(7) by inserting after paragraph (59), as so redesignated,
the following new paragraph:
``(60) not later than 2 years after the date of the
enactment of this paragraph, include assurances that the State
has adopted, and assumed responsibility for enforcing, laws
relating to guardianship which meet the requirements of section
1931.''.
(b) Reduction of Payments to States for Failure To Adopt and
Enforce Certain Laws Relating to Guardianship.--Section 1903 of the
Social Security Act (42 U.S.C. 1396(b)) is amended by adding at the end
the following new subsection:
``(x)(1) In order to receive payments under paragraphs (2)(A) and
(7) of subsection (a) without being subject to per centum reductions
set forth in paragraph (2) of this subsection, a State must provide
that it has adopted, and assumed responsibility for enforcing, laws
relating to guardianship which meet the requirements of section 1931 on
or before the expiration of the 2-year period beginning on the date of
the enactment of this subsection.
``(2) If a State fails to meet the deadline established under
paragraph (1), the per centums specified in paragraphs (2)(A) and (7)
of subsection (a) with respect to that State shall each be reduced 5
percentage points for the first two quarters beginning on or after such
deadline, and shall be further reduced an additional 5 percentage
points after each period consisting of two quarters during which the
Secretary determines the State fails to meet the requirements of
paragraph (1) of this subsection, except that--
``(A) neither such per centum may be reduced more than 25
percentage points by reason of this paragraph; and
``(B) no reduction shall be made under this paragraph for
any quarter following the quarter during which such State meets
the requirements of paragraph (1).''.
(c) Description of Requirements.--Title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the
following new section:
``requirements for state guardianship laws
``Sec. 1931. (a) In General.--For purposes of sections 1902(a)(60)
and 1903(x), a State has adopted laws relating to guardianship which
meet the requirements of this section if the State has adopted laws or
issued regulations which include the rights, standards, and duties
described in subsections (b) through (l) or, in the determination of
the Secretary, which protect individuals in the State as effectively as
laws or regulations which include the rights, standards, and duties
described in such subsections.
``(b) Rights of Individuals Subject to Guardianship Petitions.--The
laws of the State shall provide that--
``(1) each individual in the State who is the subject of a
guardianship petition shall be provided with an adequate and
timely notice, in large print and plain language, of all
pending guardianship proceedings, including a copy of the
guardianship petition, a clear description of such proceedings
and of all rights afforded such individual in the course of
such proceedings, and a summary of the possible consequences of
a determination of incapacity (or, in the case of a blind or
illiterate individual, an oral description of such rights and
information);
``(2) a copy of the notice provided under paragraph (1)
shall be provided to the individual filing a guardianship
petition and to the spouse, child, sibling, nearest relative,
or custodian of the individual who is the subject of such
guardianship petition;
``(3) each individual in the State who is the subject of a
guardianship petition has the right to counsel who will act as
an advocate for such individual with respect to such petition
unless such individual knowingly and voluntarily waives such
right, and the court shall appoint counsel for such individual
at public expense if such individual is indigent or if such
individual lacks the capacity to waive the right to counsel;
``(4) each individual in the State who is the subject of a
guardianship petition has the right to have the question of
incapacity heard by a jury upon request; and
``(5) each individual in the State against whom a
determination of incapacity and guardianship order is issued
may file an appeal contesting such determination and order in
the appropriate court of appeal not later than 30 days after
such determination and order is issued, and may at any time
petition the court issuing such determination and order to
modify or dismiss such determination or order.
``(c) Standards for Determinations of Incapacity.--The laws of the
State shall provide that--
``(1) no determination of incapacity shall be made at a
guardianship hearing unless the individual who is the subject
of the guardianship petition is present at such hearing, unless
the court determines, on the basis of information provided by a
physician, social worker, or other person trained to work with
the elderly, the developmentally disabled, or the mentally
retarded (whichever is appropriate in the case of a particular
individual), that such individual has knowingly and voluntarily
waived the right to be present at the hearing or cannot be
present because of physical incapacity; and
``(2) no determination of incapacity shall be made at a
guardianship hearing on the basis of the age of the individual
who is the subject of the guardianship petition but shall
instead be made on the basis of clear and convincing evidence
that such individual is incapable of administering his own
affairs.
``(d) Standards for Personnel Involved in Guardianship Hearings.--
Court personnel in the State involved in guardianship hearings shall be
trained to work with the elderly, the developmentally disabled, and the
mentally retarded, and shall be briefed on general issues facing such
groups, and shall provide necessary visual aids, interpreters, and
other devices in order to assist these individuals during guardianship
hearings, and shall make reasonable efforts to schedule each
guardianship hearing at a time and location convenient for the
individual who is the subject of the guardianship petition.
``(e) Effect of Determination of Incapacity.--A determination of
incapacity in a guardianship hearing in the State shall not be
considered prima facie evidence that the individual in question is
insane or is unable to function in a non-institutionalized setting.
``(f) Rights of Wards.--The laws of the State shall provide that--
``(1) each ward in the State shall, when feasible, have his
personal preferences taken into account by the court in the
appointment of a guardian; and
``(2) during the period of guardianship, each ward in the
State shall be entitled to participate in all decisions
affecting such ward to the maximum extent possible commensurate
with such ward's functional limitations, and shall retain all
rights not ordered by the court to be transferred to the
guardian.
``(g) Standards for Guardianships.--Each guardianship imposed in
the State shall be imposed on the ward in the least restrictive manner
commensurate with the ward's functional limitations.
``(h) Standards for Appointment of Guardians.--The laws of the
State shall provide that--
``(1) no person may be appointed to serve as a guardian in
the State unless such person certifies that he has completed,
or agrees to enroll in and complete, a program of court-
supervised training, based upon standards developed by the
governor of the State or his designee, in the legal, economic,
and psychosocial needs of wards, and a guardian shall be
removed from his position as guardian if the court determines
that he has failed to complete such a program;
``(2) no person who has been convicted of a felony may be
appointed to serve as a guardian in the State unless the court
determines that an exception to such prohibition is appropriate
in a particular case; and
``(3) no person may be appointed to serve as a guardian in
the State unless such person has filed, and the court
conducting the guardianship hearing has approved, a
guardianship plan which includes at least a description of the
ward's proposed living arrangements, a plan for meeting the
ward's financial, medical, and other remedial needs, and
provisions for maintaining contact between the ward and the
ward's family and friends.
``(i) Duties of Guardians.--The laws of the State shall provide
that--
``(1) each guardian in the State shall file an annual
report with the court which issued the order giving such
guardian control over the ward's affairs which includes at
least a description of the management of the ward's finances
during the previous year, a physician's report on the health
and physical well-being of the ward, and a recommendation of
whether the guardianship should be continued, modified, or
terminated;
``(2) each guardian in the State may use funds from the
estate of the ward over whose affairs he has control only for
the administration of the guardianship and the benefit of the
ward, and shall repay to the ward's estate any funds used by
such guardian for any purpose determined to be improper by the
court which issued the order giving such guardian control over
such ward's affairs; and
``(3) each guardian in the State shall keep the court which
issued the order giving such guardian control over the ward's
affairs informed of the whereabouts of such ward, and shall
notify such court whenever such ward is moved to a new
residence.
``(j) Standards Regarding Wards Moving To and From State.--The laws
of the State shall provide that--
``(1) if the court which issued a guardianship order
receives notice pursuant to subsection (i)(3) that a ward has
been moved to a new residence in another State, the court shall
notify the appropriate court in that State of the existence of
the guardianship and shall provide that court with necessary
files and background information on the guardianship; and
``(2) upon receiving notice from a court in another State
that a ward subject to a guardianship order has been moved into
the State, a court in the State shall assume jurisdiction over
such guardianship, and may require the guardian to submit a new
petition for guardianship or any other supplementary
information to enable the court to exercise such jurisdiction.
``(k) Court Review of Guardianship Orders.--Each court in the State
which issues a guardianship order shall conduct an annual review of the
guardianship to determine whether the guardian is performing his duties
in accordance with the appropriate laws and whether the guardianship
should be continued, modified, or terminated.
``(l) Standards for Private Professional Guardians.--Each private
professional guardian in the State may operate in the State only if
such guardian is bonded and licensed or certified in accordance with
requirements consistent with the provisions of this section developed
by the governor of the State or his designee.
``(m) Definitions.--For purposes of this section--
``(1) the term `guardian' means a person vested by law with
the power and duty of taking care of the person or property of
another 18 years or older who is adjudged incapable of
administering his own affairs, except that such term does not
include a guardian ad litem;
``(2) the term `guardianship' means any legal relationship,
including a conservatorship, in which a person is vested by law
with the power and duty of taking care of the person or
property of a ward, except that such term does not include a
guardianship ad litem; and
``(3) the term `ward' means a person 18 years or older
adjudged incapable of administering his own affairs and placed
by a court under the care of a guardian.''.
SEC. 3. DEMONSTRATION GRANTS FOR GUARDIANSHIP ADVOCATE PROGRAMS.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall award 2-year
demonstration grants to eligible States for the establishment and
operation of guardianship advocate programs, including the hiring and
training of individuals to serve as guardianship advocates and
investigators in such programs.
(b) Duties of Advocates and Investigators.--Individuals hired and
trained to serve as guardianship advocates and investigators with funds
provided under subsection (a) shall serve as employees of the courts
within the State which conduct guardianship hearings and issue
determinations of incapacity and guardianship orders, and shall provide
information and services to wards and to individuals who are the
subjects of guardianship petitions, including--
(1) making reports to the court on individuals who are the
subjects of guardianship petitions;
(2) notifying such individuals of their rights under State
guardianship law;
(3) monitoring wards and guardians and notifying the court
of possible violations of State guardianship law;
(4) investigating complaints of improper conduct made
against guardians;
(5) providing advice and assistance to guardians in
carrying out their guardianships;
(6) evaluating reports from guardians;
(7) performing other services to assist the courts in
conducting and monitoring guardianships; and
(8) investigating and evaluating the movement of wards to
new residences.
(c) Eligibility.--A State shall be eligible to receive a grant
under subsection (a) if it submits an application to the Secretary at
such time, in such form, and containing such information and assurances
as the Secretary may require, including an assurance that the State
shall prepare and submit to the Secretary an evaluation of each program
in such State funded with a grant received under subsection (a).
(d) Preference to Self-Financing Programs.--In awarding grants
under subsection (a), the Secretary shall give preference to those
States which provide assurances to the Secretary that the program
funded with such a grant will, without Federal financial assistance,
continue to operate after the expiration of such grant.
(e) Report to Congress.--Not later than 3 years after the final
grant is awarded under subsection (a), the Secretary shall submit a
report to Congress describing the programs funded with such grants,
evaluating the effect of such programs on the guardianship process and
on the protection of the rights of wards and individuals subject to
guardianship petitions, and containing recommendations on the
desirability of continuing the funding of such programs on a permanent
basis.
(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under subsection (a) $5,000,000.
(g) Definition.--In this section, the term ``State'' means each
State, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, and Guam. | Guardianship Rights and Responsibilities Act of 1993 - Amends title XIX (Medicaid) of the Social Security Act to reduce the Federal share of Medicaid payments available to States which fail to adopt the rights, standards, and duties in this Act concerning guardianship. Requires that an individual subject to a guardianship petition: (1) be provided with notice of all pending guardianship proceedings, rights afforded during a proceeding, and the possible consequences of a determination of incapacity; and (2) have the right to counsel, to have the question of incapacity heard by a jury, and to file an appeal against a determination of incapacity and a guardianship order.
Requires that determinations of incapacity be made only under certain circumstances.
Sets forth requirements of training for court personnel in guardianship hearings.
Requires that: (1) personal preferences of wards in the selection of guardians be taken into account; and (2) a guardianship be imposed on a ward in the least restrictive manner commensurate with the ward's functional limitations.
Sets forth requirements for the appointment of a person as a guardian.
Requires a guardian to keep the court which issued the guardianship order informed of the ward's affairs and whereabouts and use the ward's funds only for the administration of the guardianship and the ward's benefit. Provides that a court in a State into which a ward moves shall be notified of the existence of a guardianship, and receive information on and assume jurisdiction over, such guardianship.
Requires annual court reviews of guardianship orders.
Requires private professional guardians to meet certain certification requirements.
Directs the Secretary of Health and Human Services to award demonstration grants to eligible States for guardianship advocate programs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Guardianship Rights and Responsibilities Act of 1993"} | 3,795 | 429 | 0.411853 | 1.303245 | 0.617614 | 2.663636 | 10.090909 | 0.912121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Internet Gambling Payments
Prohibition Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Internet gambling is primarily funded through personal
use of bank instruments, including credit cards and wire
transfers.
(2) The National Gambling Impact Study Commission in 1999
recommended the passage of legislation to prohibit wire
transfers to Internet gambling sites or the banks which
represent them.
(3) Internet gambling is a major cause of debt collection
problems for insured depository institutions and the consumer
credit industry.
(4) Internet gambling conducted through offshore
jurisdictions has been identified by United States law
enforcement officials as a significant money laundering
vulnerability.
SEC. 3. PROHIBITION ON ACCEPTANCE OF ANY BANK INSTRUMENT FOR INTERNET
GAMBLING.
(a) In General.--No person engaged in a gambling business may
knowingly accept, in connection with the participation of another
person in Internet gambling--
(1) credit, or the proceeds of credit, extended to or on
behalf of such other person (including credit extended through
the use of a credit card);
(2) an electronic fund transfer or funds transmitted by or
through a money transmitting business, or the proceeds of an
electronic fund transfer or money transmitting service, from or
on behalf of the other person;
(3) any check, draft, or similar instrument which is drawn
by or on behalf of the other person and is drawn on or payable
at or through any financial institution; or
(4) the proceeds of any other form of financial transaction
as the Secretary may prescribe by regulation which involves a
financial institution as a payor or financial intermediary on
behalf of or for the benefit of the other person.
(b) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Bets or wagers.--The term ``bets or wagers''--
(A) means the staking or risking by any person of
something of value upon the outcome of a contest of
others, a sporting event, or a game predominantly
subject to chance, upon an agreement or understanding
that the person or another person will receive
something of greater value than the amount staked or
risked in the event of a certain outcome;
(B) includes the purchase of a chance or
opportunity to win a lottery or other prize (which
opportunity to win is predominantly subject to chance);
(C) includes any scheme of a type described in
section 3702 of title 28; and
(D) does not include--
(i) any bona fide business transaction
governed by the securities laws (as that term
is defined in section 3(a)(47) of the
Securities Exchange Act of 1934) for the
purchase or sale at a future date of securities
(as that term is defined in section 3(a)(10) of
such Act);
(ii) any transaction on or subject to the
rules of a contract market designated pursuant
to section 5 of the Commodity Exchange Act;
(iii) any over-the-counter derivative
instrument;
(iv) any contract of indemnity or
guarantee;
(v) any contract for life, health, or
accident insurance; or
(vi) any participation in a simulation
sports game or an educational game or contest
that--
(I) is not dependent solely on the
outcome of any single sporting event or
nonparticipant's singular individual
performance in any single sporting
event;
(II) has an outcome that reflects
the relative knowledge and skill of the
participants with such outcome
determined predominantly by accumulated
statistical results of sporting events;
and
(III) offers a prize or award to a
participant that is established in
advance of the game or contest and is
not determined by the number of
participants or the amount of any fees
paid by those participants.
(2) Gambling business.--The term ``gambling business''
means--
(A) a business that is conducted at a gambling
establishment;
(B) a business that--
(i) involves--
(I) the placing, receiving, or
otherwise making of bets or wagers; or
(II) the offering to engage in the
placing, receiving, or otherwise making
of bets or wagers;
(ii) involves 1 or more persons who
conduct, finance, manage, supervise, direct, or
own all or part of such business; and
(iii) has been or remains in substantially
continuous operation for a period in excess of
10 days or has a gross revenue of $2,000 or
more from such business during any 24-hour
period; and
(C) any agent who knowingly solicits for a business
described in subparagraph (A) or (B).
(3) Internet.--The term ``Internet'' means the
international computer network of interoperable packet switched
data networks.
(4) Internet gambling.--The term ``Internet gambling''
means to place, receive, or otherwise make a bet or wager by
any means which involves the use, at least in part, of the
Internet.
(5) Other terms.--
(A) Credit; creditor; and credit card.--The terms
``credit'', ``creditor'', and ``credit card'' have the
meanings given such terms in section 103 of the Truth
in Lending Act.
(B) Electronic fund transfer.--The term
``electronic fund transfer''--
(i) has the meaning given such term in
section 903 of the Electronic Fund Transfer
Act; and
(ii) includes any fund transfer covered by
Article 4 of the Uniform Commercial Code, as in
effect in any State.
(C) Financial institution.--The term ``financial
institution'' has the meaning given such term in
section 903 of the Electronic Fund Transfer Act.
(D) Money transmitting business and money
transmitting service.--The terms ``money transmitting
business'' and ``money transmitting service''--
(i) have the meanings given such terms in
section 5330(d) of title 31, United States
Code; and
(ii) include any person involved in
facilitating payments and fund transfers over
the Internet, such as third-party payment
facilitators.
(E) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(c) Civil Remedies.--
(1) Jurisdiction.--The district courts of the United States
shall have original and exclusive jurisdiction to prevent and
restrain violations of this section by issuing appropriate
orders in accordance with this section, regardless of whether a
prosecution has been initiated under this section.
(2) Proceedings.--
(A) Institution by federal government.--
(i) In general.--The United States, acting
through the Attorney General, may institute
proceedings under this subsection to prevent or
restrain a violation of this section.
(ii) Relief.--Upon application of the
United States under this subparagraph, the
district court may enter a preliminary
injunction or an injunction against any person
to prevent or restrain a violation of this
section, in accordance with Rule 65 of the
Federal Rules of Civil Procedure.
(B) Institution by state attorney general.--
(i) In general.--The attorney general of a
State (or other appropriate State official) in
which a violation of this section allegedly has
occurred or will occur may institute
proceedings under this subsection to prevent or
restrain the violation.
(ii) Relief.--Upon application of the
attorney general (or other appropriate State
official) of an affected State under this
subparagraph, the district court may enter a
preliminary injunction or an injunction against
any person to prevent or restrain a violation
of this section, in accordance with Rule 65 of
the Federal Rules of Civil Procedure.
(C) Indian lands.--Notwithstanding subparagraphs
(A) and (B), for a violation that is alleged to have
occurred, or may occur, on Indian lands (as that term
is defined in section 4 of the Indian Gaming Regulatory
Act)--
(i) the United States shall have the
enforcement authority provided under
subparagraph (A); and
(ii) the enforcement authorities specified
in an applicable Tribal-State compact
negotiated under section 11 of the Indian
Gaming Regulatory Act shall be carried out in
accordance with that compact.
(3) Expedited proceedings.--
(A) In general.--In addition to any proceeding
under paragraph (2), a district court may, in exigent
circumstances, enter a temporary restraining order
against a person alleged to be in violation of this
section upon application of the United States under
paragraph (2)(A), or the attorney general (or other
appropriate State official) of an affected State under
paragraph (2)(B), in accordance with Rule 65(b) of the
Federal Rules of Civil Procedure.
(d) Criminal Penalty.--
(1) In general.--Whoever violates this section shall be
fined under title 18, United States Code, or imprisoned for not
more than 5 years, or both.
(2) Permanent injunction.--Upon conviction of a person
under this subsection, the court may enter a permanent
injunction enjoining such person from placing, receiving, or otherwise
making bets or wagers or sending, receiving, or inviting information
assisting in the placing of bets or wagers.
(e) Safe Harbor for Financial Intermediaries.--
(1) In general.--No creditor, credit card issuer, financial
institution, operator of a terminal at which an electronic fund
transfer may be initiated, money transmitting business, or
national, regional, or local network utilized to effect a
credit transaction, electronic fund transfer, or money
transmitting service shall be liable under this section for the
involvement of such person, or the use of the facilities of
such person--
(A) in any credit transaction, electronic fund
transfer, or money transmitting service described in
subsection (a); or
(B) in drawing, paying, transferring, or collecting
any check, draft, or other instrument described in
subsection (a) or in any regulation prescribed under
such subsection.
(2) Exception for knowing participation in a gambling
business.--Paragraph (1) shall not apply with respect to any
person referred to in such paragraph which is a gambling
business or which knowingly participates in any activity
referred to in subparagraph (A) or (B) of such paragraph as an
agent or representative of a gambling business.
SEC. 4. INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDICTIONS.
(a) In General.--In deliberations between the United States
Government and any other country on money laundering, corruption, and
crime issues, the United States Government should--
(1) encourage cooperation by foreign governments and
relevant international fora in identifying whether Internet
gambling operations are being used for money laundering,
corruption, or other crimes;
(2) advance policies that promote the cooperation of
foreign governments, through information sharing or other
measures, in the enforcement of this Act; and
(3) encourage the Financial Action Task Force on Money
Laundering, in its annual report on money laundering
typologies, to study the extent to which Internet gambling
operations are being used for money laundering.
(b) Report Required.--The Secretary of the Treasury shall submit an
annual report to the Congress on the deliberations between the United
States and other countries on issues relating to Internet gambling.
SEC. 5. ENFORCEMENT ACTIONS.
Section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) is
amended by adding at the end the following new subsection:
``(x) Depository Institution Involvement in Internet Gambling.--
Notwithstanding section 3(e) of the Internet Gambling Payments
Prohibition Act, if any appropriate Federal banking agency determines
that any insured depository institution is engaged in any of the
following activities, the agency may issue an order to such institution
prohibiting such institution from continuing to engage in any of the
following activities:
``(1) Extending credit, or facilitating an extension of
credit, electronic fund transfer, or money transmitting service
with the actual knowledge that any person is violating section
3(a) of the Internet Gambling Payments Prohibition Act in
connection with such extension of credit, electronic fund
transfer, or money transmitting service.
``(2) Paying, transferring, or collecting on any check,
draft, or other instrument drawn on any depository institution
with the actual knowledge that any person is violating section
3(a) of the Internet Gambling Payments Prohibition Act in
connection with such check, draft, or other instrument.''. | Internet Gambling Payments Prohibition Act - Prohibits any person engaged in a gambling business from knowingly accepting in connection with the participation of another person in Internet gambling: (1) credit; (2) electronic fund transfers or funds transmitted by or through a money transmitting business; (3) any instrument drawn by or on behalf of another and payable through any financial institution; or (4) the proceeds of any other form of financial transaction involving a financial institution as payer or financial intermediary for another.Grants Federal district courts original and exclusive jurisdiction to prevent or restrain violations of this Act. Provides for civil and criminal penalties, including a permanent injunction against wagering.Exempts certain financial intermediaries from liability for unknowing involvement or unknowing use of their facilities in: (1) any credit transaction, electronic fund transfer, or money transmitting service; or (2) drawing, paying, transferring, or collecting a check or draft instrument.Declares that the Federal Government, in deliberations with a foreign government on money laundering, corruption, and crime issues, should: (1) encourage cooperation by foreign governments and relevant international fora in identifying whether Internet gambling operations are being used for money laundering or other crimes; (2) advance policies that promote international cooperation in the enforcement of this Act; and (3) encourage the Financial Action Task Force on Money Laundering to study the extent to which Internet gambling operations are being used for money laundering.Amends the Federal Deposit Insurance Act to provide that if an appropriate Federal banking agency determines that an insured depository institution is engaged in activities proscribed under this Act, such agency may issue an order prohibiting certain related financial activities. | {"src": "billsum_train", "title": "To prevent the use of certain bank instruments for Internet gambling, and for other purposes."} | 2,735 | 350 | 0.580697 | 1.93341 | 0.839484 | 4.696203 | 8.079114 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Historic Lighthouse
Preservation Act of 1998''.
SEC. 2. PRESERVATION OF HISTORIC LIGHT STATIONS.
Title III of the National Historic Preservation Act (16 U.S.C.
470w-470w-6) is amended by adding at the end the following new section:
``Sec. 308. Historic lighthouse preservation
``(a) In General.--In order to provide a national historic light
station program, the Secretary shall--
``(1) collect and disseminate information concerning
historic light stations, including historic lighthouses and
associated structures;
``(2) foster educational programs relating to the history,
practice, and contribution to society of historic light
stations;
``(3) sponsor or conduct research and study into the
history of light stations;
``(4) maintain a listing of historic light stations; and
``(5) assess the effectiveness of the program established
by this section regarding the conveyance of historic light
stations.
``(b) Conveyance of Historic Light Stations.--
``(1) Within one year of the date of enactment of this
section, the Secretary and the Administrator of General
Services (hereinafter Administrator) shall establish a process
for identifying, and selecting, an eligible entity to which a
historic light station could be conveyed for education, park,
recreation, cultural, or historic preservation purposes.
``(2) The Secretary shall review all applicants for the
conveyance of a historic light station, when the historic light
station has been identified as excess to the needs of the
agency with administrative jurisdiction over the historic light
station, and forward to the Administrator a single approved
application for the conveyance of the historic light station.
When selecting an eligible entity, the Secretary may consult
with the State Historic Preservation Officer of the state in
which the historic light station is located. A priority of
consideration shall be afforded public entities that submit
applications in which the public entity enters into a
partnership with a nonprofit organization whose primary mission
is historic light station preservation.
``(3)(A) Except as provided in paragraph (B), the
Administrator shall convey, by quit claim deed, without
consideration, all right, title, and interest of the United
States in and to the historic light station, subject to the
conditions set forth in subsection (c). The conveyance of a
historic light station under this section shall not be subject
to the provisions of 42 U.S.C. 11301 et seq.
``(B)(i) Historic light stations located within the
exterior boundaries of a unit of the National Park System or a
refuge within the National Wildlife Refuge System shall be
conveyed or sold only with the approval of the Secretary.
``(ii) If the Secretary approves the conveyance or sale of
a historic light station referenced in this paragraph, such
conveyance or sale shall be subject to the conditions set forth
in subsection (c) and any other terms or conditions the
Secretary considers necessary to protect the resources of the
park unit or wildlife refuge.
``(iii) For those historic light stations referenced in
this paragraph, the Secretary is encouraged to enter
cooperative agreements with appropriate eligible entities, as
provided in this Act, to the extent such cooperative agreements
are consistent with the Secretary's responsibilities to manage
and administer the park unit or wildlife refuge, as
appropriate.
``(c) Terms of Conveyance.--
``(1) The conveyance of a historic light station shall be
made subject to any conditions the Administrator considers
necessary to ensure that--
``(A) the lights, antennas, sound signal,
electronic navigation equipment, and associated light
station equipment located at the historic light
station, which are active aids to navigation, shall
continue to be operated and maintained by the United
States for as long as needed for this purpose;
``(B) the eligible entity to which the historic
light station is conveyed under this section shall not
interfere or allow interference in any manner with aids
to navigation without the express written permission of
the head of the agency responsible for maintaining the
aids to navigation;
``(C) there is reserved to the United States the
right to relocate, replace, or add any aid to
navigation located at the historic light station as may
be necessary for navigation purposes;
``(D) the eligible entity to which the historic
light station is conveyed under this section shall
maintain the historic light station in accordance with
the National Historic Preservation Act of 1966, 16
U.S.C. 470-470x, the Secretary of the Interior's
Standards for the Treatment of Historic Properties, and
other applicable laws;
``(E) the eligible entity to which the historic
light station is conveyed under this section shall make
the historic light station available for education,
park, recreation, cultural or historic preservation
purposes for the general public at reasonable times and
under reasonable conditions; and
``(F) the United States shall have the right, at
any time, to enter the historic light station without
notice for purposes of maintaining and inspecting aids
to navigation and ensuring compliance with paragraph
(C), to the extent that it is not possible to provide
advance notice.
``(2) The Secretary, the Administrator, and any eligible
entity to which a historic light station is conveyed under this
section, shall not be required to maintain any active aids to
navigation associated with a historic light station.
``(3) In addition to any term or condition established
pursuant to this subsection, the conveyance of a historic light
station shall include a condition that the historic light
station in its existing condition, at the option of the
Administrator, revert to the United States if--
``(A) the historic light station or any part of the
historic light station ceases to be available for
education, park, recreation, cultural, or historic
preservation purposes for the general public at
reasonable times and under reasonable conditions which
shall be set forth in the eligible entity's
application;
``(B) the historic light station or any part of the
historic light station ceases to be maintained in a
manner that ensures its present or future use as an aid
to navigation or compliance with the National Historic
Preservation Act, 16 U.S.C. 470-470x, the Secretary of
the Interior's Standards for the Treatment of Historic
Properties, and other applicable laws; or
``(C) at least 30 days before the reversion, the
Administrator provides written notice to the owner that
the historic light station is needed for national
security purposes.
``(d) Description of Property.--The Administrator shall prepare the
legal description of any historic light station conveyed under this
section. The Administrator may retain all right, title, and interest of
the United States in and to any historical artifact, including any lens
or lantern, that is associated with the historic light station and
located at the light station at the time of conveyance. All conditions
placed with the deed of title to the historic light station shall be
construed as covenants running with the land. No submerged lands shall
be conveyed to nonfederal entities.
``(e) Responsibilities of Conveyees.--Each eligible entity to which
a historic light station is conveyed under this section shall use and
maintain the historic light station in accordance with this section,
and have such conditions recorded with the deed of title to the
historic light station.
``(f) Definitions.--For purposes of this section:
``(1) Historic light station.--The term `historic light
station' includes the light tower, lighthouse, keepers
dwelling, garages, storage sheds, oil house, fog signal
building, boat house, barn, pumphouse, tramhouse support
structures, piers, walkways, and related real property and
improvements associated therewith; provided that the light
tower or lighthouse shall be included in or eligible for
inclusion in the National Register of Historic Places.
``(2) Eligible entity.--The term `eligible entity' shall
mean--
``(A) any department or agency of the Federal
government; or
``(B) any department or agency of the state in
which the historic light station is located, the local
government of the community in which the historic light
station is located, nonprofit corporation, educational
agency, or community development organization that--
``(i) has agreed to comply with the
conditions set forth in subsection (c) and to
have such conditions recorded with the deed of
title to the historic light station;
``(ii) is financially able to maintain the
historic light station in accordance with the
conditions set forth in subsection (c); and
``(iii) can indemnify the Federal
government to cover any loss in connection with
the historic light station, or any expenses
incurred due to reversion.''.
SEC. 3. SALE OF SURPLUS LIGHT STATIONS.
Title III of the National Historic Preservation Act (16 U.S.C.
470w-470w-6) is amended by adding at the end the following new section:
``Sec. 309. Historic light station sales
``In the event no applicants are approved for the conveyance of a
historic light station pursuant to section 308, the historic light
station shall be offered for sale. Terms of such sales shall be
developed by the Administrator of General Services. Conveyance
documents shall include all necessary covenants to protect the
historical integrity of the historic light station and ensure that any
active aids to navigation located at the historic light station are
operated and maintained by the United States for as long as needed for
that purpose. Net sale proceeds shall be transferred to the National
Maritime Heritage Grant Program, established by the National Maritime
Heritage Act of 1994, Pub. L. 103-451, within the Department of the
Interior.''.
SEC. 4. TRANSFER OF HISTORIC LIGHT STATIONS TO FEDERAL AGENCIES.
Title III of the National Historic Preservation Act of 1966, 16
U.S.C. 470-470x, is amended by adding at the end the following new
section:
``Sec. 310. Transfer of historic light stations to Federal agencies
``After the date of enactment of this section, any department or
agency of the Federal government, to which a historic light station is
conveyed, shall maintain the historic light station in accordance with
the National Historic Preservation Act of 1966, 16 U.S.C. 470-470x, the
Secretary of the Interior's Standards for the Treatment of Historic
Properties, and other applicable laws.''.
SEC. 5. FUNDING.
There are hereby authorized to be appropriated to the Secretary of
the Interior such sums as may be necessary to carry out this Act.
Passed the Senate July 17, 1998.
Attest:
GARY SISCO,
Secretary. | National Historic Lighthouse Preservation Act of 1998 - Amends the National Historic Preservation Act to direct the Secretary of the Interior, in order to provide a national historic light station program, to: (1) collect and disseminate information concerning such stations; (2) foster educational programs relating to the history, practice, and contribution to society of such stations; (3) sponsor or conduct research and study into the history of such stations; (4) maintain a listing of such stations; and (5) assess the effectiveness of the program regarding the conveyance of such stations.
Directs the Secretary and the Administrator of General Services to establish a process for identifying and selecting an eligible entity to which a station could be conveyed for education, park, recreation, cultural, and historic preservation purposes.
Requires: (1) the Secretary to review all applicants for the conveyance of a station identified as excess to an agency's needs and forward to the Administrator a single approved application for such station; (2) the Administrator to convey such station, subject to specified conditions that include a requirement that active aids to navigation continue to be operated and maintained by the United States if considered necessary by the Administrator; and (3) subject to the same conditions and any other terms or conditions the Secretary considers necessary to protect the resources of the park unit or wildlife refuge, the Secretary's approval before the conveyance or sale of such stations located within the exterior boundaries of a National Park System unit or a refuge within the National Wildlife Refuge System.
Requires: (1) a station to be offered for sale in accordance with terms developed by the Administrator if no applicants are approved for conveyance; and (2) net sale proceeds to be transferred to the National Maritime Heritage Grant Program.
Requires any Federal department or agency to which a station is conveyed to maintain the station in accordance with the National Historic Preservation Act of 1966 and the Secregtary's Standards for the Treatment of Historic Properties, and other applicable laws.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Historic Lighthouse Preservation Act of 1998"} | 2,328 | 425 | 0.715031 | 2.199343 | 0.815838 | 4.709924 | 5.661578 | 0.959288 |
SECTION 1. ROLLOVER OF AMOUNTS RECEIVED IN AIRLINE CARRIER BANKRUPTCY
TO ELIGIBLE RETIREMENT PLANS.
(a) General Rule.--If--
(1) a qualified airline employee receives any eligible
rollover amount, and
(2) the qualified airline employee transfers any portion of
such amount to an individual retirement plan (as defined in
section 7701(a)(37) of the Internal Revenue Code of 1986)
within 180 days of receipt of such amount (or, if later, within
180 days of the date of the enactment of this Act),
then, except as provided in subsection (b), such amount (to the extent
so transferred) shall not be includible in gross income for the taxable
year in which paid.
(b) Transfers to Roth IRAs.--
(1) In general.--If a transfer described in subsection (a)
is made to a Roth IRA (as defined in section 408A of the
Internal Revenue Code of 1986), then--
(A) 50 percent of the portion of any eligible
rollover amount so transferred shall be includible in
gross income in the first taxable year following the
taxable year in which the eligible rollover amount was
paid, and
(B) 50 percent of such portion shall be includible
in gross income in the second taxable year following
the taxable year in which the eligible rollover amount
was paid.
(2) Election to include in income in year of payment.--
Notwithstanding paragraph (1), a qualified airline employee may
elect to include any portion so transferred in gross income in
the taxable year in which the eligible rollover amount was
paid.
(3) Income limitations not to apply.--The limitations
described in section 408A(c)(3) of the Internal Revenue Code of
1986 shall not apply to a transfer to which paragraph (1) or
(2) applies.
(c) Treatment of Eligible Rollover Amounts and Transfers.--
(1) Treatment of eligible rollover amounts for employment
taxes.--For purposes of chapter 21 of the Internal Revenue Code
of 1986 and section 209 of the Social Security Act, an eligible
rollover amount shall not fail to be treated as a payment of
wages by the commercial passenger airline carrier to the
qualified airline employee in the taxable year of payment
because such amount is not includible in gross income by reason
of subsection (a) or is includible in income in a subsequent
taxable year by reason of subsection (b).
(2) Treatment of rollovers.--A transfer under subsection
(a) shall be treated as a rollover contribution described in
section 408(d)(3) of the Internal Revenue Code of 1986, except
that in the case of a transfer to which subsection (b) applies,
the transfer shall be treated as a qualified rollover
contribution described in section 408A(e) of such Code.
(d) Definitions and Special Rules.--For purposes of this section--
(1) Eligible rollover amount.--
(A) In general.--The term ``eligible rollover
amount'' means any payment of any money or other
property which is payable by a commercial passenger
airline carrier to a qualified airline employee--
(i) under the approval of an order of a
Federal bankruptcy court in a case filed after
September 11, 2001, and before January 1, 2007,
and
(ii) in respect of the qualified airline
employee's interest in a bankruptcy claim
against the carrier, any note of the carrier
(or amount paid in lieu of a note being
issued), or any other fixed obligation of the
carrier to pay a lump sum amount.
(B) Exception.--An eligible rollover amount shall
not include any amount payable on the basis of the
carrier's future earnings or profits.
(2) Qualified airline employee.--The term ``qualified
airline employee'' means an employee or former employee of a
commercial passenger airline carrier who was a participant in a
defined benefit plan maintained by the carrier which--
(A) is a plan described in section 401(a) of the
Internal Revenue Code of 1986 which includes a trust
exempt from tax under section 501(a) of such Code, and
(B) was terminated or became subject to the
restrictions contained in paragraphs (2) and (3) of
section 402(b) of the Pension Protection Act of 2006.
(3) Reporting requirements.--If a commercial passenger
airline carrier pays 1 or more eligible rollover amounts, the
carrier shall, within 90 days of such payment (or, if later,
within 90 days of the date of the enactment of this Act),
report--
(A) to the Secretary of the Treasury, the names of
the qualified airline employees to whom such amounts
were paid, and
(B) to the Secretary and to such employees, the
years and the amounts of the payments.
Such reports shall be in such form, and contain such additional
information, as the Secretary may prescribe.
(e) Effective Date.--This section shall apply to transfers made
after the date of the enactment of this Act with respect to eligible
rollover amounts paid before, on, or after such date. | Allows employees of commercial passenger airlines who receive payments from a bankruptcy case filed between September 11, 2001, and January 1, 2007, as compensation for lost pension plan benefits to rollover such payments into an individual retirement account (IRA), except for a Roth IRA, without tax or tax penalty. | {"src": "billsum_train", "title": "To allow employees of a commercial passenger airline carrier who receive payments in a bankruptcy proceeding to roll over such payments into an individual retirement plan, and for other purposes."} | 1,108 | 60 | 0.466517 | 1.143409 | 0.629182 | 2.017241 | 17.517241 | 0.810345 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Library Donation Reform
Act of 2015''.
SEC. 2. PRESIDENTIAL LIBRARIES.
(a) In General.--Section 2112 of title 44, United States Code, is
amended by adding at the end the following:
``(h) Presidential Library Fundraising Organization Reporting
Requirement.--
``(1) Definitions.--In this subsection:
``(A) Contribution.--The term `contribution' means
a contribution or contributions made by an individual
or entity to a Presidential library fundraising
organization totaling not less than $200 (whether
monetary or in-kind) in a single calendar quarter.
``(B) Presidential library fundraising
organization.--The term `Presidential library
fundraising organization' means an organization
established to raise funds to create, maintain, expand,
or conduct activities at--
``(i) a Presidential archival depository;
or
``(ii) any facility relating to a
Presidential archival depository.
``(2) Reporting requirement.--
``(A) In general.--During the period beginning on
the date of enactment of this subsection, and ending on
the date described in subparagraph (B), and not later
than 15 days after the end of each calendar quarter,
each Presidential library fundraising organization
shall submit to the Archivist, in a searchable and
sortable electronic format, information on each
contribution made during that quarter, which shall
include--
``(i) the amount or value of the
contribution;
``(ii) the source of the contribution,
including the address of the individual or
entity that is the source of the contribution;
``(iii) if the source of the contribution
is an individual, the occupation of the
individual; and
``(iv) the date of the contribution.
``(B) Duration of reporting requirement.--The date
described in this subparagraph is the later of--
``(i) the date on which the Archivist
accepts, takes title to, or enters into an
agreement to use any land or facility for the
Presidential archival depository for the
President for whom the Presidential library
fundraising organization was established; and
``(ii) the date on which the President
whose archives are contained in the
Presidential archival depository for whom the
Presidential library fundraising organization
was established no longer holds the Office of
President.
``(C) Information required to be published.--Not
later than 30 days after each submission under
subparagraph (A), the Archivist shall publish the
information submitted on the website of the National
Archives and Records Administration, without a fee or
other access charge, in a searchable, sortable, and
downloadable format.
``(3) Prohibition on the submission of false material
information.--
``(A) Individual.--
``(i) Prohibition.--It shall be unlawful
for any person who makes a contribution to
knowingly and willfully submit materially false
information or omit material information with
respect to the contribution.
``(ii) Penalty.--Any person who commits an
offense described in clause (i) shall be
punished as provided under section 1001 of
title 18.
``(B) Organization.--
``(i) Prohibition.--It shall be unlawful
for any Presidential library fundraising
organization to knowingly and willfully submit
materially false information or omit material
information required to be submitted under
paragraph (2)(A).
``(ii) Penalty.--Any Presidential library
fundraising organization that commits an
offense described in clause (i) shall be
punished as provided under section 1001 of
title 18.
``(4) Prohibition on certain contributions.--
``(A) In general.--It shall be unlawful for any
person to knowingly and willfully--
``(i) make a contribution in the name of
another person;
``(ii) allow the name of the person to be
used by another person to effect a
contribution; or
``(iii) accept a contribution that is made
by 1 person in the name of another person.
``(B) Penalty.--Any person who commits an offense
described in subparagraph (A) shall be punished as
provided under section 309(d) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(d)) in the same
manner as if the offense were a violation of section
316(b)(3) of such Act (52 U.S.C. 30118(b)(3)).
``(5) Regulations.--The Archivist shall promulgate
regulations for the purpose of carrying out this subsection.''.
(b) Applicability of Amendments.--
(1) Definitions.--In this subsection, the terms
``contribution'' and ``Presidential library fundraising
organization'' have the meanings given those terms in section
2112(h) of title 44, United States Code (as added by subsection
(a)).
(2) Applicability.--Section 2112(h) of title 44, United
States Code (as added by subsection (a)) shall apply--
(A) to a Presidential library fundraising
organization established before, on, or after the date
of enactment of this Act; and
(B) with respect to a contribution made after the
date of enactment of this Act. | . Presidential Library Donation Reform Act of 2015 (Sec. 2) Requires each presidential library fundraising organization to submit quarterly reports to the National Archives and Records Administration on all contributions of $200 or more whether monetary or in-kind for the quarterly period. Requires the Archivist of the United States to publish such information on the website of the National Archives within 30 days after each submission. Makes it unlawful for contributors or fundraising organizations to knowingly and willfully submit materially false information or omit material information. Prescribes criminal penalties for violation of such prohibitions. | {"src": "billsum_train", "title": "Presidential Library Donation Reform Act of 2015"} | 1,215 | 125 | 0.558473 | 1.376494 | 0.5571 | 2.527778 | 9.851852 | 0.824074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Payday Loan Reform Act of 2007''.
SEC. 2. PROHIBITION ON PAYDAY LOANS BASED ON CHECKS DRAWN ON, OR
AUTHORIZED WITHDRAWALS FROM, DEPOSITORY INSTITUTIONS.
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended
by adding at the end the following new subsection:
``(e) Prohibition on Payday Loans Based on Checks Drawn on, or
Authorized Withdrawals From, Depository Institutions.--
``(1) In general.--A creditor may not make a payday loan to
any person, if the creditor knows or has reasonable cause to
believe that--
``(A) any personal check or share draft that the
creditor receives from the person in exchange for the
loan is drawn on a depository institution; or
``(B) any account that will be debited in exchange
for the loan is a transaction account or share draft
account at a depository institution.
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Depository institution.--The term `depository
institution' has the same meaning as in section
19(b)(1)(A) of the Federal Reserve Act.
``(B) Payday loan.--The term `payday loan' means
any transaction in which a short-term cash advance is
made to a consumer in exchange for--
``(i) the personal check or share draft of
the consumer, in the amount of the advance plus
a fee, where presentment or negotiation of such
check or share draft is deferred by agreement
of the parties until a designated future date;
or
``(ii) the authorization of a consumer to
debit the transaction account or share draft
account of the consumer, in the amount of the
advance plus a fee, where such account will be
debited on or after a designated future
date.''.
SEC. 3. PROHIBITION ON INSURED DEPOSITORY INSTITUTIONS MAKING PAYDAY
LOANS.
Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is
amended by adding at the end the following:
``(y) Prohibition on Insured Depository Institutions Making Payday
Loans.--
``(1) In general.--An insured depository institution may
not make or extend--
``(A) any payday loan, either directly or
indirectly; or
``(B) any loan or credit to any other lender for
purposes of financing a payday loan or refinancing or
extending any payday loan.
``(2) Payday loan defined.--For purposes of this
subsection, the term `payday loan' means any transaction in
which a short-term cash advance is made to a consumer in
exchange for--
``(A) the personal check or share draft of the
consumer, in the amount of the advance plus a fee,
where presentment or negotiation of such check or share
draft is deferred by agreement of the parties until a
designated future date; or
``(B) the authorization of the consumer to debit
the transaction account or share draft account of the
consumer, in the amount of the advance plus a fee,
where such account will be debited on or after a
designated future date.''.
SEC. 4. PENALTIES AND REMEDIES.
(a) Contract Void.--Any credit agreement, promissory note, or other
contract prohibited under any amendment made by this Act shall be void
from the inception of such agreement, note, or contract.
(b) Clarification of Liability.--Section 130(a) of the Truth in
Lending Act (15 U.S.C. 1640(a)) is amended by inserting after the
penultimate sentence the following new sentence: ``Any creditor who
violates section 128(e) with respect to any person shall be liable to
such person under paragraphs (1), (2) and (3).''
(c) Preservation of Other Remedies.--The remedies and rights
provided under any amendment made by this Act are in addition to and do
not preclude any remedy otherwise available under law to the person
claiming relief under any provision of law, including any award for
general, consequential, or punitive damages.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect at the end of the
30-day period beginning on the date of the enactment of this Act and
shall apply to all loans initiated on or after such date and to any
extension or renewal of loans made on or after such date. | Payday Loan Reform Act of 2007 - Amends the Truth in Lending Act to prohibit payday loans based on checks drawn on, or authorized withdrawals from, insured depository institutions.
Amends the Federal Deposit Insurance Act to prohibit an insured depository institution from: (1) making or extending a payday loan, either directly or indirectly; or (2) making any loan to any other lender for purposes of financing, refinancing, or extending any payday loan.
Declares payday loan instruments or transactions void from inception. | {"src": "billsum_train", "title": "To amend the Truth in Lending Act and the Federal Deposit Insurance Act to prohibit payday loans based on checks drawn on, or authorized withdrawals from, depository institutions and to prohibit insured depository institutions from making payday loans, and for other purposes."} | 1,064 | 113 | 0.57382 | 1.494091 | 0.963038 | 3.525773 | 9.371134 | 0.907216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Shoshone Claims Distribution
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the
administrative committee established under section 4(c)(1).
(2) Western shoshone joint judgment funds.--The term
``Western Shoshone joint judgment funds'' means--
(A) the funds appropriated in satisfaction of the
judgment awards granted to the Western Shoshone Indians
in Docket Numbers 326-A-1 and 326-A-3 before the United
States Court of Claims; and
(B) all interest earned on those funds.
(3) Western shoshone judgment funds.--The term ``Western
Shoshone judgment funds'' means--
(A) the funds appropriated in satisfaction of the
judgment award granted to the Western Shoshone Indians
in Docket Number 326-K before the Indian Claims
Commission; and
(B) all interest earned on those funds.
(4) Judgment roll.--The term ``judgment roll'' means the
Western Shoshone judgment roll established by the Secretary
under section 3(b)(1).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) Trust fund.--The term ``Trust Fund'' means the Western
Shoshone Educational Trust Fund established under section
4(b)(1).
(7) Western shoshone member.--The term ``Western Shoshone
member'' means an individual who--
(A)(i) appears on the judgment roll; or
(ii) is the lineal descendant of an individual
appearing on the roll; and
(B)(i) satisfies all eligibility criteria
established by the Committee under section
4(c)(4)(D)(iii);
(ii) meets any application requirements established
by the Committee; and
(iii) agrees to use funds distributed in accordance
with section 4(b)(2)(B) for educational purposes
approved by the Committee.
SEC. 3. DISTRIBUTION OF WESTERN SHOSHONE JUDGMENT FUNDS.
(a) In General.--The Western Shoshone judgment funds shall be
distributed in accordance with this section.
(b) Judgment Roll.--
(1) In general.--The Secretary shall establish a Western
Shoshone judgment roll consisting of all individuals who--
(A) have at least \1/4\ degree of Western Shoshone
blood;
(B) are citizens of the United States; and
(C) are living on the date of enactment of this
Act.
(2) Ineligible individuals.--Any individual that is
certified by the Secretary to be eligible to receive a per
capita payment from any other judgment fund based on an
aboriginal land claim awarded by the Indian Claims Commission,
the United States Claims Court, or the United States Court of
Federal Claims, that was appropriated on or before the date of
enactment of this Act, shall not be listed on the judgment
roll.
(3) Regulations regarding judgment roll.--The Secretary
shall--
(A) publish in the Federal Register all regulations
governing the establishment of the judgment roll; and
(B) use any documents acceptable to the Secretary
in establishing proof of eligibility of an individual
to--
(i) be listed on the judgment roll; and
(ii) receive a per capita payment under
this Act.
(4) Finality of determination.--The determination of the
Secretary on an application of an individual to be listed on
the judgment roll shall be final.
(c) Distribution.--
(1) In general.--On establishment of the judgment roll, the
Secretary shall make a per capita distribution of 100 percent
of the Western Shoshone judgment funds, in shares as equal as
practicable, to each person listed on the judgment roll.
(2) Requirements for distribution payments.--
(A) Living competent individuals.--The per capita
share of a living, competent individual who is 19 years
or older on the date of distribution of the Western
Shoshone judgment funds under paragraph (1) shall be
paid directly to the individual.
(B) Living, legally incompetent individuals.--The
per capita share of a living, legally incompetent
individual shall be administered in accordance with
regulations promulgated and procedures established by
the Secretary under section 3(b)(3) of the Indian
Tribal Judgment Funds Use or Distribution Act (25
U.S.C. 1403(b)(3)).
(C) Deceased individuals.--The per capita share of
an individual who is deceased as of the date of
distribution of the Western Shoshone judgment funds
under paragraph (1) shall be paid to the heirs and
legatees of the individual in accordance with
regulations promulgated by the Secretary.
(D) Individuals under the age of 19.--The per
capita share of an individual who is not yet 19 years
of age on the date of distribution of the Western
Shoshone judgment funds under paragraph (1) shall be--
(i) held by the Secretary in a supervised
individual Indian money account; and
(ii) distributed to the individual--
(I) after the individual has
reached the age of 18 years; and
(II) in 4 equal payments (including
interest earned on the per capita
share), to be made--
(aa) with respect to the
first payment, on the
eighteenth birthday of the
individual (or, if the
individual is already 18 years
of age, as soon as practicable
after the date of establishment
of the Indian money account of
the individual); and
(bb) with respect to the 3
remaining payments, not later
than 90 days after each of the
3 subsequent birthdays of the
individual.
(3) Applicable law.--Notwithstanding section 7 of the
Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
1407), a per capita share (or the availability of that share)
paid under this section shall not--
(A) be subject to Federal or State income taxation;
(B) be considered to be income or resources for any
purpose; or
(C) be used as a basis for denying or reducing
financial assistance or any other benefit to which a
household or Western Shoshone member would otherwise be
entitled to receive under--
(i) the Social Security Act (42 U.S.C. 301
et seq.); or
(ii) any other Federal or federally-
assisted program.
(4) Unpaid funds.--The Secretary shall add to the Western
Shoshone joint judgment funds held in the Trust Fund under
section 4(b)(1)--
(A) all per capita shares (including interest
earned on those shares) of living competent adults
listed on the judgment roll that remain unpaid as of
the date that is--
(i) 6 years after the date of distribution
of the Western Shoshone judgment funds under
paragraph (1); or
(ii) in the case of an individual described
in paragraph (2)(D), 6 years after the date on
which the individual reaches 18 years of age;
and
(B) any other residual principal and interest funds
remaining after the distribution under paragraph (1) is
complete.
SEC. 4. DISTRIBUTION OF WESTERN SHOSHONE JOINT JUDGMENT FUNDS.
(a) In General.--The Western Shoshone joint judgment funds shall be
distributed in accordance with this section.
(b) Western Shoshone Educational Trust Fund.--
(1) Establishment.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall establish in the
Treasury of the United States, for the benefit of Western
Shoshone members, a trust fund to be known as the ``Western
Shoshone Educational Trust Fund'', consisting of--
(A) the Western Shoshone joint judgment funds; and
(B) the funds added under section 3(b)(4).
(2) Amounts in trust fund.--With respect to amounts in the
Trust fund--
(A) the principal amount--
(i) shall not be expended or disbursed; and
(ii) shall be invested in accordance with
section 1 of the Act of June 24, 1938 (25
U.S.C. 162a); and
(B) all interest income earned on the principal
amount after the date of establishment of the Trust
fund--
(i) shall be distributed by the Committee--
(I) to Western Shoshone members in
accordance with this Act, to be used as
educational grants or for other forms
of educational assistance determined
appropriate by the Committee; and
(II) to pay the reasonable and
necessary expenses of the Committee (as
defined in the written rules and
procedures of the Committee); but
(ii) shall not be distributed under this
paragraph on a per capita basis.
(c) Administrative Committee.--
(1) Establishment.--There is established an administrative
committee to oversee the distribution of educational grants and
assistance under subsection (b)(2).
(2) Membership.--The Committee shall be composed of 7
members, of which--
(A) 1 member shall represent the Western Shoshone
Te-Moak Tribe and be appointed by that Tribe;
(B) 1 member shall represent the Duckwater Shoshone
Tribe and be appointed by that Tribe;
(C) 1 member shall represent the Yomba Shoshone
Tribe and be appointed by that Tribe;
(D) 1 member shall represent the Ely Shoshone Tribe
and be appointed by that Tribe;
(E) 1 member shall represent the Western Shoshone
Committee of the Duck Valley Reservation and be
appointed by that Committee;
(F) 1 member shall represent the Fallon Band of
Western Shoshone and be appointed by that Band; and
(G) 1 member shall represent the general public and
be appointed by the Secretary.
(3) Term.--
(A) In general.--Each member of the Committee shall
serve a term of 4 years.
(B) Vacancies.--If a vacancy remains unfilled in
the membership of the Committee for a period of more
than 60 days--
(i) the Committee shall appoint a temporary
replacement from among qualified members of the
organization for which the replacement is being
made; and
(ii) that member shall serve until such
time as the organization (or, in the case of a
member described in paragraph (2)(G), the
Secretary) designates a permanent replacement.
(4) Duties.--The Committee shall--
(A) distribute interest funds from the Trust Fund
under subsection (b)(2)(B)(i);
(B) for each fiscal year, compile a list of names
of all individuals approved to receive those funds;
(C) ensure that those funds are used in a manner
consistent with this Act;
(D) develop written rules and procedures, subject
to the approval of the Secretary, that cover such
matters as--
(i) operating procedures;
(ii) rules of conduct;
(iii) eligibility criteria for receipt of
funds under subsection (b)(2)(B)(i);
(iv) application selection procedures;
(v) procedures for appeals to decisions of
the Committee;
(vi) fund disbursement procedures; and
(vii) fund recoupment procedures;
(E) carry out financial management in accordance
with paragraph (6); and
(F) in accordance with subsection (b)(2)(C)(ii),
use a portion of the interest funds from the Trust Fund
to pay the reasonable and necessary expenses of the
Committee (including per diem rates for attendance at
meetings that are equal to those paid to Federal
employees in the same geographic location), except that
not more than $100,000 of those funds may be used to
develop written rules and procedures described in
subparagraph (D).
(5) Jurisdiction of tribal courts.--At the discretion of
the Committee and with the approval of the appropriate tribal
government, a tribal court, or a court of Indian offenses
operated under section 11 of title 25, Code of Federal
Regulations (or a successor regulation), shall have
jurisdiction to hear an appeal of a decision of the Committee.
(6) Financial management.--
(A) Financial statement.--The Committee shall
employ an independent certified public accountant to
prepare a financial statement for each fiscal year that
discloses--
(i) the operating expenses of the Committee
for the fiscal year; and
(ii) the total amount of funds disbursed
under subsection (b)(2)(B)(i) for the fiscal
year.
(B) Distribution of information.--For each fiscal
year, the Committee shall provide to the Secretary, to
each organization represented on the Committee, and, on
the request of a Western Shoshone member, to the
Western Shoshone member, a copy of--
(i) the financial statement prepared under
subparagraph (A); and
(ii) the list of names compiled under
paragraph (4)(B).
(d) Consultation.--The Secretary shall consult with the Committee
on the management and investment of the funds distributed under this
section.
SEC. 5. REGULATIONS.
The Secretary may promulgate such regulations as are necessary to
carry out this Act.
Passed the Senate October 17 (legislative day, October 16),
2003.
Attest:
Secretary.
108th CONGRESS
1st Session
S. 618
_______________________________________________________________________
AN ACT
To provide for the use and distribution of the funds awarded to the
Western Shoshone identifiable group under Indian Claims Commission
Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes. | Western Shoshone Claims Distribution Act - (Sec. 3) Provides for the per capita distribution of shares of specified funds appropriated in satisfaction of a judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission (ICC) to U.S. citizens who have at least 1/4 Western Shoshone blood and who are enrolled on a Western Shoshone judgment roll to be established by the Secretary of the Interior.
Requires the Secretary to establish a Western Shoshone judgement roll consisting of all individuals who have at least 1/4 degree of Western Shoshone Blood, are U.S. citizens, and are living on the date of enactment of this Act. Makes ineligible for enrollment under this Act any individual who is eligible to receive other judgment awards based on an aboriginal land claim from the ICC, the United States Claims Court, or the United States Court of Claims. Requires the Secretary to publish regulations governing the establishment of the judgment roll and specifies per capita distribution requirements (including those for incompetents, heirs of deceased beneficiaries, and individuals under age 19). (Sec. 4) Provides for distribution of specified funds appropriated in satisfaction of the judgment awards granted in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Claims. Requires the Secretary to establish, for the benefit of Western Shoshone members, the Western Shoshone Educational Trust Fund, to which such funds shall be credited. Requires that all interest income earned on the principal amount in the Trust Fund be distributed: (1) as educational grants and assistance to Western Shoshone members as determined appropriate by the administrative committee established by this Act to oversee such distribution; and (2) to pay reasonable and necessary expenses of such committee. Specifies the membership and duties of the committee. | {"src": "billsum_train", "title": "A bill to provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes."} | 3,033 | 427 | 0.731912 | 2.444147 | 0.745534 | 3.81982 | 8.198198 | 0.924925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Agreement on Tariffs and
Trade Copyright Act of 1994''.
SEC. 2. RENTAL RIGHTS IN COMPUTER PROGRAMS.
Section 804(c) of Public Law 101-650, 104 Stat. 5136, is amended by
striking the first sentence.
TITLE I--FEDERAL ANTI-BOOTLEG PROVISIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Federal Anti-Bootleg Act of
1994''.
SEC. 102. UNAUTHORIZED FIXATION OF AND TRAFFICKING IN SOUND RECORDINGS
AND MUSIC VIDEOS OF LIVE MUSICAL PERFORMANCES.
Title 18, United States Code, is amended by adding the following:
``Sec. 2319A. Unauthorized fixation of and trafficking in sound
recordings and music videos of live musical performances
``(a) Whoever, without the consent of a featured performer,
knowingly and for purposes of commercial advantage or private financial
gain--
``(1) fixes the sounds or sounds and images of a live
musical performance in a copy or phonorecord, or reproduces
phonorecords or copies of such a performance from an
unauthorized fixation;
``(2) transmits or otherwise communicates to the public the
sounds or sounds and images of a live musical performance; or
``(3) distributes or offers to distribute, sells or offers
to sell, rents or offers to rent, or traffics any copy or
phonorecord fixed without the consent of a featured performer,
regardless of whether the fixations occurred in the United
States;
shall, upon judgment of conviction, be fined not more than $250,000 or
imprisoned for not more than 5 years, or both.
``(b) When a person is convicted of a violation of subsection (a),
the court shall in its judgment of conviction order the forfeiture and
destruction of any copies of phonorecords created in violation thereof,
as well as any plates, molds, matrices, masters, tapes, and film
negatives by means of which such copies or phonorecords may be made.
The court may also, in its discretion, order the forfeiture and
destruction of any other equipment by means of which such copies or
phonorecords may be reproduced, taking into account the nature, scope,
and proportionality of the use of the equipment in the offense.
``(c) If copies or phonorecords of sounds or sounds and images of a
live musical performance are fixed outside of the United States without
the consent of a featured performer, such copies or phonorecords are
subject to seizure and forfeiture in the same manner as property
imported in violation of the customs revenue laws. The Secretary of the
Treasury and the United States Postal Service shall, separately or
jointly, make regulations for the enforcement of the provisions of this
subsection, including regulations by which any featured performer may,
upon payment of a specified fee, be entitled to notification by the
United States Customs Service of the importation of phonorecords or
copies that appear to consist of unauthorized fixations of the sounds
or sounds and images of a live musical performance.
``(d) As used in this section--
``(1) The terms `copy', `fixed', `musical work',
`phonorecord', `reproduce', `sound recordings', and `transmit'
have the same meanings given such terms in section 101 of title
17, United States Code.
``(2) The term `traffic' means transport, transfer, or
otherwise dispose of, to another, as consideration for anything
of value, or make or obtain control of with intent to
transport, transfer, or dispose of.
``(e) This section shall apply to the following acts that occur 1
year after the entry into force of the World Trade Organization
Agreement--
``(1) live musical performances fixed without the consent
of a featured performer;
``(2) distributions, offers to sell, sales, offers to sell,
rentals, offers to rent, or trafficking in any copy or
phonorecord fixed without the consent of a featured performer,
regardless of when the fixation occurred; and
``(3) transmissions or other communications to the public
of sounds or sounds and images of a live musical performance
fixed without consent of a featured performer.''.
TITLE II--COPYRIGHT IN RESTORED WORKS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Berne and GATT Retroactivity Act
of 1994''.
SEC. 202. RESTORED WORKS.
(a) In General.--Section 104A of title 17, United States Code, is
amended to read as follows:
``SEC. 104A. COPYRIGHT IN RESTORED WORKS.
``(a) Automatic Protection and Term.--
``(1) Term.--Copyright subsists, in accordance with this
section, in restored works, and vests automatically on the date
of restoration.
``(A) Copyright in restored works published or
registered with the Copyright Office before January 1,
1978, shall endure for a term of 75 years from the date
of first publication or registration as the case may
be.
``(B) Copyright in works created on or after
January 1, 1978, shall endure for the term of
protection established in section 302.
``(2) Exception.--No work in which the copyright was ever
owned or administered by the Alien Property Custodian and in
which the restored copyright would be owned by a government or
instrumentality thereof, shall be a restored work.
``(b) Ownership of Restored Copyright.--A restored work vests
initially in the author of the work as determined according to the law
of its source country.
``(c) Filing of Notice of Intent to Enforce Restored Copyright
Against Reliance Parties.--Any person owning copyright in a restored
work or an exclusive right therein may file with the Copyright Office a
notice of intent to enforce that copyright against reliance parties.
Acceptance of a notice by the Copyright Office shall not create a
presumption of the validity of any of the facts stated therein.
``(d) Remedies for Infringement of Restored Copyrights.--
``(1) Enforcement of copyright in restored works in the
absence of a reliance party.--As against any party who is not a
reliance party, the remedies provided in chapter 5 of this
title shall be available immediately upon restoration with
respect to any infringing act commenced on or after the date of
restoration.
``(2) Enforcement of copyright in restored works as against
reliance parties.--As against a reliance party, subject to
paragraph (3), the remedies provided in chapter 5 of this title
shall be available upon restoration--
``(A)(i) if the owner of the restored work files
with the Copyright Office, between the date of
restoration and 24 months thereafter, a notice of
intent to enforce a restored work; and
``(ii) the act of infringement commenced on or
after 12 months from the date of publication of the
notice in the Federal Register;
``(B)(i) if the owner of the copyright in the
restored work or an exclusive right therein serves upon
that reliance party a notice of intent to enforce a
restored work; and
``(ii) the act of infringement commenced prior to
receipt of the notice;
``(C) if copies of a restored work are made after
publication of the notice of intent in the Federal
Register; or
``(D) in the case of a particular reliance party,
after receipt of a notice of intent to enforce the
restored work.
``(3) Commencement of infringement for reliance parties.--
For purposes of section 412, in the case of reliance parties,
infringement shall be deemed to have commenced prior to
registration when acts which would have constituted
infringement were committed prior to the date of the
restoration and continued after such date.
``(e) Notices of Intent to Enforce a Restored Copyright.--
``(1) Notices of intent filed with the copyright office.--
(A)(i) Notices of intent filed with the Copyright Office to
enforce a restored work shall be signed by the owner of the
copyright or the owner of the exclusive right filing the notice
and shall identify the title of the restored work. If the
notice is signed by an agent, the agency relationship must have
been constituted in a writing signed by the owner of the
restored work or the owner of the exclusive right therein prior
to the filing of the notice. The notice may contain any other
information specified in regulations established by the
Register of Copyrights pursuant to this section.
``(ii) If a restored work has no formal title, it shall be
described in the notice of intent in detail sufficient to aid
in its identification. Minor errors or omissions may be
corrected after the period established in subsection (d)(2)(A)
and shall be published by the Register of Copyrights in the
Federal Register pursuant to subparagraph (B).
``(B)(i) The Register of Copyrights shall publish in the
Federal Register, commencing not later than 4 months after the
date of the Agreement on Trade-Related Aspects of Intellectual
Property of the General Agreement on Tariffs and Trade becomes
effective with respect to the United States and every 4 months
thereafter, lists identifying restored works and the ownership
thereof if a notice of intent to enforce a restored work has
been filed.
``(ii) Not less than 1 list containing all notices of
intent to enforce a restored work filed with the Copyright
Office shall be maintained in the Public Information Office of
the Copyright Office and shall be available for inspection and
copying during regular business hours pursuant to sections 705
and 708.
``(C) The Register of Copyrights is authorized to fix
reasonable fees based on the costs of receipt, processing,
recording, and publication of notices of intent to enforce a
restored work.
``(D)(i) Not later than 30 days after the date the
Agreement on Trade-Related Aspects of Intellectual Property of
the General Agreement on Tariffs and Trade becomes effective
with respect to the United States, the Copyright Office shall
establish and publish in the Federal Register regulations
governing the filing under this subsection of notices of intent
to enforce a restored work.
``(ii) Such regulations shall permit owners of restored
works to simultaneously obtain registration for a claim of
copyright in the restored work.
``(2) Notices of intent served on a reliance party.--
``(A) Notices of the intent to enforce a restored
work may be served by the copyright owner of the
restored work or by the owner of any exclusive right
therein on a reliance party.
``(B) Such notice shall identify the restored work
and the use to which the owner objects and shall
include an address and telephone number at which the
reliance party may contact the owner.
``(f) Immunity From Warranty and Related Liability.--An individual
who warranted, promised, or guaranteed that a work that such individual
created did not violate 1 of the exclusive rights granted in section
106, shall not be liable for legal, equitable, arbitral, or
administrative relief if the warranty, promise, or guarantee is
breached by virtue of the restoration of copyright under this section.
``(g) Definitions.--For purposes of this section and section
109(a):
``(1) The term `date of adherence' means the earlier of the
dates upon which a foreign country that is not a member of the
Berne Union or the World Trade Organization, as of the date of
the enactment of the General Agreement on Tariffs and Trade
Intellectual Property Act of 1994, becomes a member of the
Berne Union or the World Trade Organization.
``(2) The term `date of restoration' of a restored
copyright means--
``(A) the date the Agreement on Trade-Related
Aspects of Intellectual Property of the General
Agreement on Tariffs and Trade becomes effective with
respect to the United States, if the work is a restored
work on such date; or
``(B) the date of adherence.
``(3) The term `eligible country' means a country, other
than the United States, which, on the date that copyright is
restored under the provisions of this section, has joined the
World Trade Organization or adhered to the Berne Convention for
the Protection of Literary and Artistic Works.
``(4) The term `reliance party' means any person who, prior
to the date the Agreement on Trade-Related Aspects of
Intellectual Property of the General Agreement on Tariffs and
Trade becomes effective with respect to the United States, or
who, prior to the date of adherence of a source country which
became an eligible country after the date of the enactment of
such Act--
``(A) engaged in acts which would have violated
section 106 if the restored work had been subject to
copyright protection, and who, after the date the
Agreement on Trade-Related Aspects of Intellectual
Property of the General Agreement on Tariffs and Trade
becomes effective with respect to the United States, or
after the date of adherence, continued to engage in
such acts; or
``(B) made substantial monetary investments in a
creation of a work which incorporates material portions
of a restored work.
``(5) The term `restored work' means an original work of
authorship that--
``(A) is protected under subsection (a);
``(B) is not in the public domain in its source
country;
``(C) is in the public domain in the United States
due to--
``(i) noncompliance with formalities
imposed at any time by United States copyright
law, including failure of renewal, lack of
proper notice, or failure to comply with any
manufacturing requirement; or
``(ii) lack of subject matter protection in
the case of sound recordings fixed before
February 15, 1972; and
``(D) has not less than 1 author who was, at the
time the work was created, a national or domiciliary of
an eligible country, and if published, was first
published in an eligible country but not published in
the United States during the 30-day period following
publication in such eligible country.
``(6) The term `source country' of a restored work means--
``(A) a country other than the United States;
``(B) in the case of an unpublished work--
``(i) the eligible country in which the
author is a national or domiciliary, or, if a
restored work has more than 1 author, the
majority of foreign authors are nationals or
domiciliaries of such eligible countries; or
``(ii) if the majority of authors are not
foreign, the source country shall be the
country, other than the United States, which
has the most significant contacts with the
work; and
``(C) in the case of a published work, the eligible
country in which the work is first published, or if the
restored work is published on the same day in 2 or more
eligible countries, the source country shall be the
country, other than the United States, which has the
most significant contacts with the work.''.
(b) Limitation.--Section 109(a) of title 17, United States Code, is
amended by adding at the end the following:
``(e) the sale or other disposition without the authorization of
the owner of a restored work of copies or phonorecords manufactured
before the date of restoration of works in which copyright has been
restored under section 104A may be sold or otherwise disposed of only
during the period specified in section 104A(d)(3), and after such
period, only as part of a sale or disposition of not more than 1 copy
or phonorecord at a time.''.
HR 4894 IH----2 | TABLE OF CONTENTS:
Title I: Federal Anti-Bootleg Provisions
Title II: Copyright in Restored Works
General Agreement on Tariffs and Trade Copyright Act of 1994 - Amends the Computer Software Rental Amendments Act of 1990 to repeal the termination date of a prohibition on unauthorized commercial rental or leasing of computer programs.
Title I: Federal Anti-Bootleg Provisions
- Federal Anti-Bootleg Act of 1994 - Amends the Federal criminal code to impose monetary and imprisonment penalties on persons who, without the consent of a featured performer, knowingly and for purposes of commercial advantage or private financial gain: (1) fix the sound or images of a live musical performance in a copy or phonorecord or reproduce phonorecords or copies of such a performance from an unauthorized fixation; (2) communicate to the public the sounds or images of such a performance; or (3) distribute, sell, rent, or traffic (or offer to engage in such activities) any copy or phonorecord fixed without such consent.
(Sec. 102) Applies this Act to the following acts that occur one year after the entry into force of the World Trade Organization Agreement: (1) live musical performances fixed without the consent of a featured performer; (2) distributions, sales, rentals, or trafficking (or offers thereof) in any copy or phonorecord fixed without such consent; and (3) communications to the public of sounds or images of a live musical performance without such consent.
Title II: Copyright in Restored Works
- Berne and GATT Retroactivity Act of 1994 - Amends Federal copyright law to replace provisions regarding copyright in certain motion pictures with those concerning copyright in restored works.
(Sec. 202) Declares that copyright subsists in restored works and vests automatically on the date of restoration. Requires copyright in: (1) restored works published or registered with the Copyright Office before 1978 to endure for a term of 75 years from the date of first publication or registration; and (2) works created on or after January 1, 1978, to endure for terms of protection established in existing provisions (the life of the author and fifty years after the author's death, with exceptions).
Provides that no work in which the copyright was ever owned or administered by the Alien Property Custodian and in which the restored copyright would be owned by a government or instrumentality thereof shall be a restored work. Declares that a restored work vests initially in the author of the work as determined according to the law of its source country.
Authorizes any person owning copyright in a restored work to file a notice of intent to enforce that copyright against reliance parties with the Copyright Office. Defines a "reliance party" as any person who, prior to the date the Agreement on Trade-Related Aspects of Intellectual Property of the General Agreement on Tariffs and Trade becomes effective with respect to the United States, or who, prior to the date of adherence of a source country which became an eligible country after this Act's enactment: (1) engaged in acts which would have violated exclusive rights in copyrighted works if the restored work had been subject to copyright protection and continued to engaged in such acts after the Agreement became effective; or (2) made substantial monetary investments in a creation of a work which incorporates material portions of a restored work.
Sets forth remedies for infringement of copyrights in restored works. | {"src": "billsum_train", "title": "General Agreement on Tariffs and Trade Copyright Act of 1994"} | 3,623 | 772 | 0.675414 | 2.384337 | 0.694615 | 4.603916 | 4.938253 | 0.90512 |
SECTION 1. APPEALS PROCESS.
(a) Reference.--Whenever in this section 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 5, United States Code.
(b) Time Period for Decision.--Section 8118 is amended by adding at
the end the following:
``(f) An initial decision by the Secretary of Labor shall be made
within 90 days of the date the claim is filed by the employee. If an
initial decision is not made within such 90 days, the claimant shall be
authorized further payment of full and normal salary until at such time
an initial decision is reached. An employer may not hold or delay the
filing of the claim. An agency may not withhold the filing of a claim,
deny forms to file a claim, or obstruct, threaten, or induce a claimant
to forego filing a claim. An agent of an agency may not falsify,
induce, or compel false testimony to deny or controvert a claim.''.
(c) Claimant's Physician.--Section 8123(a) is amended to read as
follows:
``(a) An employee shall submit to an actual physical examination by
a physician designated or approved by the Secretary of Labor, when so
ordered by the administrative law judge. In cases of surgery, a second
opinion examination shall be required before such surgery, except in
life threatening circumstances or where additional disability will
result if there is a delay. A medical report from a treating physician
is predominant and sufficient for a case unless there are serious and
legal reasons to suspect the medical evidence. Legal and medical
examinations and reports, ordered by administrative law judges, will
only be required where there are legal questions to be resolved with
regard to the nature of the injury or with regard to whether the event
that caused the injury was work-related or work-caused. The claimant
shall have the right to have the claimant's own physician or a witness
or representative present during the exam. The employee may have a
physician designated and paid by the employee present to participate in
the examination. If there is any disagreement between the physician for
the Secretary and the claimant's physician, a list of 3 physicians of
the appropriate Board Certified Specialty shall be tendered to the
claimant who shall choose the physician to conduct the final
examination with respect to the medical and legal issues in
disagreement. The Secretary shall provide the claimant's physician with
the same opportunity and information as is provided to the physician
acting for the Secretary, including the statement of accepted facts and
all medical information in the claimant's file.''.
(d) Physician Fees.--Section 8123(c) is amended to read as follows:
``(c) The Secretary shall fix the fees for physicians under this
section such that the physicians representing the Secretary shall be
limited to the same structure and amounts allowed to claimants'
physicians. All medical bills shall be paid within 60 days of billing,
except during the initial claims processing, and in that case they
shall be paid within 60 days of acceptance of the claim.''.
(e) Hearing Date.--Section 8124(b)(1) is amended to read as
follows:
``(b)(1) Administrative review of an initial decision of which the
claimant is not satisfied may be appealed for an oral hearing before
the administrative law judges of the Department of Labor. A request for
an oral hearing must be made within 180 days of the date of the initial
decision being appealed. A hearing must be held within 90 days of the
date requested, or compensation denied or reduced shall be reinstated
until such time as the hearing is given and a decision reached.
Decisions regarding the issues brought on appeal shall be rendered
within 30 days of the hearing or benefits will be reinstated if denied
or reduced until a decision is reached.''.
(f) Claimant's Authority.--Section 8124(b)(2) is amended to read as
follows:
``(2) In conducting the hearing, the Secretary shall follow the
requirements of chapter 5. The claimant shall have the right to
confront and cross examine all adverse witnesses and present such
evidence as the claimant feels necessary for consideration of the
claim. The claimant's employer shall not be present at the hearing but
shall be provided an opportunity to comment on the transcript of the
hearing.''.
(g) Representation; Representative Fees.--Section 8127 is amended
by adding at the end the following:
``(c) Except as provided in subsection (d), claimant's attorney or
representative shall be entitled to receive a fee of 15 percent of the
benefits awarded to the claimant.
``(d) If the claimant prevails in a decision of a Federal court
under chapter 7, the claimant's attorney shall be paid by the
Secretary, but not from the claimant's award for the work of such
attorney if the position of the Secretary with respect to such claimant
was found under section 2412(c) of title 28 to be not substantially
justified.''.
(h) Review of Award.--Section 8128 is amended by striking
subsections (a) and (b) and insert the following:
``Once a claim for compensation has been accepted, the Secretary
may only end, decrease, or increase compensation by meeting a burden of
proof standard that there was sufficient cause to perform a review. The
claimant shall have the right to petition for review of adverse
decisions at any time upon the submission of a new legal argument or
new factual evidence not previously considered. Any denial of a
petition for review or adverse decision arising out of a petition for
review shall be reviewable under section 8124. Decisions on petitions
for review shall be rendered no later than 90 days from the date
received by the Secretary or his designee.''.
(i) Reemployment and Vocational Rehabilitation.--(1) Section 8104
is amended to read as follows:
``Sec. 8104. Reemployment and vocational rehabilitation
``(a) The Secretary of Labor shall provide vocational
rehabilitation services to any permanently disabled claimant who
requests or whose physician requests such services. The claimant shall
choose the vocational service provider, and insofar as practicable use
the State services already funded by the Secretary of Health and Human
Services. If a private counselor is used, the claimant shall have sole
right to pick the provider and the fees shall be paid out of the
Employees' Compensation Fund.
``(b) Federal employers shall give first priority of placement to
injured Federal workers in positions commensurate with their pay at
time of injury and disability. Such positions include any positions for
which the claimant may already have experience or ones that they can be
trained in. No person may retaliate, punish, deny work, deny promotion,
or carry out any other discriminatory act against a claimant for filing
a claim for compensation.''.
(2) The table of sections for chapter 81 of title 5, United States
Code, is amended by striking the item relating to section 8104 and
inserting the following:
``8104. Reemployment and vocational rehabilitation.''. | Amends Federal civil service law to revise the appeals process under provisions for workers' compensation for Federal employees.
Authorizes the Secretary of Labor to provide vocational rehabilitation services to any permanently disabled claimant who requests or whose physician requests such services. | {"src": "billsum_train", "title": "To change the appeals process in the workers' compensation provisions of title 5, United States Code."} | 1,569 | 54 | 0.421689 | 1.008476 | 0.58964 | 3.822222 | 32.488889 | 0.888889 |
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