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SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Construction Act of 1998''.
SEC. 2. INCENTIVES FOR PUBLIC SCHOOL CONSTRUCTION.
(a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to credits against tax) is
amended by inserting after subpart G the following new subpart:
``Subpart H--Credit to Holders of Qualified Public School Construction
Bonds.
``Sec. 54. Credit to holders of qualified
public school construction
bonds.
``Sec. 54A. Qualified public school
construction bonds.
``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED PUBLIC SCHOOL CONSTRUCTION
BONDS.
``(a) Allowance of Credit.--In the case of a taxpayer who holds a
qualified public school construction bond on the credit allowance date
of such bond which occurs during the taxable year, there shall be
allowed as a credit against the tax imposed by this chapter for such
taxable year the amount determined under subsection (b).
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any qualified public
school construction bond is the amount equal to the product
of--
``(A) the credit rate determined by the Secretary
under paragraph (2) for the month in which such bond
was issued, multiplied by
``(B) the face amount of the bond held by the
taxpayer on the credit allowance date.
``(2) Determination.--During each calendar month, the
Secretary shall determine a credit rate which shall apply to
bonds issued during the following calendar month. The credit
rate for any month is the percentage which the Secretary
estimates will on average permit the issuance of qualified
public school construction bonds without discount and without
interest cost to the issuer.
``(c) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
part (other than subpart C thereof, relating to
refundable credits).
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(d) Definitions.--For purposes of this subpart--
``(1) Credit allowance date.--The term `credit allowance
date' means, with respect to any issue, the last day of the 1-
year period beginning on the date of issuance of such issue and
the last day of each successive 1-year period thereafter.
``(2) Bond.--The term `bond' includes any obligation.
``(3) State.--The term `State' includes the District of
Columbia and any possession of the United States.
``(4) Public school facility.--The term `public school
facility' shall not include any stadium or other facility
primarily used for athletic contests or exhibitions or other
events for which admission is charged to the general public.
``(e) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed to the taxpayer under this section and the
amount so included shall be treated as interest income.
``(f) Bonds Held By Regulated Investment Companies.--If any
qualified public school construction bond is held by a regulated
investment company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures prescribed by
the Secretary.
``SEC. 54A. QUALIFIED PUBLIC SCHOOL CONSTRUCTION BONDS.
``(a) Qualified Public School Construction Bond.--For purposes of
this subpart--
``(1) In general.--The term `qualified public school
construction bond' means any bond issued as part of an issue
if--
``(A) 95 percent or more of the proceeds of such
issue are to be used for the construction,
rehabilitation, or repair of a public school facility,
``(B) the bond is issued by a State or local
government within the jurisdiction of which such school
is located,
``(C) the issuer designates such bond for purposes
of this section, and
``(D) the term of each bond which is part of such
issue does not exceed 15 years.
``(2) Temporary period exception.--A bond shall not be
treated as failing to meet the requirement of paragraph (1)(A)
solely by reason of the fact that the proceeds of the issue of
which such bond is a part are invested for a reasonable
temporary period (but not more than 36 months) until such
proceeds are needed for the purpose for which such issue was
issued. Any earnings on such proceeds during such period shall
be treated as proceeds of the issue for purposes of applying
paragraph (1)(A).
``(b) Limitation on Amount of Bonds Designated.--The maximum
aggregate face amount of bonds issued during any calendar year which
may be designated under subsection (a) by any issuer shall not exceed
the limitation amount allocated under subsection (d) for such calendar
year to such issuer.
``(c) National Limitation on Amount of Bonds Designated.--There is
a national qualified school construction bond limitation for each
calendar year. Such limitation is--
``(1) $3,600,000,000 for 1999,
``(2) $3,600,000,000 for 2000, and
``(3) except as provided in subsection (e), zero after
2000.
``(d) Allocation of Limitation Among States.--
``(1) In general.--The Secretary shall allocate the
national qualified school construction bond limitation for any
calendar year among the States with projected enrollment
increases. The amount allocated to a State under the preceding
sentence shall be allocated by the State education agency to
issuers within such State and such allocations may be made only
if there is an approved State application.
``(2) Allocation formula.--
``(A) In general.--The national qualified school
construction bond limitation shall be allocated among
the States with projected enrollment increases in
proportion to their respective shares of the national
projected enrollment increase.
``(B) Projected enrollment increase.--The amount of
projected enrollment increase for the United States or
any State is the amount of the increase (as projected
by the Secretary of Education using data as of January
1, 1998) in enrollment in public elementary and
secondary schools in the United States or in such State
(as the case may be) during the 10-year period
beginning with 1997.
``(3) Approved state application.--For purposes of
paragraph (1), the term `approved State application' means an
application which is approved by the Secretary of Education and
which includes--
``(A) the results of a recent publicly-available
survey (undertaken by the State with the involvement of
local education officials, members of the public, and
experts in school construction and management) of such
State's needs for public school facilities, including
descriptions of--
``(i) health and safety problems at such
facilities,
``(ii) the capacity of public schools in
the State to house projected enrollments, and
``(iii) the extent to which the public
schools in the State offer the physical
infrastructure needed to provide a high-quality
education to all students, and
``(B) a description of how the State will allocate
to local educational agencies, or otherwise use, its
allocation under this subsection to address the needs
identified under subparagraph (A), including a
description of how it will--
``(i) give priority to localities
experiencing the largest increases in
enrollment,
``(ii) use its allocation under this
subsection to assist localities that lack the
fiscal capacity to issue bonds on their own,
and
``(iii) ensure that its allocation under
this subsection is used only to supplement, and
not supplant, the amount of school
construction, rehabilitation, and repair in the
State that would have occurred in the absence
of such allocation.
Any allocation under paragraph (1) by a State education agency
shall be binding if such agency reasonably determined that the
allocation was in accordance with the plan approved under this
paragraph.
``(e) Carryover of Unused Limitation.--If for any calendar year--
``(1) the amount allocated under subsection (d) to any
State, exceeds
``(2) the amount of bonds issued during such year which are
designated under subsection (a) pursuant to such allocation,
the limitation amount under such subsection for such State for the
following calendar year shall be increased by the amount of such
excess. The subsection shall not apply if such following calendar year
is after 2002.''
(b) Reporting.--Subsection (d) of section 6049 of such Code
(relating to returns regarding payments of interest) is amended by
adding at the end the following new paragraph:
``(8) Reporting of credit on qualified public school
construction bonds.--
``(A) In general.--For purposes of subsection (a),
the term `interest' includes amounts includible in
gross income under section 54(e) and such amounts shall
be treated as paid on the credit allowance date (as
defined in section 54(d)(1)).
``(B) Reporting to corporations, etc.--Except as
otherwise provided in regulations, in the case of any
interest described in subparagraph (A) of this
paragraph, subsection (b)(4) of this section shall be
applied without regard to subparagraphs (A), (H), (I),
(J), (K), and (L)(i).
``(C) Regulatory authority.--The Secretary may
prescribe such regulations as are necessary or
appropriate to carry out the purposes of this
paragraph, including regulations which require more
frequent or more detailed reporting.''
(c) Clerical Amendment.--The table of subparts for part IV of
subchapter A of chapter 1 of such Code is amended by adding at the end
the following new item:
``Subpart H. Credit to holders of
qualified public school
construction bonds.''.
(d) Effective Date.--The amendments made by this section shall
apply to obligations issued after December 31, 1998. | School Construction Act of 1998 - Amends the Internal Revenue Code to: (1) allow a limited tax credit to holders of qualified public school construction bonds as an incentive for public school construction; (2) include in gross income the amount of such credit, which shall be treated as interest income; and (3) establish a national qualified school construction bond limitation for each calendar year, to be allocated among the States with projected enrollment increases. | {"src": "billsum_train", "title": "School Construction Act of 1998"} | 2,309 | 86 | 0.607343 | 1.313192 | 0.69624 | 3.827586 | 25.057471 | 0.908046 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Fair Treatment and Job
Creation Act of 2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are approximately 28.7 million golfers in the
United States.
(2) The golf industry is responsible for raising
approximately $3.5 billion for charitable causes each year.
This is more than any of the other spectator sports combined.
(3) The golf industry is responsible for 2 million jobs in
the United States, and total wage income of $61 billion.
(4) In 2008, the median cost to play 18 holes for all
public facilities, which includes municipal, military, and
university courses, was approximately $28. For fewer than 18
holes in 2008 the median cost was approximately $14.
(5) There are more than 10,000 public golf facilities in
the United States.
(6) Approximately 70 percent of rounds of golf played at
PGA facilities were played at public golf facilities.
(7) The percentage of minority United States golfers is
14.2%.
(8) The percentage of PGA professionals that are minority
in the United States is 4.7 percent.
(9) The percentage of female golfers in the United States
is 22.4 percent.
(10) The percentage of PGA Professionals that are female is
3.4 percent.
(11) The average age of African-American golf participants
in the United States is 33 years old, which is 4 years younger
than the national average of 37 years old.
(12) The average age of Asian-American golf participants in
the United States is 36 years old, which is close to the
national average.
(13) The average age of Hispanic-American golf participants
in the United States is 31 years old, which is almost 6 years
younger than the national average.
(14) Participation rates for United States households with
incomes above $100,000 are between 20 and 30 percent for both
Caucasians and minorities, respectively.
(15) Participation rates for United States households with
incomes ranging from $50,000 to $75,000 are 19 to 24 percent
for Caucasians and 8 to 18 percent for minorities.
SEC. 3. PURPOSE.
The purpose of this Act is to allow States, local governments, or
private entities to use funds appropriated or otherwise made available
under the American Recovery and Reinvestment Act of 2009 to assist job
creation and workforce diversification in the golf industry.
SEC. 4. USE OF ARRA FUNDS FOR JOB CREATION AND WORKFORCE
DIVERSIFICATION AT PUBLIC GOLF COURSES.
(a) In General.--Section 1604 of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 303)
is amended--
(1) by striking ``None'' and inserting ``(a) None'',
(2) by striking ``private entity, for any casino'' and all
that follows through the period at the end and inserting the
following: ``private entity--
``(1) for any casino or other gambling establishment,
aquarium, zoo, or swimming pool, or
``(2) for any golf course--
``(A) which is a private golf course, and
``(B) to the extent such amounts are not for job
creation and workforce diversification relating to such
golf course.'', and
(3) by adding at the end the following new subsection:
``(b) Any State, local government, or private entity which uses
funds appropriated or otherwise made available under this Act for any
golf course shall--
``(1) not later than 90 days the date of the enactment of
this Act, submit to Comptroller General of the United States
(in such form and manner as the Comptroller may prescribe) a
report which--
``(A) describes baseline data on existing jobs and
diversity of the golf course and related businesses;
and
``(B) provides detailed information on jobs created
with use of funds; and
``(2) institute a diversity plan for the golf course and
related businesses, and establish objective conduct for
recruiting women, members of racial and ethnic minority groups,
and individuals with disabilities for entry, mid-management,
and senior executive positions, with special efforts directed
at recruiting from diverse educational institutions,
professional associations, and other sources.''.
SEC. 5. GAO REPORT REGARDING THE USE OF FUNDS.
Not later than April 1, 2011, the Comptroller General of the United
States shall submit to Congress a report on the use of any funds for
golf courses by reason of the amendments made by section 4 of this Act.
The report shall include the following:
(1) Baseline data on existing structure of employment
opportunities and diversity in the golf industry and related
businesses.
(2) Analysis and recommendations for addressing the
diversity in the golf industry and related businesses.
(3) Information on the number of new jobs created with use
of such funds.
(4) Analysis and recommendations for recruiting women,
members of racial and ethnic minority groups, and individuals
with disabilities for entry, mid-management, and senior
executive positions in the golf industry and related
businesses.
SEC. 6. MODIFICATION OF TAX BENEFITS NOT AVAILABLE WITH RESPECT TO
CERTAIN GOLF COURSE PROPERTY.
(a) In General.--Clause (i) of section 1400N(p)(3)(A) of the
Internal Revenue Code of 1986 is amended by striking ``any private or
commercial golf course, country club,'' and inserting ``any private
golf course, private country club,''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2009. | Economic Fair Treatment and Job Creation Act of 2010 - Amends the American Recovery and Reinvestment Act of 2009 to revise the prohibition against the use by any state or local government or private entity of funds made available in that Act for any golf course to prohibit such use for any golf course: (1) which is private; and (2) to the extent such funds are not for job creation and workforce diversification relating to such golf course.
Requires any entity that uses such funds for a golf course to: (1) submit to the Comptroller General a report which describes baseline data on existing jobs and diversity of the golf course and related businesses and provides detailed information on jobs created; and (2) institute a diversity plan for the golf course and related businesses and establish objective conduct for recruiting women, members of racial and ethnic minority groups, and individuals with disabilities for entry, mid-management, and senior executive positions. Requires the Comptroller General to report on the use of any funds for golf courses as a result of this Act.
Amends the Internal Revenue Code to remove commercial golf courses from property for which specified Gulf Opportunity Zone tax benefits are not available. | {"src": "billsum_train", "title": "To amend the American Recovery and Reinvestment Act of 2009 and the Internal Revenue Code of 1986 to make funds and tax benefits available to assist job creation and workforce diversification in the golf industry, and for other purposes."} | 1,213 | 248 | 0.528519 | 1.711133 | 0.759542 | 4.665198 | 5.242291 | 0.938326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eastern Nevada Land Implementation
Improvement Act''.
SEC. 2. FACILITATION OF PINYON-JUNIPER RELATED PROJECTS IN LINCOLN
COUNTY, NEVADA.
(a) Facilitation of Pinyon-Juniper Related Projects.--
(1) Availability of special account under lincoln county
land act of 2000.--Section 5(b) of the Lincoln County Land Act
of 2000 (Public Law 106-298; 114 Stat. 1048) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B), by inserting ``and
implementation'' after ``development''; and
(ii) in subparagraph (C)--
(I) in clause (i), by striking ``;
and'' at the end and inserting a
semicolon; and
(II) by adding at the end the
following:
``(iii) development and implementation of
comprehensive, cost-effective, and
multijurisdictional hazardous fuels reduction
projects and wildfire prevention planning
(particularly for pinyon-juniper dominated
landscapes) and other rangeland and woodland
restoration projects within the County,
consistent with the Ely Resource Management
Plan and subject to approval by the Secretary;
and''; and
(B) by adding at the end the following:
``(3) Waiver of fees.--Processing of applications for
rights-of-way submitted by local or regional governments within
the County necessary to deliver government-provided services to
land conveyed pursuant to this Act shall not require payment of
cost-recovery fees or payment of contributed funds.
``(4) Cooperative agreements.--Establishment of cooperative
agreements between the Bureau of Land Management and the County
shall be required for County-provided law enforcement and
planning related activities regarding--
``(A) wilderness in the County designated by the
Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat.
2403);
``(B) cultural resources identified, protected, and
managed pursuant to that Act;
``(C) planning, management, and law enforcement
associated with the Silver State OHV Trail designated
by that Act; and
``(D) planning associated with land disposal and
related land use authorizations required for utility
corridors and rights-of-way to serve land that has
been, or is to be, disposed of pursuant to that Act and
this Act.''.
(2) Availability of special account under lincoln county
conservation, recreation, and development act of 2004.--Section
103 of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2406) is
amended--
(A) in subsection (b)(3)--
(i) in subparagraph (E), by striking ``;
and'' at the end and inserting a semicolon;
(ii) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) development and implementation of
comprehensive, cost-effective, and multijurisdictional
hazardous fuels reduction and wildfire prevention
planning (particularly for pinyon-juniper dominated
landscapes) and other rangeland and woodland
restoration projects within the County, consistent with
the Ely Resource Management Plan and subject to
approval by the Secretary.''; and
(B) by adding at the end the following:
``(d) Waiver of Fees.--Processing of applications for rights-of-way
submitted by local or regional governments within the County necessary
to deliver government-provided services to land conveyed pursuant to
this Act shall not require payment of cost-recovery fees or payment of
contributed funds.
``(e) Cooperative Agreements.--Establishment of cooperative
agreements between the Bureau of Land Management and the County shall
be required for County-provided law enforcement and planning related
activities regarding--
``(1) wilderness in the County designated by this Act;
``(2) cultural resources identified, protected, and managed
pursuant to this Act;
``(3) planning, management, and law enforcement associated
with the Silver State OHV Trail designated by this Act; and
``(4) planning associated with land disposal and related
land use authorizations required for utility corridors and
rights-of-way to serve land that has been, or is to be,
disposed of pursuant to this Act and the Lincoln County Land
Act of 2000 (Public Law 106-298; 114 Stat. 1046).''.
(b) Disposition of Proceeds.--
(1) Disposition of proceeds under lincoln county land act
of 2000.--Section 5(a)(2) of the Lincoln County Land Act of
2000 (Public Law 106-298; 114 Stat. 1047) is amended by
inserting ``and the Lincoln County Regional Development
Authority or any other County economic development
organization'' after ``schools''.
(2) Disposition of proceeds under lincoln county
conservation, recreation, and development act of 2004.--Section
103(b)(2) of the Lincoln County Conservation, Recreation, and
Development Act of 2004 (Public Law 108-424; 118 Stat. 2405) is
amended by striking ``and transportation'' and inserting
``transportation, and the Lincoln County Regional Development
Authority or any other County economic development
organization''.
(c) Certain Land in Utility Corridor Not Withdrawn.--Section 301(c)
of the Lincoln County Conservation, Recreation, and Development Act of
2004 (Public Law 108-424; 118 Stat. 2413) is amended in the matter
preceding paragraph (1) by inserting ``(other than land in the corridor
located in sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N.,
R. 68 E.)'' after ``subsection (a)''.
SEC. 3. MT. MORIAH WILDERNESS, HIGH SCHELLS WILDERNESS, AND ARC DOME
WILDERNESS BOUNDARY ADJUSTMENTS.
(a) Amendments to the Pam White Wilderness Act.--Section 323 of the
Pam White Wilderness Act of 2006 (16 U.S.C. 1132 note; Public Law 109-
432; 120 Stat. 3031) is amended by striking subsection (e) and
inserting the following:
``(e) Mt. Moriah Wilderness Adjustment.--The boundary of the Mt.
Moriah Wilderness established under section 2(13) of the Nevada
Wilderness Protection Act of 1989 (16 U.S.C. 1132 note; Public Law 101-
195) is adjusted to include--
``(1) the land identified as the `Mount Moriah Wilderness
Area' and `Mount Moriah Additions' on the map entitled `Eastern
White Pine County' and dated November 29, 2006; and
``(2) the land identified as `NFS Lands' on the map
entitled `Proposed Wilderness Boundary Adjustment Mt. Moriah
Wilderness Area' and dated June 18, 2014.
``(f) High Schells Wilderness Adjustment.--The boundary of the High
Schells Wilderness established under subsection (a)(11) is adjusted to
include the land identified as `Include as Wilderness' on the map
entitled `McCoy Creek Adjustment' and dated November 3, 2014, and to
exclude the land identified as `NFS Lands' on the map entitled
`Proposed Wilderness Boundary Adjustment High Schells Wilderness Area'
and dated June 17, 2014.''.
(b) Amendments to the Nevada Wilderness Protection Act of 1989.--
The Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note;
Public Law 101-195; 103 Stat. 1784) is amended by adding at the end the
following:
``SEC. 12. ARC DOME BOUNDARY ADJUSTMENT.
``The boundary of the Arc Dome Wilderness established under section
2(2) is adjusted to exclude the land identified as `Exclude from
Wilderness' on the map entitled `Arc Dome Adjustment' and dated
November 3, 2014.''.
SEC. 4. IMPLEMENTATION OF CONSERVATION PLAN, VIRGIN RIVER, NEVADA.
Section 3(d)(3)(B) of Public Law 99-548 (100 Stat. 3061; 116 Stat.
2018) is amended by striking ``development of a multispecies habitat
conservation plan for'' and inserting ``development and implementation
of a conservation plan to benefit fish and wildlife species of''. | Eastern Nevada Land Implementation Improvement Act Amends the Lincoln County Land Act of 2000 (the Act) to require implementation of a multispecies habitat conservation plan in Lincoln County, Nevada. Amends the Act and the Lincoln County Conservation, Recreation, and Development Act of 2004 to make certain amounts available for comprehensive, cost-effective, and multijurisdictional hazardous fuels reduction projects and wildfire prevention planning (particularly for pinyon-juniper dominated landscapes) and other rangeland and woodland restoration projects within the county, consistent with the Ely Resource Management Plan and subject to approval by the Department of the Interior. Requires establishment of cooperative agreements between the Bureau of Land Management and Lincoln County for certain county-provided law enforcement and planning related activities. Requires the use of a portion of proceeds from land sales under both Acts for the Lincoln County Regional Development Authority or any other county economic development organization. Excludes specified public land within certain utility corridors in Lincoln and Clark Counties, Nevada, from being withdrawn from public land, mining, and mineral leasing and geothermal leasing laws. Amends the Pam White Wilderness Act to adjust the boundary of the Mt. Moriah Wilderness to include specified lands. Adjusts the boundary of the High Schells Wilderness to include and exclude specified lands. Amends the Nevada Wilderness Protection Act of 1989 to adjust the boundary of the Arc Dome Wilderness to exclude specified land. Amends the Mesquite Lands Act of 1988 to require the proceeds of the sales of certain parcels of land by Interior to the city of Mesquite, Nevada, to be made available for use for the development and implementation of a conservation plan to benefit fish and wildlife species of the Virgin River in Clark County (rather than, as currently, for development of a multispecies habitat conservation plan). | {"src": "billsum_train", "title": "Eastern Nevada Land Implementation Improvement Act"} | 2,001 | 407 | 0.609486 | 2.082907 | 0.820282 | 3.502976 | 5.005952 | 0.83631 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biosurveillance Enhancement Act of
2007''.
SEC. 2. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following new
section:
``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
``(a) Establishment.--The Secretary shall establish a National
Biosurveillance Integration Center (referred to in this section as the
`NBIC') to enhance the capability of the Federal Government to rapidly
identify, characterize, and localize a biological event by integrating
and analyzing data related to human health, animals, plants, food, and
the environment. The NBIC shall be headed by a Director.
``(b) Integrated Biosurveillance Network.--As part of the NBIC, the
Director shall develop, operate, and maintain an integrated network to
detect, as early as possible, a biological event that presents a risk
to the United States or the infrastructure or key assets of the United
States. The network shall--
``(1) consolidate data from all relevant surveillance
systems maintained by the Department and other governmental and
private sources, both foreign and domestic, to the extent
practicable; and
``(2) use an information technology system that uses the
best available statistical and other analytical tools to
identify and characterize biological events in as close to
real-time as possible.
``(c) Responsibilities.--
``(1) In general.--The Director shall--
``(A) monitor on an ongoing basis the availability
and appropriateness of candidate data feeds and solicit
new surveillance systems with data that would enhance
biological situational awareness or overall performance
of the NBIC;
``(B) review and seek to improve on an ongoing
basis the statistical and other analytical methods used
by the NBIC;
``(C) establish a procedure to enable Federal,
State and local government, and private sector entities
to report suspicious events that could warrant further
assessments by the NBIC;
``(D) receive and consider all relevant homeland
security information; and
``(E) provide technical assistance, as appropriate,
to all Federal, State, and local government entities
and private sector entities that contribute data
relevant to the operation of the NBIC.
``(2) Assessments.--The Director shall--
``(A) continuously evaluate available data for
evidence of a biological event; and
``(B) integrate homeland security information with
NBIC data to provide overall biological situational
awareness and determine whether a biological event has
occurred.
``(3) Information sharing.--The Director shall--
``(A) establish a mechanism for real-time
communication with the National Operations Center;
``(B) provide integrated information to the heads
of the departments and agencies with which the Director
has entered into an agreement under subsection (d);
``(C) notify the Secretary, the head of the
National Operations Center, and the heads of
appropriate Federal, State, tribal, and local entities
of any significant biological event identified by the
NBIC;
``(D) provide reports on NBIC assessments to
Federal, State, and local government entities,
including departments and agencies with which the
Director has entered into an agreement under subsection
(d), and any private sector entities, as considered
appropriate by the Director; and
``(E) use information sharing networks available to
the Department, including such networks of the Office
of Information Analysis and the National Operations
Center, for distributing NBIC incident or situational
awareness reports.
``(d) Interagency Agreements.--
``(1) In general.--The Secretary shall seek to enter into
agreements with the heads of appropriate Federal departments
and agencies, including the Department of Health and Human
Services, Department of Defense, the Department of Agriculture,
the Department of State, the Department of Interior, and the
Intelligence Community.
``(2) Content of agreements.--Under an agreement entered
into under paragraph (1), the head of a Federal department or
agency shall agree to--
``(A) use the best efforts of the department or
agency to integrate biosurveillance information
capabilities through NBIC;
``(B) provide timely, evaluated information to
assist the NBIC in maintaining biological situational
awareness for timely and accurate detection and
response purposes;
``(C) provide connectivity for the biosurveillance
data systems of the department or agency to the NBIC
network under mutually agreed protocols;
``(D) detail, if practicable, to the NBIC
department or agency personnel with relevant expertise
in human, animal, plant, food, or environmental disease
analysis and interpretation;
``(E) retain responsibility for the surveillance
and intelligence systems of that department or agency,
if applicable; and
``(F) participate in forming the strategy and
policy for the operation and information sharing
practices of the NBIC.
``(e) Notification of Director.--The Secretary shall ensure that
the Director is notified of homeland security information relating to
any significant biological threat and receives all classified and
unclassified reports related to such a threat in a timely manner.
``(f) Administrative Authorities.--
``(1) Privacy.--The Secretary shall--
``(A) designate the NBIC as a public health
authority;
``(B) ensure that the NBIC complies with any
applicable requirements of the Health Insurance
Portability and Accountability Act of 1996; and
``(C) ensure that all applicable privacy
regulations are strictly adhered to in the operation of
the NBIC and the sharing of any information related to
the NBIC.
``(2) Collection of information.--The NBIC, as a public
health authority with a public health mission, is authorized to
collect or receive health information, including such
information protected under the Health Insurance Portability
and Accountability Act of 1996, for the purpose of preventing
or controlling disease, injury, or disability.
``(g) NBIC Interagency Working Group.--The Director shall--
``(1) establish an interagency working group to facilitate
interagency cooperation to advise the Director on
recommendations to enhance the biosurveillance capabilities of
the Department; and
``(2) invite officials of Federal agencies that conduct
biosurveillance programs, including officials of the
departments and agencies with which the Secretary has entered
into an agreement under subsection (d), to participate in the
working group.
``(h) Annual Report Required.--Not later than December 31 of each
year, the Secretary shall submit to Congress a report that contains
each of the following:
``(1) A list of departments, agencies, and private or
nonprofit entities participating in the NBIC and a description
of the data that each entity has contributed to the NBIC during
the preceding fiscal year.
``(2) The schedule for obtaining access to any relevant
biosurveillance information not received by the NBIC as of the
date on which the report is submitted.
``(3) A list of Federal, State, and local government
entities and private sector entities that have direct or
indirect access to the information that is integrated by the
NBIC.
``(4) For any year before the NBIC is fully implemented or
any year in which any major structural or institutional change
is made to the NBIC, an implementation plan for the NBIC that
includes cost, schedule, key milestones, and the status of such
milestones.
``(i) Relationship to Other Departments and Agencies.--The
authority of the Secretary under this section shall not affect an
authority or responsibility of any other Federal department or agency
with respect to biosurveillance activities under any program
administered by that department or agency.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each fiscal year.
``(k) Biological Event.--For purposes of this section, the term
`biological event' means--
``(1) an act of terrorism involving biological agents or
toxins of known or unknown origin; or
``(2) a naturally occurring outbreak of an infectious
disease that may be of potential national significance.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the items relating to such title
the following:
``Sec. 316. National Biosurveillance Integration Center.''.
(c) Deadline for Implementation.--The National Biosurveillance
Integration Center required under section 316 of the Homeland Security
Act of 2002, as added by subsection (a), shall be fully operational by
not later than September 30, 2008. | Biosurveillance Enhancement Act of 2007 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish a National Biosurveillance Integration Center (NBIC) to enhance the government's capability to rapidly identify, characterize, and localize a biological event (a terrorist act involving biological agents or toxins or a naturally occurring outbreak of infectious disease of potential national significance) by integrating and analyzing data related to human health, animals, plants, food, and the environment.
Requires the Director of NBIC to develop, operate, and maintain an integrated network to detect a biological event that presents a risk to the United States or its infrastructure or key assets. Includes among the Director's responsibilities establishment of a procedure to enable government and private sector entities to report suspicious events. Requires the Director to continuously evaluate data, integrate homeland security information with NBIC data, and establish a mechanism for real-time communication with the National Operations Center.
Directs the Secretary to: (1) seek agreements for appropriate federal agency heads to integrate biosurveillance information capabilities through NBIC and to provide timely, evaluated information; (2) ensure that the Director is notified of homeland security information regarding significant biological threats and receives timely reports; (3) designate NBIC as a public health authority; and (4) ensure that NBIC complies with the Health Insurance Portability and Accountability Act of 1996 and applicable privacy regulations.
Requires: (1) the Director to establish an interagency working group; and (2) the Secretary to report annually to Congress. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish a National Biosurveillance Integration Center."} | 1,933 | 342 | 0.74426 | 2.402773 | 0.86731 | 4.178082 | 6.171233 | 0.945205 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Caddo Lake National Heritage Area
Act of 2018''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Caddo lake heritage area commission.--The term ``Caddo
Lake Heritage Area Commission'' means the management entity for
the Heritage Area.
(2) Heritage area.--The term ``Heritage Area'' means the
Caddo Lake National Heritage Area established by section 3(a).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 4.
(4) Map.--The term ``map'' means the map prepared under
section 3(b).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means each of the States
of--
(A) Louisiana; and
(B) Texas.
SEC. 3. CADDO LAKE NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the States the Caddo
Lake National Heritage Area.
(b) Boundaries.--As soon as practicable after the date of enactment
of this Act, the Secretary shall prepare a map depicting the boundaries
of the Heritage Area.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of--
(1) the National Park Service; and
(2) the Caddo Lake Heritage Area Commission.
(d) Caddo Lake Heritage Area Commission.--The Caddo Lake Heritage
Area Commission shall--
(1) serve as the management entity for the Heritage Area;
(2) oversee the development of the management plan; and
(3) be governed by a board of directors that shall--
(A) include members that represent a geographic
balance across the applicable counties and the States;
(B) be composed of not fewer than 7, and not more
than 15, members elected by the membership of the Caddo
Lake Heritage Area Commission;
(C) be selected to represent a balanced group of
diverse interests, including--
(i) the forest industry;
(ii) the energy or mineral resources
industry;
(iii) environmental interests;
(iv) cultural heritage interests;
(v) tourism interests; and
(vi) regional agency partners;
(D) exercise all corporate powers of the Caddo Lake
Heritage Area Commission;
(E) manage the activities and affairs of the Caddo
Lake Heritage Area Commission; and
(F) subject to any limitations in the articles and
bylaws of the Caddo Lake Heritage Area Commission, this
Act, and any other applicable Federal or State law,
establish the policies of the Caddo Lake Heritage Area
Commission.
SEC. 4. MANAGEMENT PLAN.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, the Caddo Lake Heritage Area Commission shall develop and
submit to the Secretary for approval a management plan for the Heritage
Area.
(b) Requirements.--The management plan shall--
(1) describe comprehensive policies, goals, strategies, and
recommendations for--
(A) presenting to the citizens of the United States
the heritage of the region; and
(B) encouraging the long-term resource
conservation, enhancement, interpretation, funding,
management, and development of the Heritage Area;
(2) take into consideration and coordinate Federal, State,
and local plans to present a unified historic preservation and
interpretation plan for the Heritage Area;
(3) involve residents, public agencies, and private
organizations of the Heritage Area;
(4) describe actions that units of government, private
organizations, and citizens recommend for the conservation,
enhancement, interpretation, funding, management, and
development of the resources of the Heritage Area;
(5) identify--
(A) existing and potential sources of funding for
the conservation, enhancement, interpretation,
management, and development of the resources of the
Heritage Area; and
(B) economic development strategies for the
conservation, enhancement, interpretation, funding,
management, and development of the resources of the
Heritage Area;
(6) include--
(A) an inventory of the cultural, natural,
historical, educational, scenic, and recreational
resources contained in the Heritage Area, including a
list of property that--
(i) is related to the themes of the
Heritage Area; and
(ii) should be conserved, enhanced,
managed, or developed;
(B) a recommendation of policies and strategies for
resource management and conservation, including the
development of intergovernmental cooperative agreements
to manage and conserve the cultural, natural,
historical, educational, scenic, and recreational
resources of the Heritage Area;
(C) a program of strategies and actions to
implement the management plan that includes--
(i) performance goals;
(ii) resource conservation plans;
(iii) enhancement strategies;
(iv) interpretation strategies; and
(v) specific commitments for implementation
that have been made by the Caddo Lake Heritage
Area Commission or any government,
organization, business, or individual;
(D) an analysis of, and recommendations for, means
by which Federal, State, and local programs may best be
coordinated to further the purposes of this Act,
including an analysis of the role of the National Park
Service and other Federal agencies associated with the
Heritage Area;
(E) a business plan that--
(i) describes the role, operation,
financing, and functions of--
(I) the Caddo Lake Heritage Area
Commission; and
(II) each of the major activities
included in the management plan; and
(ii) provides adequate assurances that the
Caddo Lake Heritage Area Commission has the
partnerships and financial and other resources
necessary to implement the management plan; and
(F) an interpretive plan for the Heritage Area; and
(7) describe any revisions to the boundaries of the
Heritage Area--
(A) proposed by the Caddo Lake Heritage Area
Commission; and
(B) requested by the affected local government.
(c) Approval of Management Plan.--
(1) Review.--Not later than 180 days after the date of
receipt of the management plan under subsection (a), the
Secretary shall review and approve or disapprove the management
plan.
(2) Criteria.--In determining whether to approve the
management plan, the Secretary shall consider whether--
(A) the management plan meets all requirements
described in subsection (b); and
(B) the Caddo Lake Heritage Area Commission has
afforded adequate opportunity, including public
hearings, for public and governmental involvement in
the preparation of the management plan.
(d) Action Following Disapproval.--If the Secretary disapproves the
management plan under subsection (c)(1), the Secretary shall--
(1) advise the Caddo Lake Heritage Area Commission in
writing of the reasons for the disapproval;
(2) make recommendations for revisions to the management
plan; and
(3) not later than 180 days after the date of receipt of a
proposed revision to the management plan, approve or disapprove
the proposed revision.
(e) Amendments.--The Secretary shall review and approve or
disapprove each amendment to the management plan that the Secretary
determines may substantially alter the purposes of the Heritage Area.
(f) Effect of Inaction.--If the Secretary does not approve or
disapprove a management plan or a revision or change to a management
plan by the date that is 180 days after the date on which the
management plan or revision or change to the management plan is
submitted, the management plan, revision, or change shall be considered
to have been approved by the Secretary.
SEC. 5. AUTHORITIES AND DUTIES OF THE CADDO LAKE HERITAGE AREA
COMMISSION.
(a) Authorities.--For purposes of preparing and carrying out the
management plan, the Caddo Lake Heritage Area Commission may--
(1) make grants to--
(A) political jurisdictions of the States;
(B) nonprofit organizations; and
(C) other persons or entities located in the
Heritage Area;
(2) enter into cooperative agreements with, or provide
technical assistance to--
(A) political jurisdictions of the States;
(B) nonprofit organizations;
(C) the heads of Federal agencies; and
(D) other interested persons or entities;
(3) hire and compensate staff who have demonstrated
expertise in the fields of--
(A) cultural, natural, and historical resources
conservation;
(B) economic and community development;
(C) forestry; or
(D) heritage planning;
(4) obtain money or services from any source, including any
money or services provided under any other Federal program or
law, in which case the Federal share of the cost of any
activity carried out using Federal funds shall be not more than
50 percent;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that--
(A) further the purposes of the Heritage Area; and
(B) are consistent with the management plan.
(b) Duties.--In addition to developing the management plan, the
Caddo Lake Heritage Area Commission shall--
(1) for any fiscal year for which Federal funds have been
expended for the Heritage Area by the Caddo Lake Heritage Area
Commission under this Act--
(A) submit to the Secretary an annual report that
describes--
(i) the specific performance goals and
accomplishments of the Caddo Lake Heritage Area
Commission;
(ii) the expenses and income of the Caddo
Lake Heritage Area Commission;
(iii) the amounts and sources of matching
funds;
(iv) the amounts leveraged with Federal
funds and the sources of the leveraging; and
(v) any grants made to any other entities
during the fiscal year; and
(B) make available for audit by Congress, the
Secretary, and appropriate units of government, all
records pertaining to the expenditure of the funds and
any matching funds; and
(2) encourage, by appropriate means and consistent with the
purposes of the Heritage Area, the economic viability of the
Heritage Area.
(c) Prohibition on the Acquisition of Real Property.--The Caddo
Lake Heritage Area Commission shall not use Federal funds to acquire
real property or any interest in real property.
SEC. 6. AUTHORITIES AND DUTIES OF THE SECRETARY.
(a) Technical and Financial Assistance.--On request of the Caddo
Lake Heritage Area Commission, the Secretary may provide technical and
financial assistance, on a reimbursable or nonreimbursable basis, to
the Caddo Lake Heritage Area Commission for--
(1) the development and implementation of the management
plan; and
(2) other initiatives of the Caddo Lake Heritage Area
Commission.
(b) Cooperative Agreements.--
(1) In general.--To carry out this Act, the Secretary may
enter into cooperative agreements with the Caddo Lake Heritage
Area Commission and other public and private entities to
provide assistance under subsection (a).
(2) Requirements.--A cooperative agreement entered into
under paragraph (1) shall, at a minimum--
(A) establish the goals and objectives of the
Heritage Area; and
(B) include--
(i) a proposal relating to the conservation
and interpretation of the Heritage Area; and
(ii) a general outline describing each
measure agreed to by the Secretary and the
Caddo Lake Heritage Area Commission.
SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.
(a) In General.--Nothing in this Act affects the authority of any
Federal official to provide technical or financial assistance under any
other law.
(b) Consultation and Coordination.--The head of any Federal agency
planning to conduct an activity that may have an impact on the Heritage
Area shall, to the maximum extent practicable--
(1) consult with the Secretary and the Caddo Lake Heritage
Area Commission regarding the activity; and
(2) coordinate the activity with the Secretary and the
Caddo Lake Heritage Area Commission.
(c) Effect on Other Federal Agencies.--Nothing in this Act--
(1) modifies, alters, or amends any law (including a
regulation) authorizing a Federal agency to manage Federal land
under the jurisdiction of the Federal agency;
(2) limits the discretion of a Federal land manager to
implement an approved land use plan within the boundaries of
the Heritage Area; or
(3) modifies, alters, or amends any authorized use of
Federal land under the jurisdiction of a Federal agency.
SEC. 8. PROPERTY OWNERS AND REGULATORY PROTECTIONS.
Nothing in this Act--
(1) abridges the rights of any property owner, whether
public or private, including the right to refrain from
participating in any plan, project, program, or activity
conducted within the Heritage Area;
(2) requires any property owner--
(A) to permit public access (including Federal,
Tribal, State, or local government access) to the
property of the property owner; or
(B) to modify any provisions of Federal, Tribal,
State, or local law with regard to public access or use
of private land;
(3) alters any duly adopted land use regulation, any
approved land use plan, or any other regulatory authority of
any Federal, State, or local agency or Tribal government;
(4) conveys any land use or other regulatory authority to
the Caddo Lake Heritage Area Commission;
(5) authorizes or implies the reservation or appropriation
of water or water rights;
(6) diminishes the authority of the State to manage fish
and wildlife, including the regulation of fishing and hunting
within the Heritage Area;
(7) creates any liability, or affects any liability under
any other law, of any private property owner with respect to
any person injured on the private property;
(8) abridges, or authorizes the Secretary or the Caddo Lake
Heritage Area Commission to abridge, valid rights to timber
harvesting; or
(9) abridges, restricts, or alters the rights of any
property owner with regard to the property of the property
owner.
SEC. 9. EVALUATION.
(a) In General.--Not later than 3 years after the date of the
approval of the management plan under section 4(c), the Secretary
shall--
(1) conduct an evaluation of the accomplishments of the
Heritage Area; and
(2) prepare a report in accordance with subsection (c).
(b) Evaluation Components.--An evaluation prepared under subsection
(a)(1) shall--
(1) assess the progress of the Caddo Lake Heritage Area
Commission with respect to--
(A) accomplishing the purposes of the authorizing
legislation for the Heritage Area; and
(B) achieving the goals and objectives of the
approved management plan for the Heritage Area;
(2) analyze the State, local, and private investments in
the Heritage Area to determine the leverage and impact of the
investments; and
(3) review the management structure, partnership
relationships, and funding of the Heritage Area for purposes of
identifying the critical components for sustainability of the
Heritage Area.
(c) Report.--Based on the evaluation conducted under subsection
(a)(1), the Secretary shall prepare and submit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a report that includes
recommendations for the future role of the National Park Service, if
any, with respect to the Heritage Area.
SEC. 10. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance under this Act
terminates on the date that is 15 years after the date of enactment of
this Act. | Caddo Lake National Heritage Area Act of 2018 This bill establishes the Caddo Lake National Heritage Area in Louisiana and Texas. The bill designates the Caddo Lake Heritage Area Commission as the management entity for the area. The commission shall submit a management plan for the area. Such plan must contain an inventory of the cultural, natural, historical, educational, scenic, and recreational resources in the area, including a list of the property that is related to the area's themes and that should be conserved, enhanced, managed, or developed. | {"src": "billsum_train", "title": "Caddo Lake National Heritage Area Act of 2018"} | 3,309 | 123 | 0.634314 | 1.6371 | 0.623411 | 3.84466 | 31.07767 | 0.893204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Cheese Promotion and Dairy
Support Act of 2018''.
SEC. 2. ASSISTANCE FOR SMALL CHEESE PRODUCERS.
The Agricultural Adjustment Act (7 U.S.C. 601 et seq.), reenacted
with amendments by the Agricultural Marketing Agreement Act of 1937, is
amended by adding at the end the following:
``SEC. 24. ASSISTANCE FOR SMALL CHEESE PRODUCERS.
``(a) Definitions.--In this section:
``(1) Eligible institution.--The term `eligible
institution' means--
``(A) a land-grant college or university (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103));
``(B) a local office of the National Institute of
Food and Agriculture or other regional office of the
Department of Agriculture;
``(C) a group of regional experts (as determined by
the Secretary) that advises beginning farmers or
ranchers (as defined under section 343(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1991(a))); or
``(D) a nonprofit organization.
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(3) Small cheese producer.--The term `small cheese
producer' has the meaning given the term by the Secretary.
``(b) Grant Program.--
``(1) In general.--The Secretary shall establish a program
under which the Secretary shall make competitive grants to, as
determined by the Secretary--
``(A) eligible small cheese producers; and
``(B) cooperative groups of small cheese producers.
``(2) Preference.--In making grants under this subsection,
the Secretary shall give preference to small cheese producers
that use locally or regionally sourced product to produce
cheese.
``(3) Use of funds.--The recipient of a grant under this
subsection may use grant funds--
``(A) to purchase equipment or renovate and make
repairs to production facilities;
``(B) to develop a business plan or perform a
feasibility study to grow the business of the small
cheese producer;
``(C) to promote and market cheese;
``(D) to participate in accounting and financial
literacy education and training or purchase necessary
software;
``(E) to upgrade facilities to meet food safety
standards;
``(F) to participate in food safety training; and
``(G) to participate in relevant job training, such
as training in--
``(i) cheese-making quality; or
``(ii) the production of a variety of
cheese that the recipient has not produced
before.
``(c) Cheese Production Education and Promotion Pilot Project.--
``(1) In general.--The Secretary shall not use more than 10
percent of the funds made available to carry out this section
to establish at one or more eligible institutions a pilot
project that will--
``(A) develop, or support an existing, regional
cheese-making resource center with the technical
assistance and electronic resource capabilities to
provide small cheese producers with financial,
marketing, food safety, and production assistance;
``(B) support a group of experienced cheese
producers or subject matter experts (as determined by
the Secretary) to advise beginning cheese producers;
and
``(C) establish, or grow an existing, national
cheese-making resource center to act as a clearinghouse
for best practices applicable to small cheese
producers.
``(2) Requirements.--To be eligible to receive funding to
establish a pilot project described in paragraph (1), an
eligible institution shall demonstrate to the Secretary--
``(A) the capacity and technical expertise to
provide the services described in that paragraph;
``(B) the support of the eligible institution in
the agricultural community; and
``(C) the availability of resources (in cash or in
kind) of definite value to achieve the goal and sustain
the mission of the pilot project.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023, to remain available until expended.''. | Local Cheese Promotion and Dairy Support Act of 2018 This bill amends the Agricultural Adjustment Act to establish a Department of Agriculture (USDA) program to provide competitive grants to small cheese producers and cooperative groups of small cheese producers. In awarding grants, USDA must define the term "small cheese producer" and give preference to producers that use locally or regionally sourced product to produce cheese. Grant recipients may use the funds to: purchase equipment or renovate and make repairs to production facilities, develop a business plan or perform a feasibility study to grow the business, promote and market cheese, participate in accounting and financial literacy education and training, carry out food safety upgrades and training, and participate in job training. Using no more than 10% of the funds provided for this bill, USDA must establish a cheese production, education, and promotion pilot project at eligible institutions, including: land-grant colleges or universities, local offices of the National Institute of Food and Agriculture or other regional USDA offices, groups of regional experts that advise beginning farmers or ranchers, or nonprofit organizations. | {"src": "billsum_train", "title": "Local Cheese Promotion and Dairy Support Act of 2018"} | 966 | 227 | 0.690403 | 1.942545 | 1.110253 | 2.934884 | 4.186047 | 0.832558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserve Soft
Landing Reintegration Act''.
SEC. 2. TEMPORARY RETENTION ON ACTIVE DUTY AFTER DEMOBILIZATION OF
RESERVES FOLLOWING EXTENDED DEPLOYMENTS IN CONTINGENCY
OPERATIONS OR HOMELAND DEFENSE MISSIONS.
(a) In General.--Chapter 1209 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 12323. Reserves: temporary retention on active duty after
demobilization following extended deployments in
contingency operations or homeland defense missions
``(a) In General.--Subject to subsection (d), a member of a reserve
component of the Armed Forces described in subsection (b) shall be
retained on active duty in the Armed Forces for a period of 45 days
following the conclusion of the member's demobilization from a
deployment as described in that subsection, and shall be authorized the
use of any accrued leave.
``(b) Covered Members.--A member of a reserve component of the
Armed Forces described in this subsection is any member of a reserve
component of the Armed Forces who was deployed for more than 179 days
under the following:
``(1) A contingency operation.
``(2) A homeland defense mission (as specified by the
Secretary of Defense for purposes of this section).
``(c) Pay and Allowances.--Notwithstanding any other provision of
law, while a member is retained on active duty under subsection (a),
the member shall receive--
``(1) the basic pay payable to a member of the Armed Forces
under section 204 of title 37 in the same pay grade as the
member;
``(2) the basic allowance for subsistence payable under
section 402 of title 37; and
``(3) the basic allowance for housing payable under section
403 of title 37 for a member in the same pay grade, geographic
location, and number of dependents as the member.
``(d) Early Release From Active Duty.--(1) Subject to paragraph
(2), at the written request of a member retained on active duty under
subsection (a), the member shall be released from active duty not later
than the end of the 14-day period commencing on the date the request
was received. If such 14-day period would end after the end of the 45-
day period specified in subsection (a), the member shall be released
from active duty not later than the end of such 45-day period.
``(2) The request of a member for early release from active duty
under paragraph (1) may be denied only for medical or personal safety
reasons. The denial of the request shall require the affirmative action
of an officer in a grade above O-5 who is in the chain of command of
the member. If the request is not denied before the end of the 14-day
period applicable under paragraph (1), the request shall be deemed to
be approved, and the member shall be released from active duty as
requested.
``(e) Reintegration Counseling and Services.--(1) The Secretary of
the military department concerned shall provide each member retained on
active duty under subsection (a), while the member is so retained on
active duty, counseling and services to assist the member in
reintegrating into civilian life.
``(2) The counseling and services provided members under this
subsection shall include the following:
``(A) Physical and mental health evaluations.
``(B) Employment counseling and assistance.
``(C) Marriage and family counseling and assistance.
``(D) Financial management counseling.
``(E) Education counseling.
``(F) Counseling and assistance on benefits available to
the member through the Department of Defense and the Department
of Veterans Affairs.
``(3) The Secretary of the military department concerned shall
provide, to the extent practicable, for the participation of
appropriate family members of members retained on active duty under
subsection (a) in the counseling and services provided such members
under this subsection.
``(4) The counseling and services provided to members under this
subsection shall, to the extent practicable, be provided at National
Guard armories and similar facilities close the residences of such
members.
``(5) Counseling and services provided a member under this
subsection shall, to the extent practicable, be provided in
coordination with the Yellow Ribbon Reintegration Program of the State
concerned under section 582 of the National Defense Authorization Act
for Fiscal Year 2008 (10 U.S.C. 10101 note).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 1209 of such title is amended by adding at the end the
following new item:
``12323. Reserves: temporary retention on active duty after
demobilization following extended
deployments in contingency operations or
homeland defense missions.''. | National Guard and Reserve Soft Landing Reintegration Act - Requires that a member of a reserve component of the Armed Forces who was deployed for more than 179 days for a contingency operation or a homeland defense mission be: (1) retained on active duty in the Armed Forces for 45 days after the end of the member's demobilization from a deployment; (2) allowed to use accrued leave; and (3) paid specified pay and allowances.
Requires a member requesting an early release from such active duty to be released within 14 days after such request. Allows such request to be denied only for medical or personal safety reasons.
Directs the Secretary of the military department concerned to provide each member so retained (and, as practicable, appropriate family members) reintegration counseling and services. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to provide for the retention of members of the reserve components on active duty for a period of 45 days following an extended deployment in contingency operations or homeland defense missions to support their reintegration into civilian life, and for other purposes."} | 1,072 | 180 | 0.61216 | 1.684211 | 0.832596 | 4.218543 | 6.701987 | 0.933775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Backcountry Landing Strip Access
Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Secretary of the Interior and the Secretary of
Agriculture should adopt a nationwide policy for governing
backcountry aviation issues related to the management of
Federal land under the jurisdiction of those Secretaries and
should require regional managers to adhere to that policy.
(2) Aircraft landing strips serve an essential safety role
as emergency landing areas.
(3) Aircraft landing strips provide access to people who
would otherwise be physically unable to enjoy national parks,
national forests, and other Federal lands and serve an
essential purpose in search and rescue, firefighting, forest,
and ecological management, research, and aerial mapping.
SEC. 3. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING AIRCRAFT
LANDING STRIPS.
(a) In General.--Neither the Secretary of the Interior nor the
Secretary of Agriculture shall take any action which would permanently
close or render or declare as unserviceable any aircraft landing strip
located on Federal land under the administrative jurisdiction of either
Secretary unless--
(1) the head of the aviation department of each State in
which the aircraft landing strip is located has approved the
action;
(2) notice of the proposed action and the fact that the
action would permanently close or render or declare as
unserviceable the aircraft landing strip has been published in
the Federal Register;
(3) a 90-day public comment period on the action has been
provided after the publication under paragraph (2); and
(4) any comments received during the comment period
provided under paragraph (3) have been taken into consideration
by the Secretary of the Interior or the Secretary of
Agriculture, as the case may be, and the head of the aviation
department of each State in which the affected aircraft landing
strip is located.
(b) National Policy.--Not later than 2 years after the date of the
enactment of this Act, the Secretary of the Interior and the Secretary
of Agriculture shall--
(1) adopt a nationwide policy that is in accordance with
this Act for governing backcountry aviation issues related to
the management of Federal land under the jurisdiction of those
Secretaries; and
(2) require regional managers to adhere to that policy.
(c) Requirements for Policies.--A policy affecting air access to an
aircraft landing strip located on Federal land under the jurisdiction
of the Secretary of the Interior or the Secretary of Agriculture,
including the policy required by subsection (b), shall not take effect
unless the policy--
(1) states that the Federal Aviation Administration has the
sole authority to control aviation and airspace over the United
States; and
(2) seeks and considers comments from State governments and
the public.
(d) Maintenance of Airstrips.--
(1) In general.--The Secretary of the Interior and the
Secretary of Agriculture shall consult with--
(A) the head of the aviation department of each
State in which an aircraft landing strip on Federal
land under the jurisdiction of that Secretary is
located; and
(B) other interested parties,
to ensure that such aircraft landing strips are maintained in a
manner that is consistent with the resource values of the
adjacent area.
(2) Cooperative agreements.--The Secretary of the Interior
and the Secretary of Agriculture may enter into cooperative
agreements with interested parties for the maintenance of
aircraft landing strips located on Federal land.
(e) Exchanges or Acquisitions.--Closure or purposeful neglect of
any aircraft landing strip, or any other action which would render any
aircraft landing strip unserviceable, shall not be a condition of any
Federal acquisition of or exchange involving private property upon
which the aircraft landing strip is located.
(f) New Aircraft Landing Strips Not Created.--Nothing in this Act
shall be construed to create or authorize additional aircraft landing
strips.
(g) Permanently Close.--For the purposes of this Act, the term
``permanently close'' means any closure the duration of which is more
than 180 days in any calendar year.
(h) Applicability.--
(1) Aircraft landing strips.--This Act shall apply only to
established aircraft landing strips on Federal lands
administered by the Secretary of the Interior or the Secretary
of Agriculture that are commonly known and have been or are
consistently used for aircraft landing and departure
activities.
(2) Actions, policies, exchanges, and acquisitions.--
Subsections (a), (c), and (e) shall apply to any action,
policy, exchange, or acquisition, respectively, that is not
final on the date of the enactment of this Act.
(i) FAA Authority Not Affected.--Nothing in this Act shall be
construed to affect the authority of the Federal Aviation
Administration over aviation or airspace. | Directs the Secretaries to: (1) adopt a nationwide policy in accordance with this Act for governing backcountry aviation issues related to the management of Federal land under their jurisdiction; and (2) require regional managers to adhere to it. Declares that a policy affecting air access to an aircraft landing strip located on Federal land (including any national policy required under this Act) shall not take effect unless certain conditions are met, including its statement that the FAA has the sole authority to control aviation and airspace over the United States. | {"src": "billsum_train", "title": "Backcountry Landing Strip Access Act"} | 1,011 | 111 | 0.620489 | 1.748381 | 0.93213 | 4.891089 | 9.663366 | 0.910891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthen Social Work Training Act
of 2009''.
SEC. 2. SOCIAL WORK STUDENTS.
(a) Health Professions Schools.--Section 736(g)(1)(A) of the Public
Health Service Act (42 U.S.C. 293(g)(1)(A)) is amended by inserting ``,
including a graduate program in clinical social work or a program in
social work'', after ``graduate program in behavioral or mental
health''.
(b) Scholarships.--Section 737(d)(1)(A) of the Public Health
Service Act (42 U.S.C. 293a(d)(1)(A)) is amended by inserting
``(including a graduate program in clinical psychology, a graduate
program in clinical social work, or a program in social work)'' after
``mental health practice''.
(c) Loan Repayments and Fellowships Regarding Faculty Positions.--
Section 738(a) of the Public Health Service Act (42 U.S.C. 293b(a)) is
amended--
(1) in paragraph (2)--
(A) subparagraph (A), by inserting ``social work,''
after ``nursing,'';
(B) subparagraph (B), by inserting ``social work,''
after ``nursing,''; and
(2) in paragraph (3), by inserting ``, including graduate
programs in clinical psychology, graduate programs in clinical
social work, or programs in social work'' after ``offering
graduate programs in behavioral and mental health''.
SEC. 3. GERIATRICS TRAINING PROJECTS.
Section 753(b) of the Public Health Service Act (42 U.S.C. 294c(b))
is amended--
(a) in paragraph (1)--
(1) by inserting ``schools offering degrees in social
work,'' after ``teaching hospitals,'';
(2) by inserting ``(including social workers)'' after
``behavioral and mental health professionals''; and
(3) by inserting ``(including geriatric social work)''
after ``geriatric behavioral or mental health'';
(b) in paragraph (2)--
(1) in subparagraph (C)--
(A) by inserting ``(including social workers)''
after ``mental health professionals''; and
(B) by inserting ``(including social work)'' after
``geriatric behavioral or mental health''; and
(2) in subparagraph (d), by striking ``geriatrics or
behavioral or mental health'' and inserting ``geriatrics,
behavioral or mental health, or social work''; and
(c) in paragraph (3)(A)(iii)--
(1) by inserting ``(including social workers)'' after
``behavioral and mental health professionals''; and
(2) by inserting ``or departments of social work'' after
``departments of behavioral or mental health''.
SEC. 4. SOCIAL WORK TRAINING PROGRAM.
Subpart 2 of part E of title VII of the Public Health Service Act
(42 U.S.C. 295 et seq.) is amended--
(1) by redesignating section 770 as section 770A;
(2) by inserting after section 769, the following:
``SEC. 770. SOCIAL WORK TRAINING PROGRAM.
``(a) Training.--The Secretary may make grants to, or enter into
contracts with, any public or nonprofit private hospital, any school
offering a program in social work, or any public or private nonprofit
entity that the Secretary has determined is capable of carrying out
such grant or contract--
``(1) to plan, develop, and operate, or participate in, an
approved social work training program (including an approved
residency or internship program) for students, interns,
residents, or practicing physicians;
``(2) to provide financial assistance (in the form of
traineeships and fellowships) to students, interns, residents,
practicing physicians, or other individuals, who--
``(A) are in need of such assistance;
``(B) are participants in any such program; and
``(C) plan to specialize or work in the practice of
social work;
``(3) to plan, develop, and operate a program for the
training of individuals who plan to teach in a social work
training program; and
``(4) to provide financial assistance (in the form of
traineeships and fellowships) to individuals who are
participants in any such traineeship or fellowship program and
who plan to teach in a social work training program.
``(b) Academic Administrative Units.--
``(1) In general.--The Secretary may award grants to, or
enter into contracts with, schools offering programs in social
work to meet the costs of projects to establish, maintain, or
improve academic administrative units (which may be
departments, divisions, or other units) to provide clinical
instruction in social work.
``(2) Preference in making awards.--In awarding grants and
contracts under paragraph (1), the Secretary shall give
preference to any qualified applicant for such an award that
agrees to expend the award for the purpose of--
``(A) establishing an academic administrative unit
for a program in social work; or
``(B) substantially expanding the programs of such
a unit.
``(c) Duration of Award.--The period during which payments are made
to an entity from an award of a grant or contract under subsection (a)
may not exceed 5 years. The provision of such payments shall be subject
to annual approval by the Secretary and subject to the availability of
appropriations for the fiscal year involved to make the payments.
``(d) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2010, 2011, and 2012.
``(2) Allocation.--Of the amounts appropriated under
paragraph (1) for a fiscal year, the Secretary shall make
available not less than 20 percent for awards of grants and
contracts under subsection (b).''; and
(3) in section 770A, as redesignated by paragraph (1), by
inserting ``except for section 770,'' after ``carrying out this
subpart,''.
SEC. 5. CLINICAL SOCIAL WORKER SERVICES.
Section 1302 of the Public Health Service Act (42 U.S.C. 300e-1) is
amended--
(1) in paragraphs (1) and (2), by inserting ``clinical
social worker,'' after ``psychologist,'' each place the term
appears;
(2) in paragraph (4)(A), by striking ``and psychologists''
and inserting ``psychologists, and clinical social workers'';
and
(3) in paragraph (5), by inserting ``clinical social
work,'' after ``psychology,''. | Strengthen Social Work Training Act of 2009 - Amends the Public Health Service Act to include a graduate program in clinical social work or a program in social work among health professions schools eligible for grants to support programs for underrepresented minorities. Includes graduate programs in clinical psychology, graduate programs in clinical social work, and programs in social work among health education programs eligible for grants to: (1) provide scholarships to disadvantaged students; and (2) offer faculty positions to disadvantaged students.
Allows the Secretary of Health and Human Services (HHS) to make grants to, and enter into contracts with: (1) schools offering degrees in social work to provide support for geriatric training projects; (2) hospitals, schools, or other entities to plan, develop, and operate or participate in an approved social work training program and to provide financial assistance to program participants that are planning to specialize, work, or teach in the field of social work; and (3) schools offering social work programs to establish, maintain, or improve academic administrative units to provide clinical instruction in social work.
Authorizes health maintenance organizations (HMOs) to offer health services through a clinical social worker as provided for under state law. | {"src": "billsum_train", "title": "A bill to amend title VII of the Public Health Service Act to ensure that social work students or social work schools are eligible for support under certain programs that would assist individuals in pursuing health careers or for grants for training projects in geriatrics, and to establish a social work training program."} | 1,574 | 243 | 0.604138 | 1.66617 | 0.876376 | 2.944206 | 6.004292 | 0.858369 |
SECTION 1. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The Federal Highway Administration estimates that there
are 604,485 bridges on the Nation's public road network, of
which 116,669 are on the National Highway System.
(2) The average age of the Nation's bridges is 39 years old
and more than two-thirds of the Nation's bridges are more than
26 years old.
(3) One in 9 bridges is classified as structurally
deficient and requires significant maintenance, repair, or
replacement.
(4) Fourteen percent of the Nation's bridges are
functionally obsolete and do not meet current design standards.
(5) The Federal Highway Administration estimates that to
eliminate the Nation's deficient bridge backlog by 2030, $20.2
billion of investment would be required annually through
Federal, State, and local levels of government, although
current annual bridge investment is approximately $17.1
billion.
(b) Definitions.--In this section, the following definitions apply:
(1) Eligible funds.--
(A) In general.--The term ``eligible funds'' means
funds--
(i) authorized or designated in--
(I) Public Law 109-59 or a prior
surface transportation authorization
Act; or
(II) an appropriations Act, or a
report accompanying an appropriations
Act, for allocation to a specific
surface transportation project or
activity; and
(ii) identified, not later than 60 days
after the date of enactment of this Act, by the
State in which the project or activity is
authorized to be carried out as being excess
funds or inactive funds.
(B) Inclusion.--The term ``eligible funds''
includes funds described in subparagraph (A) that were
allocated and designated for a demonstration project.
(2) Excess funds.--The term ``excess funds'' means--
(A) funds obligated for a specific surface
transportation project or activity that remain
available for the project or activity after the project
or activity has been completed or canceled; or
(B) an unobligated balance of funds allocated for a
specific surface transportation project or activity
that the State in which the project or activity is
authorized to be carried out certifies is no longer
needed for the project or activity.
(3) Inactive funds.--The term ``inactive funds'' means--
(A) an unobligated balance of Federal funds for an
eligible surface transportation project or activity
against which no more than 10 percent of the Federal
funds originally designated for the project or activity
have been obligated; or
(B) funds that are available to carry out a surface
transportation project or activity in a State, but, as
certified by the State, are unlikely to be advanced for
the project or activity during the 1-year period
beginning on the date of certification.
(c) Availability of Funds for Bridge Projects.--Eligible funds
shall be--
(1) made available in accordance with this section to the
State that originally received the funds; and
(2) available for obligation for any eligible project under
section 133(b)(2) or 133(b)(3) of title 23, United States Code.
(d) Authority To Obligate.--Notwithstanding the original source or
period of availability of eligible funds, the Secretary of
Transportation may, on the request by a State--
(1) obligate the funds for any eligible project under
section 133(b)(2) or 133(b)(3) of title 23, United States Code;
or
(2)(A) deobligate the funds; and
(B) reobligate the funds for any project eligible under
such sections.
(e) Period of Availability; Title 23 Requirements.--
(1) In general.--Notwithstanding the original source or
period of availability of eligible funds obligated (or
deobligated and reobligated) under subsection (d), the eligible
funds--
(A) shall remain available for obligation for a
period of 3 fiscal years after the fiscal year in which
this Act is enacted; and
(B) except as otherwise provided in this
subsection, shall be subject to the requirements of
title 23, United States Code, that apply to section 133
of that title, including provisions relating to Federal
share.
(2) No allocation based on population.--Section 133(d) of
title 23, United States Code, shall not apply to eligible funds
under this section.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate, the Committee
on Transportation and Infrastructure of the House of Representatives,
and the Committees on Appropriations of the Senate and the House of
Representatives a report describing any action taken by the Secretary
under this section. | This bill authorizes the Department of Transportation to permit states to carry out bridge projects using previously allocated funds that have been identified as being excess or inactive. The projects may include operational improvements, capital and operating costs, environmental measures, and transportation control measures. The funds will remain available for three years after the year in which this bill is enacted. | {"src": "billsum_train", "title": "To authorize States to carry out bridge construction, maintenance, repair, and replacement projects using previously allocated surface transportation funds that are identified as being excess or inactive, and for other purposes."} | 1,040 | 72 | 0.598681 | 1.373246 | 0.790767 | 1.313433 | 14.283582 | 0.686567 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wheeling National Heritage Area Act
of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the area in an around Wheeling, West Virginia,
possesses important historical, cultural, and natural
resources, representing major heritage themes of
transportation, commerce and industry, and Victorian culture in
the United States;
(2) the City of Wheeling has played an important part in
the settlement of this country by serving as--
(A) the western terminus of the National Road of
the early 1800's;
(B) the ``Crossroads of America'' throughout the
nineteenth century;
(C) one of the few major inland ports in the
nineteenth century; and
(D) the site for the establishment of the Restored
State of Virginia, and later the State of West
Virginia, during the Civil War and as the first capital
of the new State of West Virginia;
(3) the City of Wheeling has also played an important role
in the industrial and commercial heritage of the United States,
through the development and maintenance of many industries
crucial to the Nation's expansion, including iron and steel,
textile manufacturing, boat building, glass manufacturing, and
stogie and chewing tobacco manufacturing facilities, many of
which are industries that continue to play an important role in
the national economy;
(4) the city of Wheeling has retained its national heritage
themes with the designations of the old custom house (now
Independence Hall) and the historic suspension bridge as
National Historic Landmarks; with five historic districts; and
many individual properties in the Wheeling area listed or
eligible for nomination to the National Register of Historic
Places;
(5) the heritage themes and number and diversity of
Wheeling's remaining resources should be appropriately
retained, enhanced, and interpreted for the education, benefit,
and inspiration of the people of the United States; and
(6) in 1992 a comprehensive plan for the development and
administration of the Wheeling National Heritage Area was
completed for the National Park Service, the City of Wheeling,
and the Wheeling National Heritage Task Force, including--
(A) an inventory of the natural and cultural
resources in the City of Wheeling;
(B) criteria for preserving and interpreting
significant natural and historic resources;
(C) a strategy for the conservation, preservation,
and reuse of the historical and cultural resources in
the City of Wheeling and the surrounding region; and
(D) an implementation agenda by which the State of
West Virginia and local governments can coordinate
their resources as well as a complete description of
the management entity responsible for implementing the
comprehensive plan.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the special importance of the history and
development of the Wheeling area in the cultural heritage of
the Nation;
(2) to provide a framework to assist the City of Wheeling
and other public and private entities and individuals in the
appropriate preservation, enhancement, and interpretation of
significant resources in the Wheeling area emblematic of
Wheeling's contributions to the Nation's cultural heritage;
(3) to allow for limited Federal, State and local capital
contributions for planning and infrastructure investments to
complete the Wheeling National Heritage Area, in partnership
with the State of West Virginia, the City of Wheeling, and
other appropriate public and private entities; and
(4) to provide for an economically self-sustaining National
Heritage Area not dependent on Federal financial assistance
beyond the initial years necessary to establish the heritage
area.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``city'' means the City of Wheeling;
(2) the term ``heritage area'' means the Wheeling National
Heritage Area established in section 4;
(3) the term ``plan'' means the ``Plan for the Wheeling
National Heritage Area'' dated August, 1992;
(4) the term ``Secretary'' means the Secretary of the
Interior; and
(5) the term ``State'' means the State of West Virginia.
SEC. 4. WHEELING NATIONAL HERITAGE AREA.
(a) Establishment.--In furtherance of the purposes of this Act,
there is established in the State of West Virginia the Wheeling
National Heritage Area, as generally depicted on the map entitled
``Boundary Map, Wheeling National Heritage Area, Wheeling, West
Virginia'' and dated March, 1994. The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(b) Management Entity.--(1) The management entity for the heritage
area shall be the Wheeling National Heritage Area Corporation, a non-
profit corporation chartered in the State of West Virginia.
(2) To the extent consistent with this Act, the management entity
shall manage the heritage area in accordance with the plan.
SEC. 5. DUTIES OF THE MANAGEMENT ENTITY.
(a) Mission.--(1) The primary mission of the management entity
shall be--
(A) to implement and coordinate the recommendations
contained in the plan;
(B) ensure integrated operation of the heritage area; and
(C) conserve and interpret the historic and cultural
resources of the heritage area.
(2) The management entity shall also direct and coordinate the
diverse conservation, development, programming, educational, and
interpretive activities within the heritage area.
(b) Recognition of Plan.--The management entity shall work with the
State of West Virginia and local governments to ensure that the plan is
formally adopted by the City and recognized by the State.
(c) Implementation.--To the extent practicable, the management
entity shall--
(1) implement the recommendations contained in the plan in
a timely manner pursuant to the schedule identified in the
plan--
(2) coordinate its activities with the City, the State, and
the Secretary;
(3) ensure the conservation and interpretation of the
heritage area's historical, cultural, and natural resources,
including--
(A) assisting the City and the State in the
preservation of sites, buildings, and objects within
the heritage area which are listed or eligible for
listing on the National Register of Historic Places;
(B) assisting the City, the State, or a nonprofit
organization in the restoration of any historic
building in the heritage area;
(C) increasing public awareness of and appreciation
for the natural, cultural, and historic resources of
the heritage area;
(D) assisting the State or City in designing,
establishing, and maintaining appropriate interpretive
facilities and exhibits in the heritage area;
(E) assisting in the enhancement of public
awareness and appreciation for the historical,
archaeological, and geologic resources and sites in the
heritage area; and
(F) encouraging the City and other local
governments to adopt land use policies consistent with
the goals of the plan, and to take actions to implement
those policies;
(4) encourage intergovernmental cooperation in the
achievement of these objectives;
(5) develop recommendations for design standards within the
heritage area; and
(6) seek to create public-private partnerships to finance
projects and initiatives within the heritage area.
(d) Authorities.--The management entity may, for the purposes of
implementing the plan, use Federal funds made available by this Act
to--
(1) make grants to the State, City, or other appropriate
public or private organizations, entities, or persons;
(2) enter into cooperative agreements with, or provide
technical assistance to Federal agencies, the State, City or
other appropriate public or private organizations, entities, or
persons;
(3) hire and compensate such staff as the management entity
deems necessary;
(4) obtain money from any source under any program or law
requiring the recipient of such money to make a contribution in
order to receive such money;
(5) spend funds on promotion and marketing consistent with
the resources and associated values of the heritage area in
order to promote increased visitation; and
(6) contract for goods and services.
(e) Acquisition of Real Property.--(1) Except as provided in
paragraph (2), the management entity may not acquire any real property
or interest therein within the heritage area, other than the leasing of
facilities.
(2)(A) Subject to subparagraph (B), the management entity may
acquire real property, or an interest therein, within the heritage area
by gift or devise, or by purchase from a willing seller with money
which was donated, bequeathed, appropriated, or otherwise made
available to the management entity on the condition that such money be
used to purchase real property, or interest therein, within the
heritage area.
(B) Any real property or interest therein acquired by the
management entity pursuant to this paragraph shall be conveyed in
perpetuity by the management entity to an appropriate public or private
entity, as determined by the management entity. Any such conveyance
shall be made as soon as practicable after acquisition, without
consideration, and on the condition that the real property or interest
therein so conveyed shall be used for public purposes.
(f) Revision of Plan.--Within 18 months after the date of
enactment, the management entity shall submit to the Secretary a
revised plan. Such revision shall include, but not be limited to--
(1) a review of the implementation agenda for the heritage
area;
(2) projected capital costs; and
(3) plans for partnership initiatives and expansion of
community support.
SEC. 6. DUTIES OF THE SECRETARY.
(a) Interpretive Support.--The Secretary may, upon request of the
management entity, provide appropriate interpretive, planning,
educational, staffing, exhibits, and other material or support for the
heritage area, consistent with the plan and as appropriate to the
resources and associated values of the heritage area.
(b) Technical Assistance.--The Secretary may, upon request of the
management entity and consistent with the plan, provide technical
assistance to the management entity.
(c) Cooperative Agreements and Grants.--The Secretary may, in
consultation with the management entity and consistent with the
management plan, make grants to, and enter into cooperative agreements
with the management entity, the State, City, non-profit organization or
any person.
(d) Plan Amendments.--No amendments to the plan may be made unless
approved by the Secretary. The Secretary shall consult with the
management entity in reviewing any proposed amendments.
SEC. 7. DUTIES OF OTHER FEDERAL AGENCIES.
Any Federal department, agency, or other entity conducting or
supporting activities directly affecting the heritage area shall--
(1) consult with the Secretary and the management entity
with respect to such activities;
(2) cooperate with the Secretary and the management entity
in carrying out their duties under this Act, and to the extent
practicable, coordinate such activities directly with the
duties of the Secretary and the management entity;
(3) to the extent practicable, conduct or support such
activities in a manner which the management entity determines
will not have an adverse effect on the heritage area.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, except that not more than $1,000,000 may be
appropriated to carry out this Act for any fiscal year.
(b) Matching Funds.--Federal funding provided under this Act shall
be matched at least 25 percent by other funds or in-kind services.
SEC. 9. SUNSET.
The Secretary may not make any grant or provide any assistance
under this Act after September 30, 2015.
Passed the Senate September 18, 2000.
Attest:
GARY SISCO,
Secretary. | Makes the Wheeling National Heritage Area Corporation the management entity for the Area, which shall implement and coordinate the recommendations contained in the Wheeling National Heritage Area Plan dated August, 1992. Requires the Corporation to submit to the Secretary of the Interior a revised plan for the management of the Area.
Authorizes appropriations, with an annual fiscal year limitation. Requires at least 25 percent in non-Federal matching funds. Prohibits the Secretary from making any grants or providing any assistance under this Act after September 30, 2015. | {"src": "billsum_train", "title": "Wheeling National Heritage Area Act of 2000"} | 2,440 | 117 | 0.428526 | 1.239883 | 0.511245 | 3.112245 | 24.704082 | 0.908163 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Food Assistance
Relief Act of 2005''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
SEC. 3. FOOD STAMP PROGRAM DISASTER AUTHORITY.
(a) In General.--Section 5(h) of the Food Stamp Act of 1977 (7
U.S.C. 2014(h)) is amended by adding at the end the following:
``(4) Response to hurricane katrina.--
``(A) Definitions.--In this paragraph:
``(i) Affected area.--
``(I) In general.--The term `affected area'
means an area of a State that the Secretary
determines was affected by Hurricane Katrina or
a related condition.
``(II) Inclusion.--The term `affected area'
includes any area that, as a result of
Hurricane Katrina or a related condition, was
covered by--
``(aa) a natural disaster
declaration under section 321(a) of the
Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)); or
``(bb) a major disaster or
emergency designation under the Robert
T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5121 et seq.).
``(ii) Affected household.--
``(I) In general.--The term `affected
household' means a household--
``(aa) in an affected area;
``(bb) in which a member worked
immediately prior to August 29, 2005,
in an affected area;
``(cc) that was displaced as a
result of Hurricane Katrina or a
related condition to other areas of the
same or another State; or
``(dd) that the Secretary
determines should receive relief under
this paragraph as a result of Hurricane
Katrina or a related condition.
``(II) Inclusion.--The term `affected
household' includes a household containing 1 or
more individuals that were displaced as a
result of Hurricane Katrina or a related
condition, as determined by the Secretary.
``(iii) Disaster recovery period.--
``(I) In general.--The term `disaster
recovery period' means the period of 180 days
beginning on the date of enactment of this
paragraph.
``(II) Extension.--The disaster recovery
period shall be extended for another 180 days
unless the President determines that the
extension is not necessary to fully meet the
needs of affected households.
``(B) Disaster recovery period.--During the disaster
recovery period--
``(i) clauses (iv) and (v) of subsection (g)(2)(B),
subsections (d) and (o) of section 6, and section
8(c)(1) shall not apply to affected households;
``(ii) the application of an affected household
shall be processed under the procedures established
under section 11(e)(9);
``(iii) the State agency shall increase the value
to the affected household of the thrifty food plan
determined under section 3(o) by 10 percent when
calculating the value of the allotment for an affected
household under section 8(a);
``(iv) the Secretary shall pay each State agency an
amount equal to 100 percent of administrative costs
allowable under section 16(a) related to serving
affected households in lieu of the payments section
16(a) would otherwise require for those costs;
``(v) an affected household shall be considered to
meet the requirements of subsection (c)(2) if the
income of the affected household, as calculated under
subsection (c)(2), does not exceed the level permitted
under subsection (c)(1) by more than 50 percent;
``(vi) any resource to which the household lost
access because of Hurricane Katrina or a related
condition shall not be considered a financial resource
under subsection (g) at any time during which this
subsection applies;
``(vii) any funds designated for rebuilding or
relocation (including payments from Federal, State, or
local governments, charitable organizations, employers,
or insurance companies) shall be excluded from
consideration under subsection (g) in determining the
eligibility of an affected household;
``(viii) an affected household may not be
considered to customarily purchase food and prepare
meals together with other individuals if the affected
household did not customarily purchase food and prepare
meals for home consumption with those individuals
immediately prior to August 29, 2005; and
``(ix) for purposes of determining the eligibility
of an affected household, any immigrant lawfully
present in the United States shall be treated in the
same manner as a refugee eligible under section
402(a)(2)(A)(i) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(a)(2)(A)(i)).
``(C) Duplicate participation.--
``(i) In general.--The Secretary shall take such
actions as are prudent and reasonable under the
circumstances to identify affected households that are
participating in more than 1 State and to terminate the
duplicate participation of those households.
``(ii) No action taken.--Except in the case of
deliberate falsehoods, no action may be taken against
any affected household relating to any duplicate
participation during the disaster recovery period that
takes place prior to termination under clause (i).
``(D) Claims relating to benefits.--Except in the case of
intentional program violations as determined under section
6(b), no claim may be established under section 13(b) relating
to benefits issued under this subsection.
``(E) Payment error rate.--For purposes of determining the
payment error rate of a State agency under section 16(c), the
Secretary shall disregard any errors resulting from the
application of this paragraph to an affected household during
the disaster recovery period.
``(F) Effect of more generous disaster plans.--This
paragraph shall not supersede any provision of a plan approved
under paragraph (1) that--
``(i) provides more complete or expeditious relief
to affected households; or
``(ii) provides assistance to more individuals.''.
(b) Program Information Activities.--
(1) In general.--From funds otherwise appropriated for the
food stamp program established under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.), the Secretary may use not more than
$5,000,000 for the period of fiscal year 2005 through 2006 to
enter into contracts with nonprofit organizations to support
household and community efforts to address the food assistance
and related needs resulting from Hurricane Katrina or a related
condition.
(2) Expediting provisions.--Notwithstanding any other
provision of law, the Secretary shall not be required--
(A) to provide public notice of the availability of
funds described in paragraph (1); or
(B) to accept competitive bids for contracts under
this subsection.
SEC. 4. EMERGENCY FOOD ASSISTANCE PROGRAM AND SECTION 32 ASSISTANCE.
(a) Definition of Eligible Recipient.--In this section, the term
``eligible recipient'' means an individual or household that, as
determined by the Secretary in consultation with the Secretary of
Homeland Security--
(1) is a victim of Hurricane Katrina or a related
condition;
(2) has been displaced by Hurricane Katrina or a related
condition; or
(3) is temporarily housing 1 or more individuals displaced
by Hurricane Katrina or a related condition.
(b) Assistance.--
(1) In general.--Notwithstanding any other provision of
law, in addition to funds otherwise made available for fiscal
year 2005 or 2006 to carry out the emergency food assistance
program established under the Emergency Food Assistance Act of
1983 (7 U.S.C. 7501 et seq.), out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Agriculture $200,000,000 to remain
available until expended to provide a variety of food to
eligible recipient agencies for providing food assistance to
eligible recipients, including--
(A) special supplemental foods for pregnant women
and infants or for other individuals with special
needs;
(B) infant formula;
(C) bottled water; and
(D) fruit juices.
(2) Use of funds.--Funds made available under paragraph (1)
may be used to provide commodities in accordance with--
(A) section 27 of the Food Stamp Act of 1977 (7
U.S.C. 2036);
(B) section 203A of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7504); and
(C) section 204 of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7508).
(3) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this section the funds transferred under paragraph (1), without
further appropriation.
(c) Section 32 Funding.--In addition to funds otherwise made
available under section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), the Secretary shall use not less than $200,000,000 of funds made
available under that section to provide food assistance to eligible
recipients, including food described in subparagraphs (A) through (D)
of subsection (b)(1).
SEC. 5. CHILD NUTRITION PROGRAMS.
(a) Definition of Disaster Recovery Period.--
(1) In general.--In this section, the term ``disaster
recovery period'' means the period of 180 days beginning on the
date of enactment of this Act.
(2) Extension.--The disaster recovery period shall be
extended for another 180 days unless the President determines
that the extension is not necessary to fully meet the needs of
affected households.
(b) Child Nutrition Programs Disaster Authority.--After
consultation with the official empowered to exercise the authority
provided for by sections 402 and 502 of the Robert. T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5192),
the Secretary may modify the conditions for assistance for programs
authorized under the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.) during the disaster recovery period for households that
are victims of a disaster or in areas affected by the disaster if the
households are in need of temporary food assistance.
SEC. 6. WIC FUNDING.
(a) In General.--Out of any funds in the Treasury not otherwise
appropriated, in addition to other funds otherwise made available to
the Secretary for fiscal year 2005 or 2006 to carry out the special
supplemental nutrition program for women, infants, and children
established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), the Secretary of the Treasury shall transfer to the Secretary of
Agriculture to carry out that program $200,000,000, to remain available
until September 30, 2007.
(b) Receipt and Acceptance.--The Secretary shall be entitled to
receive, shall accept, and shall use to carry out this section the
funds transferred under subsection (a), without further appropriation.
(c) Emergency Designation.--The amounts made available by the
transfer of funds in or pursuant to subsection (a) are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
(d) Allocation of Funds.--Notwithstanding section 17(i) of the
Child Nutrition Act of 1966 (42 U.S.C. 1786(i)), the Secretary may
allocate funds made available under subsection (a) as the Secretary
determines to be necessary to provide assistance to women, infants, and
children who, as determined by the Secretary in consultation with the
Secretary of Homeland Security--
(1) are victims of Hurricane Katrina or a related
condition; or
(2) have been displaced by Hurricane Katrina or a related
condition.
SEC. 7. COMMODITY SUPPLEMENTAL FOOD PROGRAM FUNDING.
(a) In General.--Out of any funds in the Treasury not otherwise
appropriated, in addition to other funds otherwise made available to
the Secretary for fiscal year 2005 or 2006 to carry out the commodity
supplemental food program established under section 5 of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note;
Public Law 93-86), the Secretary of the Treasury shall transfer to the
Secretary of Agriculture $20,000,000 to carry out that program.
(b) Receipt and Acceptance.--The Secretary shall be entitled to
receive, shall accept, and shall use to carry out this section the
funds transferred under subsection (a), without further appropriation.
(c) Emergency Designation.--The amounts made available by the
transfer of funds in or pursuant to subsection (a) are designated as an
emergency requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress).
(d) Allocation of Funds.--The Secretary shall use funds made
available under subsection (a) as the Secretary determines to be
necessary to provide assistance to individuals who, as determined by
the Secretary in consultation with the Secretary of Homeland Security--
(1) are victims of Hurricane Katrina or a related
condition; or
(2) have been displaced by Hurricane Katrina or a related
condition.
SEC. 8. REPORT.
Not later than 180 days after the date of enactment of this Act,
the Secretary, in consultation with the Secretary of Homeland Security,
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that--
(1) describes whether additional funding or authority is
needed to continue to address the food needs of eligible
recipients; and
(2) includes any determination by the President under
section 5(h)(4)(A)(iii)(II) of the Food Stamp Act of 1977 (as
added by section 3(a)) that an extension of the disaster
recovery period is not necessary to fully meet the needs of
affected households.
SEC. 9. REGULATIONS.
(a) In General.--The Secretary may promulgate such regulations as
are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code. | Hurricane Katrina Food Assistance Relief Act of 2005 - Amends the Food Stamp Act of 1977 to provide expedited and increased food stamp benefits for households in areas affected by Hurricane Katrina (including areas that were disaster-designated as a result of Hurricane Katrina) or a related condition.
Includes as an eligible household a household: (1) in an affected area; (2) in which a member worked in an affected area immediately prior to August 29, 2005; (3) that was displaced as a result of Hurricane Katrina or a related condition to other areas of the same or another state; (4) that the Secretary of Agriculture (the Secretary) determines should receive relief; or (5) containing one or more individuals displaced by Hurricane Katrina or a related condition.
Treats lawful aliens in the same manner as refugees for food stamp household eligibility purposes.
Authorizes the Secretary, under expedited procedures, to use specified food stamp program funds in FY2005-FY2006 for contracts with nonprofit organizations to support household and community efforts to address food assistance and related needs resulting from Hurricane Katrina or a related condition.
Directs: (1) the Secretary of the Treasury to transfer to the Secretary specified amounts (which shall be available without further appropriation) for food assistance to eligible recipients, including special supplemental foods for pregnant women and infants (WIC) or for other individuals with special needs, infant formula, bottled water, and fruit juices; (2) the Secretary to use additional commodity distribution funds for food assistance to such recipients. Includes as an eligible recipient a person who: (1) is a victim of Hurricane Katrina or a related condition; (2) has been displaced by Hurricane Katrina or a related condition; or (3) is temporarily housing one or more individuals displaced by Hurricane Katrina or a related condition.
Authorizes the Secretary to modify assistance conditions for programs under the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 during the disaster recovery period for households that are victims of a disaster or in areas affected by the disaster if the households are in need of temporary food assistance.
Directs the Secretary of the Treasury to transfer to the Secretary additional WIC and commodity supplemental food program funds (which shall be available without further appropriation) for persons victimized or displaced by Hurricane Katrina or a related condition. | {"src": "billsum_train", "title": "A bill to provide the Secretary of Agriculture with additional authority and funding to provide emergency relief, in coordination with the Secretary of Homeland Security, to victims of Hurricane Katrina and related conditions."} | 3,343 | 513 | 0.656133 | 1.888541 | 0.802063 | 4.707965 | 6.586283 | 0.951327 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wild Sky Wilderness Act of 2007''.
SEC. 2. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
(a) Additions.--The following Federal lands in the State of
Washington are hereby designated as wilderness and, therefore, as
components of the National Wilderness Preservation System: certain
lands which comprise approximately 106,000 acres, as generally depicted
on a map entitled ``Wild Sky Wilderness Proposal'' and dated February
6, 2007, which shall be known as the ``Wild Sky Wilderness''.
(b) Maps and Legal Descriptions.--As soon as practicable after the
date of enactment of this Act, the Secretary of Agriculture shall file
a map and a legal description for the wilderness area designated under
this Act with the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of Representatives.
The map and description shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture may
correct clerical and typographical errors in the legal description and
map. The map and legal description shall be on file and available for
public inspection in the office of the Chief of the Forest Service,
Department of Agriculture.
SEC. 3. ADMINISTRATION PROVISIONS.
(a) In General.--
(1) Subject to valid existing rights, lands designated as
wilderness by this Act shall be managed by the Secretary of
Agriculture in accordance with the Wilderness Act (16 U.S.C.
1131 et seq.) and this Act, except that, with respect to any
wilderness areas designated by this Act, any reference in the
Wilderness Act to the effective date of the Wilderness Act
shall be deemed to be a reference to the date of enactment of
this Act.
(2) To fulfill the purposes of this Act and the Wilderness
Act and to achieve administrative efficiencies, the Secretary
of Agriculture may manage the area designated by this Act as a
comprehensive part of the larger complex of adjacent and nearby
wilderness areas.
(b) New Trails.--
(1) The Secretary of Agriculture shall consult with
interested parties and shall establish a trail plan for Forest
Service lands in order to develop--
(A) a system of hiking and equestrian trails within
the wilderness designated by this Act in a manner
consistent with the Wilderness Act (16 U.S.C. 1131 et
seq.); and
(B) a system of trails adjacent to or to provide
access to the wilderness designated by this Act.
(2) Within two years after the date of enactment of this
Act, the Secretary of Agriculture shall complete a report on
the implementation of the trail plan required under this Act.
This report shall include the identification of priority trails
for development.
(c) Repeater Site.--Within the Wild Sky Wilderness, the Secretary
of Agriculture is authorized to use helicopter access to construct and
maintain a joint Forest Service and Snohomish County telecommunications
repeater site, in compliance with a Forest Service approved
communications site plan, for the purposes of improving communications
for safety, health, and emergency services.
(d) Float Plane Access.--As provided by section 4(d)(1) of the
Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake
Isabel, where such use has already become established, shall be
permitted to continue subject to such reasonable restrictions as the
Secretary of Agriculture determines to be desirable.
(e) Evergreen Mountain Lookout.--The designation under this Act
shall not preclude the operation and maintenance of the existing
Evergreen Mountain Lookout in the same manner and degree in which the
operation and maintenance of such lookout was occurring as of the date
of enactment of this Act.
SEC. 4. AUTHORIZATION FOR LAND ACQUISITION.
(a) In General.--The Secretary of Agriculture is authorized to
acquire lands and interests therein, by purchase, donation, or
exchange, and shall give priority consideration to those lands
identified as ``Priority Acquisition Lands'' on the map described in
section 2(a). The boundaries of the Mt. Baker-Snoqualmie National
Forest and the Wild Sky Wilderness shall be adjusted to encompass any
lands acquired pursuant to this section.
(b) Access.--Consistent with section 5(a) of the Wilderness Act (16
U.S.C. 1134(a)), the Secretary of Agriculture shall ensure adequate
access to private inholdings within the Wild Sky Wilderness.
(c) Appraisal.--Valuation of private lands shall be determined
without reference to any restrictions on access or use which arise out
of designation as a wilderness area as a result of this Act.
SEC. 5. LAND EXCHANGES.
The Secretary of Agriculture shall exchange lands and interests in
lands, as generally depicted on a map entitled ``Chelan County Public
Utility District Exchange'' and dated May 22, 2002, with the Chelan
County Public Utility District in accordance with the following
provisions:
(1) If the Chelan County Public Utility District, within
ninety days after the date of enactment of this Act, offers to
the Secretary of Agriculture approximately 371.8 acres within
the Mt. Baker-Snoqualmie National Forest in the State of
Washington, the Secretary shall accept such lands.
(2) Upon acceptance of title by the Secretary of
Agriculture to such lands and interests therein, the Secretary
of Agriculture shall convey to the Chelan County Public Utility
District a permanent easement, including helicopter access,
consistent with such levels as used as of date of enactment, to
maintain an existing telemetry site to monitor snow pack on
1.82 acres on the Wenatchee National Forest in the State of
Washington.
(3) The exchange directed by this Act shall be consummated
if Chelan County Public Utility District conveys title
acceptable to the Secretary and provided there is no hazardous
material on the site, which is objectionable to the Secretary.
(4) In the event Chelan County Public Utility District
determines there is no longer a need to maintain a telemetry
site to monitor the snow pack for calculating expected runoff
into the Lake Chelan hydroelectric project and the
hydroelectric projects in the Columbia River Basin, the
Secretary shall be notified in writing and the easement shall
be extinguished and all rights conveyed by this exchange shall
revert to the United States. | Wild Sky Wilderness Act of 2007 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture.
Directs the Secretary to establish a trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County telecommunications repeater site to provide improved communication for safety, health, and emergency purposes. Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified Priority Acquisition Lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired.
Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington, from the Chelan County Public Utility District if the District offers such lands to the Secretary (in title acceptable to the Secretary, and provided there is no hazardous material on the site) in exchange for a permanent easement, including helicopter access, to maintain an existing telemetry site to monitor snow pack on land within the Wenatchee National Forest, Washington. Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a telemetry site. | {"src": "billsum_train", "title": "A bill to enhance ecosystem protection and the range of outdoor opportunities protected by statute in the Skykomish River valley of the State of Washington by designating certain lower-elevation Federal lands as wilderness, and for other purposes."} | 1,447 | 313 | 0.456096 | 1.405002 | 0.700214 | 3.533058 | 5.173554 | 0.921488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Abuse and Fraud in
Electronic Lending Act of 2016'' or the ``SAFE Lending Act of 2016''.
SEC. 2. CONSUMER CONTROL OVER BANK ACCOUNTS.
(a) Prohibiting Unauthorized Remotely Created Checks.--Section 905
of the Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by
adding at the end the following:
``(d) Limitations on Remotely Created Checks.--
``(1) Definition.--In this subsection, the term `remotely
created check' means a check, including a paper or electronic
check and any other payment order that the Bureau, by rule,
determines is appropriately covered by this subsection, that--
``(A) is not created by the financial institution
that holds the customer account from which the check is
to be paid; and
``(B) does not bear a signature applied, or
purported to be applied, by the person from whose
account the check is to be paid.
``(2) Limitations.--Subject to the limitations in paragraph
(3) and any additional limitations that the Bureau may
establish, by rule, a remotely created check may only be issued
by a person designated in writing by the consumer with the
designation specifically provided in writing by the consumer to
the insured depository institution at which the consumer
maintains the account from which the check is to be drawn.
``(3) Additional limitations.--
``(A) In general.--An authorization provided under
paragraph (2) may be revoked at any time by the
consumer.
``(B) Consumer financial protection laws.--No
payment order, including a remotely created check, may
be issued by any person in response to the exercise of,
or attempt to exercise, any rights by a consumer under
any Federal consumer financial law, as defined in
section 1002 of the Consumer Financial Protection Act
of 2010 (12 U.S.C. 5481), or any other provision of any
law or regulation within the jurisdiction of the
Bureau.''.
(b) Consumer Protections for Certain One-Time Electronic Fund
Transfers.--Section 913 of the Electronic Fund Transfer Act (15 U.S.C.
1693k) is amended--
(1) by inserting ``(a) In General.--'' before ``No
person'';
(2) in subsection (a)(1), as so designated, by striking
``preauthorized electronic fund transfers'' and inserting ``an
electronic fund transfer''; and
(3) by adding at the end the following:
``(b) Treatment for Electronic Fund Transfers in Credit
Extensions.--If a consumer voluntarily agrees to repay an extension of
a small-dollar consumer credit transaction, as defined in section
110(a) of the Truth in Lending Act, by means of an electronic fund
transfer, the electronic fund transfer shall be treated as a
preauthorized electronic fund transfer subject to the protections of
this title.''.
SEC. 3. TRANSPARENCY AND CONSUMER EMPOWERMENT IN SMALL-DOLLAR LENDING.
(a) Small-Dollar Consumer Credit Transactions.--The Truth in
Lending Act (15 U.S.C. 1601 et seq.) is amended--
(1) by inserting after section 109 (15 U.S.C. 1608) the
following:
``SEC. 110. REGISTRATION REQUIREMENT FOR SMALL-DOLLAR LENDERS.
``(a) Definition.--In this section, the term `small-dollar consumer
credit transaction' means any transaction that extends, facilitates,
brokers, arranges, or gathers applications for credit that is--
``(1) made to a consumer in an amount of not more than
$5,000, or such greater amount as the Bureau may, by rule,
determine, with the amount to be adjusted annually to reflect
changes in the Consumer Price Index for all urban consumers
published by the Department of Labor; and
``(2) extended pursuant to an agreement that is--
``(A)(i) other than an open-end credit plan; and
``(ii) payable in 1 or more installments of less
than 12 months (or such longer period as the Bureau
may, by rule, determine);
``(B) an open-end credit plan in which each advance
is fully repayable within a defined time or in
connection with a defined event, or both; or
``(C) any other plan as the Bureau determines, by
rule.
``(b) Registration Requirement.--A person shall register with the
Bureau before issuing credit in a small-dollar consumer credit
transaction.'';
(2) in section 173 (15 U.S.C. 1666j), by adding at the end
the following:
``(d) Notwithstanding any other provisions of this title, any
small-dollar consumer credit transaction, as defined in section 110(a),
shall comply with the laws of the State in which the consumer resides
with respect to annual percentage rates, interest, fees, charges, and
such other similar or related matters as the Bureau may, by rule,
determine if the small-dollar consumer credit transaction is--
``(1) made over--
``(A) the Internet;
``(B) telephone;
``(C) facsimile;
``(D) mail;
``(E) electronic mail; or
``(F) other electronic communication; or
``(2) conducted by a national bank.''; and
(3) in the table of sections of chapter 1, by inserting
after the item relating to section 109 the following:
``110. Registration requirement for small-dollar lenders.''.
(b) Prohibition on Certain Fees.--Section 915 of the Electronic
Fund Transfer Act (15 U.S.C. 1693l-1) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Additional Fees Prohibited.--
``(1) Definition.--In this subsection, the term `general-
use prepaid card' has the meaning given the term--
``(A) in subsection (a)(2); or
``(B) by rule of the Bureau.
``(2) Prohibition.--With respect to the use of a general-
use prepaid card by a consumer--
``(A) it shall be unlawful for any person to charge
the consumer a fee for an overdraft, including a
shortage of funds or a transaction processed for an
amount exceeding the account balance on the general-use
prepaid card;
``(B) any transaction for an amount exceeding the
account balance on the general-use prepaid card may be
declined, except that the consumer may not be charged a
fee for that purpose; and
``(C) the Bureau may, by rule, prohibit the
charging of any fee so that the Bureau may--
``(i) prevent unfair, deceptive, or abusive
practices; and
``(ii) promote the ability of the consumer
to understand and compare the costs of general-
use prepaid cards.''.
SEC. 4. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER CREDIT
TRANSACTIONS.
Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is
amended by adding at the end the following:
``SEC. 140B. RESTRICTIONS ON LEAD GENERATION IN SMALL-DOLLAR CONSUMER
CREDIT TRANSACTIONS.
``(a) Definitions.--In this section--
``(1) the term `sensitive personal financial information'
means the social security number, financial account number,
bank routing number, bank account number, or any required
security or access code that is immediately necessary to permit
access to the financial account of an individual; and
``(2) the term `small-dollar consumer credit transaction'
has the meaning given the term in section 110(a).
``(b) Identification Information.--Any person facilitating,
brokering, arranging, gathering applications for, or distributing
sensitive personal financial information in connection with a small-
dollar consumer credit transaction shall prominently disclose
information by which the person may be contacted or identified,
including for service of process and for identification of the
registrant of any domain name registered or used.
``(c) Prohibition on Lead Generation in Small-Dollar Consumer
Credit Transactions.--No person may facilitate, broker, arrange, gather
applications for, or distribute sensitive personal financial
information in connection with a small-dollar consumer credit
transaction, unless the person is directly providing the small-dollar
consumer credit to the consumer.
``(d) Rule of Construction.--
``(1) In general.--Nothing in this section may be
interpreted to limit the authority of the Bureau to further
restrict activities covered by this section.
``(2) Clarification.--It shall not be considered
`facilitating' in connection with a small-dollar consumer
credit transaction to be engaged solely in 1 of the following
activities:
``(A) The provision of a telecommunications
service, or of an Internet access service or Internet
information location tool (as those terms are defined
in section 231 of the Communications Act of 1934 (47
U.S.C. 231)).
``(B) The transmission, storage, retrieval,
hosting, formatting, or translation (or any combination
thereof) of a communication, without selection or
alteration of the content of the communication, except
that deletion of a particular communication or material
made by another person in a manner consistent with
section 230(c) of the Communications Act of 1934 (47
U.S.C. 230(c)).''.
SEC. 5. STUDIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Government Accountability Office (in this
section referred to as the ``GAO'') shall conduct a study regarding--
(1) the availability of capital on reservations of Indian
tribes (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b));
and
(2) the impact that small-dollar consumer credit extended
through Internet and non-Internet means to members of Indian
tribes has had on economic opportunity and wealth for members
of Indian tribes.
(b) Consultation.--In conducting the study described in subsection
(a), the GAO shall consult, as appropriate, with--
(1) the Bureau of Consumer Financial Protection;
(2) the Board of Governors of the Federal Reserve System;
(3) the Bureau of Indian Affairs;
(4) federally recognized Indian tribes; and
(5) community development financial institutions operating
in Indian lands.
(c) Congressional Consideration.--The study described in
subsections (a) and (b) shall be presented to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Indian Affairs of the
Senate and the Committee on Financial Services and the Committee on
Natural Resources of the House of Representatives.
SEC. 6. RULEMAKING.
Not later than 1 year after the date of enactment of this Act, the
Bureau of Consumer Financial Protection shall adopt any final rules
necessary to implement the provisions of this Act and the amendments
made by this Act. | Stopping Abuse and Fraud in Electronic Lending Act of 2016 or the SAFE Lending Act of 2016 This bill amends the Electronic Fund Transfer Act (EFTA) to declare that a remotely created check may only be issued by a person specifically designated in writing by the consumer to the insured depository institution at which the consumer maintains the account from which the check is drawn. A remotely created check is a paper or electronic check that: is not created by the financial institution that holds the customer account from which the check is to be paid; and does not bear a signature applied, or purported to be applied, by the account holder. A consumer may revoke authorization for remotely created checks at any time. The bill prohibits issuance of any payment order in response to a consumer's exercise of federal consumer financial rights. Any voluntary electronic fund transfer to repay a small-dollar consumer credit transaction shall be treated as preauthorized under the Truth in Lending Act (TILA). The TILA is amended to require registration with the Consumer Financial Protection Bureau (CFPB) by any small-dollar lender that facilitates, brokers, arranges, or gathers applications for small-dollar consumer credit (of up to $5,000, adjusted for inflation) extended pursuant to an open-end, non-open-end, or other CFPB-determined credit plan meeting specified criteria. Small-dollar consumer credit transactions must comply with state law where the consumer resides. The EFTA is amended to: declare unlawful overdraft fees charged on a general-use prepaid card, and authorize the CFPB to prohibit fees for declined transactions involving such a card. The TILA is further amended to prohibit a person from certain activities, including distributing sensitive personal financial information, in connection with a small-dollar consumer credit transaction, if that person ("lead generator") does not itself grant the credit directly to the consumer. The Government Accountability Office (GAO) shall study: (1) the availability of capital on Indian reservations, and (2) the impact on tribal economic opportunity and wealth of small-dollar consumer credit extensions to tribal members through Internet and non-Internet means. | {"src": "billsum_train", "title": "SAFE Lending Act of 2016"} | 2,532 | 459 | 0.59714 | 2.020567 | 0.771774 | 3.679518 | 5.527711 | 0.889157 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Medical School
Accountability Fairness Act of 2017''.
SEC. 2. PURPOSE.
To establish consistent eligibility requirements for graduate
medical schools operating outside of the United States and Canada in
order to increase accountability and protect American students and
taxpayer dollars.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Three for-profit schools in the Caribbean receive
nearly \3/4\ of all Federal funding under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) that goes
to students enrolled at foreign graduate medical schools,
despite those three schools being exempt from meeting the same
eligibility requirements as the majority of graduate medical
schools located outside of the United States and Canada.
(2) The National Committee on Foreign Medical Education and
Accreditation and the Department of Education recommend that
all foreign graduate medical schools should be required to meet
the same eligibility requirements to participate in Federal
funding under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.).
(3) The attrition rate at United States medical schools
averaged 3.4 percent in 2014, while rates at for-profit
Caribbean medical schools have been known to reach 30 percent.
(4) In 2016, residency match rates for foreign trained
graduates averaged 54 percent compared to 94 percent for
graduates of medical schools in the United States.
(5) On average, students at for-profit medical schools
operating outside of the United States and Canada amass more
student debt than those at medical schools in the United
States.
SEC. 4. REPEAL GRANDFATHER PROVISIONS.
Section 102(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
1002(a)(2)) is amended--
(1) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) in the case of a graduate medical
school located outside the United States--
``(I) at least 60 percent of those
enrolled in, and at least 60 percent of
the graduates of, the graduate medical
school outside the United States were
not persons described in section
484(a)(5) in the year preceding the
year for which a student is seeking a
loan under part D of title IV; and
``(II) at least 75 percent of the
individuals who were students or
graduates of the graduate medical
school outside the United States or
Canada (both nationals of the United
States and others) taking the
examinations administered by the
Educational Commission for Foreign
Medical Graduates received a passing
score in the year preceding the year
for which a student is seeking a loan
under part D of title IV;''; and
(2) in subparagraph (B)(iii), by adding at the end the
following:
``(V) Expiration of authority.--The
authority of a graduate medical school
described in subclause (I) to qualify
for participation in the loan programs
under part D of title IV pursuant to
this clause shall expire beginning on
the first July 1 following the date of
enactment of the Foreign Medical School
Accountability Fairness Act of 2017.''.
SEC. 5. LOSS OF ELIGIBILITY.
If a graduate medical school loses eligibility to participate in
the loan programs under part D of title IV of the Higher Education Act
of 1965 (20 U.S.C. 1087a et seq.) due to the enactment of the
amendments made by section 4, then a student enrolled at such graduate
medical school on or before the date of enactment of this Act may,
notwithstanding such loss of eligibility, continue to be eligible to
receive a loan under such part D while attending such graduate medical
school in which the student was enrolled upon the date of enactment of
this Act, subject to the student continuing to meet all applicable
requirements for satisfactory academic progress, until the earliest
of--
(1) withdrawal by the student from the graduate medical
school;
(2) completion of the program of study by the student at
the graduate medical school; or
(3) the fourth June 30 after such loss of eligibility. | Foreign Medical School Accountability Fairness Act of 2017 This bill amends title I (General Provisions) of the Higher Education Act of 1965 to revise institutional eligibility criteria for a foreign graduate medical school to participate in federal student aid programs. Current law requires a foreign graduate medical school to meet certain requirements—a minimum pass rate threshold on the medical licensing exam and a minimum percentage of foreign students—to participate in the Federal Direct Loan (DL) program, unless the Department of Education (ED) establishes alternative standards or the school has a grandfathered clinical training program. This bill terminates ED's authority to establish alternative standards and eliminates the exemption for a school with a grandfathered clinical training program (i.e., it requires all foreign graduate medical schools to meet minimum requirements to participate in the DL program). | {"src": "billsum_train", "title": "Foreign Medical School Accountability Fairness Act of 2017"} | 899 | 187 | 0.512296 | 1.580115 | 0.832023 | 1.756757 | 5.763514 | 0.675676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Legislature Anti-Corruption
Reform Act'' or the ``CLEAN Act''.
SEC. 2. TERMINATION OF FURTHER RETIREMENT BENEFITS FOR MEMBERS OF
CONGRESS.
(a) Amendments Relating to the Civil Service Retirement System.--
(1) In general.--Subchapter III of chapter 83 of title 5,
United States Code, is amended by inserting after section 8335
the following:
``Sec. 8335a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
subchapter and subject to subsection (f), effective on the date that is
90 days after the date of enactment of this section--
``(1) a Member shall not be subject to this subchapter for
any further period of time; and
``(2) no further Government contributions or deductions
from basic pay may be made with respect to such Member for
deposit in the Treasury of the United States to the credit of
the Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this subchapter with respect to any
Member covering any period prior to the date of enactment of this
section.
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--Any regulations necessary to carry out this
section may--
``(1) except with respect to matters relating to the Thrift
Savings Plan, be prescribed by the Director of the Office of
Personnel Management; and
``(2) with respect to matters relating to the Thrift
Savings Plan, be prescribed by the Executive Director (as
defined by section 8401(13)).
``(e) Exclusion.--For purposes of this section, the term `Member'
does not include the Vice President.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 83 of title 5, United States Code, is
amended by inserting after the item relating to section 8335
the following:
``8335a. Termination of further retirement coverage of Members of
Congress.''.
(b) Amendments Relating to the Federal Employees Retirement
System.--
(1) In general.--Subchapter II of chapter 84 of title 5,
United States Code, is amended by inserting after section 8425
the following:
``Sec. 8425a. Termination of further retirement coverage of Members of
Congress
``(a) In General.--Notwithstanding any other provision of this
chapter, effective on the date that is 90 days after the date of
enactment of this section--
``(1) subject to subsection (f), in the case of an
individual who first becomes a Member before such date of
enactment--
``(A) such Member shall not be subject to this
chapter for any further period of time after such date
of enactment; and
``(B) no further Government contributions or
deductions from basic pay may be made with respect to
such Member for deposit in the Treasury of the United
States to the credit of the Fund; and
``(2) in the case of an individual who first becomes a
Member on or after such date of enactment--
``(A) such Member shall not be subject to this
chapter; and
``(B) no Government contributions or deductions
from basic pay may be made with respect to such Member
for deposit in the Treasury of the United States to the
credit of the Fund.
``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall
be considered to nullify, modify, or otherwise affect any right,
entitlement, or benefit under this chapter with respect to any Member
covering any period prior to the date of enactment of this section.
``(c) Right To Participate in Thrift Savings Plan Not Affected.--
Nothing in subsection (a) shall affect the eligibility of a Member to
participate in the Thrift Savings Plan in accordance with otherwise
applicable provisions of law.
``(d) Regulations.--
``(1) In general.--Any regulations necessary to carry out
this section may--
``(A) except with respect to matters relating to
the Thrift Savings Plan, be prescribed by the Director
of the Office of Personnel Management; and
``(B) with respect to matters relating to the
Thrift Savings Plan, be prescribed by the Executive
Director (as defined by section 8401(13)).
``(2) Refunds.--Notwithstanding subsection (b), the
regulations under paragraph (1)(A) shall, in the case of a
Member who has not completed at least 5 years of civilian
service as of the date of enactment of this section, provide
that the lump-sum credit shall be payable to such Member to the
same extent and in the same manner as if such Member satisfied
paragraphs (1) through (4) of section 8424(a) as of such date
of enactment.
``(e) Exclusions.--For purposes of this section, the term `Member'
does not include the Vice President.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 84 of title 5, United States Code, is
amended by inserting after the item relating to section 8425
the following:
``8425a. Termination of further retirement coverage of Members of
Congress.''.
SEC. 3. PROHIBITING MULTIPLE SUBJECTS IN SINGLE BILL.
(a) In General.--Each bill, order, resolution, or vote submitted by
Congress to the President under section 7 of article I of the
Constitution of the United States shall embrace no more than one
subject, and that subject shall be clearly and descriptively expressed
in the title of the bill, order, resolution or vote.
(b) Effective Date.--Subsection (a) shall apply with respect to the
One Hundred Fifteenth Congress and each succeeding Congress.
SEC. 4. REQUIRING EQUAL APPLICATION OF LAWS TO MEMBERS OF CONGRESS.
(a) In General.--Notwithstanding any other provision of law, any
provision of law that provides an exception in its application to a
Member of Congress or an employee of the office of a Member of Congress
shall have no effect.
(b) Clarification Relating to Exercise of Official or
Representational Duties.--Subsection (a) shall not be construed to
apply to provisions of law or rules which permit Members of Congress or
employees of offices of Members of Congress to carry out official
duties that are tied directly to lawmaking, including provisions or
rules permitting Members and employees to enter and use the United
States Capitol, the United States Capitol grounds, and other buildings
and facilities.
(c) Definition.--In this section, the term ``Member of Congress''
means a Senator or a Representative in, or Delegate or Resident
Commissioner to, the Congress.
SEC. 5. REQUIRING USE OF INDEPENDENT NONPARTISAN COMMISSIONS TO CARRY
OUT REDISTRICTING.
(a) Requirement.--
(1) Congressional redistricting.--Each State shall conduct
Congressional redistricting (beginning with the redistricting
carried out pursuant to the decennial census conducted during
2020) in accordance with a redistricting plan developed by a
nonpartisan independent redistricting commission.
(2) Redistricting for state legislative districts.--
Notwithstanding any other provision of law, a State may not use
any funds provided by the Federal Government directly for
election administration purposes unless the State certifies to
the Election Assistance Commission that the State conducts
redistricting for State legislative districts in the State
(beginning with the first such redistricting carried out after
the date of the enactment of this Act) in accordance with a
redistricting plan developed by a nonpartisan independent
redistricting commission.
(b) Nonpartisan Independent Status.--For purposes of this section,
a commission shall be considered to be a nonpartisan independent
commission if--
(1) the number of its members who are affiliated with the
political party with the largest percentage of the registered
voters in the State who are affiliated with a political party
(as determined with respect to the most recent Statewide
election for Federal office held in the State for which such
information is available) is equal to the number of its members
who are affiliated with the political party with the second
largest percentage of the registered voters in the State who
are affiliated with a political party (as so determined); and
(2) none of its members is an elected public official.
(c) State Defined.--In this section, the term ``State'' means each
of the several States.
SEC. 6. REQUIRING OPEN PRIMARIES.
(a) In General.--
(1) Elections for federal office.--Each State shall hold
open primaries for elections for Federal office held in the
State.
(2) Elections for state and local office.--Notwithstanding
any other provision of law, a State may not use any funds
provided by the Federal Government directly for election
administration purposes unless the State certifies to the
Election Assistance Commission that the State holds open
primaries for elections for State and local office.
(b) Open Primaries Described.--For purposes of this section, a
State holds open primaries for an election for an office if any
individual who is registered to vote in a general election for such
office in the State may cast a ballot in any primary election
(including a primary election held for the selection of delegates to a
national nominating convention of a political party and a primary
election held for the expression of a preference for the nomination of
individuals for election to the office of President) held by any
political party to nominate candidates for election for that office,
including a convention or caucus of a political party which has
authority to nominate a candidate.
(c) State Defined.--In this section, the term ``State'' has the
meaning given such term in section 901 of the Help America Vote Act of
2002 (52 U.S.C. 21141).
(d) Effective Date.--Subsection (a) shall apply with respect to
elections held after the date of the enactment of this Act. | Citizen Legislature Anti-Corruption Reform Act or the CLEAN Act This bill amends the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to exclude Members of Congress, except the Vice President, from further CSRS and FERS retirement coverage. The bill prohibits further government contributions or deductions from such Member's basic pay for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund. Nothing in this bill shall: (1) be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under CSRS or FERS for any Member covering any period before enactment of this bill; or (2) affect the eligibility of a Member to participate in the Thrift Savings Plan (TSP) in accordance with otherwise applicable law. The bill requires that each bill, order, resolution, or vote submitted by Congress to the President be limited to one subject which shall be clearly expressed in the measure's or vote's title. Any provision of law that provides an exception in its application to a Member of Congress or an employee of such Member shall have no effect. Each state must conduct congressional redistricting, beginning with the decennial census conducted during 2020, using a redistricting plan developed by a nonpartisan independent redistricting commission (NIRC). After such redistricting, no state may use federal funds directly for election administration purposes unless it certifies to the Election Assistance Commission (EAC) that it conducts redistricting for its legislative districts using an NIRC redistricting plan. Each state must hold open primaries for elections for federal office. A state may not use any federal funds provided directly for election administration purposes unless it certifies to the EAC that it holds open primaries for elections for state and local office. | {"src": "billsum_train", "title": "Citizen Legislature Anti-Corruption Reform Act"} | 2,379 | 393 | 0.517739 | 1.58355 | 0.819895 | 3.823881 | 6.197015 | 0.898507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Equity and Drug Savings
Act''.
SEC. 2. IMPORTATION OF COVERED PRODUCTS FOR PERSONAL USE.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end
the following:
``SEC. 805. IMPORTATION OF COVERED PRODUCTS FOR PERSONAL USE.
``(a) Definitions.--In this section:
``(1) Covered product.--The term `covered product' means a
prescription drug described in section 503(b)(1).
``(2) Foreign country.--The term `foreign country' means--
``(A) Australia, Canada, Israel, Japan, New
Zealand, Switzerland, and South Africa; and
``(B) any other country, union, or economic area
that the Secretary designates for the purposes of this
section, subject to such limitations as the Secretary
determines to be appropriate to protect the public
health.
``(3) Market value.--The term `market value' means--
``(A) the price paid for a covered product in
foreign country; or
``(B) in the case of a gift, the price at which the
covered product is being sold in the foreign country
from which the covered product is imported.
``(b) Importation in Person.--
``(1) Regulations.--Notwithstanding subsections (d) and (t)
of section 301 and section 801(a), the Secretary shall
promulgate regulations permitting individuals to import into
the United States from a foreign country, in personal baggage,
a covered product that meets--
``(A) the conditions specified in paragraph (2);
and
``(B) such additional criteria as the Secretary
specifies to ensure the safety of patients in the
United States.
``(2) Conditions.--A covered product may be imported under
the regulations if--
``(A) the intended use of the covered product is
appropriately identified;
``(B) the covered product is not considered to
represent a significant health risk (as determined by
the Secretary without any consideration given to the
cost or availability of such a product in the United
States); and
``(C) the individual seeking to import the covered
product--
``(i) states in writing that the covered
product is for the personal use of the
individual;
``(ii) seeks to import a quantity of the
covered product appropriate for personal use,
such as a 90-day supply;
``(iii) provides the name and address of a
health professional licensed to prescribe drugs
in the United States that is responsible for
treatment with the covered product or provides
evidence that the covered product is for the
continuation of a treatment begun in a foreign
country;
``(iv) provides a detailed description of
the covered product being imported, including
the name, quantity, and market value of the
covered product;
``(v) provides the time when and the place
where the covered product is purchased;
``(vi) provides the port of entry through
which the covered product is imported;
``(vii) provides the name, address, and
telephone number of the individual who is
importing the covered product; and
``(viii) provides any other information
that the Secretary determines to be necessary,
including such information as the Secretary
determines to be appropriate to identify the
facility in which the covered product was
manufactured.
``(3) Importation by an individual other than the
patient.--The regulations shall permit an individual who seeks
to import a covered product under this subsection to designate
another individual to effectuate the importation if the
individual submits to the Secretary a certification by a health
professional licensed to prescribe drugs in the United States
that travelling to a foreign country to effectuate the
importation would pose a significant risk to the health of the
individual.
``(4) Consultation.--In promulgating regulations under
paragraph (1), the Secretary shall consult with the United
States Trade Representative and the Commissioner of Customs.
``(c) Importation by Mail.--
``(1) Regulations.--Notwithstanding subsections (d) and (t)
of section 301 and section 801(a), the Secretary shall
promulgate regulations permitting individuals to import into
the United States by mail a covered product that meets such
criteria as the Secretary specifies to ensure the safety of
patients in the United States.
``(2) Criteria.--In promulgating regulations under
paragraph (1), the Secretary shall impose the conditions
specified in subsection (b)(2) to the maximum extent
practicable.
``(3) Consultation.--In promulgating regulations under
paragraph (1), the Secretary shall consult with the United
States Trade Representative and the Commissioner of Customs.
``(d) Records.--Any information documenting the importation of a
covered product under subsections (b) and (c) shall be gathered and
maintained by the Secretary for such period as the Secretary determines
to be appropriate.
``(e) Study and Report.--
``(1) Study.--The Secretary shall conduct a study on the
imports permitted under this section, taking into consideration
the information received under subsections (b) and (c).
``(2) Evaluations.--In conducting the study, the Secretary
shall evaluate--
``(A) the safety and purity of the covered products
imported; and
``(B) patent, trade, and other issues that may have
an effect on the safety or availability of the covered
products.
``(3) Report.--Not later than 5 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report describing the results of the study.
``(f) No Effect on Other Authority.--Nothing in this section limits
the statutory, regulatory, or enforcement authority of the Secretary
relating to importation of covered products, other than the importation
described in subsections (b) and (c).
``(g) Limitation.--Information collected under this section shall
be subject to section 522a of title 5, United States Code.''.
(b) Conforming Amendment.--Section 801(d)(1) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(d)(1)) is amended by striking
``section 804'' and inserting ``sections 804 and 805''.
SEC. 3. CORRECTION OF IMPEDIMENTS IN IMPLEMENTATION OF MEDICINE EQUITY
AND DRUG SAFETY ACT OF 2000.
(a) Access to Labeling to Permit Importation.--Section 804 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following paragraph:
``(4) specify a fair and reasonable fee that a manufacturer
may charge an importer for printing and shipping labels for a
covered product for use by the importer.'';
(2) in subsection (e)(2), by inserting after ``used only
for purposes of testing'' the following: ``or the labeling of
covered products''; and
(3) in subsection (h)--
(A) by striking ``No manufacturer'' and inserting
the following:
``(1) In general.--No manufacturer''; and
(B) by adding at the end the following:
``(2) No conditions for labeling.--No manufacturer of a
covered product may impose any condition for the privilege of
an importer in using labeling for a covered product, except a
requirement that the importer pay a fee for such use
established by regulation under subsection (b)(4).''.
(b) Prohibition of Pricing Conditions.--Paragraph (1) of section
804(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384(h))
(as designated by subsection (a)(3)(A)) is amended by inserting before
the period at the end the following: ``that--
``(A) imposes a condition regarding the price at
which an importer may resell a covered product; or
``(B) discriminates against a person on the basis
of--
``(i) importation by the person of a
covered product imported under subsection (a);
or
``(ii) sale or distribution by the person
of such covered products''.
(c) Conditions for Taking Effect.--Section 804 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 384) is amended by striking
subsection (l) and inserting the following:
``(l) Conditions for Taking Effect.--
``(1) In general.--Except as provided in paragraph (2),
this section shall become effective only if the Secretary
certifies to Congress that there is no reasonable likelihood
that the implementation of this section would pose any
appreciable additional risk to the public health or safety.
``(2) Regulations.--Notwithstanding the failure of the
Secretary to make a certification under paragraph (1), the
Secretary, not later than 30 days after the date of enactment
of this paragraph, shall commence a rulemaking for the purpose
of formulating regulations to enable the Secretary to implement
this section immediately upon making such a certification.''.
(d) Repeal of Sunset Provision.--Section 804 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 384) is amended by striking
subsection (m).
(e) Authorization of Appropriations.--Section 804 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 384) (as amended by subsection
(d)) is amended by adding at the end the following:
``(m) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2002 and each subsequent fiscal year such
sums as are necessary to carry out this section.''. | Medication Equity and Drug Savings Act - Amends the Federal Food, Drug, and Cosmetic Act to require regulations permitting the personal-use importation into the United States of covered prescription drugs in personal baggage or by mail.Amends the Medicine Equity and Drug Safety Act of 2000 respecting specified imported pharmaceutical regulations to: (1) eliminate the sunset provision; (2) prohibit manufacturers from imposing importer pricing or labeling conditions, other than label fees; and (3) revise certification and rulemaking conditions. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to permit importation in personal baggage and by mail of certain covered products for personal use from certain foreign countries and to correct impediments in implementation of the Medicine Equity and Drug Safety Act of 2000."} | 2,301 | 104 | 0.498341 | 1.248817 | 0.976924 | 2.670213 | 21.968085 | 0.861702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residual Radioactive Contamination
Compensation Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Beginning in the early 1940s, the Department of Energy
and its predecessors, the Atomic Energy Commission and the
Manhattan Engineering District, relied upon hundreds of
private-sector factories and laboratories to develop, test, and
produce atomic weapons for use by the military, and these
facilities became contaminated with radioactive materials
during the atomic weapons production process.
(2) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (in this section referred to as
``EEOICPA'') provides health care and lump-sum benefits for
radiation-related cancers and other illnesses to certain
covered workers made sick while they toiled in the nation's
nuclear weapons factories, including vendor facilities. EEOICPA
defines these private-sector vendor facilities as ``atomic
weapons employer facilities'', and employees working in such
facilities while their employers were under contract to process
nuclear weapons materials are defined as ``atomic weapons
employees''.
(3) Many of the atomic weapons employer facilities were not
properly decontaminated after processing radioactive materials
such as thorium, uranium, and radium and retained significant
levels of contamination. Workers who were hired and employed in
such atomic weapons employer facilities after the date that
contracts ended for production were potentially exposed to
significant amounts of radiation. Congress was not aware of the
presence of residual radioactive contamination in these
facilities when it enacted EEOICPA, thus inadvertently denying
coverage under the law to those who were unwittingly exposed to
radiation left over from nuclear weapons activities.
(4) In December 2001, the National Defense Authorization
Act for Fiscal Year 2002 (Public Law 107-107) was enacted,
which required in section 3151(b) that the National Institute
for Occupational Safety and Health study and issue a final
report to Congress by December 2002 describing which of the
atomic weapons employer facilities had significant residual
radioactive contamination remaining in them after processing
materials for use in atomic weapons and during what time
periods such radioactive contamination remained.
(5) In October 2003, the Institute issued a report, titled
``Report on Residual Radioactive and Beryllium Contamination in
Atomic Weapons Employer and Beryllium Vendor Facilities''. The
report found that, out of 219 atomic weapons employer
facilities--
(A) 97 (44 percent) of such facilities have
potential for significant residual radioactive
contamination outside of the periods in which atomic
weapons-related production occurred;
(B) 88 (40 percent) of such facilities have little
potential for significant residual radioactive
contamination outside of the periods in which atomic
weapons-related production occurred; and
(C) 34 (16 percent) of such facilities have
insufficient information to make a determination.
(6) Congress is now aware that workers were employed in a
substantial number of atomic weapons employer facilities years
after the Manhattan Project ended. These workers were
potentially harmed by legacy residual radioactive contamination
that permeated the walls, the floors, and the air of their
worksites well after the Atomic Energy Commission and the
Department of Energy terminated contracts for production
activities. This exposure to residual radioactive contamination
took place without the knowledge or consent of these workers.
(7) Congress therefore declares that, based on the
scientific assessment by the Institute, those workers hired and
employed in such facilities during the period after Cold War
production stopped but during which the Institute found there
was significant residual radioactive contamination should be
defined as ``atomic weapons employees'' under EEOICPA, should
be eligible to apply for compensation under subtitle B of
EEOICPA, and should have their claims evaluated on the same
basis as those atomic weapons employees who were employed
during the period when processing of radioactive materials was
underway as part of the atomic weapons program.
SEC. 3. COVERAGE UNDER ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION PROGRAM OF INDIVIDUALS EMPLOYED AT ATOMIC
WEAPONS EMPLOYER FACILITIES DURING PERIODS OF RESIDUAL
CONTAMINATION.
Paragraph (3) of section 3621 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended
to read as follows:
``(3) The term `atomic weapons employee' means any of the
following:
``(A) An individual employed at an atomic weapons
employer facility during a period when the employer was
processing or producing, for the use by the United
States, material that emitted radiation and was used in
the production of an atomic weapon, excluding uranium
mining and milling.
``(B) An individual employed--
``(i) at an atomic weapons employer
facility with respect to which the National
Institute for Occupational Safety and Health,
in its report dated October 2003 and titled
`Report on Residual Radioactive and Beryllium
Contamination at Atomic Weapons Employer
Facilities and Beryllium Vendor Facilities', or
any update to that report, found that there is
a potential for significant residual
contamination outside of the period in which
weapons-related production occurred; and
``(ii) during a period, as specified in
such report or any update to such report, of
significant residual contamination at that
facility.''.
SEC. 4. UPDATE TO REPORT.
In each of 2005, 2006, and 2007, the Director of the National
Institute for Occupational Safety and Health shall submit to Congress,
not later than December 31 of that year, an update to the report
required by section 3151(b) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107-107; 42 U.S.C. 7384 note). Each
such update shall--
(1) for each facility for which such report, or any update
to such report, found that insufficient information was
available to determine whether significant residual
contamination was present, determine whether significant
residual contamination was present;
(2) for each facility for which such report, or any update
to such report, found that significant residual contamination
remained present as of the date of the report, determine the
date on which such contamination ceased to be present;
(3) for each facility for which such report, or any update
to such report, found that significant residual contamination
was present but for which the Director has been unable to
determine the extent to which such contamination is
attributable to beryllium or atomic weapons-related activities,
identify the specific dates of coverage attributable to such
activities and, in so identifying, presume that such
contamination is attributable to such activities until there is
evidence of decontamination of residual contamination
identified with beryllium or atomic weapons-related activities;
and
(4) if new information that pertains to the report has been
made available to the Director since that report was submitted,
identify and describe such information.
SEC. 5. PUBLICATION IN FEDERAL REGISTER.
The Director shall ensure that the report referred to in section 4,
and each update required by section 4, are published in the Federal
Register not later than 15 days after being released. | Residual Radioactive Contamination Compensation Act - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to cover individual employees: (1) at an atomic weapons employer facility with respect to which the National Institute for Occupational Safety and Health found a potential for residual contamination outside of the period in which weapons-related production occurred; and (2) during a period of significant residual contamination at such facility.
Instructs the Director of the National Institute for Occupational Safety and Health to submit to Congress updated reports regarding residual contamination in such facilities and the employees working in them while their employers were under Federal contract to process nuclear weapons materials. | {"src": "billsum_train", "title": "To provide coverage under the Energy Employees Occupational Illness Compensation Program for individuals employed at atomic weapons employer facilities during periods of residual contamination."} | 1,580 | 136 | 0.643346 | 1.845558 | 0.664509 | 3.933333 | 12.025 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Our Youth from Dangerous
Synthetic Drugs Act of 2013''.
SEC. 2. ENFORCEMENT.
(a) In General.--The Controlled Substances Act (21 U.S.C. 801 et
seq.) is amended--
(1) in section 102(32), by striking subparagraph (A) and
inserting the following:
``(A) Except as provided in subparagraph (C), the term
`controlled substance analogue' means--
``(i) a substance whose chemical structure is
substantially similar to the chemical structure of a
controlled substance in schedule I or II--
``(I) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous
system that is substantially similar to or
greater than the stimulant, depressant, or
hallucinogenic effect on the central nervous
system of a controlled substance in schedule I
or II; or
``(II) with respect to a particular person,
which such person represents or intends to have
a stimulant, depressant, or hallucinogenic
effect on the central nervous system that is
substantially similar to or greater than the
stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled
substance in schedule I or II; or
``(ii) a substance designated as a controlled
substance analogue by the Controlled Substance Analogue
Committee in accordance with section 201(i).''; and
(2) in section 201, by adding at the end the following:
``(i)(1) The Attorney General, in consultation with the Secretary
of Health and Human Services, shall establish an interagency committee,
to be known as the Controlled Substance Analogue Committee (referred to
in this subsection as the `Committee').
``(2) The Committee shall be--
``(A) headed by the Administrator of the Drug Enforcement
Administration; and
``(B) comprised of scientific experts in the fields of
chemistry and pharmacology from--
``(i) the Drug Enforcement Administration;
``(ii) the National Institute on Drug Abuse;
``(iii) the Centers for Disease Control and
Prevention; and
``(iv) any other Federal agency determined by the
Attorney General, in consultation with the Secretary of
Health and Human Services, to be appropriate.
``(3)(A) The Committee shall convene, on an as needed basis, to
establish and maintain a list of controlled substance analogues.
``(B) A substance may be designated as a controlled substance
analogue by the Committee under this subsection if the substance is
determined by the Committee to be similar to a schedule I or II
controlled substance in either its chemical structure or its predictive
effect on the body, in such a manner as to make it likely that the
substance will, or can be reasonably expected to have a potential for
abuse.
``(C) Evidence of human consumption by an individual or the public
at large is not necessary before a substance may be designated as a
controlled substance analogue under this subsection.
``(D) The Attorney General shall, through rulemaking, establish
procedures of operation for the Committee.
``(4)(A) Not later than 30 days before each meeting of the
Committee, the Attorney General shall submit to the Secretary of Health
and Human Services a notice of the meeting of the Committee, which
shall include--
``(i) a list of the substances to be considered by the
Committee during the meeting for designation as a controlled
substance analogue; and
``(ii) a request for the Secretary of Health and Human
Services to make a determination of whether an exemption or
approval for each substance listed under clause (i) is in
effect under section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355).
``(B) Not later than 30 days after the date on which the Secretary
of Health and Human Services receives notice under subparagraph (A),
the Secretary shall submit to the Attorney General a written response
to the request described under subparagraph (A)(ii). The Committee
shall consider the response submitted by the Secretary of Health and
Human Services in determining whether to designate a substance
considered by the Committee at the meeting as a controlled substance
analogue.
``(5)(A) The Attorney General shall publish in the Federal Register
any designation made by the Committee under this subsection.
``(B) The Administrator of the Drug Enforcement Administration
shall publish, on the website of the Drug Enforcement Administration, a
description of each designation made by the Committee under this
subsection, which shall include--
``(i) the chemical and common name of the controlled
substance analogue;
``(ii) the effective date of the determination, as
described in paragraph (6)(A); and
``(iii) any schedule I or II controlled substance that the
Committee has determined a substance is an analogue of.
``(6) A designation made by the Committee under this subsection
shall take effect on the date that is 30 days after the date on which
the designation is published in the Federal Register under paragraph
(5)(A).
``(7) If a substance designated as a controlled substance analogue
by the Committee under this section is subsequently scheduled through a
rulemaking proceeding under subsection (a), (d), or (h), the substance
shall be automatically removed from the controlled substance analogue
list.
``(8) If a defendant challenges the designation of a controlled
substance analogue made by the Committee under this subsection the
issue shall be considered a question of law.''.
(b) Funding.--Section 111(b)(2)(B) of Public Law 102-395 (21 U.S.C.
886a(2)(B)) is amended by inserting ``controlled substance analogues,''
after ``substances,''.
SEC. 3. IMPORTATION OF CONTROLLED SUBSTANCE ANALOGUES.
Section 1002 of the Controlled Substances Import and Export Act (21
U.S.C. 952) is amended--
(1) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (b) the following:
``(c) It shall be unlawful to import into the customs territory of
the United States from any place outside thereof (but within the United
States), or to import into the United States from any place outside
thereof, any controlled substance analogue designated pursuant to
section 201(i) of the Controlled Substances Act (21 U.S.C. 811(i))
unless the controlled substance analogue is imported pursuant to such
notification or declaration as the Attorney General may by regulation
prescribe.''.
SEC. 4. DIRECTIVE TO SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, the United States Sentencing Commission
shall review and, if appropriate, amend the Federal sentencing
guidelines and policy statements to ensure the guidelines and policy
statements provide adequate penalties for any offense involving the
unlawful manufacturing, importing, exporting, or trafficking of
controlled substance analogues under part D of the Controlled
Substances Act (21 U.S.C. 841 et seq.) or part A of the Controlled
Substances Import and Export Act (21 U.S.C. 951 et seq.) and similar
offenses, including unlawful possession, possession with intent to
commit any of the foregoing offenses, and attempt and conspiracy to
commit any of the foregoing offenses.
(b) Commission Duties.--In carrying out this section, the
Sentencing Commission shall--
(1) ensure that the sentences, guidelines, and policy
statements relating to offenders convicted of these offenses
are appropriately severe and reasonably consistent with other
relevant directives and other Federal sentencing guidelines and
policy statements;
(2) make any necessary conforming changes to the Federal
sentencing guidelines; and
(3) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code. | Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013 - Amends the Controlled Substances Act to include in the definition of a "controlled substance analogue" a substance designated as such by the Controlled Substance Analogue Committee (established by this Act). Directs the Attorney General to establish such Committee as an interagency committee headed by the Administrator of the Drug Enforcement Administration (DEA) and comprised of scientific experts in the fields of chemistry and pharmacology from DEA, the National Institute on Drug Abuse, the Centers for Disease Control and Prevention (CDC), and any other federal agency determined by the Attorney General to be appropriate. Requires the Committee to designate, and establish and maintain a list of, controlled substance analogues determined to be similar to a schedule I or II controlled substance in either chemical structure or predictive effect on the body in such a manner as to make it likely that the substance will, or can be reasonably expected to, have a potential for abuse. Directs the Administrator to publish a description of each designation made by the Committee. Amends the Controlled Substances Import and Export Act to prohibit the importation of any controlled substance analogue except pursuant to such notification or declaration as the Attorney General may prescribe. Directs the U.S. Sentencing Commission to review and, if appropriate, amend the federal sentencing guidelines and policy statements to ensure that they provide adequate penalties for any offense involving the unlawful manufacturing, importing, exporting, or trafficking of controlled substance analogues and similar offenses. | {"src": "billsum_train", "title": "Protecting Our Youth from Dangerous Synthetic Drugs Act of 2013"} | 1,838 | 346 | 0.571678 | 1.709231 | 0.915163 | 4.992832 | 5.888889 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cell Phone Theft Prevention Act of
2013''.
SEC. 2. MOBILE DEVICE THEFT PREVENTION.
(a) In General.--Part I of title III of the Communications Act of
1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 343. MOBILE DEVICE THEFT PREVENTION.
``(a) Provision of Service on Stolen Device.--
``(1) Prohibition.--A provider of commercial mobile service
or commercial mobile data service may not provide service on a
mobile device that has been reported to such provider as
stolen--
``(A) by the person who holds the account with
respect to such service; or
``(B) by another provider of commercial mobile
service or commercial mobile data service, in
accordance with paragraph (2).
``(2) Reporting by service providers.--A provider of
commercial mobile service or commercial mobile data service to
which a mobile device is reported stolen as described in
paragraph (1)(A) shall inform all other providers of such
service--
``(A) that such device has been reported stolen;
and
``(B) of any information necessary for the
identification of such device.
``(b) Remote Deletion of Data.--A provider of commercial mobile
service or commercial mobile data service on a mobile device shall make
available to the person who holds the account with respect to such
service the capability of deleting from such device, from a remote
location, all information that was placed on such device after its
manufacture.
``(c) Device Standards.--A person may not manufacture in the United
States or import into the United States for sale or resale to the
public a mobile device unless such device is--
``(1) equipped with a mobile device identification number;
and
``(2) configured in such a manner that the provider of
commercial mobile service or commercial mobile data service on
the device is able to make available the remote deletion
capability required by subsection (b).
``(d) Alteration or Removal of Mobile Device Identification
Number.--
``(1) Prohibition.--It shall be unlawful to--
``(A) knowingly remove, obliterate, tamper with, or
alter a mobile device identification number; or
``(B) knowingly use, produce, traffic in, have
control or custody of, or possess hardware or software,
knowing it has been configured to engage in the conduct
described in subparagraph (A).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned not
more than 5 years, or both.
``(e) Definitions.--In this section:
``(1) Commercial mobile data service.--The term `commercial
mobile data service' has the meaning given such term in section
6001 of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1401).
``(2) Commercial mobile service.--The term `commercial
mobile service' has the meaning given such term in section 332.
``(3) Mobile device.--The term `mobile device' means a
personal electronic device on which commercial mobile service
or commercial mobile data service is provided.
``(4) Mobile device identification number.--The term
`mobile device identification number' means an international
mobile equipment identity number, electronic serial number, or
any other number or signal that identifies a specific mobile
device.''.
(b) Report to FCC.--Not later than 1 year after the date of the
enactment of this Act, each provider of commercial mobile service or
commercial mobile data service that provides such service on a mobile
device shall submit to the Federal Communications Commission a report
on--
(1) the efforts such provider is making in order to be
prepared to comply, not later than the effective date described
in subsection (c)(1), with the requirements of subsections (a)
and (b) of section 343 of the Communications Act of 1934, as
added by subsection (a) of this section; and
(2) the progress of such provider toward being prepared to
comply with such requirements by such date.
(c) Effective Date.--
(1) In general.--Such section 343 shall take effect on the
date that is 2 years after the date of the enactment of this
Act.
(2) Devices previously manufactured or imported.--In the
case of a mobile device that was manufactured in the United
States (or imported into the United States, if such device was
manufactured outside the United States) before the date that is
2 years after the date of the enactment of this Act, a provider
of commercial mobile service or commercial mobile data service
shall only be required to comply with subsections (a) and (b)
of such section to the extent technologically feasible.
(d) Definitions.--In this section, a term that is defined in such
section 343 shall have the meaning given such term in such section. | Cell Phone Theft Prevention Act of 2013 - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile or commercial mobile data service from providing service on a mobile device that has been reported to such provider as stolen: (1) by the person who holds the account with respect to such service, or (2) by another service provider receiving a report that the device has been stolen. Requires service providers receiving a report that a device has been stolen to inform all other providers. Directs service providers to make available to the account holders the capability of deleting, from a remote location, all information that was placed on a mobile device after its manufacture. Prohibits the manufacturing of a mobile device, or the importation of such a device into the United States for sale or resale to the public, unless the device is equipped with an identification number and configured with remote deletion capability. Establishes criminal penalties for the alteration or removal of a mobile device identification number or for the knowing use, production, trafficking in, control, custody, or possession of hardware or software configured to engage in the alteration or removal of such numbers. | {"src": "billsum_train", "title": "Cell Phone Theft Prevention Act of 2013"} | 1,115 | 249 | 0.738875 | 2.040941 | 0.817658 | 3.452489 | 4.696833 | 0.900452 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``World Class
Military Medical Facilities Act''.
(b) Findings.--Congress makes the following findings:
(1) The Department of Defense lacks a complete plan for the
entirety of facilities at the new Walter Reed National Military
Medical Center in Bethesda, Maryland.
(2) The Department of Defense has not established an
integrated operating structure, has not provided clear and
appropriate budget authorities, and has not designed either
joint military or civilian personnel structures to staff the
new Walter Reed National Military Medical Center.
(3) There are differing standards and levels of
construction and funding that could result in a facility that
is not in totality a world class military medical facility.
(4) The Department of Defense lacks a unified construction
standard for military construction and repairs to military
medical facilities.
(5) In the report referred to in section 8(2), the National
Capital Region Base Realignment and Closure Health Systems
Advisory Subcommittee of the Defense Health Board identified
numerous deficiencies in the current plan for the new Walter
Reed National Military Medical Center.
SEC. 2. DISESTABLISHMENT OF JOINT TASK FORCE NATIONAL CAPITAL REGION
MEDICAL.
Not later than 30 days after the date of enactment of this Act, the
Secretary of Defense shall disestablish the organization known as Joint
Task Force National Capital Region Medical. Upon such disestablishment,
all personnel, property, and functions of the Joint Task Force National
Capital Region Medical shall be transferred back to the military
department from which the personnel, property, or functions were
transferred or to the Office of the Secretary of Defense.
SEC. 3. ESTABLISHMENT OF OFFICE RESPONSIBLE FOR IMPLEMENTING NATIONAL
CAPITAL REGION MILITARY MEDICAL FACILITIES
RECOMMENDATIONS AND REQUIREMENTS.
(a) Establishment.--Not later than June 1, 2010, the Secretary of
Defense shall establish within the Office of the Secretary of Defense
an office responsible for implementing all recommendations and
requirements regarding military medical facilities in the National
Capital Region contained in--
(1) the report of the Defense Base Closure and Realignment
Commission transmitted to Congress on September 15, 2005, under
section 2903(e) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note);
(2) section 2714 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2656); or
(3) any other provision of law.
(b) Organization.--
(1) Director.--The director of the office shall be the
Deputy Secretary of Defense. The responsibilities of the
director may not be delegated to another individual, office,
command, field agency, or field activity.
(2) Deputy director.--The deputy director of the office
shall be the Assistant Secretary of Defense for Health Affairs.
The responsibilities of the deputy director may not be
delegated to another individual, office, command, field agency,
or field activity.
(c) Responsibilities and Authorities.--
(1) Missions.--The office shall define the medical missions
and responsibilities of the Office of the Secretary of Defense
and the military departments in the National Capital Region.
(2) Budget and operational authority.--The office shall
retain overall budget and operational authority to provide and
operate world class military medical facilities in the National
Capital Region. This authority includes the development of
budgets, prioritization of requirements, and the allocation of
funds to provide and operate world class military medical
facilities.
(3) Personnel.--The office, in consultation with the
Secretaries of the military departments, shall specify
personnel authorizations and personnel systems required to
provide and operate world class military medical facilities in
the National Capital Region.
SEC. 4. COMPLETION OF NATIONAL CAPITAL REGION HEALTH CARE DELIVERY
MASTER PLAN.
Upon the establishment of the office under section 3, the office
shall assume responsibility for the development and implementation of
the comprehensive master plan to provide sufficient world class
military medical facilities and an integrated system of health care
delivery for the National Capital Region required by section 2714 of
the National Defense Authorization Act for Fiscal Year 2010 (Public Law
111-84; 123 Stat. 2656).
SEC. 5. ESTABLISHMENT OF UNIFIED CONSTRUCTION STANDARD FOR MILITARY
CONSTRUCTION AND REPAIRS TO MILITARY MEDICAL FACILITIES.
Not later than June 1, 2010, the Secretary of Defense shall
establish a unified construction standard for military construction and
repairs for military medical facilities that provides a single standard
of care. This standard shall also include a size standard for operating
rooms and patient recovery rooms.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR IMPLEMENTION OF UNIFIED
CONSTRUCTION STANDARD AT WALTER REED NATIONAL MILITARY
MEDICAL CENTER.
There is authorized to be appropriated to the Secretary of Defense
$400,000,000 to implement at Walter Reed National Military Medical
Center the unified construction standard for military construction and
repairs for military medical facilities established under section 5.
SEC. 7. INDEPENDENT REVIEW PANEL.
(a) Establishment of Review Panel.--The Secretary of Defense shall
establish an advisory committee to be known as the ``Independent Review
Panel for Military Medical Care in the National Capital Region'' to
advise the Secretary regarding whether the proposed design and
organizational structure for military medical facilities in the
National Capital Region will achieve a world class military medical
facility.
(b) Members.--
(1) Congressional members.--The advisory committee is
constituted annually of the following:
(A) The chairman of the Committee on Armed Services
of the Senate or the chairman's designee.
(B) Three other members of the Senate designated by
the Vice President or the President pro tempore of the
Senate, two of whom are members of the Committee on
Appropriations of the Senate.
(C) The chairman of the Committee on Armed Services
of the House of Representatives or the chairman's
designee.
(D) Four other members of the House of
Representatives designated by the Speaker of the House
of Representatives, two of whom are members of the
Committee on Appropriations of the House of
Representatives.
(2) Other members.--The advisory committee shall also
include six persons designated by the President who are not
employees or appointed political officials of the executive
branch. These members shall be medical facility experts,
military health-care professionals, representatives of premier
health care organizations in the United States, retired senior
military officers or non-commissioned officers, or patient
representatives. Not more than two members designated under
this paragraph may be retired members of the Armed Forces. The
term of office of these members shall be three years, except
that the President may stagger the initial terms.
(3) Successors.--Any member of the advisory committee whose
term of office expires may continue to serve until a successor
is appointed. If a member dies or resigns, a successor shall be
appointed for the unexpired portion of the term.
(c) Meetings.--
(1) In general.--The advisory committee shall meet not less
than monthly. The committee or its members may make other
visits to military treatment facilities and military
headquarters in connection with the duties of the committee.
The committee may call in advisers for consultation.
(2) Compensation.--While performing duties on behalf of the
advisory committee, a member of the committee and any adviser
referred to in paragraph (1) shall be reimbursed under
Government travel regulations for necessary travel expenses.
(d) Duties.--The advisory committee shall review--
(1) the plans for the design and organizational structure
for military medical facilities in the National Capital Region
to ensure that the facilities and organizational structure will
result in a world class military medical facility; and
(2) the execution of the plans and such other matters
relating to military medical care in the National Capital
Region as the committee considers appropriate.
(e) Reports.--
(1) Initial report.--Not later than 60 days after the first
meeting of the advisory committee, the committee shall submit
to the Secretary of Defense a written report containing an
assessment of military medical care in the National Capital
Region and the views and recommendations of the committee to
improve such care.
(2) Additional reports.--Not later than December 31, 2010,
and December 31, 2011, the advisory committee shall submit to
the Secretary of Defense a report on the findings and
recommendations of the committee to address any deficiencies
identified by the committee.
(f) Assessment of Recommendations.--Not later than 30 days after
the date of the submission of each report under subsection (e), the
Secretary of Defense shall submit to the congressional defense
committees a report including--
(1) an assessment by the Secretary of the findings and
recommendations of the panel; and
(2) the plans of the Secretary for addressing such findings
and recommendations.
SEC. 8. DEFINITIONS.
In this Act:
(1) National capital region.--The term ``National Capital
Region'' has the meaning given the term in section 2674(f) of
title 10, United States Code.
(2) World class military medical facility.--The term
``world class military medical facility'' has the meaning given
the term by the National Capital Region Base Realignment and
Closure Health Systems Advisory Subcommittee of the Defense
Health Board in appendix B of the report titled ``Achieving
World Class--An Independent Review of the Design Plans for the
Walter Reed National Military Medical Center and the Fort
Belvoir Community Hospital'' and published in May 2009, as
required by section 2721 of the Military Construction
Authorization Act for Fiscal Year 2009 (division B of Public
Law 110-417; 122 Stat. 4716). | World Class Military Medical Facilities Act - Directs the Secretary of Defense (DOD) to disestablish the Joint Task Force National Capital Region Medical.
Requires the Secretary to establish an office responsible for implementing all recommendations and requirements regarding military medical facilities in the National Capital Region (Region) contained in the report of the Defense Base Closure and Realignment Commission, a provision of the National Defense Authorization Act for Fiscal Year 2010, or any other provision of law. Makes the Deputy Secretary of Defense the head of such office.
Requires such office to assume responsibility for the development and implementation of the comprehensive master plan to provide sufficient world-class military medical facilities and an integrated system of health care delivery for the Region.
Directs the Secretary to establish a unified construction standard for military construction and repairs for such facilities.
Authorizes appropriations to implement such standard at Walter Reed National Military Medical Center.
Requires the Secretary to establish the Independent Review Panel for Military Medical Care in the National Capital Region to advise the Secretary on whether the proposed design and organizational structure for military medical facilities in the Region will achieve a world-class military medical facility. | {"src": "billsum_train", "title": "To establish within the Office of the Secretary of Defense an office responsible for implementing all recommendations and requirements regarding military medical facilities in the National Capital Region, and for other purposes."} | 2,146 | 246 | 0.676065 | 1.945566 | 0.931459 | 4.834862 | 8.972477 | 0.963303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Up the Department of Veterans
Affairs Act of 2017''.
SEC. 2. PROHIBITION ON EMPLOYMENT BY SECRETARY OF VETERANS AFFAIRS OF
INDIVIDUALS CONVICTED OF CERTAIN FELONIES AND MEDICAL
PERSONNEL WHO HAVE HAD THEIR MEDICAL LICENSES OR
CREDENTIALS REVOKED OR SUSPENDED.
(a) Individuals Convicted of Felonies.--Section 709 of title 38,
United States Code, is amended by adding at the end the following new
subsections:
``(d)(1) Except as provided in paragraph (2), the Secretary may
not--
``(A) hire in or transfer to any position at the Department
any person who has been convicted of a State or Federal
criminal offense--
``(i) for which the minimum term of imprisonment is
more than one year; and
``(ii) that substantially relates to the position;
or
``(B) employ in any position at the Department any person
who, after the date of the enactment of the Clean Up the
Department of Veterans Affairs Act of 2017, is convicted of a
criminal offense described in subparagraph (A).
``(2)(A) Paragraph (1) shall not apply with respect to a conviction
of a State or Federal criminal offense if--
``(i) the records of such conviction have been expunged
pursuant to an order by a court of competent jurisdiction; or
``(ii) during the 10-year period beginning on the date of
such conviction, the person who was convicted of such criminal
offense has not been convicted of any other State or Federal
criminal offense for which the minimum term of imprisonment is
more than one year.
``(B) Paragraph (1) shall not apply in a case in which the person
being hired or transferred is being hired or transferred as part of a
program intended specifically to help veterans who have been convicted
of a State or Federal criminal offense for which the minimum term of
imprisonment is more than one year.
``(3) The Director of the Office of Personnel Management shall, for
purposes of paragraph (1), issue guidance on which criminal offenses
substantially relate to which positions at the Department.
``(4) Before hiring any individual for a position at the
Department, the Secretary shall conduct a background check to determine
whether the individual has been convicted of any offenses described in
paragraph (1).''.
(b) Prohibition on Employment of Individuals Who Have Had Medical
Licenses or Credentials Revoked or Suspended.--
(1) In general.--Section 7402 of such title is amended by
adding at the end the following new subsection:
``(h)(1) The Secretary may not employ, transfer, or hire any
individual in a position listed in section 7401(1) of this title who
has had a license or credential relating to such position revoked or
suspended by a lawful licensing authority pursuant to a finding by the
lawful licensing authority that the individual is dyscompetent, the
individual is incompetent, or the services provided by the individual
do not meet the standards prescribed by the lawful licensing authority
for such services.
``(2) Before transferring or hiring any individual in a position
listed in section 7401(1) of this title, the Secretary shall conduct a
background check, including by searching the State medical licensing
board of each State in which the employee is licensed or practices and
the National Practitioner Databank or any successor databank, to
determine whether the individual has had a license or credential
relating to such position revoked or suspended in any State.''.
(2) Termination of current employees.--As soon as
practicable after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall begin the process of
terminating the employment of each individual employed by the
Secretary in violation of section 7402(h) of title 38, United
States Code, as added by paragraph (1).
(c) Relation to Other Provisions of Law.--
(1) In general.--Any provision of title 5, United States
Code, or subchapter V of chapter 74 of title 38, United States
Code, otherwise applicable to the termination of an employee
under subsection (b)(2) of this section, section 709(d) of
title 38, United States Code, as added by subsection (a), or
section 7402(h) of such title, as added by subsection (b)(1),
shall apply to the termination, except to the extent such
provision of title 5, United States Code, or subchapter V of
chapter 74 of title 38, United States Code, conflicts with, and
is superseded by, subsection (b)(2) of this section, section
709(d) of such title, or section 7402(h) of such title.
(2) Merit system principles.--The Secretary shall carry out
any termination described in paragraph (1) in a manner
consistent with the merit system principles set forth in
section 2301(b) of title 5, United States Code.
(3) Limitation on period of review of appeals.--In any case
in which an appeal of a termination described in paragraph (1)
of an employee is submitted to the Merit Systems Protection
Board for review, the Merit Systems Protection Board shall take
such actions as may be necessary to ensure that,
notwithstanding any other provision of law, the Board issues a
decision on such appeal not later than 30 days after the date
on which the employee receives notification from the Secretary
of such termination.
(4) Rule of construction.--Subsection (b)(2), section
709(d) of title 38, United States Code, as added by subsection
(a), and section 7402(h) of such title, as added by subsection
(b)(1), shall not be construed to deprive or waive for any
individual any employment protection or due process requirement
in effect on the day before the date of the enactment of this
Act, except as provided in paragraph (1) of this subsection.
SEC. 3. DISCLOSURE OF DISCIPLINARY ACTION WITH RESPECT TO HEALTH CARE
PROVIDERS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
(a) Disclosure of Disciplinary Action With Respect to Health Care
Employees.--Notwithstanding section 552a of title 5, United States
Code, the Secretary of Veterans Affairs shall, with respect to each
individual appointed under section 7401 of title 38, United States
Code, for which disciplinary action has been taken by the Secretary,
provide to the State medical licensing board of each State in which the
individual is licensed or practices, and to the National Practitioner
Databank or any successor databank, information regarding such
disciplinary action.
(b) Disclosure of Disciplinary Action With Respect to Non-
Department Providers.--
(1) In general.--Notwithstanding section 552a of title 5,
United States Code, the Secretary of Veterans Affairs shall,
with respect to each non-Department health care provider for
which disciplinary action has been taken by the Secretary,
provide to the State medical licensing board of each State in
which the provider is licensed or practices, and to the
National Practitioner Databank or any successor databank,
information regarding such disciplinary action.
(2) Report to congress.--Not later than one year after the
date of the enactment of this Act, and not less frequently than
annually thereafter, the Secretary of Veterans Affairs 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 all non-Department health care
providers with respect to which disciplinary action was taken
by the Secretary during the year preceding the submittal of the
report.
(3) Non-department health care provider defined.--In this
subsection, the term ``non-Department health care provider''
means a health care provider that is not a health care provider
of the Department of Veterans Affairs. | Clean Up the Department of Veterans Affairs Act of 2017 This bill prohibits the Department of Veterans Affairs (VA) from: (1) hiring or transferring to any VA position a person who has been convicted of a state or federal criminal offense that substantially relates to the position and for which the minimum prison term is more than one year; or (2) employing a person in a VA position who, after enactment of this bill, is convicted of such a criminal offense. Such prohibition shall not apply: to a conviction of a state or federal criminal offense if the records of such conviction have been expunged, to a conviction of a state or federal criminal offense if during the 10-year period beginning on the date of such conviction the person has not been convicted of any other criminal offense for which the minimum prison term is more than one year, or if the person is being hired or transferred as part of a program to help veterans who have been convicted of a state or federal criminal offense for which the minimum prison term is more than one year. The VA: (1) may not employ, transfer, or hire an individual for specified medical positions who has had a related license or credential revoked or suspended; and (2) shall begin the process of terminating current employees who have had such licenses or credentials revoked or suspended. The Merit Systems Protection Board shall issue a decision on an appeal for termination review within 30 days of an employee's notification of termination. The VA shall provide information about an individual's disciplinary action to the appropriate state medical licensing boards and to the National Practitioner Databank. | {"src": "billsum_train", "title": "Clean Up the Department of Veterans Affairs Act of 2017"} | 1,773 | 347 | 0.72957 | 2.20748 | 0.805511 | 4.377778 | 5.04127 | 0.911111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Payroll Fraud Prevention Act of
2017''.
SEC. 2. CLASSIFICATION OF EMPLOYEES AND NON-EMPLOYEES.
(a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938
(29 U.S.C. 203) is amended by adding at the end the following:
``(z) `Non-employee' means an individual who--
``(1) has been engaged, in the course of the trade or
business of the person, for the performance of labor or
services; and
``(2) is not an employee of the person.
``(aa) `Covered individual' when used with respect to an employer
or other person means--
``(1) an employee of the employer; or
``(2) a non-employee of the person (including a person who
is an employer)--
``(A) whom the person has engaged, in the course of
the trade or business of the person, for the
performance of labor or services; and
``(B)(i) with respect to whom the person is
required to file an information return under section
6041A(a) of the Internal Revenue Code of 1986; or
``(ii) who is providing labor or services to the
person through an entity that is a trust, estate,
partnership, association, company, or corporation (as
such terms are used in section 7701(a)(1) of the
Internal Revenue Code of 1986) if--
``(I) such individual has an ownership
interest in the entity;
``(II) creation or maintenance of such
entity is a condition for the provision of such
labor or services to the person; and
``(III) the person would be required to
file an information return for the entity under
section 6041A(a) of the Internal Revenue Code
of 1986 if the entity were an individual.''.
(b) Classification as Employees.--Section 11(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 211(c)) is amended--
(1) by striking ``(c) Every employer subject to any
provision of this Act or of any order issued under this Act''
and inserting the following:
``(c) Recordkeeping; Classification; Notice.--
``(1) Recordkeeping.--Every person subject to any provision
of this Act or of any order issued under this Act''; and
(2) by adding at the end the following:
``(2) Classification.--Every person (including every
employer and enterprise), who employs any employee engaged in
commerce or in the production of goods for commerce or engages
any non-employee engaged in commerce or in the production of
goods for commerce, shall accurately classify each covered
individual as an employee or a non-employee (as the case may
be).
``(3) Notice.--
``(A) In general.--Every person subject to any
provision of this Act or of any order issued under this
Act shall provide the notice described in subparagraph
(C) to each employee of the person and each individual
classified by the person as a non-employee under
paragraph (2) and maintain a copy of such notice as a
required record under paragraph (1).
``(B) Timing of notice.--
``(i) In general.--The notice described in
subparagraph (A) shall be provided, at a
minimum, to each covered individual not later
than 6 months after the date of enactment of
the Payroll Fraud Prevention Act of 2017, and
thereafter--
``(I) for each new employee, upon
employment; and
``(II) for each new non-employee,
upon commencement of the labor or
services provided by the non-employee.
``(ii) Change in status.--Each person
required to provide a notice under subparagraph
(A) to a covered individual shall also provide
such notice to such individual upon changing
the status of such individual as an employee or
a non-employee.
``(C) Contents of notice.--The notice required
under this paragraph shall be in writing and shall--
``(i) inform the covered individual of the
classification of such individual, by the
person submitting the notice, as an employee or
a non-employee;
``(ii) include a statement directing such
individual to the Department of Labor website
established under section 3 of the Payroll
Fraud Prevention Act of 2017, for the purpose
of providing further information about the
legal rights of an employee;
``(iii) include the address and telephone
number for the applicable local office of the
Department of Labor; and
``(iv) include for each covered individual
classified as a non-employee by the person
providing the notice, the following statement:
`Your rights to wage, hour, and other labor
protections depend upon your proper
classification as an employee or a non-
employee. If you have any questions or concerns
about how you have been classified or suspect
that you may have been misclassified, contact
the U.S. Department of Labor.'.
``(D) Presumption.--
``(i) In general.--For purposes of this Act
and the regulations or orders issued under this
Act, a covered individual to whom a person is
required to provide a notice under subparagraph
(A) shall be presumed to be an employee of the
person if the person has not provided the
individual with such notice within the time
required under subparagraph (B).
``(ii) Rebuttal.--The presumption under
clause (i) shall be rebutted only through the
presentation of clear and convincing evidence
that a covered individual described in such
subparagraph is not an employee of the
person.''.
(c) Special Prohibited Acts.--Section 15(a) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 215(a)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) to discharge or in any other manner discriminate
against any covered individual (including an employee) because
such individual has--
``(A) opposed any practice, filed any petition or
complaint, or instituted or caused to be instituted any
proceeding--
``(i) under or related to this Act
(including concerning the status of a covered
individual as an employee or a non-employee for
purposes of this Act); or
``(ii) concerning the status of a covered
individual as an employee or a non-employee for
employment tax purposes within the meaning of
subtitle C of the Internal Revenue Code of
1986;
``(B) testified or is about to testify in any
proceeding described in subparagraph (A); or
``(C) served, or is about to serve, on an industry
committee;'';
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) to wrongly classify an employee of the person as a
non-employee in accordance with section 11(c)(2).''.
(d) Special Penalty for Certain Misclassification, Recordkeeping,
and Notice Violations.--Section 16 of the Fair Labor Standards Act of
1938 (29 U.S.C. 216) is amended--
(1) in subsection (b)--
(A) in the sixth sentence, by striking ``any
employee'' each place the term occurs and inserting
``any covered individual'';
(B) in the fourth sentence--
(i) by striking ``employees'' and inserting
``covered individual''; and
(ii) by striking ``he gives his consent''
and inserting ``such covered individual
consents'';
(C) in the third sentence--
(i) by striking ``either of the preceding
sentences'' and inserting ``any of the
preceding sentences'';
(ii) by striking ``one or more employees''
and inserting ``one or more covered
individuals''; and
(iii) by striking ``in behalf of himself or
themselves and other employees'' and inserting
``on behalf of such covered individual or
individuals and other covered individuals'';
and
(D) by inserting after the first sentence the
following: ``Such liquidated damages are doubled
(subject to section 11 of the Portal-to-Portal Act of
1947 (29 U.S.C. 260)) where, in addition to violating
the provisions of section 6 or 7, the employer has
violated the provisions of section 15(a)(6) with
respect to such employee or employees.''; and
(2) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Any person who violates section 6, 7, 11(c), or
15(a)(6) shall be subject to a civil penalty, for each employee
or other individual who was the subject of such a violation, in
an amount--
``(A) not to exceed $1,100; or
``(B) in the case of a person who has repeatedly or
willfully committed such violation, not to exceed
$5,000.''.
SEC. 3. EMPLOYEE RIGHTS WEBSITE.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Labor shall establish a single webpage on the
Department of Labor website that summarizes in plain language the
rights of employees and non-employees under the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.), including the rights described in
the amendments made by section 2.
SEC. 4. MISCLASSIFICATION OF EMPLOYEES FOR UNEMPLOYMENT COMPENSATION
PURPOSES.
(a) In General.--Section 303(a) of the Social Security Act (42
U.S.C. 503(a)) is amended--
(1) in paragraph (11)(B), by striking the period and
inserting ``; and'';
(2) in paragraph (12), by striking the period and inserting
``; and''; and
(3) by adding after paragraph (12) the following:
``(13)(A) Such auditing and investigative procedures as may
be necessary to identify employers that have not registered
under the State law or that are paying unreported wages, where
these actions or omissions by the employers have the effect of
excluding employees from unemployment compensation coverage;
and
``(B) The making of quarterly reports to the Secretary of
Labor (in such form as the Secretary of Labor may require)
describing the results of the procedures under subparagraph
(A); and
``(14) The establishment of administrative penalties for
misclassifying employees, or paying unreported wages to
employees without proper recordkeeping, for unemployment
compensation purposes.''.
(b) Review of Auditing Programs.--The Secretary of Labor shall
include, in the Department of Labor's system for measuring the
performance of States in conducting unemployment compensation tax
audits, a specific measure of the effectiveness of States in
identifying the underreporting of wages and the underpayment of
unemployment compensation contributions (including the effectiveness of
States in identifying instances of such underreporting or underpayments
despite the absence of canceled checks, original time sheets, or other
similar documentation).
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect 12 months
after the date of enactment of this Act.
(2) Exception.--If the Secretary of Labor finds that
legislation is necessary for the unemployment compensation law
of a State to comply with the amendments made by subsection
(a), such amendments shall not apply with respect to such law
until the later of--
(A) the day after the close of the first regular
session of the legislature of such State that begins
after the date of enactment of this Act; or
(B) 12 months after the date of enactment of this
Act.
(d) Definition of State.--For purposes of this section, the term
``State'' has the meaning given the term in section 3306(j) of the
Internal Revenue Code of 1986.
SEC. 5. DEPARTMENT OF LABOR COORDINATION, REFERRAL, AND REGULATIONS.
(a) Coordination and Referral.--Notwithstanding any other provision
of law, any office, administration, or division of the Department of
Labor that, while in the performance of its official duties, obtains
information regarding the misclassification by a person subject to the
provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et
seq.), or any order issued under such Act of any individual regarding
whether such individual is an employee or a non-employee engaged in the
performance of labor or services for purposes of section 6 or 7 of such
Act (29 U.S.C. 206, 207), or in records required under section 11(c) of
such Act (29 U.S.C. 211(c)), shall report such information to the Wage
and Hour Division of the Department of Labor. The Wage and Hour
Division may report such information to the Internal Revenue Service as
the Wage and Hour Division considers appropriate.
(b) Regulations.--The Secretary of Labor shall promulgate
regulations to carry out this Act and the amendments made by this Act.
SEC. 6. TARGETED AUDITS.
The audits of employers subject to the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour
Division of the Department of Labor shall include certain industries
with frequent incidence of misclassifying employees as non-employees,
as determined by the Secretary of Labor. | Payroll Fraud Prevention Act of 2017 This bill amends the Fair Labor Standards Act of 1938 to require employers to accurately classify their employees or non-employees as employees or independent contractors and to notify such employees or non-employees of their classification. The bill makes it unlawful for any person to: (1) discharge or otherwise discriminate against an employee or non-employee who has filed a complaint with respect to their employment classification, and (2) wrongly classify an employee as a non-employee. The bill doubles the amount of liquidated damages for unpaid wages and misclassifications of employees. The bill amends the Social Security Act to: (1) require, as a condition for the federal grant program for unemployment compensation administration, auditing and investigative procedures to identify employers who are not registered under state law or who are paying unreported wages; and (2) impose administrative penalties for misclassification of employees or payment of unreported wages without proper recordkeeping. The bill requires the Department of Labor to report any misclassification of an employee to its Wage and Hour Division. The Wage and Hour Division is then authorized to report a misclassification to the Internal Revenue Service. | {"src": "billsum_train", "title": "Payroll Fraud Prevention Act of 2017"} | 3,142 | 268 | 0.445411 | 1.194038 | 0.829695 | 2.39819 | 12.710407 | 0.859729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Municipal Preparation and Strategic
Response Act''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Emergency response unit.--The term ``emergency response
unit'' means a State or local emergency response unit,
including any fire department, police department, sheriff's
office, paramedic unit, local public health unit, or hospital,
or any other entity determined by a State or unit of local
government to be essential to emergency response and
preparedness.
(2) Unit of local government.--The term ``unit of local
government'' includes any city, county, town, borough, tribe,
or other municipality or consortia of local governments.
SEC. 3. FINDINGS.
The Congress finds that--
(1) in the event of a catastrophe or an attack on the
Nation, emergency response units are the first to respond to
the scene and thereby take the greatest risks, underscoring the
need for a coordinated response to an emergency;
(2) potential contamination of reservoirs, water supplies,
sewers, and food supplies, as well as the potential release of
biochemical agents and contaminants are a threat to front line
rescuers and appropriate protocols and procedures must be
established;
(3) the potential threats of a disruption of communications
and other high technology systems through the use of electronic
warfare techniques must be identified and appropriate protocol
and procedures must be established; and
(4) there is a clear and present need to coordinate a
response to terrorism-related emergencies among emergency
response units and between local, State, and Federal agencies.
SEC. 4. GRANT PROGRAM.
(a) In General.--The Director of the Federal Emergency Management
Agency shall make grants on a competitive basis to units of local
government and emergency response units.
(b) Use of Grants.--Grants made under this section shall be used
to--
(1) develop strategic response plans that--
(A) provide for a clearly defined and unified
response to a terrorist attack or other catastrophe;
(B) coordinate the activities and procedures of
various emergency response units;
(C) define the relationship, roles,
responsibilities, jurisdictions, command structures,
and communication protocols of emergency response
units;
(D) coordinate response procedures with similar
emergency response units in neighboring units of local
government as well as with State and Federal agencies;
(E) identify potential local targets of terrorism
and include specific response procedures for each
potential target;
(F) assess and address threats and outline
coordinated response procedures; and
(G) identify areas where additional training,
equipment, or other assistance is needed to implement
such procedures;
(2) prepare and issue reports to units of local government,
State legislatures, and Congress that include recommendations
for specific legislative action; and
(3) conduct public forums or other appropriate activities
to educate the public about--
(A) potential threats and steps the public can take
to prepare for them;
(B) the contents of the strategic response plans;
(C) how to communicate with authorities in the
event of an emergency;
(D) the location of safe public assembly areas or
other emergency shelters; and
(E) other appropriate information.
SEC. 5. STATE EMERGENCY MANAGEMENT COORDINATORS.
The Director of the Federal Emergency Management Agency shall
designate for each State a representative of the Federal Emergency
Management Agency to--
(1) advise and assist units of local government with the
development of strategic response plans;
(2) act as a liaison between units of local government and
the Federal Government; and
(3) coordinate the sharing of information about Federal
Government initiatives and protocol.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2002
$1,000,000,000 to carry out this Act. Such sums shall remain available
until expended.
SEC. 7. FIREFIGHTER COUNTERTERRORISM GRANTS.
(a) Grants for Counterterrorism Training.--Section 33(b)(3) of the
Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229(b)(3))
is amended--
(1) in subparagraph (M) by striking ``or'' at the end;
(2) in subparagraph (N) by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(O) to fund counterterrorism training and provide
related equipment.''.
(b) Special Rule.--Section 33(b)(6) of such Act (15 U.S.C.
2229(b)(6)) is amended by adding at the end the following new
subparagraph:
``(C) Exemption.--This paragraph shall not apply to
grants that are made exclusively for the purposes
described in paragraph (3)(O).''.
(c) Authorization of Appropriations.--Section 33 of such Act (15
U.S.C. 2229) is amended by adding at the end the following new
subsection:
``(f) Authorization for Counterterrorism Programs.--In addition to
amounts authorized under subsection (e), there are authorized to be
appropriated for fiscal year 2002 $250,000,000 for grants to be used
exclusively for the purposes described in subsection (b)(3)(O). Such
sums shall remain available until expended.''.
SEC. 8. LAW ENFORCEMENT COUNTERTERRORISM GRANTS.
(a) Grants for Counterterrorism Training.--Section 1701(b)(1) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd(b)(1)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) provide counterterrorism training and related
equipment.''.
(b) Special Rule.--Section 1701(i) of such Act (42 U.S.C.
3796dd(i)) is amended by adding at the end ``This subsection shall not
apply to grants that are made exclusively for the purposes described in
subsection (b)(1)(D).''.
(c) Authorization of Appropriations.--Section 1001(a)(11) of such
Act (42 U.S.C. 3793(a)(11)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (C);
and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) In addition to the amounts authorized under subparagraph (A),
there are authorized to be appropriated for fiscal year 2002
$250,000,000 for grants to be used exclusively for the purposes
described in section 1701(b)(1)(D). Such sums shall remain available
until expended. Subparagraph (C) shall not apply to such sums.''. | Municipal Preparation and Strategic Response Act - Requires the Director of the Federal Emergency Management Agency (FEMA) to make grants to local governments and emergency response units for use for: (1) developing strategic response plans that provide for a unified, coordinated response to a terrorist attack or other catastrophe; (2) preparing and issuing reports to local governments, State legislatures, and Congress; and (3) conducting public forums or other appropriate activities to educate the public about potential threats and steps they can take to prepare for them, the contents of such plans, how to communicate with authorities in an emergency; and emergency shelters.Requires the Director to designate for each State a FEMA representative to: (1) assist local governments with the development of strategic response plans; (2) act as a liaison between such governments and the Federal Government; and (3) coordinate the sharing of information about Government initiatives and protocol.Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Director to make grants to fire departments, and amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to States, local governments, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia thereof, to fund counterterrorism training and provide related equipment. Exempts such grants from matching requirements. | {"src": "billsum_train", "title": "To direct the Director of the Federal Emergency Management Agency to provide grants to local governments and emergency response units to develop plans for a clearly defined and coordinated response to emergencies, and to provide grants to police and fire departments for counterterrorism training."} | 1,545 | 283 | 0.62731 | 1.829347 | 0.838833 | 3.621622 | 5.312741 | 0.888031 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Commission on the Year 2000
Computer Problem Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(a) The Congress of the United States recognizes the
existence of a severe computer problem that may have extreme
negative economic and national security consequences in the
year 2000 and beyond.
(b) Most computer programs (particularly in mainframes) in
both the public and private sector express dates with only two
digits and assume the first two digits are ``19'', and that
therefore most programs read 00-01-01 as January 1, 1900; and
that these programs will not recognize the year 2000 or the
21st century without a massive rewriting of codes.
(c) The Congressional Research Service (CRS) has completed
a report on the implications of the ``Year 2000 Computer
Problem'' and according to CRS, each line of computer code will
need to be analyzed and either passed on or be rewritten and
this worldwide problem could cost as much as $600 billion to
repair. We recognize that no small share of the American burden
will fall on the shoulders of the Federal Government and on
State and local governments.
(d) Six issues need to be addressed:
(1) An analysis of the history and background
concerning the reasons for the occurance of the Year
2000 problem.
(2) The cost of reviewing and rewriting codes for
both the Federal and State Governments over the next
three years, including a legal analysis of
responsibilities for such costs and possible equitable
bases for sharing them.
(3) The time it will take to get the job done and,
if not by 2000, what agencies are at risk of not being
able to perform basic services.
(4) The development of balanced and sound contracts
with the computer industry available for use by Federal
agencies, and if such outside contractual assistance is
needed, to assist such agencies in contracting for and
effectuating Year 2000 compliance for current computer
programs and systems as well to ensure Year 2000
compliance for all programs and systems acquired in the
future.
(5) An analysis of what happens to the United
States economy if the problem is not resolved by mid-
1999.
(6) Recommendations to the President and the
Congress concerning lessons to be learned and policies
and actions to be taken in the future to minimize the
Year 2000 public and private sector costs and risks.
(e) The Congress recognizes that an Executive Branch
Interagency Committee has been established to raise awareness
of this problem and facilitate efforts at solving it; but that
in order to best minimize the impact and cost of this problem,
and recognizing the extreme urgency of this problem, this
bipartisan commission will be established to both address these
issues and take responsibility for assuring that all Federal
agencies be computer compliant by January 1, 1999.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) There is established a commission to be known as the ``National
Commission on the Year 2000 Computer Problem'' (hereinafter in this
section referred to as the ``Commission''). The Commission shall be
composed of fifteen members appointed or designated by the President
and selected as follows:
(1) Five members selected by the President from among
officers or employees of the Executive Branch, private citizens
of the United States, or both. Not more than three of the
members selected by the President shall be members of the same
political party.
(2) Five members selected by the President Pro Tempore of
the Senate, in consultation with the majority and minority
leaders, from among officers or employers of the Senate,
private citizens of the United States, or both. Not more than
three of the members selected by the President Pro Tempore
shall be members of the same political party.
(3) Five members selected by the Speaker of the House of
Representatives, in consultation with the majority and minority
leaders, from among Members of the House, private citizens of
the United States, or both. Not more than three of the members
selected by the Speaker shall be members of the same political
party.
(b) The President shall designate a Chairman from among the members
of the Commission.
SEC. 4. FUNCTION OF COMMISSION.
(a) It shall be the function of the Commission to conduct a study
on the historical, current and long term condition of computer programs
as they relate to date fields and the year 2000; identify problems that
threaten the proper functions of computers as the public and private
sectors approach the 21st Century; analyze potential solutions to such
problems that will address the brief time there remains to meet this
problem, the substantial cost of reviewing and rewriting codes, and the
shared responsibilities for such costs; and provide appropriate
recommendations (including potential balanced and sound contracts with
the computer industry available for use by Federal agencies) to the
Secretary of the Defense (as this is a matter of National Security),
the President and the Congress.
(B) The Commission shall submit to Congress a final report
containing such recommendations concerning the Year 2000 Computer
problem; including proposing new procedures, rules, regulations, or
legislation that is needed to ensure the proper transition of the
computers of the Federal Government and local and State governments
from the year 1999 to the year 2000.
(C) The Commission shall make its report to the President by
December 31, 1997.
SEC. 5. ADMINISTRATION.
(a) The heads of Executive Agencies shall, to the extent permitted
by law, provide the Commission such information as it may require for
the purpose of carrying out its functions.
(b) Members of the Commission shall serve without any additional
compensation for their work on the Commission.
(c) Travel Expenses.--While away from their homes or regular places
of business in the performance of services for the Commission, members
of the Commission shall be allowed travel expenses including per diem
in lieu of substance, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
(d) The Commission shall have a staff headed by an Executive
Director. Any expenses of the Commission shall be paid from such funds
as may be available to the Secretary of Defense.
SEC. 6. TERMINATION.
(a) The Commission, and all the authorities of this title, shall
terminate thirty days after submitting its report. | Commission on the Year 2000 Computer Problem Act - Establishes the National Commission on the Year 2000 Computer Problem to identify problems and recommend possible solutions with respect to the proper transition of private and public sector computers from the year 1999 to the year 2000. | {"src": "billsum_train", "title": "Commission on the Year 2000 Computer Problem Act"} | 1,326 | 51 | 0.489996 | 1.391655 | 1.04061 | 4.468085 | 28.659574 | 0.93617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricanes Rita and Wilma Financial
Services Relief Act of 2005''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Appropriate federal banking agency.--The term
``appropriate Federal banking agency'' has the same meaning as
in section 3 of the Federal Deposit Insurance Act.
(2) Insured credit union.--The term ``insured credit
union'' has the same meaning as in section 101 of the Federal
Credit Union Act.
(3) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
(4) Qualified disaster area.--The term ``qualified disaster
area'' means--
(A) any area within Louisiana or Texas in which the
President, pursuant to section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act,
has determined, on or after September 24, 2005, that a
major disaster exists due to Hurricane Rita; and
(B) any area within Florida in which the President,
pursuant to section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, has
determined, on or after October 22, 2005, that a major
disaster exists due to Hurricane Wilma.
SEC. 3. SENSE OF THE CONGRESS ON CASHING OF GOVERNMENT CHECKS.
It is the sense of the Congress that--
(1) it is vital that insured depository institutions and
insured credit unions continue to provide financial services to
consumers displaced or otherwise affected by Hurricane Rita or
Hurricane Wilma, which includes the cashing of Federal
government assistance and benefit checks;
(2) the Secretary of the Treasury and the Federal financial
regulators should seek to educate insured depository
institutions and insured credit unions on the proper
application of the guidance issued by the Secretary on cashing
of Federal government assistance and benefit checks and
published in the Federal Register while such guidance is in
effect; and
(3) the Federal financial regulators should continue to
work with the insured depository institutions and insured
credit unions operating under extraordinary circumstances to
facilitate the cashing of Federal government assistance and
benefit checks.
SEC. 4. WAIVER OF FEDERAL RESERVE BOARD FEES FOR CERTAIN SERVICES.
Notwithstanding section 11A of the Federal Reserve Act or any other
provision of law, during the effective period of this section, a
Federal reserve bank shall waive or rebate any transaction fee for wire
transfer services that otherwise would be imposed on any insured
depository institution or insured credit union that--
(1) as of September 24, 2005, was headquartered in a
qualified disaster area described in section 2(4)(A); or
(2) as of October 22, 2005, was headquartered in a
qualified disaster area described in section 2(4)(B).
SEC. 5. FLEXIBILITY IN CAPITAL AND NET WORTH STANDARDS FOR AFFECTED
INSTITUTIONS.
(a) In General.--Notwithstanding section 38 of the Federal Deposit
Insurance Act, section 216 of the Federal Credit Union Act, or any
other provision of Federal law, during the 18-month period beginning on
the date of enactment of this Act, the appropriate Federal banking
agency and the National Credit Union Administration may forbear from
taking any action required under any such section or provision, on a
case-by-case basis, with respect to any undercapitalized insured
depository institution or undercapitalized insured credit union that is
not significantly or critically undercapitalized, if such agency or
Administration determines that--
(1) the insured depository institution or insured credit
union derives more than 50 percent of its total deposits from
persons who normally reside within, or whose principal place of
business is normally within, a qualified disaster area;
(2) the insured depository institution or insured credit
union was at least adequately capitalized as of--
(A) September 24, 2005, if the qualified disaster
area referred to in paragraph (1) with respect to such
depository institution or credit union is the qualified
disaster area described in section 2(4)(A); or
(B) October 22, 2005, if the qualified disaster
area referred to in paragraph (1) with respect to such
depository institution or credit union is the qualified
disaster area described in section 2(4)(B);
(3) the reduction in the capital or net worth category of
the insured depository institution or insured credit union is
directly attributable to the impact of Hurricane Rita or
Hurricane Wilma, as applicable; and
(4) forbearance from any such action--
(A) would facilitate the recovery of the insured
depository institution or insured credit union from the
disaster in accordance with a recovery plan or a
capital or net worth restoration plan established by
such depository institution or credit union; and
(B) would be consistent with safe and sound
practices.
(b) Capital and Net Worth Categories Defined.--For purposes of this
section, the terms relating to capital categories for insured
depository institutions have the same meaning as in section 38(b)(1) of
the Federal Deposit Insurance Act and the terms relating to net worth
categories for insured credit unions have the same meaning as in
section 216(c)(1) of the Federal Credit Union Act.
SEC. 6. DEPOSIT OF INSURANCE PROCEEDS.
(a) In General.--The appropriate Federal banking agency and the
National Credit Union Administration may, by order, permit an insured
depository institution or insured credit union, during the 18-month
period beginning on the date of enactment of this Act, to subtract from
such institution's or credit union's total assets in calculating
compliance with the leverage limit, applicable under section 38 of the
Federal Deposit Insurance Act or section 216(c)(2) of the Federal
Credit Union Act with respect to such insured depository institution or
insured credit union, an amount not exceeding the qualifying amount
attributable to insurance proceeds, if the agency or Administration
determines that--
(1) such institution or credit union--
(A) derives more than 50 percent of its total
deposits from persons who normally reside within, or
whose principal place of business is normally within, a
qualified disaster area;
(B) was at least adequately capitalized as of--
(i) September 24, 2005, if the qualified
disaster area referred to in subparagraph (A)
with respect to such depository institution or
credit union is the qualified disaster area
described in section 2(4)(A);
(ii) October 22, 2005, if the qualified
disaster area referred to in subparagraph (A)
with respect to such depository institution or
credit union is the qualified disaster area
described in section 2(4)(B); and
(C) has an acceptable plan for managing the
increase in its total assets and total deposits; and
(2) the subtraction is consistent with the purpose of
section 38 of the Federal Deposit Insurance Act, in the case of
an insured depository institution, and section 216 of the
Federal Credit Union Act, in the case of an insured credit
union.
(b) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Leverage limit.--The term ``leverage limit''--
(A) with respect to an insured depository
institution, has the same meaning as in section 38 of
the Federal Deposit Insurance Act; and
(B) with respect to an insured credit union, means
the net worth ratio that corresponds to the leverage
limit, as established in accordance with section
216(c)(2).
(2) Qualifying amount attributable to insurance proceeds.--
The term ``qualifying amount attributable to insurance
proceeds'' means the amount (if any) by which the institution's
or credit union's total assets exceed the institution's or
credit union's average total assets during the calendar quarter
ending before the date of the earliest Presidential
determination referred to in section 2(4), because of the
deposit of insurance payments or governmental assistance,
including government disaster relief payments, made with
respect to damage caused by, or other costs resulting from, the
major disaster within a qualified disaster area.
SEC. 7. EFFECTIVE PERIOD.
(a) In General.--Except as provided in sections 3(2), 5(a), and
6(a) and subject to subsection (b), the provisions of this Act shall
not apply after the end of the 180-day period beginning on the date of
the enactment of this Act.
(b) 30-Day Extension Authorized.--With respect to the provisions of
section 4, the 180-day period referred to in subsection (a) may be
extended for 1 additional 30-day period upon a determination by the
Board of Governors of the Federal Reserve System that such extension is
appropriate to achieve the purposes of this Act. | Hurricanes Rita and Wilma Financial Services Relief Act of 2005 - Expresses the sense of Congress that it is vital that insured depository institutions and insured credit unions continue to provide financial services to consumers displaced or otherwise affected by Hurricane Rita or Wilma, which includes the cashing of federal government assistance and benefit checks.
Urges the Secretary of the Treasury and federal financial regulators to seek to educate insured depository institutions and insured credit unions on the proper application of the published guidance on the cashing of such checks.
Urges the federal financial regulators to continue to work with such institutions and credit unions operating under extraordinary circumstances to facilitate the cashing of such checks.
Requires a federal reserve bank to waive or rebate any transaction fee for wire transfer services that otherwise would be imposed on any insured depository institution or insured credit union that, as of September 24, 2005, or October 22, 2005, was headquartered in a specified qualified disaster area.
Authorizes a federal financial regulator to forbear from taking any required action, on a case-by-case basis, with respect to any undercapitalized insured depository institution or credit union that is not significantly or critically undercapitalized, if the entity meets specified prerequisites, and the reduction in its capital or net worth category is directly attributable to the impact of Hurricane Rita or Hurricane Wilma.
Authorizes a federal financial regulator to permit an insured depository institution or credit union to subtract specified amounts from its total assets in calculating compliance with the applicable leverage limit if it meets specified prerequisites and has an acceptable plan for managing the increase in its total assets and deposits.
Identifies such an insured depository institution or credit union as one that: (1) derives more than 50% of its total deposits from persons who normally reside within, or whose principal place of business is normally within, a qualified disaster area; and (2) was adequately capitalized as of September 24, 2005, or October 22, 2005. | {"src": "billsum_train", "title": "To facilitate recovery from the effects of Hurricane Rita and Hurricane Wilma by providing greater flexibility for, and temporary waivers of certain requirements and fees imposed on, depository institutions, credit unions, and Federal regulatory agencies, and for other purposes."} | 1,898 | 420 | 0.719262 | 2.338048 | 0.869361 | 5.306233 | 4.775068 | 0.943089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pennsylvania Battlefields Protection
Act of 1999''.
TITLE I--PAOLI AND BRANDYWINE BATTLEFIELDS
SEC. 101. PAOLI BATTLEFIELD PROTECTION.
(a) Paoli Battlefield.--The Secretary of the Interior (hereinafter
referred to as the ``Secretary'') is authorized to provide funds to the
borough of Malvern, Pennsylvania, for the acquisition of the area known
as the ``Paoli Battlefield'', located in the borough of Malvern,
Pennsylvania, as generally depicted on the map entitled ``Paoli
Battlefield'' numbered 80,000 and dated April 1999 (referred to in this
title as the ``Paoli Battlefield''). The map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
(b) Cooperative Agreement and Technical Assistance.--The Secretary
shall enter into a cooperative agreement with the borough of Malvern,
Pennsylvania, for the management by the borough of the Paoli
Battlefield. The Secretary may provide technical assistance to the
borough of Malvern to assure the preservation and interpretation of the
Paoli Battlefield's resources.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $1,250,000 to carry out this section. Such funds shall be
expended in the ratio of one dollar of Federal funds for each dollar of
funds contributed by non-Federal sources. Any funds provided by the
Secretary shall be subject to an agreement that provides for the
protection of the Paoli Battlefield's resources.
SEC. 102. BRANDYWINE BATTLEFIELD PROTECTION.
(a) Brandywine Battlefield.--
(1) In general.--The Secretary is authorized to provide funds
to the Commonwealth of Pennsylvania, a political subdivision of the
Commonwealth, or the Brandywine Conservancy, for the acquisition,
protection, and preservation of land in an area generally known as
the Meetinghouse Road Corridor, located in Chester County,
Pennsylvania, as depicted on a map entitled ``Brandywine
Battlefield--Meetinghouse Road Corridor'', numbered 80,000 and
dated April 1999 (referred to in this title as the ``Brandywine
Battlefield''). The map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
(2) Willing sellers or donors.--Lands and interests in land may
be acquired pursuant to this section only with the consent of the
owner thereof.
(b) Cooperative Agreement and Technical Assistance.--The Secretary
shall enter into a cooperative agreement with the same entity that is
provided funds under subsection (a) for the management by the entity of
the Brandywine Battlefield. The Secretary may also provide technical
assistance to the entity to assure the preservation and interpretation
of the Brandywine Battlefield's resources.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 to carry out this section. Such funds shall be
expended in the ratio of one dollar of Federal funds for each dollar of
funds contributed by non-Federal sources. Any funds provided by the
Secretary shall be subject to an agreement that provides for the
protection of the Brandywine Battlefield's resources.
TITLE II--VALLEY FORGE NATIONAL HISTORICAL PARK
SEC. 201. PURPOSE.
The purpose of this title is to authorize the Secretary of the
Interior to enter into an agreement with the Valley Forge Historical
Society (hereinafter referred to as the ``Society''), to construct and
operate a museum within the boundary of Valley Forge National
Historical Park in cooperation with the Secretary.
SEC. 202. VALLEY FORGE MUSEUM OF THE AMERICAN REVOLUTION AUTHORIZATION.
(a) Agreement Authorized.--The Secretary of the Interior, in
administering the Valley Forge National Historical Park, is authorized
to enter into an agreement under appropriate terms and conditions with
the Society to facilitate the planning, construction, and operation of
the Valley Forge Museum of the American Revolution on Federal land
within the boundary of Valley Forge National Historical Park.
(b) Contents and Implementation of Agreement.--An agreement entered
into under subsection (a) shall--
(1) authorize the Society to develop and operate the museum
pursuant to plans developed by the Secretary and to provide at the
museum appropriate and necessary programs and services to visitors
to Valley Forge National Historical Park related to the story of
Valley Forge and the American Revolution;
(2) only be carried out in a manner consistent with the General
Management Plan and other plans for the preservation and
interpretation of the resources and values of Valley Forge National
Historical Park;
(3) authorize the Secretary to undertake at the museum
activities related to the management of Valley Forge National
Historical Park, including, but not limited to, provision of
appropriate visitor information and interpretive facilities and
programs related to Valley Forge National Historical Park;
(4) authorize the Society, acting as a private nonprofit
organization, to engage in activities appropriate for operation of
the museum that may include, but are not limited to, charging
appropriate fees, conducting events, and selling merchandise,
tickets, and food to visitors to the museum;
(5) provide that the Society's revenues from the museum's
facilities and services shall be used to offset the expenses of the
museum's operation; and
(6) authorize the Society to occupy the museum so constructed
for the term specified in the Agreement and subject to the
following terms and conditions:
(A) The conveyance by the Society to the United States of
all right, title, and interest in the museum to be constructed
at Valley Forge National Historical Park.
(B) The Society's right to occupy and use the museum shall
be for the exhibition, preservation, and interpretation of
artifacts associated with the Valley Forge story and the
American Revolution, to enhance the visitor experience of
Valley Forge National Historical Park, and to conduct
appropriately related activities of the Society consistent with
its mission and with the purposes for which the Valley Forge
National Historical Park was established. Such right shall not
be transferred or conveyed without the express consent of the
Secretary.
(C) Any other terms and conditions the Secretary determines
to be necessary.
SEC. 203. PRESERVATION AND PROTECTION.
Nothing in this title authorizes the Secretary or the Society to
take any actions in derogation of the preservation and protection of
the values and resources of Valley Forge National Historical Park. An
agreement entered into under section 202 shall be construed and
implemented in light of the high public value and integrity of the
Valley Forge National Historical Park and the National Park System.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | TABLE OF CONTENTS: Title I: Paoli and Brandywine Battlefields Title II: Valley Forge National Historical Park Pennsylvania Battlefields Protection Act of 1999 - Title I: Paoli and Brandywine Battlefields - Authorizes the Secretary of the Interior to provide funds to, and enter into a cooperative management agreement with, the borough of Malvern, Pennsylvania, for the protection and preservation of the Paoli Battlefield. Authorizes appropriations. Authorizes the Secretary to provide funds to, and enter into a cooperative management agreement with, the Commonwealth of Pennsylvania, a political subdivision of the Commonwealth, or the Brandywine Conservancy, for the protection and preservation of the Brandywine Battlefield in an area generally known as the Meetinghouse Road Corridor, located in Chester County, Pennsylvania. States that interests in land shall be acquired only from willing sellers or donors. Authorizes appropriations. Title II: Valley Forge National Historical Park - Authorizes the Secretary, in administering the Valley Forge National Historical Park, to enter into an agreement with the Valley Forge Historical Society to facilitate the planning, construction, and operation of the Valley Forge Museum of the American Revolution on Federal land within the boundary of Valley Forge National Historical Park. Requires the agreement to provide for conveyance by the Society to the United States of all right, title, and interest in the structures to be constructed at the Park, reserving the Society's right to occupy and use them for the exhibition, preservation, and interpretation of artifacts associated with the Valley Forge story and the American Revolution. | {"src": "billsum_train", "title": "Pennsylvania Battlefields Protection Act of 1999"} | 1,509 | 354 | 0.725184 | 2.229787 | 0.804317 | 5.635088 | 4.659649 | 0.954386 |
SECTION 1. PROLIFERATOR DESUBSIDIZATION.
(a) Annual Report.--The Director of Central Intelligence shall
submit an annual report to the Members of Congress specified in
subsection (f) containing the information described in subsection (b).
The first such report shall be submitted not later than 30 days after
the date of the enactment of this Act and subsequent reports shall be
submitted annually thereafter. Each such report shall be submitted in
classified form.
(b) Identification of Foreign Entities Transferring Items or
Technologies.--Each report shall identify each covered entity which
during the preceding 2 years transferred a controlled item to another
entity for use in any of the following:
(1) A missile project of concern (as determined by the
Director of Central Intelligence).
(2) Activities to develop, produce, stockpile, or deliver
chemical or biological weapons.
(3) Nuclear activities in countries that do not maintain
full scope International Atomic Energy Agency safeguards or
equivalent full scope safeguards.
(c) Prohibition of Subsidies for Proliferator Entities.--Subject to
subsection (d), the following shall be applicable with respect to each
entity identified in the most recent report under subsection (a):
(1) The Export-Import Bank of the United States may not
issue any guarantee, insurance, or extension of credit, or
approve any participation in an extension of credit, that would
be used to conduct business with that entity.
(2) The Overseas Private Investment Corporation may not
issue any insurance, reinsurance, or guarantee, or provide any
financing, that would be used to conduct business with that
entity.
(3) No license may be approved for the transfer to that
entity of--
(A) any controlled item;
(B) any other item for which a validated license is
required under section 5, 6(l), or 6(m) of the Export
Administration Act of 1979 or for which a validated
license is required under that Act pursuant to section
309(c) of the Nuclear Non-Proliferation Act of 1978;
(C) any other item on the United States Munitions
List; or
(D) any other item controlled for export under the
Atomic Energy Act of 1954.
(4) The Secretary of Energy may not approve a request under
section 57b.(2) of the Atomic Energy Act of 1954 to engage,
directly or indirectly, in the production of special nuclear
material by that entity.
(d) Removal of Prohibition.--The prohibition under subsection (c)
shall cease to apply with respect to an entity if the Director of
Central Intelligence submits a certification in writing to the Members
of Congress specified in subsection (f) that the entity has ceased to
make transfers described in subsection (b) and is unlikely to resume
such transfers.
(e) Definitions.--For the purposes of this section:
(1) Controlled item.--(A) The term ``controlled item''
means any of the following items (including technology):
(i) Any item on the MTCR Annex.
(ii) An item listed for control by the Australia
Group.
(iii) Any item listed for control by the Nuclear
Suppliers Group.
(B) Australia group.--The term ``Australia Group'' means
the multilateral regime in which the United States participates
that seeks to prevent the proliferation of chemical and
biological weapons.
(C) MTCR annex.--The term ``MTCR Annex'' has the meaning
given that term in section 74 of the Arms Export Control Act
(22 U.S.C. 2797c).
(D) Nuclear suppliers' group.--The term ``Nuclear
Suppliers' Group'' means the multilateral arrangement in which
the United States participates whose purpose is to restrict the
transfers of items with relevance to the nuclear fuel cycle or
nuclear explosive applications.
(2) Covered entity.--The term ``covered entity'' means a
foreign person, corporation, business association, partnership,
society, trust, or other nongovernmental organization or group
or any government entity operating as a business. Such term
includes any successor to any such entity.
(3) Missile project.--(A) The term ``missile project''
means a project or facility for the design, development, or
manufacture of a missile.
(B) The term ``missile'' has the meaning given that term in
section 74 of the Arms Export Control Act (22 U.S.C. 2797c).
(f) Specified Members of Congress.--The Members of Congress
referred to in this subsection are the following:
(1) The chairman and ranking minority party member of the
following committees of the House of Representatives: the
Committee on International Relations, the Committee on National
Security, the Permanent Select Committee on Intelligence, and
the Committee on Appropriations.
(2) The chairman and ranking minority party member of the
following committees of the Senate: the Committee on Foreign
Relations, the Committee on Armed Services, the Select
Committee on Intelligence, the Committee on Appropriations, and
the Committee on Governmental Affairs. | Requires the Director of Central Intelligence (DCI) to submit to the chairmen and ranking minority members of specified congressional committees an annual report identifying each foreign entity which, during the preceding two years, transferred a controlled item (any of certain items listed on nuclear supplies lists or chemical or biological weapons) to another entity for: (1) a missile project of concern; (2) activities to develop, produce, stockpile, or deliver chemical or biological weapons; or (3) nuclear activities in countries that do not maintain full International Atomic Energy Agency safeguards or equivalent full scope safeguards.
Prohibits certain economic and export subsidies with respect to identified countries. Waives such prohibition if the DCI certifies to such members that the entity has ceased to make such transfers and is unlikely to resume doing so. | {"src": "billsum_train", "title": "To end American subsidization of entities contributing to weapons proliferation."} | 1,095 | 172 | 0.555317 | 1.73459 | 0.754398 | 4.167742 | 6.522581 | 0.890323 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vehicle Damage Disclosure and
Consumer Protection Act of 1993''.
SEC. 2. PURPOSE.
Section 401 of the Motor Vehicle Information and Cost Savings Act
(15 U.S.C. 1981) is amended by inserting after the second sentence the
following new sentences: ``It is also the purpose of this title to
protect purchasers with respect to motor vehicles for which States have
previously issued a title brand indicating prior damage. It is further
the purpose of this title to protect purchasers with respect to motor
vehicles which have been repurchased, replaced, or reacquired under a
State lemon law.''.
SEC. 3. DEFINITIONS.
Section 402 of the Motor Vehicle Information and Cost Savings Act
(15 U.S.C. 1982) is amended by adding at the end the following new
paragraphs:
``(9) The term `manufacturer buyback vehicle' means a motor
vehicle that has been repurchased, replaced, or reacquired
pursuant to a State lemon law.
``(10) The term `State lemon law' means a State law
requiring that a motor vehicle manufacturer, distributor, or
dealer repurchase, replace, or reacquire a new motor vehicle
due to a nonconformity in materials or workmanship that renders
the vehicle unfit for ordinary use or reasonably intended
purposes.''.
SEC. 4. DISCLOSURE REQUIREMENTS UPON TRANSFER OF OWNERSHIP OF A MOTOR
VEHICLE.
Section 408 of the Motor Vehicle Information and Cost Savings Act
(15 U.S.C. 1988) is amended by adding at the end the following new
subsection:
``(h)(1) Any motor vehicle the ownership of which is transferred
may not be licensed for use in any State unless the State discloses on
the title whether records readily accessible to it indicate--
``(A) whether the vehicle was previously issued a title
that bore any word or symbol signifying that the vehicle was
`salvage', `junk', `reconstructed', or `rebuilt', that it has
been damaged by flood, or that it was a manufacturer buyback
vehicle, and
``(B) if it was issued such a title, which State first
issued such a title.
``(2) The Secretary shall--
``(A) not later than 90 days after the date of enactment of
the Vehicle Damage Disclosure and Consumer Protection Act of
1993, prescribe by rule the manner in which, and the date by
which, a State shall disclose the information described in
paragraph (1)(A) and the manner in which such information shall
be retained.
``(B) not later than 12 months after such date of
enactment, in consultation with the task force established
under section 140(a) of the Anti Car Theft Act of 1992 (15
U.S.C. 2041 note), prescribe by rule uniform minimum standards
and procedures relating to the disclosure by a State on a
vehicle certificate of title that a vehicle has sustained
severe damage,
``(C) study and develop recommendations (in consultation,
to the extent practicable, with the task force described in
subparagraph (B)) concerning whether, in order to maximize
consumer protection, a disclosure of the dollar value of damage
to a motor vehicle should be included on all of its
certificates of title, at times of title transfer, in any case
in which the motor vehicle has neither been declared a total
loss by an insurer or vehicle owner nor had its title branded
with any word or symbol signifying that the vehicle was
`salvage', `junk', `reconstructed', or `rebuilt' or that it was
damaged by flood, and
``(D) not later than 12 months after the date of enactment
of the Vehicle Damage Disclosure and Consumer Protection Act of
1993, prescribe by rule the minimum requirements of form and
content for State certificates of title.''.
SEC. 5. DISCLOSURE OF MANUFACTURER BUYBACK VEHICLES.
(a) Study.--The Secretary of Transportation shall conduct a study
of the various means that may be required by Federal law for disclosing
to prospective purchasers that a motor vehicle is a manufacturer
buyback vehicle. The study shall include a consideration of the
advantages and disadvantages of each alternative, taking into account
the cost to the vehicle manufacturer, distributor, or dealer of
complying with such requirement and the effectiveness of the
requirement in informing purchasers.
(b) Means for Disclosure.--Among the means for disclosure that
shall be the subject of the study required by this section are the
following:
(1) A national uniform sticker, affixed to the windshield
of a motor vehicle prior to a purchaser's agreement to purchase
the vehicle, that States that the vehicle is a manufacturer
buyback vehicle.
(2) A national uniform consumer disclosure statement,
provided to any prospective purchaser before the purchase
agreement occurs, that--
(A) includes the motor vehicle make, model, year, vehicle
identification number, and any prior title numbers and prior
States of title; and
(B) discloses that the motor vehicle is (according to
records available to the State issuing the certificate of
title, including records from any State in which a certificate
of title has previously been issued for such motor vehicle) a
manufacturer buyback vehicle.
(c) Report to Congress.--The Secretary of Transportation shall, not
later than 6 months after the date of enactment of this Act, report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives on the results of the study required by this section.
(d) Definitions.--The terms ``manufacturer buyback vehicle'',
``dealer'', and ``distributor'' have the meanings those terms have
under section 402 of the Motor Vehicle Information and Cost Savings Act
(15 U.S.C. 1988), as amended by this Act.
Passed the Senate November 20 (legislative day, November
2), 1993.
Attest:
WALTER J. STEWART,
Secretary. | Vehicle Damage Disclosure and Consumer Protection Act of 1993 - Amends the Motor Vehicle Information and Cost Savings Act to prohibit a State from licensing a motor vehicle upon the transfer of its ownership unless the title discloses: (1) whether the vehicle was previously issued a title indicating the car had been "rebuilt" or was "salvage" or "junk," was a manufacturer buyback vehicle, or had sustained flood damage; and (2) the State which issued the previous title.
Directs the Secretary of Transportation to study the various means that may be required by Federal law for disclosing to purchasers that a motor vehicle is a manufacturer buyback vehicle. | {"src": "billsum_train", "title": "Vehicle Damage Disclosure and Consumer Protection Act of 1993"} | 1,376 | 141 | 0.632656 | 1.946557 | 0.605975 | 4.208 | 9.824 | 0.896 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lackawanna Valley Heritage Area Act
of 1998''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The industrial and cultural heritage of northeastern
Pennsylvania inclusive of Lackawanna, Luzerne, Wayne, and
Susquehanna counties, related directly to anthracite and
anthracite-related industries, is nationally significant, as
documented in the United States Department of the Interior-
National Parks Service, National Register of Historic Places,
Multiple Property Documentation submittal of the Pennsylvania
Historic and Museum Commission (1996).
(2) These industries include anthracite mining, ironmaking,
textiles, and rail transportation.
(3) The industrial and cultural heritage of the anthracite
and related industries in this region includes the social
history and living cultural traditions of the people of the
region.
(4) The labor movement of the region played a significant
role in the development of the Nation including the formation
of many key unions such as the United Mine Workers of America,
and crucial struggles to improve wages and working conditions,
such as the 1900 and 1902 anthracite strikes.
(5) The Department of the Interior is responsible for
protecting the Nation's cultural and historic resources, and
there are significant examples of these resources within this
4-county region to merit the involvement of the Federal
Government to develop programs and projects, in cooperation
with the Lackawanna Heritage Valley Authority, the Commonwealth
of Pennsylvania, and other local and governmental bodies, to
adequately conserve, protect, and interpret this heritage for
future generations, while providing opportunities for education
and revitalization.
(6) The Lackawanna Heritage Valley Authority would be an
appropriate management entity for a Heritage Area established
in the region.
(b) Purpose.--The objectives of the Lackawanna Heritage Valley
American Heritage Area are as follows:
(1) To foster a close working relationship with all levels
of government, the private sector, and the local communities in
the anthracite coal region of northeastern Pennsylvania and
empower the communities to conserve their heritage while
continuing to pursue economic opportunities.
(2) To conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the 4-county region of
northeastern Pennsylvania.
SEC. 3. LACKAWANNA HERITAGE VALLEY AMERICAN HERITAGE AREA.
(a) Establishment.--There is hereby established the Lackawanna
Heritage Valley American Heritage Area (in this Act referred to as the
``Heritage Area'').
(b) Boundaries.--The Heritage Area shall be comprised of all or
parts of the counties of Lackawanna, Luzerne, Wayne, and Susquehanna in
Pennsylvania, determined pursuant to the compact under section 4.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Lackawanna Heritage Valley Authority.
SEC. 4. COMPACT.
To carry out the purposes of this Act, the Secretary of the
Interior (in this Act referred to as the ``Secretary'') shall enter
into a compact with the management entity. The compact shall include
information relating to the objectives and management of the area,
including each of the following:
(1) A delineation of the boundaries of the Heritage Area.
(2) A discussion of the goals and objectives of the
Heritage Area, including an explanation of the proposed
approach to conservation and interpretation and a general
outline of the protection measures committed to by the
partners.
SEC. 5. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity
may, for purposes of preparing and implementing the management plan
developed under subsection (b), use funds made available through this
Act for the following:
(1) To make loans and grants to, and enter into cooperative
agreements with States and their political subdivisions,
private organizations, or any person.
(2) To hire and compensate staff.
(b) Management Plan.--The management entity shall develop a
management plan for the Heritage Area that presents comprehensive
recommendations for the Heritage Area's conservation, funding,
management, and development. Such plan shall take into consideration
existing State, county, and local plans and involve residents, public
agencies, and private organizations working in the Heritage Area. It
shall include actions to be undertaken by units of government and
private organizations to protect the resources of the Heritage Area. It
shall specify the existing and potential sources of funding to protect,
manage, and develop the Heritage Area. Such plan shall include, as
appropriate, the following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area
that is related to the themes of the Heritage Area and that
should be preserved, restored, managed, developed, or
maintained because of its natural, cultural, historic,
recreational, or scenic significance.
(2) A recommendation of policies for resource management
which considers and details application of appropriate land and
water management techniques, including, but not limited to, the
development of intergovernmental cooperative agreements to
protect the Heritage Area's historical, cultural, recreational,
and natural resources in a manner consistent with supporting
appropriate and compatible economic viability.
(3) A program for implementation of the management plan by
the management entity, including plans for restoration and
construction, and specific commitments of the identified
partners for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of
this Act.
(5) An interpretation plan for the Heritage Area.
The management entity shall submit the management plan to the Secretary
for approval within 3 years after the date of enactment of this Act. If
a management plan is not submitted to the Secretary as required within
the specified time, the Heritage Area shall no longer qualify for
Federal funding.
(c) Duties of Management Entity.--The management entity shall--
(1) give priority to implementing actions set forth in the
compact and management plan, including steps to assist units of
government, regional planning organizations, and nonprofit
organizations in preserving the Heritage Area;
(2) assist units of government, regional planning
organizations, and nonprofit organizations in establishing and
maintaining interpretive exhibits in the Heritage Area; assist
units of government, regional planning organizations, and
nonprofit organizations in developing recreational resources in
the Heritage Area;
(3) assist units of government, regional planning
organizations, and nonprofit organizations in increasing public
awareness of and appreciation for the natural, historical, and
architectural resources and sites in the Heritage Area; assist
units of government, regional planning organizations and
nonprofit organizations in the restoration of any historic
building relating to the themes of the Heritage Area;
(4) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the plan;
encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the plan;
(5) assist units of government, regional planning
organizations, and nonprofit organizations to ensure that
clear, consistent, and environmentally appropriate signs
identifying access points and sites of interest are put in
place throughout the Heritage Area;
(6) consider the interests of diverse governmental,
business, and nonprofit groups within the Heritage Area;
(7) conduct public meetings at least quarterly regarding
the implementation of the management plan;
(8) submit substantial changes (including any increase of
more than 20 percent in the cost estimates for implementation)
to the management plan to the Secretary for the Secretary's
approval; for any year in which Federal funds have been received under
this Act, submit an annual report to the Secretary setting forth its
accomplishments, its expenses and income, and the entity to which any
loans and grants were made during the year for which the report is
made; and
(9) for any year in which Federal funds have been received
under this Act, make available for audit all records pertaining
to the expenditure of such funds and any matching funds, and
require, for all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving organizations
make available for audit all records pertaining to the
expenditure of such funds.
(d) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this Act to
acquire real property or an interest in real property. Nothing in this
Act shall preclude any management entity from using Federal funds from
other sources for their permitted purposes.
SEC. 6. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon request of the
management entity, provide technical and financial assistance
to the management entity to develop and implement the
management plan. In assisting the management entity, the
Secretary shall give priority to actions that in general assist
in--
(A) conserving the significant natural, historic,
and cultural resources which support its themes; and
(B) providing educational, interpretive, and
recreational opportunities consistent with its
resources and associated values.
(2) Spending for non-federally owned property.--The
Secretary may spend Federal funds directly on non-federally
owned property to further the purposes of this Act, especially
in assisting units of government in appropriate treatment of
districts, sites, buildings, structures, and objects listed or
eligible for listing on the National Register of Historic
Places. The Historic American Building Survey/Historic American
Engineering Record shall conduct those studies necessary to
document the industrial, engineering, building, and
architectural history of the region.
(b) Approval and Disapproval of Compacts and Management Plans.--The
Secretary, in consultation with the Governor of Pennsylvania, shall
approve or disapprove a compact or management plan submitted under this
Act not later than 90 days after receiving such compact or management
plan.
(c) Action Following Disapproval.--If the Secretary disapproves a
submitted compact or management plan, the Secretary shall advise the
management entity in writing of the reasons therefore and shall make
recommendations for revisions in the compact or plan. The Secretary
shall approve or disapprove a proposed revision within 90 days after
the date it is submitted.
(d) Approving Amendments.--The Secretary shall review substantial
amendments to the management plan for the Heritage Area. Funds
appropriated pursuant to this Act may not be expended to implement the
changes made by such amendments until the Secretary approves the
amendments.
SEC. 7. SUNSET.
The Secretary may not make any grant or provide any assistance
under this Act after September 30, 2012.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
Act not more than $1,000,000 for any fiscal year. Not more than a total
of $10,000,000 may be appropriated for the Heritage Area under this
Act.
(b) 50 Percent Match.--Federal funding provided under this Act,
after the designation of the Heritage Area, may not exceed 50 percent
of the total cost of any assistance or grant provided or authorized
under this Act. | Lackawanna Valley Heritage Area Act of 1998 - Establishes the Lackawanna Heritage Valley American Heritage Area, comprised of all or parts of four coal-producing counties in northeast Pennsylvania, to be managed by the Lackawanna Heritage Valley Authority.
Directs the Secretary of the Interior to enter into a management compact with the Authority to determine Area goals and objectives.
Directs the Authority to develop an Area management plan that presents comprehensive recommendations for the Area's conservation, funding, management, and development. Requires the plan to be submitted to the Secretary for approval within three years after the enactment of this Act. Outlines related management duties. Prohibits the Authority from using Federal funds to acquire real property under this Act. Provides for: (1) technical and financial assistance from the Secretary to the Authority to develop and implement the plan; (2) approval or disapproval of compacts and management plans; and (3) termination on September 30, 2012, of the Secretary's authority to make a grant or provide assistance under this Act.
Authorizes appropriations. Prohibits Federal funding for the Area from exceeding 50 percent of total costs. | {"src": "billsum_train", "title": "Lackawanna Valley Heritage Area Act of 1998"} | 2,340 | 244 | 0.582386 | 1.698849 | 0.844703 | 2.611872 | 10.420091 | 0.894977 |
SECTION 1. INCLUSION OF ADDITIONAL PORTION OF THE LITTLE SANDY RIVER
WATERSHED IN THE BULL RUN WATERSHED MANAGEMENT UNIT,
OREGON.
(a) In General.--Public Law 95-200 (16 U.S.C. 482b note) is amended
by striking section 1 and inserting the following:
``SECTION 1. ESTABLISHMENT OF SPECIAL RESOURCES MANAGEMENT UNIT;
DEFINITION OF SECRETARY.
``(a) Establishment.--
``(1) In general.--There is established, subject to valid
existing rights, a special resources management unit in the
State of Oregon comprising approximately 98,272 acres, as
depicted on a map dated May 2000, and entitled `Bull Run
Watershed Management Unit'.
``(2) Map.--The map described in paragraph (1) shall be on
file and available for public inspection in the offices of the
Regional Forester-Pacific Northwest Region, Forest Service,
Department of Agriculture, and in the offices of the State
Director, Bureau of Land Management, Department of the
Interior.
``(3) Boundary adjustments.--Minor adjustments in the
boundaries of the unit may be made from time to time by the
Secretary after consultation with the city and appropriate
public notice and hearings.
``(b) Definition of Secretary.--In this Act, the term `Secretary'
means--
``(1) with respect to land administered by the Secretary of
Agriculture, the Secretary of Agriculture; and
``(2) with respect to land administered by the Secretary of
the Interior, the Secretary of the Interior.''.
(b) Conforming and Technical Amendments.--
(1) Secretary.--Public Law 95-200 (16 U.S.C. 482b note) is
amended by striking ``Secretary of Agriculture'' each place it
appears (except subsection (b) of section 1, as added by
subsection (a), and except in the amendments made by paragraph
(2)) and inserting ``Secretary''.
(2) Applicable law.--
(A) In general.--Section 2(a) of Public Law 95-200
(16 U.S.C. 482b note) is amended by striking
``applicable to National Forest System lands'' and
inserting ``applicable to National Forest System land
(in the case of land administered by the Secretary of
Agriculture) or applicable to land under the
administrative jurisdiction of the Bureau of Land
Management (in the case of land administered by the
Secretary of the Interior)''.
(B) Management plans.--The first sentence of
section 2(c) of Public Law 95-200 (16 U.S.C. 482b note)
is amended--
(i) by striking ``subsection (a) and (b)''
and inserting ``subsections (a) and (b)''; and
(ii) by striking ``, through the
maintenance'' and inserting ``(in the case of
land administered by the Secretary of
Agriculture) or section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1712) (in the case of land administered by the
Secretary of the Interior), through the
maintenance''.
SEC. 2. MANAGEMENT.
(a) Timber Harvesting Restrictions.--Section 2(b) of Public Law 95-
200 (16 U.S.C. 482b note) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--Subject to paragraph (2), the Secretary
shall prohibit the cutting of trees on Federal land in the
entire unit, as designated in section 1 and depicted on the map
referred to in that section.''.
(b) Repeal of Management Exception.--The Oregon Resource
Conservation Act of 1996 (division B of Public Law 104-208) is amended
by striking section 606 (110 Stat. 3009-543).
(c) Repeal of Duplicative Enactment.--Section 1026 of division I of
the Omnibus Parks and Public Lands Management Act of 1996 (Public Law
104-333; 110 Stat. 4228) and the amendments made by that section are
repealed.
(d) Water Rights.--Nothing in this section strengthens, diminishes,
or has any other effect on water rights held by any person or entity.
SEC. 3. LAND RECLASSIFICATION.
(a) Within 6 months of the date of enactment of this Act, the
Secretaries of Agriculture and Interior shall identify any Oregon and
California Railroad lands (O&C lands) subject to the distribution
provision of the Act of August 28, 1937 (chapter 876, title II, 50
Stat. 875; 43 U.S.C. sec. 1181f) within the boundary of the special
resources management area described in section 1 of this Act.
(b) Within 18 months of the date of enactment of this Act, the
Secretary of the Interior shall identify public domain lands within the
Medford, Roseburg, Eugene, Salem and Coos Bay Districts and the Klamath
Resource Area of the Lakeview District of the Bureau of Land Management
approximately equal in size and condition as those lands identified in
subsection (a) but not subject to the Act of August 28, 1937 (chapter
876, title II, 50 Stat. 875; 43 U.S.C. sec. 1181a-f). For purposes of
this subsection, ``public domain lands'' shall have the meaning given
the term ``public lands'' in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702), but excluding therefrom any
lands managed pursuant to the Act of August 28, 1937 (chapter 876,
title II, 50 Stat. 875; 43 U.S.C. 1181a-f).
(c) Within 2 years after the date of enactment of this Act, the
Secretary of the Interior shall submit to Congress and publish in the
Federal Register a map or maps identifying those public domain lands
pursuant to subsections (a) and (b) of this section. After an
opportunity for public comment, the Secretary of the Interior shall
complete an administrative land reclassification such that those lands
identified pursuant to subsection (a) become public domain lands not
subject to the distribution provision of the Act of August 28, 1937
(chapter 876, title II, 50 Stat. 875; 43 U.S.C. Sec. 1181f) and those
lands identified pursuant to subsection (b) become Oregon and
California Railroad lands (O&C lands) subject to the Act of August 28,
1937 (chapter 876, title II, 50 Stat. 875; 43 U.S.C. 1181a-f).
SEC. 4. ENVIRONMENTAL RESTORATION.
(a) In General.--In order to further the purposes of this Act,
there is hereby authorized to be appropriated $10,000,000 under the
provisions of section 323 of the FY 1999 Interior Appropriations Act
(P.L. 105-277) for Clackamas County, Oregon, for watershed restoration,
except timber extraction, that protects or enhances water quality or
relates to the recovery of species listed pursuant to the Endangered
Species Act (P.L. 93-205) near the Bull Run Management Unit.
Passed the Senate October 5 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary. | Requires the cutting of trees to be prohibited on Federal land in the entire unit.
Repeals a provision of the Oregon Resource Conservation Act of 1996 which requires certain Unit lands that are not contained in the Bull Run River Drainage to be managed in accordance with the law establishing the Unit.
Requires the Secretaries of Agriculture and Interior to identify any Oregon and California Railroad lands (O&C lands), subject to the distribution provision regarding such lands, within the boundary of the Unit. Requires the Secretary of the Interior to identify public domain lands (as defined under this Act) within the Medford, Roseburg, Eugene, Salem and Coos Bay Districts and the Klamath Resource Area of the Lakeview District of the Bureau of Land Management equal in size and condition as such O&C lands, but not subject to the Act relating to the Oregon and California Railroad and Coos Bay Wagon Road grant lands. Requires such Secretary to: (1) submit to Congress and publish in the Federal Register a map or maps identifying those public domain lands mentioned in the two preceding clauses; and (2) after an opportunity for public comment, complete an administrative land reclassification such that the O&C lands within the Unit become public domain lands not subject to the distribution provision and the public domain lands within such Districts become O&C lands subject to such Act.
Authorizes appropriations under the provisions of the FY 1999 Interior Appropriations Act for Clackamas County, Oregon, for watershed restoration (except timber extraction) that protects or enhances water quality or relates to the recovery of endangered and threatened species near the Unit in order to further this Act's purposes. | {"src": "billsum_train", "title": "A bill to provide further protections for the watershed of the Little Sandy River as part of the Bull Run Watershed Management Unit, Oregon, and for other purposes."} | 1,693 | 377 | 0.487254 | 1.564514 | 0.706784 | 4.439739 | 4.648208 | 0.915309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Annuity Reform Act of
1997''.
SEC. 2. AMENDMENT OF TITLE 5, UNITED STATES CODE.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of title 5, United States Code.
SEC. 3. CIVIL SERVICE RETIREMENT SYSTEM.
(a) Provisions Relating to Maximum Annuity Allowable Pursuant to
Cost-of-Living Adjustments.--Section 8340(g)(1) is amended--
(1) in subparagraph (A) by striking ``or'' after the
semicolon;
(2) in subparagraph (B)--
(A) by striking ``employee or Member'' and
inserting ``employee'';
(B) by striking ``employee or Member,'' and
inserting ``employee,'';
(C) by striking ``employee's or Member's'' and
inserting ``employee's''; and
(D) by striking the period at the end of
subparagraph (B)(ii) and inserting ``; or''; and
(3) by adding at the end the following:
``(C) the final pay (or average pay, if higher) of the
Member with respect to whom the annuity is paid.''.
(b) Provisions Relating to Years of Service as a Member of Congress
and Congressional Employee for Purposes of Computing an Annuity.--
(1) Members.--
(A) In general.--Section 8339(c) is amended by
striking all that follows ``with respect to--'' and
inserting the following:
``(1) so much of his service as a Member as is or was
performed before the effective date of the Congressional
Annuity Reform Act of 1997;
``(2) so much of his military service as--
``(A) is creditable for the purpose of this
paragraph; and
``(B) is or was performed before the date referred
to in paragraph (1); and
``(3) so much of his Congressional employee service as is
or was performed before the date referred to in paragraph (1);
by multiplying 2\1/2\ percent of his average pay by the years of that
service.''.
(B) Technical amendment.--Section 8332(d) is
amended by striking ``section 8339(c)(1)'' and
inserting ``section 8339(c)''.
(2) Congressional employees.--Section 8339(b) is amended--
(A) by inserting ``so much of'' after ``is computed
with respect to''; and
(B) by inserting ``as is or was performed before
the effective date of the Congressional Annuity Reform
Act of 1997,'' before ``by multiplying''.
(c) Contribution Rates.--
(1) Deductions.--The first sentence of section 8334(a)(1)
is amended to read as follows: ``The employing agency shall
deduct and withhold 7 percent of the basic pay of an employee
and a Member, 7\1/2\ percent of the basic pay of a law
enforcement officer and a firefighter, and 8 percent of the
basic pay of a Claims Court judge, a United States magistrate,
a judge of the United States Court of Appeals for the Armed
Forces, and a bankruptcy judge.''.
(2) Deposits.--
(A) For member service.--Section 8334(c) is amended
in the matter relating to a Member for Member service
by striking
``8.................... After December 31, 1969.''
and inserting the following:
``8.................... January 1, 1970, to (but not including) the
effective date of the Congressional Annuity
Reform Act of 1997.
``7.................... On and after the effective date of the
Congressional Annuity Reform Act of 1997.''.
(B) For congressional employee service.--Section
8334(c) is amended in the matter relating to a Member
or employee for Congressional employee service by
striking
``7\1/2\............... After December 31, 1969.''
and inserting the following:
``7\1/2\............... January 1, 1970, to (but not including) the
effective date of the Congressional Annuity
Reform Act of 1997.
``7.................... On and after the effective date of the
Congressional Annuity Reform Act of 1997.''.
SEC. 4. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a) Provisions Relating to Years of Service as a Member of Congress
and Congressional Employee for Purposes of Computing an Annuity.--
(1) Members.--Section 8415(b) is amended by striking
``shall'' and inserting ``shall, to the extent that such
service is or was performed before the effective date of the
Congressional Annuity Reform Act of 1997,''.
(2) Congressional employees.--Section 8415(c) is amended by
striking ``shall'' and inserting ``shall, to the extent that
such service is or was performed before the effective date of
the Congressional Annuity Reform Act of 1997,''.
(3) Provisions relating to the 1.1 percent accrual rate.--
Section 8339(g) is amended--
(A) in paragraph (1) by striking ``an employee
under paragraph (2),'' and inserting ``an employee or
Member under paragraph (2),'';
(B) in paragraph (2) by inserting ``or Member''
after ``in the case of an employee'' and by striking
``Congressional employee,''; and
(C) by adding at the end the following:
``(3) Notwithstanding any other provision of this subsection--
``(A) this subsection shall not apply in the case of a
Member or Congressional employee whose separation (on which
entitlement to annuity is based) occurs before the effective
date of the Congressional Annuity Reform Act of 1997; and
``(B) in the case of a Member or Congressional employee to
whom this subsection applies, the 1.1 percent accrual rate
shall apply only with respect to any period of service other
than a period with respect to which the 1.7 percent accrual
rate applies under subsection (b) or (c).''.
(b) Contribution Rates.--
(1) Deductions From Pay.--Section 8422(a)(2) is amended--
(A) in subparagraph (A) by striking ``air traffic
controller, or Congressional employee)'' and inserting
``or air traffic controller) or Member,''; and
(B) in subparagraph (B) by striking ``a Member, law
enforcement officer, firefighter, air traffic
controller, or Congressional employee,'' and inserting
``a law enforcement officer, firefighter, or air
traffic controller,''.
(2) Government Contributions.--Section 8423(a)(1) is
amended--
(A) in subparagraph (A)(i) by striking
``subparagraph (B)),'' and inserting ``subparagraph
(B)) and Members,'';
(B) in subparagraph (B)(i) by striking ``Members,
Congressional employees,''; and
(C) in subparagraph (B)(ii) by striking ``and
Members''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--This Act shall take effect on the day after the
next election of Representatives (within the meaning of the 27th
article of amendment to the Constitution of the United States)
occurring after the date of the enactment of this Act.
(b) Annuity Maximum.--The amendments made by section 3(a) shall
apply with respect to annuities commencing on or after the date on
which this Act takes effect. | Congressional Annuity Reform Act of 1997 - Amends provisions concerning the Civil Service Retirement System (CSRS) to: (1) limit the maximum CSRS annuity payable to Members of Congress with respect to cost of living adjustments (COLAs) to the final pay (or average pay, if higher) of the Member with respect to whom the annuity is paid; and (2) make other changes in the formula for computation of CSRS and Federal Employees' Retirement System (FERS) annuities payable to Members and congressional employees.
Provides for the deduction and withholding of seven percent (currently, eight and seven and a half percent, respectively) of the basic pay of a member or congressional employee under CSRS (thus making such deduction and withholding equivalent to that of a Federal employee). | {"src": "billsum_train", "title": "Congressional Annuity Reform Act of 1997"} | 1,881 | 176 | 0.548578 | 1.434522 | 0.725709 | 3.013333 | 10.42 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Methamphetamine
Response Act''.
SEC. 2. HIGH INTENSITY METHAMPHETAMINE ABUSE AND TRAFFICKING AREAS.
(a) HIMATAs.--The Director may designate a State or any portion of
a State as a high intensity methamphetamine abuse and trafficking area
(in this section referred to as a ``HIMATA'') and provide funding for
such areas in accordance with this section.
(b) Designation Process.--
(1) In general.--The Director may make a HIMATA designation
only after--
(A) receipt of a petition by a Governor of a State
to designate the State or a portion of the State as a
HIMATA; and
(B) making a determination for the area that is the
subject of the petition on the basis of the
methamphetamine epidemic severity index developed under
paragraph (3).
(2) Priority for hidtas.--The Director may accept a
petition in full, accept certain portions of the geographic
areas proposed, or reject the petition. The Director shall give
priority consideration to areas that are already designated a
high intensity drug trafficking area (in this section referred
to as a ``HIDTA'') and include methamphetamine as a primary
reason for that designation.
(3) Severity index.--The Director shall develop a
methamphetamine epidemic severity index to be used for
determining whether to designate an area as a HIMATA under this
section. The index shall be based on the following factors:
(A) Per capita rates of arrests for methamphetamine
possession in an area.
(B) Per capita rates of arrests for methamphetamine
production in an area.
(C) Per capita rates of methamphetamine lab
seizures in an area.
(D) Per capita rates of treatment for
methamphetamine addiction in an area.
(E) Any additional particular factors the Director
considers appropriate for indicating the severity of
the problem in an area.
(c) Funding of HIMATAs.--
(1) In general.--The Director may provide funding to a
State to implement a HIMATA after receipt of a comprehensive
methamphetamine response plan for that HIMATA that meets the
requirements of subsection (d), as determined by the Director.
(2) Level of funding.--The Director shall determine the
level of funds to be provided to a HIMATA based on the
population and the methamphetamine epidemic severity index of
the HIMATA, except that the Director shall increase the amount
of funds that otherwise would be provided to a State by 10
percent if the State has effective precursor control laws or
regulations in place when its CMRP is submitted.
(3) Specific funding requirements.--In providing funds for
a HIMATA, the Director shall require that at least 5 percent of
the funds be used for youth and adult prevention efforts and
that at least 25 percent be used for treating methamphetamine
addiction. The remainder may be used for prosecution, law
enforcement personnel, law enforcement equipment, drug courts,
and other priorities. Federal funding must supplement rather
than supplant State and local funding.
(4) Five year funding.--Funding shall be provided to a
HIMATA on an annual basis for five years. After five years, the
Director shall evaluate the designation of the HIMATA and
determine whether it should be extended.
(d) Comprehensive Methamphetamine Response Plan.--
(1) Requirement to develop plan.--For each HIMATA
designated under this section, the Director shall require the
State in which the HIMATA is located to develop a comprehensive
methamphetamine response plan (in this section referred to as
the ``CMRP'') within six months after the date of designation
that complies with the requirements of this subsection.
(2) Requirements of plan.--A CMRP developed by a State
under this subsection shall--
(A) describe the manner in which the State plans to
use funding provided under this Act to address any
existing inadequacies in enforcement, treatment,
prevention, and precursor controls; and
(B) in the case of a HIMATA that overlaps with an
area designated as a HIDTA, address how the two
programs will cooperate and coordinate, including how
resources and efforts may be merged.
(e) Definitions.--In this Act:
(1) Director.--The term ``Director'' means the Director of
National Drug Control Policy.
(2) HIMATA.--The term ``HIMATA'' means a high intensity
methamphetamine abuse and trafficking area designated under
section 2 of this Act.
(3) HIDTA.--The term ``HIDTA'' means a high intensity drug
trafficking area designated under section 707 of the Office of
National Drug Control Policy Reauthorization Act of 1998
(Public Law 105-277; 21 U.S.C. 1706).
(4) CMRP.--The term ``CMRP'' means a comprehensive
methamphetamine response plan developed under section 2 of this
Act.
(f) Authorization.--There is authorized to be appropriated
$1,000,000,000 for fiscal year 2006 and each fiscal year thereafter to
carry out this Act. | Comprehensive Methamphetamine Response Act - Authorizes the Director of National Drug Control Policy to designate a State, or any portion of a State, as a high intensity methamphetamine abuse and trafficking area (HIMATA) and provide funding for such areas after: (1) receiving a Governor's petition for such designation; and (2) making a determination for the area on the basis of the methamphetamine epidemic severity index developed under this Act. Requires the Director to give priority consideration to areas that are already so designated if methamphetamine is a primary reason for that designation.
Requires the Director to develop a methamphetamine epidemic severity index to be used in making HIMATA determinations based on specified factors, including per capita rates of methamphetamine possession or production, lab seizures, and addiction in an area.
Authorizes the Director to provide funding to a State to implement a HIMATA after receipt of a comprehensive methamphetamine response plan (CMRP). Requires the Director to determine funding levels based on the population and the severity index of the area, with an exception.
Requires the Director to require the State in which the HIMATA is located to develop a CMRP that: (1) describes the manner in which the State plans to use funding provided to address any existing inadequacies in enforcement, treatment, prevention, and precursor controls; and (2) in the case of a HIMATA that overlaps with a high intensity drug trafficking area, addresses how the two programs will coordinate. | {"src": "billsum_train", "title": "To provide for the designation and funding of high intensity methamphetamine abuse and trafficking areas."} | 1,203 | 356 | 0.832627 | 2.539569 | 0.863323 | 4.138182 | 3.603636 | 0.945455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America Realizing the Informational
Skills and Initiative of New Graduates Act of 2017'' or ``America
RISING Act of 2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Bureau of Labor Statistics, in 2012
the national unemployment rate for individuals ages 25 years
and older with a bachelor's degree was 4.5 percent and 6.2
percent for individuals with an associate's degree. For college
graduates ages 18 to 25 the national unemployment rate in 2012
was higher at 7.7 percent. Because the typical college
graduates leaves college owing an average of $29,400 in student
loan debt, a rate that has increased 6 percent every year since
2008, the current job market offers exceedingly few
opportunities for such graduates to obtain employment at a
salary adequate to service their college loan debt.
(2) There are more than 26 million small businesses in the
United States. In the current economic climate, these small
businesses are experiencing difficulty in finding the resources
needed to increase sales, modernize operations, and hire new
employees.
(3) Recent college graduates need the experience that can
be obtained only in the workplace to refine their skills and
develop the entrepreneurial qualities that can lead to the
creation of new businesses and jobs.
(4) Existing small businesses and companies will benefit
from the information and technology skills possessed by many of
the Nation's recent college graduates.
(5) Enabling recent college graduates to obtain employment
with small businesses benefits the national economy by
providing such businesses the human capital and technical
expertise needed to compete and win in the global economy of
the 21st century.
SEC. 3. ESTABLISHMENT OF AMERICA RISING PROGRAM.
(a) Establishment.--The Secretary of Labor and the Secretary of
Education shall, jointly, establish a program under which--
(1) grants are paid to eligible employers to defray the
cost of compensation paid by such employers to recent college
graduates; and
(2) grants are paid to recent college graduates to enable
such graduates to defray the cost of undertaking further
postsecondary courses at an institution of higher education for
up to 24 months in subjects relating to mathematics, science,
engineering, or technology.
(b) Terms and Conditions.--
(1) In general.--A grant under this section may be made on
such terms and conditions as the Secretary may determine.
(2) Deferral of federal student loan obligations.--Each
recent college graduate participating in the program under this
section (by benefitting from a grant awarded under paragraph
(1), or receiving a grant under paragraph (2), of subsection
(a)) may defer payment on Federal student loans made to the
graduate under title IV of the Higher Education Act of 1965 (20
U.S.C. 1070 et seq.) for the period of the graduate's
participation in the program.
(3) Grants to eligible employers.--With respect to a grant
awarded under subsection (a)(1)--
(A) an eligible employer--
(i) may use the grant to defray the cost of
compensation for not more than 2 recent college
graduates; and
(ii) shall provide a compensation amount to
each recent college graduate participating in
the program that is equal to or greater than
the grant amount received by the employer for
the graduate; and
(B) the Secretary may not award an eligible
employer more than $25,000 per recent college graduate.
(4) Grants to recent college graduates.--With respect to a
grant awarded under subsection (a)(2) to a recent college
graduate, the graduate shall be eligible to receive Federal
student aid under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.) without regard to whether the graduate
has been or is delinquent on any Federal student loans made to
the graduate under such title IV (20 U.S.C. 1070 et seq.).
(c) Definitions.--In this section:
(1) Eligible employer.--The term ``eligible employer''
means an employer that--
(A) is a small business concern; or
(B) is a major corporation that has an operation
located in--
(i) an enterprise zone; or
(ii) an area in which, according to the
most recent data available, the unemployment
rate exceeds the national average unemployment
rate by more than two percentage points.
(2) Enterprise zone.--The term ``enterprise zone'' has the
meaning given the term ``HUBzone'' in section 3 of the Small
Business Act (15 U.S.C. 632).
(3) Institution of higher education.--Except as provided in
paragraph (3)(B), the term ``institution of higher education''
has the meaning given the term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(4) Major corporation.--The term ``major corporation''
means an employer that earns an annual revenue of not less than
$5,000,000 and employs not less than 50 employees.
(5) Recent college graduate.--
(A) In general.--The term ``recent college
graduate'' means an individual--
(i) who has received a baccalaureate or
associate degree from an institution of higher
education on or after the date that is 24
months before the grant benefitting the
graduate is awarded under this section; and
(ii) who has not previously received any
such baccalaureate or associate degree.
(B) Institution of higher education.--In
subparagraph (A), the term ``institution of higher
education'' has the meaning given such term in section
102 of the Higher Education Act of 1965 (20 U.S.C.
1002).
(6) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3 of the
Small Business Act (15 U.S.C. 632).
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this Act $100,000,000 for each of the fiscal years
2018, 2019, and 2020.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended. | America Realizing the Informational Skills and Initiative of New Graduates Act of 2017 or America RISING Act of 2017 This bill directs the Department of Labor and the Department of Health and Human Services to jointly establish a grant program to defray the costs paid by: (1) employers to compensate recent college graduates; and (2) recent college graduates to enroll in postsecondary education courses in mathematics, science, engineering, or technology. | {"src": "billsum_train", "title": "America Realizing the Informational Skills and Initiative of New Graduates Act of 2017"} | 1,341 | 88 | 0.563757 | 1.590359 | 1.315011 | 3.098765 | 15.395062 | 0.876543 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cardiac Arrest Survival Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each year more than 350,000 adults suffer cardiac
arrest, usually away from a hospital. More than 95 percent of
them will die, in many cases, because lifesaving defibrillators
arrive on the scene too late, if at all.
(2) These cardiac arrest deaths occur primarily from occult
underlying heart disease and from drownings, allergic or
sensitivity reactions, or electrical shocks.
(3) Survival from cardiac arrest requires successful early
implementation of a chain of events, the chain of survival
which begins when the person sustains a cardiac arrest and
continues until the person arrives at the hospital.
(4) A successful chain of survival requires the first
person on the scene to take rapid and simple initial steps to
care for the patient and to assure the patient promptly enters
the emergency medical services system.
(5) The first persons on the scene when an arrest occurs
are typically lay persons who are friends or family of the
victim, fire services, public safety personnel, basic life
support emergency medical services providers, teachers,
coaches, and supervisors of sports or other extracurricular
activities, providers of day care, school bus drivers,
lifeguards, attendants at public gatherings, coworkers, and
other leaders within the community.
(6) A coordinated Federal response is necessary to ensure
that appropriate and timely lifesaving interventions are
provided to persons sustaining nontraumatic cardiac arrest. The
Federal response should include, but not be limited to--
(A) significantly expanded research concerning the
efficacy of various methods of providing immediate out-
of-hospital lifesaving interventions to the
nontraumatic cardiac arrest patient;
(B) the development of research-based, nationally
uniform, easily learned and well retained model core
educational content concerning the use of such
lifesaving interventions by health care professionals,
allied health personnel, emergency medical services
personnel, public safety personnel, and other persons
who are likely to arrive immediately at the scene of a
sudden cardiac arrest;
(C) an identification of the legal, political,
financial, and other barriers to implementing these
lifesaving interventions; and
(D) the development of model State legislation to
reduce identified barriers and to enhance each State's
response to this significant problem.
SEC. 3. NATIONAL INSTITUTES OF HEALTH MODEL PROGRAM ON THE FIRST LINKS
IN THE CHAIN OF SURVIVAL.
Section 421 of the Public Health Service Act (42 U.S.C. 285b-3) is
amended by adding at the end the following subsection:
``(c) Programs under subsection (a)(1)(E) (relating to emergency
medical services and preventive, diagnostic, therapeutic, and
rehabilitative approaches) shall include programs for the following:
``(1) The development and dissemination, in coordination
with the emergency services guidelines promulgated under
section 402(a) of title 23, United States Code, by the
Associate Administrator for Traffic Safety Programs, Department
of Transportation, of a core content for a model State
training program applicable to cardiac arrest for inclusion in
appropriate current emergency medical services educational curricula
and training programs that address lifesaving interventions, including
cardiopulmonary resuscitation and defibrillation. In developing the
core content for such program, the Director of the Institute may rely
upon the content of similar curricula and training programs developed
by national nonprofit entities. The core content of such program--
``(A) may be used by health care professionals,
allied health personnel, emergency medical services
personnel, public safety personnel, and any other
persons who are likely to arrive immediately at the
scene of a sudden cardiac arrest (in this subsection
referred to as `cardiac arrest care providers') to
provide lifesaving interventions, including
cardiopulmonary resuscitation and defibrillation;
``(B) shall include age-specific criteria for the
use of particular techniques, which shall include
infants and children; and
``(C) shall be reevaluated as additional
interventions are shown to be effective.
``(2) The operation of a limited demonstration project to
provide training in such core content for cardiac arrest care
providers to validate the effectiveness of the training
program.
``(3) The definition and identification of cardiac arrest
care providers, by personal relationship, exposure to arrest or
trauma, occupation (including health professionals), or
otherwise, who could provide benefit to victims of out-of-
hospital arrest by comprehension of such core content.
``(4) The establishment of criteria for completion and
comprehension of such core content, including consideration of
inclusion in health and safety educational curricula.
``(5) The identification of equipment and supplies that
should be accessible to cardiac arrest care providers to permit
lifesaving interventions by preplacement of such equipment in
appropriate locations insofar as such activities are consistent
with the development of the core content and utilize
information derived from such studies by the National
Institutes of Health on investigation in cardiac resuscitation.
``(6) The development in accordance with this paragraph of
model State legislation (or Federal legislation applicable to
Federal territories, facilities, and employees). In developing
the model legislation, the Director of the Institute shall
cooperate with the Attorney General, and may consult with
nonprofit private organizations that are involved in the
drafting of model State legislation. The model legislation
should take into consideration the following:
``(A) The purpose of the model legislation shall be
to ensure--
``(i) access to emergency medical services
through consideration of a requirement for
public placement of lifesaving equipment; and
``(ii) good samaritan immunity for cardiac
arrest care providers; those involved with the
instruction of the training programs; and
owners and managers of property where equipment
is placed.
``(B) In the development of the model legislation,
there shall be consideration of requirements for
training in the core content and use of lifesaving
equipment for State licensure or credentialing of
health professionals or other occupations or employment
of other individuals who may be defined as cardiac
arrest care providers under paragraph (3).
``(7) The coordination of a national database for reporting
and collecting information relating to the incidence of cardiac
arrest, the circumstances surrounding such arrests, the rate of
survival, the effect of age, and whether interventions,
including cardiac arrest care provider interventions, or other
aspects of the chain of survival, improve the rate of survival.
The development of such database shall be coordinated with
other existing databases on emergency care that have been
developed under the authority of the National Highway Traffic
Safety Administration and the Centers for Disease Control and
Prevention.''. | Cardiac Arrest Survival Act - Amends the Public Health Service Act with respect to emergency medical services (EMS). Requires programs for emergency medical services and preventive, diagnostic, therapeutic, and rehabilitative approaches to include: (1) development and dissemination of a core content for a model State training program applicable to cardiac arrest for inclusion in EMS educational curricula and training programs that address lifesaving interventions, including cardiopulmonary resuscitation and defibrillation; (2) a limited demonstration project to provide training in such core content; (3) identification of cardiac arrest care providers; (4) identification of equipment and supplies that should be accessible to such providers to permit lifesaving interventions; (5) development of model State and Federal legislation; and (6) coordination of a national database for reporting and collecting information on the incidence of cardiac arrest and related issues.
Prescribes guidelines for the core content of the model State training program.
Declares that the purpose of the model legislation is to ensure: (1) access to EMS through consideration of a requirement for public placement of lifesaving equipment; and (2) good samaritan immunity for cardiac arrest care providers, those involved with the instruction of the training programs, and owners and managers of property where equipment is placed. | {"src": "billsum_train", "title": "Cardiac Arrest Survival Act"} | 1,409 | 270 | 0.586292 | 1.813266 | 0.797182 | 4.315353 | 5.742739 | 0.954357 |
OF COMPLAINT.
If, after a formal complaint is filed under section 10, the
employee and the head of the employing office resolve the issues
involved, the employee may withdraw the complaint or the parties may
enter into a written agreement, subject to the approval of the
executive director.
SEC. 14. PROHIBITION OF INTIMIDATION.
Any intimidation of, or reprisal against, any employee by any
Member of the House of Representatives, Senator, or officer or employee
of the House of Representatives or Senate, by the Architect of the
Capitol or anyone employed by the Architect of the Capitol, or by an
instrumentality of the legislative branch of the Federal Government
because of the exercise of a right under this Act constitutes an
unlawful employment practice, which may be remedied in the same manner
under this Act as is a violation of a law made applicable to the
legislative branch of the Federal Government under section 5.
SEC. 15. CONFIDENTIALITY.
(a) Counseling.--All counseling shall be strictly confidential
except that the Office and the employee may agree to notify the head of
the employing office of the allegations.
(b) Mediation.--All mediation shall be strictly confidential.
(c) Hearings.--Except as provided in subsections (d) and (e), the
hearings and deliberations of the hearing board shall be confidential.
(d) Release of Records for Judicial Action.--The records of hearing
boards may be made public if required for the purpose of judicial
action under section 9.
(e) Access by Committees of Congress.--At the discretion of the
executive director, the executive director may provide to the Committee
on Standards of Official Conduct of the House of Representatives and
the Select Committee on Ethics of the Senate access to the records of
the hearings and decisions of the hearing boards, including all written
and oral testimony in the possession of the hearing boards, concerning
a decision under section 10(g). The executive director shall not
provide such access until the executive director has consulted with the
individual filing the complaint at issue in the hearing, and until the
hearing board has issued the decision.
(f) Coordination.--The executive director shall coordinate the
proceedings with the Committee on Standards and Official Conduct of the
House of Representatives and the Select Committee on Ethics of the
Senate to ensure effectiveness, to avoid duplication, and to prevent
penalizing cooperation by respondents in the respective proceedings.
SEC. 16. POLITICAL AFFILIATION AND PLACE OF RESIDENCE.
(a) In General.--It shall not be a violation of a law made
applicable to the legislative branch of the Federal Government under
section 5 to consider the--
(1) party affiliation,
(2) domicile, or
(3) political compatibility with the employing office,
of a congressional employee with respect to employment decisions.
(b) Definition.--For purposes of subsection (a), the term
``employee'' means--
(1) an employee on the staff of the House of
Representatives or Senate leadership,
(2) an employee on the staff of a committee or
subcommittee,
(3) an employee on the staff of a Member of the House of
Representatives or Senate,
(4) an officer or employee of the House of Representatives
or Senate elected by the House of Representatives or Senate or
appointed by a Member of the House of Representatives or
Senate, other than those described in paragraphs (1) through
(3), or
(5) an applicant for a position that is to be occupied by
an individual described in paragraphs (1) through (4).
SEC. 17. OTHER REVIEW PROHIBITED.
No congressional employee may commence a judicial proceeding to
redress practices prohibited under section 5, except as provided in
this Act.
SEC. 18. STUDY.
(a) Study.--The Office shall conduct a study--
(1) of the ways that access by the public to information
held by the Congress may be improved, streamlined, and made
consistent between the House of Representatives and the Senate
and of the application of section 552 of title 5, United States
Code to the legislative branch of the Federal Government; and
(2) of the application of the requirement of section 552a
of title 5, United States Code, to the legislative branch of
the Federal Government.
(b) Study Content.--The study conducted under subsection (a) shall
examine--
(1) information that is currently made available under such
section 552 by Federal agencies and not by the legislative
branch of the Federal Government;
(2) information held by the non-legislative offices of the
legislative branch of the Federal Government, including--
(A) the instrumentalities,
(B) the Architect of the Capitol,
(C) the Director of Non-Legislative and Financial
Services of the House of Representatives,
(D) the Clerk of the House of Representatives,
(E) the Secretary of the Senate,
(F) the Inspector General of the House of
Representatives,
(G) the Sergeant at Arms of the House of
Representatives,
(H) the Doorkeeper of the House of Representatives,
(I) the United States Capitol Police, and
(J) the House Commission on Congressional Mailing
Standards;
(3) financial expenditure information of the legislative
branch of the Federal Government; and
(4) provisions for judicial review of denial of access to
information held by the legislative branch of the Federal
Government.
(c) Time.--The Office shall conduct the study prescribed by
subsection (a) and report the results of the study to the Congress not
later than one year after the date of the initial appointment of the
Board of Directors.
HR 4892 IH----2
HR 4892 IH----3
HR 4892 IH----4 | Congressional Accountability Act - Applies, by a specified conditional date, provisions of the following laws to the legislative branch: (1) the Fair Labor Standards Act of 1938; (2) Title VII of the Civil Rights Act of 1964; (3) the Americans With Disabilities Act of 1990; (4) the Age Discrimination in Employment Act of 1967; (5) Titles I and V of the Family and Medical Leave Act of 1993; (6) the Occupational Safety and Health Act of 1970; (7) provisions relating to Federal labor management relations; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; and (10) the Rehabilitation Act of 1973. Requires that an action to abate a violation of OSHA for which a citation is received take place as soon as possible, but no later than the fiscal year after the citation is issued.
(Sec. 4) Establishes in the legislative branch an Office of Compliance to study and report to the Congress on: (1) the application of such laws to the legislative branch; (2) an examination of the procedures used by the instrumentalities to enforce the application of such laws; and (3) a determination as to whether to direct an instrumentality to make improvements in its regulations and procedures so as to assure that they are as effective as those specified in this Act. Authorizes the Office's Board of Directors to direct an instrumentality that has no such procedures to adopt the requisite procedures. Requires the Board to issue regulations governing such applicability which shall be subject to congressional approval.
Makes applicable to the legislative branch any provision of Federal law to the extent that it relates to the terms and conditions of employment (including protection from discrimination in personnel actions health and safety of employees, and family and medical leave).
(Sec. 5) Directs the Office, on an ongoing basis, to: (1) determine which of such laws should apply to the legislative branch; (2) study the application to the legislative branch of laws enacted after enactment of this Act; and (3) issue regulations to apply such laws to the legislative branch subject to congressional approval.
Sets forth House and Senate procedures for bills to implement such regulations.
(Sec. 6) Requires the Office to: (1) carry out an education program for Members of Congress and other employing authorities of the legislative branch respecting the laws made applicable to them a program to inform individuals of their rights under such laws and this Act; (3) publish statistics on the use of the Office by congressional employees; and (4) develop a system for the collection of demographic data on the composition of the congressional employees.
(Sec. 7) Sets forth procedures for consideration of alleged violations of the laws made applicable to the legislative branch consisting of the following steps: (1) counseling through the Office; (2) mediation with office; (3) formal complaint and hearing by a board; (4) judicial review if a congressional employee is aggrieved by a dismissal, final decision, or an order by the hearing board or if a head of an employing office is aggrieved by a final decision or would be subject to an order issued by such board; and (5) as an alternative to steps 3 and 4, a civil action in a U.S. district court.
(Sec. 14) Declares that any intimidation of, or reprisal against, any employee because of the exercise of a right under this Act constitutes an unlawful employment practice that may be remedied in the same manner under this Act as is a violation of law made applicable to the legislative branch.
(Sec. 15) Requires all counseling, mediation, and hearings and deliberations of a hearing board to be confidential. Permits the records of hearing boards to be made public if required for judicial review. Authorizes the House Committee on Standards of Official Conduct and the Senate Select Committee on Ethics to have access to the hearing and decisions of the hearing board only after the board has made a decision with respect to the matter.
(Sec. 17) Limits a congressional employee to the judicial proceeding provided by this Act to redress prohibited practices.
(Sec. 18) Requires the Office to study and report to the Congress on: (1) the ways that public access to information held by the Congress may be improved, streamlined, and made consistent between the House and the Senate; and (2) the application of the Freedom of Information Act and the Right of Privacy Act to the legislative branch. | {"src": "billsum_train", "title": "Congressional Accountability Act"} | 1,211 | 971 | 0.472898 | 1.670785 | 0.456461 | 1.965556 | 1.292222 | 0.77 |
SECTION 1. SHADOW MASK STEEL.
Chapter 72 of the Harmonized Tariff Schedule of the United States
is amended as follows:
(1) Such chapter is amended by striking subheading
7209.18.25 and inserting the following new subheadings, with
the article descriptions for such subheadings having the same
degree of indentation as the article description for subheading
7211.23.15:
`` Other:
Of a thickness
of less than
0.361mm
(blackplate):
7209.18.25 Of a kind for
use in making
aperture
masks for
cathode-ray
tube video
displays..... Free Free (E, IL, J)
Free (CA) Free
(MX) 28%
7209.18.30 Other......... 2.2% Free (E, IL, J)
0.3% (CA) 1.9%
(MX) 20%
''
(2) Such chapter is amended by striking subheading
7211.23.60 and inserting the following new subheadings, with
the article descriptions for subheadings 7211.23.60 and
7211.23.65 having the same degree of indentation as the article
description for subheading 7211.23.45:
`` Other:
7211.23.60 Of a thickness
exceeding
1.25mm........ 3.6% Free (E, IL, J)
0.2% (CA) 1.4%
(MX) 25%
7211.23.65 Of a thickness
exceeding
0.25mm but not
exceeding
1.25mm........ 3.6% Free (E, IL, J)
0.2% (CA) 1.4%
(MX) 25%
Of a thickness
not exceeding
0.25mm:
7211.23.70 Of a kind for
use in making
aperture
masks for
cathode-ray
tube video
displays..... Free Free (E, IL, J)
Free (CA) Free
(MX) 28%
7211.23.75 Other......... 3.6% Free (E, IL, J)
0.2% (CA) 1.4%
(MX) 25%
''
(3) Such chapter is amended by striking subheading
7225.50.80 and inserting the following new subheadings, with
the article descriptions for subheading 7225.50.80 having the
same degree of indentation as the article description for
subheading 7211.23.15:
`` Other:
7225.50.80 Of high-nickel
alloy steel... 2.8% Free (E, IL, J)
0.4% (CA) 2.4%
(MX) 28%
Other:
7225.50.85 Of a kind for
use in making
aperture
masks for
cathode-ray
tube video
displays..... Free Free (E, IL, J)
Free (CA) Free
(MX) 28%
7225.50.90 Other: 2.8% Free (E, IL, J) 28%
0.4% (CA) 2.4%
(MX) ''
SEC. 2. APPLICABILITY.
The amendments made by section 1 shall apply with respect to goods
entered, or withdrawn from warehouse for consumption, on or after the
15th day after the date of the enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to grant duty-free treatment of certain shadow mask steel used in making aperture masks for cathode-ray tube video displays. Decreases the column one duty on other type shadow mask steel, while setting a duty on certain other shadow mask steel. | {"src": "billsum_train", "title": "A bill to amend the Harmonized Tariff Schedule of the United States with respect to shadow mask steel."} | 680 | 68 | 0.441124 | 1.303483 | -0.007573 | 2.350877 | 11.017544 | 0.736842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Infrastructure Banks for
Schools Act of 1999''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to a 1996 study conducted by the American
School & University, $10.42 billion was spent to address the
Nation's education infrastructure needs in 1995, with the
average total cost of a new high school at $15.4 million.
(2) According to a 1995 report to Congress by the General
Accounting Office, an estimated $112 billion in school repair,
modernization, expansion, and construction is needed.
(3) Approximately 14 million American students attend
schools which report the need for extensive repair or
replacement of one or more buildings.
(4) Academic research has proven a direct correlation
between the condition of school facilities and student
achievement. At Georgetown University, researchers found that
students assigned to schools in poor conditions can be expected
to fall 10.9 percentage points behind those in buildings in
excellent condition. Similar studies have demonstrated up to a
20 percent improvement in test scores when students were moved
from a poor facility to a new facility.
(5) The Director of Education and Employment Issues at the
Government Accounting Office testified that nearly 52 percent
of schools, affecting 21.3 million students, reported
insufficient technology elements for 6 or more areas.
(6) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
(7) The challenges facing our Nation's public elementary
and secondary schools and libraries require the concerted
efforts of all levels of government and all sectors of the
community.
(8) The United States's competitive position within the
world economy is vulnerable if America's future workforce
continues to be educated in schools and libraries not equipped
for the 21st century.
(9) The deplorable state of collections in America's public
school libraries has increased the demands on public libraries.
In many instances, public libraries substitute for school
libraries creating a higher demand for material and physical
space to house literature and educational computer equipment.
(10) Research shows that 50 percent of a child's
intellectual development takes place before age 4. Our nation's
public and school libraries play a critical role in a child's
early development because they provide a wealth of books and
other resources that can give every child a head start on life
and learning.
SEC. 3. STATE INFRASTRUCTURE BANK PILOT PROGRAM.
(a) Establishment.--
(1) Cooperative agreements.--Subject to the provisions of
this section, the Secretary of the Treasury, in consultation
with the Secretary of Education, may enter into cooperative
agreements with States for the establishment of State
infrastructure banks and multistate infrastructure banks for
making loans to local educational agencies for building or
repairing elementary or secondary schools which provide free
public education (as such terms are defined in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801)) and to public libraries for building or repairing
library facilities.
(2) Interstate compacts.--Congress grants consent to 2 or
more of the States, entering into a cooperative agreement under
paragraph (1) with the Secretary of the Treasury for the
establishment of a multistate infrastructure bank, to enter
into an interstate compact establishing such bank in accordance
with this section.
(b) Funding.--The Secretary of the Treasury, in consultation with
the Secretary of Education, shall make grants to State infrastructure
banks and multistate infrastructure banks in a State in a cooperative
agreement under subsection (a)(1) to provide initial capital for loans
provided under this section to local educational agencies and public
libraries. Each bank shall apply repayments of principal and interest
on loans to the making of additional loans. The Secretary shall take
final action on an application for a grant under this subsection within
90 days of the date of the submittal of such application.
(c) Infrastructure Bank Requirements.--In order to establish an
infrastructure bank under this section, each State establishing the
bank shall--
(1) contribute, at a minimum, in each account of the bank
from non-Federal sources an amount equal to 25 percent of the
amount of each capitalization grant made to the State and
contributed to the bank under subsection (b);
(2) identify an operating entity of the State as recipient
of the grant if the entity has the capacity to manage loan
funds and issue debt instruments of the State for purposes of
leveraging the funds;
(3) allow such funds to be used as reserve for debt issued
by the State so long as proceeds are deposited in the fund for
loan purposes;
(4) ensure that investment income generated by funds
contributed to an account of the bank will be--
(A) credited to the account;
(B) available for use in providing loans to
projects eligible for assistance from the account; and
(C) invested in United States Treasury securities,
bank deposits, or such other financing instruments as
the Secretary may approve to earn interest to enhance
the leveraging of projects assisted by the bank;
(5) ensure that any loan from the bank will bear interest
at or below the lowest interest rates being offered for bonds
the income from which is exempt from Federal taxation, as
determined by the State, to make the project that is the
subject of the loan feasible;
(6) ensure that repayment of any loan from the bank will
commence not later than 1 year after the project has been
completed.
(7) ensure that the term for repaying any loan will not
exceed 30 years after the date of the first payment on the loan
under paragraph (5); and
(8) require the bank to make an annual report to the
Secretary on its status and make such other reports as the
Secretary may require by guidelines.
(d) Forms of Assistance From Infrastructure Banks.--
(1) In general.--An infrastructure bank established under
this section may make loans to a local educational agency or a
public library in an amount equal to all or part of the cost of
carrying out a project eligible for assistance under this
section.
(2) Applications for loans.--An application to an
infrastructure bank by a local educational agency or a public
library for a loan shall include--
(A) in the case of a renovation project, a
description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected
with funds under a loan and the priorities to be
applied;
(B) a description of the criteria used by the
applicant to determine the type of corrective action
necessary for the renovation of a facility;
(C) a description of improvements to be made and a
cost estimate for the improvements;
(D) a description of how work undertaken with the
loan will promote energy conservation; and
(E) such other information as the infrastructure
bank may require.
An infrastructure bank shall take final action on a completed
application submitted to it within 90 days after the date of
its submittal.
(3) Criteria for loans.--In considering applications for a
loan an infrastructure bank shall consider--
(A) the extent to which the local educational
agency or public library involved lacks the fiscal
capacity, including the ability to raise funds through
the full use of such agency's bonding capacity and
otherwise, to undertake the project for which the loan
would be used without the loan;
(B) in the case of a local educational agency, the
threat that the condition of the physical plant in the
project poses to the safety and well-being of students;
(C) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project; and
(D) the age of such facility.
(e) Qualifying Projects.--
(1) In general.--A project is eligible for a loan from an
infrastructure bank if it is a project that consists of--
(A) the construction of new elementary or secondary
schools to meet the needs imposed by enrollment growth;
(B) the repair or upgrading of classrooms or
structures related to academic learning, including the
repair of leaking roofs, crumbling walls, inadequate
plumbing, poor ventilation equipment, and inadequate
heating or light equipment;
(C) an activity to increase physical safety at the
educational facility involved;
(D) an activity to enhance the educational facility
involved to provide access for students, teachers, and
other individuals with disabilities;
(E) an activity to address environmental hazards at
the educational facility involved, such as poor
ventilation, indoor air quality, or lighting;
(F) the provision of basic infrastructure that
facilitates educational technology, such as
communications outlets, electrical systems, power
outlets, or a communication closet;
(G) work that will bring an educational facility
into conformity with the requirements of--
(i) environmental protection or health and
safety programs mandated by Federal, State, or
local law if such requirements were not in
effect when the facility was initially
constructed; and
(ii) hazardous waste disposal, treatment,
and storage requirements mandated by the
Resource Conservation and Recovery Act of 1976
or similar State laws;
(H) work that will enable efficient use of
available energy resources, especially coal, solar
power, and other renewable energy resources;
(I) work to detect, remove, or otherwise contain
asbestos hazards in educational facilities; or
(J) work to construct new public library facilities
or repair or upgrade existing public library
facilities.
(2) Davis-bacon.--The wage requirements of the Act of March
3, 1931 (referred to as the ``Davis-Bacon Act'', 40 U.S.C. 276a
et seq.) shall apply with respect to individuals employed on
the projects described in paragraph (1).
(f) Supplementation.--Any loan made by an infrastructure bank shall
be used to supplement and not supplant other Federal, State, and local
funds available.
(g) Limitation on Repayments.--Notwithstanding any other provision
of law, the repayment of a loan from an infrastructure bank under this
section may not be credited towards the non-Federal share of the cost
of any project.
(h) Secretarial Requirements.--In administering this section, the
Secretary of the Treasury shall specify procedures and guidelines for
establishing, operating, and providing assistance from an
infrastructure bank.
(i) United States Not Obligated.--The contribution of Federal funds
into an infrastructure bank established under this section shall not be
construed as a commitment, guarantee, or obligation on the part of the
United States to any third party, nor shall any third party have any
right against the United States for payment solely by virtue of the
contribution. Any security or debt financing instrument issued by the
infrastructure bank shall expressly state that the security or
instrument does not constitute a commitment, guarantee, or obligation
of the United States.
(j) Management of Federal Funds.--Sections 3335 and 6503 of title
31, United States Code, shall not apply to funds contributed under this
section.
(k) Program Administration.--For each of fiscal years 2000 through
2004, a State may expend not to exceed 2 percent of the Federal funds
contributed to an infrastructure bank established by the State under
this section to pay the reasonable costs of administering the bank.
(l) Secretarial Review.--The Secretary of the Treasury shall review
the financial condition of each infrastructure bank established under
this section and transmit to Congress a report on the results of such
review not later than 90 days after the completion of the review.
(m) Authorization of Appropriations.--For grants to States for the
initial capitalization of infrastructure banks there are authorized to
be appropriated $250,000,000 for fiscal year 2000 and for each of the
next 4 fiscal years. | State Infrastructure Banks for Schools Act of 1999 - Authorizes the Secretary of the Treasury, in consultation with the Secretary of Education, to enter into cooperative agreements with States for the establishment of State infrastructure banks and multistate infrastructure banks for making loans to: (1) local educational agencies to build or repair public elementary or secondary schools; or (2) public libraries to build or repair library facilities.
Grants the consent of the Congress for States to enter into interstate compacts to establish such multistate infrastructure banks.
Prescribes funding guidelines under which the Secretary of the Treasury is directed to make grants to State infrastructure banks and multistate infrastructure banks to provide initial capital for such loans.
Authorizes appropriations for grants to States for the initial capitalization of infrastructure banks. | {"src": "billsum_train", "title": "State Infrastructure Banks for Schools Act of 1999"} | 2,453 | 155 | 0.431095 | 1.216525 | 0.619462 | 3.590278 | 16.784722 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``1901 Missouri African American
Expulsion Commission Act of 2007''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``1901
Missouri African American Expulsion Commission'' (in this Act referred
to as the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) investigate the expulsion of any African-American
resident in or around the Missouri cities of Aurora, Monett,
Newburg, Pierce City, Cassville, or Webb City from the home or
farm of such resident occurring between August 1894 and August
1901, including--
(A) any cause for the expulsion;
(B) any burning or vandalism of the home of such
resident;
(C) any tortuous or criminal conduct committed
against such resident; and
(D) any mob activity directed against such
resident;
(2) identify any person--
(A) who is a relative of a resident described in
paragraph (1); or
(B) whom the Commission determines sustained an
identifiable loss, including a loss to the personal
relations, real property, or personal property of such
person, because of conduct described in paragraph (1),
whether or not such conduct has previously been the
subject of a legal proceeding;
(3) research and develop a historical record of the
expulsion described in paragraph (1); and
(4) make recommendations regarding--
(A) the feasibility of providing reparations to any
person identified under paragraph (2); and
(B) the appropriate method to provide such
reparations.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--
(1) The Commission shall be composed of seven members as
follows:
(A) Four members appointed by the House of
Representatives, in the manner prescribed by the House
of Representatives.
(B) Three members appointed by the Senate, in the
manner prescribed by the Senate.
(2) Of the three members appointed under paragraph (1)(B),
one shall be a member of the Missouri Historical Society.
(b) Qualifications.--In making appointments under this section, the
appointing authorities shall make a special effort to appoint
individuals who are particularly qualified to perform the functions of
the Commission, by reason of either practical experience or academic
expertise in politics or government.
(c) Terms and Vacancies.--Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made. Any member
appointed to fill a vacancy occurring before the expiration of the term
for which the member's predecessor was appointed shall be appointed
only for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken office.
(d) Basic Pay.--
(1) Rates of pay.--To the extent or in the amounts provided
in advance in appropriation Acts, except as provided in
paragraph (2), each member of the Commission shall be paid the
daily equivalent of the annual rate of basic pay payable for
level V of the Executive Schedule for each day (including
travel time) during which the member is engaged in the actual
performance of duties of the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(e) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business.
(g) Chairman.--The Chairman of the Commission shall be elected by
the members.
(h) Meetings.--
(1) Frequency of meetings.--The Commission shall meet as
often as the Chairman determines is necessary to perform the
duties of the Commission.
(2) Initial meeting.--Not later than 90 days after the date
of the enactment of this Act, the Commission shall hold the
initial meeting of the Commission.
SEC. 5. STAFF OF COMMISSION AND EXPERTS AND CONSULTANTS.
(a) Staff.--Subject to rules prescribed by the Commission, the
Chairman may appoint and fix the pay of personnel as the Chairman
considers appropriate.
(b) Experts and Consultants.--With the approval of the Commission,
the Chairman may procure temporary and intermittent services in the
manner prescribed in section 3109(b) of title 5, United States Code,
but at rates for individuals not to exceed the daily equivalent of the
maximum annual rate of basic pay payable for grade GS-15 of the General
Schedule under section 5332 of such title.
(c) Staff of Federal Agencies.--Upon the request of the Commission,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in performing its duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Members and Agents.--Any member or agent of the Commission may,
if authorized by the Commission, take any action that the Commission is
authorized to take by this section.
(c) Obtaining Official Data.--Subject to sections 552, 552a, and
552b of title 5, United States Code, the Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the
Chairman of the Commission, the head of that department or agency shall
furnish the information to the Commission.
(d) Gifts, Bequests, and Devises.--To the extent or in the amounts
provided in advance in appropriation Acts, the Commission may accept,
use, and dispose of gifts, bequests, or devises of services or
property, both real and personal, for the purposes of aiding or
facilitating the work of the Commission. Gifts, bequests, or devises of
money and proceeds from sales of other property received as gifts,
bequests, or devises shall be deposited in the Treasury and shall be
available for disbursement upon order of the Commission.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as departments and agencies
of the United States.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 7. REPORT.
The Commission shall submit to Congress a report not later than 18
months after the date of the first meeting of the Commission. The
report shall contain a detailed statement of the findings and
conclusions of the Commission, together with such recommendations as
the Commission considers appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate 10 days after submitting its report
under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | 1901 Missouri African American Expulsion Commission Act of 2007 - Establishes the 1901 Missouri African American Expulsion Commission to: (1) investigate the expulsion of any African-American resident in or around the Missouri cities of Aurora, Monett, Newburg, Pierce City, Cassville, or Webb City from his or her home or farm between August 1894 and August 1901; (2) identify any person who is a relative of such resident or whom the Commission determines sustained an identifiable loss (including a loss to the personal relations, real property, or personal property of such person) because of the expulsion, whether or not it has previously been the subject of a legal proceeding; (3) research and develop a historical record of the expulsion; and (4) make recommendations regarding the feasibility of providing reparations to the person and the appropriate method to provide it. | {"src": "billsum_train", "title": "To establish a commission to investigate the expulsion of African-American residents of the Missouri cities of Aurora, Monett, Newburg, Pierce City, Cassville, and Webb City from their homes that occurred between August 1894 and August 1901, and make recommendations regarding the feasibility and appropriateness of providing reparations to such residents."} | 1,677 | 177 | 0.702116 | 2.293682 | 0.776555 | 6.141104 | 9.490798 | 0.97546 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business and Financial
Institutions Tax Relief Act of 2001''.
SEC. 2. ELIGIBLE SHAREHOLDERS OF S CORPORATION BANKS TO INCLUDE IRAS.
(a) In General.--Section 1361(c)(2)(A) of the Internal Revenue Code
of 1986 (relating to certain trusts permitted as shareholders) is
amended by inserting after clause (v) the following:
``(vi) In the case of a corporation which
is a bank (as defined in section 581), a trust
which constitutes an individual retirement
account under section 408(a), including one
designated as a Roth IRA under section 408A,
but only to the extent of the stock held in
such bank as of the date of the enactment of
this clause.''
(b) Treatment as Shareholder.--Section 1361(c)(2)(B) of the
Internal Revenue Code of 1986 (relating to treatment as shareholders)
is amended by adding at the end the following:
``(vi) In the case of a trust described in
clause (vi) of subparagraph (A), the individual
for whose benefit the trust was created shall
be treated as a shareholder.''
(c) Sale of Stock in IRA Relating To S Corporation Election Exempt
From Prohibited Transaction Rules.--Section 4975(d) of the Internal
Revenue Code of 1986 (relating to exemptions) is amended by striking
``or'' at the end of paragraph (14), by striking the period at the end
of paragraph (15) and inserting ``; or'', and by adding at the end the
following:
``(16) a sale of stock held by a trust which constitutes an
individual retirement account under section 408(a) to the
individual for whose benefit such account is established if
such sale is pursuant to an election under section 1362(a).''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. EXCLUSION OF INVESTMENT SECURITIES INCOME FROM PASSIVE INCOME
TEST FOR BANK S CORPORATIONS.
(a) In General.--Section 1362(d)(3)(C) of the Internal Revenue Code
of 1986 (defining passive investment income) is amended by adding at
the end the following:
``(v) Exception for banks; etc.--In the
case of a bank (as defined in section 581), a
bank holding company (as defined in section
246A(c)(3)(B)(ii)), or a qualified subchapter S
subsidiary bank, the term `passive investment
income' shall not include--
``(I) interest income earned by
such bank, bank holding company, or
qualified subchapter S subsidiary bank,
or
``(II) dividends on assets required
to be held by such bank, bank holding
company, or qualified subchapter S
subsidiary bank to conduct a banking
business, including stock in the
Federal Reserve Bank, the Federal Home
Loan Bank, or the Federal Agricultural
Mortgage Bank or participation
certificates issued by a Federal
Intermediate Credit Bank.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 1996.
SEC. 4. INCREASE IN NUMBER OF ELIGIBLE SHAREHOLDERS TO 150.
(a) In General.--Section 1361(b)(1)(A) of the Internal Revenue Code
of 1986 (defining small business corporation) is amended by striking
``75 shareholders'' and inserting ``150 shareholders (100 shareholders
in the case of taxable years beginning after 2001 and before 2006 and
125 shareholders in the case of taxable years beginning after 2005 and
before 2009)''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001.
SEC. 5. TREATMENT OF QUALIFYING DIRECTOR SHARES.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(f) Treatment of Qualifying Director Shares.--
``(1) In general.--For purposes of this subchapter--
``(A) qualifying director shares shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualifying
director shares.
``(2) Qualifying director shares defined.--For purposes of
this subsection, the term `qualifying director shares' means
any shares of stock in a bank (as defined in section 581) or in
a bank holding company registered as such with the Federal
Reserve System--
``(i) which are held by an individual
solely by reason of status as a director of
such bank or company or its controlled
subsidiary; and
``(ii) which are subject to an agreement
pursuant to which the holder is required to
dispose of the shares of stock upon termination
of the holder's status as a director at the
same price as the individual acquired such
shares of stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualifying director shares shall be includible as ordinary
income of the holder and deductible to the corporation as an expense in
computing taxable income under section 1363(b) in the year such
distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of 1986
is amended by inserting ``, except as provided in subsection
(f),'' before ``which does not''.
(2) Section 1366(a) of such Code is amended by adding at
the end the following:
``(3) Allocation with respect to qualifying director
shares.--The holders of qualifying director shares (as defined
in section 1361(f)) shall not, with respect to such shares of
stock, be allocated any of the items described in paragraph
(1).''
(3) Section 1373(a) of such Code is amended by striking
``and'' at the end of paragraph (1), by striking the period at
the end of paragraph (2) and inserting ``, and'', and adding at
the end the following:
``(3) no amount of an expense deductible under this
subchapter by reason of section 1361(f)(3) shall be apportioned
or allocated to such income.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1996.
SEC. 6. BAD DEBT CHARGE OFFS IN YEARS AFTER ELECTION YEAR TREATED AS
ITEMS OF BUILT-IN LOSS.
The Secretary of the Treasury shall modify Regulation 1.1374-4(f)
for S corporation elections made in taxable years beginning after
December 31, 1996, with respect to bad debt deductions under section
166 of the Internal Revenue Code of 1986 to treat such deductions as
built-in losses under section 1374(d)(4) of such Code during the entire
period during which the bank recognizes built-in gains from changing
its accounting method for recognizing bad debts from the reserve method
under section 585 of such Code to the charge-off method under section
166 of such Code.
SEC. 7. INCLUSION OF BANKS IN 3-YEAR S CORPORATION RULE FOR CORPORATE
PREFERENCE ITEMS.
(a) In General.--Section 1363(b) of the Internal Revenue Code of
1986 (relating to computation of corporation's taxable income) is
amended by adding at the end the following new flush sentence:
``Paragraph (4) shall apply to any bank whether such bank is an S
corporation or a qualified subchapter S subsidiary.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001.
SEC. 8. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE
FAMILY LIMITED PARTNERSHIPS.
(a) In General.--Section 1361(b)(1)(B) of the Internal Revenue Code
of 1986 (defining small business corporation) is amended--
(1) by striking ``or an organization'' and inserting ``an
organization'', and
(2) by inserting ``, or a family partnership described in
subsection (c)(8)'' after ``subsection (c)(6)''.
(b) Family Partnership.--Section 1361(c) of the Internal Revenue
Code of 1986 (relating to special rules for applying subsection (b)),
as amended by section 5, is amended by adding at the end the following:
``(8) Family partnerships.--
``(A) In general.--For purposes of subsection
(b)(1)(B), any partnership or limited liability company
may be a shareholder in an S corporation if--
``(i) all partners or members are members
of 1 family as determined under section
704(e)(3), and
``(ii) all of the partners or members would
otherwise be eligible shareholders of an S
corporation.
``(B) Treatment as shareholders.--For purposes of
subsection (b)(1)(A), in the case of a partnership or
limited liability company described in subparagraph
(A), each partner or member shall be treated as a
shareholder.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 9. ISSUANCE OF PREFERRED STOCK PERMITTED.
(a) In General.--Section 1361 of the Internal Revenue Code of 1986,
as amended by section 5(a), is amended by adding at the end the
following:
``(g) Treatment of Qualified Preferred Stock.--
``(1) In general.--For purposes of this subchapter--
``(A) qualified preferred stock shall not be
treated as a second class of stock, and
``(B) no person shall be treated as a shareholder
of the corporation by reason of holding qualified
preferred stock.
``(2) Qualified preferred stock defined.--For purposes of
this subsection, the term `qualified preferred stock' means
stock which meets the requirements of subparagraphs (A), (B),
and (C) of section 1504(a)(4). Stock shall not fail to be
treated as qualified preferred stock solely because it is
convertible into other stock.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to qualified preferred stock shall be includible as
ordinary income of the holder and deductible to the corporation
as an expense in computing taxable income under section 1363(b)
in the year such distribution is received.''
(b) Conforming Amendments.--
(1) Section 1361(b)(1) of the Internal Revenue Code of
1986, as amended by section 5(b)(1), is amended by striking
``subsection (f)'' and inserting ``subsections (f) and (g)''.
(2) Section 1366(a) of such Code, as amended by section
5(b)(2), is amended by adding at the end the following:
``(4) Allocation with respect to qualified preferred
stock.--The holders of qualified preferred stock (as defined in
section 1361(g)) shall not, with respect to such stock, be
allocated any of the items described in paragraph (1).''
(3) Section 1373(a)(3) of such Code, as added by section
5(b)(3), is amended by inserting ``or 1361(g)(3)'' after
``section 1361(f)(3)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 10. CONSENT TO ELECTIONS.
(a) 90 Percent of Shares Required for Consent to Election.--Section
1362(a)(2) of the Internal Revenue Code of 1986 (relating to all
shareholders must consent to election) is amended--
(1) by striking ``all persons who are shareholders in'' and
inserting ``shareholders holding at least 90 percent of the
shares of'', and
(2) by striking ``All shareholders'' in the heading and
inserting ``At least 90 percent of shares''.
(b) Rules for Consent.--Section 1362(a) of the Internal Revenue
Code of 1986 (relating to election) is amended by adding at the end the
following:
``(3) Rules for consent.--For purposes of making any
consent required under paragraph (2) or subsection (d)(1)(B)--
``(A) each joint owner of shares shall consent with
respect to such shares,
``(B) the personal representative or other
fiduciary authorized to act on behalf of the estate of
a deceased individual shall consent for the estate,
``(C) one parent, the custodian, the guardian, or
the conservator shall consent with respect to shares
owned by a minor or subject to a custodianship,
guardianship, conservatorship, or similar arrangement,
``(D) the trustee of a trust shall consent with
respect to shares owned in trust,
``(E) the trustee of the estate of a bankrupt
individual shall consent for shares owned by a
bankruptcy estate,
``(F) an authorized officer or the trustee of an
organization described in subsection (c)(6) shall
consent for the shares owned by such organization, and
``(G) in the case of a partnership or limited
liability company described in subsection (c)(8)--
``(i) all general partners shall consent
with respect to shares owned by such
partnership,
``(ii) all managers shall consent with
respect to shares owned by such company if
management of such company is vested in 1 or
more managers, and
``(iii) all members shall consent with
respect to shares owned by such company if
management of such company is vested in the
members.''
(c) Treatment of Nonconsenting Shareholder Stock.--
(1) In general.--Section 1361 of the Internal Revenue Code
of 1986, as amended by section 9(a), is amended by adding at
the end the following:
``(h) Treatment of Nonconsenting Shareholder Stock.--
``(1) In general.--For purposes of this subchapter--
``(A) nonconsenting shareholder stock shall not be
treated as a second class of stock,
``(B) such stock shall be treated as C corporation
stock, and
``(C) the shareholder's pro rata share under
section 1366(a)(1) with respect to such stock shall be
subject to tax paid by the S corporation at the highest
rate of tax specified in section 11(b).
``(2) Nonconsenting shareholder stock defined.--For
purposes of this subsection, the term `nonconsenting
shareholder stock' means stock of an S corporation which is
held by a shareholder who did not consent to an election under
section 1362(a) with respect to such S corporation.
``(3) Distributions.--A distribution (not in part or full
payment in exchange for stock) made by the corporation with
respect to nonconsenting shareholder stock shall be includible
as ordinary income of the holder and deductible to the
corporation as an expense in computing taxable income under
section 1363(b) in the year such distribution is received.''
(2) Conforming amendment.--Section 1361(b)(1) of the
Internal Revenue Code of 1986, as amended by section 9(b)(1),
is amended by striking ``subsections (f) and (g)'' and
inserting ``subsections (f), (g), and (h)''.
(d) Effective Date.--The amendments made by this section shall
apply to elections made in taxable years beginning after December 31,
2001.
SEC. 11. INFORMATION RETURNS FOR QUALIFIED SUBCHAPTER S SUBSIDIARIES.
(a) In General.--Section 1361(b)(3)(A) of the Internal Revenue Code
of 1986 (relating to treatment of certain wholly owned subsidiaries) is
amended by inserting ``and in the case of information returns required
under part III of subchapter A of chapter 61'' after ``Secretary''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001.
SEC. 12. ALLOWANCE OF CHARITABLE CONTRIBUTIONS OF INVENTORY AND
SCIENTIFIC PROPERTY.
(a) In General.--Section 170(e) of the Internal Revenue Code of
1986 (relating to certain contributions of ordinary income and capital
gain property) is amended--
(1) by striking ``(other than a corporation which is an S
corporation)'' in paragraph (3)(A), and
(2) by striking clause (i) of paragraph (4)(D) and by
redesignating clauses (ii) and (iii) of such paragraph as
clauses (i) and (ii), respectively.
(b) Stock Basis Adjustment.--Paragraph (1) of section 1367(a) of
such Code (relating to adjustments to basis of stock of shareholders,
etc.) is amended by striking ``and'' at the end of subparagraph (B), by
striking the period at the end of subparagraphs (C) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(D) the excess of the deductions for charitable
contributions over the basis of the property
contributed.''
(c) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2001. | Small Business and Financial Institutions Tax Relief Act of 2001 - Amends the Internal Revenue Code, with respect to S corporations, to, among other things: (1) permit a trust constituting an individual retirement account as an S corporation bank shareholder; (2) exclude certain investment income from the definition of passive income for an S corporation bank; (3) increase the maximum number of shareholders a small business organization may have to be eligible to elect S corporation treatment; (4) state that stock held by a bank director as required by banking regulations (director qualifying stock) shall not be considered a disqualifying second class of S corporation stock; (5) direct the Secretary of the Treasury to modify a certain regulation to permit an S corporation bank to treat certain bad debt deductions as built-in losses during the entire period during which the bank recognized built-in gains from changing its accounting method for recognizing bad debts from the reserve method to the charge-off method; (6) include all banks within the three-year deduction preference rule; (7) reduce from 100 percent to 90 percent the percentage of shares held by shareholders necessary for consent to election by a small business organization to be an S corporation; (8) revise exceptions to the criteria for the treatment of certain wholly owned subchapter S subsidiaries with reference to required information returns; and (9) permit S corporations to make charitable contributions of inventory and scientific property. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand S corporation eligibility for banks, and for other purposes."} | 4,019 | 290 | 0.499406 | 1.510301 | 0.731229 | 2.638989 | 12.566787 | 0.891697 |
SECTION 1. COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS WITH SCALP HAIR
LOSS AS A RESULT OF ALOPECIA AREATA.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR
INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA
AREATA.
``(a) Requirement.--
``(1) In general.--A group health plan, and a health
insurance issuer offering health insurance coverage in
connection with a group health plan, shall provide coverage for
scalp hair prosthesis for a participant or beneficiary who has
scalp hair loss as a result of alopecia areata if the attending
physician of the participant or beneficiary certifies in
writing the medical necessity of that proposed course of
rehabilitative treatment.
``(2) Cost-Sharing.--The coverage required under this
subsection is not subject to dollar limits, deductibles, and
coinsurance provisions that are less favorable than those for
other prosthesis coverage under the plan or coverage, except
that a group health plan or health insurance issuer may provide
that the plan or issuer will only pay for 80 percent of the
customary and usual costs of the scalp hair prosthesis
exclusive of any deductible.
``(3) Definition.--As used in this subsection, the term
`scalp hair prosthesis' includes any artificial substitutes for
scalp hair.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR INDIVIDUALS
WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA AREATA.
``(a) Requirement.--
``(1) In general.--A group health plan, and a health
insurance issuer offering health insurance coverage in
connection with a group health plan, shall provide coverage for
scalp hair prosthesis for a participant or beneficiary who has
scalp hair loss as a result of alopecia areata if the attending
physician of the participant or beneficiary certifies in
writing the medical necessity of that proposed course of
rehabilitative treatment.
``(2) Cost-sharing.--The coverage required under this
subsection is not subject to dollar limits, deductibles, and
coinsurance provisions that are less favorable than those for
other prosthesis coverage under the plan or coverage, except
that a group health plan or health insurance issuer may provide
that the plan or issuer will only pay for 80 percent of the
customary and usual costs of the scalp hair prosthesis
exclusive of any deductible.
``(3) Definition.--As used in this subsection, the term
`scalp hair prosthesis' includes any artificial substitutes for
scalp hair.
``(b) Notice Under Group Health Plan.--The imposition of the
requirement of this section shall be treated as a material modification
in the terms of the plan described in section 102(a)(1), for purposes
of assuring notice of such requirements under the plan; except that the
summary description required to be provided under the last sentence of
section 104(b)(1) with respect to such modification shall be provided
by not later than 60 days after the first day of the first plan year in
which such requirement apply.''.
(B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(D) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Requirement for coverage of hair prostheses for individuals
with scalp hair loss as a result of
alopecia areata.''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(i) in the table of sections, by inserting
after the item relating to section 9812 the
following new item:
``Sec. 9813. Requirement for coverage of
hair prostheses for individuals
with scalp hair loss as a
result of alopecia areata.'';
and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR
INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA
AREATA.
``(a) Requirement.--A group health plan shall provide coverage for
scalp hair prosthesis for an participant or beneficiary who has scalp
hair loss as a result of alopecia areata if the attending physician of
the participant or beneficiary certifies in writing the medical
necessity of that proposed course of rehabilitative treatment.
``(b) Cost-Sharing.--The coverage required under this section is
not subject to dollar limits, deductibles, and coinsurance provisions
that are less favorable than those for other prosthesis coverage under
the plan or coverage, except that a group health plan may provide that
the plan will only pay for 80 percent of the customary and usual costs
of the scalp hair prosthesis exclusive of any deductible.
``(c) Definition.--As used in this section, the term `scalp hair
prosthesis' includes any artificial substitutes for scalp hair.''.
(B) Conforming amendment.--Section 4980D(d)(1) of
such Code is amended by striking ``section 9811'' and
inserting ``sections 9811 and 9813''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. REQUIREMENT FOR COVERAGE OF HAIR PROSTHESES FOR
INDIVIDUALS WITH SCALP HAIR LOSS AS A RESULT OF ALOPECIA
AREATA.
``(a) In General.--The provisions of section 2707(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning on or after January 1, 2002.
(2) Individual health insurance coverage.--The amendments
made by subsection (b) apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining exception.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) January 1, 2002.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this Act (and the amendments made thereby) are administered
so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Amends the Public Health Service Act, the Employee Retirement Income Security Act, and the Internal Revenue Code to require group health plans and health insurance issuers offering coverage in connection with such plans to provide coverage for scalp hair prostheses for participants or beneficiaries who have scalp hair loss as a result of alopecia areata, if the attending physician certifies the medical necessity of that proposed course of rehabilitative treatment. Provides that such coverage is not subject to dollar limits, deductibles, and coinsurance provisions that are less favorable than those for other prosthesis coverage under the plan; but authorizes the plan or issuer to pay for only 80 percent of the customary and usual costs of the prosthesis exclusive of any deductible.Amends the Public Health Service Act to apply this Act's requirement to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to coverage offered in the small or large group market. | {"src": "billsum_train", "title": "To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for hair prostheses for individuals with scalp hair loss as a result of alopecia areata."} | 2,276 | 207 | 0.700869 | 2.145209 | 0.820151 | 5.022989 | 10.810345 | 0.942529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Escrow Account Reform Act of 1993''.
SEC. 2. LIMITATION OF PAYMENTS INTO ESCROW ACCOUNTS.
(a) Payments at Settlement.--
(1) In general.--Section 10(a)(1) of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2609(a)(1)) is
amended by striking ``, plus one-sixth'' and all that follows
through ``twelve-month period''.
(2) Effective date.--The amendment under paragraph (1)
shall be made and shall take effect upon the expiration of the
1-year period beginning on the date of the enactment of this
Act.
(b) Regular Monthly Payments.--
(1) In general.--Section 10(a) of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2609(a)) is
amended by adding at the end the following new undesignated
paragraphs:
``Notwithstanding paragraphs (1) and (2) and any mortgage
agreement, each lender or servicer maintaining any such escrow account
shall provide that, not less than once during each annual escrow
period, the balance in each such escrow account shall equal an amount
not greater than the amount equal to one-sixth of the sum of the total
amount of taxes, insurance premiums, and other charges anticipated to
be paid during such annual escrow period (or such lesser amount as
provided in the mortgage agreement or other mortgage instrument).
``For 12 consecutive calendar months (the first such month being
the month in which the first installment payment under the mortgage is
due), an amount in each such month not exceeding \1/72\ of the
estimated total amount of taxes, insurance premiums, and other charges
which are reasonably anticipated to be paid on dates during the annual
escrow period may be collected by the lender as a sum in excess of the
amount sufficient to pay such taxes, insurance premiums, and other
charges during the annual period.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any annual escrow period (as such term is
defined in section 10(h) of the Real Estate Settlement
Procedures Act of 1974, as amended by this Act) for a federally
related mortgage loan that begins after the expiration of the
1-year period beginning on date of the enactment of this Act.
(c) Coverage of Servicers.--Section 10(a) of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2609(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``or servicer (as the term is defined in section 6(i))'' after
``lender''; and
(2) by inserting ``or servicer'' after ``lender'' each
place it appears in paragraphs (1) and (2).
SEC. 3. INTEREST ON AMOUNTS IN ESCROW ACCOUNTS.
(a) In General.--Section 10 of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2609) is amended by adding at the end
the following new subsection:
``(e) Interest on Amounts in Escrow Accounts.--Any lender or
servicer that establishes or maintains an escrow account in connection
with a federally related mortgage loan shall pay interest on the
balance in the escrow account at an annual rate of not less than the
current passbook savings rate, as determined by the Secretary (in the
same manner determined for purposes of determining family annual income
under title I of the United States Housing Act of 1937). Interest
accrued under this subsection shall be payable annually, except that
any amounts accrued upon termination of an escrow account shall be
payable upon the termination of the account. The Secretary shall, by
regulation, provide for the manner and timing of payment of interest
accrued under this section to the borrower or the account of the
borrower.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to any escrow account (in connection with a federally related
mortgage loan) that is established after the expiration of the 1-year
period beginning on the date of the enactment of this Act.
SEC. 4. OPTION OF BORROWER TO TERMINATE ESCROW ACCOUNT.
(a) In General.--Section 10 of the Real Estate Settlement
Procedures Act of 1974 (12 U.S.C. 2609), as amended by section 3 of
this Act, is further amended by adding at the end the following new
subsection:
``(f) Borrower Assumption of Escrow Account Responsibility.--Any
borrower in connection with a federally related mortgage loan for which
less than 80 percent of the original principal obligation under the
loan remains outstanding may terminate any escrow account for the loan
by submitting to the lender or servicer of the loan a statement
certifying that the borrower agrees to make timely payments of all
taxes, insurance premiums, and other charges paid from the escrow
account. Notwithstanding subsection (a) or any mortgage agreement, a
lender or servicer may not require the establishment or maintenance of
any escrow account for any federally related mortgage loan for which
the escrow account is terminated under this subsection.''.
(b) Effective Date.--The amendment under subsection (a) shall be
made and shall take effect upon the expiration of the 180-day period
beginning on the date of the enactment of this Act.
SEC. 5. ENFORCEMENT OF BORROWER RIGHTS.
(a) Civil Money Penalties.--Section 10(d) of the Real Estate
Settlement Procedures Act of 1974 (12 U.S.C. 2609(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``failure to submit a statement to
a borrower as required under subsection (c)'' and
inserting ``failure by a lender or servicer to comply
with the provisions of this section''; and
(B) by striking ``failing to submit the statement''
and inserting ``failing to comply''; and
(2) in paragraph (2), by striking ``the requirement to
submit the statement'' and inserting ``a provision of this
section''.
(b) Actions.--Section 10 of the Real Estate Settlement Procedures
Act of 1974 (12 U.S.C. 2609), as amended by sections 3 and 4 of this
Act, is further amended by adding at the end the following new
subsection:
``(g) Actions to Enforce Borrower Rights.--
``(1) Damages and costs.--Whoever fails to comply with any
provision of this section shall be liable to the borrower for
each such failure in the following amounts:
``(A) Individuals.--In the case of any action by an
individual, an amount equal to the sum of--
``(i) any actual or incidental damages to
the borrower as a result of the failure; and
``(ii) in the case of a pattern or practice
of noncompliance with the provisions of this
section, any punitive damages as the court may
allow, in an amount not to exceed $10,000.
``(B) Class actions.--In the case of a class
action, an amount equal to the sum of--
``(i) any actual or incidental damages to
each of the borrowers in the class as a result
of the failure; and
``(ii) in the case of a pattern or practice
of noncompliance with the provisions of this
section, any punitive damages as the court may
allow.
``(2) Attorneys fees.--In any action pursuant to this
section, the court shall award to the prevailing party the
court costs of the action together with reasonable attorneys
fees.''.
SEC. 6. DEFINITIONS.
Section 10 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2609), as amended by sections 3, 4, and 5 of this Act, is
further amended by adding at the end the following new subsection:
``(h) Definitions.--For purposes of this section:
``(1) The term `annual escrow period' means a period of 12
consecutive calendar months occurring during the term of a
federally related mortgage loan. The annual escrow period
beginning in each calendar year shall begin with the calendar
month during which the first installment payment under the
mortgage was due.
``(2) The term `balance', with respect to any escrow
account, means the total of any amounts remaining in the escrow
account, irrespective of the purpose or manner in which such
amounts were deposited or are to be used.''.
SEC. 7. JURISDICTION OF COURTS.
Section 16 of the Real Estate Settlement Procedures Act of 1974 (12
U.S.C. 2614) is amended--
(1) by inserting ``(a) Kickback and Title Company
Violations.--'' after ``Sec. 16.''; and
(2) by adding at the end the following new subsection:
``(b) Escrow Account Violations.--Any action brought pursuant to
the provisions of section 10 may be brought in the United States
district court or in any other court of competent jurisdiction, for the
district in which the property involved is located or where the
violation is alleged to have occurred, within 3 years from the date
that the borrower under the federally related mortgage loan first had
actual knowledge of the violation. Actions pursuant to section 10 may
be brought by the borrower, the Secretary, the Attorney General of any
State, or the insurance commissioner of any State.''.
SEC. 8. STUDY OF STANDARD ESCROW ACCOUNT MANAGEMENT PROCEDURES.
(a) In General.--The Secretary of Housing and Urban Development
shall conduct a study of the accrual and disbursement dates for taxes,
insurance premiums, and other charges under escrow accounts maintained
by lenders and servicers in connection with federally related mortgage
loans, procedures regarding shortages and surplus amounts in such
escrow accounts, and the impact and treatment of inflation with respect
to such accounts, to determine the feasibility of requiring standard
procedures for managing such escrow accounts.
(b) Definitions.--For purposes of this section--
(1) the term ``accrual date'' means, with respect to taxes,
insurance premiums, and other charges to escrow accounts, the
date on which the amount for a charge is required to be
deposited in an escrow account maintained for payment of such
charges; and
(2) the term ``disbursement date'' means, with respect to
taxes, insurance premiums, and other charges to escrow
accounts, the date on which the amount of a charge is withdrawn
from an escrow account maintained for payment of such charges.
(c) Report.--The Secretary of Housing and Urban Development shall
submit to the Congress a report regarding the results of the study
under subsection (a), not later than June 30, 1993. The report shall
include the following information:
(1) A determination of the overall cost to lenders and
servicers of converting accounting procedures used for escrow
accounts from single item analysis to an aggregate analysis
procedure.
(2) A determination of the feasibility of establishing an
accrual date for each charge to an escrow account that occurs
30 days before the disbursement date for the charge.
(3) A determination of (A) the feasibility of identifying
the disbursement dates for various State and local tax
collection agencies throughout the United States and (B) any
cost to the Secretary of Housing and Urban Development of
issuing a list of such disbursement dates on an annual basis.
(4) A description and comparison of various accounting
methods for estimating the annual percentage increase in
property taxes for a property securing a federally related
mortgage loan.
(5) An examination of mortgage agreements and a
determination of the extent to which such agreements permit any
increase in the amounts required to be deposited by a borrower
upon transfer of the servicing rights for the mortgage loan.
(6) A determination of the extent and frequency of
deficiencies of amounts in escrow accounts and a description
and comparison of the various procedures used to remedy such
deficiencies.
(7) A description of the various procedures used by State
and local tax authorities and lenders and servicers in
increasing tax charges and collecting related amounts for
escrow accounts.
(8) A recommendation regarding the feasibility of requiring
standard procedures for management of escrow accounts.
(9) Any other information relating to the study conducted
under subsection (a) that the Secretary considers appropriate.
SEC. 9. REGULATIONS.
(a) Requirement.--Not later than the expiration of the 180-day
period beginning on the date of the enactment of this Act, the
Secretary of Housing and Urban Development shall issue any proposed
regulations necessary to carry out this Act and the amendments made by
this Act. Not later than the expiration of the 90-day period beginning
on the expiration of such 180-day period, the Secretary of Housing and
Urban Development shall issue final regulations to carry out this Act
and the amendments made by this Act. The regulations issued pursuant to
this section shall be subject to section 553 of title 5, United States
Code.
(b) Rule of Construction.--Any failure by the Secretary to issue
any regulations required under subsection (a) shall not affect the
effectiveness of the provisions of this Act or of the amendments made
by this Act. | Escrow Account Reform Act of 1993 - Amends the Real Estate Settlement Procedures Act of 1974 to modify the limitation placed on advance deposits in escrow accounts.
Requires any mortgage lender or servicer that establishes or maintains an escrow account in connection with a federally related mortgage loan to pay interest on the balance in such account at a specified minimum annual rate. Cites conditions under which a borrower in connection with a federally related mortgage may terminate an escrow account by submitting a statement certifying that the borrower agrees to make timely payments of all charges paid from the escrow account.
Defines the liability incurred for noncompliance with this Act. Sets forth Federal court jurisdiction over escrow account violations, and identifies the parties with standing to sue (including the borrower).
Requires the Secretary of Housing and Urban Development to: (1) report to the Congress the results of a study of standard escrow account management procedures; and (2) promulgate regulations implementing this Act. | {"src": "billsum_train", "title": "Escrow Account Reform Act of 1993"} | 3,014 | 231 | 0.544776 | 1.620625 | 0.724612 | 3.721311 | 14.688525 | 0.846995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Science for the Environment
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The United States lacks an effective mechanism for
providing and communicating a comprehensive, objective, and
credible scientific understanding of environmental issues in a
timely manner to policymakers and the public.
(2) An appropriate understanding of the diverse scientific
issues that underlie the environmental problems facing the
United States is essential to finding environmentally and
economically sound solutions to these problems.
(3) To be useful, this understanding requires the
integration of ongoing assessments of the state of scientific
knowledge with credible problem-focused research, the
communication of scientific information, and the appropriate
education and training of environmental scientists, engines,
and other professionals.
(4) A healthy environment is essential to an enhanced
quality of life, a competitive economy, and national security.
(5) It is imperative that our Nation wisely expend its
fiscal resources by eliminating duplication of certain Federal
environmental research, and by consolidating Federal
environmental science programs resulting in a more cost-
effective and efficient use of resources, to achieve a better
integration of an overall national environmental research
strategy.
SEC. 3. PURPOSE.
The purpose of this Act is to consolidate certain governmental
environmental science functions and create an independent institute
to--
(1) improve the scientific basis for decision-making on
environmental issues by integrating the functions of knowledge
assessment, research, information services, and education and
training; and
(2) provide national leadership in environmental science
and research.
SEC. 4. ESTABLISHMENT OF THE NATIONAL INSTITUTE FOR THE ENVIRONMENT.
There is hereby established as an independent agency the National
Institute for the Environment. The mission of the Institute shall be to
improve the scientific basis for decisionmaking on environment issues.
SEC. 5. DUTIES AND FUNCTIONS.
The duties and functions of the Institute shall be--
(1) to initiate, facilitate, and where appropriate perform
comprehensive assessments of the current state of knowledge of
environmental issues and their implications;
(2) to establish a Center for Environmental Assessment with
duties to--
(A) identify emerging issues and problems by
evaluating conditions and trends of the state of the
environment;
(B) determine the state of environmental knowledge
by identifying what is known about particular issues
and the voids in the current knowledge base;
(C) evaluate implications of that knowledge and
communicate scientific understanding of environmental
issues to decisionmakers and the public;
(D) identify areas of research that would provide
the scientific information needed by decisionmakers and
the public on critical environmental issues and
evaluate constraints which may affect the conduct of
this research, including the limitations in
technological, human, and economic resources;
(E) assist the Board and Director of the Institute
in setting goals and priorities for the Institute; and
(F) cooperate with and utilize the National Academy
of Sciences and similar scientific organizations where
appropriate;
(3) to award competitively peer-reviewed grants, and where
appropriate contracts, competitively for extramural scientific
research;
(4) to establish a Directorate of Research with duties to--
(A) fund issue-oriented research on--
(i) environmental resources (including
inventories, monitoring, and characterization);
(ii) environmental systems (including
mechanisms, processes, and effects); and
(iii) environmental sustainability
(including strategies, methods, and
techniques);
(B) ensure that such research is disciplinary,
multidisciplinary, and interdisciplinary, and organized
around priority environmental issues, including the
human dimensions associated with environmental
problems;
(5) to establish a National Library for the Environment as
a universally accessible, easy to use, electronic, state-of-
the-art information system for scientists, decisionmakers, and
the public, which shall--
(A) link existing information networks and
collections of environmental information, such as
libraries, specialized information centers, data and
statistical centers, government and private sector
repositories of information, and individual experts;
(B) provide quality-assured data and information by
maintaining information about data sets, including who
generated the information, by what methods they were
collected, and whether the methods and information were
peer-reviewed;
(C) conduct targeted information programs by
developing products and packaging information, in
various media that are most accessible to specific
groups or needs; and
(D) provide long-term maintenance and management of
the Nation's environmental information resources,
through the promotion and development of policies and
standards for managing and providing access to
environmental data and information; and
(6) to sponsor education and training of environmental
scientists and professionals and to improve the public
environmental literacy, including by establishing a Directorate
of Education and Training with duties to--
(A) award competitive scholarships, traineeships,
fellowships, and other arrangements at universities,
colleges, and other institutions for study and research
in disciplinary and interdisciplinary environmental
sciences, and for improving environmental literacy;
(B) support curriculum and program development,
along with teacher training programs, at colleges,
universities, and public institutions;
(C) actively involve women, minorities, members of
other underrepresented groups, and affected
communities; and
(D) sponsor public environmental education
programs, including using the National Library for the
Environment and other means to disseminate knowledge
about the environment.
SEC. 6. BOARD OF GOVERNORS.
(a) Establishment.--There shall be a Board of Governors for the
Institute which shall establish goals, priorities, and policies of the
Institute and serve in the national interest.
(b) Membership.--
(1) Appointment.--The Board shall be composed of 18 members
who shall be appointed by the President by and with the advice
and consent of the Senate.
(2) Representation.--The members of the Board shall be
comprised of approximately equal numbers of non-Federal
scientists and users of scientific information on the
environment, and shall include individuals--
(A) who as scientists, users of scientific
information, or those who are affected by environmental
issues, are individuals from diverse groups, including
State, tribal, and local governments, business,
environmental and citizens groups, academia, other
organizations, and the public;
(B) have an established record of distinguished
service and expertise in their fields; and
(C) who among the scientists represent the
diversity of fields that study the environmental.
(c) Special Considerations.--In making appointments under this
section, the President shall seek to provide for representation on the
Board of women, minority groups, and individuals recommended by the
National Academy of Sciences, the National Academy of Engineering, and
other groups.
(d) Terms.--Members of the Board shall serve the following terms:
(1) In general.--Except as provided in paragraph (2), a
member of the Board shall serve for a 6-year term.
(2) Initial terms.--Of the initial members of the Board, as
specified by the President at the time of appointment--
(A) 6 members shall serve an initial term of 2
years;
(B) 6 members shall serve an initial term of 4
years; and
(C) 6 members shall serve an initial term of 6
years.
(3) Subsequent terms.--An individual may not serve as a
member of the Board for more than 2 consecutive 6-year terms.
(e) Meetings.--Meetings of the Board may be called by the Chair or
a majority of its members at any time, and should occur no less than 4
times a year.
(f) Chair.--The Chair of the Board shall be elected by the Board
from among its members.
(g) Reports.--On January 31 following completion of appointment of
the members of the Board, and every 2 years thereafter, the Board shall
report on the work, findings, and accomplishments of the Institute,
including an indication of likely priorities of the Institute for the
2-year period following. Reports of findings on specific environmental
matters may be issued by the Board at any time, including periodic
evaluation of the conditions and trends of the environment. Reports of
the Board shall be transmitted to the President, the Congress, and
Federal agencies in a timely fashion and shall be available to the
general public.
(h) Advisory Committees.--The Board may establish such advisory
committees as the Board considers necessary. The Board shall consult
with the Interagency Advisory Committee established by section 9 and
advisory committees established under this subsection, to ensure
coordination and to avoid duplication.
(i) Travel Expenses.--Each member of the Board who is not an
officer or employee of the United States may receive travel expenses,
including per diem in lieu of subsistence, in the same manner as travel
expenses are allowed under section 5703 of title 5, United States Code,
for persons serving intermittently in the Government service.
(j) Prohibition of Compensation of Federal Employees.--Members of
the Board who are full-time officers or employees of the United States
or Members of Congress may not receive additional pay, allowances, or
benefits by reason of service on the Board.
SEC. 7. STAFF.
(a) Director.--
(1) In general.--The Institute shall be administered by a
Director, who shall be appointed by the President by and with
the advice and consent of the Senate. In appointing the
Director, the President--
(A) shall solicit nominations from the Board and
established scientific organizations; and
(B) shall appoint an individual who has an
established record of distinguished service and
expertise in the environmental sciences.
(2) Authority.--The Director shall exercise all authority
granted to the Institute in this Act, including powers
delegated by the Board, and all actions of the Director shall
be final and binding on the Institute.
(3) Duties.--The Director shall be responsible for the
integration of the duties and functions of the Institute as
described in section 5, and for ensuring the full involvement
of all relevant environmental sciences and the full range of
users in these duties.
(4) Pay; term of office.--The Director shall receive basic
pay at a rate not to exceed the rate provided for level II of
the Executive Schedule under section 5313 of title 5, United
States Code, and shall serve for a term of 6 years.
(5) Member of council.--The Director shall be a member on
the National Science and Technology Council.
(6) Ex-officio member of board.--The Director shall be a
nonvoting, ex-officio member of the Board.
(b) Assistant Directors.--The Director shall appoint, in
consultation with the Board, Assistant Directors for the Center for
Environmental Assessment, the Directorate of Research, the National
Library for the Environment, and the Directorate of Education and
Training to carry out the duties and functions of the Institute and to
ensure that all functions of the Institute are properly integrated.
SEC. 8. INTERAGENCY COOPERATION.
(a) Acquisition of Information From Other Agencies.--The Institute
may acquire from the head of any Federal agency unclassified data and
nonproprietary knowledge and information obtained and possessed by
other Federal agencies which the Institute considers useful in the
discharge of its duties. The head of each Federal agency shall
cooperate with the Institute to furnish all information required by the
Director that is requested by the Institute.
(b) Access to Information and Products of Institute.--The Institute
shall cooperate with all Federal agencies to ensure that the
information and products of the Institute are useful and accessible to
all agencies.
SEC. 9. INTERAGENCY ADVISORY COMMITTEE.
(a) Establishment.--There is hereby established an Interagency
Advisory Committee to ensure that the environmental efforts of the
Institute and other Federal agencies are complementary.
(b) Duties.--The Interagency Advisory Committee shall provide
recommendations and advice to the Board to help ensure that--
(1) the Institute's priorities incorporate the needs and
activities of other agencies;
(2) the activities of the Institute support and complement
and do not duplicate the existing programs of the agencies; and
(3) other Federal agencies are informed of the scientific
findings of the Institute.
(c) Composition.--The Interagency Advisory Committee shall consist
of the heads (or their designees of other Federal agencies, including
the Environmental Protection Agency, the National Oceanic and
Atmospheric Administration, the National Institutes of Health, the
National Science Foundation, the Department of Defense, the Department
of Energy, the Department of the Interior, the Department of
Agriculture, the Department of Transportation, the National Aeronautics
and Space Administration, the National Science and Technology Council,
the Council on Environmental Quality, and the Department of Housing and
Urban Development.
(d) Chair.--The Interagency Advisory Committee shall elect a Chair,
who shall be a nonvoting, ex officio member of the Board.
SEC. 10. GRANTS, CONTRACTS, AND OTHER AUTHORITIES.
(a) Authority To Provide Financial Assistance.--To carry out the
duties of the Institute under this Act, the Institute, subject to the
availability of appropriations, may enter into various financial
arrangements, including competitively awarded grants, loans,
cooperative agreements, and contracts to institutions, teams, and
centers, after rigorous peer review.
(b) Persons Eligible To Receive Funding.--Scientists, engineers,
and other researchers are eligible to receive funding from the
Institute under subsection (a), except that--
(1) scientists from Federal agencies shall not be given a
preference for funding based on their employment with the
Federal Government; and
(2) the receipt of funding from the Institute shall be
subject to any criteria and other requirements prescribed by
the Institute.
(c) Receipt of Funding From Other Persons.--
(1) Receipt.--To carry out particular projects and
activities under this Act the Institute may, subject to the
approval of the Board--
(A) receive funds from other Federal agencies; and
(B) accept, use, and dispose of gifts, bequests, or
devises of services or property, both real and
personal.
(2) Use.--Funds received under this subsection shall be
deposited in the Treasury and shall be made available to the
Institute to the extent provided in appropriations Acts.
SEC. 11. RECOMMENDATIONS FOR TRANSFERS OF FUNCTIONS TO INSTITUTE.
(a) In General.--Not later than 12 months after the date of the
enactment of this Act, the President, in consultation with the heads of
other Federal departments and independent agencies in the executive
branch, shall--
(1) submit to the Congress recommendations regarding
existing Federal programs that are appropriate for transfer to
the Institute; and
(2) include with those recommendations any draft
legislation the enactment of which is necessary to accomplish
those transfers.
(b) Identification of Appropriate Programs.--In implementing
subsection (a), the President shall consider a program to be
appropriate for transfer to the Institute if the program--
(1) is consistent with the mission of the Institute under
section 4;
(2) is non-regulatory;
(3) supports achievement of comprehensive, problem-focused,
anticipatory, multidisciplinary, and interdisciplinary science
programs; and
(4) supports achievement of extramural programs.
SEC. 12. DEFINITIONS.
As used in this Act:
(1) Board.--The term ``Board'' means the Board of Governors
of the Institute, established by section 6.
(2) Decisionmakers.--The term ``decision- makers'' means
elected or appointed officials of Federal, State, tribal, and
local governments, and similar individuals in the private
sector.
(3) Environmental sciences.--The term ``environmental
sciences'' means the full range of fields of study, including
biological, physical, chemical, geological, and social
sciences, engineering, and humanities, relevant to the
understanding of environmental problems.
(4) Institute.--The term ``Institute'' means the National
Institute for the Environment established by this Act.
(5) Scientist.--The term ``scientist'' means a practitioner
of science relevant to the environment.
HR 2827 IH----2 | Sound Science for the Environment Act - Establishes as an independent agency the National Institute for the Environment to: (1) initiate, facilitate, and perform comprehensive assessments of the current state of knowledge of environmental issues and their implications; (2) establish a Center for Environmental Assessment; (3) award competitively grants and contracts for extramural scientific research; (4) establish a Directorate of Research and a universally accessible National Library for the Environment; and (5) sponsor education and training of environmental scientists and professionals and improve public environmental literacy.
Establishes a Board of Governors for the Institute.
Provides for interagency acquisition of information and establishes an Interagency Advisory Committee to ensure that the environmental efforts of the Institute and other Federal agencies are complementary.
Makes scientists, engineers, and other researchers eligible to receive funding from the Institute.
Requires the President to submit to the Congress recommendations regarding existing non-regulatory Federal programs that are appropriate for transfer to the Institute, together with legislation to effect such transfers. | {"src": "billsum_train", "title": "Sound Science for the Environment Act"} | 3,426 | 212 | 0.61002 | 1.754366 | 0.800744 | 4.435897 | 16.907692 | 0.958974 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lumbee Recognition Act''.
SEC. 2. PREAMBLE.
The preamble to the Act of June 7, 1956 (70 Stat. 254), is amended
as follows:
(1) By striking ``and'' at the end of each clause.
(2) By striking ``: Now, therefore,'' at the end of the
last clause and inserting a semicolon.
(3) By adding at the end the following new clauses:
``Whereas the Lumbee Indians of Robeson and adjoining counties in North Carolina
are descendants of coastal North Carolina Indian tribes, principally
Cheraw, and have remained a distinct Indian community since the time of
contact with white settlers;
``Whereas since 1885 the State of North Carolina has recognized the Lumbee
Indians as an Indian tribe;
``Whereas in 1956 the Congress of the United States acknowledged the Lumbee
Indians as an Indian tribe, but withheld from the Lumbee Tribe the
benefits, privileges and immunities to which the Tribe and its members
otherwise would have been entitled by virtue of the Tribe's status as a
federally recognized tribe; and
``Whereas the Congress finds that the Lumbee Indians should now be entitled to
full Federal recognition of their status as an Indian tribe and that the
benefits, privileges and immunities that accompany such status should be
accorded to the Lumbee Tribe: Now, therefore,''.
SEC. 3. FEDERAL RECOGNITION.
The Act of June 7, 1956 (70 Stat. 254), is amended as follows:
(1) By striking the last sentence of the first section.
(2) By striking section 2 and inserting the following new
sections:
``Sec. 2. (a) Federal recognition is hereby extended to the Lumbee
Tribe of North Carolina, as designated as petitioner number 65 by the
Office of Federal Acknowledgment. All laws and regulations of the
United States of general application to Indians and Indian tribes shall
apply to the Lumbee Tribe of North Carolina and its members.
``(b) Notwithstanding the first section, any group of Indians in
Robeson and adjoining counties, North Carolina, whose members are not
enrolled in the Lumbee Tribe of North Carolina as determined under
section 3(c), may petition under part 83 of title 25 of the Code of
Federal Regulations for acknowledgment of tribal existence.
``Sec. 3. (a) The Lumbee Tribe of North Carolina and its members
shall be eligible for all services and benefits provided to Indians
because of their status as members of a federally recognized tribe. For
the purposes of the delivery of such services, those members of the
Tribe residing in Robeson, Cumberland, Hoke, and Scotland counties in
North Carolina shall be deemed to be residing on or near an Indian
reservation.
``(b) Upon verification by the Secretary of the Interior of a
tribal roll under subsection (c), the Secretary of the Interior and the
Secretary of Health and Human Services shall develop, in consultation
with the Lumbee Tribe of North Carolina, a determination of needs to
provide the services to which members of the Tribe are eligible. The
Secretary of the Interior and the Secretary of Health and Human
Services shall each submit a written statement of such needs to
Congress after the tribal roll is verified.
``(c) For purposes of the delivery of Federal services, the tribal
roll in effect on the date of the enactment of this section shall,
subject to verification by the Secretary of the Interior, define the
service population of the Tribe. The Secretary's verification shall be
limited to confirming compliance with the membership criteria set out
in the Tribe's constitution adopted on November 16, 2001, which
verification shall be completed within 2 years after the date of the
enactment of this section.
``Sec. 4. (a) The Secretary may take land into trust for the Lumbee
Tribe pursuant to this Act. An application to take land located within
Robeson County, North Carolina, into trust under this section shall be
treated by the Secretary as an `on reservation' trust acquisition under
part 151 of title 25, Code of Federal Regulation (or a successor
regulation).
``(b) The tribe may not conduct gaming activities as a matter of
claimed inherent authority or under the authority of any Federal law,
including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) or
under any regulations thereunder promulgated by the Secretary or the
National Indian Gaming Commission.
``Sec. 5. (a) The State of North Carolina shall exercise
jurisdiction over--
``(1) all criminal offenses that are committed on; and
``(2) all civil actions that arise on, lands located within
the State of North Carolina that are owned by, or held in trust
by the United States for, the Lumbee Tribe of North Carolina,
or any dependent Indian community of the Lumbee Tribe of North
Carolina.
``(b) The Secretary of the Interior is authorized to accept on
behalf of the United States, after consulting with the Attorney General
of the United States, any transfer by the State of North Carolina to
the United States of any portion of the jurisdiction of the State of
North Carolina described in subsection (a) pursuant to an agreement
between the Lumbee Tribe and the State of North Carolina. Such transfer
of jurisdiction may not take effect until 2 years after the effective
date of the agreement.
``(c) The provisions of this section shall not affect the
application of section 109 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1919).
``Sec. 6. There are authorized to be appropriated such sums as are
necessary to carry out this Act.''. | Lumbee Recognition Act - Extends federal recognition to the Lumbee Tribe of North Carolina.
Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as members of a federally recognized tribe. Deems, for purposes of the delivery of such services, Tribe members residing in Robeson, Cumberland, Hoke, and Scotland counties in North Carolina to be residing on or near an Indian reservation.
Allows land to be taken into trust for the Lumbee Tribe. Requires treating an application to take land located in Robeson County, North Carolina, into trust as an "on reservation" trust acquisition under regulations concerning land acquisitions.
Prohibits the Tribe from conducting gaming activities as a matter of claimed inherent authority or under the authority of any federal law, including the Indian Gaming Regulatory Act. | {"src": "billsum_train", "title": "A bill to provide for the recognition of the Lumbee Tribe of North Carolina, and for other purposes."} | 1,274 | 194 | 0.586615 | 1.640992 | 0.744989 | 6.058065 | 7.696774 | 0.909677 |
SECTION 1. RELIQUIDATION OF CERTAIN ENTRIES OF VANADIUM CARBIDES AND
VANADIUM CARBONITRIDE.
(a) In General.--Notwithstanding sections 514 and 520 of the Tariff
Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law and
subject to the provisions of subsection (b), the United States Customs
Service, shall, not later than 180 days after receipt of the request
described in subsection (b), liquidate or reliquidate each entry
described in subsection (d) containing any merchandise which, at the
time of its entry or release from warehouse for consumption, was
classified under subheading 2849.90.50 of the Hannonized Tariff
Schedule of the United States, at the rate of duty that would have been
applicable to such merchandise if the merchandise had been liquidated
or reliquidated at the Special rate of duty for such subheading
2849.90.50 on the date of entry without regard to the country of origin
of such merchandise.
(b) Requests.--Liquidation or reliquidation may be made under
subsection (a) with respect to an entry described in subsection (d)
only if a request therefor is filed with the Customs Service within 90
days after the date of enactment of this Act and the request contains
sufficient information to enable the Customs Service to locate the
entry or reconstruct the entry if it cannot be located.
(c) Payment of Amounts Owed.--Any amounts owed by the United States
pursuant to the liquidation or reliquidation of any entry under
subsection (a) shall be paid not later than 90 days after the date of
such liquidation or reliquidation.
(d) Affected Entries.--The entries referred to in subsection (a),
filed at the port of Baltimore, are as follows:
------------------------------------------------------------------------
Estimated
Entry date Entry number liquidation date
------------------------------------------------------------------------
08/07/98 788-3827590-3 06/20/99
08/07/98 788-3827650-5 06/20/99
08/21/98 788-3830120-4 07/01/99
09/18/98 788-3838000-0 07/25/99
09/26/98 788-3842300-8 08/08/99
10/02/98 788-3842310-7 08/16/99
09/26/98 788-3842320-6 08/08/99
10/08/98 788-3844370-9 08/16/99
10/22/98 788-3850440-1 09/01/99
10/22/98 788-3850450-0 09/01/99
11/06/98 788-3853680-9 09/22/99
11/06/98 788-3853690-8 09/22/99
11/13/98 788-3853730-2 10/02/99
11/12/98 788-3855290-5 09/22/99
11/19/98 788-3855300-2 09/27/99
12/27/98 788-3868050-8 11/09/99
02/09/99 788-3877120-8 11/09/99
02/09/99 788-3877130-7 11/09/99
03/05/99 788-3883260-4 12/09/99
03/02/99 788-3883270-3 11/22/99
03/26/99 788-3888540-4 11/26/99
04/01/99 788-3888550-3 12/06/99
04/11/99 788-3889130-3 12/16/99
04/16/99 788-3896360-7 12/26/99
04/30/99 788-3897150-1 01/10/00
04/30/99 788-3897160-0 01/10/00
04/25/99 788-3897170-9 01/18/00
06/11/99 788-3913450-5 02/20/00
06/18/99 788-3915060-0 02/22/00
07/09/99 788-3921190-7 03/08/00
07/12/99 788-3923420-6 03/08/00
07/23/99 788-3925480-8 03/18/00
07/30/99 788-3929180-0 03/28/00
07/30/99 788-3929190-9 03/28/00
08/06/99 788-3929200-6 04/10/00
08/06/99 788-3929210-5 04/10/00
08/13/99 788-3931300-0 04/20/00
08/13/99 788-3931310-9 04/20/00
08/28/99 788-3936980-4 04/28/00
08/20/99 788-3936990-3 04/28/00
09/10/99 788-3938010-5 05/06/00
10/08/99 788-3948100-5 05/22/00
10/08/99 788-3948110-4 05/22/00
10/08/99 788-3948120-3 05/22/00
10/15/99 788-3951910-1 05/28/00
10/15/99 788-3951920-0 05/28/00
10/15/99 788-3951930-9 05/28/00
10/29/99 788-3957960-1 06/01/00
10/29/99 788-3957950-0 06/01/00
11/10/99 788-3959830-3 06/15/00
11/13/99 788-3961730-1 06/18/00
11/13/99 788-3961740-0 06/18/00
12/02/99 788-3966670-4 07/05/00
12/02/99 788-3966680-3 07/05/00
12/13/99 788-3971200-3 07/12/00
12/13/99 788-3971210-2 07/12/00
------------------------------------------------------------------------ | Requires the U.S. Customs Service to liquidate or reliquidate certain entries of vanadium carbines and vanadium carbonitride at a special rate and refund any amounts owed. | {"src": "billsum_train", "title": "A bill to provide for the reliquidation of certain entries of vandium carbides and vandium carbonitride."} | 1,366 | 49 | 0.48055 | 1.249738 | 0.426267 | 1.962963 | 33.851852 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chinese American World War II
Veterans Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Chinese Americans served the United States in every
conflict since the Civil War, and distinguished themselves in
World War II, serving in every theater of battle and every
branch of service, earning citations for their heroism and
honorable service, up to and including the Congressional Medal
of Honor.
(2) Chinese nationals and Chinese Americans faced
institutional discrimination in the United States since before
World War II, limiting the size of their population and their
ability to build thriving communities in America.
(3) The Chinese Exclusion Act of 1882 was the first Federal
law that broadly restricted immigration and a specific
nationality, making it illegal for Chinese laborers to
immigrate to the United States, and limiting the Chinese
population in America for over sixty years.
(4) Major court decisions such as the decisions in Lum v.
Rice and People v. Hall found ``yellow'' races to be equal to
African Americans with regard to ``separate but equal'' school
facilities, and prohibited Chinese Americans, along with
``Black, mulatto, or Indian'' persons, from testifying against
White men.
(5) Chinese Americans were harassed, beaten, and murdered
because of their ethnicity. The worst instances include the
Chinese Massacre of 1871, where 17 Chinese immigrants in Los
Angeles, California, were tortured and murdered; the Rock
Spring Massacre of 1885 where White rioters killed 28 Chinese
miners and burned 75 of their homes in Rock Springs, Wyoming;
and the Hells Canyon Massacre of 1887 where 34 Chinese
goldminers were ambushed and murdered in Hells Canyon, Oregon.
(6) There were only 78,000 Chinese Americans living on the
United States mainland, with 29,000 living in Hawaii, at the
start of World War II as a result of Federal and State
legislation and judicial decisions.
(7) Despite the anti-Chinese discrimination at the time, as
many as 20,000 Chinese Americans served in the U.S. Armed
Forces during World War II. Approximately forty percent (40
percent) of those who served were not United States citizens
due to the laws that denied U.S. citizenship for persons of
Chinese descent.
(8) Chinese Americans, although small in numbers, made
important contributions to the World War II effort.
(9) Of the total Chinese Americans serving, approximately
25 percent served in the U.S. Army Air Force/Corps, with some
sent to the China-Burma-India (CBI) theater with the 14th Air
Service Group.
(10) The remainder served in all branches of the U.S. Armed
Forces in all four theaters of war.
(11) The first all Chinese-American group was the 14th Air
Service Group, 859th Signal Corps in the CBI theater which
enabled extensive and effective operations against the Japanese
military in China.
(12) Chinese Americans are widely acknowledged for their
role in the Army's 14th Air Force, 23rd Fighter Group, widely
known as the Flying Tigers.
(13) The Flying Tigers eventually established American air
superiority in China and supported cargo flights from India to
China over ``The Hump''.
(14) Chinese Americans assigned to the CBI theater made
transoceanic journeys through hostile territories, and were
subject to enemy attack while at sea and in the air.
(15) In the Pacific Theater, Chinese Americans were in
ground, air, and ocean combat and support roles throughout the
Pacific including New Guinea, Guadalcanal, Solomon Islands, Iwo
Jima, Okinawa, Philippines, Marianas, and Aleutian Islands.
(16) Throughout the Pacific and CBI theaters, they
performed vital functions in translating; coordinating National
Chinese and American combat operations; servicing and repairing
aircraft and armaments; training National Chinese troops and
sailors; delivering medical care; providing signal and
communication support; gathering and analyzing intelligence;
participating in ground and air combat; and securing and
delivering supplies.
(17) Chinese Americans also served in combat and support
roles in the European and African theaters, serving in North
Africa, Sicily, Italy, the Normandy D-Day invasion which
liberated Western Europe, and the Battle of the Bulge,
occupying Western Germany while helping to liberate Central
Europe.
(18) Chinese Americans flew bomber missions, served in
infantry units and combat ships in the Battle of the Atlantic,
including aboard Merchant Marines convoys vulnerable to
submarine and air attacks.
(19) Chinese-American women left traditional domestic
duties for patriotic service, serving as translators who
interpreted Japanese documents containing military plans.
(20) Many Chinese-American women served in the Women's Army
Corps (WACs), the Army Air Force, and the United States Naval
Reserve Women's Reserve (WAVES), and some became pilots, air
traffic controllers, flight trainers, weather forecasters,
occupational therapists, and nurses.
(21) Captain Francis B. Wai is the only Chinese American
serving in World War II to have been awarded a Congressional
Medal of Honor, the highest military award given by our Nation.
His posthumous Distinguished Service Medal, awarded in 1944 was
upgraded in 2000 to a Congressional Medal of Honor.
(22) Chinese Americans also earned Combat Infantry Badges,
Purple Hearts, Bronze Stars, Silver Stars, Distinguished
Service Medals and Distinguished Flying Medals. Units with
Chinese Americans were also awarded unit citations for valor
and bravery.
(23) The United States remains forever indebted to the
bravery, valor, and dedication that the Chinese American
Veterans of World War II displayed. Their commitment and
sacrifice demonstrates a highly uncommon and commendable sense
of patriotism and honor in the face of discrimination.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Chinese American Veterans of World II''
includes individuals of Chinese ancestry who served--
(A) honorably at any time during the period
December 7, 1941, and ending December 31, 1946; and
(B) in an active duty status under the command of
the United States Armed Forces; and
(2) the term ``Secretary'' means the Secretary of the
Treasury.
SEC. 4. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The President pro tempore of the Senate and
the Speaker of the House of Representatives shall make appropriate
arrangements for the award, on behalf of Congress, of a single gold
medal of appropriate design to the Chinese American Veterans of World
War II, in recognition of their dedicated service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary shall strike the gold medal with
suitable emblems, devices, and inscriptions to be determined by the
Secretary.
(c) Smithsonian Institute.--
(1) In general.--Following the award of the gold medal in
honor of the Chinese American Veterans of World War II, the
gold medal shall be given to the Smithsonian Institution, where
it shall be available for display as appropriate and made
available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other locations associated with the Chinese
American Veterans of World II or with World War II.
(d) Duplicate Medals.--Under regulations that the Secretary may
promulgate, the Secretary may strike and sell duplicates in bronze of
the gold medal struck under this Act, at a price sufficient to cover
the cost of the medals, including labor, materials, dies, use of
machinery, and overhead expenses.
SEC. 5. STATUS OF MEDAL.
(a) National Medal.--The gold medal struck under this Act shall be
a national medal for the purposes of chapter 51 of title 31, United
States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Chinese American World War II Veterans Congressional Gold Medal Act This bill directs the President pro tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the award of a single Congressional Gold Medal to the Chinese American Veterans of World War II in recognition of their dedicated service during World War II. The medal shall be displayed at the Smithsonian Institution, which is urged to make the medal available for display at other locations associated with such veterans or with World War II. | {"src": "billsum_train", "title": "Chinese American World War II Veterans Congressional Gold Medal Act"} | 1,789 | 106 | 0.407909 | 1.05663 | 0.674779 | 4.915789 | 17.484211 | 0.957895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Ports of Entry Threat
and Operational Review Act''.
SEC. 2. PORTS OF ENTRY THREAT AND OPERATIONAL ANALYSIS.
(a) In General.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
acting through the Commissioner of U.S. Customs and Border
Protection, shall submit to the Committee on Homeland Security
and the Committee on Ways and Means of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate
a threat and operational analysis of ports of entry.
(2) Contents.--The threat and operational analysis required
under paragraph (1) shall include an assessment of the
following:
(A) Current and potential threats posed by
individuals and organized groups seeking--
(i) to exploit security vulnerabilities at
ports of entry; or
(ii) to unlawfully enter the United States
through such ports of entry.
(B) Methods and pathways used to exploit security
vulnerabilities at ports of entry.
(C) Improvements needed at ports of entry to
prevent the unlawful movement of people, illicit drugs,
and other contraband across the borders of the United
States.
(D) Improvements needed to enhance travel and trade
facilitation and reduce wait times at ports of entry,
including--
(i) security vulnerabilities associated
with prolonged wait times;
(ii) current technology at ports of entry
that can be adapted to handle more volume,
increase efficiency, and improve accuracy of
detection efforts; and
(iii) infrastructure additions and
upgrades.
(E) Processes conducted at ports of entry that do
not require law enforcement training and could be--
(i) filled with--
(I) non-law enforcement staff; or
(II) the private sector, for
processes or activities determined to
not be inherently governmental (as such
term is defined in section 5 of the
Federal Activities Inventory Reform Act
of 1998 (Public Law 105-270)); or
(ii) automated.
(F) Improvements needed during secondary
inspections to meet food safety standards defined by
applicable statutes for the commodities being
inspected.
(3) Analysis requirements.--In compiling the threat and
operational analysis required under paragraph (1), the
Secretary of Homeland Security, acting through the Commissioner
of U.S. Customs and Border Protection, shall consider and
examine the following:
(A) Personnel needs, including K-9 Units, and
estimated costs, at each port of entry, including such
needs and challenges associated with recruitment and
hiring.
(B) Technology needs, including radiation portal
monitors and non-intrusive inspection technology, and
estimated costs at each port of entry.
(C) Infrastructure needs and estimated costs at
each port of entry.
(b) Ports of Entry Strategy and Implementation Plan.--
(1) In general.--Not later than 270 days after the
submission of the threat and operational analysis required
under subsection (a) and every 5 years thereafter for 10 years,
the Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection (CBP), shall
provide to the Committee on Homeland Security and the Committee
on Ways and Means of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs and the
Committee on Finance of the Senate a ports of entry strategy
and implementation plan.
(2) Contents.--The ports of entry strategy and
implementation plan required under paragraph (1) shall include
a consideration of the following:
(A) The ports of entry threat and operational
analysis required under subsection (a), with an
emphasis on efforts to mitigate threats and challenges
identified in such analysis.
(B) Efforts to reduce wait times at ports of entry
and standards against which the effectiveness of such
efforts may be determined.
(C) Efforts to prevent the unlawful movement of
people, illicit drugs, and other contraband across the
borders of the United States at the earliest possible
point at ports of entry and standards against which the
effectiveness of such efforts may be determined.
(D) Efforts to focus intelligence collection and
information analysis to disrupt transnational criminal
organizations attempting to exploit vulnerabilities at
ports of entry and standards against which the
effectiveness of such efforts may be determined.
(E) Efforts to verify that any new port of entry
technology acquisition can be operationally integrated
with existing technologies in use by the Department of
Homeland Security.
(F) Lessons learned from reports on the business
transformation initiative under section 802(i)(1) of
the Trade Facilitation and Trade Enforcement Act of
2015 (Public Law 114-125).
(G) CBP staffing requirements for all ports of
entry.
(H) Efforts to identify and detect fraudulent
documents at ports of entry and standards against which
the effectiveness of such efforts may be determined.
(I) Efforts to prevent, detect, investigate, and
mitigate corruption at ports of entry and standards
against which the effectiveness of such efforts may be
determined.
(c) Ports of Entry Described.--In this section, the term ``ports of
entry'' means United States air, land, and sea ports of entry. | United States Ports of Entry Threat and Operational Review Act This bill directs U.S. Customs and Border Protection to submit to the congressional homeland security and tax committees a threat and operational analysis of U.S. air, land, and sea ports of entry. | {"src": "billsum_train", "title": "United States Ports of Entry Threat and Operational Review Act"} | 1,121 | 59 | 0.584927 | 1.404697 | 0.639013 | 5.2 | 24.088889 | 0.888889 |
OFFICERS.
``The State Administrator shall establish a Problem Resolution
Office. Problem Resolution Officers shall have the authority to
investigate taxpayer complaints and enjoin collection activity if, in
the opinion of the Problem Resolution Officer, said collection activity
is reasonably likely to not be in compliance with law. Said
administrative injunction may only be reversed by the highest official
in the relevant State or Federal taxing authority or by its General
Counsel upon a finding that the collection activity is justified by
clear and convincing evidence. The authority to reverse this
administrative injunction may not be delegated. Problem Resolution
Officers shall not be disciplined or adversely affected for the
issuance of administrative injunctions unless a pattern or issuing
injunctions that are manifestly unreasonable is proven in an
administrative hearing. Nothing in this section shall limit the
authority of the State Administrators or the taxpayer to pursue any
legal remedy in any court with jurisdiction over the dispute at issue.
``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION.
``(a) Allocation Rules.--For purposes of allocating revenue between
or among administering states from taxes imposed by this subtitle, the
revenue shall be allocated to those states that are the destination of
the taxable property or services. The destination of the purchase of
taxable property and services shall be determined in accordance with
this section.
``(b) Federal Office of Revenue Allocation.--The Secretary shall
establish an Office of Revenue Allocation to arbitrate any claims or
disputes among administering states as to the destination of taxable
property and services for purposes of allocating revenue between or
among the states from taxes imposed by this subtitle. The determination
of the Administrator of the Office of Revenue Allocation shall be
subject to judicial review in any federal court with competent
jurisdiction provided, however, that the standard of review shall be
abuse of discretion.
``(c) Tangible Personal Property.--The destination of tangible
personal property shall be the state or territory in which the property
was first delivered to the purchaser. Tangible personal property
shipped by means of the mail or common carrier shall be deemed
delivered to the location of the purchaser for purposes of this
subsection upon shipment by mail or common carrier.
``(d) Real Property.--The destination of real property or rents or
leaseholds on real property shall be state or territory in which the
real property is located.
``(e) Other Property.--The destination of other property shall be
residence of the purchaser.
``(f) Services.--
``(1) General rule.--The destination of services shall be
state or territory in which the use, consumption or enjoyment
of the services occurred. Allocation of service invoices
relating to more than one jurisdiction shall be on the basis of
time.
``(2) Telecommunications services.--The destination of
telecommunications services shall be the residence of the
purchaser. Telecommunications services shall include telephone,
telegraph, cable television, satellite and computer on-line or
network services.
``(3) Domestic transportation services.--For transportation
services where all of the final destinations are within the
United States, the destination of transportation services shall
be the final destination of the trip (in the case of round or
multiple trip fares, the services amount shall be equally
allocated among the final destinations).
``(4) International transportation services.--For
transportation services where the final destination or origin
of the trip is without the United States, the service amount
shall be deemed 50 percent attributable to the United States
destination or origin.
``(g) Financial Intermediation Services.--The destination of
financial intermediation services shall be the residence of the
purchase.
``(h) A State Tax Administrator shall have jurisdiction over any
gross payments made which have a destination (as determined in
accordance with this section) within the state of said State Tax
Administrator. This grant of jurisdiction is not exclusive of other
jurisdiction that said State Tax Administrator may have.
``(i) Rents and Royalties Paid for the Lease of Tangible
Property.--
``(1) General rule.--The destination of rents and royalties
paid for the lease of tangible property shall be where the
property is located.
``(2) Vehicles.--The destination of rent and lease payments
on vehicles shall be--
``(A) in the case of rentals and leases of a term
one month or less, the location where the vehicle was
originally delivered to the lessee; and
``(B) in the case of rentals and leases of a term
greater than one month, the residence of the lessee.
``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY.
``(a) In General.--For each purchase of taxable property or
services for which a tax is imposed pursuant to section 1, the sales
tax shall be charged separately from the purchase price by the vendor
or seller. For purchase of taxable property or services for which a tax
is imposed pursuant to section 1, the vendor shall provide to the
purchaser a receipt that sets forth at least the following information:
``(1) The property or services price exclusive of tax.
``(2) The amount of tax paid.
``(3) The property or service price inclusive of tax.
``(4) The tax rate (the amount of tax paid (per
subparagraph 2) divided by the property or service price
inclusive of tax (per subparagraph 3)).
``(5) The date that the good or service was sold.
``(6) The name of the vendor.
``(7) The vendor registration number.
``(b) Vending Machine Exception.--The requirements of subsection
(a) shall be inapplicable in the case of sales by vending machines.
Vending machines for purposes of this subsection shall mean machines--
``(1) that dispense taxable property in exchange for coins,
one, five, ten or twenty dollar bills, and
``(2) that sell no single item exceeding ten dollars per
unit in price.
``SEC. 55. INSTALLMENT AGREEMENTS; COMPROMISES.
``The State Administrator or the Secretary, as the case may be, is
authorized to enter into written agreements with any person under which
the person is allowed to satisfy liability for payment of any tax in
installment payments if he determines that such agreement will
facilitate the collection of such liability. The agreement shall remain
in effect for the term of the agreement unless the information that the
person provided to the Secretary or the State Administrator was
materially inaccurate or incomplete. The Secretary and the State
Administrator may compromise any amounts alleged to be due.
``SEC. 56. ACCOUNTING.
``(a) Cash Method To Be Used Generally.--Vendors and other persons
shall remit taxes and report transactions with respect to the month for
which payment was received or the tax imposed by this chapter otherwise
becomes due.
``(b) Election To Use Accrual Method.--A person may elect with
respect to a calendar year, in a form prescribed by the Secretary, to
remit taxes and report transactions with respect to the month where a
sale was invoiced and accrued.
``(c) Cross Reference.--
``For rules relating to bad debts for
vendors electing the accrual method, see section 11(g).
``SEC. 57. HOBBY ACTIVITIES.
``(a) The exemption afforded by section 2(a)(1) shall not be
available for any taxable property or service used by a trade or
business if that trade or business is not engaged in for profit.
``(b) If the trade or business has received gross payments for the
sale of taxable property or services that exceed the sum of--
``(1) taxable property and services purchased,
``(2) wages paid, and
``(3) taxes paid,
in 2 or more of the most recent 4 calendar years during which it
operated, then the business activity shall be conclusively deemed to be
engaged in for profit.''.
SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE.
(a) In General.--Appropriations for any expenses of the Internal
Revenue Service including processing income tax returns for years prior
to the repeal of the income tax, revenue accounting, management,
transfer of payroll tax data to the Social Security Administration and
otherwise for years after fiscal year 2007 are not authorized.
(b) Excise and Sales Tax Bureaus.--Section 7801 is amended by
adding the following new subsections:
``(d) Excise Tax Bureau.--There shall be in the Department of
Treasury an Excise Tax Bureau to administer those excise taxes not
repealed by this Act.
``(e) Sales Tax Bureau.--There shall be in the Department of
Treasury a Sales Tax Bureau to administer the national sales tax in
those States where it is required pursuant to section 31(g), and to
discharge other Federal duties and powers relating to the national
sales tax (including those required by sections 32, 33, and 53(b)). The
Office of Revenue Allocation shall be within the Sales Tax Bureau.''.
(c) Assistant General Counsels.--Section 7801(b)(2) is amended to
read as follows:
``(2) Assistant general counsels.--The Secretary of the
Treasury may appoint, without regard to the provisions of the
civil service laws, and fix the duties of not more than 5
Assistant General Counsels.''.
(d) Short Year.--
(1) For purposes of the Federal income tax, the tax imposed
by section 1 and section 11 for taxable years ending June 30,
2006, shall be modified as set forth in this subsection.
(2) For calendar year taxpayers, the dollar figures in
section 1 and section 11 shall be reduced by dividing by 2 all
dollar figures that would be applicable but for this
subsection.
(3) For fiscal year taxpayers, the dollar figures in
section 1 and section 11 shall be equal to the product of--
(A) the dollar amount that would be applicable but
for this subsection, and
(B) the ratio that has as its numerator the number
of months in the taxpayer's taxable year ending June
30, 2006, and as its denominator 12.
(4) The Secretary shall publish tax rate schedules in
accordance with this subsection.
SEC. 6. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES.
(a) In General.--Commencing January 1, 2006, the Social Security
Administration shall collect and administer the taxes imposed pursuant
to chapter 2 of subtitle A (relating to self employment income taxes)
and subtitle C (relating to employment taxes) of the Internal Revenue
Code of 1986.
(b) Cross References.--
For revised rules relating to the self-
employment tax, see section 7 of this Act.
For rules relating to revised
withholding tax schedules and family consumption refund, see section
13.
SEC. 7. SELF-EMPLOYMENT TAX.
(a) In General.--Subsection 1402(a) of the Internal Revenue Code of
1986 is amended to read as follows:
``(a) In General.--`Self employment income' shall mean gross
payments received in a calendar year from the sale of taxable property
or services (without regard to exemption) less the sum in a calendar
year of--
``(1) purchases of taxable property or services (without
regard to exemption) in furtherance of a business purpose,
``(2) any wages paid (whether to the self-employed person
or others) in furtherance of a business purpose,
``(3) unused transition amounts, and
``(4) undeducted negative self employment income amounts
from prior periods.
``(b) Transition Amounts.--
``(1) General rule.--The transition amount for the ten
calendar years commencing in 2006 shall be the unrecovered
basis amount as of the end of December 31, 2005, divided by
ten.
``(2) Unrecovered basis amount.--The unrecovered basis
amount shall be remaining income tax basis relating to--
``(A) prior law section 167 property placed in
service prior to January 1, 2006, and
``(B) inventory held as of the end of 2005
(including any amounts capitalized in accordance with
prior law section 263A).''.
(b) Conforming Amendments.--Subsections 1402(b) and 1402(c) are
hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as
subsections 1402(b) et seq.
SEC. 8. SOCIAL SECURITY BENEFITS INDEXED ON SALES TAX INCLUSIVE BASIS.
Subparagraph (D) of paragraph (1) of subsection (i) of section 215
of the Social Security Act (42 U.S.C. 415) (relating to cost-of-living
increases in Social Security benefits) is amended to read as follows:
``(D)(i) the term `CPI increase percentage', with respect
to a base quarter or cost-of-living quarter in any calendar
year, means the percentage (rounded to the nearest one-tenth of
1 percent) by which the Consumer Price Index for that quarter
(as prepared by the Department of Labor) exceeds such index for
the most recent prior calendar quarter which was a base quarter
under subparagraph (A)(ii) or, if later, the most recent cost-
of-living computation quarter under subparagraph (B);
``(ii) if the Consumer Price Index (as prepared by the
Department of Labor) does not include the national sales tax
paid, then the term `CPI increase percentage' with respect to a
base quarter or cost-of-living quarter in any calendar year,
means the percentage (rounded to the nearest one-tenth of 1
percent) by which the product of--
``(I) the Consumer Price Index for that quarter (as
prepared by the Department of Labor); and
``(II) the national sales tax factor,
exceeds such index for the most recent prior calendar quarter
which was a base quarter under subparagraph (A)(ii) or, if
later, the most recent cost-of-living computation quarter under
subparagraph (B); and
``(iii) for purposes of clause (ii), the `national sales
tax factor' is equal to one plus the quotient that is--
``(I) the sales tax rate (as defined in section 1
of title 26), divided by
``(II) the quantity that is one minus the sales tax
rate.''.
SEC. 9. COMPENSATING PAYMENTS TO CERTAIN PERSONS ON FIXED INCOME.
(a) Compensating Payment.--Eligible persons (as defined in
subsection (c)) shall receive a compensating payment (as defined in
subsection (b)) provided that they comply with subsection (g) (relating
to applications).
(b) Compensating Payment Defined.--The term ``compensating
payment'' means the product of the qualified fixed income payment
amount (as defined in subsection (e)) and the excess inflation rate (as
defined in subsection (f)).
(c) Eligible Person Defined.--An eligible person is any person with
respect to any calendar year who is entitled to--
(1) Social Security benefits; and
(2) qualified fixed income payments (as defined in
subsection (d)).
(d) Qualified Fixed Income Payment Defined.--A qualified fixed
income payment is a payment received by--
(1) a beneficiary under a defined benefit plan (within the
meaning of section 414(j) of the Internal Revenue Code as in
effect prior to the enactment of this Act) whether sponsored by
a private or Government employer; or
(2) by an annuitant pursuant to an annuity contract between
the annuitant and a bona fide insurance company.
A payment pursuant to a plan or annuity contract is not a qualified
fixed income payment if the payment varies with investment performance,
interest rates, or inflation. Payments pursuant to an annuity contract
entered into after June 30, 2006, shall not be qualified fixed income
payments. Payments pursuant to a defined benefit plan to a beneficiary
that had been a participant in said defined benefit plan (within the
meaning of section 410 of the Internal Revenue Code as in effect prior
to the enactment of this Act) for less than 5 years shall not be
qualified fixed income payments.
(e) Qualified Fixed Income Payment Amount.--The qualified fixed
income payment amount is \1/12\ of qualified fixed income payments that
an eligible person is entitled to receive during the calendar year
subsequent to the year for which the compensating payment is
calculated, provided, however, that the qualified fixed income payment
amount shall not exceed $5,000.
(f) Excess Inflation Rate Defined.--The term ``excess inflation
rate'' shall mean the excess, if any, of the consumer price index (all
urban) during the 18-month period ending December 31, 2006, over the
increase projected for the consumer price index (all urban) in the
Office of Management and Budget baseline reported in the Budget of the
United States for Fiscal Year 2006 for said 18-month period. The
baseline assumption for the 6 months in 2006 shall be \1/2\ of the
assumed increase for the entire calendar year 2006.
(g) Application Required.--In order to receive compensating
payments, each eligible person must apply in a form prescribed by the
Secretary of Health and Human Services and provide such documentation
as the Secretary may reasonably require.
(h) Means of Payment.--Each person entitled to a compensating
payment shall receive the compensating payment with their Social
Security benefit payment. The compensating payment shall be separately
indicated but may be included in one check. The funds to make
compensating payments shall come from the general fund.
(i) The Secretary of Health and Human Services may require insurers
that are parties to annuity contracts and defined benefit plan sponsors
to issue a statement to annuitants or plan participants including such
information as the Secretary may require to determine the qualified
fixed income payment amount.
SEC. 10. INTEREST.
Section 6621 of the Internal Revenue Code of 1986 is amended by
striking the last sentence in section 6621(a)(1) and by striking ``3''
in section 6621(a)(2)(B) and substituting in its stead ``2''.
SEC. 11. SUPERMAJORITY REQUIRED TO RAISE RATE.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment thereto, or conference report thereon that includes any
provision that--
(1) increases any federal sales tax rate, and
(2) provides any exemption, deduction, credit or other
benefit which results in a reduction in federal revenues.
(b) Waiver or Suspension.--This section may be waived or suspended
in the House of Representatives or the Senate only by the affirmative
vote of two-thirds of the Members, duly chosen and sworn. | Individual Tax Freedom Act of 2004 - Amends the Internal Revenue Code to repeal the income tax, estate and gift taxes, certain excise taxes, and certain tax administration provisions of the Internal Revenue Code of 1986 (effective in 2006). Imposes a national sales tax (effective in 2006) equal to 15 percent of the gross payments for the use, consumption or enjoyment in the United States of any taxable property or service, whether produced or rendered within or without the United States. Allows certain exemptions from such tax, including exemptions for property or services purchased for a business purpose in an active trade or business or for export for use or consumption outside the United States. Sets forth provisions for the administration and collection of the tax and for credits and refunds. Allows for: (1) installment payments of tax resulting from the purchase of a principal residence; (2) a sales tax rebate for certain low-income families; and (3) compensating payments to certain persons on fixed incomes. Grants States the authority to administer and collect the sales tax and to remit tax proceeds to the Treasury. Prohibits the funding of the Internal Revenue Service after FY 2007. Establishes in the Department of Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax established by this Act. Directs the Social Security Administration to collect and administer employment and self-employment payroll taxes. Requires a two-thirds vote of the Members of the House of Representatives or the Senate to consider any legislation that raises any Federal sales tax rate or results in a reduction in Federal revenues. | {"src": "billsum_train", "title": "To promote freedom, fairness, and economic opportunity for families by repealing the income tax, abolishing the Internal Revenue Service, and enacting a national retail sales tax to be administered primarily by the States."} | 4,215 | 355 | 0.349898 | 1.103463 | 0.578884 | 2.794393 | 11.94081 | 0.88162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Environmentally Efficient
Building Materials Act of 1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``agency'' means an Executive agency as
defined under section 105 of title 5, United States Code, and
any agency of the judicial branch of Government.
(3) The term ``environmentally efficient materials'' means
any recycled, recovered, reclaimed, or reused material whose
production, manufacture, fabrication, and use conserves and
preserves natural resources when compared to the production,
manufacture, fabrication, and use of comparable, more
conventional materials.
(4) The term ``environmentally efficient building
materials'' means any environmentally efficient material which
may be used in the construction of a building or facility.
(5) The term ``solid waste'' means any garbage, refuse,
sludge from a waste treatment plant, water supply treatment
plant, or air pollution control facility and other discarded
material, including solid, liquid, semisolid, or contained
gaseous material resulting from industrial, commercial, mining,
and agricultural operations, and from community activities, but
does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges which are point sources subject
to permits under section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) or source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of 1954
(42 U.S.C. 2011 et seq.).
(6) The term ``construction'' with respect to any project
of construction under this Act, means (A) the erection or
building of new structures and acquisition of lands or
interests therein, or the acquisition, replacement, expansion,
remodeling, alteration, modernization, or extension of existing
structures, and (B) the acquisition and installation of initial
equipment of, or required in connection with, new or newly
acquired structures or the expanded, remodeled, altered,
modernized or extended part of existing structures (including
trucks and other motor vehicles, and tractors, cranes, and
other machinery) necessary for the proper utilization and
operation of the facility after completion of the project; and
includes preliminary planning to determine the economic and
engineering feasibility and the public health and safety
aspects of the project, the engineering, architectural, legal,
fiscal, and economic investigations and studies, and any
surveys, designs, plans, working drawings, specifications, and
other action necessary for the carrying out of the project, and
(C) the inspection and supervision of the process of carrying
out the project to completion.
SEC. 3. FEDERAL ACQUISITION AND USE OF ENVIRONMENTALLY EFFICIENT
BUILDING MATERIALS.
(a) Demonstration of Acquisition and Use of Materials.--Not later
than 90 days after the date of the enactment of this Act, the
Administrator shall establish a 3-year pilot program to promote
research on, and development of, environmentally efficient building
materials through demonstration of the acquisition and use of
environmentally efficient building materials in the construction of new
Federal facilities and buildings and in existing Federal facilities and
buildings. In carrying out the pilot program, the Administrator shall
take into consideration the advice and recommendations of the
Environmentally Efficient Building Material Advisory Board established
under section 5.
(b) Selection Criteria.--In selecting environmentally efficient
building materials, the Administrator shall use the criteria of--
(1) maximizing the conservation and preservation of natural
resources;
(2) ensuring that the materials are similar in quality and
durability to comparable, more conventional materials;
(3) ensuring that the materials are cost competitive with
comparable, more conventional materials on a life-cycle cost
basis;
(4) ensuring that the materials meet appropriate
environmental, public health, and safety standards; and
(5) ensuring that the materials meet appropriate standards
for energy efficiency.
(c) Preferences Among Environmentally Efficient Building
Materials.--When making choices between comparable environmentally
efficient building materials that meet all the criteria under
subsection (b), the Administrator shall give preference to those
materials that best satisfy the criteria under subsection (b)(1).
SEC. 4. REPORT.
Not later than 30 days after completion of the pilot program
established under section 3, the Administrator shall submit to Congress
a report on its implementation. Such a report shall include--
(1) a listing of the type and quantities of environmentally
efficient building materials used;
(2) the cost and performance of such materials compared to
comparable, more conventional materials;
(3) an assessment of the extent to which the acquisition
and use of such materials can be expanded beyond the scope of
the pilot program;
(4) an assessment of how well the materials meet the
criteria under section 3(b); and
(5) an assessment of the extent to which research on, and
development of, such materials occurred as a result of the
pilot program and the extent to which further support is needed
to stimulate such research and development.
SEC. 5. ENVIRONMENTALLY EFFICIENT BUILDING MATERIAL ADVISORY BOARD.
(a) Establishment.--There is established the Environmentally
Efficient Building Material Advisory Board (hereafter in this section
referred to as the ``Board''). The Board shall consist of 11 members
appointed by the Administrator of whom--
(1) one shall be a representative from the Environmental
Protection Agency;
(2) one shall be a representative from the General Services
Administration;
(3) one shall be a representative from the Army Corps of
Engineers;
(4) two shall be representatives from the environmental
community;
(5) two shall be representatives from the construction
industry, of whom at least one shall be from a small business;
(6) two shall be representatives from manufacturing
companies that produce environmentally efficient materials, of
whom at least one shall be from a small business; and
(7) two shall be representatives from the scientific and
technical community.
(b) Duties.--The Board shall--
(1) provide advice and recommendations to the Administrator
on the implementation of the pilot program established under
section (3);
(2) advise the Administrator on the latest research on, and
development of, environmentally efficient building materials
and design and how such research and development may be
incorporated into the construction of Federal buildings;
(3) make recommendations to the Administrator on actions
needed to further facilitate the research on, and development,
acquisition, and use of, environmentally efficient materials in
Federal construction; and
(4) make recommendations to the Administrator on actions
needed to minimize the generation of solid waste in the
construction of Federal buildings and facilities.
(c) Chairman.--The Administrator shall serve as Chairman of the
Board and shall be a voting member.
(d) Meetings.--The Board shall meet on a quarterly basis. The Board
shall comply with the provisions of the Federal Advisory Committee Act
(5 U.S.C. App.).
(e) Appointments.--No later than 90 days after the date of the
enactment of this Act, the Administrator shall make the initial
appointments to the Board. The appointees shall serve until the Board's
termination.
(f) Hearings.--The Board may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Board considers advisable to carry out the purposes of this Act.
(g) Information From Federal Agencies.--The Board may secure
directly from any Federal department or agency such information as the
Board considers necessary to carry out the provisions of this Act. Upon
request of the Chairman of the Board, the head of such department or
agency shall furnish such information to the Board.
(h) Postal Services.--The Board may use the United States mail in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
(i) Gifts.--The Board may accept, use, and dispose of gifts or
donations of services or property for purposes of carrying out its
duties under this section.
(j) Compensation of Members.--Each member of the Board who is not
an officer or employee of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day (including travel time)
during which such member is engaged in the performance of the duties of
the Board. All members of the Board who are officers or employees of
the United States shall serve without compensation in addition to that
received for their services as officers or employees of the United
States.
(k) Travel Expenses.--The members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
(l) Staff.--(1) The Chairman of the Board may, without regard to
the civil service laws and regulations, appoint and terminate an
executive director and such other additional personnel as may be
necessary to enable the Board to perform its duties. The employment of
an executive director shall be subject to confirmation by the Board.
(2) The Chairman of the Board may fix the compensation of the
executive director and other personnel without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such title.
(m) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Board without reimbursement, and such
detail shall be without interruption or loss of civil service status or
privilege.
(n) Procurement of Temporary and Intermittent Services.--The
Chairman of the Board may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates for
individuals which do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule under
section 5316 of such title.
(o) Report.--(1) Taking into consideration the results of the pilot
program established under section 3, the Board shall submit a report to
Congress and the Administrator that--
(A) makes recommendations on actions needed to further
facilitate the research on, and development, acquisition, and
use of, environmentally efficient materials in Federal
construction;
(B) makes recommendations on actions needed to minimize the
generation of solid waste in the construction of Federal
buildings and facilities; and
(C) includes any dissenting minority views.
(2) The report required by paragraph (1) shall be submitted not
later than 90 days after completion of the pilot program established
under section 3.
(p) Termination.--The Board shall cease to exist within 1 year
after the submission of its report under subsection (o).
SEC. 6. GUIDELINES TO FEDERAL AGENCIES.
(a) In General.--No later than 1 year after the Environmentally
Efficient Building Material Advisory Board submits its report under
section 5(o), the Administrator shall, after consultation with the
Administrator of General Services, promulgate regulations containing
guidelines to Federal agencies on minimizing the creation of solid
waste and on maximizing the use of environmentally efficient building
materials in the construction of Federal buildings. Such regulations
shall include--
(1) a requirement that any bid or proposal for Federal
contracts for the construction of Federal buildings include a
plan for minimizing the generation of solid waste and for
maximizing the use of environmentally efficient building
materials in such construction; and
(2) standards for an acceptable plan that satisfies the
requirement under paragraph (1). | Federal Environmentally Efficient Building Materials Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish a three-year pilot program to promote research on, and development of, environmentally efficient building materials through use of such materials in new and existing Federal facilities and buildings. Sets forth selection criteria for such materials.
Establishes the Environmentally Efficient Building Material Advisory Board.
Directs the Administrator to promulgate guidelines for Federal agencies on minimizing the creation of solid waste and maximizing the use of environmentally efficient building materials. | {"src": "billsum_train", "title": "Federal Environmentally Efficient Building Materials Act of 1993"} | 2,526 | 114 | 0.448947 | 1.064056 | 0.665759 | 4.193878 | 25.142857 | 0.928571 |
SECTION 1. SHORT TITLE; AMENDMENTS TO APPALACHIAN REGIONAL DEVELOPMENT
ACT OF 1965.
(a) Short Title.--This Act may be cited as the ``Appalachian
Regional Development Reauthorization Act of 2001''.
(b) Amendments to Appalachian Regional Development Act of 1965.--
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision of law, the reference shall be
considered to be made to a section or other provision of the
Appalachian Regional Development Act of 1965 (40 U.S.C. App.).
SEC. 2. COORDINATION OF APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS.
Section 104 (40 U.S.C. App.) is amended--
(1) by striking the section heading and all that follows
through ``The President'' and inserting the following:
``SEC. 104. COORDINATION OF APPALACHIAN REGIONAL DEVELOPMENT PROGRAMS.
``(a) Liaison Between Federal Government and Commission.--The
President''; and
(2) by adding at the end the following:
``(b) Interagency Coordinating Council.--
``(1) In general.--In carrying out subsection (a), the
President shall establish an interagency council to be known as
the `Interagency Coordinating Council on Appalachia'.
``(2) Membership.--The Council shall be composed of--
``(A) the Federal Cochairman, who shall serve as
Chairperson of the Council; and
``(B) representatives of Federal agencies that
carry out economic development programs in the
Appalachian region.''.
SEC. 3. TELECOMMUNICATIONS AND TECHNOLOGY.
The Act (40 U.S.C. App.) is amended by inserting after section 202
the following:
``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY.
``(a) In General.--In order to ensure that the people and
businesses of the Appalachian region have the knowledge, skills, and
access to telecommunications services to compete in the technology-
based economy, the Commission may provide technical assistance and make
grants, enter into contracts, and otherwise provide funds for the
following purposes:
``(1) To increase affordable access to advanced
telecommunications in the region.
``(2) To provide education and training for people,
businesses, and governments in the region in the use of
telecommunications technology.
``(3) To develop relevant technology readiness programs for
industry groups and businesses in the region.
``(4) To support entrepreneurial opportunities in
information technology in the region.
``(b) Sources of Funding.--Assistance provided under this section
may be provided entirely from appropriations made available to carry
out this section or in combination with funds available under a Federal
grant-in-aid program (as defined in section 214(c)), under another
Federal program, or from any other source.
``(c) Federal Share Limitations Specified in Other Laws.--
Notwithstanding any provision of law limiting the Federal share in a
Federal grant-in-aid program or other Federal program, funds
appropriated to carry out this section may be used to increase such
Federal share, as the Commission determines appropriate.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission to carry out this section $10,000,000
for fiscal year 2002 and such sums as may be necessary for fiscal years
2003 through 2006. Such sums shall remain available until expended.''.
SEC. 4. PROGRAM DEVELOPMENT CRITERIA.
(a) Elimination of Growth Center Criteria.--Section 224(a)(1) (40
U.S.C. App.) is amended by striking ``in an area determined by the
State have a significant potential for growth or''.
(b) Distressed Counties and Areas.--Section 224 (40 U.S.C. App.) is
amended by adding at the end the following:
``(d) Assistance to Distressed Counties and Areas.--For each fiscal
year, at least one-half of the amount of grant expenditures approved by
the Commission under this Act shall support activities or projects that
benefit severely and persistently distressed counties or areas.''.
SEC. 5. GRANTS FOR ADMINISTRATIVE EXPENSES OF LOCAL DEVELOPMENT
DISTRICTS.
Section 302(a)(1)(A) (40 U.S.C. App.) is amended by inserting ``(or
75 percent for a development district that includes 1 or more counties
for which a distressed county designation is in effect under section
226)'' after ``50 percent''.
SEC. 6. ADDITION OF COUNTIES TO APPALACHIAN REGION.
Section 403 is amended--
(1) in the third undesignated paragraph, relating to
Kentucky--
(A) by inserting ``Edmonson,'' after
``Cumberland,'';
(B) by inserting ``Hart,'' after ``Harlan,''; and
(C) by inserting ``Metcalfe,'' after ``Menifee,'';
and
(2) in the fifth undesignated paragraph, relating to
Mississippi--
(A) by inserting ``Grenada,'' after ``Clay,'';
(B) by inserting ``Montgomery,'' after ``Monroe,'';
and
(C) by inserting ``Panola,'' after ``Oktibbeha
Pontotoc,''.
SEC. 7. TECHNICAL AMENDMENTS.
(a) Strategies.--The Act (40 U.S.C. App.) is amended--
(1) in the third sentence of section 101(b) by striking
``implementing investment program'' and inserting ``strategy
statement'';
(2) in section 225--
(A) in subsection (a) by striking ``(3) describe
the development program'' and inserting ``(3) describe
the development strategies''; and
(B) in subsection (c) by striking ``Appalachian
State development programs'' and inserting
``Appalachian State development strategies''; and
(3) in section 303--
(A) in the section heading by striking ``investment
programs'' and inserting ``strategy statements'';
(B) by striking ``implementing investment program''
each place it appears and inserting ``strategy
statement''; and
(C) by striking ``implementing investments
programs'' and inserting ``strategy statements''.
(b) Support of Local Development Districts.--Section 102(a)(5) (40
U.S.C. App.) is amended by inserting ``and support'' after
``formation''.
(c) Office Space Leasing.--Section 106(7) (40 U.S.C. App.) is
amended by striking ``for any term expiring no later than September 30,
2001''.
(d) Supplements to Federal Grant-In-Aid Programs.--Section 214 (40
U.S.C. App.) is amended--
(1) in subsection (a) by striking the third sentence;
(2) by striking subsection (c) and inserting the following:
``(c) Federal Grant-In-Aid Programs Defined.--
``(1) Included programs.--In this section, the term
`Federal grant-in-aid programs' means those Federal grant-in-
aid programs authorized by this Act or another Act for the
acquisition or development of land, the construction or
equipment of facilities, or other community or economic
development or economic adjustment activities, including but
not limited to grant-in-aid programs authorized by the
following Acts:
``(A) The Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.).
``(B) The Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.).
``(C) Title VI of the Public Health Services Act
(42 U.S.C. 291 et seq.).
``(D) The Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.).
``(E) Part IV of title III of the Communications
Act of 1934 (47 U.S.C. 390 et seq.).
``(F) The Land and Water Conservation Fund Act of
1965 (16 U.S.C 460l-4 et seq.).
``(G) The Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.).
``(H) Sections 201 and 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3141 and
3149).
``(I) Title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.).
``(2) Excluded programs.--In this section, the term
`Federal grant-in-aid programs' does not include--
``(A) the program for the construction of the
development highway system authorized by section 201 or
any program relating to highway or road construction
authorized by title 23, United States Code; or
``(B) any other program for which loans or other
Federal financial assistance, except a grant-in-aid
program, is authorized by this or any other Act.''; and
(3) by striking subsection (d).
(e) Program Development Criteria.--Section 224(a)(2) (40 U.S.C.
App.) is amended by striking ``per capita income'' and inserting ``per
capita market income''.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
Section 401(a) (40 U.S.C. App.) is amended to read as follows:
``(a) In General.--In addition to amounts authorized by section 201
(and other amounts made available for the Appalachian development
highway system program) and section 203, there are authorized to be
appropriated to the Commission to carry out this Act--
``(1) $78,000,000 for fiscal year 2002;
``(2) $80,000,000 for fiscal year 2003;
``(3) $83,000,000 for fiscal year 2004;
``(4) $85,000,000 for fiscal year 2005; and
``(5) $87,000,000 for fiscal year 2006.''.
SEC. 9. TERMINATION.
Section 405 (40 U.S.C. App.) is amended by striking ``2001'' and
inserting ``2006''.
Passed the House of Representatives August 2, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Appalachian Regional Development Reauthorization Act of 2001 - Amends the Appalachian Regional Development Act of 1965 (the Act) to direct the President to establish the Interagency Coordinating Council on Appalachia.Authorizes the Appalachian Regional Commission to provide technical assistance and make grants, enter into contracts, and otherwise provide funds to: (1) increase affordable access to advanced telecommunications in the region; (2) provide education and training for people, businesses, and governments in the region in the use of telecommunications technology; (3) develop relevant technology readiness programs for industry groups and businesses in the region; and (4) support entrepreneurial opportunities in information technology in the region.Eliminates the growth center criteria as a factor in considering programs and projects to be given assistance under the Act. Directs that, for each fiscal year, at least half of the grant expenditures approved by the Commission support activities or projects that benefit counties for which distressed county designations are in effect.Modifies Act provisions to direct that not more than 75 percent of the costs of any activity eligible for financial assistance for a development district that includes one or more counties for which a distressed county designation is in effect be provided from funds appropriated to carry out the Act.Adds Edmonson, Hart, and Metcalfe ( Kentucky), and Grenada, Montgomery, and Panola (Mississippi) to the counties included in the Appalachian region.Reauthorizes appropriations and extends the Act until October 1, 2006. | {"src": "billsum_train", "title": "To reauthorize the Appalachian Regional Development Act of 1965."} | 2,519 | 329 | 0.636228 | 2.033989 | 0.747031 | 3.619048 | 7.578755 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bereaved Borrowers' Bill of Rights
Act of 2014''.
SEC. 2. REQUIREMENTS FOR PRIVATE EDUCATIONAL LENDERS.
Section 140 of such Act is further amended by adding at the end the
following new subsection:
``(g) Requirements Regarding Cosigners for a Private Education
Loan.--
``(1) Cosigner release requirements.--If a private
education loan has a cosigner who is jointly liable for such
loan, a private educational lender shall include a process for
releasing the cosigner from any obligations on the loan and in
such process the lender--
``(A) shall make the criteria for obtaining the
release clear, transparent, and easily accessible via
the website of the private educational lender;
``(B) shall notify the borrower if the borrower is
eligible to release a cosigner;
``(C) shall, if denying a request to release a
cosigner, provide an explanation for the denial and
offer the borrower an opportunity to correct the
request; and
``(D) may not change the terms of the release to
impose additional duties on the borrower or cosigner
over the duration of the private education loan.
``(2) Additional requirements.--Notwithstanding any
provision in a private education loan agreement that contains a
process for releasing a cosigner from obligations on the loan,
a private educational lender shall, upon receiving notification
of the death or bankruptcy of a cosigner--
``(A) notify the borrower about the borrower's
rights under the private education loan agreement
regarding the release of the cosigner; and
``(B) if the borrower continues to make on-time
payments (in the amount determined prior to the death
or bankruptcy of the cosigner) on the private education
loan, provide a period of time of not less than 90 days
for the borrower to follow the process for release of
the cosigner before deeming the borrower to be in
default, changing the terms of the loan, accelerating
the repayment terms of the loan, or notifying consumer
reporting agencies (as defined in section 603(f)) of a
change in the status of the loan.
``(3) Requirements in case of death or bankruptcy of a
cosigner.--Notwithstanding any provision in a private education
loan agreement, a private educational lender shall, upon
receiving notification of the death or bankruptcy of a cosigner
who is jointly liable for the private education loan--
``(A) notify the borrower about the borrower's
rights under the private education loan agreement
regarding identifying a new cosigner or refinancing the
loan; and
``(B) if the borrower continues to make on-time
payments (in the amount determined prior to the death
or bankruptcy of the cosigner) on the private education
loan, provide a period of time of not less than 90 days
for a borrower to identify a new cosigner or refinance
the loan before deeming the borrower to be in default,
changing the terms of the loan, accelerating the
repayment terms of the loan, or notifying consumer
reporting agencies (as defined in section 603(f)) of a
change in the status of the loan.''.
SEC. 3. PROHIBITIONS FOR CONSUMER REPORTING AGENCIES AND FURNISHERS OF
INFORMATION TO CONSUMER REPORTING AGENCIES RELATED TO
PRIVATE EDUCATION LOANS.
(a) Prohibition for Consumer Reporting Agencies.--Subsection (a) of
section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is
amended by adding at the end the following new paragraph:
``(7) Default on a private education loan (as defined in
section 140(a)) resulting from accelerated repayment terms of
the loan after the death or bankruptcy of a cosigner who is
jointly liable for the loan.''.
(b) Prohibition for Furnishers of Information to Consumer Reporting
Agencies.--Paragraph (1) of section 623(a) of such Act is amended by
adding the following new subparagraph:
``(E) Reporting information on private education
loans.--A private educational lender (as defined in
section 140(a)) or the servicer of a private education
loan (as defined in such section) shall not furnish any
information relating to the loan to any consumer
reporting agency if the consumer defaulted on the loan
due to accelerated repayment terms of the loan after
the death or bankruptcy of a cosigner who is jointly
liable for the loan.''. | Bereaved Borrowers' Bill of Rights Act of 2014 - Amends the Truth in Lending Act to require a private educational lender to include in a private education loan for which the cosigner is jointly liable a process for releasing the cosigner from obligations on such loan. Requires a lender who receives notification of the death or bankruptcy of a cosigner who is jointly liable for the loan to notify the borrower about the borrower's rights under the loan agreement regarding: (1) release of the cosigner, and (2) identification of a new cosigner or refinancing of the loan. Amends the Fair Credit Reporting Act to prohibit: (1) consumer reporting agencies from containing in any consumer report default on a private education loan that results from accelerated repayment terms of the loan after the death or bankruptcy of a jointly liable cosigner, and (2) the lender or servicer of a private educational loan from furnishing loan information to a consumer reporting agency if the consumer defaulted on the loan due to accelerated repayment terms after the death or bankruptcy of such a cosigner. | {"src": "billsum_train", "title": "Bereaved Borrowers' Bill of Rights Act of 2014"} | 1,068 | 250 | 0.726483 | 2.366597 | 0.921342 | 3.89 | 4.49 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Military Readiness Through
Stability and Predictability Deployment Policy Act of 2007''.
SEC. 2. MINIMUM PERIODS OF REST AND RECUPERATION FOR UNITS OF THE ARMED
FORCES BETWEEN DEPLOYMENTS.
(a) Regular Components.--
(1) In general.--No unit of the Armed Forces specified in
paragraph (3) may be deployed in support of Operation Iraqi
Freedom unless the period between the most recent previous
deployment of the unit and a subsequent deployment of the unit
is equal to or longer than the period of such most recent
previous deployment.
(2) Sense of congress on optimal minimum period between
deployments.--It is the sense of Congress that the optimal
minimum period between the most recent previous deployment of a
unit of the Armed Forces specified in paragraph (3) and a
subsequent deployment of the unit in support of Operation Iraqi
Freedom should be equal to or longer than twice the period of
such most recent previous deployment.
(3) Covered units.--Subject to subsection (c), the units of
the Armed Forces specified in this paragraph are as follows:
(A) Units of the regular Army and members assigned
to those units.
(B) Units of the regular Marine Corps and members
assigned to those units.
(C) Units of the regular Navy and members assigned
to those units.
(D) Units of the regular Air Force and members
assigned to those units.
(b) Reserve Components.--
(1) In general.--No unit of the Armed Forces specified in
paragraph (3) may be deployed in support of Operation Iraqi
Freedom unless the period between the most recent previous
deployment of the unit and a subsequent deployment of the unit
is at least three times longer than the period of such most
recent previous deployment.
(2) Sense of congress on mobilization and optimal minimum
period between deployments.--It is the sense of Congress that
the units of the reserve components of the Armed Forces should
not be mobilized continuously for more than one year, and the
optimal minimum period between the previous deployment of a
unit of the Armed Forces specified in paragraph (3) and a
subsequent deployment of the unit in support of Operation Iraqi
Freedom should be five years.
(3) Covered units.--The units of the Armed Forces specified
in this paragraph are as follows:
(A) Units of the Army Reserve and members assigned
to those units.
(B) Units of the Army National Guard and members
assigned to those units.
(C) Units of the Marine Corps Reserve and members
assigned to those units.
(D) Units of the Navy Reserve and members assigned
to those units.
(E) Units of the Air Force Reserve and members
assigned to those units.
(F) Units of the Air National Guard and members
assigned to those units.
(c) Exemptions.--The limitations in subsections (a) and (b) do not
apply--
(1) to special operations forces as identified pursuant to
section 167(i) of title 10, United States Code; and
(2) to units of the Armed Forces needed, as determined by
the Secretary of Defense, to assist in the redeployment of
members of the Armed Forces from Iraq to another operational
requirement or back to their home stations.
(d) Waiver by the President.--The President may waive the
limitation in subsection (a) or (b) with respect to the deployment of a
unit of the Armed Forces to meet a threat to the national security
interests of the United States if the President certifies to Congress
within 30 days that the deployment of the unit is necessary for such
purposes.
(e) Waiver by Military Chief of Staff or Commandant for Voluntary
Mobilizations.--
(1) Army.--With respect to the deployment of a member of
the Army who has voluntarily requested mobilization, the
limitation in subsection (a) or (b) may be waived by the Chief
of Staff of the Army.
(2) Navy.--With respect to the deployment of a member of
the Navy who has voluntarily requested mobilization, the
limitation in subsection (a) or (b) may be waived by the Chief
of Naval Operations.
(3) Marine corps.--With respect to the deployment of a
member of the Marine Corps who has voluntarily requested
mobilization, the limitation in subsection (a) or (b) may be
waived by the Commandant of the Marine Corps.
(4) Air force.--With respect to the deployment of a member
of the Air Force who has voluntarily requested mobilization,
the limitation in subsection (a) or (b) may be waived by the
Chief of Staff of the Air Force.
(f) Definitions.--In this Act:
(1) Deployment.--The term ``deployment'' or ``deployed''
means the relocation of forces and materiel to desired areas of
operations and encompasses all activities from origin or home
station through destination, including staging, holding, and
movement in and through the United States and all theaters of
operation.
(2) Unit.--The term ``unit'' means a unit that is
deployable and is commanded by a commissioned officer of the
Army, Navy, Air Force, or Marine Corps serving in the grade of
major or, in the case of the Navy, lieutenant commander, or a
higher grade.
(g) Effective Date.--This Act shall take effect on the date of the
enactment of this Act.
Passed the House of Representatives August 2, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | Ensuring Military Readiness Through Stability and Predictability Deployment Policy Act of 2007 - Prohibits any unit of the regular Armed Forces from being deployed for Operation Iraqi Freedom unless the period between the most recent previous deployment and a subsequent deployment is equal to or longer than the period of the most recent previous deployment. Expresses the sense of Congress that the optimal minimum period between such deployments should be equal to or longer than twice the period of the most recent previous deployment.
Prohibits any unit of the reserves from being deployed for such Operation unless the period between the most recent previous deployment and a subsequent deployment is at least three times longer than the period of the most recent previous deployment. Expresses the sense of Congress that units of the reserves should not be mobilized continuously for more than one year, and that the optimal minimum period between such deployments should be five years.
Provides exceptions from deployment requirements with respect to: (1) special operations forces; and (2) units needed to assist in the redeployment of members from Iraq to another operational requirement or back to their home stations.
Authorizes the: (1) President to waive deployment requirements if the President certifies to Congress within 30 days that the deployment is necessary to meet U.S. national security interests; and (2) chief of staff of the military department concerned to waive such requirements with respect to a member who has voluntarily requested mobilization. | {"src": "billsum_train", "title": "To mandate minimum periods of rest and recuperation for units and members of the regular and reserve components of the Armed Forces between deployments for Operation Iraqi Freedom or Operation Enduring Freedom."} | 1,252 | 304 | 0.727459 | 2.147037 | 0.957301 | 4.879699 | 4.289474 | 0.924812 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Cell Tax Extenders Act of
2015''.
SEC. 2. EXTENSION AND MODIFICATION OF FUEL CELL CREDITS.
(a) Extension of Residential Energy Efficient Property Credit for
Qualified Fuel Cell Property.--
(1) In general.--Section 25D(g) of the Internal Revenue
Code of 1986 is amended by inserting after ``property placed in
service after December 31, 2016'' the following: ``(December
31, 2021, in the case of qualified fuel cell property (as
defined in section 48(c)(1)))''.
(2) Effective date.--The amendment made by this subsection
shall apply to property placed in service after the date of the
enactment of this Act.
(b) Extension of Energy Credit.--
(1) In general.--Section 48(c)(1)(D) of the Internal
Revenue Code of 1986 is amended--
(A) by striking ``for any period'' and inserting
``on which construction was commenced'', and
(B) by striking ``December 31, 2016'' and inserting
``December 31, 2021''.
(2) Effective date.--The amendments made by this subsection
shall apply to property on which construction was commenced
after the date of the enactment of this Act.
SEC. 3. EXTENSION AND MODIFICATION OF HYDROGEN-RELATED CREDITS.
(a) Extension of Alternative Motor Vehicle Credit.--
(1) In general.--Section 30B(k)(1) of the Internal Revenue
Code of 1986 is amended by striking ``December 31, 2014'' and
inserting ``December 31, 2021''.
(2) Effective date.--The amendment made by this subsection
shall apply to property purchased after December 31, 2014.
(b) Extension and Modification of Alternative Fuel Vehicle
Refueling Property Credit.--
(1) Extension.--Section 30C(g) of the Internal Revenue Code
of 1986 is amended by striking ``placed in service after
December 31, 2014'' and inserting the following: ``placed in
service--
``(1) in the case of property relating to hydrogen, after
December 31, 2021, and
``(2) in the case of any other property, after December 31,
2014''.
(2) Increase in limitation.--Section 30C(b) of the Internal
Revenue Code of 1986 is amended--
(A) in paragraph (1) by striking ``, and'' and
inserting ``that does not relate to hydrogen,'',
(B) by redesignating paragraph (2) as paragraph
(3), and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) $200,000 in the case of a property of a character
subject to an allowance for depreciation that relates to
hydrogen, and''.
(3) Expansion of credit for hydrogen-related alternative
fuel vehicle refueling property.--
(A) In general.--Section 30C(c) of the Internal
Revenue Code of 1986 is amended by striking ``and'' 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) with respect to property described in section
179A(d)(3)(A) for the storage or dispensing of fuel at least 85
percent of the volume of which consists of hydrogen, the
reference to motor vehicles in section 179A(d)(3)(A) includes
specified off-highway vehicles.''.
(B) Specified off-highway vehicles defined.--
Section 30C(e) of such Code is amended by striking
paragraph (6) and inserting the following:
``(6) Specified off-highway vehicles.--For purposes of
subsection (c)(3)--
``(A) In general.--The term `specified off-highway
vehicles' means all types of vehicles propelled by
motor that are designed for carrying or towing loads
from one place to another, regardless of the type of
load or material carried or towed and whether or not
the vehicle is registered or required to be registered
for highway use, including fork lift trucks used to
carry loads at railroad stations, industrial plants,
and warehouses.
``(B) Exceptions.--Such term does not include--
``(i) farm tractors, trench diggers, power
shovels, bulldozers, road graders or rollers,
and similar equipment which does not carry or
tow a load, and
``(ii) any vehicle that operates
exclusively on a rail or rails.''.
(4) Effective date.--The amendments made by this subsection
shall apply to property placed in service after December 31,
2014.
(c) Extension and Modification of Alternative Fuel Credit for
Hydrogen.--
(1) Extension.--Section 6426(d)(5) of the Internal Revenue
Code of 1986 is amended by inserting after ``December 31,
2014'' the following: ``(December 31, 2021, in the case of any
sale or use involving hydrogen)''.
(2) Expansion of credit to all hydrogen.--Section
6426(d)(2)(D) of such Code is amended by striking ``liquefied
hydrogen'' and inserting ``hydrogen''.
(3) Effective date.--The amendments made by this subsection
shall apply to property sold or used after December 31, 2014. | Fuel Cell Tax Extenders Act of 2015 This bill amends the Internal Revenue Code to extend through 2021: the residential energy efficient property tax credit for qualified fuel cell property, the energy tax credit for qualified fuel cell property, the alternative motor vehicle tax credit for qualified fuel cell motor vehicles, the tax credit for alternative fuel vehicle refueling property relating to hydrogen, and the excise tax credit for the sale or use of alternative fuels involving hydrogen. | {"src": "billsum_train", "title": "Fuel Cell Tax Extenders Act of 2015"} | 1,231 | 98 | 0.598824 | 1.374334 | 0.743195 | 2.404494 | 11.955056 | 0.876404 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Support Reserve Trust Act''.
SEC. 2. STATE OBLIGATION TO PROVIDE CHILD SUPPORT RESERVE TRUST SYSTEM.
Section 454 of the Social Security Act (42 U.S.C. 654) is amended--
(1) in paragraph (32) by striking ``and'' at the end;
(2) in paragraph (33) by striking the period at the end and
inserting ``; and''; and
(3) by inserting after paragraph (33) the following new
paragraph:
``(34) provide that, on and after January 1, 2000, the
State agency will have in effect a State reserve trust system
that meets the requirements of section 454C.''.
SEC. 3. REQUIREMENTS OF CHILD SUPPORT RESERVE TRUST SYSTEM.
The Social Security Act is amended by inserting after section 454B
(42 U.S.C. 654b) the following new section:
``SEC. 454C. RESERVE TRUST SYSTEM.
``(a) In General.--In order for a State to meet the requirements of
this section, the State must--
``(1) have in effect laws requiring the use of the
procedures described in subsection (b); and
``(2) establish and operate a unit (which shall be known as
the State reserve trust unit) that has authority to carry out,
and shall carry out, such laws and procedures.
``(b) Required procedures.--The procedures described in this
subsection are procedures to carry out the following:
``(1) Withholding of anticipated future child support.--On
any sale or refinancing by a person of any real property in the
State against which a lien for amounts of overdue support owed
by the person has ever arisen, without regard to whether such
lien has ever been extinguished, the State reserve trust unit
shall--
``(A) withhold the net proceeds of the person from
the sale or refinancing;
``(B) apply the net proceeds withheld under
subparagraph (A) to any overdue support owed by the
person;
``(C) determine the anticipated future child
support of the person;
``(D) hold in trust, for the benefit of the child
or children for whom the person has a support
obligation, an amount equal to the lesser of--
``(i) the anticipated future child support
determined under subparagraph (C); and
``(ii) the net proceeds withheld under
subparagraph (A), as reduced by any application
of such proceeds under subparagraph (B); and
``(E) distribute to the person any amounts not held
in trust under subparagraph (D).
``(2) Application of amounts withheld to overdue child
support.--If a person owes overdue child support with respect
to a child, and the State reserve trust unit holds in trust
amounts withheld from the person for the benefit of the child,
the State reserve trust unit shall promptly apply such amounts
to satisfy such overdue child support, if the State reserve
trust unit determines that all other remedies available under
the laws of the State are insufficient to satisfy the overdue
child support.
``(3) Adjustment of amounts withheld.--If the State reserve
trust unit holds in trust amounts withheld from a person for
the benefit of a child, and the support obligation of the
person with respect to the child is adjusted under otherwise
available State procedures, the State reserve trust unit shall
promptly--
``(A) redetermine the anticipated future child
support of the person with respect to the child; and
``(B) if the amounts held in trust are less than
the anticipated future child support as redetermined
under subparagraph (A), distribute the difference to
the person.
``(4) Termination of trust.--If the State reserve trust
unit holds in trust amounts withheld from a person for the
benefit of a child, the State reserve trust unit shall
distribute the amounts to the person if--
``(A) the person does not owe overdue child support
with respect to the child; and
``(B) the support obligation of the person with
respect to the child has finally ceased.
``(c) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Anticipated future child support.--The term
`anticipated future child support' means the present value of
each child support payment that will come due under the support
obligation of the person, assuming that the support obligation
will finally cease solely because the child has attained an age
requiring the termination of the support obligation.
``(2) Finally cease.--The term `finally cease' means to
cease--
``(A) because the person or the child has died;
``(B) because the child has attained an age
requiring the termination of the support obligation;
``(C) because the relationship of parent and child
has been terminated by a final judicial act, such as an
order establishing nonpaternity or an order
emancipating the child; or
``(D) because of any other circumstance that
results in cessation under State law that is permanent,
substantial, and not solely a change in custody.''. | Requires a State reserve unit to: (1) withhold the net proceeds from the sale or refinancing of real property in the State against which a lien for overdue child support by the seller or refinancer has arisen; (2) hold a certain amount of such proceeds (anticipated future child support) in trust for the benefit of the child or children for whom the person has a support obligation; and (3) apply such amounts to satisfy such overdue child support, if all other available remedies are insufficient to do so. | {"src": "billsum_train", "title": "Child Support Reserve Trust Act"} | 1,181 | 119 | 0.568858 | 1.531956 | 0.599452 | 3.792079 | 10.70297 | 0.940594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Hospitals Act of 2009''.
SEC. 2. REQUIREMENT FOR PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED
INFECTIONS DATA BY HOSPITALS AND AMBULATORY SURGICAL
CENTERS.
(a) In General.--Part B of title II of the Public Health Service
Act (42 U.S.C. 238 et seq.) is amended by adding at the end the
following section:
``SEC. 249. REQUIREMENT FOR PUBLIC REPORTING OF HEALTH CARE-ASSOCIATED
INFECTIONS DATA BY HOSPITALS AND AMBULATORY SURGICAL
CENTERS.
``(a) Reporting Requirement.--In accordance with Centers for
Disease Control and Prevention reporting protocols of the National
Healthcare Safety Network, a hospital or ambulatory surgical center
shall report to the Centers for Disease Control and Prevention's
National Healthcare Safety Network the data on each health care-
associated infection occurring in the hospital or center and patient
demographic information that may affect such data.
``(b) Public Posting of Data.--The Secretary shall promptly post,
on the official public Internet site of the Department of Health and
Human Services, the data reported under subsection (a). Such data shall
be set forth in a manner that promotes the comparison of data on each
health-care associated infection--
``(1) among hospitals and ambulatory surgical centers; and
``(2) by patient demographic information.
``(c) Annual Report to Congress.--For each year for which data is
reported under subsection (a) for any calendar quarter in the year, the
Secretary shall submit to the Congress a report that summarizes each of
the following:
``(1) The number and types of each health care-associated
infection reported under subsection (a) in hospitals and
ambulatory surgical centers during such year.
``(2) Factors that contribute to the occurrence of each
such infections.
``(3) Based on the most recent information available to the
Secretary on the composition of the professional staff of
hospitals and ambulatory surgical centers, the number of
certified infection control professionals on the staff of
hospitals and ambulatory surgical centers.
``(4) The total increases or decreases in health care costs
that resulted from increases or decreases in the rates of
occurrence of each such infection during such year.
``(5) Recommendations for best practices to eliminate the
rates of occurrence of each such infection in hospitals and
ambulatory surgical centers.
``(d) Civil Money Penalty.--The Secretary may impose a civil money
penalty of not more than $5,000 for each knowing violation of
subsection (a) by a hospital or ambulatory surgical center. A civil
money penalty under this subsection shall be imposed and collected in
the same manner as a civil money penalty under subsection (a) of
section 1128A of the Social Security Act is imposed and collected under
that section.
``(e) Non-preemption of State Laws.--Nothing in this section shall
be construed as preempting or otherwise affecting any provision of
State law relating to the disclosure of information on health care-
associated infections or patient safety procedures for a hospital or
ambulatory surgical center.
``(f) Health Care-associated Infection.--For purposes of this
section:
``(1) In general.--The term `health care-associated
infection' means an infection that develops in a patient who is
cared for in any setting where health care is delivered (such
as an acute care hospital, chronic care facility, ambulatory
clinic, dialysis center, surgical center, or home) and is
related to receiving health care. In ambulatory and home
settings, such term applies to any infection that is associated
with a medical or surgical intervention.
``(2) Related to receiving health care.--The term `related
to receiving health care', with respect to an infection, means
that the infection was not incubating or present at the time
the health care involved was provided.
``(g) Application to Critical Access Hospitals.--For purposes of
this section, the term `hospital' includes a critical access hospital,
as defined in section 1861(mm)(1) of the Social Security Act.''.
(b) Effective Date.--With respect to section 249 of the Public
Health Service Act (as added by subsection (a) of this section), the
requirement under such section that hospitals and ambulatory surgical
centers submit reports takes effect upon the expiration of the one-year
period beginning on the date of the enactment of this Act.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that health care providers and
facilities should take measures to reduce the rate of occurrence of
health care-associated infections to zero, with respect to patients to
whom such providers and facilities furnish services. | Healthy Hospitals Act of 2009 - Amends the Public Health Service Act to require a hospital or ambulatory surgical center (hospital), in accordance with Centers for Disease Control and Prevention (CDC) reporting protocols of the National Healthcare Safety Network, to report to the Network data on each health care-associated infection occurring in the hospital and patient demographic information that may affect such data.
Requires the Secretary of Health and Human Services to promptly post data reported on the Department of Health and Human Services (HHS) public Internet site in a manner that promotes the comparison of data on each health care-associated infection: (1) among hospitals; and (2) by patient demographic information.
Directs the Secretary, for each year for which such data is reported, to submit to Congress a report that summarizes: (1) the number and types of health care-associated infections reported in hospitals; (2) factors that contribute to the occurrence of such infections; (3) the number of certified infection control professionals on staff; (4) the total increases or decreases in health care costs that resulted from changes in infection rates; and (5) recommendations for best practices to eliminate such infections.
Authorizes the Secretary to impose a civil penalty of up to $5,000 for each knowing violation of the reporting requirement by a hospital.
Expresses the sense of Congress that health care providers and facilities should take measures to reduce the rate of occurrence of health care-associated infections to zero. | {"src": "billsum_train", "title": "To require public reporting of health care-associated infections data by hospitals and ambulatory surgical centers, and for other purposes."} | 1,096 | 301 | 0.740541 | 2.108855 | 0.88146 | 4.944444 | 3.361111 | 0.965278 |
SECTION 1. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--The Congress makes the following findings:
(1)(A) With increasing regional integration, the value of
Caribbean trade for the United States is well established.
(B) Collectively, it is estimated that the 24 countries of
the Caribbean Basin represent a market of more than 50,000,000
people that has become the tenth largest destination for United
States goods and services.
(2) Although the expansion of democracy throughout most of
the Western Hemisphere has brought economic liberalization and
reform, assistance is still required to continue the reforms
and to diversify and stimulate investment in the Caribbean
Basin region.
(3) While progress has been made by many of the Caribbean
Basin countries in areas that coincide with the security,
economic, and humanitarian interests of the United States, much
more needs to be done.
(4)(A) The Castro regime in Cuba is not a democratically
elected government. It systemically violates the individual
civil liberties and human rights of its citizens, does not have
a market-oriented economy, and has made it abundantly clear
that it will not engage in any substantive reforms that would
lead to a democracy and market economy for Cuba.
(B) The totalitarian nature of the Castro regime has
deprived the Cuban people of any peaceful means to improve
their condition and has led thousands of Cuban citizens to risk
or lose their lives in dangerous attempts to escape from Cuba
to freedom.
(5) Since the beginning of the Castro regime, it has been
the policy of the United States to isolate and sanction this
totalitarian regime.
(b) Declaration of Policy.--The Congress declares the following:
(1) United States trade policy must be consistent with
United States foreign policy and recipients of foreign
assistance must be held accountable for decisions that run
contrary, or could endanger, United States interests and
objectives in the Western Hemisphere.
(2) Safeguard mechanisms must be established to ensure that
United States foreign assistance or United States trade
agreements with other countries are not used in any way to
benefit the Castro regime.
SEC. 2. WITHHOLDING OF UNITED STATES ASSISTANCE TO CARIBBEAN BASIN
INITIATIVE COUNTRIES THAT OFFER SUPPORT FOR MEMBERSHIP
FOR THE GOVERNMENT OF CUBA INTO CARICOM OR CACM.
Beginning 90 days after the date of the enactment of this Act, the
President shall withhold assistance under the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) (other than humanitarian assistance) to
any Caribbean Basin Initiative country that uses its voice or vote in
the Caribbean Community (CARICOM) or the Central American Common Market
(CACM) to support provisional, permanent, or any other form of
membership for the Government of Cuba into CARICOM or CACM.
SEC. 3. PROHIBITION ON PROVISION OF CERTAIN TARIFF TREATMENT TO
CARIBBEAN BASIN INITIATIVE COUNTRIES THAT OFFER
MEMBERSHIP FOR THE GOVERNMENT OF CUBA INTO CARICOM OR
CACM OR THAT NEGOTIATE A FREE TRADE AREA AGREEMENT WITH
CUBA.
Beginning 90 days after the date of the enactment of this Act, the
President shall deny temporary or permanent tariff treatment to
products of a Caribbean Basin Initiative country that is equivalent to
treatment provided to products of a NAFTA country if such Caribbean
Basin Initiative country--
(1) uses its voice or vote in CARICOM or CACM to support
provisional, permanent, or any other form of membership for the
Government of Cuba into CARICOM or CACM; or
(2) enters into negotiations with the Government of Cuba
toward a free trade area agreement with Cuba.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) CACM.--The term ``CACM'' means the Central American
Common Market established by the 1960 General Treaty on Central
American Economic Integration.
(2) Caribbean basin initiative country.--The term
``Caribbean Basin Initiative country'' means a country
designated as a beneficiary country under section 212 of the
Caribbean Basin Economic Recovery Act for purposes of title II
of such Act.
(3) CARICOM.--The term ``CARICOM'' means the Caribbean
Community established by the 1973 Treaty of Chaguaramas.
(4) Government of cuba.--The term ``Government of Cuba''--
(A) includes any agency or instrumentality of the
Government of Cuba, and the government of any political
subdivision of Cuba; and
(B) does not include--
(i) a transition government in Cuba, as
described in section 205 of the Cuban Liberty
and Democratic Solidarity (LIBERTAD) Act of
1996; or
(ii) a democratically elected government in
Cuba, as described in section 206 of such Act.
(5) NAFTA country.--The term ``NAFTA country'' has the
meaning given such term in section 2 of the North American Free
Trade Agreement Implementation Act. | Directs the President to withhold foreign assistance funds (other than humanitarian assistance) to any Caribbean Basin Initiative (CBI) country that uses its voice or vote in the Caribbean Community (CARICOM) or the Central American Common Market (CACM) to support provisional or permanent membership for Cuba in CARICOM or CACM.
Directs the President to deny temporary or permanent tariff treatment of products of a CBI country that is equivalent to treatment provided to products of a North American Free Trade Agreement (NAFTA) country if such CBI country: (1) uses its voice or vote to support provisional or permanent membership for Cuba in CARICOM or CACM; or (2) enters into negotiations for a free trade area agreement with Cuba. | {"src": "billsum_train", "title": "To withhold foreign assistance to Caribbean Basin Initiative countries that support membership for the Government of Cuba into the Caribbean Community (CARICOM) or the Central American Common Market (CACM), and for other purposes."} | 1,110 | 158 | 0.534543 | 1.59457 | 0.678737 | 5.007299 | 7.021898 | 0.948905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bottle Recycling Climate Protection
Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The energy required to manufacture beverage containers
from recycled containers is often less than the energy required
to create new beverage container materials from raw materials.
(2) Recycling beverage containers would reduce municipal
solid waste and reduce the energy and heat-trapping emissions
generated in the manufacture of new aluminum, plastics, and
other beverage container materials.
(3) An average of 350,000,000 beverage bottles and cans are
sent to landfills, incinerated, or littered every day.
(4) In 2006, less than half of the 100,000,000,000 aluminum
beverage cans purchased were recycled, resulting in the waste
of 800,000 tons of aluminum. Nine of ten plastic water bottles,
30,000,000 bottles a year, end up as garbage or litter, where
they take up to 1,000 years to biodegrade.
(5) A national system for requiring a refund value on the
sale of all beverage containers would provide a positive
incentive to individuals to clean up the environment, and would
result in a high level of reuse and recycling of such
containers and help reduce the costs and environmental dangers
associated with solid waste management and container
manufacturing.
(6) States with bottle bills have container recycling rates
ranging from 60 percent to over 90 percent, compared to the
national average recycling rate of 34 percent.
(7) A national system of beverage container recycling is
consistent with the intent of the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT.
(a) Amendment.--The Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) is amended by adding the following new subtitle at the end
thereof:
``Subtitle K--Beverage Container Recycling
``SEC. 12001. DEFINITIONS.
``For purposes of this subtitle--
``(1) The term `beverage' means water, mineral water, soda
water, flavored water, sports drinks, juice, iced tea, wine
cooler, beer or other malt beverage, or a carbonated
nonalcoholic beverage of any variety in liquid form intended
for human consumption, but does not include milk or other dairy
products or dairy-derived products.
``(2) The term `beverage container' means a container
constructed of metal, glass, plastic, or some combination of
these materials and having a capacity of up to one gallon of
liquid and which is or has been sealed and used to contain a
beverage for sale in interstate commerce.
``(3) The term `beverage distributor' means a person who
sells or offers for sale in interstate commerce to beverage
retailers beverages in beverage containers for resale.
``(4) The term `beverage retailer' means a person who
purchases from a beverage distributor beverages in beverage
containers for sale to a consumer or who sells or offers to
sell in commerce beverages in beverage containers to a
consumer, but does not include a person who sells or offers to
sell the beverages for consumption on the premises.
``(5) The term `consumer' means a person who purchases a
beverage container for any use other than resale.
``(6) The term `refund value' means the amount specified as
the refund value of a beverage container under section 12002.
``(7) The term `wine cooler' means a drink containing less
than 8 percent alcohol (by volume), consisting of wine and
plain, sparkling, or carbonated water and containing any one or
more of the following: nonalcoholic beverage, flavoring,
coloring materials, fruit juices, fruit adjuncts, sugar, carbon
dioxide, preservatives.
``SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.
``Except as otherwise provided in section 12007, no beverage
distributor or beverage retailer may sell or offer for sale in
interstate commerce a beverage in a beverage container unless there is
clearly, prominently, and securely affixed to, or printed on, the
container a statement of the refund value of the container in the
amount of 5 cents. The Administrator shall promulgate rules
establishing uniform standards for the size and location of the refund
value statement on beverage containers. The 5 cent amount specified in
this section shall be subject to adjustment by the Administrator as
provided in section 12008.
``SEC. 12003. ORIGINATION OF REFUND VALUE.
``For each beverage in a beverage container sold in interstate
commerce to a beverage retailer by a beverage distributor, the
distributor shall collect from the retailer the amount of the refund
value shown on the container. With respect to each beverage in a
beverage container sold in interstate commerce to a consumer by a
beverage retailer, the retailer shall collect from the consumer the
amount of the refund value shown on the container. No person other than
the persons described in this section may collect a deposit on a
beverage container.
``SEC. 12004. RETURN OF REFUND VALUE.
``(a) Payment by Retailer.--
``(1) In general.--Except as provided in paragraph (2), if
any person tenders for refund an empty and unbroken beverage
container to a beverage retailer who sells (or has sold at any
time during the period of 3 months ending on the date of such
tender) the same brand of beverage in the same kind and size of
container, the retailer shall promptly pay such person the
amount of the refund value stated on the container.
``(2) Exceptions.--A retailer shall not be required to
accept tender of a beverage container under paragraph (1)--
``(A) if the beverage container contains or is
contaminated by a hazardous waste;
``(B) in excess of 600 individual beverage
containers per day if the retailer occupies a space
less than 5,000 square feet; or
``(C) in excess of 1,800 individual beverage
containers per day if the retailer occupies a space
greater than 5,000 square feet.
``(b) Payment by Distributor.--If any person tenders for refund an
empty and unbroken beverage container to a beverage distributor who
sells (or has sold at any time during the period of 3 months ending on
the date of such tender) the same brand of beverage in the same kind
and size of container, the distributor shall promptly pay such person
(1) the amount of the refund value stated on the container, plus (2) an
amount equal to at least 3 cents per container to help defray the cost
of handling. This subsection shall not preclude any person from
tendering beverage containers to persons other than beverage
distributors.
``(c) Agreements.--(1) Nothing in this subtitle shall preclude
agreements between distributors, retailers, or other persons to
establish centralized beverage collection centers, including centers
which act as agents of such retailers.
``(2) Nothing in this subtitle shall preclude agreements between
beverage retailers, beverage distributors, or other persons for the
crushing or bundling (or both) of beverage containers.
``(d) Broken Containers.--The opening of a beverage container in a
manner in which it was designed to be opened and the compression of a
beverage container made of metal or plastic shall not, for purposes of
this section, constitute the breaking of the container if the statement
of the amount of the refund value of the container is still readable.
``SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND PROVISIONS FOR STATE
RECYCLING FUNDS.
``(a) Unclaimed Refunds.--At the end of each calendar year each
beverage distributor shall pay to each State an amount equal to the sum
by which the total refund value of all containers sold by the
distributor for resale in that State during that year exceeds the total
sum paid during that year by the distributor under section 12004(b) to
persons in that State. The total of unclaimed refunds received by any
State under this section shall be available to carry out programs
designed to reduce greenhouse gas emissions within the State.
``(b) Refunds in Excess of Collections.--If the total of payments
made by a beverage distributor in any calendar year under section
12004(b) for any State exceed the total refund value of all containers
sold by the distributor for resale in that State, the excess shall be
credited against the amount otherwise required to be paid by the
distributor to that State under subsection (a) for a subsequent
calendar year designated by the beverage distributor.
``SEC. 12006. PROHIBITIONS ON DISPOSAL.
``No retailer or distributor or agent of a retailer or distributer
may dispose of any beverage container labeled under section 12002 or
any metal, glass, or plastic from such a beverage container (other than
the top or other seal thereof) in any landfill or other solid waste
disposal facility.
``SEC. 12007. EXEMPTED STATES.
``(a) In General.--The provisions of sections 12002 through 12005
and sections 12008 and 12009 of this subtitle shall not apply in any
State which--
``(1) has adopted and implemented, before the date of
enactment of this subtitle, a law requiring beverage container
deposits; or
``(2) demonstrates to the Administrator that, for any
period of 12 consecutive months following the date of enactment
of this subtitle, such State achieved a recycling or reuse rate
for beverage containers of at least--
``(A) 50 percent for the first 3 years after the
date of enactment of this subtitle;
``(B) 60 percent for the subsequent 2 year period;
and
``(C) 70 percent during any period thereafter.
Paragraph (1) shall only apply with respect to the first 3 years after
the date of enactment of this subtitle. If at any time following a
determination under paragraph (2) that a State has achieved the
applicable percentage recycling or reuse rate the Administrator
determines that such State has failed, for any 12-consecutive month
period, to maintain at least the applicable percentage recycling or
reuse rate of its beverage containers, the Administrator shall notify
such State that, upon the expiration of the 90-day period following
such notification, the provisions under sections 12002 through 12005
and sections 12008 and 12009 shall be applicable to that State until a
subsequent determination is made under subparagraph (A) or a
demonstration is made under subparagraph (B).
``(b) Determination of Tax.--No State or political subdivision
which imposes any tax on the sale of any beverage container may impose
a tax on any amount attributable to the refund value of such container.
``(c) Effect on Other Laws.--Nothing in this subtitle shall be
construed to affect the authority of any State or political subdivision
thereof to enact or enforce (or continue in effect) any law respecting
a refund value on containers other than beverage containers or from
regulating redemption and other centers which purchase empty beverage
containers from beverage retailers, consumers, or other persons.
``SEC. 12008. REGULATIONS.
``Not later than 12 months after the date of enactment of this
subtitle, the Administrator shall prescribe regulations to carry out
this subtitle. The regulations shall include a definition of the term
`beverage retailer' in a case in which beverages in beverage containers
are sold to consumers through beverage vending machines. Such
regulations shall also adjust the 5 cent amount specified in section
12002 and the 2 cent amount specified in section 12004 to account for
inflation. Such adjustment shall be effective 10 years after the date
of enactment of this subtitle and additional adjustments shall take
effect at 10 year intervals thereafter. The regulations shall also
permit the Administrator to increase such amounts by an additional
amount after the expiration of 5 years after the date of enactment of
this subtitle.
``SEC. 12009. PENALTIES.
``Any person who violates any provision of section 12002, 12003,
12004, or 12006 shall be subject to a civil penalty of not more than
$1,000 for each violation. Any person who violates any provision of
section 12005 shall be subject to a civil penalty of not more than
$10,000 for each violation.
``SEC. 12010. EFFECTIVE DATE.
``Except as provided in section 12008, this subtitle shall take
effect 2 years after the date of its enactment.''.
(b) Table of Contents.--The table of contents for such Act is
amended by adding the following at the end thereof:
``Subtitle K--Beverage Container Recycling
``Sec. 12001. Definitions.
``Sec. 12002. Required beverage container labeling.
``Sec. 12003. Origination of refund value.
``Sec. 12004. Return of refund value.
``Sec. 12005. Accounting for unclaimed refunds and provisions for State
recycling funds.
``Sec. 12006. Prohibitions on disposal.
``Sec. 12007. Exempted States.
``Sec. 12008. Regulations.
``Sec. 12009. Penalties.
``Sec. 12010. Effective date.''. | Bottle Recycling Climate Protection Act of 2007 - Amends the Solid Waste Disposal Act to prohibit retailers and distributors from selling beverages (water, mineral water, soda water, flavored water, sports drinks, juice, iced tea, wine coolers, beer, or carbonated nonalcoholic beverages) in containers that do not display a statement of a refund value of five cents.Requires: (1) distributors to collect the refund value for each beverage sold to retailers; and (2) retailers to collect the refund value for each beverage sold to consumers. Requires: (1) retailers to pay the refund on returned unbroken containers of brands sold for up to a specified number of containers per day based on the square footage of the retailer's space (excluding any container contaminated by a hazardous waste); and (2) distributors to pay the refund on returned containers of brands sold, plus at least three cents per container for handling costs. Directs distributors to pay to a state, annually, unclaimed refund amounts, which shall be available to the state for programs designed to reduce greenhouse gas emissions. Prohibits distributors and retailers from disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities.Exempts states that have implemented laws requiring beverage container deposits or that have demonstrated achievement of specified recycling or reuse rates for beverage containers. Prohibits states or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Provides for the adjustment for inflation of the refund amounts at ten-year intervals. Prescribes civil penalties for violations of this Act. | {"src": "billsum_train", "title": "To amend the Solid Waste Disposal Act to require a refund value for certain beverage containers, and to provide resources for State pollution prevention and recycling programs, and for other purposes."} | 2,922 | 376 | 0.578702 | 1.828843 | 0.679003 | 2.856269 | 8.214067 | 0.892966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reforming an Entitlement through
Premium Adjustments based on Income Resources (REPAIR) Act of 2007''.
SEC. 2. INCOME-RELATED REDUCTION IN PART D PREMIUM SUBSIDY.
(a) Income-Related Reduction in Part D Premium Subsidy.--
(1) In general.--Section 1860D-13(a) of the Social Security
Act (42 U.S.C. 1395w-113(a)) is amended by adding at the end
the following new paragraph:
``(7) Reduction in premium subsidy based on income.--
``(A) In general.--In the case of an individual
whose modified adjusted gross income exceeds the
threshold amount applicable under paragraph (2) of
section 1839(i) (including application of paragraph (5)
of such section) for the calendar year, the monthly
amount of the premium subsidy applicable to the premium
under this section for a month after December 2008
shall be reduced (and the monthly beneficiary premium
shall be increased) by the monthly adjustment amount
specified in subparagraph (B).
``(B) Monthly adjustment amount.--The monthly
adjustment amount specified in this subparagraph for an
individual for a month in a year is equal to the
product of--
``(i) the quotient obtained by dividing--
``(I) the applicable percentage
determined under paragraph (3)(C) of
section 1839(i) (including application
of paragraph (5) of such section) for
the individual for the calendar year
reduced by 25.5 percent; by
``(II) 25.5 percent; and
``(ii) the base beneficiary premium (as
computed under paragraph (2)).
``(C) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' has the meaning given such term in subparagraph
(A) of section 1839(i)(4), determined for the taxable
year applicable under subparagraphs (B) and (C) of such
section.
``(D) Determination by commissioner of social
security.--The Commissioner of Social Security shall
make any determination necessary to carry out the
income-related reduction in premium subsidy under this
paragraph.
``(E) Procedures to assure correct income-related
reduction in premium subsidy.--
``(i) Disclosure of base beneficiary
premium.--Not later than September 15 of each
year beginning with 2008, the Secretary shall
disclose to the Commissioner of Social Security
the amount of the base beneficiary premium (as
computed under paragraph (2)) for the purpose
of carrying out the income-related reduction in
premium subsidy under this paragraph with
respect to the following year.
``(ii) Additional disclosure.--Not later
than October 15 of each year beginning with
2008, the Secretary shall disclose to the
Commissioner of Social Security the following
information for the purpose of carrying out the
income-related reduction in premium subsidy
under this paragraph with respect to the
following year:
``(I) The modified adjusted gross
income threshold applicable under
paragraph (2) of section 1839(i)
(including application of paragraph (5)
of such section).
``(II) The applicable percentage
determined under paragraph (3)(C) of
section 1839(i) (including application
of paragraph (5) of such section).
``(III) The monthly adjustment
amount specified in subparagraph (B).
``(IV) Any other information the
Commissioner of Social Security
determines necessary to carry out the
income-related reduction in premium
subsidy under this paragraph.
``(F) Rule of construction.--The formula used to
determine the monthly adjustment amount specified under
subparagraph (B) shall only be used for the purpose of
determining such monthly adjustment amount under such
subparagraph.''.
(2) Collection of monthly adjustment amount.--Section
1860D-13(c) of the Social Security Act (42 U.S.C. 1395w-113(c))
is amended--
(A) in paragraph (1), by striking ``(2) and (3)''
and inserting ``(2), (3), and (4)''; and
(B) by adding at the end the following new
paragraph:
``(4) Collection of monthly adjustment amount.--
``(A) In general.--Notwithstanding any provision of
this subsection or section 1854(d)(2), subject to
subparagraph (B), the amount of the income-related
reduction in premium subsidy for an individual for a
month (as determined under subsection (a)(7)) shall be
paid through withholding from benefit payments in the
manner provided under section 1840.
``(B) Agreements.--In the case where the monthly
benefit payments of an individual that are withheld
under subparagraph (A) are insufficient to pay the
amount described in such subparagraph, the Commissioner
of Social Security shall enter into agreements with the
Secretary, the Director of the Office of Personnel
Management, and the Railroad Retirement Board as
necessary in order to allow other agencies to collect
the amount described in subparagraph (A) that was not
withheld under such subparagraph.''.
(b) Conforming Amendments.--
(1) Medicare.--Part D of title XVIII of the Social Security
Act (42 U.S.C. 1395w-101 et seq.) is amended--
(A) in section 1860D-13(a)(1)--
(i) by redesignating subparagraph (F) as
subparagraph (G);
(ii) in subparagraph (G), as redesignated
by subparagraph (A), by striking ``(D) and
(E)'' and inserting ``(D), (E), and (F)''; and
(iii) by inserting after subparagraph (E)
the following new subparagraph:
``(F) Increase based on income.--The monthly
beneficiary premium shall be increased pursuant to
paragraph (7).''; and
(B) in section 1860D-15(a)(1)(B), by striking
``paragraph (1)(B)'' and inserting ``paragraphs (1)(B)
and (1)(F)''.
(2) Internal revenue code.--Section 6103(l)(20) of the
Internal Revenue Code of 1986 (relating to disclosure of return
information to carry out Medicare part B premium subsidy
adjustment) is amended--
(A) in the heading, by striking ``part b premium
subsidy adjustment'' and inserting ``parts b and d
premium subsidy adjustments'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by
inserting ``or 1860D-13(a)(7)'' after
``1839(i)''; and
(ii) in clause (vii), by inserting after
``subsection (i) of such section'' the
following: ``or under section 1860D-13(a)(7) of
such Act'';
(C) in subparagraph (B)--
(i) by inserting ``or such section 1860D-
13(a)(7)'' before the period at the end;
(ii) as amended by clause (i), by inserting
``or for the purpose of resolving tax payer
appeals with respect to any such premium
adjustment'' before the period at the end; and
(iii) by adding at the end the following
new sentence: ``Officers, employees, and
contractors of the Social Security
Administration may disclose such return
information to officers, employees, and
contractors of the Department of Health and
Human Services, the Office of Personnel
Management, the Railroad Retirement Board, the
Department of Justice, and the courts of the
United States to the extent necessary to carry
out the purposes described in the preceding
sentence.''; and
(D) by adding at the end the following new
subparagraph:
``(C) Timing of disclosure.--Return information
shall be disclosed to officers, employees, and
contractors of the Social Security Administration under
subparagraph (A) not later than the date that is 90
days prior to the date on which the taxpayer first
becomes entitled to benefits under part A of title
XVIII of the Social Security Act or eligible to enroll
for benefits under part B of such title.''. | Reforming an Entitlement through Premium Adjustments based on Income Resources (REPAIR) Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require an income-related reduction in the part D premium subsidy.
Declares that, in the case of an individual whose modified adjusted gross income exceeds a certain applicable threshold amount for a month after December 2008, the monthly amount of the part D premium subsidy shall be reduced (and the monthly beneficiary premium shall be increased) by the monthly adjustment amount determined according to a specified formula. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to require wealthy beneficiaries to pay a greater share of their premiums under the Medicare prescription drug program."} | 1,841 | 140 | 0.647576 | 1.676366 | 0.727097 | 4.982456 | 14.491228 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``School Food Fresh Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commodity program.--The term ``commodity program''
means any of--
(A) the commodity supplemental food program
established under section 5 of the Agriculture and
Consumer Protection Act of 1973 (7 U.S.C. 612c note;
Public Law 93-86);
(B) the food distribution program on Indian
reservations established under section 4(b) of the Food
Stamp Act of 1977 (7 U.S.C. 2013(b));
(C) the emergency food assistance program
established under the Emergency Food Assistance Act of
1983 (7 U.S.C. 7501 et seq.) and section 27 of the Food
Stamp Act of 1977 (7 U.S.C. 2036);
(D) the school lunch program established under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.);
(E) the summer food service program for children
established under section 13 of that Act (42 U.S.C.
1761);
(F) the child and adult care food program
established under section 17 of that Act (42 U.S.C.
1766); and
(G) the school breakfast program established under
section 4 of that Act (42 U.S.C. 1773).
(2) Department.--The term ``Department'' means the
Department of Agriculture.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(4) Task force.--The term ``Task Force'' means the
multiagency task force established under section 3(a).
SEC. 3. MULTIAGENCY TASK FORCE.
(a) In General.--The Secretary shall establish, in the office of
the Under Secretary for Food, Nutrition, and Consumer Services, a
multiagency task force for the purpose of providing coordination and
direction for commodity programs.
(b) Composition.--The Task Force shall be composed of at least 4
members, including--
(1) a representative from the Food Distribution Division of
the Food and Nutrition Service, who shall--
(A) be appointed by the Under Secretary for Food,
Nutrition, and Consumer Services; and
(B) serve as Chairperson of the Task Force;
(2) at least 1 representative from the Agricultural
Marketing Service, who shall be appointed by the Under
Secretary for Marketing and Regulatory Programs;
(3) at least 1 representative from the Farm Services
Agency, who shall be appointed by the Under Secretary for Farm
and Foreign Agricultural Services; and
(4) at least 1 representative from the Food Safety and
Inspection Service, who shall be appointed by the Under
Secretary for Food Safety.
(c) Duties.--
(1) In general.--The Task Force shall be responsible for
evaluation and monitoring of the commodity programs to ensure
that the commodity programs meet the mission of the
Department--
(A) to support the United States farm sector;
(B) to comply with the most recent Dietary
Guidelines for Americans published under section 301 of
the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341); and
(C) to contribute to the health and well-being of
individuals in the United States through the
distribution of domestic agricultural products through
commodity programs.
(2) Specific duties.--In carrying out paragraph (1), the
Task Force shall--
(A) review and make recommendations regarding the
specifications used for the procurement of food
commodities, taking into consideration recommendations
based on the results of evaluations carried out using
grants made available under section 4;
(B) review and make recommendations regarding the
effective distribution of food commodities;
(C) review and make recommendations regarding
efficient and effective systems to ensure the best use
of Federal funds to maximize the quantity and quality
of foods purchased for recipient agencies and the best
use of those purchased foods by recipient agencies; and
(D) on the request of the Secretary, review and
make recommendations regarding future updates of the
Dietary Guidelines for Americans published under
section 301 of the National Nutrition Monitoring and
Related Research Act of 1990 (7 U.S.C. 5341).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and annually thereafter, the Secretary shall submit to
Congress a report that describes, for the period covered by the
report--
(1) the findings and recommendations of the Task Force; and
(2) policies implemented for the betterment of commodity
programs.
SEC. 4. GRANTS FOR SPECIFICATION DEVELOPMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall provide 5 competitive grants to
nonprofit research institutions (including research universities)
selected by the Secretary for use in evaluating the product
specifications of food commodity products procured through commodity
programs to determine--
(1) the consistency of those specifications with the
nutritional goals of the commodity program;
(2) the acceptability of the products procured under the
specifications by recipient agencies and consumers; and
(3) the extent to which food commodities purchased through
commodity programs are comparable to any commercial
counterparts to those commodities.
(b) Types of Grants.--Of the 5 grants provided under subsection
(a), a grant shall be provided for the evaluation and recommendation of
product specifications for each of the categories of--
(1) fruits and vegetables;
(2) meat;
(3) poultry;
(4) grains, nuts, and oils; and
(5) dairy products.
(c) Report.--Not later than 18 months after the date on which the
Secretary provides a grant under this section, the recipient of the
grant shall submit to the Secretary and the Task Force a report that--
(1) describes the results of evaluations carried out using
funds from the grant; and
(2) includes recommendations based on those results.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000.
SEC. 5. USDA SCHOOL FOOD FRESH PROGRAM.
Section 10603 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 612c-4) is amended to read as follows:
``SEC. 10603. PURCHASE OF SPECIALTY CROPS.
``(a) Definitions.--In this section:
``(1) Fruits, vegetables, other specialty food crops.--The
terms `fruits', `vegetables', and `other specialty food crops'
shall have the meaning given the terms by the Secretary of
Agriculture.
``(2) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(3) Service institution.--The term `service institution'
has the meaning given the term in section 13(a) of the Richard
B. Russell National School Lunch Act (42 U.S.C. 1761(a)).
``(b) Purchase Authority.--Of the funds made available under
section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), for fiscal
year 2008 and each subsequent fiscal year, the Secretary shall use not
less than $200,000,000 each fiscal year to purchase fruits, vegetables,
and other specialty food crops.
``(c) USDA School Food Fresh Program.--
``(1) Definition of eligible product.--In this subsection,
the term `eligible product' means a fruit or vegetable item
that--
``(A) is offered by a vendor approved by the
Secretary under paragraph (4);
``(B) is fresh, dried, or frozen in a manner that
maximizes retention of nutrient density; and
``(C) to the maximum extent practicable, reflects
local preferences and supports local agriculture.
``(2) Agreements.--The Secretary, acting through such
regional procurement offices of the Department of Agriculture
as the Secretary determines to be appropriate, shall carry out
a program under which the Secretary shall enter into agreements
with local and regional distributors to supply eligible
products to schools and service institutions.
``(3) Funds.--Eligible products supplied under an agreement
described in paragraph (2) shall be purchased by schools and
service institutions using funds that are allocated to the
schools or service institutions for the purpose of--
``(A) purchasing fruits and vegetables; or
``(B) providing nutritious meals.
``(4) Vendors.--
``(A) In general.--A local or regional distributor
of eligible products that seeks to supply eligible
products to schools and service institutions under this
subsection shall apply to the Secretary for approval as
a participating vendor.
``(B) Conditions for approval.--The Secretary shall
approve a vendor as eligible to supply eligible
products under this subsection if the vendor--
``(i) demonstrates the ability to supply
those eligible products;
``(ii) complies with standards for food
safety developed by the Secretary;
``(iii) consistently provides products that
meet standards of grade, size, freshness, and
quality as required by the Secretary or a local
procurement officer; and
``(iv) demonstrates the ability to supply
eligible products from local growers and
processors.
``(C) Monitoring.--
``(i) In general.--The Secretary shall
develop and implement a system for monitoring
vendors approved under this paragraph.
``(ii) Certification.--A monitoring system
under clause (i) may include a requirement to
obtain certification--
``(I) in accordance with a program
designed by the Secretary; and
``(II) for which the Secretary may
require compensation.
``(5) Funding.--
``(A) In general.--Of the amount specified in
subsection (b), the Secretary shall use not less than
$50,000,000 each fiscal year for the purchase of
eligible products for distribution to schools and
service institutions in accordance with section 6(a) of
the Richard B. Russell National School Lunch Act (42
U.S.C. 1755(a)).
``(B) Additional available funds.--A school or
service institution that uses an agreement described in
paragraph (2) to purchase eligible products may
allocate up to 30 percent of the funds of the school or
service institution authorized under section 6 of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1755), and such additional funds as are necessary from
funds allocated to the school or service institution
under sections 4 and 11 of that Act (42 U.S.C. 1753,
1759a), for the purpose of procuring eligible products
through vendors approved by the Secretary under
paragraph (4).
``(C) Authorization of appropriations for
administrative expenses.--There are authorized to be
appropriated such sums as are necessary to pay
administrative costs incurred in carrying out this
subsection.''.
SEC. 6. USE OF COMMODITY ENTITLEMENT FUNDS.
(a) In General.--The Secretary shall, to the maximum extent
practicable, purchase for commodity programs foods that are in the
least-processed state.
(b) Processing of Foods.--The Secretary, upon the approval of
national processing agreements, shall make available to all schools and
other recipient agencies the opportunity to divert unprocessed or
minimally-processed commodity foods to subsequent processors for
conversion into usable end products. | School Food Fresh Act of 2007 - Directs the Secretary of Agriculture to establish in the office of the Under Secretary for Food, Nutrition, and Consumer Services a task force to coordinate commodity programs.
Directs the Secretary to provide five (for each of five specified food categories) competitive grants to nonprofit research institutions to evaluate commodity program products to determine: (1) consistency with program nutritional goals; (2) product acceptability by recipient agencies and consumers; and (3) commercial counterpart comparability.
Amends the the Farm Security and Rural Investment Act of 2002 to direct the Secretary to: (1) enter into agreements with qualifying local and regional distributors to supply fruit and vegetable items to schools and service institutions; and (2) implement a vendor monitoring program.
Directs that the Secretary: (1) to the maximum extent practicable, purchase for commodity programs foods that are in their least-processed state; and (2) upon the approval of national processing agreements, make available to all schools and other recipient agencies the opportunity to divert unprocessed or minimally-processed commodity foods to subsequent processors for end product conversion. | {"src": "billsum_train", "title": "A bill to amend the Farm Security and Rural Investment Act of 2002 to provide coordination and direction for commodity programs, and to ensure the distribution of fresh fruits and vegetables to schools and service institutions in the United States."} | 2,455 | 222 | 0.513067 | 1.353445 | 0.772662 | 4.236111 | 10.564815 | 0.930556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mississippi River Navigation
Sustainment Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Mississippi River is the largest, most famous river
in the United States and a vital natural resource;
(2) the Mississippi River Basin is the third largest
watershed in the world, covering more than 1,000,000 square
miles and approximately 40 percent of the continental United
States;
(3) the rivers, tributaries, and reservoirs that make up
the Mississippi River Basin operate naturally as a system and
any attempt to operate projects within the Mississippi River
Basin by mankind should take this fact into consideration;
(4) the Mississippi River is the backbone of the inland
waterway system of the United States and a crucial artery for
the movement of goods;
(5) each year millions of tons of commodities, including
grain, coal, petroleum, and chemicals, representing billions of
dollars are transported on the Mississippi River by barge;
(6) the Mississippi River is home to some of the busiest
commercial ports in the United States, including the Port of
New Orleans and the Port of St. Louis;
(7) safe and reliable navigation of the Mississippi River
is vital to the national economy;
(8) extreme weather events pose challenges to navigation
and life along the Mississippi River and are likely to become
more severe and more frequent in the coming years, as evidenced
by the devastating floods along the Mississippi River in 2011
and the near historic low water levels seen on the same stretch
of the Mississippi River in the winter of 2012-2013;
(9) the American Waterways Operators and the Waterways
Council, Incorporated have estimated that a disruption of
navigation on the Mississippi River due to low water levels
between December 2012 and January 2013 would have negatively
impacted 20,000 jobs and $7,000,000,000 in cargo;
(10) the Regulating Works Program of the St. Louis District
of the Corps of Engineers is critical to maintaining navigation
on the middle Mississippi River during extreme weather events
and should receive continued Federal financial assistance and
support; and
(11) the Federal Government, commercial users, and others
have a shared responsibility to take steps to maintain the
critical flow of goods on the Mississippi River during extreme
weather events.
SEC. 3. DEFINITIONS.
(a) Extreme Weather.--The term ``extreme weather'' means--
(1) severe flooding and drought conditions that lead to
above or below average water levels; or
(2) other severe weather events that threaten personal
safety, property, and navigation on the inland waterways of the
United States.
(b) Greater Mississippi River Basin.--The term ``greater
Mississippi River Basin'' means the area covered by hydrologic units 5,
6, 7, 8, 10, and 11, as identified by the United States Geological
Survey as of the date of enactment of this Act.
(c) Lower Mississippi River.--The term ``lower Mississippi River''
means the portion of the Mississippi River that begins at the
confluence of the Ohio River and flows to the Gulf of Mexico.
(d) Middle Mississippi River.--The term ``middle Mississippi
River'' means the portion of the Mississippi River that begins at the
confluence of the Missouri River and flows to the lower Mississippi
River.
(e) Secretary.--The term ``Secretary'' means the Secretary of the
Army, acting through the Chief of Engineers.
SEC. 4. GREATER MISSISSIPPI RIVER BASIN EXTREME WEATHER MANAGEMENT
STUDY.
(a) In General.--The Secretary shall carry out a study of the
Mississippi River Basin--
(1) to improve the coordinated and comprehensive management
of water resource projects in the greater Mississippi River
Basin relating to extreme weather conditions; and
(2) to evaluate the feasibility of any modifications to
those water resource projects and develop new water resource
projects to improve the reliability of navigation and more
effectively reduce flood risk.
(b) Contents.--The study shall--
(1) identify any Federal actions necessary to prevent and
mitigate the impacts of extreme weather, including changes to
authorized channel dimensions, operational procedures of locks
and dams, and reservoir management within the Mississippi River
Basin;
(2) evaluate the effect on navigation and flood risk
management to the Mississippi River of all upstream rivers and
tributaries, especially the confluence of the Illinois River,
Missouri River, and Ohio River;
(3) identify and make recommendations to remedy challenges
to the Corps of Engineers presented by extreme weather,
including river access, in carrying out its mission to maintain
safe, reliable navigation; and
(4) identify and locate natural or other potential
impediments to maintaining navigation on the middle and lower
Mississippi River during periods of low water, including
existing industrial pipeline crossings.
(c) Consultation and Use of Existing Data.--In carrying out the
study, the Secretary shall--
(1) consult with appropriate committees of Congress,
Federal, State, tribal, and local agencies, environmental
interests, river navigation industry representatives, other
shipping and business interests, organized labor, and
nongovernmental organizations;
(2) to the maximum extent practicable, use data in
existence on the date of enactment of this Act; and
(3) incorporate lessons learned and best practices
developed as a result of past extreme weather events, including
major floods and the successful effort to maintain navigation
during the near historic low water levels on the Mississippi
River during the winter of 2012-2013.
(d) Cost-Sharing.--The Federal share of the cost of carrying out
the study under this section shall be 100 percent.
(e) Report.--Not later than 3 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the study
carried out under this section.
SEC. 5. MISSISSIPPI RIVER FORECASTING IMPROVEMENTS.
(a) In General.--The Secretary, in consultation with the Secretary
of the department in which the Coast Guard is operating, the Director
of the United States Geological Survey, the Administrator of the
National Oceanic and Atmospheric Administration, and the Director of
the National Weather Service, as applicable, shall improve forecasting
on the Mississippi River by--
(1) updating forecasting technology deployed on the
Mississippi River and its tributaries through--
(A) the construction of additional automated river
gages;
(B) the rehabilitation of existing automated and
manual river gages; and
(C) the replacement of manual river gages with
automated gages, as the Secretary determines to be
necessary;
(2) constructing additional sedimentation ranges on the
Mississippi River and its tributaries; and
(3) deploying additional automatic identification system
base stations at river gage sites.
(b) Prioritization.--In carrying out this section, the Secretary
shall prioritize the sections of the Mississippi River on which
additional and more reliable information would have the greatest impact
on maintaining navigation on the Mississippi River.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall submit to Congress a report on the
activities carried out by the Secretary under this section.
SEC. 6. CORPS OF ENGINEERS FLEXIBILITY IN MAINTAINING NAVIGATION.
(a) In General.--If the Secretary determines it to be critical to
maintaining safe and reliable navigation, the Secretary--
(1) in consultation with the department in which the Coast
Guard is operating, may construct ingress and egress paths to
docks, loading facilities, fleeting areas, and other critical
locations outside of the authorized navigation channel on the
Mississippi River; and
(2) operate and maintain, through dredging and construction
of river training structures, ingress and egress paths to
loading docks and fleeting areas outside of the authorized
navigation channel on the Mississippi River.
(b) Mitigation.--The Secretary may mitigate through dredging any
incidental impacts to loading or fleeting areas outside of the
authorized navigation channel on the Mississippi River that result from
operation and maintenance of the authorized channel.
SEC. 7. MIDDLE MISSISSIPPI RIVER ENVIRONMENTAL PILOT PROGRAM.
(a) In General.--In accordance with the project for navigation,
Mississippi River between the Ohio and Missouri Rivers (Regulating
Works), Missouri and Illinois, authorized by the Act of June 25, 1910
(36 Stat. 631, chapter 382) (commonly known as the ``River and Harbor
Act of 1910''), the Act of January 1, 1927 (44 Stat. 1010, chapter 47)
(commonly known as the ``River and Harbor Act of 1927''), and the Act
of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry
out for a period of not less than 10 years, a pilot program to restore
and protect fish and wildlife habitat in the middle Mississippi River.
(b) Authorized Activities.--
(1) In general.--As part of the pilot program carried out
under subsection (a), the Secretary shall conduct any
activities that are necessary to improve navigation through the
project while restoring and protecting fish and wildlife
habitat in the middle Mississippi River.
(2) Inclusions.--Activities authorized under paragraph (1)
shall include--
(A) the modification of navigation training
structures;
(B) the modification and creation of side channels;
(C) the modification and creation of islands;
(D) any studies and analyses necessary to develop
adaptive management principles; and
(E) the acquisition from willing sellers of any
land associated with a riparian corridor needed to
carry out the goals of the pilot program.
(c) Cost-Sharing Requirement.--The cost-sharing requirements under
the provisions of law described in subsection (a) for the project
described in that subsection shall apply to any activities carried out
under this section.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such
sums as are necessary. | Mississippi River Navigation Sustainment Act - Directs the Chief of Engineers to carry out a study of the Mississippi River Basin to: (1) improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to extreme weather conditions, and (2) evaluate the feasibility of modifications to those projects and develop new projects to improve the reliability of navigation and more effectively reduce flood risk. Directs the Chief to improve forecasting on the Mississippi River by: (1) updating forecasting technology deployed on the River and its tributaries, (2) constructing additional sedimentation ranges on the River and tributaries, and (3) deploying additional automatic identification system base stations at river gage sites. Requires the Chief to prioritize the sections of the River on which additional and more reliable information would have the greatest impact on maintaining navigation. Authorizes the Chief to: (1) construct, operate, and maintain ingress and egress paths to docks, loading facilities, fleeting areas, and other critical locations outside of the authorized navigation channel on the Mississippi River upon determining such actions to be critical to maintaining safe and reliable navigation; and (2) mitigate, through dredging, any incidental impacts to loading or fleeting areas outside of such channel that result from operation and maintenance of the channel. Directs the Chief: (1) in accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, to carry out a 10-year pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River; and (2) as part of such program, to conduct activities necessary to improve navigation through such project while restoring and protecting fish and wildlife habitat. | {"src": "billsum_train", "title": "Mississippi River Navigation Sustainment Act"} | 2,153 | 356 | 0.550912 | 1.805276 | 0.733234 | 5.474164 | 6.130699 | 0.963526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Peopling of America Museum Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The history of the United States is in large measure
the history of how the United States was populated.
(2) The evolution of the American population is broadly
termed the ``peopling of America'' and is characterized by the
movement of groups of people across external and internal
boundaries of the United States as well as by the interactions
of the groups with each other.
(3) Each of the groups has made unique, important
contributions to American history, culture, art, and life.
(4) The spiritual, intellectual, cultural, political, and
economic vitality of the United States is a result of the
pluralism and diversity of the population.
(5) The Smithsonian Institution operates 16 museums and
galleries, a zoological park, and 5 major research facilities.
None of these public entities is a national institution
dedicated to presenting the history of the peopling of the
United States, as described in paragraph (2).
(6) The respective missions of the National Museum of
American History of the Smithsonian Institution and the Ellis
Island Immigration Museum of the National Park Service limit
the ability of those museums to present fully and adequately
the history of the diverse population and rich cultures of the
United States.
(7) The absence of a national facility dedicated solely to
presenting the history of the peopling of the United States
restricts the ability of the citizens of the United States to
fully understand the rich and varied heritage of the United
States derived from the unique histories of many peoples from
many lands.
(8) The establishment of a Peopling of America Museum to
conduct educational and interpretive programs on the
multiethnic and multiracial character of the history of the
United States will assist in inspiring and better informing the
citizens of the United States concerning the rich and diverse
cultural heritage of the citizens.
SEC. 3. DEFINITIONS.
In this Act:
(1) Chairperson.--The term ``Chairperson'' means the
Chairperson of the Committee.
(2) Committee.--The term ``Committee'' means the Advisory
Committee on American Cultural Heritage established under
section 7(a).
(3) Director.--The term ``Director'' means the Director of
the Museum.
(4) Museum.--The term ``Museum'' means the National Museum
for the Peopling of America established under section 4(a).
SEC. 4. ESTABLISHMENT OF THE NATIONAL MUSEUM FOR THE PEOPLING OF
AMERICA.
(a) Establishment.--There is established within the Smithsonian
Institution a facility that shall be known as the ``National Museum for
the Peopling of America''.
(b) Purposes of the Museum.--The purposes of the Museum are--
(1) to promote knowledge of the life, art, culture, and
history of the many groups of people who comprise the citizens
of the United States;
(2) to illustrate how such groups cooperated, competed, or
otherwise interacted with each other; and
(3) to explain how the diverse, individual experiences of
each group collectively helped forge a unified national
experience.
(c) Components of the Museum.--The Museum shall include--
(1) a location for permanent and temporary exhibits
depicting the historical process by which the United States was
populated;
(2) a center for research and scholarship relating to the
life, art, culture, and history of the groups of people of the
United States;
(3) a repository for the collection, study, and
preservation of artifacts, artworks, and documents relating to
the diverse population of the United States;
(4) a venue for public education programs designed to
explicate the multicultural past and present of the United
States;
(5) a location for the development of a standardized index
of documents, artifacts, and artworks in collections that are
held by the Smithsonian Institution, classified in a manner
consistent with the purposes of the Museum;
(6) a clearinghouse for information on documents,
artifacts, and artworks relating to the groups of people of the
United States that may be available to researchers, scholars,
or the general public through non-Smithsonian collections, such
as documents, artifacts, and artworks relating to the groups
that are held by--
(A) other Federal agencies;
(B) other museums;
(C) universities;
(D) individuals; and
(E) foreign institutions;
(7) a folklife center committed to highlighting the
cultural expressions of various groups of people within the
United States;
(8) a center to promote mutual understanding and tolerance
among the groups of people of the United States through
exhibits, films, brochures, and other appropriate means;
(9) an oral history library developed through interviews
with volunteers, including visitors;
(10) a location for a visitor center that shall provide
individually tailored orientation guides for visitors to all
Smithsonian Institution facilities;
(11) a location for the training of museum professionals
and others in the arts, humanities, and sciences with respect
to museum practices relating to the life, art, history, and
culture of the various groups of people of the United States;
and
(12) a location for developing, testing, demonstrating,
evaluating, and implementing new museum-related technologies
that assist in fulfilling the purposes of the Museum, enhance
the operation of the Museum, and improve the accessibility of
the Museum.
SEC. 5. LOCATION AND CONSTRUCTION.
(a) Location.--The Museum shall be located--
(1) in a facility of the Smithsonian Institution that is,
or is not, in existence on the date of enactment of this Act;
and
(2) on or near the National Mall located in the District of
Columbia.
(b) Construction.--The Board of Regents of the Smithsonian
Institution may plan, design, reconstruct, or construct appropriate
facilities to house the Museum.
SEC. 6. DIRECTOR AND STAFF.
(a) In General.--
(1) Appointments.--The Secretary of the Smithsonian
Institution shall appoint and fix the compensation and duties
of--
(A) a Director, Assistant Director, Secretary, and
Chief Curator of the Museum; and
(B) any other officers and employees that are
necessary for the operation of the Museum.
(2) Qualifications.--Each individual appointed under
paragraph (1) shall be an individual who is qualified through
experience and training to perform the duties of the office to
which that individual is appointed.
(b) Applicability of Certain Civil Service Laws.--The Secretary of
the Smithsonian Institution may--
(1) appoint the Director and 5 employees under subsection
(a), without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service; and
(2) fix the pay of the Director and the 5 employees,
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title, relating to classification of
positions and General Schedule pay rates.
SEC. 7. ADVISORY COMMITTEE ON AMERICAN CULTURAL HERITAGE.
(a) Establishment of Advisory Committee.--
(1) Establishment.--There is established an advisory
committee to be known as the ``Advisory Committee on American
Cultural Heritage''.
(2) Membership.--
(A) Composition.--The Committee shall be composed
of 15 members, who shall--
(i) be appointed by the Secretary of the
Smithsonian Institution;
(ii) have expertise in immigration history,
ethnic studies, museum science, or any other
academic or professional field that involves
matters relating to the cultural heritage of
the citizens of the United States; and
(iii) reflect the diversity of the citizens
of the United States.
(B) Initial appointments.--The initial appointments
of the members of the Committee shall be made not later
than 6 months after the date of enactment of this Act.
(3) Period of appointment; vacancies.--Members shall be
appointed for the life of the Committee. Any vacancy in the
Committee shall not affect its powers, but shall be filled in
the same manner as the original appointment.
(4) Initial meeting.--Not later than 30 days after the
date on which all members of the Committee have been appointed,
the Committee shall hold its first meeting.
(5) Meetings.--The Committee shall meet at the call of the
Chairperson, but shall meet not less frequently than 2 times
each fiscal year.
(6) Quorum.--A majority of the members of the Committee
shall constitute a quorum, but a lesser number of members may
hold hearings.
(7) Chairperson and vice chairperson.--The Committee shall
select a Chairperson and Vice Chairperson from among its
members.
(b) Duties of the Committee.--The Committee shall advise the
Secretary of the Smithsonian Institution and the Director concerning
policies and programs affecting the Museum.
(c) Committee Personnel Matters.--
(1) Compensation of members.--
(A) Non-federal members.--Each member of the
Committee who is not an officer or employee of the
Federal Government shall be compensated at a rate equal
to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is
engaged in the performance of the duties of the
Committee.
(B) Federal members.--Members of the Committee who
are officers or employees of the United States shall
serve without compensation in addition to that received
for their services as officers or employees of the
United States.
(2) Travel expenses.--The members of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Committee.
(3) Staff.--
(A) In general.--The Chairperson may, without
regard to the civil service laws and regulations,
appoint and terminate an executive director and such
other additional personnel as may be necessary to
enable the Committee to perform its duties. The
employment of an executive director shall be subject to
confirmation by the Committee.
(B) Compensation.--The Chairperson may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates, except that the rate of
pay for the executive director and other personnel may
not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services.--
The Chairperson may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title. | Peopling of America Museum Act - Establishes the National Museum for the Peopling of America within the Smithsonian Institution, to be located in new or existing Smithsonian Institution facilities on or near the National Mall in the District of Columbia.
Establishes an Advisory Committee on American Cultural Heritage to advise the Secretary of the Smithsonian Institution, who shall appoint its members, and the Museum Director on Museum policies and programs. | {"src": "billsum_train", "title": "Peopling of America Museum Act"} | 2,458 | 100 | 0.564558 | 1.494844 | 0.875792 | 3.355263 | 30.421053 | 0.960526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Spending Act''.
SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS.
(a) Adjustments to Discretionary Spending Limits.--In the matter
that precedes subparagraph (A) of section 251(b)(2) of the Balanced
Budget and Emergency Deficit Control Act of 1985, strike ``through
2002''.
(b) Discretionary Spending Limit.--Section 251(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended as follows:
(1) Strike paragraphs (1) through (6) and redesignate
paragraph (7) (which relates to fiscal year 2003) as paragraph
(1).
(2) Strike paragraphs (8) through (16) and insert after
paragraph (1) the following new paragraphs:
``(2) with respect to fiscal year 2004, for the
discretionary category: $765,510,000,000 in new budget
authority of which not less than $399,181,000,000 shall be for
the defense category and of which not less than $28,239,000,000
shall be for homeland security activities outside of the
defense category and $815,516,000,000 in outlays of which not
less than $389,746,000,000 shall be for the defense category;
``(3) with respect to fiscal year 2005, for the
discretionary category: $780,820,000,000 in new budget
authority of which not less than $419,623,000,000 shall be for
the defense category and of which not less than $29,367,000,000
shall be for homeland security activities outside of the
defense category and $825,851,000,000 in outlays of which not
less than $409,737,000,000 shall be for the defense category;
``(4) with respect to fiscal year 2006, for the
discretionary category: $796,437,000,000 in new budget
authority of which not less than $439,740,000,000 shall be for
the defense category and of which not less than $30,407,000,000
shall be for homeland security activities outside of the
defense category and $834,246,000,000 in outlays of which not
less than $422,808,000,000 shall be for the defense category;
``(5) with respect to fiscal year 2007, for the
discretionary category: $812,365,000,000 in new budget
authority of which not less than $459,999,000,000 shall be for
the defense category and of which not less than $31,494,000,000
shall be for homeland security activities outside of the
defense category and $846,485,000,000 in outlays of which not
less than $436,164,000,000 shall be for the defense category;
and
``(6) with respect to fiscal year 2008, for the
discretionary category: $828,613,000,000 in new budget
authority of which not less than $480,433,000,000 shall be for
the defense category and of which not less than $32,621,000,000
shall be for homeland security activities outside of the
defense category and $864,832,000,000 in outlays of which not
less than $460,190,000,000 shall be for the defense
category;''.
(c) Adjustments to Discretionary Spending Limits.--
(1) Section 251(b)(2) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking
subparagraphs (C) through (H) and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Accrual accounting.--If a bill or joint
resolution is enacted that charges Federal agencies for
the full cost of accrued Federal retirement and health
benefits and a bill or joint resolution making
appropriations is enacted that provides new budget
authority to carry out the legislation charging Federal
agencies for such accrued costs, the adjustment shall
be equal to the reduction in mandatory budget authority
and the outlays flowing therefrom estimated to result
from the legislation charging Federal agencies for such
accrued costs.''.
(2) Section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking
the last sentence.
SEC. 3. EXTENSION OF PAY-AS-YOU-GO.
Section 252 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 252. ENFORCING PAY-AS-YOU-GO.
``(a) Purpose.--The purpose of this section is to assure that any
legislation enacted before October 1, 2008, affecting direct spending
that increases the deficit will trigger an offsetting sequestration.
``(b) Sequestration.--
``(1) Timing.--Not later than 15 calendar days after the
date Congress adjourns to end a session and on the same day as
a sequestration (if any) under section 251, there shall be a
sequestration to offset the amount of any net deficit increase
caused by all direct spending legislation enacted before
October 1, 2008, as calculated under paragraph (2).
``(2) Calculation of deficit increase.--OMB shall calculate
the amount of deficit increase or decrease by adding--
``(A) all OMB estimates for the budget year of
direct spending legislation transmitted under
subsection (d);
``(B) the estimated amount of savings in direct
spending programs applicable to budget year resulting
from the prior year's sequestration under this section
or, if any, as published in OMB's final sequestration
report for that prior year; and
``(C) any net deficit increase or decrease in the
current year resulting from all OMB estimates for the
current year of direct spending legislation transmitted
under subsection (d) of this section that were not
reflected in the final OMB sequestration report for the
current year.
``(c) Eliminating a Deficit Increase.--(1) The amount required to
be sequestered in a fiscal year under subsection (b) of this section
shall be obtained from non-exempt direct spending accounts from actions
taken in the following order:
``(A) First.--All reductions in automatic spending
increases specified in section 256(a) shall be made.
``(B) Second.--If additional reductions in direct spending
accounts are required to be made, the maximum reductions
permissible under sections 256(b) (guaranteed and direct
student loans) and 256(c) (foster care and adoption assistance)
shall be made.
``(C) Third.--(i) If additional reductions in direct
spending accounts are required to be made, each remaining non-
exempt direct spending account shall be reduced by the uniform
percentage necessary to make the reductions in direct spending
required by paragraph (1); except that the medicare programs
specified in section 256(d) shall not be reduced by more than 4
percent and the uniform percentage applicable to all other
direct spending programs under this paragraph shall be
increased (if necessary) to a level sufficient to achieve the
required reduction in direct spending.
``(ii) For purposes of determining reductions under clause
(i), outlay reductions (as a result of sequestration of
Commodity Credit Corporation commodity price support contracts
in the fiscal year of a sequestration) that would occur in the
following fiscal year shall be credited as outlay reductions in
the fiscal year of the sequestration.
``(2) For purposes of this subsection, accounts shall be assumed to
be at the level in the baseline.
``(d) Estimates.--
``(1) CBO estimates.--As soon as practicable after Congress
completes action on any direct spending, CBO shall provide an
estimate to OMB of that legislation.
``(2) OMB estimates.--Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal holidays) after the
date of enactment of any direct spending, OMB shall transmit a
report to the House of Representatives and to the Senate
containing--
``(A) the CBO estimate of that legislation;
``(B) an OMB estimate of that legislation using
current economic and technical assumptions; and
``(C) an explanation of any difference between the
2 estimates.
``(3) Significant differences.--If during the preparation
of the report under paragraph (2) OMB determines that there is
a significant difference between the OMB and CBO estimates, OMB
shall consult with the Committees on the Budget of the House of
Representatives and the Senate regarding that difference and
that consultation, to the extent practicable, shall include
written communication to such committees that affords such
committees the opportunity to comment before the issuance of
that report.
``(4) Scope of estimates.--The estimates under this section
shall include the amount of change in outlays for the current
year (if applicable), the budget year, and each outyear
excluding any amounts resulting from--
``(A) full funding of, and continuation of, the
deposit insurance guarantee commitment in effect under
current estimates; and
``(B) emergency provisions as designated under
subsection (e) of this section.
``(5) Scorekeeping guidelines.--OMB and CBO, after
consultation with each other and the Committees on the Budget
of the House of Representatives and the Senate, shall--
``(A) determine common scorekeeping guidelines; and
``(B) in conformance with such guidelines, prepare
estimates under this section.
``(e) Emergency Legislation.--If a provision of direct spending
legislation is enacted that the President designates as an emergency
requirement and that the Congress so designates in statute, the amounts
of new budget authority, outlays, and receipts in all fiscal years
resulting from that provision shall be designated as an emergency
requirement in the reports required under subsection (d) of this
section.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2008''.
(2) Section 254(f)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2008''.
(b) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2008''.
SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE.
(a) In General.--Section 257(a) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by inserting ``,
except for emergency appropriations covered by section 251(b)(2)(A) and
emergency legislation covered by section 252(e)'' before the period.
(b) Direct Spending and Receipts.--Section 257(b)(2) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (as amended
by section 2) is further amended by adding at the end the following new
subparagraph:
``(D) Emergency legislation covered by section 252(e) shall
not be extended in the baseline.''.
(c) Discretionary Appropriations.--Section 257(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985 is amended by adding
at the end the following new paragraph:
``(7) Emergency appropriations covered by section
251(b)(2)(A) shall not be extended in the baseline.''.
SEC. 6. OMB EMERGENCY CRITERIA.
(a) Definition of Emergency.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 is amended by adding at the end the
following new paragraph:
``(11)(A) The term `emergency' means a situation that--
``(i) requires new budget authority and outlays (or
new budget authority and the outlays flowing therefrom)
for the prevention or mitigation of, or response to,
loss of life or property, or a threat to national
security; and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term `unanticipated'
means that the underlying situation is--
``(i) sudden, which means quickly coming into being
or not building up over time;
``(ii) urgent, which means a pressing and
compelling need requiring immediate action;
``(iii) unforeseen, which means not predicted or
anticipated as an emerging need; and
``(iv) temporary, which means not of a permanent
duration.''.
(b) Conforming Amendment.--Section 250(c) of the Balanced Budget
and Emergency Deficit Control Act of 1985 is amended by adding at the
end the following new paragraph:
``(20) The term `emergency' has the meaning given to such
term in section 3 of the Congressional Budget and Impoundment
Control Act of 1974.''.
SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN
EMERGENCY.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``rule respecting designation of legislative provision as an emergency
``Sec. 316. (a) Guidance.--In making a designation of a provision
of legislation as an emergency requirement under section 251(b)(2)(A)
or 252(e) of the Balanced Budget and Emergency Deficit Control Act of
1985, the committee report and any statement of managers accompanying
that legislation shall analyze whether a proposed emergency requirement
meets the definition of an `emergency' set out in section 3 of the
Congressional Budget and Impoundment Control Act of 1974.
``(b) In General.--It shall not be in order in the Senate or the
House of Representatives to consider any bill, joint resolution, or
conference report that contains an emergency designation under section
251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit
Control Act of 1985 unless the proposed emergency requirement meets the
definition of an `emergency' set out in section 3 of the Congressional
Budget and Impoundment Control Act of 1974.
``(c) Waiver and Appeal in the Senate.--This section may be waived
or suspended in the Senate only by an affirmative vote of three-fifths
of the Members, duly chosen and sworn. An affirmative vote of three-
fifths of the Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of the Chair
on a point of order raised under this section.
``(d) Enforcement in the House of Representatives.--It shall not be
in order in the House of Representatives to consider a rule or order
that waives the application of subsection (b) of this section.
``(e) Disposition of Points of Order in the House.--As disposition
of a point of order under subsection (b) or subsection (d) of this
section, the Chair shall put the question of consideration with respect
to the proposition that is the subject of the point of order. A
question of consideration under this section shall be debatable for 10
minutes by the Member initiating the point of order and for 10 minutes
by an opponent of the point of order, but shall otherwise be decided
without intervening motion except one that the House adjourn or that
the Committee of the Whole rise, as the case may be.
``(f) Effect on Amendment in Order as Original Text in the House.--
The disposition of the question of consideration under this section
with respect to a bill or joint resolution shall be considered also to
determine the question of consideration under this subsection with
respect to an amendment made in order as original text.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 315 the
following new item:
``Sec. 316. Rule respecting designation of legislative provision as an
emergency.''. | Common Sense Spending Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend discretionary spending limits through FY 2008.
Repeals requirements for adjustments to discretionary limits for: (1) continuing disability reviews by the Social Security Administration; (2) specified allowances for the International Monetary Fund and international arrearages; (3) any earned income tax credit compliance initiative; (4) adoption incentive payments; and (5) conservation spending. Requires an adjustment to discretionary spending limits equal to the estimated resulting reduction in mandatory budget authority and outlays utilizing accrual methods, if enacted legislation charges Federal agencies for the full cost of accrued Federal retirement and health benefits, and an appropriations Act provides new budget authority to carry out such legislation. Repeals the exemption of appropriations to cover agricultural crop disaster assistance from the application of mandatory adjustments in discretionary spending limits in a sequestration report and subsequent budgets for emergency appropriations for discretionary accounts. (Thus applies such mandatory adjustments in the total amount of emergency appropriations to appropriations covering agricultural crop disaster assistance.) Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2009 affecting direct spending (currently, direct spending and receipts) that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB). States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline.
Revises the definition of baseline to exclude emergency appropriations and legislation.
Prohibits such emergency appropriations from being extended in the baseline.
Amends the Congressional Budget and Impoundment Control Act of 1974 to define: (1) "emergency" as an unanticipated situation that requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and (2) "unanticipated" as an underlying situation that is sudden, which means quickly coming into being or not building up over time, urgent, which means a pressing and compelling need requiring immediate action, unforeseen, which means not predicted or anticipated as an emerging need, and temporary, which means not of a permanent duration.
Amends the Congressional Budget Act of 1974 to require that the committee report and any statement of managers accompanying proposed legislation analyze whether a proposed emergency requirement meets such definition of "emergency." Prohibits the consideration of any such legislation that does not meet this "emergency" definition. | {"src": "billsum_train", "title": "To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to extend the discretionary spending limits through fiscal year 2008, to extend paygo for direct spending, and for other purposes."} | 3,607 | 599 | 0.415405 | 1.445048 | 0.716296 | 3.691383 | 6.242485 | 0.849699 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death Tax and Legal Fee Relief Act
of 1997''.
SEC. 2. UNIFIED CREDIT INCREASED TO EQUIVALENT OF $1,200,000 EXCLUSION.
(a) In General.--Subsection (a) of section 2010 of the Internal
Revenue Code of 1986 (relating to unified credit against estate tax) is
amended by striking ``$192,800'' and inserting ``the applicable credit
amount''.
(b) Applicable Credit Amount.--Section 2010 of such Code is amended
by redesignating subsection (c) as subsection (d) and by inserting
after subsection (b) the following new subsection:
``(c) Applicable Credit Amount.--For purposes of this section--
``(1) In general.--The applicable credit amount is the
amount of the tentative tax which would be determined under the
rate schedule set forth in section 2001(c) if the amount with
respect to which such tentative tax is to be computed were the
applicable exclusion amount determined in accordance with the
following table:
``In the case of estates of decedents
The applicable
dying, and gifts made, during:
exclusion amount is:
1998............................... $750,000
``(2) Cost-of-living adjustments.--In the case of any
decedent dying, and gifts made, in a calendar year after 1998,
the $750,000 amount set forth in paragraph (1) shall be
increased by an amount equal to--
``(A) $750,000, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2002' for `calendar year
1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not a
multiple of $10,000, such amount shall be rounded to the
nearest multiple of $10,000.''
(c) Unified Gift Tax Credit.--Paragraph (1) of section 2505(a) of
such Code is amended by striking ``$192,800'' and inserting ``the
applicable credit amount in effect under section 2010(c) for such
calendar year''.
(d) Conforming Amendments.--
(1) Paragraph (1) of section 6018(a) of such Code is
amended by striking ``$600,000'' and inserting ``the applicable
exclusion amount in effect under section 2010(c) (as adjusted
under paragraph (2) thereof) for the calendar year which
includes the date of death''.
(2) Paragraph (2) of section 2001(c) of such Code is
amended by striking ``$21,040,000'' and inserting ``the amount
at which the average tax rate under this section is 55
percent''.
(3) Subparagraph (A) of section 2102(c)(3) of such Code is
amended by striking ``$192,800'' and inserting ``the applicable
credit amount in effect under section 2010(c) for the calendar
year which includes the date of death''.
(e) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying, and gifts made, after December
31, 1997.
SEC. 3. INCREASE IN AMOUNT OF ESTATE TAX DEFERRAL AVAILABLE TO OWNERS
OF SMALL BUSINESSES.
(a) In General.--Subsection (a) of section 6166 of the Internal
Revenue Code of 1986 (relating to extension of time for payment of
estate tax where estate consists largely of interest in closely held
business) is amended by adding at the end the following new paragraph:
``(4) Interest not required to be paid if closely held
business is small business.--
``(A) In general.--In the case of an interest in a
closely held business which is a small business at all
times on or after the date of the enactment of this
paragraph, no interest shall be required to be paid on
any installment permitted made within five years of
decedent's death under this section to the extent the
amount of such installment is attributable to such
interest.
``(B) Small business.--For purposes of subparagraph
(A), the term `small business' means any closely held
business with aggregate gross assets (determined in
accordance with section 1202(d)) which do not exceed
$20,000,000.''
(b) Effective Date.--The amendment made by this section shall apply
to estates of decedents dying after December 31, 1997.
SEC. 4. UNIFIED CREDIT INCREASED BY UNUSED UNIFIED CREDIT OF
PREDECEASED SPOUSE.
(a) In General.--Section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a) the following new
subsection:
``(b) Increase in Credit for Unused Unified Credit of Predeceased
Spouse.--
``(1) In general.--The amount of the credit allowable under
subsection (a) shall be increased by the aggregate of the
amounts of the unused predeceased spouse credit.
``(2) Unused predeceased spouse credit.--For purposes of
paragraph (1)--
``(A) In general.--The term `unused predeceased
spouse credit' means, with respect to any predeceased
spouse of the decedent, the amount equal to the excess
of--
``(i) the maximum amount allowable under
subsection (a) to the estate of such spouse,
over
``(ii) the tax imposed by section 2001
reduced by the credits against such tax other
than the credit allowed by this section.
``(B) Limitation based on credit equivalent of
value of property passing to decedent from predeceased
spouse.--The amount of the unused predeceased spouse
credit with respect to any predeceased spouse shall not
exceed the credit equivalent of the aggregate value of
property acquired from or passing from (within the
meaning of section 1014) the predeceased spouse to the
decedent.
``(C) Credit equivalent.--For purposes of
subparagraph (B), the credit equivalent is the amount
of the tentative tax which would be determined under
the rate schedule set forth in section 2001(c) if the
amount with respect to which the tentative tax is to be
computed were the aggregate value of the property
referred to in subparagraph (B).
``(3) Limitation on aggregate increase where more than 1
predeceased spouse.--In no event may the amount of the increase
under paragraph (1) exceed the dollar amount contained in
subsection (a).
``(4) Predeceased spouse.--For purposes of this subsection,
the term `predeceased spouse' means, with respect to the
decedent, an individual who was married to the decedent on the
date of such individual's death.''
(b) Gift Tax.--Section 2505 of such Code is amended by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, and by inserting after subsection (a) the following new
subsection:
``(b) Increase in Credit for Unused Unified Credit of Predeceased
Spouse.--Rules similar to the rules of section 2010(b) shall apply with
respect to calendar years beginning after the date of death of any
predeceased spouse of the donor.''
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying, and gifts made, after December 31,
1997. | Death Tax and Legal Fee Relief Act of 1997 - Amends the Internal Revenue Code to increase the unified credit against estate and gift taxes and provide for an additional increase based upon the unused credit of a predeceased spouse.
Provides for a five-year deferral of interest on estate tax installment payments relating to a small business (closely held business with not more than $20 million in assets). | {"src": "billsum_train", "title": "Death Tax and Legal Fee Relief Act of 1997"} | 1,705 | 90 | 0.448488 | 1.165942 | 0.246758 | 2.197368 | 19.736842 | 0.881579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Homeland Security
Stabilization and Security Enhancement Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress debated an appropriate location to house
leadership elements of the Department and ultimately
transferred the Nebraska Avenue Complex (NAC) facilities,
located in northwest Washington, DC, from the Navy to the
jurisdiction, custody, and control of the Administrator of
General Services to accommodate the leadership of the new
Department under Public Law 108-268.
(2) Congress contemplated that the NAC would be a temporary
station for the Department's leadership due to security
concerns.
(3) There is dispute whether Public Law 108-268 was
intended to establish an official Department headquarters at
all. There is no occurrence of the term ``headquarters'' in
Public Law 108-268 other than in the long title, which has no
legislative effect, and Members of Congress expressed direct
opposition to such a notion in floor debates.
(4) The NAC was chosen as the initial leadership station
because it included preexisting infrastructure and basic
security measures that would allow the new Department's
leadership to become adequately operational in a short period
of time.
(5) The security of the NAC remains a serious concern,
especially in light of security breaches and lapses.
(6) Some discussions and concrete steps have been taken to
move the headquarters of at least one component of the
Department, the Coast Guard, to the West Campus of St.
Elizabeth's Hospital. These discussions have contemplated
moving other leadership components of the Department to St.
Elizabeth's Hospital at an unknown time in the future.
(7) St. Elizabeth's Hospital was founded by Congress in
1852 and opened in 1855 as the Government Hospital for the
Insane, more commonly referred to as an ``insane asylum''.
(8) As recent as 2002, according to the National Trust for
Historic Preservation, St. Elizabeth's Hospital was one of the
``11 Most Endangered Places'' and ``is crumbling''.
(9) St. Elizabeth's Hospital has been considered for a
headquarters location for components of the Department because,
according to a statement of administration policy, dated May
25, 2006, the ``facility has been identified by the General
Services Administration as the only federally owned secure
campus readily available in Washington, D.C.''.
(10) Congress has suspended the Coast Guard's plans to
relocate to St. Elizabeth's Hospital because of the lack of
sufficient planning, inadequate coordination with appropriate
congressional oversight committees, and an overall haphazard
approach.
(11) Under sections 71 and 72 of title 4, United States
Code, headquarters of Federal Government agencies and
departments are generally required to be located in the
District of Columbia absent a statutory exemption.
(12) In the past, Congress has granted waivers from such
requirement to agencies and departments that, due to national
security concerns, require enhanced security and additional
space and, therefore, should consider locating outside the
District of Columbia. Such waivers have been granted, for
example, to the Department of Defense, the Central Intelligence
Agency, and the Nuclear Regulatory Commission.
(13) The Department of Homeland Security, like the
Department of Defense, the Central Intelligence Agency, and the
Nuclear Regulatory Commission, is a Federal entity with a
critical national security mission. The rationale for
relocating those entities should be considered in establishing
a new headquarters for the Department of Homeland Security.
(14) The Department of Homeland Security remains a young
Federal entity and should begin to pull together its disparate
parts into a single secure location in order to stabilize the
Department to make it more effective.
(15) It is desirable, given its critical mission, to give
the Department the space and resources it needs to ensure the
safety of its employees, to ensure the security and stability
of the Department, to improve integration among its agencies,
and to make it more effective for the ultimate purpose of
securing the homeland and protecting the American people.
(16) Given the critical national security mission of the
Department, it should establish a permanent home, either inside
or outside of the District of Columbia, that enables it to more
effectively carry out its mission.
(17) The Department's headquarters should be a new 21st
century complex tailored to the specific needs of the
Department and should, among other things, be secure in all
respects, contain superior physical, technological, and
communicative infrastructure, include a working environment
conducive to high productivity, be accessible to personnel,
capitalize on modern technologies, and provide enough physical
space for future expansion.
SEC. 3. AUTHORITY TO DETERMINE LOCATION FOR HEADQUARTERS OF THE
DEPARTMENT OF HOMELAND SECURITY.
(a) In General.--Title I of the Homeland Security Act of 2002 (6
U.S.C. 111 et seq.) is amended by adding at the end the following:
``SEC. 104. HEADQUARTERS OF THE DEPARTMENT.
``(a) Purpose.--The purpose of this section is to strengthen and
stabilize the Department and make it more effective by pulling together
disparate leadership components into a permanent and more secure
location.
``(b) Master Plan.--The Secretary and the Administrator of General
Services, within 360 days after the date of the enactment of this
section, shall jointly complete and submit a comprehensive master plan
for the establishment of a 21st century permanent headquarters for the
Department in the District of Columbia or elsewhere, to the Committee
on Environment and Public Works, the Committee on Commerce, Science,
and Transportation, and the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Homeland
Security and the Committee on Transportation and Infrastructure of the
House of Representatives.
``(c) Permanency.--The master plan shall be designed as a permanent
solution to establishing the Department's headquarters.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section 103
the following:
``Sec. 104. Headquarters of the Department.''. | Department of Homeland Security Stabilization and Security Enhancement Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security and the Administrator of General Services to jointly complete and submit to Congress a comprehensive master plan for the establishment of a 21st century permanent headquarters for the Department of Homeland Security (DHS). | {"src": "billsum_train", "title": "To require the Secretary of Homeland Security to complete and submit a master plan for a headquarters location in the District of Columbia or elsewhere, within 360 days."} | 1,342 | 73 | 0.399881 | 1.091643 | 0.457149 | 5.129032 | 20.451613 | 0.967742 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare at 55 Act''.
SEC. 2. MEDICARE BUY-IN OPTION FOR INDIVIDUALS 55 TO 64 YEARS OF AGE.
(a) In General.--Title XVIII of the Social Security Act (42 U.S.C.
1395c et seq.) is amended by adding at the end the following new
section:
``medicare buy-in option for individuals 55 to 64 years of age
``Sec. 1899C. (a) Option.--
``(1) In general.--Every individual who meets the
requirements described in paragraph (3) shall be eligible to
enroll under this section.
``(2) Part a, b, and d benefits.--An individual enrolled
under this section is entitled to the same benefits (and shall
receive the same protections) under this title as an individual
who is entitled to benefits under part A and enrolled under
parts B and D, including the ability to enroll in a Medicare
Advantage plan that provides qualified prescription drug
coverage (an MA-PD plan).
``(3) Requirements for eligibility.--The requirements
described in this paragraph are the following:
``(A) The individual is a resident of the United
States.
``(B) The individual is--
``(i) a citizen or national of the United
States; or
``(ii) an alien lawfully admitted for
permanent residence.
``(C) The individual is not otherwise entitled to
benefits under part A or eligible to enroll under part
A or part B.
``(D) The individual has attained 55 years of age
but has not attained 65 years of age.
``(b) Enrollment; Coverage.--The Secretary shall establish
enrollment periods and coverage under this section consistent with the
principles for establishment of enrollment periods and coverage for
individuals under other provisions of this title. The Secretary shall
establish such periods so that coverage under this section shall first
begin on January 1, 2019.
``(c) Premium.--
``(1) Amount of monthly premiums.--The Secretary shall,
during September of each year (beginning with 2018), determine
a monthly premium for all individuals enrolled under this
section. Such monthly premium shall be equal to \1/12\ of the
annual premium computed under paragraph (2)(B), which shall
apply with respect to coverage provided under this section for
any month in the succeeding year.
``(2) Annual premium.--
``(A) Combined per capita average for all medicare
benefits.--The Secretary shall estimate the average,
annual per capita amount for benefits and
administrative expenses that will be payable under
parts A, B, and D (including, as applicable, under part
C) in the year for all individuals enrolled under this
section.
``(B) Annual premium.--The annual premium under
this subsection for months in a year is equal to the
average, annual per capita amount estimated under
subparagraph (A) for the year.
``(3) Increased premium for certain part c and d plans.--
Nothing in this section shall preclude an individual from
choosing a Medicare Advantage plan or a prescription drug plan
which requires the individual to pay an additional amount
(because of supplemental benefits or because it is a more
expensive plan). In such case the individual would be
responsible for the increased monthly premium.
``(d) Payment of Premiums.--
``(1) In general.--Premiums for enrollment under this
section shall be paid to the Secretary at such times, and in
such manner, as the Secretary determines appropriate.
``(2) Deposit.--Amounts collected by the Secretary under
this section shall be deposited in the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund (including the Medicare Prescription Drug
Account within such Trust Fund) in such proportion as the
Secretary determines appropriate.
``(e) Not Eligible for Medicare Cost-Sharing Assistance.--An
individual enrolled under this section shall not be treated as enrolled
under any part of this title for purposes of obtaining medical
assistance for Medicare cost-sharing or otherwise under title XIX.
``(f) Treatment in Relation to the Affordable Care Act.--
``(1) Satisfaction of individual mandate.--For purposes of
applying section 5000A of the Internal Revenue Code of 1986,
the coverage provided under this section constitutes minimum
essential coverage under subsection (f)(1)(A)(i) of such
section 5000A.
``(2) Eligibility for premium assistance.--Coverage
provided under this section--
``(A) shall be treated as coverage under a
qualified health plan in the individual market enrolled
in through the Exchange where the individual resides
for all purposes of section 36B of the Internal Revenue
Code of 1986 other than subsection (c)(2)(B) thereof;
and
``(B) shall not be treated as eligibility for other
minimum essential coverage for purposes of subsection
(c)(2)(B) of such section 36B.
The Secretary shall determine the applicable second lowest cost
silver plan which shall apply to coverage under this section
for purposes of section 36B of such Code.
``(3) Eligibility for cost-sharing subsidies.--For purposes
of applying section 1402 of the Patient Protection and
Affordable Care Act (42 U.S.C. 18071)--
``(A) coverage provided under this section shall be
treated as coverage under a qualified health plan in
the silver level of coverage in the individual market
offered through an Exchange; and
``(B) the Secretary shall be treated as the issuer
of such plan.
``(g) Guaranteed Issue of Medigap Policies Upon First Enrollment
and Each Subsequent Enrollment.--In the case of an individual who
enrolls under this section (including an individual who was previously
enrolled under this section), paragraphs (2)(A), (2)(D), (3)(B)(ii),
and (3)(B)(vi) of section 1882(s)--
``(1) shall be applied by substituting `55' for `65';
``(2) if the individual was enrolled under this section and
subsequently disenrolls, shall apply each time the individual
subsequently reenrolls under this section as if the individual
had attained 55 years of age on the date of such reenrollment
(and as if the individual had never previously enrolled in a
Medicare supplemental policy); and
``(3) shall be applied as if this section had not been
enacted (and as if the individual had never previously enrolled
in a Medicare supplemental policy) when the individual attains
65 years of age.
``(h) No Effect on Benefits for Individuals Otherwise Eligible or
on Trust Funds.--The Secretary shall implement the provisions of this
section in such a manner to ensure that such provisions--
``(1) have no effect on the benefits under this title for
individuals who are entitled to, or enrolled for, such benefits
other than through this section; and
``(2) have no negative impact on the Federal Hospital
Insurance Trust Fund or the Federal Supplementary Medical
Insurance Trust Fund (including the Medicare Prescription Drug
Account within such Trust Fund).
``(i) Consultation.--In promulgating regulations to implement this
section, the Secretary shall consult with interested parties, including
groups representing beneficiaries, health care providers, employers,
and insurance companies.''. | Medicare at 55 Act This bill amends title XVIII (Medicare) of the Social Security Act to allow individuals aged 55 to 64 to buy into Medicare or Medicare Advantage. Such enrollees shall be entitled to Medicare hospital, medical, and prescription-drug benefits. The Secretary of Health and Human Services (HHS) must establish enrollment periods and determine monthly premiums with respect to such enrollees, as specified by the bill. Premium amounts collected by HHS shall be deposited in the Hospital Insurance and Supplementary Medical Insurance Trust Funds. Such enrollees shall not be eligible for Medicare cost-sharing assistance but may be eligible for premium assistance under the Patient Protection and Affordable Care Act. | {"src": "billsum_train", "title": "Medicare at 55 Act"} | 1,632 | 166 | 0.54286 | 1.381801 | 0.697804 | 2.01626 | 12.065041 | 0.845528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Commission on Missing
Persons Assistance Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The issue of persons missing from war, violations of
human rights, natural disasters, and other involuntary reasons
represents a global challenge that affects the United States.
Every year an estimated 150,000 persons go missing from natural
disasters alone, and globally there are currently over a
million reported cases of persons missing from wars and
violations of human rights. In addition there are thousands of
reported cases a year of persons missing from trafficking, drug
related violence, and other causes.
(2) There continues to be a need, therefore, for an
organization with a global reach to assist governments in
locating persons who are missing for a myriad of involuntary
reasons. The International Commission on Missing Persons (ICMP)
is the only organization in the world that has been developed
to meet this global need. It has 15 years of experience in
assisting governments locate persons missing from wars, human
rights abuses, and natural disasters, and there is an
increasing demand for ICMP to assist in other missing persons'
scenarios, such as, for example, trafficking and drug related
violence.
(3) Since the ICMP was created at the initiative of the
United States in 1996 at a G-7 Summit to address the issue of
persons missing from the conflicts of the 1990s in the former
Yugoslavia, the ICMP has developed a unique, DNA led process
that has led to the identification of over 18,000 individuals.
(4) At the ICMP's founding, the Department of State
facilitated obtaining a headquarters' agreement with Bosnia and
Herzegovina that provided ICMP with privileges and immunities
so that it could carry out its work, which was to secure the
cooperation of governments in locating and identifying missing
persons from the conflicts. In its headquarters' agreement,
ICMP is recognized as an organization equivalent to an inter-
governmental organization.
(5) ICMP's model requires governments to take
responsibility for clarifying the fate of missing persons via
governmental and rule of law mechanisms. In doing so,
governments build public trust in rule of law institutions,
seek to account for all regardless of their status or role in
conflicts, and fulfill their obligations to surviving families
of the missing.
(6) ICMP works closely with associations of families of
missing persons, developing their capacity to take an active
role in the missing persons' process, including holding
governments to account and encouraging cooperation across
ethnic or sectarian divisions.
(7) ICMP's work in post-conflict societies supports efforts
to prevent future conflict and directly contributes to truth
and reconciliation. ICMP also provides evidence including
testimony in courts prosecuting war crimes.
(8) ICMP also assists countries facing large scale loss of
life following natural or manmade disasters. With the highest
throughput identification laboratory system in the world and
unparalleled experience in the management of mortal remains,
ICMP has become INTERPOL's primary partner in Disaster Victim
Identification (DVI).
(9) ICMP's operational success has exceeded all
expectations and its law-based approach that includes the
judiciary and affiliated domestic legal services has been
extended to Colombia and Iraq. ICMP has also provided technical
assistance to Chile and South Africa on conflict and human
rights' cases and the United States, Thailand, and the
Philippines following natural disasters, such as Hurricane
Katrina.
(10) In the intervening years there has also been increased
demand for ICMP's work to address other cases of missing
persons, including persons missing from trafficking, drug
related violence and to other missing persons' scenarios.
(11) Currently ICMP, through an agreement facilitated by
the Department of State in 1997, has such a status in Bosnia
and Herzegovina, thus, for example, allowing it to maintain and
protect a database that contains 150,000 genetic profiles. In
two years' time, ICMP will experience a situation of
diminishing resources on its assistance in the Balkans, which
could have continued political consequences on its work if it
maintains its headquarters and capacities in that region.
However, moving ICMP's headquarters and technical capacities
from Bosnia and Herzegovina would have immediate consequences
on ICMP's ability to maintain some of its current core
technical activities.
(12) ICMP is not incorporated under the domestic law of any
country, and is by implication not a nongovernmental
organization. In order to carry out its work, ICMP has been
granted the status of a quasi-international organization with
international legal capacities in Bosnia, Croatia, Macedonia,
and Serbia. However, that status is not universally recognized,
which has led to an unclear legal situation outside these
countries.
(13) Certain immunities are required for operations
considering that ICMP operates on sovereign territory in crime
scenes (such as mass graves) and holds considerable quantities
of confidential genetic information relating to victims of
human rights' abuses and their surviving relatives.
(14) A series of meetings convened by the ICMP during 2002
and 2004, with government representatives from the United
States, Denmark, the Netherlands, and the United Kingdom,
reviewed the ICMP's work and its need for a permanent and
internationally recognized legal status. The representatives
produced a draft framework agreement, which remains unratified,
but the government representatives did agree to expand ICMP's
work, thus allowing it to work globally in assisting
governments, and the representatives also stipulated that ICMP
should extend its activities to include assistance to
governments in locating persons missing from natural disasters,
as well as from wars and violations of human rights.
SEC. 3. STATEMENT OF POLICY.
It is the sense of Congress that--
(1) the United States should continue to support the work
of the International Commission on Missing Persons (ICMP) to--
(A) clarify the fate of persons missing as a result
of conflict and natural and man-made disasters; and
(B) collect and maintain sensitive genetic
information for victim identification;
(2) the United States should continue to support the
expansion of the ICMP's mandate to include assistance to
governments in locating all persons missing for involuntary
reasons;
(3) the President should enunciate a clear policy of
assisting the ICMP in establishing a permanent and
internationally recognized legal status to carry out its
mandate globally; and
(4) the Secretary of State shall make every effort to
advance this proposal at the United Nations.
SEC. 4. REPORT.
Not later than one year after the date of the enactment of this
Act, the Secretary of State shall submit to Congress a report on the
activities carried out in accordance with section 3. | International Commission on Missing Persons Assistance Act of 2012 - Expresses the sense of Congress that: (1) the United States should support the work of the International Commission on Missing Persons (ICMP) to clarify the fate of persons missing as a result of conflict and natural and man-made disasters, (2) the United States should support the expansion of the ICMP's mandate to include assistance to governments in locating persons missing for involuntary reasons, (3) the President should enunciate a policy of assisting the ICMP in establishing a permanent and internationally recognized legal status, and (4) the Secretary of State shall make every effort to advance this proposal at the United Nations (U.N.).
Directs the Secretary to report to Congress regarding such activities. | {"src": "billsum_train", "title": "To authorize the Secretary of State to assist the International Commission on Missing Persons to establish a permanent and international legal status with the immunities required for operations globally, to continue the financial support of the United States of the ICMP in their work to assist governments and other authorities in locating and identifying persons missing as a result of conflicts or natural or man-made disasters, to support the investigation of genocide and mass atrocities, and for other purposes."} | 1,452 | 166 | 0.559197 | 1.72784 | 0.729719 | 6.472222 | 9.576389 | 0.972222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce Reduction Through
Attrition Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means an Executive agency
as defined by section 105 of title 5, United States Code,
excluding the Government Accountability Office.
(2) Baseline quarter.--The term ``baseline quarter'' means
the quarter in which occurs the date of enactment of this Act.
(3) Federal employee.--The term ``Federal employee'' means
an employee as defined by section 2105 of title 5, United
States Code.
(4) Quarter.--The term ``quarter'' means a period of 3
calendar months ending on March 31, June 30, September 30, or
December 31.
(5) Total number of federal employees.--The term ``total
number of Federal employees'' means the total number of Federal
employees in all agencies.
SEC. 3. WORKFORCE LIMITS AND REDUCTIONS.
(a) In General.--The President, acting through the Office of
Management and Budget (in consultation with the Office of Personnel
Management), shall take appropriate measures to ensure that, effective
with respect to each quarter beginning after the date of enactment of
this Act, the total number of Federal employees determined for such
quarter does not exceed the applicable maximum for such quarter.
(b) Applicable Maximum.--For purposes of this Act, the ``applicable
maximum'' for a quarter is--
(1) in the case of a quarter before the target-attainment
quarter, the number equal to--
(A) the total number of Federal employees
determined for the baseline quarter, reduced by
(B) \2/3\ of the number of Federal employees
separating from agencies during the period--
(i) beginning on the first day following
the baseline quarter; and
(ii) ending on the last day of the quarter
to which the applicable maximum is being
applied; and
(2) in the case of the target-attainment quarter and any
subsequent quarter, the number equal to 90 percent of the total
number of Federal employees as of September 30, 2013.
(c) Target-Attainment Quarter.--For purposes of this Act, the term
``target-attainment quarter'' means the earlier of--
(1) the first quarter (after the baseline quarter) for
which the total number of Federal employees does not exceed 90
percent of the total number of Federal employees as of
September 30, 2013; or
(2) the quarter ending on September 30, 2016.
(d) Method for Achieving Compliance.--
(1) In general.--Except as provided in paragraph (2), any
reductions necessary in order to achieve compliance with
subsection (a) shall be made through attrition.
(2) Exception.--If, for any quarter, the total number of
Federal employees exceeds the applicable maximum for such
quarter, then, until the first succeeding quarter for which
such total number is determined not to exceed the applicable
maximum for such succeeding quarter, reductions shall be made
through both attrition and a freeze on appointments.
(e) Counting Rules.--For purposes of this Act--
(1) any determination of the total number of Federal
employees or the number of Federal employees separating from
agencies shall be made--
(A) on a full-time equivalent basis; and
(B) under section 4; and
(2) any determination of the total number of Federal
employees for a quarter shall be made as of such date or
otherwise on such basis as the Office of Management of Budget
(in consultation with the Office of Personnel Management)
considers to be representative and feasible.
(f) Waiver Authority.--The President may waive any of the preceding
provisions of this section, with respect to an individual appointment,
upon a determination by the President that such appointment is
necessary due to--
(1) a state of war or for reasons of national security; or
(2) an extraordinary emergency threatening life, health,
safety, or property.
SEC. 4. REDUCTION IN PROCUREMENT OF SERVICE CONTRACTS.
(a) In General.--For each fiscal year beginning with the first
fiscal year after the date of enactment of this Act, the President,
acting through the Office of Management and Budget and subject to
subsection (b), shall take appropriate measures to ensure that there is
a reduction in the amount expended for the procurement of service
contracts for such fiscal year equal to the reduction in the amount
expended for the Federal workforce in the previous fiscal year as a
result of the requirements of section 3.
(b) Waiver Authority.--The President may waive the requirements
under subsection (a) upon a determination that such waiver is necessary
due to--
(1) a state of war or for reasons of national security; or
(2) an extraordinary emergency threatening life, health,
safety, or property.
SEC. 5. MONITORING AND NOTIFICATION.
The Office of Management and Budget (in consultation with the
Office of Personnel Management) shall--
(1) continuously monitor all agencies and, for each quarter
to which the requirements of section 3(a) apply, determine
whether or not such requirements have been met; and
(2) not later than 14 days after the end of each quarter
described in paragraph (1), submit to the President and each
House of Congress, a written determination as to whether or not
the requirements of section 3(a) have been met.
SEC. 6. REGULATIONS.
Any regulations necessary to carry out this Act may be prescribed
by the President or his designee. | Federal Workforce Reduction Through Attrition Act Requires the Office of Management and Budget (OMB) to ensure that the total number of federal employees in each calendar quarter after the enactment of this Act does not exceed the applicable maximum for such quarter, as determined under this Act. Sets forth a formula for determining the applicable maximum based upon 90% of the total number of federal employees as of September 30, 2013. Requires that compliance with such workforce limitation be made through attrition, or through both attrition and a freeze on appointments if the total number of federal employees exceeds the applicable maximum for a quarter. Requires OMB to: (1) ensure that there is a reduction in the amount expended for the procurement of service contracts for each fiscal year after this Act's enactment equal to the reduction in the amount expended for the federal workforce in the previous fiscal year as a result of the requirements of this Act; and (2) continuously monitor all agencies to determine whether the workforce limitation required by this Act has been met. Allows the President to waive such workforce or service contract limitation if necessary due to: (1) a state of war or for reasons of national security; or (2) an extraordinary emergency threatening life, health, safety, or property. | {"src": "billsum_train", "title": "Federal Workforce Reduction Through Attrition Act"} | 1,209 | 274 | 0.599136 | 1.735816 | 0.835394 | 5.463115 | 4.692623 | 0.905738 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transportation Safety Program
Extension Act of 2003''.
SEC. 2. EXTENSION OF MOTOR CARRIER SAFETY PROGRAM.
(a) Administrative Expenses.--There shall be available from the
Highway Trust Fund (other than the Mass Transit Account) for the
Secretary of Transportation for administration of motor carrier safety
programs, motor carrier safety research, and border enforcement
activities, including the border enforcement program authorized under
section 350 of the Department of Transportation and Related Agencies
Appropriations Act, 2002, $119,125,000 for the period beginning on
October 1, 2003, and ending on February 29, 2004, to carry out the
functions and operations of the Federal Motor Carrier Safety
Administration of which $19,583,000 shall be available for the
construction of State border safety inspection facilities at the border
between the United States and Mexico and at the border between the
United States and Canada and of which $4,583,000 shall be used for
regulatory development.
(b) Motor Carrier Safety Account.--Funds made available under
subsection (a) shall be administered in the account established in the
Treasury entitled ``Motor Carrier Safety 69-8055-0-7-401''.
(c) Maintenance of Expenditures.--The Secretary of Transportation
may make a grant under section 31107 of title 49, United States Code,
to a State from funds made available under subsection (a) only if the
State agrees that the total expenditure of amounts of the State and
political subdivisions of the State, exclusive of United States
Government amounts, will be maintained at a level at least equal to the
average level of that expenditure by the State and political
subdivisions of the State for the last 2 fiscal years before October 1,
2003.
(d) Contract Authority.--Funds made available under subsection (a)
shall be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code.
SEC. 3. EXTENSION OF MOTOR CARRIER SAFETY ASSISTANCE PROGRAM.
(a) Motor Carrier Safety Assistance Program.--Section 31104(a) of
title 49, United States Code, is amended by adding at the end the
following:
``(7) Not more than $77,125,000 for the period beginning on
October 1, 2003, and ending on February 29, 2004.''.
(b) Information Systems.--Section 31107(a) of title 49, United
States Code, is amended--
(1) by striking ``and'' after the semicolon in paragraph
(2);
(2) by striking ``2002.'' in paragraph (3) and inserting
``2002;'';
(3) by striking ``2003.'' in paragraph (4) and inserting
``2003; and''; and
(4) by adding at the end the following:
``(5) $8,333,000 for the period beginning on October 1,
2003, and ending on February 29, 2004.''.
(c) Maintenance of Expenditures.--The Secretary of Transportation
may make a grant to a State from funds made available under section
31104(a)(7) of title 49, United States Code, only if the State agrees
that the total expenditure of amounts of the State and political
subdivisions of the State, exclusive of United States Government
amounts, will be maintained at a level at least equal to the average
level of that expenditure by the State and political subdivisions of
the State for the last 2 fiscal years before October 1, 2003.
SEC. 4. EXTENSION OF HIGHWAY SAFETY PROGRAMS.
(a) Chapter 4 Highway Safety Programs.--Section 2009(a)(1) of the
Transportation Equity Act of the 21st Century (112 Stat. 337) is
amended--
(1) by striking ``and''; and
(2) by striking ``2003.'' and inserting ``2003, and
$68,640,000 for the period beginning on October 1, 2003, and
ending on February 29, 2004.''.
(b) Highway Safety Research and Development.--Section 2009(a)(2) of
that Act (112 Stat. 337) is amended by striking ``2003.'' and inserting
``2003, and $29,952,000 for the period beginning on October 1, 2003,
and ending on February 29, 2004.''.
(c) Occupant Protection Incentive Grants.--Section 2009(a)(3) of
that Act (112 Stat. 337) is amended--
(1) by striking ``and''; and
(2) by striking ``2003.'' and inserting ``2003, and
$8,320,000 for the period beginning on October 1, 2003, and
ending on February 29, 2004.''.
(d) Incentive Grants for Alcohol-Impaired Driving Counter-
Measures.--
(1) Extension of program.--Section 410 of title 23, United
States Code, is amended--
(A) by striking ``6'' in subsection (a)(3) and
inserting ``7''; and
(B) by striking ``fifth and sixth'' in subsection
(a)(4)(C) and inserting ``fifth, sixth, and seventh''.
(2) Authorization of appropriations.--Section 2009(a)(4) of
the Transportation Equity Act of the 21st Century (112 Stat.
337) is amended--
(A) by striking ``and'' the last place it appears;
and
(B) by striking ``2003.'' and inserting ``2003, and
$16,640,000 for the period beginning on October 1,
2003, and ending on February 29, 2004.''.
(e) National Driver Register.--Section 2009(a)(6) of that Act (112
Stat. 338) is amended by striking ``2003.'' and inserting ``2003, and
$1,498,000 for the period beginning on October 1, 2003, and ending on
February 29, 2004.''.
(f) Allocations.--Section 2009(b) of that Act (112 Stat. 338) is
amended by striking ``2003,'' each place it appears and inserting
``2004,''.
(g) Applicability of Title 23.--Section 2009(c) of that Act (112
Stat. 338) is amended by striking ``2003'' and inserting ``2004''.
SEC. 5. EXTENSION OF SPORT FISHING AND BOATING SAFETY PROGRAM.
Section 13106 of title 46, United States Code, is amended by
striking subsection (c) and inserting the following:
``(c) Boating Safety Funds.--
``(1) In general.--Of the amount transferred to the
Secretary of Homeland Security under paragraph (4) of section
4(b) of the Dingell-Johnson Sport Fish Restoration Act (16
U.S.C. 777c(b)), $2,083,333 is available to the Secretary for
payment of expenses of the Coast Guard for personnel and
activities directly related to coordinating and carrying out
the national recreational boating safety program under this
title, of which $833,333 shall be available to the Secretary
only to ensure compliance with chapter 43 of this title.
``(2) Use of funds.--No funds available to the Secretary of
Homeland Security under this subsection may be used--
``(A) to replace funding traditionally provided
through general appropriations; or
``(B) for any purposes except a purpose authorized
by this section.
``(3) Availability of funds.--Amounts made available by
this subsection shall remain available until expended.
``(4) Accounting.--The Secretary shall publish annually in
the Federal Register a detailed accounting of the projects,
programs, and activities funded under this subsection.''. | Transportation Safety Program Extension Act of 2003 - Makes specified Highway Trust Fund amounts available for the period of October 1, 2003, until February 29, 2004, for the Secretary of Transportation for administration of motor carrier safety programs, motor carrier safety research, and border enforcement activities. Provides funding for such period for: (1) the motor carrier safety assistance program (including for information systems); and (2) highway safety programs (including for highway safety research and development, occupant protection incentive grants, incentive grants for alcohol-impaired driving countermeasures, and the National Driver Register). Conditions the making of commercial motor vehicle and motor carrer safety grants to States from such amounts on a State's agreement that total State and local expenditures, exclusive of U.S. Government amounts, will be maintained at a level at least equal to the average level of those expenditures for the last two fiscal years before October 1, 2003.
Makes specified funds available for Coast Guard expenses for personnel and activities directly related to coordinating and carrying out the national recreational boating safety program. Prohibits the use of such funds available to the Secretary of Homeland Security for unauthorized purposes or to replace funding traditionally provided through general appropriations. Requires the Secretary to publish annually in the Federal Register a detailed accounting of the projects, programs, and activities funded. | {"src": "billsum_train", "title": "A bill to provide a 5-month extension of highway safety programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century."} | 1,713 | 272 | 0.643518 | 1.926789 | 0.763196 | 4.333333 | 6.019841 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Security Act of 2017''.
SEC. 2. PROHIBITION OF POSSESSION OF FIREARMS AT AIRPORTS.
(a) Program To Prohibit Possession of Firearms at Airports.--
Section 44903 of title 49, United States Code, is amended by adding at
the end the following new subsection:
``(o) Program To Prohibit Possession of Firearms at Airports.--
``(1) Establishment.--The Administrator of the
Transportation Security Administration shall establish and
carry out a program to prohibit, except as provided in
paragraph (3), any individual from possessing a firearm at a
covered airport, including any individual who enters the
airport, or who exits public transportation at the airport, for
the following purposes:
``(A) Air travel.
``(B) Meeting another individual.
``(C) Picking up cargo.
``(D) Employment at the airport.
``(2) Requirements for airport operators.--In carrying out
the program established under paragraph (1), the Administrator
shall require each airport operator to--
``(A) conspicuously display notices summarizing the
program described in paragraph (1)--
``(i) at each entrance to the airport; and
``(ii) in such form, and containing such
information, as the Administrator shall by
regulation prescribe; and
``(B) require law enforcement personnel to--
``(i) monitor the airport to prevent
violations of paragraph (1); and
``(ii) escort any individual described in
paragraph (3)(B)(ii) who is discovered by such
personnel to be in possession of a firearm
described in paragraph (3)(B)(i), to ensure
that such individual continues to be excepted
from paragraph (1) by reason of being an
individual described in paragraph (3)(B).
``(3) Exceptions.--The following individuals shall not be
prohibited by paragraph (1) from possessing a firearm under
such paragraph:
``(A) Individuals authorized to carry a firearm.--
An individual who, by regulation, is authorized by the
Administrator of the Federal Aviation Administration or
the Administrator of the Transportation Security
Administration to carry a firearm at the covered
airport.
``(B) Travelers.--An individual who possesses a
firearm, if--
``(i) the firearm is unloaded, carried in a
hard-sided container that is locked, and the
key or combination to the lock is in the
exclusive possession of the individual; and
``(ii) the individual--
``(I) is carrying a ticket in the
name of the individual for a flight
that is scheduled for departure from
the covered airport within 24 hours or
that has arrived at the airport within
the preceding 24 hours; or
``(II) communicates the intention
to obtain a ticket for departure
referred to in subclause (I) at the
covered airport and obtains and carries
such ticket or does not obtain such
ticket for a compelling reason.
``(C) Individuals shipping firearms.--An individual
who possesses a firearm in a capacity relating to the
shipment of the firearm in air commerce and who, by
regulation, is authorized by the Administrator of the
Federal Aviation Administration or the Administrator of
the Transportation Security Administration to possess
the firearm at the covered airport in such capacity.
``(D) Law enforcement officers.--An on-duty law
enforcement officer of a State or political subdivision
of a State, or an officer or employee of the Federal
Government, who is authorized to carry a firearm.
``(E) Certain individuals on public
transportation.--An individual passing through an
airport on public transportation.
``(F) Additional authorized individuals.--An
individual who is otherwise authorized by the
Administrator of the Federal Aviation Administration or
the Administrator of the Transportation Security
Administration to possess a firearm at a covered
airport.
``(4) Issuance of regulations.--Not later than one year
after the date of enactment of this Act, the Administrator of
the Transportation Security Administration shall issue
regulations to carry out this subsection.
``(5) Definitions.--In this subsection:
``(A) Airport.--The term `airport' means an airport
and any appurtenant building or area that is related to
the operation of the airport, including a building or
area on the site of the airport designed to--
``(i) receive passengers or cargo before or
after a flight; or
``(ii) facilitate arrival at or departure
from the airport, including--
``(I) a road or section of road
used primarily for arrival at or
departure from the airport;
``(II) an airport parking area; and
``(III) a public transportation
stop.
``(B) Airport operator.--The term `airport
operator' means the operator of a covered airport.
``(C) Administrator.--The term `Administrator'
means the Administrator of the Transportation Security
Administration.
``(D) Covered airport.--The term `covered airport'
means an airport that in the preceding fiscal year
received an amount allocated or apportioned under
chapter 471.
``(E) Firearm.--The term `firearm' has the meaning
given the term in section 921(a)(3) of title 18.
``(F) Public transportation.--The term `public
transportation' means a conveyance that provides
regular and continuing general or special
transportation to the public.''.
(b) Criminal Penalty for Possession.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 932. Possession of firearms at airports
``(a) In General.--Except as provided in subsection (b), an
individual who knowingly possesses a firearm at a covered airport shall
be fined under this title, imprisoned not more than 10 years, or both.
``(b) Exceptions.--Subsection (a) shall not apply to an individual
described in section 44903(o)(3) of title 49.
``(c) Definition of Covered Airport.--In this section, the term
`covered airport' has the meaning given the term in section
44903(o)(5)(D) of title 49.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 30 days after the date on
which the Administrator of the Transportation Security
Administration has issued regulations pursuant to section
44903(o)(4) of title 49, United States Code (as added by
subsection (a)).
(3) Conforming amendment.--The table of sections for
chapter 44 of title 18, United States Code, is amended by
adding at the end the following new item:
``932. Possession of firearms at airports.''. | Airport Security Act of 2017 This bill directs the Transportation Security Administration (TSA) to establish a program to prohibit all but specified authorized individuals from possessing a firearm at a covered airport, including any individual who enters the airport, or exits public transportation at it, for air travel, meeting another individual, picking up cargo, or employment. The TSA shall require airport operators to: display conspicuous notices summarizing the program at each airport entrance, and require law enforcement personnel to monitor the airport to prevent violations and escort air travelers who are authorized to carry a firearm. The bill prescribes criminal penalties for nonauthorized individuals who knowingly possess a firearm at a covered airport. | {"src": "billsum_train", "title": "Airport Security Act of 2017"} | 1,548 | 151 | 0.646434 | 1.57355 | 0.82471 | 3.053435 | 10.679389 | 0.839695 |
SECTION 1. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRASTRUCTURE.
(a) Study.--
(1) In general.--The Secretary of the Air Force shall
conduct a study on the ability of the major air test and
training range infrastructure, including major military
operating area airspace and special use airspace, to support
the full spectrum of Air Force operations. The Secretary shall
incorporate the results of the study into a master plan for
requirements and proposed investments to meet Air Force
training and test needs through 2025. The study and the master
plan shall be known as the ``2025 Air Test and Training Range
Enhancement Plan''.
(2) Consultation.--The Secretary of the Air Force shall, in
conducting the study required under paragraph (1), consult with
the Secretaries of the other military departments to determine
opportunities for joint use and training of the ranges, and to
assess the requirements needed to support combined arms
training on the ranges. The Secretary shall also consult with
the Department of the Interior, the Department of Agriculture,
the Federal Aviation Administration, and the Federal Energy
Regulation Commission to assess the need for transfers of
administrative control of certain parcels to the Department of
Defense to protect the missions and control of the ranges.
(b) Reports.--
(1) In general.--The Secretary of the Air Force shall
submit to the congressional defense committees (as that term is
defined in section 101 of title 10, United States Code) an
interim report and a final report on the plan required under
subsection (a) not later than 120 days and 210 days,
respectively, after the date of the enactment of this Act.
(2) Content.--The plan submitted under paragraph (1)
shall--
(A) document the current condition and adequacy of
the major Air Force test and training range
infrastructure in the United States to meet test and
training requirements;
(B) identify potential areas of concern for
maintaining the physical safety, security, and current
operating environment of such infrastructure;
(C) identify potential issues and threats related
to the sustainability of the test and training
infrastructure, including electromagnetic spectrum
encroachment, overall bandwidth availability, and
protection of classified information;
(D) assess coordination among ranges and local,
state, regional, and Federal entities involved in land
use planning, and develop recommendations on how to
improve communication and coordination of such
entities;
(E) propose remedies and actions to manage economic
development on private lands on or surrounding the test
and training infrastructure to preserve current
capabilities;
(F) identify critical parcels of land not currently
under the control of the Air Force for acquisition of
deed or restrictive easements in order to protect
current operations, access and egress corridors, and
range boundaries, or to expand the capability of the
air test and training ranges;
(G) identify which parcels identified pursuant to
subparagraph (F) could, through the acquisition of
conservation easements, serve military interests while
also preserving recreational access to public and
private lands, protecting wildlife habitat, or
preserving opportunities for energy development and
energy transmission;
(H) prioritize improvements and modernization of
the facilities, equipment, and technology supporting
the infrastructure in order to provide a test and
training environment that accurately simulates and or
portrays the full spectrum of threats and targets of
likely United States adversaries in 2025;
(I) incorporate emerging requirements generated by
requirements for virtual training and new weapon
systems, including the F-22, the F-35, space and cyber
systems, and Remotely Piloted Aircraft;
(J) assess the value of State and local legislative
initiatives to protect Air Force test and training
range infrastructure;
(K) identify parcels with no value to future
military operations; and
(L) propose a list of prioritized projects,
easements, acquisitions, or other actions, including
estimated costs required to upgrade the test and
training range infrastructure, taking into
consideration the criteria set forth in this paragraph.
(3) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a classified
annex as necessary.
(4) Rule of construction.--The reports submitted under this
section shall not be construed as meeting the requirements of
section 2815(d) of the Military Construction Authorization Act
for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852). | Directs the Secretary of the Air Force to: (1) conduct a study on the ability of the major air test and training range infrastructure to support the full spectrum of Air Force operations; (2) develop a master plan for requirements and proposed investments to meet Air Force training and test needs through 2025; and (3) submit to the congressional defense and appropriations committees an interim and final report on the master plan. | {"src": "billsum_train", "title": "A bill to require an Air Force study on the threats to, and sustainability of, the air test and training range infrastructure."} | 915 | 84 | 0.647089 | 1.610689 | 1.568453 | 5.207317 | 10.914634 | 0.963415 |
SECTION 1. INCENTIVES TO INCREASE USE OF HIV SCREENING TESTS UNDER THE
MEDICAID PROGRAM.
(a) Higher Federal Matching Percentage for Routine HIV Screening
Services.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraph (7) as paragraph
(8); and
(B) by inserting after paragraph (6) the following
new paragraph:
``(7) an amount equal to 90 percent of the sums expended
during such quarter which are attributable to the costs of
providing routine HIV screening services (as defined in
subsection (aa)(1)) if the conditions described in subsection
(aa)(2) are met; plus''; and
(2) by adding at the end the following new subsection:
``(aa) Routine HIV Screening Services.--
``(1) In general.--For purposes of this section, the term
`routine HIV screening services' means the following:
``(A) An HIV screening test (and, if such test is
positive, a confirmatory HIV test), including the
interpretation of such tests, that is provided as part
of medical care in any health care setting (other than
an inpatient hospital setting) for an individual who--
``(i) is at least 13, but not more than 64,
years of age;
``(ii) is not known to the health care
provider (directly, through information
provided by the individual, or through access
to an electronic medical record) previously
ever to have had a positive test for HIV or,
subject to paragraph (3), within the previous 6
months to have had any test for HIV; and
``(iii) has been informed that such a test
will be administered and has not objected to
such a test.
``(B) Informing an individual so tested of the
results of the tests at the time of such examination.
``(C) In the case of such an individual who tests
positive for HIV on the screening and confirmatory
tests, post-test counseling concerning HIV at the time,
and as part of, such examination.
``(2) Conditions.--For purposes of subsection (a)(7), the
conditions of this paragraph, with respect to routine HIV
screening services, are that--
``(A) the payment amount for such services under
this title is reasonable and closely approximates the
payment amount for such services under part B of title
XVIII;
``(B) no cost-sharing is imposed under this title
for the provision of such services; and
``(C) in the case of a State for which a political
subdivision is required to contribute towards the non-
Federal share of expenditures for routine HIV screening
services, the increase in the Federal share applicable
under subsection (a)(5) to such services is first
applied to reduce the contribution (but not below zero)
required by such political subdivision.
``(3) Exception.--The limitation under paragraph (1)(A)(ii)
with respect to having a test for HIV within the previous 6
months shall not apply to an individual if the individual
indicates that, because of the individual's possible exposure
to HIV during the intervening period, the individual is at
increased risk of acquiring HIV since such previous test.''.
(b) Conforming Amendments.--
(1) Subparagraphs (E) and (F) of section 1919(h)(2) of such
Act (42 U.S.C. 1396r(h)(2)) are each amended by striking
``1903(a)(7)'' and inserting ``1903(a)(8)''.
(2) Paragraphs (1) and (2) of section 1931(h) of such Act
(42 U.S.C. 1396u-1(h)) are each amended by striking
``1903(a)(7)'' and inserting ``1903(a)(8)''.
(3) Section 1938(d)(4) of such Act (42 U.S.C. 1396u-
8(d)(4)) is amended by striking ``1903(a)(7)'' and inserting
``1903(a)(8)''.
(4) Section 1940(j) of such Act (42 U.S.C. 1396w(j)) is
amended by striking ``paragraph (7)'' and inserting ``paragraph
(8)''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to services furnished on or after the date of the enactment of
this Act.
(d) Report.--Not later 2 years after the date of the enactment of
this Act, the Secretary of Health and Human Services shall submit a
report to Congress on barriers that exist for Medicaid beneficiaries to
access routine HIV screening services (as defined in section 1903(aa)
of the Social Security Act, as added by subsection (a)(2)). Such report
shall include recommendations on how to reduce such barriers to access
such services. | Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services (HHS) to make quarterly payments to states with Medicaid plans for 90% of their expenditures for routine HIV screening services. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to provide incentives for increased use of HIV screening tests under the Medicaid Program."} | 1,100 | 52 | 0.502037 | 1.238394 | 0.359305 | 2.568182 | 22.25 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sandra Day O'Connor Civic Learning
Act of 2015''.
SEC. 2. CIVIC LEARNING GRANTS.
(a) In General.--Subpart 3 of part C of title II of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6711 et seq.) is
amended--
(1) by repealing sections 2341 through 2344 and inserting
the following:
``SEC. 2341. CIVIC LEARNING GRANTS.
``(a) In General.--The Secretary may award competitive grants to
eligible entities for the development and implementation of programs to
promote civic learning and engagement, American history, geography, and
economics.
``(b) Use of Funds.--An eligible entity shall use a grant received
under this section to develop and implement a program to promote civic
learning and engagement, American history, geography, or economics
through instruction, professional development, and evaluation
activities that promote any of the following:
``(1) Equity through access to funding and program
benefits, including--
``(A) programs that meet the needs of students with
divergent learning styles, students of varying ethnic,
racial, and socio-economic backgrounds, and students
who are English language learners; and
``(B) resources that serve student populations that
have not traditionally received opportunities for high
quality, engaging instruction in civics, history,
geography or economics, with a special emphasis on
inner-city and rural underserved students.
``(2) Innovation through design, settings, and delivery,
including service learning, interactive on-line programming,
and other approaches to engaging students in active learning
and civic participation.
``(3) Scalability through broad, cost-effective
implementation and institutionalization, including--
``(A) use of the latest technological developments;
``(B) an emphasis on programs designed to address
relevant State and National educational standards; and
``(C) utilization of low per-participant cost
models of expanding the number of active students and
teachers.
``(4) Accountability through assessment and identification
of best practice models, including--
``(A) independent research and evaluation to help
assess the effects of civic education programs on
students' knowledge, skills, and traits of character
essential for the preservation and improvement of
constitutional democracy;
``(B) identifying techniques that succeed with
traditionally underserved student populations; and
``(C) evaluation of teachers' knowledge and the
adequacy of the teaching facility.
``(c) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a nonprofit educational organization.''; and
(2) by redesignating sections 2345 and 2346 as sections
2342 and 2343, respectively.
(b) Conforming Changes.--
(1) Section 2342 of such Act (20 U.S.C. 6715), as
redesignated by subsection (a)(2), is amended--
(A) in subsection (a)--
(i) by striking ``organizations described
in section 2343(a)(3)'' each place it appears
and inserting ``organizations experienced in
the development of curricula and programs in
civics and government education and economic
education for students in elementary schools
and secondary schools in countries other than
the United States''; and
(ii) by striking ``use funds made available
under grants or contracts under section 2343
to'';
(B) in subsection (b), by striking ``the Center for
Civic Education, the National Council on Economic
Education, and organizations described in section
2343(a)(3)'' and inserting ``an entity specified in
subsection (a)'';
(C) in subsection (e), by striking ``described in
section 2343'' and inserting ``specified in subsection
(a)''; and
(D) in subsection (f)(2), by striking ``the Center
for Civic Education, the National Council on Economic
Education, or organizations described in section
2343(a)(3)'' and inserting ``an entity specified in
subsection (a)''.
(2) The table of contents of such Act (20 U.S.C. 6301 et
seq.) is amended by striking the items relating to sections
2341 through 2346 and inserting the following:
``2341. Civic learning grants.
``2342. Cooperative civic education and economic education exchange
programs.
``2343. Authorization of appropriations.''.
(c) Authorization of Appropriations.--Section 2343 of such Act (20
U.S.C. 6716), as redesignated by subsection (a)(2), is amended to read
as follows:
``SEC. 2343. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for each of fiscal years
2016 through 2021--
``(1) $28,500,000 for grants under section 2341; and
``(2) $1,500,000 for programs under section 2342.''. | Sandra Day O'Connor Civic Learning Act of 2015 This bill amends part C (Innovation for Teacher Quality) of title II of the Elementary and Secondary Education Act of 1965 to repeal the We the People civic education program and replace it with a competitive grant program to promote civic learning and engagement, American history, geography, and economics. The bill authorizes the Department of Education to award grants to nonprofit educational organizations to develop and implement such programs through instruction, professional development, and evaluation activities that promote equity, innovation, scalability, and accountability. | {"src": "billsum_train", "title": "Sandra Day O'Connor Civic Learning Act of 2015"} | 1,112 | 115 | 0.592962 | 1.573039 | 0.634163 | 3.548077 | 9.740385 | 0.894231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NATO Freedom Consolidation Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The sustained commitment of the North Atlantic Treaty
Organization (NATO) to mutual defense has made possible the
democratic transformation of Central and Eastern Europe. Members of
the North Atlantic Treaty Organization can and should play a
critical role in addressing the security challenges of the post-
Cold War era in creating the stable environment needed for those
emerging democracies in Europe.
(2) Lasting stability and security in Europe requires the
military, economic, and political integration of emerging
democracies into existing European structures.
(3) In an era of threats from terrorism and the proliferation
of weapons of mass destruction, the North Atlantic Treaty
Organization is increasingly contributing to security in the face
of global security challenges for the protection and interests of
its member states.
(4) In the NATO Participation Act of 1994 (title II of Public
Law 103-447; 22 U.S.C. 1928 note), Congress declared that ``full
and active participants in the Partnership for Peace in a position
to further the principles of the North Atlantic Treaty and to
contribute to the security of the North Atlantic area should be
invited to become full NATO members in accordance with Article 10
of such Treaty at an early date . . .''.
(5) In the NATO Enlargement Facilitation Act of 1996 (title VI
of section 101(c) of title I of division A of Public Law 104-208;
22 U.S.C. 1928 note), Congress called for the prompt admission of
Poland, Hungary, the Czech Republic, and Slovenia to the North
Atlantic Treaty Organization, and declared that ``in order to
promote economic stability and security in Slovakia, Estonia,
Latvia, Lithuania, Romania, Bulgaria, Albania, Moldova, and Ukraine
. . . the process of enlarging NATO to include emerging democracies
in Central and Eastern Europe should not be limited to
consideration of admitting Poland, Hungary, the Czech Republic, and
Slovenia as full members of the NATO Alliance''.
(6) In the European Security Act of 1998 (title XXVII of
division G of Public Law 105-277; 22 U.S.C. 1928 note), Congress
declared that ``Poland, Hungary, and the Czech Republic should not
be the last emerging democracies in Central and Eastern Europe
invited to join NATO'' and that ``Romania, Estonia, Latvia,
Lithuania, and Bulgaria . . . would make an outstanding
contribution to furthering the goals of NATO and enhancing
stability, freedom, and peace in Europe should they become NATO
members [and] upon complete satisfaction of all relevant criteria
should be invited to become full NATO members at the earliest
possible date''.
(7) In the Gerald B. H. Solomon Freedom Consolidation Act of
2002 (Public Law 107-187; 22 U.S.C. 1928 note), Congress endorsed
``. . . the vision of further enlargement of the NATO Alliance
articulated by President George W. Bush on June 15, 2001, and by
former President William J. Clinton on October 22, 1996''.
(8) At the Madrid Summit of the North Atlantic Treaty
Organization in July 1997, Poland, Hungary, and the Czech Republic
were invited to join the Alliance, and the North Atlantic Treaty
Organization heads of state and government issued a declaration
stating ``[t]he alliance expects to extend further invitations in
coming years to nations willing and able to assume the
responsibilities and obligations of membership . . . [n]o European
democratic country whose admission would fulfill the objectives of
the [North Atlantic] Treaty will be excluded from consideration''.
(9) At the Washington Summit of the North Atlantic Treaty
Organization in April 1999, the North Atlantic Treaty Organization
heads of state and government issued a communique declaring ``[w]e
pledge that NATO will continue to welcome new members in a position
to further the principles of the [North Atlantic] Treaty and
contribute to peace and security in the Euro-Atlantic area . . .
[t]he three new members will not be the last . . . [n]o European
democratic country whose admission would fulfill the objectives of
the Treaty will be excluded from consideration, regardless of its
geographic location . . .''.
(10) In May 2000 in Vilnius, Lithuania, the foreign ministers
of Albania, Bulgaria, Estonia, Latvia, Lithuania, the Republic of
Macedonia (FYROM), Romania, Slovakia, and Slovenia issued a
statement (later joined by Croatia) declaring that--
(A) their countries will cooperate in jointly seeking
membership in the North Atlantic Treaty Organization in the
next round of enlargement of the North Atlantic Treaty
Organization;
(B) the realization of membership in the North Atlantic
Treaty Organization by one or more of these countries would be
a success for all; and
(C) eventual membership in the North Atlantic Treaty
Organization for all of these countries would be a success for
Europe and for the North Atlantic Treaty Organization.
(11) On June 15, 2001, in a speech in Warsaw, Poland, President
George W. Bush stated ``[a]ll of Europe's new democracies, from the
Baltic to the Black Sea and all that lie between, should have the
same chance for security and freedom--and the same chance to join
the institutions of Europe--as Europe's old democracies have . . .
I believe in NATO membership for all of Europe's democracies that
seek it and are ready to share the responsibilities that NATO
brings . . . [a]s we plan to enlarge NATO, no nation should be used
as a pawn in the agenda of others . . . [w]e will not trade away
the fate of free European peoples . . . [n]o more Munichs . . .
[n]o more Yaltas . . . [a]s we plan the Prague Summit, we should
not calculate how little we can get away with, but how much we can
do to advance the cause of freedom''.
(12) On October 22, 1996, in a speech in Detroit, Michigan,
former President William J. Clinton stated ``NATO's doors will not
close behind its first new members . . . NATO should remain open to
all of Europe's emerging democracies who are ready to shoulder the
responsibilities of membership . . . [n]o nation will be
automatically excluded . . . [n]o country outside NATO will have a
veto . . . [a] gray zone of insecurity must not reemerge in
Europe''.
(13) At the Prague Summit of the North Atlantic Treaty
Organization in November 2002, Bulgaria, Estonia, Latvia,
Lithuania, Romania, Slovakia, and Slovenia were invited to join the
Alliance in the second round of enlargement of the North Atlantic
Treaty Organization since the end of the Cold War, and the North
Atlantic Treaty Organization heads of state and government issued a
declaration stating ``NATO's door will remain open to European
democracies willing and able to assume the responsibilities and
obligations of membership, in accordance with Article 10 of the
Washington Treaty''.
(14) On May 8, 2003, the United States Senate unanimously
approved the Resolution of Ratification to Accompany Treaty
Document No. 108-4, Protocols to the North Atlantic Treaty of 1949
on Accession of Bulgaria, Estonia, Latvia, Lithuania, Romania,
Slovakia, and Slovenia, inviting Bulgaria, Estonia, Latvia,
Lithuania, Romania, Slovakia, and Slovenia to join the North
Atlantic Treaty Organization.
(15) At the Istanbul Summit of the North Atlantic Treaty
Organization in June 2004, the North Atlantic Treaty Organization
heads of state and government issued a communique reaffirming that
NATO's door remains open to new members, declaring ``[w]e celebrate
the success of NATO's Open Door Policy, and reaffirm tody that our
seven new members will not be the last. The door to membership
remains open. We welcome the progress made by Albania, Croatia, and
the former Yugoslav Republic of Macedonia (1) in implementing their
Annual National Programmes under the Membership Action Plan, and
encourage them to continue pursuing the reforms necessary to
progress toward NATO membership. We also commend their contribution
to regional stability and cooperation. We want all three countries
to succeed and will continue to assist them in their reform
efforts. NATO will continue to assess each country's candidacy
individually, based on the progress made towards reform goals
pursued through the Membership Action Plan, which will remain the
vehicle to keep the readiness of each aspirant for membership under
review. We direct that NATO Foreign Ministers keep the enlargement
process, including the implementation of the Membership Action
Plan, under continual review and report to us. We will review at
the next Summit progress by aspirants towards membership based on
that report''.
(16) Georgia and Ukraine have stated their desire to join the
Euro-Atlantic community, and in particular, are seeking to join the
North Atlantic Treaty Organization. Georgia and Ukraine are working
closely with the North Atlantic Treaty Organization and its members
to meet criteria for eventual membership in NATO.
(17) At a press conference with President Mikhail Saakashvili
of Georgia in Washington, D.C. on July 5, 2006, President George W.
Bush stated that ``. . . I believe that NATO would benefit with
Georgia being a member of NATO, and I think Georgia would benefit.
And there's a way forward through the Membership Action Plan . . .
And I'm a believer in the expansion of NATO. I think it's in the
world's interest that we expand NATO''.
(18) Following a meeting of NATO Foreign Ministers in New York
on September 21, 2006, NATO Secretary General Jaap de Hoop Scheffer
announced the launching of an Intensified Dialogue on membership
between the Alliance and Georgia.
(19) At the NATO-Ukraine Commission Summit in Brussels in
February 2005, President of Ukraine Victor Yushchenko declared
membership in NATO as the ultimate goal of Ukraine's cooperation
with the Alliance and expressed Ukraine's desire to conclude a
Membership Action Plan.
(20) At the NATO-Ukraine Commission Foreign Ministerial meeting
in Vilnius in April 2005, NATO and Ukraine launched an Intensified
Dialogue on the potential membership of Ukraine in NATO.
(21) At the Riga Summit of the North Atlantic Treaty
Organization in November 2006, the Heads of State and Government of
the member countries of NATO issued a declaration reaffirming that
NATO's door remains open to new members, declaring that ``all
European democratic countries may be considered for MAP (Membership
Action Plan) or admission, subject to decision by the NAC (North
Atlantic Council) at each stage, based on the performance of these
countries towards meeting the objectives of the North Atlantic
Treaty. We direct that NATO Foreign Ministers keep that process
under continual review and report to us. We welcome the efforts of
Albania, Croatia, and the former Yugoslav Republic of Macedonia to
prepare themselves for the responsibilities and obligations of
membership. We reaffirm that the Alliance will continue with
Georgia and Ukraine its Intensified Dialogues which cover the full
range of political, military, financial and security issues
relating to those countries' aspirations to membership, without
prejudice to any eventual Alliance decision. We reaffirm the
importance of the NATO-Ukraine Distinctive Partnership, which has
its 10th anniversary next year and welcome the progress that has
been made in the framework of our Intensified Dialogue. We
appreciate Ukraine's substantial contributions to our common
security, including through participation in NATO-led operations
and efforts to promote regional cooperation. We encourage Ukraine
to continue to contribute to regional security. We are determined
to continue to assist, through practical cooperation, in the
implementation of far-reaching reform efforts, notably in the
fields of national security, defence, reform of the defence-
industrial sector and fighting corruption. We welcome the
commencement of an Intensified Dialogue with Georgia as well as
Georgia's contribution to international peacekeeping and security
operations. We will continue to engage actively with Georgia in
support of its reform process. We encourage Georgia to continue
progress on political, economic and military reforms, including
strengthening judicial reform, as well as the peaceful resolution
of outstanding conflicts on its territory. We reaffirm that it is
of great importance that all parties in the region should engage
constructively to promote regional peace and stability.''.
(22) Contingent upon their continued implementation of
democratic, defense, and economic reform, and their willingness and
ability to meet the responsibilities of membership in the North
Atlantic Treaty Organization and a clear expression of national
intent to do so, Congress calls for the timely admission of
Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine to the
North Atlantic Treaty Organization to promote security and
stability in Europe.
SEC. 3. DECLARATIONS OF POLICY.
Congress--
(1) reaffirms its previous expressions of support for continued
enlargement of the North Atlantic Treaty Organization contained in
the NATO Participation Act of 1994, the NATO Enlargement
Facilitation Act of 1996, the European Security Act of 1998, and
the Gerald B. H. Solomon Freedom Consolidation Act of 2002;
(2) supports the commitment to further enlargement of the North
Atlantic Treaty Organization to include European democracies that
are able and willing to meet the responsibilities of Membership, as
expressed by the Alliance in its Madrid Summit Declaration of 1997,
its Washington Summit Communique of 1999, its Prague Summit
Declaration of 2002, its Istanbul Summit Communique of 2004, and
its Riga Summit Declaration of 2006; and
(3) endorses the vision of further enlargement of the North
Atlantic Treaty Organization articulated by President George W.
Bush on June 15, 2001, and by former President William J. Clinton
on October 22, 1996, and urges our allies in the North Atlantic
Treaty Organization to work with the United States to realize a
role for the North Atlantic Treaty Organization in promoting global
security, including continued support for enlargement to include
qualified candidate states, specifically by entering into a
Membership Action Plan with Georgia and recognizing the progress
toward meeting the responsibilities and obligations of NATO
membership by Albania, Croatia, Georgia, Macedonia (FYROM), and
Ukraine.
SEC. 4. DESIGNATION OF ALBANIA, CROATIA, GEORGIA, MACEDONIA (FYROM),
AND UKRAINE AS ELIGIBLE TO RECEIVE ASSISTANCE UNDER THE NATO
PARTICIPATION ACT OF 1994.
(a) Designation.--
(1) Albania.--The Republic of Albania is designated as eligible
to receive assistance under the program established under section
203(a) of the NATO Participation Act of 1994 (title II of Public
Law 103-447; 22 U.S.C. 1928 note), and shall be deemed to have been
so designated pursuant to section 203(d)(1) of such Act.
(2) Croatia.--The Republic of Croatia is designated as eligible
to receive assistance under the program established under section
203(a) of the NATO Participation Act of 1994, and shall be deemed
to have been so designated pursuant to section 203(d)(1) of such
Act.
(3) Georgia.--Georgia is designated as eligible to receive
assistance under the program established under section 203(a) of
the NATO Participation Act of 1994, and shall be deemed to have
been so designated pursuant to section 203(d)(1) of such Act.
(4) Macedonia (fyrom).--The Republic of Macedonia (FYROM) is
designated as eligible to receive assistance under the program
established under section 203(a) of the NATO Participation Act of
1994, and shall be deemed to have been so designated pursuant to
section 203(d)(1) of such Act.
(5) Ukraine.--Ukraine is designated as eligible to receive
assistance under the program established under section 203(a) of
the NATO Participation Act of 1994, and shall be deemed to have
been so designated pursuant to section 203(d)(1) of such Act.
(b) Rule of Construction.--The designation of the Republic of
Albania, the Republic of Croatia, Georgia, the Republic of Macedonia
(FYROM), and Ukraine pursuant to subsection (a) as eligible to receive
assistance under the program established under section 203(a) of the
NATO Participation Act of 1994--
(1) is in addition to the designation of Poland, Hungary, the
Czech Republic, and Slovenia pursuant to section 606 of the NATO
Enlargement Facilitation Act of 1996 (title VI of section 101(c) of
title I of division A of Public Law 104-208; 22 U.S.C. 1928 note),
the designation of Romania, Estonia, Latvia, Lithuania, and
Bulgaria pursuant to section 2703(b) of the European Security Act
of 1998 (title XXVII of division G of Public Law 105-277; 22 U.S.C.
1928 note), and the designation of Slovakia pursuant to section
4(a) of the Gerald B. H. Solomon Freedom Consolidation Act of 2002
(Public Law 107-187; 22 U.S.C. 1928 note) as eligible to receive
assistance under the program established under section 203(a) of
the NATO Participation Act of 1994; and
(2) shall not preclude the designation by the President of
other countries pursuant to section 203(d)(2) of the NATO
Participation Act of 1994 as eligible to receive assistance under
the program established under section 203(a) of such Act.
SEC. 5. AUTHORIZATION OF SECURITY ASSISTANCE FOR COUNTRIES DESIGNATED
UNDER THE NATO PARTICIPATION ACT OF 1994.
Of the amounts made available for fiscal year 2008 under section 23
of the Arms Export Control Act (22 U.S.C. 2763) such sums as may be
necessary are authorized to be appropriated for assistance to the
Republic of Albania, the Republic of Croatia, Georgia, the Republic of
Macedonia (FYROM), and Ukraine.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | NATO Freedom Consolidation Act of 2007 - Designates Albania, Croatia, Georgia, Macedonia (FYROM), and Ukraine as eligible to receive assistance under the NATO Participation Act of 1994.
States that such designation: (1) is in addition to the designation of Poland, Hungary, the Czech Republic, and Slovenia pursuant to the NATO Enlargement Facilitation Act of 1996, the designation of Romania, Estonia, Latvia, Lithuania, and Bulgaria pursuant to the European Security Act of 1998, and the designation of Slovakia pursuant to the Gerald B. H. Solomon Freedom Consolidation Act of 2002 as eligible to receive assistance under the NATO Participation Act of 1994; and (2) shall not preclude the designation by the President of other countries as eligible to receive assistance under the NATO Participation Act of 1994.
Authorizes FY2008 appropriations for security assistance to: (1) Albania; (2) Croatia; (3) Georgia; (4) Macedonia (FYROM); and (5) Ukraine. | {"src": "billsum_train", "title": "A bill to endorse further enlargement of the North Atlantic Treaty Organization (NATO) and to facilitate the timely admission of new members to NATO, and for other purposes."} | 4,000 | 203 | 0.587472 | 1.814436 | 0.714007 | 7.297872 | 19.218085 | 0.968085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Family Enterprise
Preservation Act of 1995''.
SEC. 2. INCREASE IN UNIFIED ESTATE AND GIFT TAX CREDITS FOR FAMILY
ENTERPRISES.
(a) Estate Tax.--Section 2010 of the Internal Revenue Code of 1986
(relating to unified credit against estate tax) is amended by
redesignating subsections (b) and (c) as subsections (c) and (d),
respectively, by inserting after subsection (a) the following new
subsection:
``(b) Additional Credit for Family Enterprises.--The amount of the
credit allowable under subsection (a) shall be increased by an amount
equal to the value of any family enterprise property (as defined in
section 2032B(b)) included in the decedent's gross estate, to the
extent the additional credit does not exceed $121,800.''
(b) Gift Tax.--Section 2505 of such Code (relating to unified
credit against gift tax) is amended by redesignating subsections (b)
and (c) as subsections (c) and (d), respectively, and by inserting
after subsection (a) the following new subsection:
``(b) Additional Credit for Family Enterprises.--The amount of the
credit allowable under subsection (a) for each calendar year shall be
increased by an amount equal to--
``(1) the value of taxable gifts of family enterprise
property (as defined in section 2032B(b)), to the extent the
additional credit does not exceed $121,800, reduced by
``(2) the sum of the amounts allowable as a credit to the
individual under this subsection for all preceding calendar
periods.''
(c) Effective Dates.--
(1) Estate tax credit.--The amendments made by subsection
(a) shall apply to the estates of decedents dying after
December 31, 1995.
(2) Gift tax credit.--The amendments made by subsection (b)
shall apply to gifts made after December 31, 1995.
SEC. 3. INCREASE IN ANNUAL GIFT TAX EXCLUSION.
(a) In General.--Section 2503 of the Internal Revenue Code of 1986
(relating to taxable gifts) is amended by redesignating subsection (c)
as subsection (d) and by inserting after subsection (b) the following
new subsection:
``(c) Additional Exclusion From Gifts.--The amount of the exclusion
allowable under subsection (b) during a calendar year shall be
increased by an amount equal to the value of gifts of family enterprise
property (as defined in section 2032B(b)) made during such year, to the
extent such value does not exceed $10,000.''
(b) Effective Date.--The amendments made by this section shall
apply to gifts made after December 31, 1995.
SEC. 4. FAMILY ENTERPRISE INTERESTS.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2032A the following new section:
``SEC. 2032B. FAMILY ENTERPRISE PROPERTY.
``(a) General Rule.--The value of family enterprise property
included in the gross estate of a decedent who is a citizen or resident
of the United States shall be--
``(1) the value of such property, reduced by
``(2) the lesser of--
``(A) 50 percent of the value of such property, or
``(B) $1,000,000.
``(b) Family Enterprise Property.--
``(1) In general.--For purposes of this section, the term
`family enterprise property' means any interest in real or
personal property which is devoted to use as a farm or used for
farming purposes (within the meaning of paragraphs (4) and (5)
of section 2032A(e)) or is used in any other trade or business,
if at least 80 percent of the ownership interests in such farm
or other trade or business is held--
``(A) by 5 or fewer individuals, or
``(B) by individuals who are members of the same
family within the meaning of section 2032A(e)(2)).
``(2) Limited partnership interest excluded.--An interest
in a limited partnership, other than a family limited
partnership, shall in no event be treated as family enterprise
property.
``(c) Tax Treatment of Dispositions and Failure To Use for
Qualifying Use.--
``(1) Imposition of additional estate tax.--With respect to
family enterprise property acquired from or passed from the
decedent to an individual, if within 10 years after the
decedent's death and before the death of such individual--
``(A) such individual disposes of any interest in
such property (other than by a disposition to a member
of the individual's family), or
``(B) such individual or a member of the
individual's family ceases to participate in the active
management of such property,
then there is hereby imposed an additional estate tax.
``(2) Amount of additional tax.--The amount of the
additional tax imposed by paragraph (1) with respect to any
interest in family enterprise property shall be--
``(A) the amount determined under section
2032A(c)(2) with respect to such interest, reduced by
``(B) 5 percent of the amount described in
subparagraph (A) for each year following the date of
the decedent's death in which the individual described
in paragraph (1) or a member of the individual's family
participated in the active management of such family
enterprise property.
Rules similar to the rules of paragraphs (3), (4), and (5) of
section 2032A(c) shall apply to such tax.
``(3) Active management.--For purposes of this subsection,
the term `active management' means the making of the management
decisions of a business other than the daily operating
decisions.''
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2032A the following new item:
``Sec. 2032B. Family enterprise
property.''
(c) Effective Date.--The amendments made by this section shall
apply to the estates of decedents dying after December 31, 1995.
SEC. 5. VALUATION OF CERTAIN FARM, ETC., REAL PROPERTY.
(a) In General.--Section 2032A(a)(2) of the Internal Revenue Code
of 1986 (relating to limitation on aggregate reduction in fair market
value) is amended by striking ``$750,000'' and inserting
``$1,000,000''.
(b) Effective Date.--The amendment made by this section shall apply
to the estates of decedents dying after December 31, 1995. | National Family Enterprise Preservation Act of 1995 - Amends the Internal Revenue Code to increase the estate tax credit and the gift tax credit by amounts equal to the value of any family enterprise property, with limitations.
Increases the gift tax exclusion by the value of gifts of family enterprise property, with limitations.
Establishes a formula for determining the value of family enterprise property.
Increases the limitation on the aggregate reduction in fair market value of certain farm property and other real property. | {"src": "billsum_train", "title": "National Family Enterprise Preservation Act of 1995"} | 1,539 | 100 | 0.584947 | 1.392332 | 0.747618 | 3.141304 | 14.869565 | 0.902174 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Organ Donation Clarification Act of
2016''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) As of January 2016, 121,000 people await an organ
transplant, with 100,000 of those people waiting for a kidney,
and average wait times are approaching five years for a kidney,
with twice as many people being added to waiting lists as
getting a transplant.
(2) Living donor kidney transplants peaked in 2006 and have
declined since due to a scarcity of living donors.
(3) Of the roughly two million Americans who die annually,
only 10,500 to 13,800, representing less than one percent of
all deaths each year, possess major organs healthy enough for
transplanting.
(4) On average, 22 people a day died while waiting for an
organ, with the majority of those people waiting on a kidney.
(5) In 2013 nearly 3,000 people were permanently removed
from kidney waiting lists and 2,000 from liver, heart, and
lungs waiting lists because they became permanently too sick to
receive a transplant.
(6) 90% of dialysis patients are not employed because
dialysis requires multiple treatments per week which last
several hours and leave patients drained, thus creating a huge
financial burden on the patients, their families, and the
government which is not included in the cost estimates above.
(7) A patient receiving a kidney transplant on average has
an additional 10-15 years of life at a much more enjoyable and
productive level as compared with remaining on dialysis, while
receiving a kidney from a living donor providing 4-8 years of
additional life as compared to receiving a kidney from a
deceased donor.
(8) As medical advances extend people's lives as they wait
for an organ transplant, waiting lists will get longer and the
costs for individuals and the Federal Government will increase
significantly.
(9) Roughly seven percent of the Medicare budget goes to
the End Stage Renal Disease Program, with dialysis costing
Medicare over $87,000 per patient per year, as Federal law
dictates that Medicare will cover dialysis for everyone who has
made minimal Social Security tax payments.
(10) A kidney transplant pays for itself in less than two
years, with each transplant saving an average of over $745,000
in medical costs over a 10-year period, 75 percent of which is
savings to the taxpayers.
(11) Experts project that if the supply of transplant
kidneys could be increased to meet the demand, taxpayers would
save more than $5,500,000,000 per year in medical costs.
(12) The World Health Organization estimates that 10
percent of all transplants take place on the international
black market, the last choice for desperate patients facing an
alternative of death, however recipients often face infected
kidneys and have poor health outcomes and donors are often
victimized.
(13) Present policy on domestic donation, which is not
evidence based and has never been subject to studies or pilots
to determine effectiveness in increasing the availability of
donated organs and the effectiveness of safeguards that prevent
coercion or exploitation, precludes all but altruistic
donation, prohibiting any form of incentive or benefit for
donors.
(14) Experts are arriving at a consensus that trials are
necessary to find new methods of promoting additional organ
donation which will save lives and reduce organ trafficking.
SEC. 3. CLARIFICATION OF CERTAIN PROVISIONS OF THE NATIONAL ORGAN
TRANSPLANT ACT.
(a) Relation to Other Laws.--
(1) Governments encouraging organ donation.--Section 301 of
the National Organ Transplant Act (42 U.S.C. 274e) shall not--
(A) apply to actions taken by the Government of the
United States or any State, territory, tribe, or local
government of the United States to carry out a covered
pilot program; or
(B) prohibit acceptance of any noncash benefits
provided by the pilot program under subparagraph (A).
(2) No prohibition on other benefits programs.--Nothing in
this section shall be construed to prohibit actions, other than
actions described in this section, taken by any State,
territory, tribe, or unit of local government in the United
States to provide benefits for organ donation, including
pursuant to section 301 of the National Organ Transplant Act
(42 U.S.C. 274e).
(3) Clarification of meaning of benefit.--For purposes of
the National Organ Transplant Act, valuable consideration does
not include the following:
(A) Reimbursement for travel, lodging, food during
travel, and other expenses related to donation.
(B) Provision of or reimbursement for dependent
care needs related to donation.
(C) Reimbursement for lost wages related to
donation.
(D) Medical expenses related to donation and all
related follow up care including preventative follow up
care and medication.
(E) Paperwork or legal costs related to donation.
(F) Any insurance policy against the risk of death
or disability as a result of donating an organ or the
longer-term health effects of having donated an organ.
(b) Definition.--In this section:
(1) The term ``organ'' means the human kidney, liver,
heart, lung, pancreas, bone marrow obtained by aspirate,
cornea, eye, bone and other musculoskeletal tissue, skin, and
heart valves and other cardio and vascular tissue.
(2) The term ``covered pilot program'' means a pilot
program approved by the Secretary of Health and Human Services,
subject to an ethical review board process, with a term of not
more than 5 fiscal years, for the purpose of measuring the
effect of removing disincentives or providing a noncash benefit
that may increase the organ pool. Distributions of organs from
deceased donors under the pilot program shall be conducted only
through the Organ Procurement and Transplantation Network at a
transplant center approved by the United Network for Organ
Sharing or any other entity designated by the Secretary of
Health and Human Services. | Organ Donation Clarification Act of 2016 This bill allows the exchange of human organs for valuable consideration (anything of value) under pilot programs approved by the Department of Health and Human Services to measure the effect of removing disincentives or providing a noncash benefit that may increase organ availability. (Currently, exchanging human organs for valuable consideration is prohibited by the National Organ Transplant Act.) In addition to reimbursements permitted in the National Organ Transplant Act, this bill declares that valuable consideration does not include: dependent care needs related to organ donation, medical expenses related to donation and all related follow-up care including preventive follow-up care and medication, paperwork or legal costs related to donation, or an insurance policy against the risk of death or disability as a result of donating an organ or the longer-term health effects of having donated an organ. | {"src": "billsum_train", "title": "Organ Donation Clarification Act of 2016"} | 1,275 | 182 | 0.405603 | 1.130329 | 0.595555 | 4.243902 | 7.445122 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Fuels Act of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered entity.--The term ``covered entity'' means--
(A) any entity engaged in the design, manufacture,
sale, or distribution of any qualified product, blend
stock, or component of any qualified product; or
(B) any entity engaged in the design, manufacture,
sale, or distribution of any motor vehicle, motor
vehicle engine, nonroad vehicle, nonroad engine, or
nonroad equipment.
(2) Motor vehicle.--The term ``motor vehicle'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(3) Motor vehicle engine.--The term ``motor vehicle
engine'' means an engine in a motor vehicle.
(4) Nonroad engine.--The term ``nonroad engine'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(5) Nonroad equipment.--The term ``nonroad equipment''
means any recreational, construction, industrial, agricultural,
logging, residential, commercial lawn and garden, or other
equipment that incorporates a nonroad engine.
(6) Nonroad vehicle.--The term ``nonroad vehicle'' has the
meaning given the term in section 216 of the Clean Air Act (42
U.S.C. 7550).
(7) Person.--The term ``person'' has the meaning given the
term in section 1 of title 1, United States Code, except that
the term includes any governmental entity.
(8) Qualified civil liability action.--The term ``qualified
civil liability action'' means any civil action or proceeding
brought by any person against a covered entity for damages,
punitive damages, injunctive or declaratory relief, abatement,
restitution, fines, penalties, or other relief, resulting from
the introduction of any qualified product into any motor
vehicle, motor vehicle engine, nonroad vehicle, nonroad engine,
or nonroad equipment.
(9) Qualified product.--The term ``qualified product''
means--
(A) any transportation fuel or transportation fuel
additive that is registered, or for which an updated
registration is accepted, for introduction into
interstate commerce by the Administrator of the
Environmental Protection Agency under section 211(b) of
the Clean Air Act (42 U.S.C. 7545(b)) or any other
Federal law enacted on or after October 13, 2010; or
(B) a transportation fuel or transportation fuel
additive that--
(i) contains any renewable fuel (as defined
in section 211(o)(1) of the Clean Air Act (42
U.S.C. 7545(o)(1))); and
(ii) is designated for introduction into
interstate commerce by the Administrator of the
Environmental Protection Agency or the
Secretary of Energy under the Clean Air Act (42
U.S.C. 7401 et seq.), the Energy Policy Act of
1992 (42 U.S.C. 13201 et seq.), or any other
Federal law enacted on or after October 13,
2010.
(10) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
SEC. 3. FUEL COMPATIBILITY.
(a) Compatibility.--Subtitle I of the Solid Waste Disposal Act (42
U.S.C. 9001 et seq.) is amended--
(1) by redesignating section 9014 as section 9015; and
(2) by inserting after section 9013 the following:
``SEC. 9014. COMPATIBILITY.
``(a) Definitions.--In this section:
``(1) Associated dispensing equipment.--The term
`associated dispensing equipment' means equipment that is--
``(A) for the storage and dispensing of any fuel or
fuel additive described in subsection (b)(3) at a
stationary facility that dispenses the fuel or fuel
additive into any fuel tank of any motor vehicle, motor
vehicle engine, nonroad vehicle, nonroad engine, or
nonroad equipment; and
``(B) subject to regulation under sections 1910.106
and 1926.152 of title 29, Code of Federal Regulations
(as in effect on the date of enactment of the Domestic
Fuels Act of 2012).
``(2) Compatible.--The term `compatible' has the meaning
given the term in section 280.12 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of the
Domestic Fuels Act of 2012).
``(3) Provider of financial assurance.--The term `provider
of financial assurance' has the meaning given the term in
section 280.92 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the Domestic Fuels Act of
2012).
``(4) Underground storage tank.--The term `underground
storage tank' has the meaning given the term in section 280.12
of title 40, Code of Federal Regulations (as in effect on the
date of enactment of the Domestic Fuels Act of 2012).
``(5) Underground storage tank system.--The term
`underground storage tank system' means an underground storage
tank, connected underground piping, underground ancillary
equipment, and containment system, if any.
``(b) Compatibility With Fuels.--
``(1) Liability.--No person shall be liable under any
provision of this Act or any other Federal, State, or local
law, including common law, because any underground storage
tank, underground storage tank system, or associated dispensing
equipment that stores or dispenses any fuel or fuel additive
described in paragraph (3)(A) is not compatible with the fuel
or fuel additive if the tank, system, or equipment has been
determined to be compatible with the fuel or fuel additive
under the guidelines or regulations described in paragraph (3).
``(2) Financial assurance.--A provider of financial
assurance shall not deny payment for any claim on the basis
that any underground storage tank, underground storage tank
system, or associated dispensing equipment that stores or
dispenses any fuel or fuel additive described in paragraph
(3)(A) is not compatible with the fuel or fuel additive if the
tank, system, or equipment has been determined to be compatible
with the fuel or fuel additive under the guidelines or
regulations described in paragraph (3).
``(3) Guidelines and regulations.--
``(A) In general.--Paragraph (1) applies to any
underground storage tank and underground storage tank
system that meets any guidance or regulation, which may
be revised under subparagraph (B), issued by the
Administrator existing on the date of enactment of the
Domestic Fuels Act of 2012 addressing compatibility of
such tanks or systems with any fuel or fuel additive
that is authorized and registered, or for which an
updated registration is accepted, by the Administrator
or under any Federal law, for use in a motor vehicle,
motor vehicle engine, nonroad vehicle, nonroad engine,
or nonroad equipment.
``(B) Regulations.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Domestic
Fuels Act of 2012, the Administrator shall
promulgate, or if applicable revise,
regulations setting standards for determining
whether any underground storage tank,
underground storage tank system, and associated
dispensing equipment is compatible with any
fuel or fuel additive that is authorized and
registered, or for which an updated
registration is accepted, by the Administrator
or under any Federal law for use in a motor
vehicle, motor vehicle engine, nonroad vehicle,
nonroad engine, or nonroad equipment.
``(ii) Minimum standards.--Regulations
promulgated under subparagraph (B) shall
include minimum standards and processes for
certification by the Administrator, owner,
operator, manufacturer, or any other entity
identified by the Administrator to ensure
compatibility.
``(4) Underground storage tanks, underground storage tank
systems, and associated dispensing equipment previously listed
as compatible.--Any underground storage tank, underground
storage tank system, or associated dispensing equipment that,
as of the date of enactment of the Domestic Fuels Act of 2012,
has been listed by a nationally recognized testing laboratory
as compatible with a fuel or fuel additive described in
paragraph (3) shall be compatible under the regulations issued
under this subsection.
``(5) Administration.--Nothing in this section affects--
``(A) the introduction into commerce, offering for
sale, or sale of any fuel or fuel additive; or
``(B) any applicable requirement, including any
requirement under section 211(o) of the Clean Air Act
(42 U.S.C. 7545(o)).''.
(b) Conforming Amendments.--The Solid Waste Disposal Act is
amended--
(1) in section 9003(h)(12)(A) (42 U.S.C. 6991b(h)(12)(A)),
by striking ``section 9014(2)(B)'' and inserting ``section
9015(2)(B)'';
(2) in section 9004(f)(1)(A) (42 U.S.C. 6991c(f)(1)(A)), by
striking ``section 9014(2)(A)'' and inserting ``section
9015(2)(A)''; and
(3) in section 9011 (42 U.S.C. 6991j), by striking
``section 9014(2)(D)'' and inserting ``section 9015(2)(D)''.
(c) Table of Contents.--The table of contents contained in section
1001 of the Solid Waste Disposal Act (42 U.S.C. 6901) is amended by
striking the item relating to section 9014 and inserting the following:
``Sec. 9014. Compatibility.
``Sec. 9015. Authorization of Appropriations.''.
SEC. 4. MISFUELING.
(a) In General.--Section 211(g) of the Clean Air Act (42 U.S.C.
7545(g)) is amended by adding at the end the following:
``(3) Regulations.--
``(A) Definitions.--In this paragraph:
``(i) Associated dispensing equipment.--The
term `associated dispensing equipment' has the
meaning given the term in section 9014(a) of
the Solid Waste Disposal Act.
``(ii) Transportation fuel.--The term
`transportation fuel' means any fuel that
contains fuel or fuel additive that is
authorized after January 1, 2010, by the
Administrator or under any Federal law, for use
in any motor vehicle, motor vehicle engine,
nonroad vehicle, nonroad engine, or nonroad
equipment.
``(B) Liability.--
``(i) In general.--Except as provided in
clause (ii), no person shall be liable under
any provision of this Act or any Federal,
State, or local law, including common law, if--
``(I) a self-service purchaser
introduces any transportation fuel into
any motor vehicle, motor vehicle
engine, nonroad vehicle, or nonroad
equipment for which the fuel has not
been approved under subsection (f); or
``(II) the introduction of any
transportation fuel voids the warranty
of the manufacturer of the motor
vehicle, motor vehicle engine, nonroad
engine, nonroad vehicle, or nonroad
equipment.
``(ii) Exceptions.--Clause (i) shall not
apply to--
``(I) a person who sells any
transportation fuel and does not comply
with the misfueling regulations adopted
by the Administrator under section
80.1501 of title 40, Code of Federal
Regulations (or successor regulation);
or
``(II) a person who intentionally
misfuels.''.
(b) Penalties.--Section 211(d) of the Clean Air Act (42 U.S.C.
7545(d)) is amended--
(1) in paragraph (1), in the first sentence, by inserting
``(g),'' after ``or the regulations prescribed under subsection
(c),''; and
(2) in paragraph (2), in the first sentence, by inserting
``(g),'' after ``of the regulations prescribed under
subsections (c),''.
SEC. 5. QUALIFIED CIVIL LIABILITY ACTIONS IN FEDERAL COURT AND STATE
COURT.
(a) In General.--No qualified civil liability action shall be filed
or maintained in any court of the United States or any State court.
(b) Dismissal of Pending Actions.--Any qualified civil liability
action pending in any court of the United States or any State court on
or after the date of enactment of this Act shall be dismissed with
prejudice.
SEC. 6. SAFE HARBOR.
Notwithstanding any other provision of Federal, State, or local
law, including common law, no qualified product, blend stock, or
component of a qualified product shall be considered to be a defective
product, if the qualified product does not violate a control or
prohibition with respect to any characteristic or component of the
qualified product imposed by the Administrator of the Environmental
Protection Agency under section 211 of the Clean Air Act (42 U.S.C.
7545). | Domestic Fuels Act of 2012 - Amends the Solid Waste Disposal Act to provide that no person shall be liable under any federal, state, or local law, and no provider of financial assurance may deny payment for a claim, because an underground storage tank, underground storage tank system, or associated dispensing equipment at a stationary facility is not compatible with any fuel or fuel additive for use in a motor vehicle, nonroad vehicle, or engine if such tank or equipment has been determined to be compatible pursuant to the guidelines and regulations issued under this Act.
Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations setting standards for determining whether underground storage tanks and systems and associated dispensing equipment are compatible with any fuel or fuel additive that is authorized and registered by the Administrator or by statute for use in a motor vehicle or engine or nonroad vehicle, engine, or equipment.
Deems tanks, systems, and equipment that have been listed by a nationally recognized testing laboratory as compatible with such a fuel or fuel additive as of the date of enactment of this Act to be compatible under such regulations.
Amends the Clean Air Act to prohibit a person selling such fuel who complies with such regulations from being liable under any federal, state, or local law if: (1) a self-service purchaser introduces any such fuel into a vehicle, engine, or equipment for which the fuel has not been approved under such Act; or (2) the introduction of any such fuel voids the warranty of the manufacturer of such vehicles, engines, or equipment. Excludes from such protection: (1) a person who sells a transportation fuel and does not comply with the misfueling regulations adopted by the Administrator, and (2) a person who intentionally misfuels.
Prohibits filing or maintaining in any U.S. or state court any civil action or proceeding against an entity engaged in the design, manufacture, sale, or distribution of any qualified product, component thereof, or blend stock or of any motor vehicle, engine, or nonroad equipment for damages, abatement, restitution, fines, penalties, or other relief resulting from the introduction of any such product into a motor vehicle, engine, or nonroad equipment. Requires pending actions to be dismissed with prejudice. Defines a "qualified product" as any transportation fuel or fuel additive that is registered under federal law or any transportation fuel or fuel additive that contains renewable fuel and that is designated for introduction into interstate commerce under federal law.
Prohibits a qualified product, any component of such product, or any blend stock from being considered a defective product if it does not violate a control or prohibition with respect to any of its characteristics or components imposed by the Administrator under the Clean Air Act. | {"src": "billsum_train", "title": "A bill to provide liability protection for claims based on the design, manufacture, sale, offer for sale, introduction into commerce, or use of certain fuels and fuel additives, and for other purposes."} | 3,027 | 598 | 0.637426 | 2.023104 | 0.595748 | 3.70778 | 4.981025 | 0.937381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Monument Designation
Transparency and Accountability Act of 2011''.
SEC. 2. LIMITATION ON DESIGNATION OF NATIONAL MONUMENTS.
Section 2 of the Act of June 8, 1906 (commonly known as the
``Antiquities Act of 1906'') (16 U.S.C. 431) is amended--
(1) by striking ``sec. 2. That the President'' and
inserting the following:
``SEC. 2. DESIGNATION OF NATIONAL MONUMENTS.
``(a) In General.--Subject to the requirements of this section, the
President'';
(2) by striking ``Provided, That when such objects are
situated upon'' and inserting the following:
``(b) Relinquishment of Private Claims.--In cases in which an
object described in subsection (a) is located on'';
(3) in subsection (a) (as designated by paragraph (1)), by
striking ``compatible with the proper care and mangagement of
the objects to be protected:'' and inserting ``necessary to
ensure the proper care and mangagement of the objects to be
protected.''; and
(4) by adding at the end the following:
``(c) Requirements for Designation of National Monuments.--
``(1) In general.--The President may not issue a
proclamation to designate a national monument under subsection
(a) before the date that is 30 days after the date on which the
President provides the proposed proclamation to--
``(A) Congress; and
``(B) the Governor of each State, the chief elected
official of each unit of local government, and the
governing entity of each tribal government with
jurisdiction over any parcel of land located within the
boundary of the proposed national monument.
``(2) Public participation.--
``(A) Public hearing requirement.--
``(i) In general.--Subject to clause (v),
not later than 90 days after the date on which
the President issues a proclamation under
subsection (a), the Secretary of the Interior
(referred to in this section as the
`Secretary') shall hold at least 1 public
hearing within a county or comparable unit of
local government, any part of which is located
within the boundary of the proposed national
monument.
``(ii) Notice.--Not later than 30 days
before a public hearing is to be held under
clause (i), the Secretary shall provide notice
of the hearing to the public, including by
publishing a notice in local newspapers and
sending a written notice to stakeholders of the
appropriate National Forest or Bureau of Land
Management district.
``(iii) Participation; comments.--The
Secretary shall--
``(I) ensure that all interested
individuals are afforded an opportunity
to participate in a hearing held under
clause (i);
``(II) solicit comments from the
public at the hearing; and
``(III) enter into the record all
comments received at, or related to,
the hearing.
``(iv) Availability of record.--
``(I) In general.--As soon as
practicable after the date of a hearing
held under clause (i), the Secretary
shall make the record of the hearing
(including a transcript of the hearing)
available to the public on the Internet
or by other electronic means.
``(II) Components.--The Secretary
shall ensure that any components of the
record of the hearing that are
completed before the entire record is
finalized are made available on
completion of each of the components.
``(v) Waiver.--The Secretary may decline to
hold a public hearing under clause (i) if each
unit of local government and tribal government
within the boundary of the proposed national
monument expressly waives the right to a
hearing.
``(B) Notice and comment period requirement.--Not
later than 30 days after the date on which the
President issues a proclamation under subsection (a),
the Secretary shall initiate a notice and comment
period to receive comments from the public regarding
the proclamation.
``(C) Report.--
``(i) Contents.--Not later than 1 year
after the date on which the President issues a
proclamation designating a national monument
under subsection (a), the President shall
submit to Congress a report that includes--
``(I) an analysis of the economic
impact of the designation on the
communities within the boundary of the
national monument, including an
estimate of the tax revenues that would
be lost to, or gained by, the Federal
Government and State and local
governments as a result of the
designation;
``(II) an analysis of the impact
the designation would have on energy
security, including--
``(aa) an analysis of the
effects of the loss of sites to
produce wind, geothermal, or
solar energy; and
``(bb) an estimate of the
number of barrels of oil, tons
of coal, or cubic feet of
natural gas that would become
unavailable as a result of the
proclamation;
``(III) the projected impact of the
designation on interests, rights, and
uses associated with the parcels of
land within the boundary of the
national monument (including water
rights, hunting, grazing, timber
production, vegetation manipulation to
maintain forest health, off-road
vehicle use, hiking, horseback riding,
and mineral and energy leases, claims,
and permits);
``(IV) the record of any hearings
held under subparagraph (A); and
``(V) any written comments received
during the notice and comment period
under subparagraph (B).
``(ii) Required coordination.--The
preparation of the report under clause (i)
shall be coordinated with the governing bodies
described in section 210 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C.
1720).
``(iii) Publication.--The President shall
ensure that there is published on the White
House website--
``(I) during the period in which
the report prepared under clause (i) is
being compiled, each component of the
report that is completed, on completion
of the component; and
``(II) on submission of the report
to Congress, the completed report.
``(D) Implementation guidelines.--The Secretary, in
cooperation with the States, shall develop and publish
guidelines to provide for the implementation of this
paragraph.
``(3) Congressional approval of proclamation.--
``(A) Approval required.--A proclamation issued
under subsection (a) shall cease to be effective on the
date that is 2 years after the date on which the
President issued the proclamation, unless the
proclamation is approved by an Act of Congress on or
before the last day of that 2-year period.
``(B) Management of land before approval.--During
the period beginning on the date of issuance of a
proclamation under subsection (a) and the date of
approval of the proclamation under subparagraph (A),
the President shall ensure that any restriction placed
on land and interests, rights, or uses associated with
the parcels of land designated as a national monument
(including water rights, hunting, grazing, timber
production, vegetation manipulation to maintain forest
health, off-road vehicle use, hiking, horseback riding,
and mineral and energy leases, claims, and permits) is
narrowly tailored and necessary for the proper care and
management of the objects to be protected.
``(C) Effect of nonapproval.--If Congress does not
approve a proclamation to designate a national monument
under subparagraph (A), any reservation of land made by
the proclamation, and any restriction imposed as a
result of the proclamation on interests, rights, or
uses associated with the parcels of land, shall cease
to be effective on the date that is 2 years after the
date of the issuance of the proclamation.
``(D) Prohibition on repeat proclamations.--The
President may not issue a proclamation that is
substantially similar to a proclamation previously
issued under subsection (a) that Congress has not
approved under subparagraph (A).
``(d) Limitation on Restrictions.--The President shall ensure that
any restriction placed on land and interests, rights, or uses
associated with the parcels of land designated as a national monument
by a proclamation issued under this section is narrowly tailored and
necessary to ensure the proper care and management of the objects to be
protected.
``(e) Effect on Certain States.--Nothing in this section affects--
``(1) the limitations on designations in the State of
Alaska under section 906(j)(5) of the Alaska National Interest
Lands Conservation Act (43 U.S.C. 1635(j)(5)); or
``(2) the limitations on designations in the State of
Wyoming under the proviso of the last sentence of the first
section of the Act of September 14, 1950 (64 Stat. 849, chapter
950; 16 U.S.C. 431a).''. | National Monument Designation Transparency and Accountability Act of 2011 - Amends the Antiquities Act of 1906 to require land reserved as part of a national monument to be confined to the smallest area necessary to ensure the proper care and management of the objects to be protected by the monument.
Sets forth requirements for the designation of national monuments under the Act. | {"src": "billsum_train", "title": "A bill to amend the Act of June 8, 1906, to require certain procedures for designating national monuments, and for other purposes."} | 2,010 | 79 | 0.563476 | 1.270781 | 0.838554 | 4.415385 | 28.907692 | 0.876923 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pancreatic Islet
Cell Transplantation Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Findings.
Sec. 3. Organ procurement organization certification.
Sec. 4. Interagency Committee on Islet Cell Transplantation.
Sec. 5. Study of islet cell transplantation.
Sec. 6. Medicare pancreatic islet cell transplant demonstration
project.
Sec. 7. Authorization of appropriations.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Approximately 1,000,000 individuals in the United
States have juvenile, or Type 1, diabetes.
(2) In individuals with juvenile diabetes, the body's
immune system attacks the pancreas and destroys islet cells
that produce insulin.
(3) Insulin is not a cure, and individuals with juvenile
diabetes face the constant threat of devastating complications,
a drastic reduction in quality of life, and a shortened life
span.
(4) The development of the ``Edmonton Protocol'' and
subsequent variations of that protocol, involving the
transplant of insulin-producing pancreatic islet cells into
individuals with juvenile diabetes, have brought us within
reach of a cure.
(5) Islet cell transplants have been hailed as the most
promising development in diabetes since the discovery of
insulin.
(6) Currently 80 percent of the approximately 200 patients
who have received islet cell transplants using variations of
the Edmonton Protocol have maintained normal glucose levels
without insulin injections after 1 year.
(7) One of the key hurdles in expanding the number of
patients enrolled in these protocols is the insufficient number
of pancreases available for islet cell transplantation.
(8) While a significant percentage of individuals with type
1 diabetes will experience kidney failure and become Medicare-
eligible through the end stage renal disease program,
insufficient data exist to conduct an assessment to determine
the efficacy of simultaneous islet-kidney transplants and islet
transplants after kidney transplants for individuals with type
1 diabetes.
(9) The Federal Government should promote policies and
regulations to increase the supply of pancreases for research,
to coordinate efforts and information in the emerging area of
islet cell transplantation, to collect the data necessary to
move islet cell transplantation from an experimental procedure
to a standard therapy covered by insurance, and to create a
medicare demonstration project to determine the efficacy of
simultaneous islet-kidney transplants and islet transplants
after kidney transplants for medicare beneficiaries with type 1
diabetes.
SEC. 3. ORGAN PROCUREMENT ORGANIZATION CERTIFICATION.
Section 371 of the Public Health Service Act (42 U.S.C. 273) is
amended by adding at the end the following:
``(c) Pancreases procured by an organ procurement organization and
used for islet cell transplantation or research shall be counted for
purposes of certification or recertification under subsection (b).''.
SEC. 4. INTERAGENCY COMMITTEE ON ISLET CELL TRANSPLANTATION.
(a) Establishment.--There is established within the Department of
Health and Human Services the Interagency Committee on Islet Cell
Transplantation (in this section referred to as the ``Committee'').
(b) Membership.--The Committee shall be composed of the following:
(1) 1 member appointed by the Director of the National
Institute on Diabetes and Digestive Kidney Diseases, which
member shall serve as chairperson of the Committee.
(2) 1 member appointed by the Director of the National
Institute of Allergy and Infectious Diseases.
(3) 1 member appointed by the Director of the National
Institute of Environmental Health Sciences.
(4) 1 member appointed by the Administrator of the Health
Resources and Services Administration.
(5) 1 member appointed by the Administrator of the Centers
for Medicare and Medicaid Services.
(6) 1 member appointed by the Secretary of Defense.
(7) 1 member appointed by the Secretary of Veterans
Affairs.
(8) 1 member appointed by the Administrator of the National
Aeronautics and Space Administration.
(9) Such members as the Secretary of Health and Human
Services, in consultation with the chairperson of the
Committee, determines appropriate and appoints to represent
agencies (including the national research institutes of the National
Institutes of Health) that are not listed in paragraphs (1) through
(8).
(c) Duties.--
(1) Study.--The Committee shall conduct a study of--
(A) the adequacy of Federal research funding for
taking advantage of scientific opportunities relating
to islet cell transplantation;
(B) current policies and regulations affecting the
supply of pancreases for islet cell transplantation;
(C) the effect of xenotransplantation on advancing
islet cell transplantation;
(D) the effect of United Network for Organ Sharing
variances on pancreas retrieval and islet cell
transplantation; and
(E) the existing mechanisms to collect and
coordinate outcome data from existing islet cell
transplantation trials.
(2) Recommendations.--The Committee shall develop
recommendations concerning the matters studied under paragraph
(1).
(3) Report.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Committee
shall submit a report to the Secretary of Health and Human
Services and the appropriate committees of the Congress
containing a detailed statement of the findings and conclusions
of the Committee, together with recommendations for such
legislation and administrative actions as the committee
considers appropriate to increase the supply of pancreases
available for islet cell transplantation.
SEC. 5. STUDY OF ISLET CELL TRANSPLANTATION.
(a) In General.--The Secretary of Health and Human Services shall
request that the Institute of Medicine conduct, or contract with
another entity to conduct, a study on the impact of islet cell
transplantation on the health-related quality of life and the economic
outcomes for individuals with juvenile diabetes, and the cost-
effectiveness of such treatment.
(b) Matters Studied.--The study authorized under this section shall
examine and consider the health-related quality of life of juvenile
diabetes patients before and after pancreatic cell transplantation.
Outcome measures shall include--
(1) clinical outcomes, including episodes of hypoglycemia
unawareness and the long-term development of diabetes-related
clinical complications, including nephropathy, neuropathy,
retinopathy, and vascular disease;
(2) health-related quality of life outcomes, including
patient levels of worry with respect to fear of hypoglycemia
episodes, the ability to perform basic life and work-associated
functions, and the impact on the quality of life of family
members and caregivers; and
(3) the cost-effectiveness of pancreatic islet cell
transplantation, as compared to both standard medical
management (such as continued daily insulin injections) and
whole pancreas transplantation, for patients with juvenile
diabetes.
(c) Cost-Effectiveness Analysis.--Cost-effectiveness analysis, as
described in subsection (b)(3), shall include standard health profile
instruments to assess post-treatment costs and benefits, including--
(1) direct measures, such as--
(A) post-transplant health care resource
utilization; and
(B) long-term health care resource utilization due
to diabetes complications, including nephropathy,
neuropathy, retinopathy, and vascular disease which can
extend to include sight loss and limb loss; and
(2) indirect measures, such as--
(A) time lost at work; and
(B) productivity analysis.
SEC. 6. MEDICARE PANCREATIC ISLET CELL TRANSPLANT DEMONSTRATION
PROJECT.
(a) Establishment.--In order to test the efficacy of pancreatic
islet cell transplantation, not later than 120 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall establish a demonstration project which provides over a 5-year
period for payment under the medicare program under title XVIII of the
Social Security Act for pancreatic islet cell transplantation in the
case of medicare beneficiaries who have type 1 (juvenile) diabetes and
have end stage renal disease.
(b) Evaluation and Report.--The Secretary shall conduct an
evaluation of the outcomes of the demonstration project. Not later than
120 days after the date of completion of the demonstration project, the
Secretary shall submit to Congress a report on the project, including
recommendations for such legislative and administrative action as the
Secretary deems appropriate.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Pancreatic Islet Cell Transplantation Act of 2003 - Amends the Public Health Service Act to include pancreases procured by an organ procurement organization and used for islet cell transplantation or research to be counted toward organ procurement organization certification.Establishes the Interagency Committee on Islet Cell Transplantation within the Department of Health and Human Services (HHS). Requires the Committee to study related issues, including Federal research funding, the effect of specified policies on transplantation, and data collection.Instructs the Secretary of HHS to request the Institute of Medicine to provide a study of the impact of islet cell transplantation on juvenile diabetes patients, including their health and the treatment's cost-effectiveness.Directs the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to establish a demonstration project to assess the efficacy of pancreatic cell islet transplantation for individuals who: (1) have Type I (juvenile) diabetes; and (2) have end-stage renal disease; and (3) are Medicare beneficiaries. Establishes reporting requirements. | {"src": "billsum_train", "title": "To increase the supply of pancreatic islet cells for research, to provide better coordination of Federal efforts and information on islet cell transplantation, to collect the data necessary to move islet cell transplantation from an experimental procedure to a standard therapy, and to provide for a demonstration project on Medicare coverage of pancreatic islet cell transplantation for beneficiaries with type 1 diabetes who have end-stage renal disease."} | 1,903 | 239 | 0.66488 | 1.99266 | 0.824792 | 2.859375 | 8.947917 | 0.901042 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Rights Information Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Agencies of the Government of the United States have
information on human rights violations in Guatemala and
Honduras.
(2) Members of both Houses of Congress have repeatedly
asked the Administration for information on Guatemalan and
Honduran human rights cases.
(3) The Guatemalan peace accords, which the Government of
the United States firmly supports, has as an important and
vital component the establishment of the Commission for the
Historical Clarification of Human Rights Violations and Acts of
Violence which have Caused Suffering to the Guatemalan People
(referred to in this Act as the ``Clarification Commission'').
The Clarification Commission will investigate cases of human
rights violations and abuses by both parties to the civil
conflict in Guatemala and will need all available information
to fulfill its mandate.
(4) The National Commissioner for the Protection of Human
Rights in the Republic of Honduras has been requesting United
States Government documentation on human rights violations in
Honduras since November 15, 1993. The Commissioner's request
has been partly fulfilled, but is still pending. The request
has been supported by national and international human rights
nongovernmental organizations as well as members of both Houses
of Congress.
(5) Victims and survivors of human rights violations,
including United States citizens and their relatives, have also
been requesting the information referred to in paragraphs (3)
and (4). Survivors and the relatives of victims have a right to
know what happened. The requests have been supported by
national and international human rights nongovernmental
organizations as well as members of both Houses of Congress.
(6) The United States should make the information it has on
human rights abuses available to the public as part of the
United States commitment to democracy in Central America.
SEC. 3. DEFINITIONS.
In this Act:
(1) Human rights record.--The term ``human rights record''
means a record in the possession, custody, or control of the
United States Government containing information about gross
human rights violations committed after 1944.
(2) Agency.--The term ``agency'' means any agency of the
United States Government charged with the conduct of foreign
policy or foreign intelligence, including the Department of
State, the Agency for International Development, the Department
of Defense (and all of its components), the Central
Intelligence Agency, the National Reconnaissance Office, the
Department of Justice (and all of its components), the National
Security Council, and the Executive Office of the President.
SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS
RECORDS REGARDING GUATEMALA AND HONDURAS.
(a) In General.--Notwithstanding any other provision of law, the
provision of this Act shall govern the declassification and public
disclosure of human rights records by agencies.
(b) Identification of Records.--Not later than 120 days after the
date of enactment of this Act, each agency shall identify, review, and
organize all human rights records regarding activities occurring in
Guatemala and Honduras after 1944 for the purpose of declassifying and
disclosing the records to the public. Except as provided in section 5,
all records described in the preceding sentence shall be made available
to the public not later than 30 days after a review under this section
is completed.
(c) Report to Congress.--Not later than 150 days after the date of
enactment of this Act, the President shall report to Congress regarding
each agency's compliance with the provisions of this Act.
SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS.
(a) In General.--An agency may postpone public disclosure of a
human rights record or particular information in a human rights record
only if the agency determines that there is clear and convincing
evidence that--
(1) the threat to the military defense, intelligence
operations, or conduct of foreign relations of the United
States raised by public disclosure of the human rights record
is of such gravity that it outweighs the public interest, and
such public disclosure would reveal--
(A) an intelligence agent whose identity currently
requires protection;
(B) an intelligence source or method--
(i) which is being utilized, or reasonably
expected to be utilized, by the United States
Government;
(ii) which has not been officially
disclosed; and
(iii) the disclosure of which would
interfere with the conduct of intelligence
activities; or
(C) any other matter currently relating to the
military defense, intelligence operations, or conduct
of foreign relations of the United States, the
disclosure of which would demonstrably impair the
national security of the United States;
(2) the public disclosure of the human rights record would
reveal the name or identity of a living individual who provided
confidential information to the United States and would pose a
substantial risk of harm to that individual;
(3) the public disclosure of the human rights record could
reasonably be expected to constitute an unwarranted invasion of
personal privacy, and that invasion of privacy is so
substantial that it outweighs the public interest; or
(4) the public disclosure of the human rights record would
compromise the existence of an understanding of confidentiality
currently requiring protection between a Government agent and a
cooperating individual or a foreign government, and public
disclosure would be so harmful that it outweighs the public
interest.
(b) Special Treatment of Certain Information.--It shall not be
grounds for postponement of disclosure of a human rights record that an
individual named in the human rights record was an intelligence asset
of the United States Government, although the existence of such
relationship may be withheld if the criteria set forth in subsection
(a) are met. For purposes of the preceding sentence, the term an
``intelligence asset'' means a covert agent as defined in section
606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)).
SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN
OTHER LATIN AMERICAN CARIBBEAN COUNTRIES.
In the event that an agency of the United States receives a request
for human rights records from an entity created by the United Nations
or the Organization of American States similar to the Guatemalan
Clarification Commission, or from the principal justice or human rights
official of a Latin American or Caribbean country who is investigating
a pattern of gross human rights violations, the agency shall conduct a
review of records as described in section 4 and shall declassify and
publicly disclose such records in accordance with the standards and
procedures set forth in this Act.
SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS.
(a) Duties of the Appeals Panel.--The Interagency Security
Classification Appeals Panel (referred to in this Act as the ``Appeals
Panel''), established under Executive Order No. 12958, shall review
determinations by an agency to postpone public disclosure of any human
rights record.
(b) Determinations of the Appeals Panel.--
(1) In general.--The Appeals Panel shall direct that all
human rights records be disclosed to the public, unless the
Appeals Panel determines that there is clear and convincing
evidence that--
(A) the record is not a human rights record; or
(B) the human rights record or particular
information in the human rights record qualifies for
postponement of disclosure pursuant to section 5.
(2) Treatment in cases of nondisclosure.--If the Appeals
Panel concurs with an agency decision to postpone disclosure of
a human rights record, the Appeals Panel shall determine, in
consultation with the originating agency and consistent with
the standards set forth in this Act, which, if any, of the alternative
forms of disclosure described in paragraph (3) shall be made by the
agency.
(3) Alternative forms of disclosure.--The forms of
disclosure described in this paragraph are as follows:
(A) Disclosure of any reasonably segregable portion
of the human rights record after deletion of the
portions described in paragraph (1).
(B) Disclosure of a record that is a substitute for
information which is not disclosed.
(C) Disclosure of a summary of the information
contained in the human rights record.
(4) Notification of determination.--
(A) In general.--Upon completion of its review, the
Appeals Panel shall notify the head of the agency in
control or possession of the human rights record that
was the subject of the review of its determination and
shall, not later than 14 days after the determination,
publish the determination in the Federal Register.
(B) Notice to president.--The Appeals Panel shall
notify the President of its determination. The notice
shall contain a written unclassified justification for
its determination, including an explanation of the
application of the standards contained in section 5.
(5) General procedures.--The Appeals Panel shall publish in
the Federal Register guidelines regarding its policy and
procedures for adjudicating appeals.
(c) Presidential Authority Over Appeals Panel Determination.--
(1) Public disclosure or postponement of disclosure.--The
President shall have the sole and nondelegable authority to
review any determination of the Appeals Board under this Act,
and such review shall be based on the standards set forth in
section 5. Not later than 30 days after the Appeals Panel's
determination and notification to the agency pursuant to
subsection (b)(4), the President shall provide the Appeals
Panel with an unclassified written certification specifying the
President's decision and stating the reasons for the decision,
including in the case of a determination to postpone
disclosure, the standards set forth in section 5 which are the
basis for the President's determination.
(2) Record of presidential postponement.--The Appeals Panel
shall, upon receipt of the President's determination, publish
in the Federal Register a copy of any unclassified written
certification, statement, and other materials transmitted by or
on behalf of the President with regard to the postponement of
disclosure of a human rights record.
SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS.
Upon completion of the review and disclosure of the human rights
records relating to Guatemala and Honduras, the Information Security
Policy Advisory Council, established pursuant to Executive Order No.
12958, shall report to Congress on the desirability and feasibility of
declassification of human rights records relating to other countries in
Latin America and the Caribbean. The report shall be available to the
public.
SEC. 9. RULES OF CONSTRUCTION.
(a) Freedom of Information Act.--Nothing in this Act shall be
construed to limit any right to file a request with any executive
agency or seek judicial review of a decision pursuant to section 552 of
title 5, United States Code.
(b) Judicial Review.--Nothing in this Act shall be construed to
preclude judicial review, under chapter 7 of title 5, United States
Code, of final actions taken or required to be taken under this Act.
SEC. 10. CREATION OF POSITIONS.
For purposes of carrying out the provisions of this Act, there
shall be 2 additional positions in the Appeals Panel. The positions
shall be filled by the President, based on the recommendations of the
American Historical Association, the Latin American Studies
Association, Human Rights Watch, and Amnesty International, USA. | Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public and other official entities, including Latin American or Caribbean countries.
Instructs the President to report to the Congress regarding agency compliance.
Prescribes guidelines under which the Interagency Security Classification Appeals Panel (the Panel) shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds.
Directs the Information Security Policy Advisory Council to report to the Congress on declassification of human rights records relating to other Latin American and Caribbean countries and to make such report available to the public.
Creates two additional positions in the Panel in order to implement this Act. | {"src": "billsum_train", "title": "Human Rights Information Act"} | 2,484 | 184 | 0.482098 | 1.478089 | 0.709742 | 3.076433 | 14.55414 | 0.923567 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Facilitating Access to Speedy
Transmissions for Networks, E-commerce and Telecommunications (FASTNET)
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Telecommunications Act of 1996 was enacted to
foster the rapid deployment of advanced telecommunications and
information technologies and services to all Americans by
promoting competition and reducing regulation in
telecommunications markets nationwide.
(2) The Telecommunications Act of 1966 specifically
recognized the unique abilities and circumstances of local
exchange carriers with fewer than two percent of the Nation's
subscriber lines installed in the aggregate nationwide.
(3) Given the markets two percent carriers typically serve,
such carriers are uniquely positioned to accelerate the
deployment of advanced services and competitive initiatives for
the benefit of consumers in less densely populated regions of
the Nation.
(4) Existing regulations are typically tailored to the
circumstances of larger carriers and therefore often impose
disproportionate burdens on two percent carriers, impeding such
carriers' deployment of advanced telecommunications services
and competitive initiatives to consumers in less densely
populated regions of the Nation.
(5) Reducing regulatory burdens on two percent carriers
will enable such carriers to devote additional resources to the
deployment of advanced services and to competitive initiatives
to benefit consumers in less densely populated regions of the
Nation.
(6) Reducing regulatory burdens on two percent carriers
will increase such carriers' ability to respond to marketplace
conditions, allowing them to accelerate deployment of advanced
services and competitive initiatives to benefit consumers in
less densely populated regions of the Nation.
(b) Purposes.--The purposes of this Act are--
(1) to accelerate the deployment of advanced services and
the development of competition in the telecommunications
industry for the benefit of consumers in all regions of the
Nation, consistent with the Telecommunications Act of 1996, by
reducing regulatory burdens on local exchange carriers with
fewer than two percent of the Nation's subscriber lines
installed in the aggregate nationwide;
(2) to improve such carriers' flexibility to undertake such
initiatives; and
(3) to allow such carriers to redirect resources from
paying the costs of such regulatory burdens to increasing
investment in such initiatives.
SEC. 3. DEFINITION.
Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is
amended--
(1) by redesignating paragraphs (51) and (52) as paragraphs
(52) and (53), respectively; and
(2) by inserting after paragraph (50) the following:
``(51) Two percent carrier.--The term `two percent carrier'
means an incumbent local exchange carrier within the meaning of
section 251(h) whose access lines, when aggregated with the
access lines of any local exchange carrier that such incumbent
local exchange carrier directly or indirectly controls, is
controlled by, or is under common control with, are fewer than
two percent of the Nation's subscriber lines installed in the
aggregate nationwide.''.
SEC. 4. REGULATORY RELIEF FOR TWO PERCENT CARRIERS.
Title II of the Communications Act of 1934 is amended by adding at
the end thereof a new part IV as follows:
``PART IV--PROVISIONS CONCERNING TWO PERCENT CARRIERS
``SEC. 281. REDUCED REGULATORY REQUIREMENTS FOR TWO PERCENT CARRIERS.
``(a) Commission To Take Into Account Differences.--In adopting
rules that apply to incumbent local exchange carriers (within the
meaning of section 251(h)), the Commission shall separately evaluate
the burden that any proposed regulatory, compliance, or reporting
requirements would have on two percent carriers.
``(b) Effect of Commission's Failure To Take Into Account
Differences.--If the Commission adopts a rule that applies to incumbent
local exchange carriers and fails to separately evaluate the burden
that any proposed regulatory, compliance, or reporting requirement
would have on two percent carriers, the Commission shall not enforce
the rule against two percent carriers unless and until the Commission
performs such separate evaluation.
``(c) Additional Review Not Required.--Nothing in this section
shall be construed to require the Commission to conduct a separate
evaluation under subsection (a) if the rules adopted do not apply to
two percent carriers, or such carriers are exempted from such rules.
``(d) Savings Clause.--Nothing in this section shall be construed
to prohibit any size-based differentiation among carriers mandated by
this Act, chapter 6 of title 5, United State Code, the Commission's
rules, or any other provision of law.
``(e) Effective Date.--The provisions of this section shall apply
with respect to any rule adopted on or after the date of enactment of
this section.
``SEC. 282. LIMITATION OF REPORTING REQUIREMENTS.
``(a) Limitation.--The Commission shall not require a two percent
carrier--
``(1) to file cost allocation manuals or to have such
manuals audited or attested, but a two percent carrier that
qualifies as a class A carrier shall annually certify to the
Commission that the two percent carrier's cost allocation
complies with the rules of the Commission; or
``(2) to file Automated Reporting and Management
Information Systems (ARMIS) reports, except for purposes of
section 224.
``(b) Preservation of Authority.--Except as provided in subsection
(a), nothing in this Act limits the authority of the Commission to
obtain access to information under sections 211, 213, 215, 218, and 220
with respect to two percent carriers.
``SEC. 283. INTEGRATED OPERATION OF TWO PERCENT CARRIERS.
``The Commission shall not require any two percent carrier to
establish or maintain a separate affiliate to provide any common
carrier or noncommon carrier services, including local and
interexchange services, commercial mobile radio services, advanced
services (within the meaning of section 706 of the Telecommunications
Act of 1996), paging, Internet, information services or other enhanced
services, or other services. The Commission shall not require any two
percent carrier and its affiliates to maintain separate officers,
directors, or other personnel, network facilities, buildings, research
and development departments, books of account, financing, marketing,
provisioning, or other operations.
``SEC. 284. PARTICIPATION IN TARIFF POOLS AND PRICE CAP REGULATION.
``(a) NECA Pool.--The participation or withdrawal from
participation by a two percent carrier of one or more study areas in
the common line tariff administered and filed by the National Exchange
Carrier Association or any successor tariff or administrator shall not
obligate such carrier to participate or withdraw from participation in
such tariff for any other study area. The Commission may require a two
percent carrier to give 60 days notice of its intent to participate or
withdraw from participation in such common line tariff with respect to
a study area. Except as permitted by section 310(f)(3), a two percent
carrier's election under this subsection shall be binding for one year
from the date of the election.
``(b) Price Cap Regulation.--A two percent carrier may elect to be
regulated by the Commission under price cap rate regulation, or elect
to withdraw from such regulation, for one or more of its study areas.
The Commission shall not require a carrier making an election under
this subsection with respect to any study area or areas to make the
same election for any other study area. Except as permitted by section
310(f)(3), a two percent carrier's election under this subsection shall
be binding for one year from the date of the election.
``SEC. 285. DEPLOYMENT OF NEW TELECOMMUNICATIONS SERVICES BY TWO
PERCENT COMPANIES.
``(a) One-Day Notice of Deployment.--The Commission shall permit
two percent carriers to introduce new interstate telecommunications
services by filing a tariff on one day's notice showing the charges,
classifications, regulations, and practices therefor, without obtaining
a waiver, or make any other showing before the Commission in advance of
the tariff filing. The Commission shall not have authority to approve
or disapprove the rate structure for such services shown in such
tariff.
``(b) Definition.--For purposes of subsection (a), the term `new
interstate telecommunications service' means a class or subclass of
service not previously offered by the two percent carrier that enlarges
the range of service options available to ratepayers of such carrier.
``SEC. 286. ENTRY OF COMPETING CARRIER.
``(a) Pricing Flexibility.--Notwithstanding any other provision of
this Act, any two percent carrier shall be permitted to de-average its
interstate switched or special access rates, file tariffs on one day's
notice, and file contract-based tariffs for interstate switched or
special access services immediately upon certifying to the Commission
that a telecommunications carrier unaffiliated with such carrier is
engaged in facilities-based entry within such carrier's service area. A
two percent carrier subject to rate-of-return regulation with respect
to an interstate switched or special access service, for which pricing
flexibility has been exercised pursuant to this subsection, shall
compute its interstate rate of return based on the nondiscounted rate
for such service.
``(b) Streamlined Pricing Regulation.--Notwithstanding any other
provision of this Act, upon receipt by the Commission of a
certification by a two percent carrier that--
``(1) a local exchange carrier, or its affiliate, or
``(2) a local exchange carrier operated by, or owned in
whole or part by, a governmental authority,
is engaged in facilities-based entry within the two percent carrier's
service area, the Commission shall regulate the two percent carrier as
non-dominant and shall not require the tariffing of the interstate
service offerings of the two percent carrier.
``(c) Participation in Exchange Carrier Association Tariff.--A two
percent carrier that meets the requirements of subsection (a) or (b) of
this section with respect to one or more study areas shall be permitted
to participate in the common line tariff administered and filed by the
National Exchange Carrier Association or any successor tariff or
administrator, by electing to include one or more of its study areas in
such tariff.
``(d) Definitions.--For purposes of this section:
``(1) Facilities-based entry.--The term `facilities-based
entry' means, within the service area of a two percent
carrier--
``(A) the provision or procurement of local
telephone exchange switching or its equivalent; and
``(B) the provision of telephone exchange service
to at least one unaffiliated customer.
``(2) Contract-based tariff.--The term `contract-based
tariff' shall mean a tariff based on a service contract entered
into between a two percent carrier and one or more customers of
such carrier. Such tariff shall include--
``(A) the term of the contract, including any
renewal options;
``(B) a brief description of each of the services
provided under the contract;
``(C) minimum volume commitments for each service,
if any;
``(D) the contract price for each service or
services at the volume levels committed to by the
customer or customers;
``(E) a brief description of any volume discounts
built into the contract rate structure; and
``(F) a general description of any other
classifications, practices, and regulations affecting
the contract rate.
``(3) Service area.--The term `service area' has the same
meaning as in section 214(e)(5).
``SEC. 287. SAVINGS PROVISIONS.
``(a) Commission Authority.--Nothing in this part shall be
construed to restrict the authority of the Commission under sections
201 through 208.
``(b) Rural Telephone Company Rights.--Nothing in this part shall
be construed to diminish the rights of rural telephone companies
otherwise accorded by this Act, or the rules, policies, procedures,
guidelines, and standards of the Commission as of the date of enactment
of this section.
``(c) State Authority.--Nothing in this part shall be construed to
limit or affect any authority (as of August 1, 2001) of the States over
charges, classifications, practices, services, facilities, or
regulations for or in connection with intrastate communications service
by wire or radio of any carrier.''.
SEC. 5. LIMITATION ON MERGER REVIEW.
(a) Amendment.--Section 310 of the Communications Act of 1934 (47
U.S.C. 310) is amended by adding at the end the following:
``(f) Deadline for Making Public Interest Determination.--
``(1) Time limit.--In connection with any merger between
two percent carriers, or the acquisition, directly or
indirectly, by a two percent carrier or its affiliate of
securities or assets of another carrier or its affiliate, if
the merged or acquiring carrier remains a two percent carrier after the
merger or acquisition, the Commission shall make any determinations
required by this section and section 214, and shall rule on any
petition for waiver of the Commission's rules or other request related
to such determinations, not later than 60 days after the date an
application with respect to such merger or acquisition is submitted to
the Commission.
``(2) Approval absent action.--If the Commission does not
approve or deny an application as described in paragraph (1) by
the end of the period specified, the application shall be
deemed approved on the day after the end of such period. Any
such application deemed approved under this subsection shall be
deemed approved without conditions.
``(3) Election permitted.--The Commission shall permit a
two percent carrier to make an election pursuant to section 284
with respect to any local exchange facilities acquired as a
result of a merger or acquisition that is subject to the review
deadline established in paragraph (1) of this subsection.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any application that is submitted to the Commission on
or after the date of enactment of this Act. Applications pending with
the Commission on the date of enactment of this Act shall be subject to
the requirements of this section as if they had been filed with the
Commission on the date of enactment of this Act.
SEC. 6. TIME LIMITS FOR ACTION ON PETITIONS FOR RECONSIDERATION OR
WAIVER.
(a) Amendment.--Section 405 of the Communications Act of 1934 (47
U.S.C. 405) is amended by adding to the end the following:
``(c) Expedited Action Required.--
``(1) Time limit.--Within 90 days after receiving from a
two percent carrier a petition for reconsideration or other
review filed under this section or a petition for waiver of a
rule, policy, or other Commission requirement, the Commission
shall issue an order granting or denying such petition. If the
Commission fails to act on a petition for waiver subject to the
requirements of this section within this 90-day period, the
relief sought in such petition shall be deemed granted. If the
Commission fails to act on a petition for reconsideration or
other review subject to the requirements of this section within
such 90-day period, the Commission's enforcement of any rule
the reconsideration or other review of which was specifically
sought by the petitioning party shall be stayed with respect to
that party until the Commission issues an order granting or
denying such petition.
``(2) Finality of action.--Any order issued under paragraph
(1), or any grant of a petition for waiver that is deemed to
occur as a result of the Commission's failure to act under
paragraph (1), shall be a final order and may be appealed.''.
(b) Effective Date.--The provisions of this section shall apply
with respect to any petition for reconsideration or other review or
petition for waiver that is submitted to the Commission on or after the
date of enactment of this Act. Petitions for reconsideration or
petitions for waiver pending with the Commission on the date of
enactment of this Act shall be subject to the requirements of this
section as if they had been filed on the date of enactment of this Act.
SEC. 7. NATIONAL SECURITY AND LAW ENFORCEMENT EXCEPTIONS.
Notwithstanding sections 310 and 405 of the Communications Act of
1934 (47 U.S.C. 310 and 405), the 60-day time period under section
310(f)(1) of that Act, as added by section 5 of this Act, and the 90-
day time period under section 405(c)(1) of that Act, as added by
section 6 of this Act, shall not apply to a petition or application
under section 310 or 405 if an Executive Branch agency with cognizance
over national security, law enforcement, or public safety matters,
including the Department of Defense, Department of Justice, and the
Federal Bureau of Investigation, submits a written filing to the
Federal Communications Commission advising the Commission that the
petition or application may present national security, law enforcement,
or public safety concerns that may not be resolved within the 60-day or
90-day time period, respectively. | Facilitating Access to Speedy Transmissions for Networks, E-commerce and Telecommunications (FASTNET) Act - Amends the Communications Act of 1934 to define a "two percent carrier" (carrier) as an incumbent local exchange carrier whose access lines, when combined with the access lines of any other carrier that such carrier controls, are fewer than two percent of the subscriber lines installed in the aggregate nationwide.Directs the Federal Communications Commission (FCC), in adopting rules that apply to such carriers, to separately evaluate the burden that any proposed regulatory, compliance, or reporting requirements would have on such carriers. Prohibits the FCC from requiring such carriers to: (1) file cost allocation manuals or Automated Reporting and Management Information Systems reports; or (2) establish or maintain a separate affiliate to provide any common carrier or noncommon carrier services.Limits carrier participation in tariff pools and price cap regulation.Requires the FCC to permit such carriers to introduce new interstate telecommunications services by filing a tariff on one day's notice.Allows such carriers to de-average its interstate switched or special access rates, file tariffs on one day's notice, and file contract-based tariffs for switched or special access services upon certifying that a telecommunications carrier unaffiliated with such carrier is engaged in facilities-based entry within such carrier's service area. Limits FCC carrier merger review authority. Provides time limits for FCC action on petitions for reconsideration or waiver of a rule, policy, or requirement. | {"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to promote deployment of advanced services and foster the development of competition for the benefit of consumers in all regions of the Nation by relieving unnecessary burdens on the Nation's two percent local exchange telecommunications carriers, and for other purposes."} | 3,847 | 343 | 0.568287 | 1.727018 | 0.769355 | 5.7 | 12.403571 | 0.942857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerating the Creation of
Teachers of Influence for Our Nation Act''.
SEC. 2. SCHOLARSHIP PROGRAM.
(a) Establishment.--The National Science Foundation shall establish
a program to provide scholarships to students in science, engineering,
or mathematics programs with certification for elementary or secondary
teaching.
(b) Amount of Scholarship.--A scholarship award under this section
shall be an amount sufficient to cover the cost of tuition, room and
board, and fees at the institution of higher education the student is
attending, not to exceed $20,000 per year.
(c) Selection Criteria.--Scholarships shall be awarded under this
section on the basis of merit, with consideration given to financial
need and the goal of providing support to members of underrepresented
groups within the meaning of the Science and Engineering Equal
Opportunities Act.
(d) Limitation.--A student may not receive scholarships under this
section for more than 5 years of undergraduate study.
(e) Probation.--A student that has received scholarship support
under this section for a year who receives a grade of D or fails a
course during that year shall be notified by the National Science
Foundation that the student is being placed on probation.
(f) Termination.--A student that has received scholarship support
under this section for a year who fails a course during that year,
after having been placed on probation under subsection (e), shall
forfeit the scholarship, and all scholarship amounts received by that
student under this section shall be treated as a student loan as
provided in subsection (h).
(g) Service Obligation.--
(1) In general.--Except as provided in paragraph (2) or
subsection (i), not later than 6 years after graduation from a
program for which a student has received scholarship assistance
under this section--
(A) if the student has received 3 or more years of
such assistance, the student shall complete 5 years of
service as an elementary or secondary science or
mathematics teacher; and
(B) if the student has received fewer than 3 years
of such assistance, the student shall complete 3 years
of service as an elementary or secondary science or
mathematics teacher.
(2) Special service.--If all service under this subsection
is performed at a school eligible for assistance under section
1114 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6314), the length of the obligation under paragraph
(1)(A) or (B) shall be reduced by 1 year.
(h) Forfeiture of Scholarship.--
(1) Consequences.--A student who forfeits a scholarship
provided under this section shall be liable to the United
States for repayment of the full amount of scholarship
assistance received, in accordance with paragraph (3).
(2) Grounds for forfeiture.--A student forfeits a
scholarship provided under this section if the student--
(A) withdraws from the degree program for which the
scholarship was awarded without transfer to a
comparable program within the scope of this Act, or in
a comparable program within the scope of this Act at
another institution of higher education;
(B) fails 2 classes as described in subsections (e)
and (f);
(C) declares that the service obligation under
subsection (g) will not be fulfilled; or
(D) fails to fulfill the service obligation under
subsection (g).
(3) Repayment.--
(A) In general.--Except as provided in subparagraph
(B), in the case of forfeiture, repayment shall be
required for the full amount of scholarship assistance
received by the student plus the interest on such
amounts that would be payable if at the time the
amounts were received they were a loan bearing interest
at the prevailing rate for student loans.
(B) Partial failure to meet service obligation.--In
the case of a forfeiture on grounds described in
paragraph (2)(C) or (D)--
(i) if the student received 3 or more years
of scholarship assistance under this section,
repayment shall be required for the amount of
assistance received reduced by \1/5\ of the
total amount for each year of service
obligation completed, plus the interest on such
reduced amounts that would be payable if at the
time the amounts were received they were a loan
bearing interest at the prevailing rate for
student loans; and
(ii) if the student received fewer than 3
years of scholarship assistance under this
section, repayment shall be required for the
amount of assistance received reduced by \1/3\
of the total amount for each year of service
obligation completed, plus the interest on such
reduced amounts that would be payable if at the
time the amounts were received they were a loan
bearing interest at the prevailing rate for
student loans.
(C) Waiver.--The Director of the National Science
Foundation may provide a partial or complete waiver of
the requirement under this paragraph if a student will
suffer extreme hardship, if compliance is impossible,
or if requiring repayment would be unconscionable.
(i) Master's Degree Option.--
(1) Availability.--A student who has received 1 or more
years of scholarship assistance under this section may apply
for additional scholarship assistance for up to 2 years in a
Master's program in science, technology, engineering, or
mathematics.
(2) Service obligation.--For each year of scholarship
assistance received under paragraph (1), a student's service
obligation under subsection (g) shall increase by 1 year. If
all service under this paragraph and subsection (g) combined is
performed at a school eligible for assistance under section
1114 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6314), the length of the obligation under this paragraph
shall be reduced by 1 year.
(j) Scholarship Trust Fund.--There shall be established in the
Treasury of the United States a trust fund, into which shall be
deposited all gifts and donations received by the National Science
Foundation in support of the program under this section. Amounts in the
trust fund may be used, to the extent provided in appropriations Acts,
for carrying out this section.
(k) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
section--
(1) $200,000,000 for fiscal year 2007;
(2) $400,000,000 for fiscal year 2008;
(3) $600,000,000 for fiscal year 2009;
(4) $800,000,000 for fiscal year 2010; and
(5) $1,000,000,000 for fiscal year 2011.
SEC. 3. UNIVERSITY GRANTS.
(a) Establishment of Program.--The Director of the National Science
Foundation shall establish a program to award annual grants of
$1,000,000 to institutions of higher education (or a consortia of such
institutions) to develop and implement programs that will provide all
of the following:
(1) Undergraduate science, mathematics, and engineering
degrees.
(2) Elementary or secondary teacher certification.
(3) Professional development and mentoring activities.
(b) Selection Criteria.--The Director shall annually award grants
under this section on a competitive basis. The Director shall seek to
achieve a balanced distribution of awards on the basis of geographic
location and the size of the institutions of higher education. In
weighing the merits of grant proposals, the Director shall consider--
(1) the ability of the applicant to carry out the proposed
program;
(2) the size and quality of education and science,
technology, engineering, and mathematics faculty, and
postdoctoral fellows in those departments;
(3) the degree to which the proposed program will enable
students to become and remain successful elementary and
secondary mathematics and science teachers; and
(4) the ability of the applicant to recruit students who
would otherwise not pursue a career in teaching.
(c) Preference.--The Director shall give preference to applicants
whose proposals include--
(1) curriculum based on cognitive psychology and the
science of how students learn;
(2) structured mentoring program with a highly qualified
teacher in the field of the student;
(3) summer internships with researchers in the science,
mathematics, or engineering field of the student;
(4) mentored classroom teaching experience;
(5) use of educational technology with instruction included
within the curriculum;
(6) practical courses in the teaching of science and
mathematics;
(7) partnerships with private sector entities that
include--
(A) financial or in-kind contributions to the
financing of the internships;
(B) mentoring activities;
(C) professional development programs including
professional meetings; and
(D) collaboration with local schools, education
groups, youth organizations, museums, and libraries;
(8) partnerships with other institutions of higher
education to facilitate the sharing of faculty and
implementation of mentoring activities; and
(9) mechanisms to recruit underrepresented groups into the
program.
(d) Matching Funds.--An institution of higher education may only
receive a grant under this section if it will provide at least $200,000
during the fiscal year for which the grant is awarded toward the
development and implementation of the program for which the grant is
awarded.
(e) Limitation.--An institution of higher education may not receive
more than 3 annual grants under this section.
(f) Monitoring.--The Director shall monitor the success of the each
program receiving assistance under this section to determine
eligibility for competitive renewal, including site visits when
necessary.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation--
(1) $500,000,000 for fiscal year 2007;
(2) $600,000,000 for fiscal year 2008;
(3) $700,000,000 for fiscal year 2009;
(4) $900,000,000 for fiscal year 2010; and
(5) $1,000,000,000 for fiscal year 2011. | Accelerating the Creation of Teachers of Influence for Our Nation Act - Directs the National Science Foundation (NSF) to establish a program providing competitive scholarships to undergraduate students who study science, engineering, or mathematics and earn their elementary or secondary teaching certificate. Requires such students to serve as elementary or secondary school science or mathematics teachers for five years, if they have received at least three years of assistance, and three years, if the assistance was of shorter duration. Subtracts one year from such service requirements if the student teaches at a school serving a high proportion of disadvantaged students.
Allows students who have received at least one year of assistance to apply for up to two years of additional assistance in a science, technology, engineering, or mathematics Master's degree program. Increases the teaching service obligation by one year for each additional year of assistance.
Establishes a government trust fund for donations to the NSF scholarship program.
Requires the NSF Director to establish a program awarding competitive annual $1 million grants to institutions of higher education for the development and implementation of programs providing: (1) undergraduate science, mathematics, and engineering degrees; (2) elementary or secondary teacher certification; and (3) professional development and mentoring activities. Requires recipients to kick in an additional $200,000 for the grants. Includes within a list of factors winning preference for applicants, proposals to: (1) provide students with summer internships with researchers in their field; and (2) enter into partnerships with private sector entities and other institutions of higher education. | {"src": "billsum_train", "title": "To provide for the establishment of a program at the National Science Foundation to increase up to 10,000 per year the number of elementary and secondary science and mathematics teachers through a scholarship program encouraging students to obtain science, technology, engineering, and mathematics degrees with teacher certification, and for other purposes."} | 2,038 | 322 | 0.56072 | 1.589055 | 0.864964 | 2.719595 | 6.719595 | 0.85473 |
SECTION 1. SHORT TITLE
This Act may be cited as the ``Sudbury, Assabet, and Concord Wild
and Scenic Rivers Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Title vii of Public Law 101-628--
(A) designated segments of the Sudbury, Assabet,
and Concord Rivers in the Commonwealth of
Massachusetts, totaling 29 river miles, for study of
potential addition to the National Wild and Scenic
Rivers Systems, and
(B) directed the Secretary of the Interior to
establish the Sudbury, Assabet, and Concord River Study
Committee (in this Act referred to as the ``Study
Committee'') to advise the Secretary of the Interior in
conducting the study and concerning management
alternatives should the river be included in the
National Wild and Scenic Rivers System.
(2) The study determination that--
(A) the 16.6 mile segment of the Sudbury River
beginning at the Danforth Street Bridge in the Town of
Framingham, to its confluence with the Assabet River,
(B) the 4.4 mile segment of the Assabet River from
1,000 feet downstream from the Damon Mill Dam in the
Town of Concord to the confluence with the Sudbury
River at Egg Rock in Concord, and
(C) the 8 mile segment of the Concord River from
Egg Rock at the confluence of the Sudbury and Assabet
Rivers to the Route 3 Bridge in the Town of Billerica
are eligible for inclusion in the National Wild and Scenic
Rivers System based upon their free-flowing condition and
outstanding scenic, recreation, wildlife, literary, and
historic values.
(3) The towns that directly abut the segments, including
Framingham, Sudbury, Wayland, Lincoln, Concord, Bedford,
Carlisle, and Billerica, Massachusetts, have each demonstrated
their desire for National Wild and Scenic River designation
through town meeting votes endorsing designation.
(4) During the study, the Study Committee and the National
Park Service prepared a comprehensive management plan for the
segments, entitled ``Sudbury, Assabet and Concord Wild and
Scenic River Study, River Management Plan'', dated March 16,
1995, which establishes objectives, standards, and action
programs that will ensure long-term protection of the rivers'
outstanding values and compatible management of their land and
water resources.
(5) The river management plan does not call for federal
land acquisition for Wild and Scenic River purposes and relies
upon State, local and private entities to have the primary
responsibility for ownership and management of the Sudbury,
Assabet and Concord Wild and Scenic River resources.
(6) The Study Committee voted unanimously on February 23,
1995, to recommend that the Congress include these segments in
the National Wild and Scenic Rivers System for management in
accordance with the River Conservation Plan.
SEC. 3. WILD, SCENIC, AND RECREATIONAL RIVER DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended by adding at the end the following new paragraph:
``( ) Sudbury, Assabet and Concord Rivers, Massachusetts--
``(A) In general.--The 29 miles of river segments
in Massachusetts consisting of the Sudbury River from
the Danforth Street Bridge in Framingham downstream to
its confluence with the Assabet River at Egg Rock; the
Assabet River from a point 1,000 feet downstream of the
Damondale Dam in Concord to its confluence with the
Sudbury River at Egg Rock; and the Concord River from
its origin at Egg Rock in Concord downstream to the
Route 3 bridge in Billerica (in this paragraph referred
to as `segments'), as scenic and recreational river
segments. The segments shall be administered by the
Secretary of the Interior through cooperative
agreements between the Secretary of the Interior and
the Commonwealth of Massachusetts and its relevant
political subdivisions (including the Towns of
Framingham, Wayland, Sudbury, Lincoln, Concord
Carlisle, Bedford, and Billerica) pursuant to section
10(e) of this Act. The segments shall be managed in
accordance with the plan entitled ``Sudbury, Assabet
and Concord Wild and Scenic River Study, River
Conservation Plan'' dated March 16, 1995 (in this
paragraph referred to as the `Plan'). The Plan is
deemed to satisfy the requirement for a comprehensive
management plan under section 3(d) of this Act.''.
SEC. 4 MANAGEMENT.
(a) Committee.--The Director of the National Park Service (in this
paragraph referred to as the `Director'), or his or her designee, shall
represent the Secretary of the Interior on the SUASCO River Stewardship
Council provided for in the ``Sudbury, Assabet and Concord Wild and
Scenic River Study, River Management Plan'' (the `Plan').
(b) Federal Role.--(1) The Director represents the Secretary of the
Interior in the implementation of the Plan and the provisions of the
Wild and Scenic Rivers Act with respect to the segments, including the
review of proposed federally assisted water resources projects which
could have a direct and adverse effect on the values for which the
segments are established, as authorized under section 7(a) of the Wild
and Scenic Rivers Act.
(2) Pursuant to section 10(e) and section 11(b)(1), the Director
shall offer to enter into cooperative agreements with the Commonwealth
of Massachusetts, its relevant political subdivisions, the Sudbury
Valley Trustees, and the Organization for the Assabet River. Such
cooperative agreements shall be consistent with the Plan and may
include provisions for financial or other assistance from the United
States to facilitate the long-term protection, conservation and
enhancement of the segments.
(3) The Director may provide technical assistance, staff support,
and funding to assist in the implementation of the Plan, except that
the total cost to the Federal Government of activities to implement the
Plan may not exceed $100,000 each fiscal year.
(4) Notwithstanding the provisions of section 10(c) of the Wild and
Scenic Rivers Act, any portion of the segments not already within the
National Park System shall not under this Act--
(A) become a part of the National Park System;
(B) be managed by the National Park Service; or
(C) be subject to regulations which govern the National
Park System.
(c) Water Resources Projects.--(1) In determining whether a
proposed water resources project would have a direct and adverse effect
on the values for which the segments were included in the National Wild
and Scenic Rivers System, the Secretary shall specifically consider the
extent to which the project is consistent with the Plan.
(2) The Plan, including the detailed Water Resources Study
incorporated by reference therein and such additional analysis as may
be incorporated in the future, shall serve as the primary source of
information regarding the flows needed to maintain instream resources
and potential compatibility between resource protection and possible
additional water withdrawals.
(d) Land Management.--(1) The zoning bylaws of the towns of
Framingham, Sudbury, Wayland, Lincoln, Concord, Carlisle, Bedford, and
Billerica, Massachusetts, as in effect on the date of enactment of this
paragraph, are deemed to satisfy the standards and requirements under
section 6(c) of the Wild and Scenic Rivers Act. For the purpose of
section 6(c) of the Wild and Scenic Rivers Act, the towns are deemed to
be `villages' and the provisions of that section which prohibit Federal
acquisition of lands shall apply
(2) The United States Government shall not acquire by any means
title to land, easements, or other interests in land along the segments
for the purposes of designation of the segments under this Act or the
Wild and Scenic Rivers Act. Nothing in this Act or the Wild and Scenic
Rivers Act shall prohibit Federal acquisition of interests in land
along the segments under other laws for other purposes.
SEC. 5. FUNDING AUTHORIZATION.
There are authorized to be appropriated to the Secretary of the
Interior to carry out the purposes of this Act no more than $100,000
for each fiscal year. | Sudbury, Assabet, and Concord Wild and Scenic Rivers Act - Amends the Wild and Scenic Rivers Act (the Act) to designate segments of the Sudbury, Assabet, and Concord Rivers in Massachusetts as components of the National Wild and Scenic Rivers System.
Requires the segments to be: (1) administered by the Secretary of the Interior through cooperative agreements between the Secretary and the Commonwealth of Massachusetts and its relevant political subdivisions; and (2) managed in accordance with the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Conservation Plan which shall be deemed to satisfy the requirement for a comprehensive management plan pursuant to the Act.
Requires the Director of the National Park Service to represent the Secretary: (1) on the SUASCO River Stewardship Council provided for in the Sudbury, Assabet, and Concord Wild and Scenic River Study, River Management Plan; and (2) in the implementation of the Conservation Plan and the provisions of the Act with respect to the segments.
Authorizes appropriations. | {"src": "billsum_train", "title": "Sudbury, Assabet, and Concord Wild and Scenic Rivers Act"} | 1,815 | 240 | 0.715019 | 2.161441 | 0.754959 | 4.331633 | 8.331633 | 0.954082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Removing Barriers to Allergy
Diagnostic Testing Act of 2018''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Allergies, when not properly diagnosed, cannot be
effectively treated.
(2) Allergies to food, inhaled particles, or other sources
can cause debilitating and, in some cases, fatal reactions.
(3) Allergies can substantially compound other illnesses,
including asthma, emphysema, and adult obstructive pulmonary
diseases, leading to social and economic costs for families and
our Nation's health care system.
(4) According to clinical guidelines from the National
Institutes of Health and recommendations from peer-reviewed
literature, in vitro specific IgE tests and percutaneous tests
are considered equivalent as confirmatory tests in terms of
their sensitivity and accuracy.
(5) Despite these recommendations, some current Medicare
local coverage determinations and Medicaid coverage policies
deny equal access to in vitro specific IgE tests and
percutaneous tests.
(6) In vitro specific IgE tests and percutaneous tests must
be equally accessible for clinicians and patients to improve
health outcomes, reduce system costs, and reduce current health
care disparities caused by the lack of equal coverage.
SEC. 3. MEDICAID COVERAGE FOR ALLERGY DIAGNOSTIC TESTING SERVICES.
(a) In General.--Title XIX of the Social Security Act (42 U.S.C.
1396 et seq.) is amended--
(1) in section 1902(a)--
(A) in paragraph (82), by striking ``and'' at the
end;
(B) in paragraph (83), by striking the period at
the end and inserting ``; and''; and
(C) by inserting before the matter following
paragraph (83) the following new paragraph:
``(84) provide, with respect to the provision of allergy
diagnostic testing services (as defined in section 1905(ee))
under the State plan, for equality in the treatment of in vitro
specific IgE tests and percutaneous tests with respect to--
``(A) any medical necessity or other coverage
requirements established for such in vitro specific IgE
and percutaneous tests;
``(B) any frequency limits established for such
tests; and
``(C) any allergen unit limits established for such
tests.''; and
(2) in section 1905--
(A) in subsection (r)--
(i) by redesignating paragraph (5) as
paragraph (6); and
(ii) by inserting after paragraph (4) the
following new paragraph:
``(5) Allergy diagnostic testing services (as defined in
subsection (ee)).''; and
(B) by adding at the end the following new
subsection:
``(ee) Allergy Diagnostic Testing Services Defined.--The term
`allergy diagnostic testing services' means in vitro specific IgE tests
and percutaneous tests that--
``(1) have been cleared under section 501(k), classified
under section 513(f)(2), or approved under section 515 of the
Federal Food, Drug, and Cosmetic Act; and
``(2) are provided to individuals for the purpose of
evaluating immunologic response to certain antigens.''.
(b) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall apply with respect to items and
services provided on or after January 1, 2019.
(2) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) that the Secretary of Health and Human
Services determines requires State legislation in order for the
respective plan to meet any requirement imposed by amendments
made by this section, the respective plan shall not be regarded
as failing to comply with the requirements of such title solely
on the basis of its failure to meet such an additional
requirement before the first day of the first calendar quarter
beginning after the close of the first regular session of the
State legislature that begins after the date of the enactment
of this Act. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each year of
the session shall be considered to be a separate regular
session of the State legislature.
SEC. 4. MEDICARE COVERAGE FOR ALLERGY DIAGNOSTIC TESTING SERVICES.
(a) Coverage.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (FF), by striking ``and'' at
the end;
(B) in subparagraph (GG), by striking the semicolon
at the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(HH) allergy diagnostic testing services (as defined in
subsection (jjj));''; and
(2) by adding at the end the following new subsection:
``(jjj) Allergy Diagnostic Testing Services.--
``(1) In general.--The term `allergy diagnostic testing
services' means in vitro specific IgE tests and percutaneous
tests--
``(A) that have been cleared under section 501(k),
classified under section 513(f)(2), or approved under
section 515 of the Federal Food, Drug, and Cosmetic
Act; and
``(B) which are furnished to individuals for the
purpose of evaluating immunologic response to certain
antigens, as determined appropriate by the practitioner
ordering such test.
``(2) Equal access to testing methods.--The Secretary shall
ensure equality in the treatment of in vitro specific IgE tests
and percutaneous tests described in paragraph (1) with respect
to--
``(A) any medical necessity or other coverage
requirements established for such in vitro specific IgE
and percutaneous tests;
``(B) any frequency limits established for such
tests; and
``(C) any allergen unit limits established for a
year for such tests.''.
(b) Payment.--Section 1834 of the Social Security Act (42 U.S.C.
1395m) is amended by adding at the end the following new subsection:
``(v) Allergy Diagnostic Testing Services.--For purposes of payment
only, in the case of allergy diagnostic testing services (as defined in
section 1861(jjj))--
``(1) in vitro specific IgE tests shall be treated as
clinical diagnostic laboratory tests; and
``(2) percutaneous tests shall be treated as physicians'
services.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to items and services furnished on or after January
1, 2019. | Removing Barriers to Allergy Diagnostic Testing Act of 2018 This bill provides for equal coverage of specified types of allergy diagnostic testing services under both Medicaid and Medicare. | {"src": "billsum_train", "title": "Removing Barriers to Allergy Diagnostic Testing Act of 2018"} | 1,531 | 48 | 0.471143 | 1.267575 | 0.723792 | 2.518519 | 50.777778 | 0.814815 |
SECTION 1. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) The Supplemental Security Income program provides
essential income security to more than 4,000,000 working-age
adult Americans, most of whom are disabled.
(2) Eligibility for the Supplemental Security Income
program requires the applicant to have very few assets that are
available for the individual's use. However, certain necessary
assets, such as the person's primary residence, and certain
government benefits, such as the Earned Income Tax Credit, are
excluded from the asset test.
(3) The value of a traditional defined benefit plan that
will eventually provide the former worker with periodic
payments does not count against the asset limit for the
Supplemental Security Income program, allowing a person who
becomes disabled to qualify for Supplemental Security Income
and Medicaid benefits while maintaining the right to receive a
pension at retirement age.
(4) Americans are increasingly dependent on defined
contribution plans such as 401(k) and individual retirement
accounts to provide for retirement security. Assets saved in
such plans count against a person's eligibility for
Supplemental Security Income benefits.
(5) Persons with disabilities are thus discouraged from
accumulating any retirement savings during periods of time when
they are able to work, because if their medical condition
deteriorates or they otherwise lose their job, they will have
to liquidate their retirement accounts and pay penalties in
order to qualify for Supplemental Security Income and Medicaid
benefits.
(6) The current treatment of retirement assets discourages
savings and work for disabled persons.
(b) Statement of Purpose.--The purpose of this Act is to encourage
retirement savings for all and promote work and self-sufficiency for
persons with disabilities by disregarding up to $75,000 in retirement
accounts when determining eligibility for benefits under the
Supplemental Security Income program.
SEC. 2. EXCLUSION OF LIMITED VALUE OF RETIREMENT PLANS UNDER THE SSI
PROGRAM.
(a) Resourse Exclusion.--
(1) In general.--Section 1613(a) of the Social Security Act
(42 U.S.C. 1382b(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(14);
(B) by striking the period at the end of paragraph
(15) and inserting ``; and''; and
(C) by inserting after paragraph (15) the
following:
``(16) the value of any plan, contract, or account,
described in section 401(a), 403(a), 403(b), 408, 408A, 457(b),
or 501(c)(18) of the Internal Revenue Code of 1986, established
for the benefit of the individual, to the extent the aggregate
value of all such plans, contracts, and accounts so established
does not exceed $75,000 (in the case of calendar years prior to
2009) and the amount determined under section 1617(d) for the
calendar year (in the case of calendar years after 2008).''.
(2) Annual cost of living adjustment.--Section 1617 of such
Act (42 U.S.C. 1382f) is amended by adding at the end the
following new subsection:
``(d)(1) The Commissioner of Social Security shall, on or before
November 1 of 2008 and every calendar year thereafter, determine and
publish in the Federal Register a dollar amount for purposes of section
1613(a)(16) for the succeeding calendar year. The amount determined
under this subsection shall be the amount in effect in the calendar
year in which the determination is made or, if larger, the product of--
``(A) $75,000, and
``(B) the ratio of--
``(i) the Consumer Price Index for the calendar
year before the calendar year in which the
determination is made to
``(ii) the Consumer Price Index for 2007,
with such product, if not a multiple of $100, being rounded to the next
higher multiple of $100 where such product is a multiple of $50 but not
of $100 and the nearest multiple of $100 in any other case.
``(2) For purposes of this subsection, the term `Consumer Price
Index' for any year means the arithmetical mean of the Consumer Price
Index for Urban Wage Earners and Clerical Workers (CPI-W) issued by the
Bureau of Labor Statistics of the Department of Labor for the 12 months
in such year.''.
(b) Income Exclusion.--Section 1612(b) of such Act (42 U.S.C.
1382a(b)) is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following:
``(24) the interest or other earnings on the resources of
the individual that are excluded by reason of section
1613(a)(16).''.
(c) No Requirement To Accelerate Retirement Payments.--Section
1611(e)(2) of such Act (42 U.S.C. 1382(e)(2)) is amended by inserting
``(except, in the case of a person who has not attained 65 years of
age, payments from a plan, contract, or account referred to in section
1613(a)(16))'' after ``1612(a)(2)(B)''.
(d) Effective Date.--The amendments made by this section shall
apply to benefits for calendar months beginning after the date of the
enactment of this Act. | Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude the first $75,000 of the value of retirement plans (adjusted annually for cost of living) in determining eligibility for, and the amount of benefits under, the SSI program. | {"src": "billsum_train", "title": "To exclude the first $75,000 of the value of retirement plans (adjusted annually for cost of living) in determining eligibility for, and the amount of benefits under, the supplemental security income program."} | 1,235 | 64 | 0.517558 | 1.248363 | 0.716261 | 2.408163 | 22.591837 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Christopher and Dana Reeve Quality
of Life for Persons with Paralysis Act''.
SEC. 2. 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) may
include--
(1) the development of a national paralysis and physical
disability quality-of-life action plan, to promote health and
wellness in order to enhance 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, the establishment of a hospital-
based registry, and the conduct of relevant population-based
research, on motor disability (including paralysis); and
(4) the development of comprehensive, unique, and
innovative programs, services, and demonstrations within
existing State-based disability and health programs of the
Centers for Disease Control and Prevention which are 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) education and awareness programs for health
care providers;
(D) prevention of secondary complications;
(E) home- and community-based interventions;
(F) coordination of services and removal of
barriers that prevent full participation and
integration into the community; and
(G) recognition of the unique needs of underserved
populations.
(c) Grants.--In carrying out subsection (a), the Secretary may
award grants in accordance with the following:
(1) To State and local health and disability agencies for
the purpose of--
(A) establishing paralysis registries for the
support of relevant population-based research;
(B) developing comprehensive paralysis and other
physical disability action plans and activities focused
on the items listed in subsection (b)(4);
(C) assisting State-based programs in establishing
and implementing partnerships and collaborations that
maximize the input and support of people with paralysis
and other physical disabilities and their constituent
organizations;
(D) coordinating paralysis and physical disability
activities with existing State-based disability and
health programs;
(E) providing education and training opportunities
and programs for health professionals and allied
caregivers; and
(F) developing, testing, evaluating, and
replicating effective intervention programs to maintain
or improve health and quality of life.
(2) To nonprofit private health and disability
organizations for the purpose of--
(A) disseminating information to the public;
(B) improving access to services for persons living
with paralysis and other physical disabilities and
their caregivers;
(C) testing model intervention programs to improve
health and quality of life; and
(D) coordinating existing services with State-based
disability and health programs.
(d) Coordination of Activities.--The Secretary shall ensure that
activities under this section are coordinated as appropriate with other
activities of the Public Health Service.
(e) Report to Congress.--Not later than December 1, 2007, the
Secretary shall submit to the Congress a report describing the results
of the study under subsection (a) and, as applicable, the national plan
developed under subsection (b)(1).
(f) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated in the
aggregate $25,000,000 for the fiscal years 2007 through 2010.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that--
(1) as science and research have advanced, so too has the
need to increase strategic planning across the National
Institutes of Health to identify research that is important to
the advancement of biomedical science; and
(2) research involving collaboration among the national
research institutes and national centers of the National
Institutes of Health is crucial for advancing research on
paralysis and thereby improving rehabilitation and the quality
of life for persons living with paralysis and other physical
disabilities.
Passed the House of Representatives December 9 (legislative
day, December 8), 2006.
Attest:
KAREN L. HAAS,
Clerk. | Christopher and Dana Reeve Quality of Life for Persons with Paralysis Act - Permits the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to study the 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 individuals with such conditions. Provides that such activities may include: (1) development of a national paralysis and physical disability quality-of-life action plan; (2) support for programs to disseminate information involving care and rehabilitation options and quality-of-life grant programs; (3) establishment of a hospital-based registry and the conduct of relevant population-based research on motor disability; and (4) development of programs, services, and demonstrations designed to support and advance quality-of-life programs for persons living with paralysis and other physical disabilities.
Allows the Secretary to award grants for activities related to paralysis, including to: (1) establish paralysis registries; (2) develop comprehensive paralysis and other physical disability action plans; (3) coordinate paralysis and physical disability activities with existing state-based disability and health programs; (4) provide education and training for health professionals and allied caregivers; (5) develop, test, evaluate, and replicate effective intervention programs to maintain and improve health and quality of life; (6) disseminate information to the public; (7) improve access to services for persons living with paralysis and other physical disabilities and their caregivers; and (8) test model intervention programs to improve health and quality of life. Sets forth reporting requirements. Authorizes appropriations. Expresses the sense of Congress that: (1) as science and research have advanced, so too has the need to increase strategic planning across the National Institutes of Health (NIH) to identify research that is important to the advancement of biomedical science; and (2) research involving collaboration among NIH national research institutes and national centers is crucial for advancing research on paralysis. | {"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."} | 1,082 | 426 | 0.782887 | 2.788669 | 1.046664 | 5.339241 | 2.648101 | 0.924051 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``California
Catastrophic Wildfire Prevention and Community Protection Act''.
(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. Project authority consistent with community wildfire protection
plan.
Sec. 5. Elements of eligible projects.
Sec. 6. Environmental analysis.
Sec. 7. Administrative and judicial review.
Sec. 8. Acceptance and use of funds or in-kind services.
Sec. 9. Report.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Forested lands under the jurisdiction of the Forest
Service and Bureau of Land Management in California have grown
into a state of unnatural density and structure.
(2) Overgrown forest conditions, in combination with
continued drought and other climatic circumstances, have left
these forests at extreme risk to insects, disease, and
catastrophic wildfire.
(3) The risk of catastrophic wildfire presents a very real
threat to the health and safety of individuals and communities
in the wildland-urban interface as well as to the property of
adjacent private landowners.
(4) The catastrophic, stand-replacing fires that are
occurring with increasing frequency as a result of the forest
conditions described in paragraph (2), pose a threat to the
health of lands, watersheds, wildlife, air quality and the
environment.
(5) Local communities and interests are willing to work
collaboratively to assure seamless protection from catastrophic
wildfire and to improve forest health across public and private
lands.
(6) The Federal Government, particularly the Forest Service
and Bureau of Land Management, must address these conditions at
the appropriate annual pace and scale needed across the
landscape to have a substantial impact in reducing natural
disturbances.
SEC. 3. DEFINITIONS.
In this Act:
(1) At-risk community.--The term ``at-risk community'' has
the meaning given that term in Section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511).
(2) At-risk watershed.--The term ``at-risk watershed''
means a watershed--
(A) where there exists a high risk of losing key
ecosystem, wildlife, and watershed components to severe
fire, including post-fire disturbances, as documented
by the Secretary concerned; and
(B) where there are--
(i) Federal lands in condition class II or
III, as developed by the Forest Service Rocky
Mountain Research Station in the general
technical report titled ``Development of
Coarse-Scale Spatial Data for Wildland Fire and
Fuel Management'' (RMRS-87) and dated April
2000 (including any subsequent revision to the
report); or
(ii) private lands that are located in a
``Very High Fire Hazard Severity Zone'', as
determined by the California State Fire
Marshal.
(3) Community wildfire protection plan.--The term
``community wildfire protection plan'' has the meaning given
that term in Section 101 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6511).
(4) County fire plan.--The term ``county fire plan'' means
a plan developed similarly to a community wildfire protection
plan with an annual mitigation strategy developed through a
collaborative effort and formally adopted by the Board of
Supervisors of the county in which the forest lands covered by
the plan are located.
(5) Covered forest lands.--
(A) Included lands.--The term ``covered forest
lands'' means--
(i) National Forest System lands in
California; and
(ii) Public land in California administered
by the Secretary of the Interior through the
Bureau of Land Management.
(B) Excluded land.--The term does not include land
that is a component of the National Wilderness
Preservation System or other Federal land (other than
inventoried roadless areas and wilderness study areas)
in which the removal of vegetation is specifically
prohibited by Federal law.
(6) Eligible project.--The term ``eligible project'' means
the measures and methods included in a project carried out on
covered forest lands by the Secretary concerned for hazardous
fuels reduction, forest health, and forest restoration.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) The Secretary of Agriculture, in the case of
National Forest System lands; and
(B) The Secretary of the Interior, in the case of
public land administered by the Secretary of the
Interior through the Bureau of Land Management.
SEC. 4. PROJECT AUTHORITY CONSISTENT WITH COMMUNITY WILDFIRE PROTECTION
PLAN.
The Secretary concerned shall carry out eligible projects on
covered forest lands that are within or adjacent to an at-risk
community or an at-risk watershed if the eligible project is consistent
with the applicable community wildfire protection plan or county fire
plan.
SEC. 5. ELEMENTS OF ELIGIBLE PROJECTS.
Eligible projects on covered forest lands shall be carried out in a
cost-effective manner that--
(1) focuses on surface, ladder, and canopy fuels reduction
activities; or
(2) implements forest restoration activities in response to
severe fire, insect, or disease infestation, windthrow, or
other extreme weather events or natural disasters.
SEC. 6. ENVIRONMENTAL ANALYSIS.
(a) General Rule of Proposed Action and No Action Alternative.--The
Secretary concerned shall prepare an environmental assessment or an
environmental impact statement pursuant to section 102(2) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for each
proposed eligible project. The Secretary concerned shall study,
develop, and describe the proposed action and the alternative of no
action. Except as provided in subsection (b), the Secretary concerned
is not required to study, develop, or describe any alternative actions
to the proposed agency action.
(b) Consideration of Alternative Recommendation.--The Secretary
concerned shall evaluate and consider an alternative recommendation
submitted by the county in which a proposed eligible project is to be
carried out if the county determines that the proposed eligible project
is or may be inconsistent with its community wildfire protection plan.
The Secretary shall publish the evaluation and consideration of the
alternative recommendation in the environmental assessment or
environmental impact statement prepared pursuant to section 102(2) of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for
the proposed eligible project.
(c) Effect of County Emergency.--
(1) Council on environmental quality.--Pursuant to Section
1506.11 of title 40, Code of Federal Regulations, the Secretary
concerned shall request the Council on Environmental Quality to
develop and approve alternative arrangements for a proposed
eligible project if the county in which the proposed eligible
project is to be carried out, in consultation with the Director
of the California Department of Forestry and Fire Protection,
declares--
(A) a state of emergency; or
(B) the existence of a dangerous nuisance to public
safety, welfare, infrastructure, watersheds, wildlife
habitat, or other vital assets due to the accumulation
of forest fuels and the associated risk of extreme fire
on covered forest lands.
(2) Mandatory information.--When requesting alternative
arrangements under paragraph (1), the Secretary concerned shall
transmit to the Council on Environmental Quality the following
information:
(A) A description of the proposed eligible project.
(B) The condition of forest fuels within or near
the proposed eligible project.
(C) The threat to public safety, welfare,
infrastructure, watersheds, wildlife habitat, or other
vital assets due to the accumulation of forest fuels
and the associated risk of extreme fire that the
proposed eligible project is to relieve.
(D) The degree to which delaying the implementation
of the proposed eligible project will increase the risk
of serious harm to public safety, welfare,
infrastructure, watersheds, wildlife habitat, or other
vital assets due to the accumulation of forest fuels
and the associated risk of extreme fire.
(E) Any other information the Secretary concerned
determines relevant.
(3) Further information.--At the request of either the
county in which the eligible project is to be carried out or
the Director of the California Department of Forestry and Fire
Protection, the Secretary concerned shall transmit to the
Council on Environmental Quality information provided to the
Secretary concerned by the State or county concerning the
threat to public safety, welfare, infrastructure, watersheds,
wildlife habitat, or other vital assets due to the accumulation
of forest fuels and the associated risk of extreme fire that
the proposed eligible project is to relieve.
(4) Deadline for alternative arrangements.--Not later than
15 days after receipt of a request under paragraph (1) for
approval of alternative arrangements for a proposed eligible
project, the Council on Environmental Quality shall submit to
the Secretary concerned either the alternative arrangements for
the eligible project or a statement explaining why the
alternative arrangements are denied. If the Council on
Environmental Quality fails to comply with such deadline or
denies alternative arrangements, the Secretary concerned shall
proceed immediately and to completion on the proposed eligible
project notwithstanding any other provision of law including,
but not limited to, the National Environmental Policy Act and
the National Forest Management Act (16 U.S.C. 1601 et seq.).
Such actions shall also not be subject to the notice, comment,
and appeal requirements of the Appeals Reform Act, (16 U.S.C.
1612 (note), Pub. Law No. 102-381 Sec. 322). Any action
authorized by this subsection shall not be subject to judicial
review by any court of the United States.
SEC. 7. ADMINISTRATIVE AND JUDICIAL REVIEW.
(a) Administrative Review.--Administrative review of eligible
projects shall occur in accordance with the special administrative
review process established under section 105 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6515).
(b) Judicial Review.--Judicial review of eligible projects shall
occur in accordance with section 106 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6516).
SEC. 8. ACCEPTANCE AND USE OF FUNDS OR IN-KIND SERVICES.
The Secretary concerned may accept and use funds or in-kind
services from any public or private entity to assist carrying out
eligible projects under this Act.
SEC. 9. REPORT.
The Secretary concerned shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate an annual report describing all
eligible projects conducted under this Act. | California Catastrophic Wildfire Prevention and Community Protection Act - Directs the Secretaries of Agriculture and the Interior to carry out eligible projects on National Forest System lands and public lands, respectively, in California which are within or adjacent to at-risk communities or watersheds if the project is consistent with the applicable community wildfire protection plan or county fire plan.
Requires eligible projects on such lands to be carried out in a cost-effective manner that focuses on surface, ladder, and canopy fuels reduction activities or implements forest restoration activities in response to extreme weather events or natural disasters.
Requires the Secretaries to: (1) prepare an environmental assessment or an environmental impact statement pursuant to the National Environmental Policy Act of 1969 for each proposed eligible project; and (2) evaluate and consider an alternative recommendation if a project is or may be inconsistent with its community wildfire protection plan.
Requires administrative and judicial review of eligible projects in accordance with the Healthy Forests Restoration Act of 2003. | {"src": "billsum_train", "title": "To address the public health and safety threat presented by the risk of catastrophic wildfire on Federal forestlands of the State of California by requiring the Secretary of Agriculture and the Secretary of the Interior to expedite forest management projects relating to hazardous fuels reduction, forest restoration, and forest health."} | 2,309 | 217 | 0.522008 | 1.489521 | 0.880807 | 5.016129 | 11.645161 | 0.962366 |
.
(a) War Powers Resolution.--The War Powers Resolution (Public Law
95-148; 50 U.S.C. 1541 et seq.) is repealed.
(b) Conforming Repeal.--Section 1013 of the Department of State
Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a) is
hereby repealed.
SEC. 3. CONSULTATION.
The President in every possible instance shall consult with
Congress before introducing United States Armed Forces into hostilities
or into situations where imminent involvement in hostilities is clearly
indicated by the circumstances, and after every such introduction shall
consult regularly with the Congress until United States Armed Forces
are no longer engaged in hostilities or have been removed from such
situations.
SEC. 4. REPORTING.
(a) Initial Reports.--In the absence of a declaration of war, in
any case in which United States Armed Forces are introduced--
(1) into hostilities or into situations where imminent
involvement in hostilities is clearly indicated by the
circumstances;
(2) into the territory, airspace, or waters of a foreign
nation, while equipped for combat, except for deployments which
relate solely to supply, replacement, repair, or training of
such forces; or
(3) in numbers which substantially enlarge United States
Armed Forces equipped for combat already located in a foreign
nation;
the President shall submit within 48 hours to the Speaker of the House
of Representatives and to the President pro tempore of the Senate a
report, in writing, setting forth--
(A) the circumstances necessitating the introduction of
United States Armed Forces;
(B) the constitutional and legislative authority under
which such introduction took place; and
(C) the estimated scope and duration of the hostilities or
involvement.
(b) Additional Information.--The President shall provide such other
information as the Congress may request in the fulfillment of its
constitutional responsibilities with respect to committing the Nation
to war and to the use of United States Armed Forces abroad.
(c) Periodic Reports.--Whenever United States Armed Forces are
introduced into hostilities or into any situation described in
subsection (a) of this section, the President shall, so long as such
armed forces continue to be engaged in such hostilities or situation,
report to the Congress periodically on the status of such hostilities
or situation as well as on the scope and duration of such hostilities
or situation, but in no event shall he report to the Congress less
often than once every 6 months.
SEC. 5. LIMITATION ON PLACEMENT OF UNITED STATES ARMED FORCES UNDER
FOREIGN COMMAND FOR A UNITED NATIONS PEACEKEEPING
ACTIVITY.
Section 6 of the United Nations Participation Act (22 U.S.C. 287d)
is amended to read as follows:
``Sec. 6. (a) Any special agreement or agreements negotiated by the
President with the Security Council providing for the numbers and types
of United States Armed Forces, their degree of readiness and general
locations, or the nature of facilities and assistance, including rights
of passage, to be made available to the Security Council for the
purpose of maintaining international peace and security in accordance
with Article 43 of the United Nations Charter, shall be subject to the
approval of the Congress by Act or joint resolution.
``(b) The President may not subordinate to the command or
operational control of any foreign national any element of the United
States Armed Forces participating in any United Nations peacekeeping
activity unless--
``(1) the President satisfies the requirements of
subsection (c); or
``(2) the Congress enacts an Act or joint resolution
specifically authorizing such subordination.
``(c)(1) The requirements referred to in subsection (b)(1) are that
the President submit to the designated congressional committees (at the
time specified in paragraph (2) of this subsection) the following
documents:
``(A) A determination by the President that--
``(i) the proposed subordination of United States
Armed Forces to foreign command is in the national
security interest of the United States;
``(ii) the unit commanders of the United States
Armed Forces proposed for subordination to the command
of foreign nationals will at all times retain the
ability to report independently to higher United States
military authorities;
``(iii) the United States will retain authority to
withdraw the United States Armed Forces from the United
Nations peacekeeping activity at any time and to take
action it considers necessary to protect those forces
if they are endangered; and
``(iv) the United States Armed Forces subordinated
to the command of foreign nationals will at all times
remain under United States administrative command for
such purposes as discipline and evaluation.
``(B) The justification for the determination made pursuant
to subparagraph (A)(i).
``(C) A memorandum of legal points and authorities
explaining why the proposed foreign command arrangement does
not violate the Constitution.
``(2) The documents described in paragraph (1) shall be submitted
to the appropriate congressional committees not less than 15 days
before any element of the United States Armed Forces is subordinated to
the command and control of a foreign national, except that if the
President determines that an emergency exists which prevents compliance
with the requirement that notice be provided 15 days in advance, those
documents shall be submitted in a timely manner but no later than 48
hours after such subordination.
``(d) For purposes of this section, the term `appropriate
committees of Congress' means--
``(1) the Committee on National Security, the Committee on
Appropriations, and the Committee on International Relations of
the House of Representatives; and
``(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of the
Senate.''.
SEC. 6. REDUCTION OF UNITED NATIONS ASSESSMENTS TO THE UNITED STATES
FOR PEACEKEEPING OPERATIONS.
(a) Annual Report.--The President shall, at the time of submission
of the budget to Congress for any fiscal year, submit to the
appropriate committees of Congress a report on the total amount of
funds appropriated for national defense purposes for any fiscal year
after fiscal year 1995 that were expended during the preceding fiscal
year to support or participate in, directly or indirectly, United
Nations peacekeeping activities. Such report shall include a breakdown
by United Nations peacekeeping operation of the amount of funds
expended to support or participate in each such operation.
(b) Limitation.--In each fiscal year beginning with fiscal year
1996, funds may be obligated or expended for payment to the United
Nations of the United States assessed share of peacekeeping operations
for that fiscal year only to the extent that such assessed share
exceeds the total amount identified in the report submitted pursuant to
subsection (a) for the preceding fiscal year, reduced by the amount of
any reimbursement or credit to the United States by the United Nations
for the costs of United States support for, or participation in, United
Nations peacekeeping activities for that fiscal year.
(c) Definitions.--As used in this section:
(1) The term ``United Nations peacekeeping activities''
means any international peacekeeping, peacemaking, peace-
enforcing, or similar activity that is authorized by the United
Nations Security Council under chapter VI or VII of the United
Nations Charter.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committee on National Security, the
Committee on Appropriations, and the Committee on
International Relations of the House of
Representatives; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Committee on Foreign
Relations of the Senate.
SEC. 7. PRIOR CONGRESSIONAL NOTIFICATION OF SECURITY COUNCIL VOTES ON
UNITED NATIONS PEACEKEEPING ACTIVITIES.
(a) Notice to Congress of Proposed United Nations Peacekeeping
Activities.--Section 4 of the United Nations Participation Act of 1945
(22 U.S.C. 287b) is amended--
(1) by redesignating subsection (e) as subsection (g); and
(2) by inserting after subsection (d) the following:
``(e) Notice to Congress of Proposed United Nations Peacekeeping
Activities.--(1) Except as provided in paragraph (2), at least 15 days
before any vote in the Security Council to authorize any United Nations
peacekeeping activity or any other action under the Charter of the
United Nations (including any extension, modification, suspension, or
termination of any previously authorized United Nations peacekeeping
activity or other action) which would involve the use of United States
Armed Forces or the expenditure of United States funds, the President
shall submit to the designated congressional committees a notification
with respect to the proposed action. The notification shall include the
following:
``(A) A cost assessment of such action (including the total
estimated cost and the United States share of such cost).
``(B) Identification of the source of funding for the
United States share of the costs of the action (whether in an
annual budget request, reprogramming notification, a rescission
of funds, a budget amendment, or a supplemental budget
request).
``(2)(A) If the President determines that an emergency exists which
prevents submission of the 15-day advance notification specified in
paragraph (1) and that the proposed action is in the national security
interests of the United States, the notification described in paragraph
(1) shall be provided in a timely manner but no later than 48 hours
after the vote by the Security Council.
``(B) Determinations made under subparagraph (A) may not be
delegated.
``(f) Adverse Personnel Actions and Criminal Penalties.--Any
officer or employee of the United States Government who knowingly and
willfully obligates or expends United States funds to carry out any
Security Council action described in subsection (e) without the
requirements of that subsection having been met shall be subject to the
same adverse personnel actions and criminal penalties as are described
in sections 1349 and 1350, respectively, of title 31, United States
Code (originally enacted in the Anti-Deficiency Act).''.
SEC. 8. AVAILABILITY OF APPROPRIATIONS.
Section 4 of the United Nations Participation Act of 1945 (22
U.S.C. 2876), as amended by section 7, is further amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Availability of Appropriations.--(1) The authority to
obligate United States funds to carry out any action pursuant to a
United Nations Security Council resolution under chapter VI or VII of
the United Nations Charter may be exercised only to the extent and in
the amounts provided in appropriation Acts.
``(2) The President, acting through the United States Permanent
Representative to the United Nations, should advise the Security
Council of the requirement of this section on each occasion when the
United States supports a Security Council resolution that may result in
United States assessed contributions to the United Nations exceeding
amounts currently available to be obligated for that purpose.''.
SEC. 9. LIMITATION ON ASSESSMENT PERCENTAGE FOR PEACEKEEPING
ACTIVITIES.
Section 404(b)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236) is amended by adding at
the end the following new sentence: ``Any penalties, interest, or other
charges imposed on the United States in connection with such
contributions shall be credited as a part of the percentage limitation
contained in the preceding sentence.''. | Peace Powers Act of 1995 - Repeals the War Powers Resolution.
(Sec. 3) Requires the President, in every possible instance, to consult with the Congress before introducing the armed forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated and to consult regularly with the Congress until such forces are no longer engaged in such hostilities or have been removed from such situations.
(Sec. 4) Directs the President, in the absence of a declaration of war, to report to the Speaker of the House and the president of the Senate in any case in which the armed forces are introduced: (1) into hostilities or situations described above; (2) into the territory, airspace, or waters of a foreign nation while equipped for combat, with specified exceptions; or (3) in numbers which substantially enlarge armed forces equipped for combat already located in a foreign nation. Requires such report to set forth: (1) the circumstances necessitating such introduction; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the hostilities or involvement. Provides for continuing reports to the Congress as long as the armed forces are so engaged.
(Sec. 5) Amends the United Nations Participation Act to prohibit the President from subordinating any element of the armed forces participating in a United Nations peacekeeping activity to the command or operational control of any foreign nationals unless he submits specified documents to the designated congressional committees or the Congress enacts an Act or joint resolution authorizing such subordination. Lists as the specified documents determinations by the President that: (1) the proposed subordination is in the national security interest (along with a justification for such determination); (2) the unit commanders of the armed forces proposed for subordination will retain the ability to report independently to higher U.S. military authorities; (3) the United States will retain authority to withdraw the armed forces from the activity at any time and to take any action to protect such forces if endangered; (4) the armed forces will remain under U.S. administrative command for purposes of discipline and evaluation; and (5) the proposed foreign command arrangement does not violate the Constitution.
(Sec. 6) Requires the President to report to the appropriate congressional committees on the total amount of funds appropriated for national defense purposes after FY 1995 that were expended during the preceding fiscal year for United Nations peacekeeping activities. Permits the payment to the United Nations of the U.S. share of peacekeeping activities, beginning with FY 1996, only to the extent that such share exceeds the total amount appropriated for the preceding fiscal year reduced by the amount of any reimbursement or credit for U.S. support for peacekeeping.
(Sec. 7) Provides for notification to the Congress of proposed participation in, or expenditure of funds for, United Nations peacekeeping activities. | {"src": "billsum_train", "title": "Peace Powers Act of 1995"} | 2,566 | 635 | 0.759836 | 2.477196 | 0.702312 | 3.976744 | 4.189624 | 0.935599 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grassland Reserve Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Vast grassland once provided critical habitat for
complex plant and animal communities throughout much of North
America.
(2) Today, grassland areas have been largely converted to
other uses, threatening and eliminating plant and animal
communities unique to North America.
(3) A significant portion of the remaining grassland is on
working ranches.
(4) Ranchers have an economic interest in preserving the
remaining grassland as forage for their livestock.
(5) Many ranchers are also concerned about losing the open
spaces and ``big sky'' central to the ranching way of life.
(6) Apart from the loss of grassland, ranches themselves
have steadily disappeared through the years and are likely to
disappear at a faster rate in the immediate decade as a
generation of ranchers reach retirement age.
(7) Ranch land provides important open-space buffers for
animal and plant habitat.
(8) Ranching forms the economic backbone for much of the
rural area of the western United States.
(9) Currently, there are no Federal programs that conserve
grassland, ranch land, or other land with comparable high
resource value, other than wetland, on a national scale.
(10) A grassland reserve program would provide important
economic assistance to ranchers and other agricultural
producers who may be struggling financially and who may
voluntarily decide that participating in the program would be
to their advantage.
SEC. 3. GRASSLAND RESERVE PROGRAM.
Chapter 1 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3830 et seq.) is amended by adding at the end the
following new subchapter:
``Subchapter D--Grassland Reserve Program
``SEC. 1238. GRASSLAND RESERVE PROGRAM.
``(a) Establishment.--The Secretary, acting through the Natural
Resource Conservation Service, shall establish a grassland reserve
program (referred to in this subchapter as the `program') to assist
owners in restoring and conserving eligible land described in
subsection (c).
``(b) Enrollment Conditions.--
``(1) Maximum enrollment.--The total number of acres
enrolled in the program shall not exceed 1,000,000 acres.
``(2) Methods of enrollment.--The Secretary shall enroll in
the program for a willing owner not less than 100 contiguous
acres of land west of the 90th meridian or not less than 50
contiguous acres of land east of the 90th meridian through--
``(A) permanent easements or 30-year easements; or
``(B) in a State that imposes a maximum duration
for such an easement, an easement for the maximum
duration allowed under State law.
``(c) Eligible Land.--Land shall be eligible to be enrolled in the
program if the Secretary determines that the land is--
``(1) natural grass or shrubland;
``(2) land that--
``(A) is located in an area that has been
historically dominated by natural grass or shrubland;
and
``(B) has potential to serve as habitat for animal
or plant populations of significant ecological value if
the land is restored to natural grass or shrubland; or
``(3) land that is incidental to land described in
paragraph (1) or (2), if that incidental land is determined by
the Secretary to be necessary for the efficient administration
of the easement.
``SEC. 1238A. EASEMENTS AND AGREEMENTS.
``(a) Requirements of Landowner.--To be eligible to enroll land in
the program, the owner of the land shall--
``(1) grant an easement that runs with the land to the
Secretary;
``(2) create and record an appropriate deed restriction in
accordance with applicable State law to reflect the easement;
``(3) provide a written statement of consent to the
easement signed by persons holding a security interest or any
vested interest in the land;
``(4) provide proof of unencumbered title to the underlying
fee interest in the land that is the subject of the easement;
``(5) agree to comply with the terms of the easement and
related restoration agreements; and
``(6) agree to the permanent retirement of any existing
cropland base and allotment history for the land under any
program administered by the Secretary.
``(b) Terms of Easement.--An easement under subsection (a) shall--
``(1) permit--
``(A) common grazing practices on the land in a
manner that is consistent with maintaining the
viability of natural grass and shrub species indigenous
to that locality;
``(B) haying, mowing, or haying for seed
production, except that such uses shall not be
permitted until after the end of the nesting season for
birds in the local area which are in significant
decline or are conserved pursuant to State or Federal
law, as determined by the Natural Resources
Conservation Service State conservationist; and
``(C) construction of fire breaks and fences,
including placement of the posts necessary for fences;
``(2) prohibit--
``(A) the production of row-crops, fruit trees,
vineyards, or any other agricultural commodity that
requires breaking the soil surface; and
``(B) the conduct of any other activities that
would disturb the surface of the land covered by the
easement, including--
``(i) plowing; and
``(ii) disking; and
``(3) include such additional provisions as the Secretary
determines are appropriate to carry out or facilitate the
administration of this subchapter.
``(c) Ranking Easement Applications.--
``(1) Establishment of criteria.--The Secretary, in
conjunction with State technical committees, shall establish
criteria to evaluate and rank applications for easements under
this subchapter.
``(2) Emphasis.--In establishing the criteria, the
Secretary shall emphasize support for native grass and
shrubland, grazing operations, and plant and animal
biodiversity.
``(d) Restoration Agreements.--The Secretary shall prescribe the
terms by which grassland that is subject to an easement under the
program shall be restored. The agreement shall include duties of the
land owner and the Secretary, including the Federal share of
restoration payments and technical assistance.
``(e) Violations.--
``(1) In general.--On the violation of the terms or
conditions of an easement or restoration agreement entered into
under this section--
``(A) the easement shall remain in force; and
``(B) the Secretary may require the owner to refund
all or part of any payments received by the owner under
this subchapter, with interest on the payments as
determined appropriate by the Secretary.
``(2) Periodic inspections.--The Secretary shall conduct
periodic inspections of land subject to easements under this
subchapter to ensure that the terms of the easements and
restoration agreements are being met, after providing the
landowner adequate notice of inspections. The Secretary may not
prohibit the landowner or a representative of the landowner
from being present during inspections.
``SEC. 1238B. DUTIES OF SECRETARY.
``(a) In General.--In return for the granting of an easement by an
owner under this subchapter, the Secretary shall make easement payments
and payments of the Federal share of restoration and provide technical
assistance to the owner in accordance with this section.
``(b) Easement Payments.--
``(1) In general.--In return for the granting of an
easement by an owner under this subchapter, the Secretary shall
make easement payments to the owner in an amount equal to--
``(A) in the case of a permanent easement, the fair
market value of the land less the grazing value of the
land encumbered by the easement; and
``(B) in the case of a 30-year easement or an
easement for the maximum duration allowed under
applicable State law, 30 percent of the fair market
value of the land less the grazing value of the land
for the period that the land is encumbered by the
easement.
``(2) Payment schedule.--Easement payments may be provided
in not less than one payment nor more than 10 annual payments
of equal or unequal amount, as agreed to by the Secretary and
the owner.
``(c) Federal Share of Restoration.--The Secretary shall make
payments to the owner of not more than 75 percent of the costs of
carrying out measures and practices necessary to restore grassland
functions and values.
``(d) Technical Assistance.--
``(1) In general.--The Secretary shall provide owners with
technical assistance to execute easement documents and restore
the grassland.
``(2) Reimbursement by commodity credit corporation.--The
Commodity Credit Corporation shall reimburse the Secretary,
acting through the Natural Resources Conservation Service, for not more
than 10 percent of the cost of acquisition of easement and the Federal
share of the restoration payments obligated for that fiscal year.
``(e) Payments to Others.--If an owner who is entitled to a payment
under this subchapter dies, becomes incompetent, is otherwise unable to
receive the payment, or is succeeded by another person who renders or
completes the required performance, the Secretary shall make the
payment, in accordance with regulations promulgated by the Secretary
and without regard to any other provision of law, in such manner as the
Secretary determines is fair and reasonable in light of all the
circumstances.
``(f) Other Payments.--Easement payments received by an owner under
this subchapter shall be in addition to, and not affect, the total
amount of payments that the owner is otherwise eligible to receive
under other Federal laws.
``SEC. 1238C. ADMINISTRATION.
``(a) Delegation to Private Organizations or State Agencies.--
``(1) In general.--The Secretary shall permit a private
conservation or land trust organization or a State agency to
hold and enforce an easement under this subchapter, in lieu of
the Secretary, if--
``(A) the Secretary determines that granting such
permission is likely to promote grassland conservation;
and
``(B) the landowner agrees to allow the private
conservation or land trust organization or a State
agency to hold and enforce the easement.
``(2) Application.--An organization that desires to hold an
easement under this subchapter shall apply to the Secretary for
approval.
``(3) Approval by secretary.--The Secretary shall approve
an organization under this subchapter that is constituted for
conservation or ranching purposes and is competent to
administer grassland easements.
``(4) Reassignment.--If an organization holding an easement
on land under this subchapter terminates--
``(A) the owner of the land shall reassign the
easement to another organization described in paragraph
(1) or to the Secretary; and
``(B) the owner and the new organization shall
notify the Secretary in writing that a reassignment for
termination has been made.
``(b) Regulations.--Not later than 180 days after the date of
enactment of this subchapter, the Secretary shall issue such
regulations as are necessary to carry out this subchapter.''.
SEC. 4. FUNDING.
Section 1241(a)(2) of the Food Security Act of 1985 (16 U.S.C.
3841(a)(2)) is amended by striking ``subchapter C'' and inserting
``subchapters C and D''. | Grassland Reserve Act - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to establish a grassland reserve program for land that is or has historically been natural grass or shrubland and has significant potential for animal or plant restoration.Sets forth provisions respecting landowner easement payments and permitted and prohibited practices. | {"src": "billsum_train", "title": "To amend the Food Security Act of 1985, to establish a grassland reserve program to assist owners in restoring and conserving grassland."} | 2,634 | 76 | 0.509371 | 1.258655 | 0.826059 | 2.189655 | 40.551724 | 0.87931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Partners Neighborhood
Preservation Act of 2001''.
SEC. 2. COMMUNITY PARTNERS NEXT DOOR PROGRAM.
(a) Congressional Findings.--The Congress finds that--
(1) teachers, law enforcement officers, fire fighters, and
rescue personnel help form the backbones of communities and are
integral components in the social capital of neighborhoods in
the United States; and
(2) providing a discounted purchase price on HUD-owned
properties for teachers, law enforcement officers, fire
fighters, and rescue personnel recognizes the intrinsic value
of the services provided by such employees to their communities
and to family life and encourages and rewards those who are
dedicated to providing public service in our most needy
communities.
(b) Discount and Downpayment Assistance for Teachers.--Section
204(h) of the National Housing Act (12 U.S.C. 1710(h)) is amended--
(1) by redesignating paragraphs (7) through (10) as
paragraphs (8) through (11), respectively; and
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) 50 percent discount for teachers and public safety
officers purchasing properties that are eligible assets.--
``(A) Discount.--A property that is an eligible
asset and is sold, during fiscal years 2000 through
2004, to a teacher or public safety officer for use in
accordance with subparagraph (B) shall be sold at a
price that is equal to 50 percent of the appraised
value of the eligible property (as determined in
accordance with paragraph (6)(B)). In the case of a
property eligible for both a discount under this
paragraph and a discount under paragraph (6), the
discount under paragraph (6) shall not apply.
``(B) Primary residence.--An eligible property sold
pursuant to a discount under this paragraph shall be
used, for not less than the 3-year period beginning
upon such sale, as the primary residence of a teacher
or public safety officer.
``(C) Sale methods.--The Secretary may sell an
eligible property pursuant to a discount under this
paragraph--
``(i) to a unit of general local government
or nonprofit organization (pursuant to
paragraph (4) or otherwise), for resale or
transfer to a teacher or public safety officer;
or
``(ii) directly to a purchaser who is a
teacher or public safety officer.
``(D) Resale.--In the case of any purchase by a
unit of general local government or nonprofit
organization of an eligible property sold at a
discounted price under this paragraph, the sale
agreement under paragraph (8) shall--
``(i) require the purchasing unit of
general local government or nonprofit
organization to provide the full benefit of the
discount to the teacher or public safety
officer obtaining the property; and
``(ii) in the case of a purchase involving
multiple eligible assets, any of which is such
an eligible property, designate the specific
eligible property or properties to be subject
to the requirements of subparagraph (B).
``(E) Mortgage downpayment assistance.--If a
teacher or public safety officer purchases an eligible
property pursuant to a discounted sale price under this
paragraph and finances such purchase through a mortgage
insured under this title, notwithstanding any provision
of section 203 the downpayment on such mortgage shall
be $100.
``(F) Prevention of undue profit.--The Secretary
shall issue regulations to prevent undue profit from
the resale of eligible properties in violation of the
requirement under subparagraph (B).
``(G) Definitions.--For the purposes of this
paragraph, the following definitions shall apply:
``(i) The terms `elementary school' and
`secondary school' have the meanings given such
terms in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
8801), except that, for purposes of this
paragraph, elementary education (as used in
such section) shall include pre-Kindergarten
education.
``(ii) The term `eligible property' means
an eligible asset described in paragraph (2)(A)
of this subsection.
``(iii) The term `public safety officer'
means an individual who is employed on a full-
time basis as a public safety officer, as such
term is defined in section 1204 of the Omnibus
Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796b).
``(iv) The term `teacher' means an
individual who is employed on a full-time
basis, in an elementary or secondary school, as
a State-certified or State-licensed classroom
teacher or as an administrator.''.
(c) Conforming Amendments.--Section 204(h) of the National Housing
Act (12 U.S.C. 1710(h)) is amended--
(1) in paragraph (4)(B)(ii), by striking ``paragraph (7)''
and inserting ``paragraph (8)'';
(2) in paragraph (5)(B)(i), by striking ``paragraph (7)''
and inserting ``paragraph (8)''; and
(3) in paragraph (6)(A), by striking ``paragraph (8)'' and
inserting ``paragraph (9)''.
(d) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall issue regulations to
implement the amendments made by this section.
SEC. 3. SENSE OF CONGRESS REGARDING INCLUSION OF OTHER FEDERAL
PROPERTIES IN COMMUNITY PARTNERS NEXT DOOR PROGRAM.
It is the sense of the Congress that the Secretary of Housing and
Urban Development should consult with the heads of other agencies of
the Federal Government that own or hold properties appropriate for use
as housing to determine the possibility and effectiveness of including
such properties in the program pursuant to section 204(h)(7) of the
National Housing Act, and other programs that make housing available
for law enforcement officers, teachers, or fire fighters. | Community Partners Neighborhood Preservation Act of 2001 - Amends the National Housing Act (NHA) to provide a 50 percent discount for teachers and public safety officers purchasing certain eligible asset properties for use as their primary residences.Expresses the sense of Congress that the Secretary of Housing and Urban Development should consult with other heads of Federal agencies that own or hold properties appropriate for use as housing to determine whether to include such properties in the Community Partners Next Door program under NHA and other programs that make housing available for law enforcement officers, teachers, or fire fighters. | {"src": "billsum_train", "title": "To expand the Officer Next Door and Teacher Next Door initiatives of the Department of Housing and Urban Development to include fire fighters and rescue personnel, and for other purposes."} | 1,368 | 117 | 0.556221 | 1.526792 | 0.6141 | 4.971429 | 11.67619 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Cooperation with States
and Local Governments and Preventing the Catch and Release of Criminal
Aliens Act of 2015''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Criminal alien.--The term ``criminal alien'' means any
alien who--
(A) was arrested, charged, or convicted of an
offense described in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43));
(B) is described in paragraph (2), (3), (9)(A),
(9)(C)(i)(II), or (10)(C) of section 212(a) of such Act
(8 U.S.C. 1182(a));
(C) is removable under paragraph (2) or (4) of
section 237(a) of such Act (8 U.S.C. 1227(a));
(D) is described in section 276 of such Act (8
U.S.C. 1326); or
(E) was arrested, charged, or convicted of any
felony or misdemeanor offense relating to driving under
the influence of alcohol or drugs.
(2) Sanctuary jurisdiction.--The term ``sanctuary
jurisdiction'' means a State or a political subdivision of a
State that has in effect a statute, policy, or practice that
prohibits law enforcement officers of the State, or of the
political subdivision, from assisting or cooperating with
Federal immigration law enforcement in the course of carrying
out the officers' routine law enforcement duties.
SEC. 3. LIMITS ON FEDERAL FUNDING FOR STATE AND LOCAL JURISDICTIONS.
(a) In General.--A jurisdiction may not receive any of the funding
described in subsection (b) if the jurisdiction does not cooperate with
Federal officials with respect to criminal aliens or other aliens
deemed to be a priority for removal by the Secretary of Homeland
Security, including by refusing--
(1) to detain or transfer custody of such aliens pursuant
to detainers placed upon such aliens; or
(2) to notify a Federal law enforcement agency, upon
request, of the release of such aliens.
(b) Restricted Funding.--The funding described in this subsection
consists of--
(1) any of the funds that would otherwise be allocated to
the State or political subdivision under section 241(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i));
(2) any grant funding authorized under the Second Chance
Act of 2007 (Public Law 110-199); and
(3) any other law enforcement related grants or contracts
awarded by the Department of Homeland Security or Department of
Justice, which may be designated by the relevant Secretary or
the Attorney General.
(c) Termination of Ineligibility.--A jurisdiction shall become
eligible to receive funds, grants, or contracts described in subsection
(b) after the Secretary of Homeland Security, in consultation with the
Attorney General, certifies that--
(1) the jurisdiction no longer fails to cooperate with
Federal officials regarding detentions, transfers, and
notifications described in subsection (a); and
(2) the statute, policy, or practice of that State or
political subdivision prohibiting law enforcement officers from
assisting or cooperating with Federal immigration law
enforcement with respect to criminal aliens has been repealed,
rescinded, or terminated.
(d) Reallocation.--Any funds that are withheld from a jurisdiction
pursuant to this section shall be reallocated by the Secretary of
Homeland Security or by the Attorney General, in consultation with each
other, equally among--
(1) States and political subdivisions of States, which--
(A) cooperate with Federal officials regarding the
detentions, transfers, and notifications described
subsection (a); and
(B) submit an application to the appropriate
Department for such unobligated funds; and
(2) any statutorily authorized Federal grant program
designed to protect victims of violence.
SEC. 4. TRANSPARENCY AND ACCOUNTABILITY.
(a) Annual Publication.--Not later than 60 days after the date of
the enactment of this Act and annually thereafter, the Secretary of
Homeland Security and the Attorney General shall jointly publish, on
the websites of their respective departments--
(1) a list of sanctuary jurisdictions; and
(2) a list of jurisdictions that do not grant Federal
immigration law enforcement officers regular access to jails or
detention facilities.
(b) Public Disclosure of Detainers or Requests for Notification.--
Not later than 60 days after the date of the enactment of this Act, and
quarterly thereafter, the Secretary of Homeland Security shall publish,
on the website of the Department of Homeland Security--
(1) the total number of detainers and requests for
notification of the release of any alien that has been issued
to each State or political subdivision; and
(2) the number of such detainers, and requests for
notification that have been ignored or otherwise not honored.
SEC. 5. INCREASE IN PENALTY FOR REENTRY BY REMOVED ALIEN.
Section 276(a) of the Immigration and Nationality Act (8 U.S.C.
1326(a)) is amended, in the undesignated matter following paragraph
(2)(B), by striking ``shall be fined under title 18, United States
Code, or imprisoned not more than 2 years, or both'' and inserting
``shall be imprisoned for not less than 5 years and may also be fined
under title 18, United States Code''.
SEC. 6. SAVINGS PROVISIONS.
Nothing in this Act may be construed--
(1) to require law enforcement officials of a State or a
political subdivision of a State to report or arrest victims or
witnesses of a criminal offense; or
(2) to limit the ability of State and local law enforcement
to cooperate with Federal immigration law enforcement with
regard to aliens who are not criminal aliens. | Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015 This bill prohibits a jurisdiction from receiving any of the funding specified in this Act if it does not cooperate with federal officials regarding criminal aliens or other aliens deemed to be a removal priority by the Department of Homeland Security (DHS), including by refusing to: (1) detain or transfer custody of such aliens pursuant to detainers placed upon them; or (2) notify a federal law enforcement agency, upon request, of their release. Such funding consists of: incarceration reimbursement funds under the Immigration and Nationality Act, grant funding under the Second Chance Act of 2007, and any other law enforcement related grants or contracts awarded by DHS or the Department of Justice (DOJ). A jurisdiction shall become eligible to receive such funds, grants, or contracts after DHS certifies that: the jurisdiction no longer fails to cooperate with federal officials regarding detentions, transfers, and notifications; and the statute, policy, or practice of that state or local government prohibiting law enforcement officers from assisting or cooperating with federal immigration law enforcement regarding criminal aliens has been repealed, rescinded, or terminated. Withheld funds shall be reallocated equally among: states and local governments which cooperate with federal officials regarding detentions, transfers, and notifications, and apply to the appropriate Department for such funds; and any statutorily authorized federal grant program designed to protect victims of violence. DHS and DOJ shall publish jointly on their websites: (1) a list of sanctuary jurisdictions, and (2) a list of jurisdictions that do not grant federal immigration law enforcement officers regular access to jails or detention facilities. The Immigration and Nationality Act is amended to increase the penalty for reentry by a removed alien. Nothing in this Act may be construed to: (1) require law enforcement officials of a state or a local government to report or arrest victims or witnesses of a criminal offense, or (2) limit the ability of state and local law enforcement to cooperate with federal immigration law enforcement with regard to aliens who are not criminal aliens. | {"src": "billsum_train", "title": "Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015"} | 1,309 | 463 | 0.597677 | 1.911262 | 0.904171 | 4.997585 | 2.809179 | 0.925121 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm Fairness Act of 1995''.
SEC. 2. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) is amended by striking paragraphs (1) through (3) and
inserting the following:
``(1)(A) Subject to sections 1001A through 1001C, for each of the
1996 and subsequent crops, the total amount of payments specified in
subparagraph (B) that a person shall be entitled to receive under 1 or
more of the annual programs established under the Agricultural Act of
1949 (7 U.S.C. 1421 et seq.) for wheat, feed grains, upland cotton,
extra long staple cotton, rice, and oilseeds may not exceed $35,000.
``(B) In subparagraph (A), the term `payments' means--
``(i) deficiency payments;
``(ii) land diversion payments;
``(iii) any part of any payment that is determined by the
Secretary of Agriculture to represent compensation for resource
adjustment or public access for recreation;
``(iv) any gain realized by a producer from repaying a loan
for a crop of any commodity (other than honey) at a lower level
than the original loan level established under the Agricultural
Act of 1949;
``(v) any deficiency payment received for a crop of wheat
or feed grains under the Agricultural Act of 1949 as the result
of a reduction of the loan level for the crop under the Act;
``(vi) any loan deficiency payment received for a crop of
wheat, feed grains, upland cotton, rice, or oilseeds under the
Agricultural Act of 1949; and
``(vii) any inventory reduction payment received for a crop
of wheat, feed grains, upland cotton, or rice under the
Agricultural Act of 1949.
``(2) In applying the limitation specified in paragraph (1)(A) to
payments specified in paragraph (1)(B):
``(A) The Secretary shall attribute the payments directly
to persons who receive the payments.
``(B) In the case of payments that are received by an
entity, the Secretary shall attribute the payments to
individuals who own the entity in proportion to the ownership
interest of the individuals in the entity.''.
SEC. 3. DEFINITION OF PERSON.
Section 1001(5)(B)(i)(II) of the Food Security Act of 1985 (7
U.S.C. 1308(5)(B)(i)(II)) is amended by inserting ``general
partnership, joint venture,'' after ``limited partnership,''.
SEC. 4. REMOVAL OF 3-ENTITY RULE.
Subsection (a) of section 1001A of the Food Security Act of 1985 (7
U.S.C. 1308-1) is amended to read as follows:
``(a) Prevention of Creation of Entities to Qualify as Separate
Persons.--The Secretary shall attribute payments specified in section
1001(1)(B) to persons in accordance with section 1001(2).''.
SEC. 5. ACTIVELY ENGAGED IN FARMING.
(a) Personal Labor and Active Personal Management.--
(1) Individuals.--Section 1001A(b)(2)(A)(i) of the Food
Security Act of 1985 (7 U.S.C. 1308-1(b)(2)(A)(i)) is amended
by striking subclause (II) and inserting the following:
``(II) personal labor and active
personal management;''.
(2) Corporations or other entities.--Section 1001A(b)(2)(B)
of the Act is amended to read as follows:
``(B) Corporations or other entities.--
``(i) Significant contribution.--A
corporation or other entity shall be considered
as actively engaged in farming with respect to
a farming operation if--
``(I) the entity separately makes a
significant contribution (based on the
total value of the farming operation)
of capital, equipment, or land;
``(II) stockholders or members who
individually or collectively own at
least a 50 percent interest in the
operation make a significant
contribution of personal labor and
active personal management to the
operation; and
``(III) the standards provided in
clauses (ii) and (iii) of subparagraph
(A), as applied to the entity, are met
by the entity.
``(ii) No significant contribution.--
Notwithstanding clause (i), if the stockholders
or members who are not described in clause
(i)(II) do not individually or collectively
make a significant contribution of personal
labor or active personal management to the operation, the payments to
the entity shall be reduced by a percentage equal to the percentage
ownership in the entity of the members.
``(iii) Transition rule.--A family farm
corporation shall meet the requirements of
clause (i)(II) during the 10-year period
beginning on October 1, 1996, if--
``(I) the corporation met the
requirements of this subparagraph (as
in effect prior to the amendment made
by section 5(a)(2) of the Farm Fairness
Act of 1995) during at least the 5-year
period ending on the date of enactment
of the Act;
``(II) the corporation ceases as a
result of the death, disability, or
retirement of a stockholder or member
of the corporation to meet the
requirements of clause (i)(II); and
``(III) stockholders or members who
individually or collectively own at
least a 10 percent interest in the
operation make a significant
contribution of personal labor and
active personal management to the
operation.''.
(3) Entities making significant contributions.--Section
1001A(b)(2) of the Act is amended--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraph (D) as
subparagraph (C).
(4) Family members.--The first sentence of section
1001A(b)(3)(B) of the Act is amended by striking ``active
personal management or personal labor'' and inserting ``active
personal management and personal labor''.
(b) Landowners.--Section 1001A(b)(3)(A) of the Act is amended to
read as follows:
``(A) Landowners.--A person that is a landowner
contributing the owned land to the farming operation,
if the person demonstrates to the satisfaction of the
Secretary that the person--
``(i) receives rent for the use of the land
based on the production of the land or the
operating results of the operation;
``(ii) rents the land only to persons who
are considered actively engaged in farming
under this section; and
``(iii) meets the standards provided in
clauses (ii) and (iii) of paragraph (2)(A).''.
(c) Definitions.--Section 1001A(b) of the Act is amended by adding
at the end the following:
``(7) Definitions.--In this subsection and section
1001(5)(D) (7 U.S.C. 1308(5)(D)):
``(A) Active personal management.--The term `active
personal management' means personally providing, on a
daily basis as required during the entire growing
season for a crop--
``(i) direct supervision and direction of
activities and labor involved in a farming
operation; or
``(ii) on-site services that are directly
related and necessary to a farming operation.
``(B) Capital.--The term `capital' does not include
any payment described in paragraph (1) or (2) of
section 1001 (7 U.S.C. 1308). The Secretary shall
establish procedures to ensure that the term is applied
in a manner that does not include any such payment.
``(C) Significant contribution.--The term
`significant contribution' means--
``(i) in the case of land, capital, or
equipment contributed by a person to an
operation, a percentage of the land, capital,
or equipment, respectively, to the operation
that is at least equal to the percentage
interest of the person in the operation; and
``(ii) in the case of personal labor and
personal active management contributed by a
person to an operation, at least 1,000 hours
annually or 50 percent of the commensurate
share, whichever is less.''.
(d) Conforming Amendments.--Section 1001(5) of the Act (7 U.S.C.
1308(5)) is amended--
(1) by striking subparagraph (D); and
(2) by redesignating subparagraph (E) as subparagraph (D).
SEC. 6. SCHEMES OR DEVICES.
Section 1001B of the Food Security Act of 1985 (7 U.S.C. 1308-2) is
amended by striking ``applicable to'' and all that follows through
``succeeding crop year'' and inserting ``applicable to--
``(1) the crop year for which the scheme or device was
adopted and the succeeding 5 crop years; and
``(2) if fraud was committed in connection with a scheme or
device involving a price support, production adjustment, or
conservation program administered by the Secretary of
Agriculture, the crop year for which the scheme or device was
adopted and the succeeding 10 crop years''.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall become effective
on October 1, 1996. | Farm Fairness Act of 1995 - Amends the Food Security Act of 1985 to establish a $35,000 annual agricultural commodity program payment limit (exclusive of conservation payments). Applies such limit directly to a person based upon percentage of ownership in any related entity.
Subjects general partnerships and joint ventures to such limit.
Attributes payments to an entity to the owning person or persons (elimination of three entity rule).
Revises "actively engaged in farming" eligibility provisions.
Increases program ineligibility penalties for scheme or device violations. | {"src": "billsum_train", "title": "Farm Fairness Act of 1995"} | 2,158 | 119 | 0.448361 | 1.154093 | 0.576917 | 1.627451 | 18.460784 | 0.764706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campus Fire Safety Right to Know
Act''.
SEC. 2. DISCLOSURE OF FIRE SAFETY STANDARDS AND MEASURES WITH RESPECT
TO CAMPUS BUILDINGS.
Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is
amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end of subparagraph
(N);
(B) by striking the period at the end of
subparagraph (O) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(P) the fire safety report prepared by the institution
pursuant to subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Disclosure of Fire Safety Standards and Measures.--
``(1) Fire safety reports required.--Each eligible
institution participating in any program under this title
shall, beginning in academic year 2002-2003, and each academic
year thereafter, prepare, publish, and distribute, through
appropriate publications, including the Internet, or mailings,
to all current students and employees, and upon request to any
applicant for enrollment or employment, an annual fire safety
report containing at least the following information with
respect to the campus fire safety practices and standards of
that institution:
``(A) A statement that identifies each student
housing facility of the institution, and whether each
such facility is equipped with a fire sprinkler system
or another equally protective fire safety system.
``(B) Statistics concerning the occurrence on
campus, during the 2 preceding academic years for which
data are available, of fires and false fire alarms.
``(C) For each such occurrence, a statement of the
human injuries or deaths and the structural damage
caused by the occurrence.
``(D) Information regarding fire alarms, smoke
alarms, the presence of adequate fire escape planning
or protocols, rules on portable electrical appliances,
smoking and open flames (such as candles), regular
mandatory supervised fire drills, and planned and
future improvement in fire safety.
``(E) Information about fire safety education and
training provided to students, faculty, and staff,
including the percentage of students, faculty, and
staff who have participated in such education and
training.
``(F) Information concerning fire safety at student
fraternities and sororities that are recognized by the
institution, including--
``(i) information reported to the
institution under paragraph (5); and
``(ii) a statement concerning whether and
how the institution works with recognized
student fraternities and sororities to make
buildings and property owned or controlled by
such fraternities or sororities more fire safe.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Secretary to require
particular policies, procedures, or practices by institutions
of higher education with respect to fire safety.
``(3) Reports.--Each institution participating in any
program under this title shall make timely reports to the
campus community on fires that are reported to local fire
departments and the incidence of false fire alarms on campus.
Such reports shall be provided to students and employees in a
manner that is timely and that will aid in the prevention of
similar occurrences.
``(4) Logs.--Each institution participating in any program
under this title shall make, keep, and maintain a log, written
in a form that can be easily understood, recording all fires
reported to local fire departments, including the nature, date,
time, and general location of each fire, and all false fire
alarms. All entries that are required pursuant to this
paragraph shall, except where disclosure of such information is
prohibited by law, be open to public inspection.
``(5) Fraternities and sororities.--Each institution
participating in a program under this title shall request each
fraternity and sorority that is recognized by the institution
to collect and report to the institution the information
described in subparagraphs (A) through (E) of paragraph (1), as
applied to the fraternity or sorority, for each building and
property owned or controlled by the fraternity or sorority,
respectively.
``(6) Reports to secretary.--On an annual basis, each
institution participating in any program under this title shall
submit to the Secretary a copy of the statistics required to be
made available under paragraph (1)(B). The Secretary shall--
``(A) review such statistics;
``(B) make copies of the statistics submitted to
the Secretary available to the public; and
``(C) in coordination with representatives of
institutions of higher education, identify exemplary
fire safety policies, procedures, and practices and
disseminate information concerning those policies,
procedures, and practices that have proven effective in
the reduction of campus fires.
``(7) Definition of campus.--In this subsection, the term
`campus' means--
``(A) any building or property owned or controlled
by an institution of higher education within the same
reasonably contiguous geographic area of the
institution and used by the institution in direct
support of, or in a manner related to, the
institution's educational purposes, including residence
halls; and
``(B) property within the same reasonably
contiguous geographic area of the institution that is
owned by the institution but controlled by another
person, is used by students, and supports institutional
purposes (such as a food or other retail vendor).''.
SEC. 3. REPORT TO CONGRESS BY SECRETARY OF EDUCATION.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Education shall prepare and submit to Congress a report
containing--
(1) an analysis of the current status of fire safety
systems in college and university facilities, including
sprinkler systems;
(2) an analysis of the appropriate fire safety standards to
apply to these facilities, which the Secretary shall prepare
after consultation with such fire safety experts,
representatives of institutions of higher education, and other
Federal agencies as the Secretary, in the Secretary's
discretion, considers appropriate;
(3) an estimate of the cost of bringing all nonconforming
dormitories and other campus buildings up to current new
building codes or life safety codes; and
(4) recommendations from the Secretary concerning the best
means of meeting fire safety standards in all college and
university facilities, including recommendations for methods to
fund such cost. | Campus Fire Safety Right to Know Act - Amends the Higher Education Act of 1965 to require each eligible institution participating in any program under title IV (Student Assistance) to: (1) prepare, publish, and distribute to all current students and employees, and to any applicant for enrollment or employment upon request, an annual fire safety report which discloses specified types of information about that institution's campus fire safety standards and practices; (2) make periodic reports to the campus community on fires and false alarms that are reported to local fire departments, to aid in preventing similar occurrences; and (3) submit annually to the Secretary of Education a copy of statistics on campus occurrences of fires and false fire alarms.Directs the Secretary to: (1) review such statistics; (2) make copies available to the public; (3) identify exemplary fire safety policies, procedures, and practices, and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus fires; and (4) report to Congress analyses of the current status of fire safety systems in college and university facilities, and of the appropriate fire safety standards to apply to these facilities, as well as cost estimates and recommendations. | {"src": "billsum_train", "title": "A bill to provide for disclosure of fire safety standards and measures with respect to campus buildings, and for other purposes."} | 1,402 | 250 | 0.634646 | 1.796282 | 0.855822 | 4.172269 | 5.689076 | 0.945378 |
SECTION 1. ESTABLISHMENT OF 2 DISTRICTS IN NEW JERSEY.
(a) Establishment.--
(1) Creation.--Section 110 of title 28, United States Code,
is amended to read as follows:
``Sec. 110. New Jersey
``New Jersey is divided into 2 judicial districts to be known as
the Northern and Southern Districts of New Jersey.
``Northern District
``(a) The Northern District comprises the counties of Bergen,
Essex, Hudson, Middlesex, Morris, Passaic, Sussex, and Union.
``Court for the Northern District shall be held at Newark.
``Southern District
``(b) The Southern District comprises the counties of Atlantic,
Burlington, Camden, Cape May, Cumberland, Gloucester, Hunterdon,
Mercer, Monmouth, Ocean, Salem, Somerset, and Warren.
``Court for the Southern District shall be held at Camden and
Trenton.''.
(2) Judgeships.--The item relating to New Jersey in the
table set forth in section 133(a) of title 28, United States
Code, is amended to read as follows:
``New Jersey:
``Northern............................................. 10
``Southern............................................. 7''.
(3) Bankruptcy judgeships.--The item relating to New Jersey
in the table set forth in section 152(a)(1) of title 28, United
States Code, is amended to read as follows:
``New Jersey:
``Northern............................................. 4
``Southern............................................. 4''.
(b) District Judges, Bankruptcy Judges, Magistrate Judges, United
States Attorney, United States Marshal, and Federal Public Defender.--
(1) Transfer of district judges.--(A) Any district judge of
the District Court of New Jersey who is holding office on the
day before the effective date of this Act and whose official
duty station is in Bergen, Essex, Hudson, Middlesex, Morris,
Passaic, Sussex, or Union County shall, on and after such
effective date, be a district judge for the Northern District
of New Jersey. Any district judge of the District Court of New
Jersey who is holding office on the day before the effective
date of this Act and whose official duty station is in
Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester,
Hunterdon, Mercer, Monmouth, Ocean, Salem, Somerset, or Warren
County shall, on and after such effective date, be a district
judge of the Southern District of New Jersey.
(B) Whenever a vacancy occurs in a judgeship in either
judicial district of New Jersey, the vacancy shall first be
offered to those judges appointed before the enactment of this
Act and in active service in the other judicial district of New
Jersey at the time of the vacancy, and of those judges wishing
to fill the vacancy, the judge most senior in service shall
fill that vacancy. In such a case, the President shall appoint
a judge to fill the vacancy resulting in the district of New
Jersey from which such judge left office.
(2) Transfer of bankruptcy and magistrate judges.--Any
bankruptcy judge or magistrate judge of the District Court of
New Jersey who is holding office on the day before the
effective date of this Act and whose official duty station is
in Bergen, Essex, Hudson, Middlesex, Morris, Passaic, Sussex,
or Union County shall, on and after such effective date, be a
bankruptcy judge or magistrate judge, as the case may be, for
the Northern District of New Jersey. Any bankruptcy judge or
magistrate judge of the District Court of New Jersey who is
holding office on the day before the effective date of this Act
and whose official duty station is in Atlantic, Burlington,
Camden, Cape May, Cumberland, Gloucester, Hunterdon, Mercer,
Monmouth, Ocean, Salem, Somerset, or Warren County shall, on
and after such effective date, be a bankruptcy judge or
magistrate judge, as the case may be, of the Southern District
of New Jersey.
(3) United states attorney, united states marshal, and
federal public defender.--
(A) Those in office.--This section and the
amendments made by this section shall not affect the
tenure of office of the United States attorney, the
United States marshal, and the Federal Public Defender,
for the District of New Jersey who are in office on the
effective date of this Act, except that such
individuals shall be the United States attorney, the
United States marshal, and the Federal Public Defender,
respectively, for the Northern District of New Jersey
as of such effective date.
(B) Appointments.--The President shall appoint, by
and with the advice and consent of the Senate, a United
States attorney and a United States marshal for the
Southern District of New Jersey. The Court of Appeals
for the Third Circuit shall appoint a Federal Public
Defender for the Southern District of New Jersey.
(4) Pending cases not affected.--This section and the
amendments made by this section shall not affect any action
commenced before the effective date of this Act and pending in
the United States District Court for the District of New Jersey
on such date.
(5) Juries not affected.--This section and the amendments
made by this section shall not affect the composition, or
preclude the service, of any grand or petit jury summoned,
empaneled, or actually serving in the Judicial District of New
Jersey on the effective date of this Act.
SEC. 2. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
take effect 180 days after the date of the enactment of this Act.
(b) Appointments.--Notwithstanding subsection (a)--
(1) the President may make the appointments under section
1(b)(3)(B), and
(2) the Court of Appeals for the Third Circuit may make the
appointment under section 1(b)(3)(B),
at any time after the date of the enactment of this Act.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act,
including such sums as may be necessary for facilities for the District
Court for the Southern District of New Jersey. | Amends the federal judicial code to establish two judicial districts in New Jersey (currently, one), the Northern and Southern Districts of New Jersey. Sets forth provisions regarding the allocation of judgeships, including bankruptcy judgeships, among those districts. Provides for the transfer of district judges, bankruptcy judges, and magistrate judges to the Northern and Southern Districts of New Jersey. Transfers U.S. attorneys, U.S. marshals, and federal public defenders for the District of New Jersey to the Northern District of New Jersey. Directs the President to appoint, by and with the advice of the Senate, a U.S. attorney and a U.S. marshal for the Southern District of New Jersey. Specifies that neither pending cases nor juries shall be affected. | {"src": "billsum_train", "title": "To amend title 28, United States Code, to divide New Jersey in 2 judicial districts."} | 1,417 | 177 | 0.562613 | 1.461723 | 0.741472 | 3.444444 | 9.362963 | 0.807407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Priorities Act of
2003''.
SEC. 2. RECAPTURE OF SAVINGS FROM RETAIL ELECTRICITY COMPETITION.
(a) Effective Date.--This Act shall take effect for a consumer
sector in any State on January 1 of the first year after all State
regulated electric utilities and all nonregulated electric utilities in
that State have been determined by the Secretary of Energy to have
established retail electric service choice for customers in that
sector, but not earlier than January 1, 2004. The Secretary shall
annually review the laws and regulations of each State relating to
retail electric service regulation and make such determinations on
January 1, 2004, and January 1 of each year thereafter.
(b) 10 Percent of Consumer Savings.--For each State, on December 31
of the first full calendar year following the effective date of this
Act for any consumer sector in the State, and on December 31 of each
subsequent calendar year, each provider of retail electric services in
the State shall contribute to the fiscal agent for the Environmental
Priorities Board established under section 2 an amount equal to 10
percent of the total consumer savings for that sector for that calendar
year.
(c) Definitions.--For purposes of this section:
(1) Consumer savings.--For any provider of retail electric
services in a State, for any consumer sector in the State, the
term ``consumer savings'' means, for any calendar year, the
amount (if any) by which the potential rate for electric energy
provided by that provider to that sector exceeds the current
rate for that sector, multiplied by that sector's total
consumption (in kilowatt-hours) during that calendar year.
(2) Current rate.--For any provider of retail electric
services in a State, for any consumer sector in the State, the
term ``current rate'' means, for the 12 months following the
effective date of this Act for that sector in that State, the
average kilowatt-hour rate paid by customers of the provider in
that consumer sector in that State, as calculated by the
provider and recalculated annually.
(3) Potential rate.--
(A) General rule.--For any provider of retail
electric services in a State, for any consumer sector
in the State, the term ``potential rate'' means, for
each calendar year following the effective date of this
act for that sector in that State, the average
kilowatt-hour rate paid by the provider's customers in
that sector during the 12-month period preceding the
date on which retail electric service choice for
customers in that sector was established, adjusted for
inflation. The adjustment for inflation shall be made
using a methodology to be determined by the Secretary
of Energy. The Secretary of Energy shall recalculate
the potential rate annually to adjust it for inflation.
(B) Special rules.-- For all sectors not serviced
by the provider during any period, the average
kilowatt-hour rate for that sector shall be estimated
or measured by the Secretary of Energy. In any case
where retail choice in a State or sector did not all
occur on one effective date but was phased-in over
time, the Secretary of Energy shall establish
regulations to fairly establish the potential rate. In
any cases where, for the 12-month period preceding the
date on which retail electric service choice for
customers in that sector was established, a provider
served a sector in the State but did not serve it for
the full period, the Secretary of Energy shall
establish regulations to fairly establish the potential
rate.
SEC. 3. USE OF CONTRIBUTIONS FOR ENVIRONMENTAL PRIORITIES.
(a) National Environmental Priorities Board.--The Administrator of
the Environmental Protection Agency (hereinafter in this section
referred to as the ``Administrator'') shall establish a National
Environmental Priorities Board to carry out the functions and
responsibilities specified in this section. The Board shall be composed
of 3 persons who are officers or employees of the United States, and 4
State commissioners nominated by the national organization of the State
commissions and appointed by the Administrator. The Administrator shall
appoint one member of the Board to serve as Chairman.
(b) Rules.--Within 180 days after the enactment of this Act, the
Administrator shall promulgate a final rule containing the rules and
procedures of the Board, including the rules and procedures for
selecting a non-Federal fiscal agent under subsection (e). The
Administrator shall have oversight responsibilities over the Board.
(c) Environmental Priorities Program.--
(1) Regulations.--Within 90 days after the promulgation of
the Administrator's rules under subsection (b), the Board shall
institute a proceeding to establish regulations governing
creation and administration of an Environmental Priorities
Program. Such regulations shall include criteria and methods of
selecting State projects to receive support under the Program.
Such support may include direct loans, loan guarantees, grants,
capitalization grants for State revolving funds, and other
assistance. The State projects may include--
(A) lowering borrowing costs for municipal and
regional governments constructing wastewater treatment
plants;
(B) increasing the use of filter strips and
riparian buffers in protecting rivers and streams;
(C) mitigating the deleterious effect of
electricity production on air quality;
(D) supporting the preservation of open space for
resource conservation, wildlife protection, or
recreation; and
(E) such other projects furthering national
environmental priorities as may be established by the
Board.
(2) Agent.--The Board shall enter into arrangements with a
non-Federal fiscal agent who shall be authorized to receive the
contributions made under section 2(b) and to disburse such
contributions as provided in subsection (d).
(3) Programs.--Any State in which retail electric service
choice has been established for any consumer sector may
establish one or more public purpose programs and apply for
matching funding under this section for projects to be funded
under such program. A participating State may use matching
funds received under this section only to support one or more
eligible environmental priorities programs meeting the
selection criteria established under paragraph (1). The Board
shall regularly audit the expenditures of matching funds
received by a participating State under this section.
(4) State option.--At no time shall a State be required,
pursuant to this section, to participate in the Environmental
Priorities Program, nor may a State be required by the Board to
fund a particular project.
(d) Fund for Environmental Priorities.--
(1) Distribution.--The fiscal agent shall distribute
contributions received by the fiscal agent under section 2(b)
to States (or entities designated by the States) under this
subsection in accordance with the criteria established by the
Board under subsection (c) to carry out eligible projects under
environmental priorities programs established by the States.
For each calendar year after the year 2002, the Board shall
solicit applications from States for matching funds to carry
out eligible environmental priorities programs. The
applications for assistance during any calendar year must be
received by the Board before the commencement of such year. In
its application, the State shall certify that the moneys will
be used for one or more eligible public purpose programs and
shall specify the amount of State support which is projected
for the coming calendar year for the programs concerned.
(2) Calculation.--Upon receipt of all State requests for
matching funds submitted pursuant to paragraph (1) for any
calendar year, the Board shall calculate the funds necessary to
match the level of projected States funds for eligible
environmental priorities programs for that calendar year.
(3) Reduction.--Following the calculation of the amount of
matching funds required under paragraph (2) for all States
requesting funds for any calendar year, the Board shall
communicate that amount to the fiscal agent. Expenditures by
the fiscal agent for any calendar year may not exceed the total
balance. To the extent the matching funds requested by all such
States for a calendar year exceed the total amount received by
the fiscal agent during the prior calendar year and available
to the fiscal agent at the commencement of the calendar year
concerned, the matching funds distributed to each such State
shall be reduced pro rata so that the percentage of State funds
matched by funds provided under this section is the same for
all States requesting funds.
(4) Use of funds.--The fiscal agent shall distribute
matching funds to the States (or to an entity or entities
designated by the State to receive payments) to be used for
eligible environmental priorities programs designated under
subsection (c). All funds received shall be used only for the
eligible environmental priorities programs designated by the
State. | Environmental Priorities Act of 2003 - Requires providers of retail electric services to contribute to the fiscal agent for the Environmental Priorities Board (established by this Act) ten percent of the total consumer savings for the consumer sector for that calendar year.Requires the Administrator of the Environmental Protection Agency to establish a National Environmental Priorities Board to establish regulations governing creation of an Environmental Priorities Program.Authorizes States in which retail electric service choice has been established for any consumer sector to establish public purpose programs and apply for matching funding to support environmental priorities programs. | {"src": "billsum_train", "title": "To establish a Fund for Environmental Priorities to be funded by a portion of the consumer savings resulting from retail electricity choice, and for other purposes."} | 1,824 | 120 | 0.624687 | 1.587879 | 0.587723 | 4.088235 | 17.176471 | 0.95098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Value Based Insurance Design for
Better Care Act of 2014'' or the ``VBID for Better Care Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A growing body of evidence demonstrates that increases
in patient-level financial barriers (including deductibles,
copayments, and coinsurance) for high-value medical services
(such as prescription medications, clinician visits, diagnostic
tests, and procedures) systematically reduce their use. Savings
attributable to cost-related decreased utilization of specific
services may lead to an increase in total medical expenditures
due to increased use of other related clinical services, such
as hospitalizations and emergency room visits.
(2) Empirical research studies demonstrate that reductions
in beneficiary out-of-pocket expenses for high-value
prescription medications and clinical services can mitigate the
adverse health and financial consequences attributable to cost-
related decreased utilization of high-value services.
(3) Financial barriers to prescription medications and
clinical services that are deemed to be high value should be
reduced or eliminated to increase their use.
(4) Value-Based Insurance Design is a methodology that
adjusts patient out-of-pocket costs for prescription
medications and clinical services according to the clinical
value--not exclusively the cost. Value-Based Insurance Design
is based on the concept of clinical nuance that recognizes--
(A) prescription medications and clinical services
differ in the clinical benefit provided; and
(B) the clinical benefit derived from a specific
prescription medication or clinical service depends on
the clinical situation, the provider, and where the
care is delivered.
(5) The current ``one-size-fits-all'' copayment or
coinsurance design for prescription medications and clinical
services provided under the Medicare program does not recognize
the well-established value differences in health outcomes
produced by various medical interventions.
(6) The establishment by Medicare of copayment and
coinsurance requirements using Value-Based Insurance Design
methodologies will improve patient-centered health outcomes,
enhance personal responsibility, and afford a more efficient
use of taxpayer dollars.
SEC. 3. DEMONSTRATION PROGRAM.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary'') shall establish a 3-year
demonstration program to test the use of value-based insurance design
methodologies (as defined in subsection (c)(1)) under eligible Medicare
Advantage plans offered by Medicare Advantage organizations under part
C of title XVIII of the Social Security Act (42 U.S.C. 1395w-21 et
seq.).
(b) Demonstration Program Design.--
(1) Selection of ma region and eligible medicare advantage
plans.--The Secretary shall--
(A) select at least two MA regions (as defined in
section 1858(a)(2) of the Social Security Act (42
U.S.C. 1395w-27a(a)(2))) with respect to which to
conduct the demonstration program under this section;
and
(B) approve eligible Medicare Advantage plans to
participate in such demonstration program.
(2) Start of demonstration.--The demonstration program
shall begin with respect to the first plan year beginning after
the date on which at least two eligible Medicare Advantage
plans have been approved by the Secretary in at least one MA
region selected under paragraph (1).
(3) Eligible medicare advantage plans.--For purposes of
this section, the term ``eligible Medicare Advantage plan''
means a Medicare Advantage plan under part C of title XVIII of
the Social Security Act (42 U.S.C. 1395w-21 et seq.) that meets
the following requirements:
(A) The plan is an MA regional plan (as defined in
paragraph (4) of section 1859(b) of such Act (42 U.S.C.
1395w-28(b))) or MA local plan (as defined in paragraph
(5) of such section) offered in the MA region selected
under paragraph (1)(A).
(B) The plan has--
(i) a quality rating under section
1853(n)(4) of such Act (42 U.S.C. 1395w-
23(n)(4)) of 4 stars or higher based on the
most recent data available for such year;
(ii) in the case of a specialized MA plan
for special needs individuals, as defined in
subsection (b)(6)(A) of section 1859(b)(6)(A)
of such Act (42 U.S.C. 1395w-28(b)(6)(A)),
received a multi-year approval by the National
Committee for Quality Assurance under
subsection (f)(7) of such section; or
(iii) at least 20 percent of the population
to whom the plan is offered consists of subsidy
eligible individuals (as defined in section
1860D-14(a)(3)(A) of the Social Security Act
(42 U.S.C. 1395w-114(a)(3)(A))).
(c) Value-Based Insurance Design Methodologies.--
(1) Definition.--For purposes of this section, the term
``value-based insurance design methodology'' means a
methodology for identifying specific prescription medications,
and clinical services that are reimbursable under title XVIII
of the Social Security Act, for which copayments, coinsurance,
or both should be reduced or eliminated because of the high
value and effectiveness of such medications and services for
specific chronic clinical conditions (as approved by the
Secretary).
(2) Use of methodologies to reduce copayments and
coinsurance.--A Medicare Advantage organization offering an
eligible Medicare Advantage plan selected to participate under
the demonstration program, for each plan year for which the
plan is so selected and using value-based insurance design
methodologies--
(A) shall identify each prescription medication and
clinical service covered under such plan for which the
amount of the copayment or coinsurance should be
reduced or eliminated, with respect to the management
of specific chronic clinical conditions (as specified
by the Secretary) of MA eligible individuals (as
defined in section 1851(a)(3) of the Social Security
Act (42 U.S.C. 1395w-21(a)(3))) enrolled under such
plans, for such plan year; and
(B) may, for such plan year, reduce or eliminate
copayments, coinsurance, or both for such prescription
medication and clinical services so identified with
respect to the management of such conditions of such
individuals--
(i) if such reduction or elimination is
evidence-based, for the purpose of encouraging
such individuals in such plan to use such
prescription medications and clinical services
(such as preventive care, primary care,
specialty visits, diagnostic tests, procedures,
and durable medical equipment) with respect to
such conditions; and
(ii) for the purpose of encouraging such
individuals in such plan to use health care
providers that such organization has identified
with respect to such plan year.
(3) Prohibition of increases of copayments and
coinsurance.--In no case may any Medicare Advantage plan
participating in the demonstration program increase, for any
plan year for which the plan is so participating, the amount of
copayments or coinsurance for any item or service covered under
such plan for purposes of discouraging the use of such item or
service.
(d) Report on Implementation.--
(1) In general.--Not later than 1 year after the date on
which the demonstration program under this section begins under
subsection (b)(2), the Secretary shall submit to Congress a
report on the status of the implementation of the demonstration
program.
(2) Elements.--The report required by paragraph (1) shall,
with respect to eligible Medicare Advantage plans participating
in the demonstration program for the first plan year of such
program, include the following:
(A) A list of each medication and service
identified pursuant to subsection (c)(2)(A) for such
plan with respect to such plan year.
(B) For each such medication or service so
identified, the amount of the copayment or coinsurance
required under such plan with respect to such plan year
for such medication or service and the amount of the
reduction of such copayment or coinsurance from the
previous plan year.
(C) For each provider identified pursuant to
subsection (c)(2)(B)(ii) for such plan with respect to
such plan year, a statement of the amount of the
copayment or coinsurance required under such plan with
respect to such plan year and the amount of the
reduction of such copayment or coinsurance from the
previous plan year.
(e) Review and Assessment of Utilization of Value-Based Insurance
Design Methodologies.--
(1) In general.--The Secretary shall enter into a contract
or agreement with an independent, non-biased entity having
expertise in value-based insurance design methodologies to
review and assess the implementation of the demonstration
program under this section. The review and assessment shall
include the following:
(A) An assessment of the utilization of value-based
insurance design methodologies by Medicare Advantage
plans participating under such program.
(B) An analysis of whether reducing or eliminating
the copayment or coinsurance for each medication and
clinical service identified pursuant to subsection
(c)(2)(A) resulted in increased adherence to medication
regimens, increased service utilization, improvement in
quality metrics, better health outcomes, and enhanced
beneficiary experience.
(C) An analysis of the extent to which costs to
Medicare Advantage plans under part C of title XVIII of
the Social Security Act participating in the
demonstration program is less than costs to Medicare
Advantage plans under such part that are not
participating in the demonstration program.
(D) An analysis of whether reducing or eliminating
the copayment or coinsurance for providers identified
pursuant to subsection (c)(2)(B)(ii) resulted in
improvement in quality metrics, better health outcomes,
and enhanced beneficiary experience.
(E) An analysis, for each provider so identified,
the extent to which costs to Medicare Advantage plans
under part C of title XVIII of the Social Security Act
participating in the demonstration program is less than
costs to Medicare Advantage plans under such part that
are not participating in the demonstration program.
(F) Such other matters, as the Secretary considers
appropriate.
(2) Report.--The contract or agreement entered into under
paragraph (1) shall require such entity to submit to the
Secretary a report on the review and assessment conducted by
the entity under such paragraph in time for the inclusion of
the results of such report in the report required by paragraph
(3).
(3) Report to congress.--Not later than 3 years after the
date on which the demonstration program begins under subsection
(b)(2), the Secretary shall submit to Congress a report on the
review and assessment of the demonstration program conducted
under this subsection. The report shall include the following:
(A) A description of the results of the review and
assessment included in the report submitted pursuant to
paragraph (2).
(B) Such recommendations as the Secretary considers
appropriate for enhancing the utilization of the
methodologies applied under the demonstration program
to all Medicare Advantage plans under part C of title
XVIII of the Social Security Act so as to reduce
copayments and coinsurance under such plans paid by
Medicare beneficiaries for high-value prescription
medications and clinical services for which coverage is
provided under such plans and to otherwise improve the
quality of health care provided under such plans.
(f) Expansion of Demonstration Program.--The Secretary shall expand
the demonstration program, pursuant to notice and comment rulemaking,
to implement, on a permanent basis, the components of the demonstration
program that are beneficial to Medicare beneficiaries and the Medicare
program, unless the report under subsection (d) or (e)(3) contains an
evaluation that the demonstration program--
(1) increases expenditures under title XVIII with respect
to Medicare beneficiaries participating in the demonstration
program; or
(2) decreases the quality of health care services furnished
to such Medicare beneficiaries participating in the
demonstration program.
(g) Waiver Authority.--The Secretary may waive such provisions of
titles XI and XVIII of the Social Security Act as may be necessary to
carry out the demonstration program under this section.
(h) Implementation Funding.--For purposes of carrying out the
demonstration program under this section, the Secretary shall provide
for the transfer from the Federal Hospital Insurance Trust Fund under
section 1817 of the Social Security Act (42 U.S.C. 1395i) and the
Federal Supplementary Insurance Trust Fund under section 1841 of the
Social Security Act (42 U.S.C. 1395t), including the Medicare
Prescription Drug Account in such Trust Fund, in such proportion as
determined appropriate by the Secretary, of such sums as may be
necessary. | Value Based Insurance Design for Better Care Act of 2014 or the VBID for Better Care Act of 2014 - Directs the Secretary of Health and Human Services (HHS) to establish a three-year demonstration program to test the use of value-based insurance design methodologies under the eligible Medicare plans offered by Medicare Advantage organizations under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act. Defines "value-based insurance design methodology" as one for identifying specific prescription medications, and clinical services reimbursable under Medicare, for which copayments, coinsurance, or both should be reduced or eliminated because of the high-value and effectiveness of these medications and services for specific chronic clinical conditions (as approved by the Secretary). Directs the Secretary to expand the demonstration program to implement, on a permanent basis, those components beneficial to Medicare beneficiaries and the Medicare program, unless a required evaluation of the program states that it: (1) increases expenditures under Medicare with respect to participating beneficiaries, or (2) decreases the quality of health care services furnished to such beneficiaries. | {"src": "billsum_train", "title": "VBID for Better Care Act of 2014"} | 2,694 | 237 | 0.703521 | 2.090255 | 0.808556 | 5.403846 | 12.125 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Prior User Rights Act of
1994''.
SEC. 2. DEFENSE TO PATENT INFRINGEMENT BASED ON PRIOR USE.
(a) In General.--Chapter 28 of title 35, United States Code, is
amended by adding at the end thereof the following new section:
``Sec. 273. Rights based on prior use; defense to infringement
``(a) Definitions.--For purposes of this section--
``(1) the term `commercially used' means used in the
production of commercial products, whether or not the
processes, equipment, tooling, or other materials so used are
normally accessible, available, or otherwise known to the
public;
``(2) the term `effective and serious preparation' means
that a person has--
``(A) actually reduced to practice the subject
matter for which rights based on prior use are claimed;
and
``(B) made a substantial portion of the total
investment necessary, for the subject matter to be
commercially used; and
``(3) the `effective filing date' of an application for
patent is the earlier of the actual filing date of the
application or the filing date of any earlier United States,
foreign, or international application to which the subject
matter at issue is entitled under sections 119, 120, or 365 of
this title.
``(b) In General.--
``(1) Defense.--A person shall not be liable as an
infringer of a patent under section 271 of this title with
respect to any subject matter claimed in the patent that such
person had commercially used in the United States, or made
effective and serious preparation therefor in the United
States, before the effective filing date of the application for
the patent.
``(2) Good faith purchasers.--A person who purchases in
good faith a product that results directly from a use or
preparation therefor described in paragraph (1) shall not be
liable as an infringer for continuing the use of the product
purchased, or for selling to another person the product
purchased.
``(c) Limitation of Defense.--Rights based on prior use under this
section are not a general license under all claims of the patent, but,
subject to subsection (d), extend only to the claimed subject matter
that the person asserting the defense based on prior use had
commercially used or made effective and serious preparation therefor
before the effective filing date of the application for the patent.
``(d) Certain Variations and Improvements Not an Infringement.--The
rights under this section based on prior use shall include the right to
vary quantities or volumes, or to make improvements, that do not
infringe claims other than those claims that, but for subsection (b),
would have been infringed as of the effective date of the application
for patent.
``(e) Qualifications.--
``(1) Rights are personal.--The rights under this section
based on prior use are personal and may not be licensed or
assigned or transferred to any other person except in
connection with the good faith assignment or transfer of the
entire business or enterprise or the entire line of business or
enterprise to which the rights relate.
``(2) Exclusions.--(A) A person may not claim rights under
this section based on prior use if the activity under which
such person claims the rights was based on information obtained
or derived from the patentee or those in privity with the
patentee.
``(B) If the activity under which a person claims rights
under this section based on prior use is abandoned on or after
the effective filing date of the application for the patent,
such person may claim such rights only for that period of
activity which occurred before abandonment.
``(f) Burden of Proof.--In any action in which a person claims a
defense to infringement under this section, the burden of proof for
establishing the defense shall be on the person claiming rights based
on prior use.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 28 of title 35, United States Code, is amended by adding at the
end thereof the following:
``273. Rights based on prior use; defense to infringement.''.
SEC. 3. EFFECTIVE DATE.
(a) In General.--Subject to subsections (b) and (c), this Act and
the amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Existing Patent Claims.--This Act and the amendments made by
this Act shall apply to any action for infringement that is brought, on
or after the date of the enactment of this Act, by a patentee in a case
in which the effective filing date (as defined in section 273(a)(2) of
title 35, United States Code) of the application for patent is before
such date of enactment, only if--
(1) no other action for the same act or acts of
infringement was brought before such date of enactment, and
(2) there has been no notice of infringement under section
287 of title 35, United States Code, as of October 1, 1994,
with respect to the same act or acts of infringement.
(c) Equitable Compensation.--In any action for infringement to
which subsection (b) applies and in which the defense of prior user
rights under section 273 of title 35, United States Code (as added by
this Act), is asserted and determined to be valid by the court, the
court may grant equitable compensation to the patentee, notwithstanding
subsection (b) of such section 273. Such equitable compensation may be
based on all actions of the person asserting the defense that were
carried out after notice of infringement under section 287 of title 35,
United States Code, which would constitute infringement of the patent
but for section 273 of such title (as added by this Act).
Passed the Senate October 8 (legislative day, September
12), 1994.
Attest:
MARTHA S. POPE,
Secretary. | Patent Prior User Rights Act of 1994 - Provides that a person may not be liable as a patent infringer with respect to any subject matter claimed in the patent that such person had commercially used in the United States or made effective and serious preparation therefor in the United States before the effective filing date of the patent application. Declares that a person who purchases in good faith a product that results directly from such a use or preparation shall not be liable as an infringer for continuing the use of the product purchased or for selling such product to another person. Provides that rights based on prior use are not a general license under all claims of the patent but extend only to the claimed subject matter that the person asserting the prior use defense had commercially used or made effective and serious preparation therefor before the effective filing date of the patent application.
Includes within rights based on prior use the right to vary quantities or volumes or to make improvements that do not infringe claims other than those claims that would have been infringed as of the effective filing of the patent application.
Provides that rights based on prior use are personal and may not be licensed, assigned, or transferred to another except in connection with the assignment or transfer of the entire business or enterprise to which the rights relate.
Bars claims of rights based on prior use if the activity under which the person claims the rights was: (1) based on information derived from the patentee; or (2) abandoned on or after the effective filing date. (Permits such claims only for the period of activity that occurred before abandonment.)
Provides that the burden of proof for establishing the defense shall be on the person claiming rights based on prior use.
Establishes conditions under which this Act applies to actions for infringement in cases where the effective filing date of the patent application is before this Act's enactment date. Authorizes the court to grant equitable compensation to the patentee in such cases, subject to certain conditions. | {"src": "billsum_train", "title": "Patent Prior User Rights Act of 1994"} | 1,349 | 430 | 0.709058 | 2.234114 | 0.912666 | 4.475196 | 3.255875 | 0.939948 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Court of Appeals
Act''.
SEC. 2. ESTABLISHMENT OF COURT OF APPEALS FOR THE SOCIAL SECURITY
CIRCUIT.
(a) Number and Composition of Circuits.--Section 41 of title 28,
United States Code, is amended--
(1) by striking ``thirteen'' and inserting ``fourteen'';
and
(2) by adding at the end of the table contained therein the
following:
``Social Security........
All Federal judicial
districts.''.
(b) Number and Residence of Circuit Judges.--(1) Section 44(a) of
title 28, United States Code, is amended by adding at the end of the
table contained therein the following:
``Social Security........
5.''.
(2) Section 44(c) of title 28, United States Code, is amended by
adding at the end the following: ``While in active service, each
circuit judge of the Social Security judicial circuit shall reside
within fifty miles of the District of Columbia.''.
(c) Terms of Court.--(1) Section 48(a) of title 28, United States
Code, is amended by adding at the end of the table contained therein
the following:
``Social Security........
District of Columbia, and in
any other place listed
above as the court
directs.''.
(2) Section 48(d) of title 28, United States Code, is amended by
inserting ``and of the Court of Appeals for the Social Security
Circuit'' after ``Federal Circuit''.
SEC. 3. JURISDICTION.
(a) Final Decisions of District Courts.--Section 1291 of title 28,
United States Code, is amended--
(1) in the first sentence by inserting ``and the United
States Court of Appeals for the Social Security Circuit'' after
``Federal Circuit''; and
(2) by adding at the end the following: ``The jurisdiction
of the United States Court of Appeals for the Social Security
Circuit shall be limited to the jurisdiction described in
subsections (b) and (e) of section 1292 and section 1296 of
this title.''.
(b) Interlocutory Decisions.--Section 1292 of title 28, United
States Code, is amended--
(1) in subsection (a) in the matter preceding paragraph (1)
by striking ``and (d)'' and inserting ``(d), and (e)'';
(2) in subsection (e)--
(A) by redesignating such subsection as subsection
(f); and
(B) by striking ``or (d)'' and inserting ``(d), or
(e)''; and
(3) by inserting after subsection (d) the following:
``(e) The United States Court of Appeals for the Social Security
Circuit shall have exclusive jurisdiction of an appeal from an
interlocutory order or decree described in subsection (a) of this
section in any case over which the court would have jurisdiction of an
appeal under section 1296 of this title.''.
(c) Circuits in Which Decisions Are Reviewable.--Section 1294 of
title 28, United States Code, is amended by striking ``and 1295'' and
inserting ``1292(e), 1295, and 1296''.
(d) General Jurisdiction.--(1) Chapter 83 of title 28, United
States Code, is amended by adding at the end the following new section:
``Sec. 1296. Jurisdiction of the United States Court of Appeals for the
Social Security Circuit
``The United States Court of Appeals for the Social Security
Circuit shall have exclusive jurisdiction of an appeal from a final
decision of a district court of the United States, the District Court
of Guam, the District Court of the Virgin Islands, or the District
Court for the Northern Mariana Islands, on a determination of the
Secretary of Health and Human Services under title II or XVI of the
Social Security Act that is subject to judicial review as provided in
section 205(g) of that Act.''.
(2) The table of sections at the beginning of chapter 83 of title
5, United States Code, is amended by adding at the end the following:
``1296. Jurisdiction of the United States Court of Appeals for the
Social Security Circuit.''.
(e) Amendment to the Social Security Act.--Section 205(g) of the
Social Security Act (42 U.S.C. 405(g)) is amended by striking ``The
judgment of the court shall be final except that it shall be subject to
judicial review in the same manner as a judgment in other civil
actions.'' and inserting ``The judgment of the court shall be final
except that it may be appealed to the United States Court of Appeals
for the Social Security Circuit under chapter 83 of title 28, United
States Code.''.
SEC. 4. ADMINISTRATIVE MATTERS.
(a) Judicial Discipline.--Section 372(c)(18) of title 28, United
States Code, is amended by striking ``and the Court of Appeals for the
Federal Circuit'' and inserting ``the Court of Appeals for the Federal
Circuit, and the Court of Appeals for the Social Security Circuit''.
(b) Official Duty Station.--Section 456(b) of title 28, United
States Code, is amended by inserting ``the United States Court of
Appeals for the Social Security Circuit,'' after ``Federal Circuit,''.
(c) Court Accommodations.--Section 462(d) of title 28, United
States Code, is amended by inserting ``, for the United States Court of
Appeals for the Social Security Circuit,'' after ``Federal Circuit''.
(d) Transmission of Petitions.--(1) Section 520 of title 28, United
States Code, is amended--
(A) in subsection (a) by striking ``Claims Court or in the
United States Court of Appeals for the Federal Circuit'' and
inserting ``Court of Federal Claims, in the United States Court
of Appeals for the Federal Circuit, or in the United States
Court of Appeals for the Social Security Circuit''; and
(B) by amending the section heading to read as follows:
``Sec. 520. Transmission of petitions in United States Court of Federal
Claims, in the United States Court of Appeals for the
Federal Circuit, or in the United States Court of Appeals
for the Social Security Circuit; statement furnished by
departments''.
(2) The item relating to section 520 in the table of sections at
the beginning of chapter 31 of title 28, United States Code, is amended
to read as follows:
``520. Transmission of petitions in United States Court of Federal
Claims in the United States Court of
Appeals for the Federal Circuit, or in the
United States Court of Appeals for the
Social Security Circuit; statement
furnished by departments.''.
(e) Budget Estimates.--Section 605 of title 28, United States Code,
is amended in the second undesignated paragraph--
(1) by striking ``such court and'' and inserting ``such
court,''; and
(2) by inserting before the period at the end the
following: ``, and the estimate with respect to the United
States Court of Appeals for the Social Security Circuit shall
be approved by such court''.
SEC. 5. OTHER CONFORMING AMENDMENTS.
(a) Review of Agency Orders.--Section 2342 of title 28, United
States Code, is amended by inserting ``and the United States Court of
Appeals for the Social Security Circuit'' after ``Federal Circuit''.
(b) Internal Revenue Code.--Section 7482(a)(1) of the Internal
Revenue Code of 1986 (26 U.S.C. 7482(a)(1)) is amended by inserting
``and the United States Court of Appeals for the Social Security
Circuit'' after ``Federal Circuit''.
SEC. 6. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
take effect 180 days after the date of the enactment of this Act.
(b) Applicability.--The amendments made by this Act shall apply
with respect to any appeal of an interlocutory order or of a decision
of a district court that is filed on or after the effective date of
this Act. | Social Security Court of Appeals Act - Amends the Federal judicial code to provide for the establishment of a United States Court of Appeals for the Social Security Circuit.
Grants exclusive jurisdiction to such court over specified interlocutory orders or decrees and over appeals from final decisions of a U.S. district court, or the district courts of Guam, the Virgin Islands, or the Northern Mariana Islands, or determinations of the Secretary of Health and Human Services under titles II or XVI of the Social Security Act that are subject to judicial review.
Makes conforming amendments to the Social Security Act and the Internal Revenue Code. | {"src": "billsum_train", "title": "Social Security Court of Appeals Act"} | 1,900 | 139 | 0.575745 | 1.445722 | 0.555394 | 3.350877 | 14.850877 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The Santa Monica Mountains National Recreation Area was
authorized as a unit of the National Park System on November
10, 1978.
(2) The Santa Monica Mountains and the Rim of the Valley
Corridor include a diverse range of nationally significant
natural and cultural resources.
(3) Expanding the Santa Monica Mountains National
Recreation Area would provide new opportunities for the
National Park Service to serve a broad range of urban
communities, including many that are underrepresented in
national parks and underserved by State and local parks.
SEC. 3. BOUNDARY ADJUSTMENT; LAND ACQUISITION; ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is amended by
striking ```Santa Monica Mountains National Recreation Area and Santa
Monica Mountains Zone, California, Boundary Map', numbered 80,047-C and
dated August 2001'' and inserting ```Rim of the Valley Unit_Santa
Monica Mountains National Recreation Area' and dated June 2016''.
(b) Rim of the Valley Unit.--Section 507 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460kk) is amended by adding at the
end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years after the
date of the enactment of this subsection, the Secretary shall update
the general management plan for the recreation area to reflect the
boundaries designated on the map referred to in subsection (c)(1) as
the `Rim of the Valley Unit' (hereafter in the subsection referred to
as the `Rim of the Valley Unit'). Subject to valid existing rights, the
Secretary shall administer the Rim of the Valley Unit and any land or
interest in land acquired by the United States and located within the
boundaries of the Rim of the Valley Unit, as part of the recreation
area in accordance with the provisions of this section and applicable
laws and regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through exchange,
donation, or purchase from a willing seller. Nothing in this subsection
authorizes the use of eminent domain to acquire land or interests in
land.
``(3) The fact that certain activities or land can be seen or heard
from within the Rim of the Valley Unit shall not, of itself, preclude
the activities or land uses up to the boundary of the Rim of the Valley
Unit.
``(4) Nothing in this subsection or the application of the
management plan for the Rim of the Valley Unit shall be construed to--
``(A) modify any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
``(B) create any liability, or affect any liability under
any other law, of any private property owner or other owner of
non-Federal land with respect to any person injured on private
property or other non-Federal land;
``(C) allow for the creation of protective perimeters or
buffer zones outside of the Rim of the Valley Unit;
``(D) affect the ownership, management, or other rights
relating to any non-Federal land (including any interest in any
non-Federal land);
``(E) require any local government to participate in any
program administered by the Secretary;
``(F) alter, modify, or diminish any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law (including
regulations);
``(G) require or promote use of, or encourage trespass on,
lands, facilities, and rights-of-way owned by non-Federal
entities, including water resource facilities and public
utilities, without the written consent of the owner;
``(H) affect the operation, maintenance, modification,
construction, or expansion of any water resource facility or
utility facility located within or adjacent to the Rim of the
Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement activities on
or under such lands granted to public agencies that are
authorized pursuant to Federal or State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water resource
facility or other facility or property necessary or useful to
access any water right to operate any public water or utility
system; or
``(K) require initiation or reinitiation of consultation
with the United States Fish and Wildlife Service under, or the
application of provisions of, the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of
subtitle III of title 54, United States Code, concerning any
action or activity affecting water, water rights or water
management or water resource facilities within the Rim of the
Valley Unit.
``(5) The activities of a utility facility or water resource
facility shall be conducted in a manner to reasonably avoid or reduce
the impact on the resources of the Rim of the Valley Unit.
``(6) For the purposes of paragraphs (4) and (5)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles, and
lines, ground wires, communications circuits, and other
structures, and related infrastructure; and
``(B) the term `water resource facility' means irrigation
and pumping facilities; dams and reservoirs; flood control
facilities; water conservation works, including debris
protection facilities, sediment placement sites, rain gages,
and stream gauges; water quality, recycled water, and pumping
facilities; conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines; wells;
hydropower projects; transmission facilities; and other
ancillary facilities, groundwater recharge facilities, water
conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.''. | Rim of the Valley Corridor Preservation Act This bill adjusts the boundary of the Santa Monica Mountains National Recreation Area in California as depicted on a specified map to include the Rim of the Valley Unit. The Rim of the Valley Unit, and any lands or interests acquired by the United States and located within its boundaries, shall be administered as part of the Recreation Area. The Department of the Interior may acquire only through exchange, donation, or purchase from a willing seller any nonfederal land within the boundaries of the Rim of the Valley Unit. Nothing in this bill authorizes the use of eminent domain to acquire lands or interests. | {"src": "billsum_train", "title": "Rim of the Valley Corridor Preservation Act"} | 1,426 | 139 | 0.658239 | 1.755858 | 0.708784 | 4.409836 | 10.901639 | 0.901639 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Self-Sufficiency Act for the
21st Century''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that:
(1) The greater deployment of distributed energy resources
can help alleviate bottlenecks and deficiencies in the nation's
energy production and delivery system, and improve power
quality and reliability, while bringing more efficient and
environmentally responsible energy resources into the
mainstream.
(2) The United States needs to ensure the rapid deployment
of new power generation technologies in order to meet the
growing demand for electricity in the `new economy,' while at
the same time paying careful attention to improving energy
efficiency and reducing pollution from energy production.
(3) The United States is poised to be a world leader in the
design and manufacture of distributed energy resources
technology.
(4) The current regulatory environment serves as a
disincentive to the deployment of distributed energy resources
in many parts of the country, due to the lack of consistent
policies and procedures for the interconnection of distributed
energy resources to the local electric grid.
(5) Existing tax treatment of distributed energy resources
also creates difficulties for the installation of these
technologies.
(6) The Federal Government needs a more coordinated program
for research, development and demonstration of distributed
energy resources.
(b) Purposes.--The purposes of this Act are to lower energy costs
to consumers, increase electric system reliability, create a more
diverse and robust energy network, and provide energy efficiency and
environmental improvements, through the rapid development and
deployment of distributed energy resources.
TITLE I--INTERCONNECTION OF LOCAL DISTRIBUTION FACILITIES
SEC. 101. INTERCONNECTION OF LOCAL DISTRIBUTION FACILITIES.
Section 210 of the Federal Power Act is amended by adding the
following at the end thereof:
``(f) Special Rule for Distributed Generation.--
``(1) Definitions.--As used in this subsection:
``(A) Utility distribution company.--The term
`utility distribution company' means any entity which
owns, controls, or operates, for public use, local
utility distribution facilities.
``(B) Local utility distribution facilities.--The
term `local utility distribution facilities' means any
facilities used for the local distribution of electric
energy. Such term does not include any facilities
determined by the Commission to be transmission
facilities subject to the jurisdiction of the
Commission under section 201.
``(C) Distributed generation facility.--The term
`distributed generation facility' means an electric
power generation facility that is designed to serve
retail electric consumers at or near the facility site
and interconnect with local utility distribution
facilities.
``(2) Interconnection.--A utility distribution company
shall interconnect its local utility distribution facilities
with, and provide service to, a distributed generation
facility, if the distributed generation facility owner or
operator complies with the final rule promulgated under
paragraph (3) and pays the costs directly related to such
interconnection and service, as determined by the Commission.
The costs, terms and conditions of such interconnection and
subsequent service shall be just, reasonable and non-
discriminatory, as determined by the Commission.
``(3) Rules.--Within one year after the date of enactment
of this subsection, the Commission shall promulgate a final
rule to establish safety, reliability, and power quality
standards relating to distributed generation facilities. To the
extent feasible, the Commission shall develop the standards
through a process involving interested parties. For purposes of
developing such standards, the Commission shall establish an
advisory committee composed of qualified experts to make
recommendations to the Commission.''.
TITLE II--TAX INCENTIVES FOR DISTRIBUTED ENERGY RESOURCES
SEC. 201. TAX INCENTIVES FOR DISTRIBUTED ENERGY RESOURCES.
(a) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this title 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 Internal Revenue Code of 1986.
(b) In General.--Section 48(a)(3) of the Internal Revenue Code of
1986 (defining energy property) is amended by inserting before the last
sentence the following: ``The term `energy property' includes
distributed power property or combined heat and power system property,
but only if the requirements of subparagraphs (B) and (C) are met with
respect to the property.''.
(c) Definitions.--Subsection (a) of section 48 of the Internal
Revenue Code of 1986 (related to the energy credit) is amended by
adding at the end the following new paragraphs:
``(6) Distributed power property.--The term `distributed
power property' means property--
``(A) which is used in the generation of
electricity for primary use--
``(i) in nonresidential real or residential
rental property used in the taxpayer's trade or
business;
``(ii) in the taxpayer's industrial
manufacturing process or plant activity,
``(B) which may also produce usable thermal energy
or mechanical power for use in heating or cooling
application, but only if at least 40 percent of the
total useful energy produced consists of--
``(i) with respect to assets described in
subparagraph (A)(i), electrical power (whether
sold or used by the taxpayer), or
``(ii) with respect to assets described in
subparagraph (A)(ii), electrical power (whether
sold or used by the taxpayer) and thermal or
mechanical energy used in the taxpayer's
industrial manufacturing process or plant
activity,
``(C) which is not used to transport primary fuel
to the generating facility or to distribute energy
within or outside of the facility, and
``(D) if it is reasonably expected that not more
than 50 percent of the produced electricity will be
sold to, or used by, unrelated persons.
``(7) Combined heat and power system property.--For
purposes of this subsection--
``(A) Combined heat and power system property.--The
term `combined heat and power system property' means
property comprising a system--
``(i) which uses the same energy source for
the simultaneous or sequential generation of
electrical power, mechanical shaft power, or
both, in combination with the generation of
steam or other forms of useful thermal energy
(including heating and cooling applications),
``(ii) which has an electrical capacity of
more than 50 kilowatts or a mechanical energy
capacity of more than 67 horsepower or an
equivalent combination of electrical and
mechanical energy capacities,
``(iii) which produces--
``(I) at least 20 percent of its
total useful energy in the form of
thermal energy, and
``(II) at least 20 percent of its
total useful energy in the form of
electrical or mechanical power (or
combination thereof), and
``(iv) the energy efficiency percentage of
which exceeds 60 percent (70 percent in the
case of a system with an electrical capacity in
excess of 50 megawatts or a mechanical energy
capacity in excess of 67,000 horsepower, or an
equivalent combination of electrical and
mechanical energy capacities).
``(B) Special rules.--
``(i) Energy efficiency percentage.--For
purposes of subparagraph (A)(iv), the energy
efficiency percentage of a system is the
fraction--
``(I) the numerator of which is the
total useful electrical, thermal, and
mechanical power produced by the system
at normal operating rates, and
``(II) the denominator of which is
the lower heating value of the primary
fuel source for the system.
``(ii) Determinations made on btu basis.--
The energy efficiency percentage and the
percentages under subparagraph (A)(iii) shall
be determined on a Btu basis.
``(iii) Input and output property not
included.--The term `combined heat and power
system property' does not include property used
to transport the energy source to the facility
or to distribute energy produced by the
facility.
``(iv) Public utility property.--
``(I) Accounting rule for public
utility property.--If the combined heat
and power system property is public
utility property (as defined in section
46(f)(5) as in effect on the day before
the date of enactment of the Revenue
Reconciliation Act of 1990), the
taxpayer may only claim the credit
under the subsection if, with respect
to such property, the taxpayer uses a
normalization method of accounting.
``(II) Certain exception not to
apply.--The matter in paragraph (3)
which follows subparagraph (D) shall
not apply to combined heat and power
system property.''.
(d) No Carryback of Energy Credit Before Effective Date.--
Subsection (d) of section 39 is amended by adding at the end the
following new paragraph:
``(10) No carryback of energy credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the portion of the energy credit
described in paragraph (6) or (7) of section 48(a) may be
carried back to a taxable year ending before the date of the
enactment of this paragraph.''.
(e) Depreciation.--Subparagraph (C) of section 168(e)(3) (relating
to classification of certain property as 7-year property) is amended by
redesignating clause (ii) as clause (iii) and by inserting after clause
(i) the following new clause:
``(ii) any distributed power property (as
defined in section 48(a)) or combined heat and
power system property (as defined in such
section), and''.
(f) Effective Date.--The amendments made by this title shall apply
to property placed in service after December 31, 2000.
TITLE III--RESEARCH AND DEVELOPMENT OF NEW DISTRIBUTED ENERGY RESOURCE
TECHNOLOGIES
SEC. 301. RESEARCH AND DEVELOPMENT OF NEW DISTRIBUTED ENERGY RESOURCE
TECHNOLOGIES.
(a) In General.--The Secretary of Energy shall develop and
implement an accelerated comprehensive and cooperative program of
research and development to ensure the reliability, efficiency and
environmental responsibility of Distributed Energy Resources (hereafter
in this section referred to as ``DER''). This research and development
program shall include Advanced Energy Technologies Development,
Advanced Energy Systems Development, Advanced Grid Reliability
Technologies development and Technology Transfer and Education.
(b) Purposes.--The cooperative research program shall promote and
accelerate research and development for the following purposes:
(1) Ensure long-term safety, reliability, and service for
DER.
(2) Expand the capability of DER to be safely, reliably,
and with integrity connected to the distribution electric grid.
(3) Improve the non-renewable technologies ability to
reduce fossil fuel consumption.
(4) Minimize the environmental impact of DER technologies.
(5) Provide highly secure interface systems for command,
control, and communication of DER technologies with the
electrical grid.
(6) Develop technologies that advance and enhance the
electrical transmission and distribution grid.
(7) Develop integration techniques and methodologies that
enhance the electric grid's performance.
(c) Areas.--(1) In carrying out this act, the Secretary of Energy
shall consider research and development on DER, Advanced Systems
Development, and Advanced Electrical Grid reliability for each of the
following:
(A) Significant advancement in efficiency for Distributed
Power Prime Movers.
(B) Significant advancement in efficiency for thermally
activated technologies.
(C) Significant advancement in reduction of environmental
impact deploying pollution prevention enabling technologies
(2) The program should include the following areas:
(A) Interconnection standards, protocols, and equipment.
(B) Microturbines.
(C) Fuel cells.
(D) Combined heat and power systems.
(E) Advanced internal combustion engine generators.
(F) Advanced natural gas turbines.
(G) Energy storage devices.
(H) Ancillary equipment for dispatch and control.
(d) Points of Contact.--
(1) In general.--To coordinate and implement the research
and development programs and activities authorized under this
Act--
(A) the Secretary of Energy shall designate, as the
point of contact for the Department of Energy, an
officer of the Department of Energy who has been
appointed by the President and confirmed by the Senate;
and
(B) the Administrator of the Environmental
Protection Agency shall designate, as the point of
contact for the Environmental Protection Agency, an
officer of the Environmental Protection Agency.
(2) Duties.--The point of contact for the Department of
Energy shall have the primary responsibility for coordinating
and overseeing the implementation of the research, development,
and field evaluation program plan. The point of contact for the
Environment Protection Agency shall have the responsibility for
coordinating the Environmental Protection Agency's input to the
research, development and field evaluation of those elements of
the program that impact the directive of the Agency under the
Clean Air Act. The primary point of contact shall be
responsible in arranging cooperative agreements for research,
development and Field evaluation involving respective
departments, national laboratories, universities, industry
research organizations and industry.
(3) Research and development program plan.--Within 120 days
after the date of enactment of this Act, the Secretary of
Energy shall prepare and submit to Congress a 6-year program
plan to guide activities under this Act. In preparing the
program plan, the Secretary shall consult with appropriate
representatives of the DER industry to select and prioritize
appropriate project proposals. The Secretary may also seek the
advice of utilities, energy services providers, manufacturers,
institutions of higher learning, Federal agencies, national
laboratories, State energy officials, State regulatory
officials, environmental organizations, and professional and
technical societies. In order to ensure that technologies are
readily adopted by private entities, the Secretary shall create
cost-sharing programs with private entities.
(e) Implementation.--
(1) Report to congress.--Two years after the enactment of
this Act and at two year intervals thereafter, the Secretary,
jointly with the Administrator of the Environmental Protection
Agency, shall submit a report to Congress describing the
progress made to achieve the purposes of this Act and
identifying any additional resources needed to continue the
rapid development and deployment of DER.
(2) Authorization of appropriations.--
(A) There are authorized to be appropriated to the
Secretary of Energy for carrying out this Act
$236,000,000, for each of the fiscal years 2002 through
2007.
(B) There are authorized to be appropriated to the
Administrator of the Environmental Protection Agency
for carrying out this Act such sums as may be necessary
for each of the fiscal years 2002 through 2007. | Energy Self-Sufficiency Act for the 21st Century - Requires a utility distribution company to interconnect its local utility distribution facilities with, and provide service to, a distributed generation facility, if the facility owner or operator: (1) complies with a final rule promulgated by the Federal Energy Regulatory Commission (FERC) that establishes safety, reliability, and power quality standards for such a facility; and (2) pays the just, reasonable, and non-discriminatory costs directly related to such interconnection and service.Requires FERC to establish an advisory commission to make recommendations regarding promulgation of such a rule.Amends the Internal Revenue Code to extend the energy tax credit to distributed energy resources property placed in service during the taxable year, including distributed power property and combined heat and power system property.Instructs the Secretary of Energy to implement an accelerated cooperative research and development program to ensure reliability, efficiency, and environmental responsibility of Distributed Energy Resources, including: (1) Advanced Energy Technologies and Systems Development; (2) Advanced Grid Reliability Technologies development; and (3) Technology Transfer and Education.Directs the Secretary to develop and submit to Congress a six-year research and development program plan. | {"src": "billsum_train", "title": "To lower energy costs to consumers, increase electric system reliability and provide environmental improvements, through the rapid deployment of distributed energy resources, and for other purposes."} | 3,236 | 267 | 0.608414 | 1.819856 | 0.737393 | 3.189427 | 13.334802 | 0.942731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Care Act of
2003''.
SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES.
(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:
``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
qualified small employer, the employee health insurance expenses credit
determined under this section is an amount equal to the applicable
percentage of the amount paid by the taxpayer during the taxable year
for qualified employee health insurance expenses.
``(b) Applicable Percentage.--
``(1) In general.--For purposes of subsection (a), the
applicable percentage is--
``(A) 50 percent in the case of an employer with
less than 26 qualified employees,
``(B) 40 percent in the case of an employer with
more than 25 but less than 36 qualified employees,
``(C) 30 percent in the case of an employer with
more than 35 but less than 51 qualified employees,
``(D) 20 percent in the case of an employer with
more than 50 but less than 76 qualified employees, and
``(E) 10 percent in the case of an employer with
more than 75 but less than 101 qualified employees.
``(2) High contribution bonus.--With respect to any taxable
year during which a qualified small employer pays 100 percent
of qualified employee health insurance expenses for the
qualified employees of the small employer, the applicable
percentage otherwise determined for such taxable year under the
preceding paragraph shall be increased by 5 percentage points.
``(c) Per Employee Dollar Limitation.--The amount of qualified
employee health insurance expenses taken into account under subsection
(a) with respect to any qualified employee for any taxable year shall
not exceed the maximum employer contribution for self-only coverage or
family coverage (as applicable) determined under section 8906(a) of
title 5, United States Code, for the calendar year in which such
taxable year begins.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified small employer.--
``(A) In general.--The term `qualified small
employer' means any small employer which--
``(i) provides eligibility for health
insurance coverage (after any waiting period
(as defined in section 9801(b)(4))) to all
qualified employees of the employer,
``(ii) pays at least 70 percent of the cost
of such coverage (60 percent in the case of
family coverage) for each qualified employee,
and
``(iii) in the case of a small employer
which is located in a State which has
established a health insurance purchasing pool
under section 3 of the Small Business Health
Care Act of 2003, joins such pool.
``(B) Transition rule for new plans.--
``(i) In general.--If a small employer (or
any predecessor) did not provide health
insurance coverage to the qualified employees
of the employer during the employer's
precompliance period, then subparagraph (A)
shall be applied to such employer for the first
5 taxable years following such period by
substituting `50 percent' for `70 percent' in
clause (ii) (or for `60 percent' in such
clause, in the case of family coverage).
``(ii) Precompliance period.--For purposes
of clause (i), the precompliance periods are--
``(I) the period beginning with the
small employer's taxable year preceding
its first taxable year beginning after
the date of the enactment of this
section, and
``(II) the period beginning with
the small employer's taxable year
preceding the first taxable year for
which the employer meets the
requirement of subparagraph (A)(i).
An employer not in existence for any period
shall be treated in the same manner as an
employer which is in existence and not
providing coverage.
``(C) Small employer.--
``(i) In general.--For purposes of this
paragraph, the term `small employer' means,
with respect to any calendar year, any employer
if such employer employed an average of not
less than 2 and not more than 100 qualified
employees on business days during either of the 2 preceding calendar
years. For purposes of the preceding sentence, a preceding calendar
year may be taken into account only if the employer was in existence
throughout such year.
``(ii) Employers not in existence in
preceding year.--In the case of an employer
which was not in existence throughout the 1st
preceding calendar year, the determination
under clause (i) shall be based on the average
number of qualified employees that it is
reasonably expected such employer will employ
on business days in the current calendar year.
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage to the extent
such amount is attributable to coverage provided to any
employee while such employee is a qualified employee.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
section 9832(b)(1).
``(3) Qualified employee.--The term `qualified employee'
means an employee of an employer who, with respect to any
period, is not provided health insurance coverage under--
``(A) a health plan of the employee's spouse,
``(B) title XVIII, XIX, or XXI of the Social
Security Act,
``(C) chapter 17 of title 38, United States Code,
``(D) chapter 55 of title 10, United States Code,
``(E) chapter 89 of title 5, United States Code, or
``(F) any other provision of law.
``(4) Employee--The term `employee'--
``(A) means any individual, with respect to any
calendar year, who is reasonably expected to receive at
least $5,000 and not more than $100,000 of compensation
from the employer during such year,
``(B) does not include an employee within the
meaning of section 401(c)(1), and
``(C) includes a leased employee within the meaning
of section 414(n).
``(5) Compensation.--The term `compensation' means amounts
described in section 6051(a)(3).
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
qualified employee health insurance expenses taken into account under
subsection (a).''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (14),
by striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following:
``(16) the employee health insurance expenses credit
determined under section 45G.''.
(c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45G may be carried
back to a taxable year ending before the date of the enactment
of section 45G.''.
(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:
``Sec. 45G. Employee health insurance
expenses.''.
(e) Employer Outreach.--The Internal Revenue Service shall, in
conjunction with the Small Business Administration, develop materials
and implement an educational program to ensure that business personnel
are aware of--
(1) the eligibility criteria for the tax credit provided
under section 45G of the Internal Revenue Code of 1986 (as
added by this section),
(2) the methods to be used in calculating such credit, and
(3) the documentation needed in order to claim such credit,
so that the maximum number of eligible businesses may claim the tax
credit.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act.
SEC. 3. HEALTH INSURANCE PURCHASING POOLS.
(a) Matching Funds for Operation of Pools.--
(1) In general.--In the case of a State or a unit of local
government that establishes a health insurance purchasing pool,
the Secretary of Health and Human Services shall provide, from
the funds allocated under subsection (b), a grant equal to the
applicable percentage of the administrative costs associated
with such pool.
(2) Applicable percentage.--For purposes of paragraph (1),
the applicable percentage is--
(A) 75 percent for the initial year of the grant;
(B) 50 percent for year succeeding the year to
which subparagraph (A) is applicable;
(C) 25 percent for the year succeeding the year to
which subparagraph (B) is applicable; and
(D) zero thereafter.
(3) Special rule for local government purchasing pools.--
The Secretary of Health and Human Services shall not provide a
grant under this section to any unit of a local government
unless such unit of local government submits to the Secretary a
certificate from the State in which such unit of local
government is located authorizing such grant.
(4) Health insurance purchasing pool.--For purposes of this
section, the term ``health insurance purchasing pool'' means a
purchasing pool for small employers (as defined under section
45G of the Internal Revenue Code of 1986) for the purpose of
providing health insurance coverage (as defined in such
section) to qualified employees (as defined in such section).
(b) Funding.--Out of the money in the Treasury of the United States
not otherwise appropriated, there are authorized and appropriated such
sums as are necessary to carry out this section. | Small Business Health Care Act of 2003 - Amends the Internal Revenue Code to establish, in the case of a qualified small employer, an employee health insurance expenses credit determined for the applicable percentage of the amount paid by a taxpayer for qualified employee health insurance expenses.
Directs the Secretary of Health and Human Services to provide, in the case of a State or a unit of local government that establishes a health insurance purchasing pool, a grant equal to the applicable percentage of the administrative costs associated with such pool. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for tax credit for offering employer-based health insurance coverage and to provide for the establishment of health insurance purchasing pools."} | 2,429 | 110 | 0.607906 | 1.37173 | 0.494782 | 5.132653 | 22.897959 | 0.969388 |
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