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SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP.
(a) Permitting Maintenance of Fiscal Year 2007 FMAP for Last 2
Calendar Quarters of Fiscal Year 2008.--Subject to subsection (e), if
the FMAP determined without regard to this section for a State for
fiscal year 2008 is less than the FMAP as so determined for fiscal year
2007, the FMAP for the State for fiscal year 2007 shall be substituted
for the State's FMAP for the third and fourth calendar quarters of
fiscal year 2008, before the application of this section.
(b) Permitting Maintenance of Fiscal Year 2008 FMAP for First 3
Quarters of Fiscal Year 2009.--Subject to subsection (e), if the FMAP
determined without regard to this section for a State for fiscal year
2009 is less than the FMAP as so determined for fiscal year 2008, the
FMAP for the State for fiscal year 2008 shall be substituted for the
State's FMAP for the first, second, and third calendar quarters of
fiscal year 2009, before the application of this section.
(c) General 2.95 Percentage Points Increase for Last 2 Calendar
Quarters of Fiscal Year 2008 and First 3 Calendar Quarters of Fiscal
Year 2009.--Subject to subsections (e), (f), and (g), for each State
for the third and fourth calendar quarters of fiscal year 2008 and for
the first, second, and third calendar quarters of fiscal year 2009, the
FMAP (taking into account the application of subsections (a) and (b))
shall be increased by 2.95 percentage points.
(d) Increase in Cap on Medicaid Payments to Territories.--Subject
to subsections (f) and (g), with respect to the third and fourth
calendar quarters of fiscal year 2008 and the first, second, and third
calendar quarters of fiscal year 2009, the amounts otherwise determined
for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana
Islands, and American Samoa under subsections (f) and (g) of section
1108 of the Social Security Act (42 U.S.C. 1308) shall each be
increased by an amount equal to 5.90 percent of such amounts.
(e) Scope of Application.--The increases in the FMAP for a State
under this section shall apply only for purposes of title XIX of the
Social Security Act and shall not apply with respect to--
(1) disproportionate share hospital payments described in
section 1923 of such Act (42 U.S.C. 1396r-4);
(2) payments under title IV or XXI of such Act (42 U.S.C.
601 et seq. and 1397aa et seq.); or
(3) any payments under XIX of such Act that are based on
the enhanced FMAP described in section 2105(b) of such Act (42
U.S.C. 1397ee(b)).
(f) State Eligibility.--
(1) In general.--Subject to paragraph (2), a State is
eligible for an increase in its FMAP under subsection (c) or an
increase in a cap amount under subsection (d) only if the
eligibility under its State plan under title XIX of the Social
Security Act (including any waiver under such title or under
section 1115 of such Act (42 U.S.C. 1315)) is no more
restrictive than the eligibility under such plan (or waiver) as
in effect on January 1, 2008.
(2) State reinstatement of eligibility permitted.--A State
that has restricted eligibility under its State plan under
title XIX of the Social Security Act (including any waiver
under such title or under section 1115 of such Act (42 U.S.C.
1315)) after January 1, 2008, is eligible for an increase in
its FMAP under subsection (c) or an increase in a cap amount
under subsection (d) in the first calendar quarter (and
subsequent calendar quarters) in which the State has reinstated
eligibility that is no more restrictive than the eligibility
under such plan (or waiver) as in effect on January 1, 2008.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall be construed as affecting a State's flexibility with
respect to benefits offered under the State medicaid program
under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) (including any waiver under such title or under section
1115 of such Act (42 U.S.C. 1315)).
(g) Requirement for Certain States.--In the case of a State that
requires political subdivisions within the State to contribute toward
the non-Federal share of expenditures under the State medicaid plan
required under section 1902(a)(2) of the Social Security Act (42 U.S.C.
1396a(a)(2)), the State shall not require that such political
subdivisions pay a greater percentage of the non-Federal share of such
expenditures for the third and fourth calendar quarters of fiscal year
2008 and the first, second, and third calendar quarters of fiscal year
2009, than the percentage that would have been required by the State
under such plan on March 31, 2008, prior to application of this
section.
(h) Definitions.--In this section:
(1) FMAP.--The term ``FMAP'' means the Federal medical
assistance percentage, as defined in section 1905(b) of the
Social Security Act (42 U.S.C. 1396d(b)).
(2) State.--The term ``State'' has the meaning given such
term for purposes of title XIX of the Social Security Act (42
U.S.C. 1396 et seq.).
(3) Repeal.--Effective as of October 1, 2009, this section
is repealed.
SEC. 2. ADJUSTMENT IN COMPUTATION OF MEDICAID FMAP TO DISREGARD AN
EXTRAORDINARY EMPLOYER PENSION CONTRIBUTION.
(a) In General.--Only for purposes of computing the FMAP (as
defined in subsection (e)) for a State for a fiscal year (beginning
with fiscal year 2006) and applying the FMAP under title XIX of the
Social Security Act, any significantly disproportionate employer
pension or insurance fund contribution described in subsection (b)
shall be disregarded in computing the per capita income of such State,
but shall not be disregarded in computing the per capita income for the
continental United States (and Alaska) and Hawaii.
(b) Significantly Disproportionate Employer Pension and Insurance
Fund Contribution.--
(1) In general.--For purposes of this section, a
significantly disproportionate employer pension and insurance
fund contribution described in this subsection with respect to
a State is any identifiable employer contribution towards
pension or other employee insurance funds that is estimated to
accrue to residents of such State for a calendar year
(beginning with calendar year 2003) if the increase in the
amount so estimated exceeds 25 percent of the total increase in
personal income in that State for the year involved.
(2) Data to be used.--For estimating and adjusting a FMAP
already calculated as of the date of the enactment of this Act
for a State with a significantly disproportionate employer
pension and insurance fund contribution, the Secretary of
Health and Human Services shall use the personal income data
set originally used in calculating such FMAP.
(3) Special adjustment for negative growth.--If in any
calendar year the total personal income growth in a State is
negative, an employer pension and insurance fund contribution
for the purposes of calculating the State's FMAP for a calendar
year shall not exceed 125 percent of the amount of such
contribution for the previous calendar year for the State.
(c) Hold Harmless.--No State shall have its FMAP for a fiscal year
reduced as a result of the application of this section.
(d) Report.--Not later than May 15, 2008, the Secretary of Health
and Human Services shall submit to Congress a report on the problems
presented by the current treatment of pension and insurance fund
contributions in the use of Bureau of Economic Affairs calculations for
the FMAP and for Medicaid and on possible alternative methodologies to
mitigate such problems.
(e) FMAP Defined.--For purposes of this section, the term ``FMAP''
means the Federal medical assistance percentage, as defined in section
1905(b) of the Social Security Act (42 U.S.C. 1396(d)). | Provides that, if the federal medical assistance percentage (FMAP) determined under title XIX (Medicaid) of the Social Security Act without regard to this Act for a state for FY2008 is less than the FMAP as so determined for FY2007, the FY2007 FMAP shall be substituted for the FMAP for the third and fourth calendar quarters of FY2008, before the application of this Act.
Provides that, if the FMAP determined without regard to this Act for a state for FY2009 is less than the FMAP as so determined for FY2008, the FY2008 FMAP shall be substituted for the FMAP for the first, second, and third calendar quarters of FY2009, before the application of this Act.
Provides that, for each eligible state for the third and fourth calendar quarters of FY2008, and for the first, second, and third calendar quarters of FY2009, the FMAP shall be increased by 2.95 percentage points.
Provides for an increase in the cap on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.
Declares that, only for FMAP computation purposes, any significant disproportionate employer pension or insurance fund contribution shall be disregarded in computing the per capita income of a state, but not in computing the per capita income for the continental United States (and Alaska) and Hawaii. | {"src": "billsum_train", "title": "To provide for a temporary increase of the Federal medical assistance percentage under the Medicaid Program, and for other purposes."} | 1,861 | 298 | 0.735548 | 2.395513 | 0.740022 | 5.826087 | 6.371542 | 0.932806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Investments for a
Sustainable Economy Act of 2018'' or the ``RISE Act of 2018''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) continued inaction by the Federal Government with
respect to addressing climate change poses a significant threat
to the growth and stability of the economy and population of
the United States;
(2) pension and retirement funds are vulnerable to distinct
risks relating to climate change, including--
(A) climate impact risks, including sea level rise,
heat waves, desertification, ocean acidification,
flooding, drought, extreme weather, and wildfires;
(B) carbon-constrained demand risks, including
stranded carbon assets, which financial institutions
have estimated as having a value of
$100,000,000,000,000; and
(C) climate liability risks, including from
evolving interpretations of fiduciary and tortious
duties of care; and
(3) assessing the potential impact of climate-related risks
on national and international financial systems, including
retirement savings accounts and pensions, is an urgent concern.
SEC. 3. CLIMATE CHOICE STOCK INDEX FUND.
Section 8438 of title 5, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (4) through (10) as
paragraphs (7) through (13), respectively;
(B) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (4), and (5), respectively;
(C) by inserting before paragraph (2), as so
redesignated, the following:
``(1) the term `Climate Choice Stock Index Fund' means the
Climate Choice Stock Index Fund established under subsection
(b)(1)(G);'';
(D) by inserting after paragraph (2), as so
redesignated, the following:
``(3) the term `entity' means any sole proprietorship,
organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership,
limited liability company, or other business association,
including any wholly-owned subsidiary, majority-owned
subsidiary, parent-country national, or affiliate of the
business association, that exists for the purpose of making
profit;''; and
(E) by inserting after paragraph (5), as so
redesignated, the following:
``(6) the term `fossil fuel entity' means any entity--
``(A) with proven carbon reserves; or
``(B) that explores for, extracts, processes,
refines, or transmits coal, oil, gas, oil shale, or tar
sands;''; and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking
``and'' at the end;
(ii) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) a Climate Choice Stock Index Fund as provided
in paragraph (6).''; and
(B) by adding at the end the following:
``(6)(A) The Board shall select an index which is a
commonly recognized index comprised of common stock.
``(B) The historical performance of the index selected
under subparagraph (A) shall be comparable to that of the other
investment funds and options available under this subsection.
``(C) The Climate Choice Stock Index Fund shall be invested
in a portfolio that is designed--
``(i) to replicate the performance of the index
selected under subparagraph (A);
``(ii) such that, to the extent practicable, the
percentage of the Climate Choice Stock Index Fund that
is invested in each stock is the same as the percentage
determined by dividing the aggregate market value of
all shares of that stock by the aggregate market value
of all shares of all stocks included in the index
selected under subparagraph (A); and
``(iii) to ensure that no investment in the
portfolio is an investment with respect to a fossil
fuel entity.''.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
(a) Definition.--In this section, the term ``fossil fuel entity''
has the meaning given the term in section 8438(a) of title 5, United
States Code, as amended by this Act.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report that--
(1) analyzes, as of that date of enactment--
(A) the proportion of the stocks, bonds, and other
obligations held by the Thrift Savings Fund that are
stocks, bonds, or other obligations of a fossil fuel
entity; and
(B) the effect on individuals holding accounts in
the Thrift Savings Fund of the Thrift Savings Fund
holding stocks, bonds, or other obligations of fossil
fuel entities under the climate policies that would be
needed to limit global temperature increase to 2
degrees Celsius, given technology that is available and
economically feasible as of that date of enactment; and
(2) provides a plan and mechanism that would allow the
Federal Retirement Thrift Investment Board to divest from
fossil fuel entities to prevent or mitigate any negative
investment risk on individuals holding accounts in the Thrift
Savings Fund. | Retirement Investments for a Sustainable Economy Act of 2018 or the RISE Act of 2018 This bill establishes a new fund—the Climate Choice Stock Index Fund—as an investment option under the Thrift Savings Plan. The Climate Choice Stock Index Fund must be invested in a portfolio that is designed to replicate the performance of a commonly recognized index comprised of common stock and to ensure that no investment in the portfolio is an investment in a fossil fuel entity. | {"src": "billsum_train", "title": "Retirement Investments for a Sustainable Economy Act of 2018"} | 1,194 | 107 | 0.428452 | 1.297511 | 0.474025 | 3.864198 | 14.209877 | 0.901235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Drinking Water Act Improved
Compliance Awareness Act''.
SEC. 2. ENFORCEMENT OF DRINKING WATER REGULATIONS.
Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g-
3(c)) is amended--
(1) in the header, by inserting ``States, the
Administrator, and'' before ``Persons Served'';
(2) in paragraph (1)--
(A) in subparagraph (C), by striking ``paragraph
(2)(E)'' and inserting ``paragraph (2)(F)''; and
(B) by adding at the end the following:
``(D) Notice of any exceedance at the 90th
percentile of a lead action level in a regulation
promulgated under section 1412.'';
(3) in paragraph (2)--
(A) in subparagraph (B), by striking ``subparagraph
(D)'' and inserting ``subparagraph (E)'';
(B) in subparagraph (C)--
(i) in the header, by striking
``Violations'' and inserting ``Notice of
violations'';
(ii) in the matter preceding clause (i)--
(I) by inserting ``, and each
exceedance described in paragraph
(1)(D),'' after ``for each violation'';
and
(II) by inserting ``or exceedance''
after ``Each notice of violation'';
(iii) by inserting ``or exceedance'' after
``the violation'' each place it appears; and
(iv) in clause (iv)--
(I) in subclause (I), by striking
``broadcast media'' and inserting
``media, including broadcast media,'';
(II) in subclause (II)--
(aa) by striking ``in a
newspaper of general
circulation serving the area''
and inserting ``for circulation
in the affected area, including
in a newspaper of general
circulation serving the
area,''; and
(bb) by striking ``or the
date of publication of the next
issue of the newspaper''; and
(III) in subclause (III), by
striking ``in lieu of notification by
means of broadcast media or
newspaper'';
(C) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(D) by inserting after subparagraph (C) the
following:
``(D) Notice by administrator.--If, after 24 hours
after the Administrator's notification under subsection
(a)(1)(A), the State with primary enforcement
responsibility or the owner or operator of the public
water system has not issued a notice that is required
under subparagraph (C) for an exceedance described in
paragraph (1)(D), the Administrator shall issue such
required notice pursuant to this paragraph.'';
(4) in paragraph (3)(B)--
(A) by striking ``subparagraph (A) and'' and
inserting ``subparagraph (A),''; and
(B) by striking ``subparagraph (C) or (D) of
paragraph (2)'' and inserting ``subparagraph (C) or (E)
of paragraph (2), and notices issued by the
Administrator with respect to public water systems
serving Indian Tribes under subparagraph (D) of such
paragraph'';
(5) in paragraph (4)(B)--
(A) in clause (ii), by striking ``the terms'' and
inserting ``the terms `action level',''; and
(B) in clause (iii), by striking ``and (IV)'' and
inserting ``(IV) the action level for the contaminant,
and (V)''; and
(6) by adding at the end the following:
``(5) Exceedance of safe lead level.--
``(A) Strategic plan.--Not later than 120 days
after the date of enactment of this paragraph, the
Administrator shall, in collaboration with owners and
operators of public water systems and States, establish
a strategic plan for how the Administrator, a State
with primary enforcement responsibility, and owners and
operators of public water systems shall conduct
targeted outreach, education, technical assistance, and
risk communication to populations affected by lead in a
public water system, including dissemination of
information described in subparagraph (C).
``(B) EPA initiation of notice.--
``(i) Forwarding of data by employee of
epa.--If the Environmental Protection Agency
develops or receives, from a source other than
the State or the public water system, data,
which meets the requirements of section
1412(b)(3)(A)(ii), indicating that the drinking
water of a person served by a public water
system contains a level of lead that exceeds a
lead action level promulgated under section
1412, the Administrator shall require an
appropriate employee of the Agency to forward
such data to the owner or operator of the
public water system and to the State in which
the exceedance occurred within a time period
established by the Administrator.
``(ii) Dissemination of information by
owner or operator.--If an owner or operator of
a public water system receives a notice under
clause (i), the owner or operator, within a
time period established by the Administrator,
shall disseminate to affected persons the
information described in subparagraph (C).
``(iii) Consultation.--
``(I) Deadline.--With respect to an
exceedance at the 90th percentile of a
lead action level in a regulation
promulgated under section 1412, if the
owner or operator of the public water
system does not disseminate, in the
time period established by the
Administrator, the information
described in subparagraph (C), as
required under clause (ii), not later
than 24 hours after becoming aware of
such failure to disseminate, the
Administrator shall consult, within a
period not to exceed 24 hours, with the
applicable Governor to develop a plan,
in accordance with the strategic plan,
to disseminate such information to
affected persons within 24 hours of the
end of such consultation period.
``(II) Delegation.--The
Administrator may only delegate the
duty to consult under this clause to an
employee of the Environmental
Protection Agency who is working in the
Office of Water, at the headquarters of
the Agency, at the time of such
delegation.
``(iv) Dissemination by administrator.--The
Administrator shall, as soon as reasonably
possible, disseminate to affected persons the
information described subparagraph (C) if--
``(I) the Administrator and the
applicable Governor do not agree on a
plan described in clause (iii)(I)
during the consultation period under
such clause; or
``(II) the applicable Governor does
not disseminate the information within
24 hours of the end of such
consultation period.
``(C) Information required.--Information required
to be disseminated under this paragraph shall include a
clear explanation of the exceedance of a lead action
level, its potential adverse effects on human health,
the steps that the owner or operator of the public
water system is taking to correct the exceedance, and
the necessity of seeking alternative water supplies
until the exceedance is corrected.
``(6) Privacy.--Any notice under this subsection to the
public or an affected person shall protect the privacy of
individual customer information.''.
SEC. 3. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX.
Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is
amended--
(1) by amending subsection (a)(2)(A) to read as follows:
``(A) In general.--
``(i) Identification and notice.--Each
owner or operator of a public water system
shall identify and provide notice to persons
who may be affected by--
``(I) lead contamination of their
drinking water where such contamination
results from--
``(aa) the lead content in
the construction materials of
the public water distribution
system; or
``(bb) corrosivity of the
water supply sufficient to
cause leaching of lead; or
``(II) an exceedance at the 90th
percentile of a lead action level in a
regulation promulgated under section
1412.
``(ii) Manner and form.--Notice under this
paragraph shall be provided in such manner and
form as may be reasonably required by the
Administrator. Notwithstanding clause (i)(II),
notice under this paragraph shall be provided
notwithstanding the absence of a violation of
any national drinking water standard.'';
(2) in subsection (b)(2)--
(A) by striking ``The requirements'' and inserting
the following:
``(A) In general.--The requirements''; and
(B) by adding at the end the following:
``Enforcement of such requirements shall be carried out
by a State with primary enforcement responsibility or
the Administrator, as appropriate.
``(B) Notification by administrator.--In the case
of an exceedance described in subsection
(a)(2)(A)(i)(II), if the public water system or the
State in which the public water system is located does
not notify the persons who may be affected by such
exceedance in accordance with subsection (a)(2), the
Administrator shall notify such persons of such
exceedance in accordance with subsection (a)(2),
including notification of the relevant concentrations
of lead. Such notice shall protect the privacy of
individual customer information.''; and
(3) by adding at the end the following:
``(f) Public Education.--
``(1) In general.--The Administrator shall make information
available to the public regarding lead in drinking water,
including information regarding--
``(A) risks associated with lead in drinking water;
``(B) the likelihood that drinking water in a
residence may contain lead;
``(C) steps States, public water systems, and
consumers can take to reduce the risks of lead; and
``(D) the availability of additional resources that
consumers can use to minimize lead exposure, including
information on how to sample for lead in drinking
water.
``(2) Vulnerable populations.--In making information
available to the public under this subsection, the
Administrator shall carry out targeted outreach strategies that
focus on educating groups within the general population that
may be at greater risk than the general population of adverse
health effects from exposure to lead in drinking water.''.
Passed the House of Representatives February 10, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Safe Drinking Water Act Improved Compliance Awareness Act (Sec. 2) This bill amends the Safe Drinking Water Act to require public water systems to notify their customers when a lead action level under national drinking water regulations is exceeded in more than 10% of customer taps sampled. (An action level is a level of contaminates which triggers a requirement for the public water system to take additional actions to control corrosion.) The Environmental Protection Agency (EPA) must notify customers if the state or the public water system fails to notify the public within 24 hours of receiving notice from the EPA. Community water systems' consumer confidence reports must include: (1) a definition of "action level," and (2) the action level for contaminants detected in water provided by the public water system. The EPA must establish a strategic plan for conducting targeted outreach, education, technical assistance, and risk communication to populations affected by lead in the public water system. EPA employees must forward to the public water system and to the state information indicating that drinking water contains lead that exceeds a lead action level. The public water system must then disseminate this information to its customers along with its potential adverse effects on human health, corrective steps underway, and advice on whether customers should seek alternative water supplies. If the public water system or the state fails to disseminate the information, the EPA must disseminate it as soon as reasonably possible. (Sec. 3) The EPA must: (1) make information about lead in drinking water available to the public, and (2) carry out targeted outreach strategies that focus on educating groups that are at greater risk than the general population for adverse health effects from exposure to lead in drinking water. | {"src": "billsum_train", "title": "Safe Drinking Water Act Improved Compliance Awareness Act"} | 2,421 | 369 | 0.393856 | 1.206176 | 0.654624 | 3.117825 | 6.643505 | 0.845921 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Priorities Act of 2007''.
SEC. 2. FINDINGS.
The Senate finds the following:
(1) The United States has the highest rate of poverty and
the highest rate of childhood poverty among 17 major countries
in the Organization for Economic Cooperation and Development,
including Germany, France, Italy, the United Kingdom, Canada,
Australia, Austria, Belgium, Denmark, Finland, Ireland, the
Netherlands, Norway, Spain, Sweden, and Switzerland.
(2) 36,950,000 Americans are living in poverty, an increase
of 5,400,000 since 2000.
(3) 12,896,000 children in the United States under the age
of 18 lived in poverty in 2005, and the number of children
living in extreme poverty rose by 87,000 from 2004 to 2005.
(4) In 2005, an estimated 33 percent of the homeless
population were children and an estimated 1,350,000 children
will experience homelessness in a year.
(5) The number of uninsured Americans rose to 46,577,000 in
2005, 1,272,000 more than in the previous year, and the number
of Americans without health insurance has risen for 4
consecutive years.
(6) The United States Government must provide the funding
necessary to ensure that our Nation's veterans receive the
health care and other benefits they deserve and have earned in
a timely fashion.
(7) Millions of middle class American families are finding
it increasingly difficult to afford the escalating cost of a
college education with average tuition and other costs
increasing by more than $4,300 at 4-year public universities
and over $8,000 at 4-year private colleges since 2001.
(8) The Surgeon General of the United States has reported
that tooth decay has become the single most common chronic
childhood disease--5 times more common than asthma and 7 times
more common than hay fever.
(9) Surveys have shown that dental problems cause children
to miss more than 51,000,000 hours of school and adults to miss
more than 164,000,000 hours of work each year.
(10) In 42 States, child care fees are higher than tuition
at a 4-year public university.
(11) Seriously investing in renewable energy, energy
efficient appliances, public transit, and high speed rail would
create millions of decent-paying jobs, reduce our dependence on
dirty fossil fuels, and reduce global warming.
(12) The Department of Defense's increasingly large budget
provides for total defense spending that is greater than that
of the other 192 countries in the world combined.
(13) The Government Accountability Office estimated in 2003
that the Department of Defense could not account for over
$1,000,000,000,000 in funds appropriated to the Department of
Defense.
(14) The United States has the largest gap between the rich
and the poor of any major industrialized country.
(15) The wealthiest 400 Americans saw their combined net
worth increase by $120,000,000,000 from 2004 to 2005.
(16) The richest 400 Americans have a combined net worth of
$1,250,000,000,000 equaling the annual income of over 45
percent of the entire world's population or 2,500,000,000
people. Of the world's 793 billionaires, over 400 are
Americans. In 1989, we only had 66 billionaires in this
country.
(17) According to a December 2006 report by the
Congressional Budget Office, the average after-tax income of
the richest 1 percent of households rose from $722,000 in 2003
to $868,000 in 2004, after adjusting for inflation, a one-year
increase of nearly $146,000, or 20 percent. This represents the
largest increase in 15 years, measured both in percentage terms
and in real dollars.
(18) Median household income for working age families has
declined for 5 years in a row.
(19) During the presidency of George W. Bush, the United
States has experienced the 3 largest Federal deficits in
history, and the national debt has skyrocketed, attributable in
large part to tax breaks to the wealthiest 1 percent.
(20) The United States has a moral responsibility to expand
the middle class, reduce the gap between the rich and the poor,
keep our promises to veterans, lower the poverty rate, and
reduce the Federal deficit by repealing tax breaks for the
wealthiest 1 percent and eliminating waste, fraud, and abuse at
the Pentagon.
SEC. 3. RECISION OF 2001-2004 TAX CUTS FOR TOP ONE PERCENT OF INCOME
EARNERS.
With respect to any individual whose gross income for taxable year
2008 exceeds $400,000--
(1) section 901(a)(1) of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (relating to sunset of provisions of
Act) shall be applied by substituting ``after December 31,
2007, and before January 1, 2009'' for ``after December 31,
2010'', and
(2) section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (relating to sunset of title) shall
be applied by substituting ``after December 31, 2007'' for
``after December 31, 2008''.
The Secretary of the Treasury shall provide such forms as necessary to
carry out the purposes of this section.
SEC. 4. REDUCTION IN WASTE, FRAUD, AND ABUSE AT THE PENTAGON.
Notwithstanding any other provision of law, Federal funding
appropriated for the Department of Defense for fiscal year 2008 shall
be reduced by $60,000,000,000. The Secretary of Defense is authorized
to make such reductions by eliminating waste, fraud, and abuse, and
weapon systems and other programs that are determined not to be a
priority for current national security needs since the end of the Cold
War. None of these reductions shall be made that harm the basic needs
of United States military personnel or their quality of life, including
necessary pay increases and health care.
SEC. 5. EXPANSION OF INVESTMENTS FOR MIDDLE CLASS, VETERANS, SENIOR
CITIZENS ON FIXED INCOME, AND LOW-INCOME FAMILIES WITH
CHILDREN, AND DEFICIT REDUCTION.
From amounts made available under sections 3 and 4, for fiscal year
2008--
(1) $575,000,000 shall be made available for consolidated
health centers under section 330 of the Public Health Service
Act (42 U.S.C. 254b);
(2) $140,000,000 shall be made available to the Secretary
of Health and Human Services for the workforce, capital, and
equipment needed to establish or expand oral health services at
community health centers and other community-based sites
pursuant to subsequent authorization;
(3) $15,000,000,000 shall be made available to carry out
State child health plans under title XXI of the Social Security
Act (42 U.S.C. 1397aa et seq.);
(4) $4,000,000,000 shall be made available to the Secretary
of Veterans Affairs to ensure that veterans receive the health
care and other benefits that such veterans were promised
without being put on a waiting list pursuant to subsequent
authorization;
(5) $2,200,000,000 shall be made available to carry out the
Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.);
(6) $7,200,000,000 shall be made available to carry out the
Head Start Act (42 U.S.C. 9831 et seq.);
(7) $14,900,000,000 shall be made available to carry out
the grant program under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
(8) $16,200,000,000 shall be made available for the
Secretary of Education to increase the maximum Pell Grant
pursuant to subsequent authorization;
(9) $500,000,000 shall be made available to the Secretary
of Education to carry out the Federal TRIO programs and Gaining
Early Awareness and Readiness for Undergraduate Program under
the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.);
(10) $27,085,000,000 shall be made available to the
Secretary of Energy, Secretary of Transportation, and the
Administrator of the Environmental Protection Agency for
programs to increase energy efficiency and conservation and to
increase investment in sustainable and renewable energy
alternatives, public transit, and high speed rail pursuant to
subsequent authorization;
(11) $5,000,000,000 shall be made available to the
Secretary of Housing and Urban Development to establish a
national affordable housing trust fund for the construction,
preservation, and rehabilitation of at least 150,000 affordable
housing rental units in mixed-income locations in order to
create 180,000 jobs pursuant to subsequent authorization;
(12) $7,200,000,000 shall be made available to the
Secretary of the Treasury to expand the earned income tax
credit under section 32 of the Internal Revenue Code of 1986
pursuant to subsequent authorization; and
(13) $30,000,000,000 shall be made available to reduce the
Federal deficit. | National Priorities Act of 2007 - Rescinds after 2008 income tax reductions enacted under the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003 for taxpayers with gross incomes in 2008 of over $400,000.
Reduces funding for the Department of Defense by $60 billion in FY2008. Authorizes the Secretary of Defense to make reductions by eliminating waste, fraud, and abuse, and weapon systems and other programs determined to be no longer a national security priority. Exempts from such reductions the needs of military personnel, including pay increases and health care.
Dedicates increases in revenues resulting from this Act to: (1) various programs for health care, education, energy conservation, and affordable housing; (2) increasing the earned income credit; and (3) reducing the federal deficit. | {"src": "billsum_train", "title": "A bill to expand the middle class, reduce the gap between the rich and the poor, keep our promises to veterans, lower the poverty rate, and reduce the Federal deficit by repealing tax breaks for the wealthiest one percent and eliminating unnecessary Cold War era defense spending, and for other purposes."} | 1,837 | 174 | 0.342459 | 1.015614 | 0.750969 | 3.132075 | 11.163522 | 0.893082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Credit Scores Act of
2013''.
SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES.
(a) In General.--Section 609 of the Fair Credit Reporting Act (15
U.S.C. 1681g) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end and inserting a
period;
(B) by striking ``except that--'' and all that
follows through ``(A) if the'' and inserting ``except
that, if the''; and
(C) by striking subparagraph (B);
(2) in subsection (a), by adding at the end the following:
``(7) All consumer reporting agencies described in section
603(p) shall disclose a current credit score generated using
the scoring algorithm, formula, model, program or mechanism
that is most frequently used to generate scores sold to
creditors, subject to regulations of the Bureau, along with any
information in the consumer's file at the time of the request
concerning credit scores or any other risk scores or predictors
relating to the consumer, if such request is made in connection
with a free annual disclosure made pursuant to section 612(a).
``(8) Such other consumer information as the Bureau
considers appropriate with respect to consumer financial
education, including the information required by subsection
(f)(1), information on where the credit score of the consumer
falls with respect to a range of possible credit scores, and
the general factors contributing to the credit scores of
consumers.''; and
(3) in subsection (f)--
(A) by striking ``Upon the request'' and all that
follows through subparagraph (A) and inserting the
following:
``(1) In general.--Upon request of a consumer for a credit
score or a risk score, a consumer reporting agency shall supply
to the consumer--
``(A) any credit score or risk score in the file of
the consumer at the consumer reporting agency;'';
(B) in paragraph (2)--
(i) by redesignating subparagraph (B) as
subparagraph (C); and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) Credit score.--The term `credit score' means
a numerical value or a categorization derived from a
statistical tool or modeling system used by a person
who makes or arranges a loan to predict the likelihood
of certain credit behaviors, including default.
``(B) Risk score.--The term `risk score' means a
numerical value or a categorization derived from a
statistical tool or modeling system based upon
information from a consumer report for the purpose of
predicting the likelihood of certain behaviors or
outcomes, and includes scores used for the underwriting
of insurance.'';
(C) by striking paragraph (6) and inserting the
following:
``(6) Maintenance of credit scores.--All consumer reporting
agencies shall maintain in the consumer's file credit scores or
any other risk scores or predictors relating to the consumer
for a period of no less than 1 year from the date on which such
information is generated.'';
(D) by striking paragraph (7); and
(E) in paragraph (8), by inserting before the
period at the end the following: ``, except that a
consumer reporting agency described in section 603(p)
shall provide a credit score without charge to the
consumer if the consumer is requesting the score in
connection with a free annual disclosure made pursuant
to section 612(a)''.
(b) Inclusion in Free Reports.--Section 612 of the Fair Credit
Reporting Act (15 U.S.C. 1681j) is amended--
(1) in subsection (a)(1)(A), by striking ``(w)'' and
inserting ``(x)''; and
(2) in subsection (g)--
(A) in paragraph (1)--
(i) by striking ``free credit report'' and
inserting ``free or low cost credit report or
credit score''; and
(ii) by inserting ``and free credit
scores'' after ``free credit reports''; and
(B) in paragraph (2)--
(i) by striking ``televison'' and inserting
``television''; and
(ii) by inserting ``or free credit score,
as applicable,'' after ``free credit report''.
(c) Technical Corrections.--The Fair Credit Reporting Act (15
U.S.C. 1681a et seq.) is amended--
(1) in section 603(d)(2)(D) (15 U.S.C. 1681a(d)(2)(D)), by
striking ``subsection (o) or (x)'' and inserting with
``subsection (o) or (y)'';
(2) in section 603(i)(1)(C) (15 U.S.C. 1681a(i)(1)(C)), by
striking the period at the end and inserting ``; and'';
(3) in section 609(c)(1) (15 U.S.C. 1681g(c)(1))--
(A) in the paragraph heading, by striking
``Commission'' and inserting ``Bureau'';
(B) in subparagraph (A), by striking ``Commission''
and inserting ``Bureau'';
(C) in subparagraph (B)(vi), by striking ``section
603(w)'' and inserting ``section 603(x)''; and
(D) in subparagraph (C), by striking ``Commission''
and inserting ``Bureau''; and
(4) in section 612(a)(1) (15 U.S.C. 1681j(a)(1))--
(A) in subparagraph (A), by striking ``subsections
(p) and (w)'' and inserting ``subsections (p) and
(x)'';
(B) in subparagraph (C)(i)--
(i) by striking ``Commission'' and
inserting ``Bureau''; and
(ii) by striking ``section 603(w)'' and
inserting ``section 603(x)'';
(C) in subparagraph (C)(iii), by striking
``Commission'' and inserting ``Bureau''; and
(D) in subparagraph (C)(iv), by striking ``section
603(w)'' and inserting ``section 603(x)''.
SEC. 3. RULEMAKING.
Not later than 180 days after the date of enactment of this Act,
the Bureau of Consumer Financial Protection shall develop regulations
establishing a mandatory disclosure format for consumer file
disclosures pursuant to section 612(a)(1)(B) of the Fair Credit
Reporting Act (15 U.S.C. 1681j(a)(1)(B)).
SEC. 4. TECHNICAL CORRECTION.
Section 615(h)(8)(A) of the Fair Credit Reporting Act (15 U.S.C.
1681m(h)(8)(A)) is amended by striking ``this section'' and inserting
``this subsection''. | Fair Access to Credit Scores Act of 2013 - Amends the Fair Credit Reporting Act to require certain consumer reporting agencies to disclose, without charge, as part of a consumer's free annual disclosure upon request, a current credit score generated using the scoring methodology most frequently used to generate scores sold to creditors, including information regarding other risk scores or predictors in the consumer's file. Requires the agencies also to furnish such other consumer information as the Consumer Financial Protection Bureau (CFPB) considers appropriate with respect to consumer financial education, including where the consumer's credit score falls with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers. Requires such agencies, upon consumer request for either a credit score or a risk score, to supply any such score in the consumer's file at the agency. Requires the agencies to maintain credit scores or other risk scores or predictors in the consumer's file for at least one year after the data is generated. Directs the CFPB to develop regulations establishing a mandatory format for consumer file disclosures. | {"src": "billsum_train", "title": "Fair Access to Credit Scores Act of 2013"} | 1,687 | 242 | 0.661854 | 1.772838 | 0.948582 | 3.937198 | 6.73913 | 0.903382 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preparing More Welfare Recipients
for Work Act''.
SEC. 2. IMPROVING COUNTING OF REQUIRED HOURS OF PARTICIPATION IN WORK
ACTIVITIES.
(a) Elimination of Distinction Between Core and Non-Core Work
Activities.--Section 407(c)(1)(A) of the Social Security Act (42 U.S.C.
607(c)(1)(A)) is amended by striking ``, not fewer than 20 hours per
week of which are attributable to an activity described in paragraph
(1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d)''.
(b) Allowing States To Receive Partial Credit for Partial
Engagement.--Section 407(c)(1)(B) of such Act (42 U.S.C. 607(c)(1)(B))
is amended to read as follows:
``(B) Partial credit for families participating for
less than the minimum hours required.--If a family
receiving assistance under the State program funded
under this part includes an adult or minor child head
of household receiving the assistance who has
participated in work activities for an average of 15
hours (or 10 hours, in the case of a single parent
specified in paragraph (2)(B)) per week during a month,
the family shall count as 0.5 of a family for purposes
of calculating the number described in subsection
(b)(1)(B)(i) for the month.''.
(c) State Option To Request Alternate Work Participation Rate
Calculation.--Section 407(a) of such Act (42 U.S.C. 607(a)) is amended
by adding at the end the following:
``(3) State option to request alternate work participation
rate calculation.--
``(A) Application.--A State may apply to the
Secretary to apply subparagraph (C) with respect to the
State.
``(B) Approval of application.--The Secretary may
approve the application if the State demonstrates to
the Secretary (in accordance with such guidelines as
the Secretary shall establish) that the State has
systems and mechanisms in place to accurately record
individual hours of participation in work activities
that accurately reflects the number of hours of
participation of the individuals required to
participate in the activities.
``(C) Alternative calculation.--A State whose
application under this paragraph is approved by the
Secretary shall be considered to be in compliance with
this subsection for a month in a fiscal year if the sum
of the total number of hours during which the
recipients of assistance under the State program funded
under this part who are required to be participating in
work activities during the month have participated in
the activities is not less than the percentage equal to
the minimum participation rate in effect under
paragraph (1) for the fiscal year, multiplied by the
sum of--
``(i) 30 times the number of the recipients
who are so required to participate for an
average of at least 30 hours per week in the
month (as determined by the State); and
``(ii) 20 times the number of the
recipients who are so required to participate
for an average of at least 20 hours per week in
the month (as so determined).''.
(d) Modifications to Counting Job Search as Work.--Section
407(c)(2)(A) of such Act (42 U.S.C. 607(c)(2)(A)) is amended to read as
follows:
``(A) Counting of job search as work.--After the
participation of an individual in an activity described
in subsection (d)(6) of this section of a State program
funded under this part or any other State program
funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)) has been counted for 3 months
as participation in a work activity, participation by
the individual in such an activity shall count towards
not more than half of the hours of participation in
work activities by the individual.''.
(e) Modification of Rule Providing for Participation by Reason of
Secondary School Attendance.--Section 407(c)(2)(C) of such Act (42
U.S.C. 607(c)(2)(C)) is amended--
(1) in the subparagraph heading, by striking ``Single teen
head of household or married teen'' and inserting
``Individual'';
(2) by striking ``is married or a head of household and'';
and
(3) by striking ``20 years'' and inserting ``26 years''.
(f) Requirement That State Meet With Individual Involved in Job
Readiness Activities for More Than 3 Months.--Section 407(c)(2) of such
Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the
following:
``(E) Periodic meeting with individuals
participating in job readiness assistance.--After an
individual has participated for 3 months in an activity
described in subsection (d)(12) of this section of a
State program funded under this part or any other State
program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)), the individual
shall not be considered to be engaged in work by reason
of participation in such an activity until the State
has met with the individual, and certified that
continued participation in such an activity is
necessary to help prepare the individual for, or
support the individual in, employment.''.
(g) Providing Child Care Assistance to Community Service
Participant Replaced by Job Readiness Assistance as Separate Work
Activity.--
(1) In general.--Section 407(d)(12) of such Act (42 U.S.C.
607(d)) is amended to read as follows:
``(12) job readiness assistance.''.
(2) Conforming amendment.--Section 407(d)(6) of such Act
(42 U.S.C. 607(d)) is amended by striking ``and job readiness
assistance''.
(h) Doubling of Limit on Counting Vocation Educational Training as
Work.--Section 407(d)(8) of such Act (42 U.S.C. 607(d)(8)) is amended
by striking ``12'' and inserting ``24''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2017. | Preparing More Welfare Recipients for Work Act This bill revises mandatory work requirements under the Temporary Assistance for Needy Families (TANF) program. Specifically, for purposes of counting work activities toward the satisfaction of such requirements, the bill: eliminates the distinction between core work activities and other specified work activities related to training and education; in general, eliminates separate requirements for two-parent families and other families; allows partial credit with respect to families that participate in work activities for fewer hours than required; allows states to request approval for an alternative work-participation rate calculation; limits, after three months of participation, the extent to which job-search activities shall be counted as work activities; modifies requirements for counting secondary-school attendance as work participation; removes from the definition of "work activities" the provision of child-care services to an individual who is participating in a community service program; and increases, from 12 to 24 months, the maximum period for which vocational educational training counts a work activities. | {"src": "billsum_train", "title": "Preparing More Welfare Recipients for Work Act"} | 1,478 | 279 | 0.485453 | 1.504647 | 0.689412 | 1.121053 | 6.421053 | 0.731579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive One-Call Notification
Act of 1997''.
SECTION 2. FINDINGS.
The Congress finds that--
(1) unintentional damage to underground facilities during
excavation is a significant cause of disruptions in
telecommunications, water supply, electric power and other
vital public services, such as hospital and air traffic control
operations, and is a leading cause of natural gas and hazardous
liquid pipeline accidents;
(2) excavation that is performed without prior notification
to an underground facility operator or with inaccurate marking
of such a facility prior to excavation can cause damage that
results in fatalities, serious injuries, harm to the
environment and disruption of vital services to the public; and
(3) protection of the public and the environment from the
consequences of underground facility damage caused by
excavations will be enhanced by a coordinated national effort
to improve one-call notification programs in each State and the
effectiveness and efficiency of one-call notification systems
that operate under such programs.
SEC. 3. ESTABLISHMENT OF ONE-CALL PROGRAM.
(a) In General.--Subtitle III of title 49, United States Code, is
amended by adding at the end thereof the following:
``CHAPTER 61--ONE-CALL NOTIFICATION
PROGRAM
``Sec.
``6101. Purposes.
``6102. Definitions.
``6103. Minimum standards for State one-call notification programs.
``6104. Compliance with minimum standards.
``6105. Review of one-call system best practices.
``6106. Grants to States.
``6107. Authorization of appropriations.
``Sec. 6101. PURPOSES
``The purposes of this chapter are--
``(1) to enhance public safety;
``(2) to protect the environment;
``(3) to minimize risks to excavators; and
``(4) to prevent disruption of vital public services,
by reducing the incidence of damage to underground facilities during
excavation through the adoption and efficient implementation by all
States of State one-call notification programs that meet the minimum
standards set forth under section 6103.
``Sec. 6102. DEFINITIONS
``For purposes of this chapter--
``(1) One-call notification system.--The term ``one-call
notification system'' means a system operated by an
organization that has as one of its purposes to receive
notification from excavators of intended excavation in a
specified area in order to disseminate such notification to
underground facility operators that are members of the system
so that such operators can locate and mark their facilities in
order to prevent damage to underground facilities in the course
of such excavation.
``(2) State one-call notification program.--The term
``State one-call notification program'' means the State
statutes, regulations, orders, judicial decisions, and other
elements of law and policy in effect in a State that establish
the requirements for the operation of one-call notification
systems in such State.
``(3) State.--The term `State' means a State, the District
of Columbia, and Puerto Rico.
``(4) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``Sec. 6103. MINIMUM STANDARDS FOR STATE ONE-CALL NOTIFICATION PROGRAMS
``(a) Minimum Standards.--A State one-call notification program
shall, at a minimum, provide for--
``(1) appropriate participation by all underground facility
operators;
``(2) appropriate participation by all excavators; and
``(3) flexible and effective enforcement under State law
with respect to participation in, and use of, one-call
notification systems.
``(b) Appropriate Participation.--In determining the appropriate
extent of participation required for types of underground facilities or
excavators under subsection (a), a State shall assess, rank, and take
into consideration the risks to the public safety, the environment,
excavators, and vital public services associated with
``(1) damage to types of underground facilities; and
``(2) activities of types of excavators.
``(c) Implementation.--A State one-call notification program also
shall, at a minimum, provide for
``(1) consideration of the ranking of risks under
subsection (b) in the enforcement of its provisions;
``(2) a reasonable relationship between the benefits of
one-call notification and the cost of implementing and
complying with the requirements of the State one-call
notification program; and
``(3) voluntary participation where the State determines
that a type of underground facility or an activity of a type of
excavator poses a de minimis risk to public safety or the
environment.
``(d) Penalties.--To the extent the State determines appropriate
and necessary to achieve the purposes of this chapter, a State one-call
notification program shall, at a minimum, provide for
``(1) administrative or civil penalties commensurate with
the seriousness of a violation by an excavator or facility
owner of a State one-call notification program;
``(2) increased penalties for parties that repeatedly
damage underground facilities because they fail to use one-call
notification systems or for parties that repeatedly fail to
provide timely and accurate marking after the required call has
been made to a one-call notification system;
``(3) reduced or waived penalties for a violation of a
requirement of a State one-call notification program that
results in, or could result in, damage that is promptly
reported by the violator;
``(4) equitable relief; and
``(5) citation of violations.
``Sec. 6104. COMPLIANCE WITH MINIMUM STANDARDS
``(a) Requirement.--In order to qualify for a grant under section
6106, each State shall, within 2 years after the date of the enactment
of the Comprehensive One-Call Notification Act of 1997, submit to the
Secretary a grant application under subsection (b).
``(b) Application.--
``(1) Upon application by a State, the Secretary shall
review that State's one-call notification program, including
the provisions for implementation of the program and the record
of compliance and enforcement under the program.
``(2) Based on the review under paragraph (1), the
Secretary shall determine whether the State's one-call
notification program meets the minimum standards for such a
program set forth in section 6103 in order to qualify for a
grant under section 6106.
``(3) In order to expedite compliance under this section,
the Secretary may consult with the State as to whether an
existing State one-call notification program, a specific
modification thereof, or a proposed State program would result
in a positive determination under paragraph (2).
``(4) The Secretary shall prescribe the form of, and manner
of filing, an application under this section that shall provide
sufficient information about a State's one-call notification
program for the Secretary to evaluate its overall
effectiveness. Such information may include the nature and
reasons for exceptions from required participation, the types
of enforcement available, and such other information as the
Secretary deems necessary.
``(5) The application of a State under paragraph (1) and
the record of actions of the Secretary under this section shall
be available to the public.
``(c) Alternative Program.--A State may maintain an alternative
one-call notification program if that program provides protection for
public safety, the environment, or excavators that is equivalent to, or
greater than, protection under a program that meets the minimum
standards set forth in section 6103.
``(d) Report.--Within 3 years after the date of the enactment of
the Comprehensive One-call Notification Act of 1997, the Secretary
shall begin to include the following information in reports submitted
under section 60124 of this title--
``(1) a description of the extent to which each State has
adopted and implemented the minimum Federal standards under
section 6103 or maintains an alternative program under
subsection (c);
``(2) an analysis by the Secretary of the overall
effectiveness of the State's one-call notification program and
the one-call notification systems operating under such program
in achieving the purposes of this chapter;
``(3) the impact of the State's decisions on the extent of
required participation in one-call notification systems on
prevention of damage to underground facilities; and
``(4) areas where improvements are needed in one-call
notification systems in operation in the State.
The report shall also include any recommendations the Secretary
determines appropriate. If the Secretary determines that the purposes
of this chapter have been substantially achieved, no further report
under this section shall be required.
``Sec. 6105. REVIEW OF ONE-CALL SYSTEM BEST PRACTICES
``(a) Study of Existing One-Call Systems.--Except as provided in
subsection (d), the Secretary, in consultation with other appropriate
Federal agencies, State agencies, one-call notification system
operators, underground facility operators, excavators, and other
interested parties, shall undertake a study of damage prevention
practices associated with existing one-call notification systems.
``(b) Purpose of Study of Damage Prevention Practices.--The purpose
of the study is to assemble information in order to determine which
existing one-call notification systems practices appear to be the most
effective in preventing damage to underground facilities and in
protecting the public, the environment, excavators, and public service
disruption. As part of the study, the Secretary shall at a minimum
consider--
``(1) the methods used by one-call notification systems and
others to encourage participation by excavators and owners of
underground facilities;
``(2) the methods by which one-call notification systems
promote awareness of their programs, including use of public
service announcements and educational materials and programs;
``(3) the methods by which one-call notification systems
receive and distribute information from excavators and
underground facility owners;
``(4) the use of any performance and service standards to
verify the effectiveness of a one-call notification system;
``(5) the effectiveness and accuracy of mapping used by
one-call notification systems;
``(6) the relationship between one-call notification
systems and preventing intentional damage to underground
facilities;
``(7) how one-call notification systems address the need
for rapid response to situations where the need to excavate is
urgent;
``(8) the extent to which accidents occur due to errors in
marking of underground facilities, untimely marking or errors
in the excavation process after a one-call notification system
has been notified of an excavation;
``(9) the extent to which personnel engaged in marking
underground facilities may be endangered;
``(10) the characteristics of damage prevention programs
the Secretary believes could be relevant to the effectiveness
of State one-call notification programs; and
``(11) the effectiveness of penalties and enforcement
activities under State one-call notification programs in
obtaining compliance with program requirements.
``(c) Report.--Within 1 year after the date of the enactment of the
Comprehensive One-Call Notification Act of 1997, the Secretary shall
publish a report identifying those practices of one-call notification
systems that are the most and least successful in--
``(1) preventing damage to underground facilities; and
``(2) providing effective and efficient service to
excavators and underground facility operators.
The Secretary shall encourage States and operators of one-call
notification programs to adopt and implement the most successful
practices identified in the report.
``(d) Secretarial Discretion.--Prior to undertaking the study
described in subsection (a), the Secretary shall determine whether
timely information described in subsection (b) is readily available. If
the Secretary determines that such information is readily available,
the Secretary is not required to carry out the study.
``6106. GRANTS TO STATES
``(a) In General.--The Secretary may make a grant of financial
assistance to a State that qualifies under section 6104(b) to assist in
improving--
``(1) the overall quality and effectiveness of one-call
notification systems in the State;
``(2) communications systems linking one-call notification
systems;
``(3) location capabilities, including training personnel
and developing and using location technology;
``(4) record retention and recording capabilities for one-
call notification systems;
``(5) public information and education;
``(6) participation in one-call notification systems; or
``(7) compliance and enforcement under the State one-call
notification program.
``(b) State Action Taken Into Account.--In making grants under this
section the Secretary shall take into consideration the commitment of
each State to improving its State one-call notification program,
including legislative and regulatory actions taken by the State after
the date of enactment of the Comprehensive One-Call Notification Act of
1997.
``(c) Funding for One-Call Notification Systems.--A State may
provide funds received under this section directly to any one-call
notification system in such State that substantially adopts the best
practices identified under section 6105.
``Sec. 6107. AUTHORIZATION OF APPROPRIATIONS
``(a) For Grants to States.--There are authorized to be
appropriated to the Secretary in fiscal year 1999 no more than
$1,000,000 and in fiscal year 2000 no more than $5,000,000, to be
available until expended, to provide grants to States under section
6106.
``(b) For Administration.--There are authorized to be appropriated
to the Secretary such sums as may be necessary during fiscal years
1998, 1999, and 2000 to carry out sections 6103, 6104, and 6105.
``(c) General Revenue Funding.--Any sums appropriated under this
section shall be derived from general revenues and may not be derived
from amounts collected under section 60301 of this title.''.
(b) Conforming Amendments.--
(1) The analysis of chapters for subtitle III of title 49,
United States Code, is amended by adding at the end thereof the
following:
``CHAPTER 61--ONE-CALL NOTIFICATION
PROGRAM''.
(2) Chapter 601 of title 49, United States Code, is amended
(A) by striking ``sections 60114 and'' in section
60105(a) of that chapter and inserting ``section'';
(B) by striking section 60114 and the item relating
to that section in the table of sections for that
chapter;
(C) by striking ``60114(c), 60118(a),'' in section
60122(a)(1) of that chapter and inserting
``60118(a),'';
(D) by striking ``60114(c) or'' in section 60123(a)
of that chapter;
(E) by striking ``sections 60107 and 60114(b)'' in
subsections (a) and (b) of section 60125 and inserting
``section 60107'' in each such subsection; and
(F) by striking subsection (d) of section 60125,
and redesignating subsections (e) and (f) of that
section as subsections (d) and (e).
Passed the Senate November 9, 1997.
Attest:
GARY SISCO,
Secretary. | Comprehensive One-Call Notification Act of 1997 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act.
Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption.
Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs.
Authorizes appropriations. | {"src": "billsum_train", "title": "Comprehensive One-Call Notification Act of 1997"} | 3,292 | 192 | 0.699715 | 1.970914 | 0.99878 | 5.936416 | 18.491329 | 0.953757 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rosie the Riveter/World War II Home
Front National Historical Park Establishment Act of 2000''.
SEC. 2. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL
PARK.
(a) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national historical
park certain sites, structures, and areas located in Richmond,
California, that are associated with the industrial, governmental, and
citizen efforts that led to victory in World War II, there is
established the Rosie the Riveter/World War II Home Front National
Historical Park (in this Act referred to as the ``park'').
(b) Areas Included.--The boundaries of the park shall be those
generally depicted on the map entitled ``Proposed Boundary Map, Rosie
the Riveter/World War II Home Front National Historical Park'' numbered
963/80000 and dated May 2000. The map shall be on file and available
for public inspection in the appropriate offices of the National Park
Service.
SEC. 3. ADMINISTRATION OF THE NATIONAL HISTORICAL PARK.
(a) In General.--
(1) General administration.--The Secretary of the Interior (in
this Act referred to as the ``Secretary'') shall administer the
park in accordance with this Act and the provisions of law
generally applicable to units of the National Park System,
including the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 35, 1916 (39
Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935
(49 Stat. 666; 16 U.S.C. 461-467).
(2) Specific authorities.--The Secretary may interpret the
story of Rosie the Riveter and the World War II home front, conduct
and maintain oral histories that relate to the World War II home
front theme, and provide technical assistance in the preservation
of historic properties that support this story.
(b) Cooperative Agreements.--
(1) General agreements.--The Secretary may enter into
cooperative agreements with the owners of the World War II Child
Development Centers, the World War II worker housing, the Kaiser-
Permanente Field Hospital, and Fire Station 67A, pursuant to which
the Secretary may mark, interpret, improve, restore, and provide
technical assistance with respect to the preservation and
interpretation of such properties. Such agreements shall contain,
but need not be limited to, provisions under which the Secretary
shall have the right of access at reasonable times to public
portions of the property for interpretive and other purposes, and
that no changes or alterations shall be made in the property except
by mutual agreement.
(2) Limited agreements.--The Secretary may consult and enter
into cooperative agreements with interested persons for
interpretation and technical assistance with the preservation of--
(A) the Ford Assembly Building;
(B) the intact dry docks/basin docks and five historic
structures at Richmond Shipyard #3;
(C) the Shimada Peace Memorial Park;
(D) Westshore Park;
(E) the Rosie the Riveter Memorial;
(F) Sheridan Observation Point Park;
(G) the Bay Trail/Esplanade;
(H) Vincent Park; and
(I) the vessel S.S. RED OAK VICTORY, and Whirley Cranes
associated with shipbuilding in Richmond.
(c) Education Center.--The Secretary may establish a World War II
Home Front Education Center in the Ford Assembly Building. Such center
shall include a program that allows for distance learning and linkages
to other representative sites across the country, for the purpose of
educating the public as to the significance of the site and the World
War II Home Front.
(d) Use of Federal Funds.--
(1) Non-federal matching.--(A) As a condition of expending any
funds appropriated to the Secretary for the purposes of the
cooperative agreements under subsection (b)(2), the Secretary shall
require that such expenditure must be matched by expenditure of an
equal amount of funds, goods, services, or in-kind contributions
provided by non-Federal sources.
(B) With the approval of the Secretary, any donation of
property, services, or goods from a non-Federal source may be
considered as a contribution of funds from a non-Federal source for
purposes of this paragraph.
(2) Cooperative agreement.--Any payment made by the Secretary
pursuant to a cooperative agreement under this section shall be
subject to an agreement that conversion, use, or disposal of the
project so assisted for purposes contrary to the purposes of this
Act, as determined by the Secretary, shall entitle the United
States to reimbursement of the greater of--
(A) all funds paid by the Secretary to such project; or
(B) the proportion of the increased value of the project
attributable to such payments, determined at the time of such
conversion, use, or disposal.
(e) Acquisition.--
(1) Ford assembly building.--The Secretary may acquire a
leasehold interest in the Ford Assembly Building for the purposes
of operating a World War II Home Front Education Center.
(2) Other facilities.--The Secretary may acquire, from willing
sellers, lands or interests in the World War II day care centers,
the World War II worker housing, the Kaiser-Permanente Field
Hospital, and Fire Station 67, through donation, purchase with
donated or appropriated funds, transfer from any other Federal
agency, or exchange.
(3) Artifacts.--The Secretary may acquire and provide for the
curation of historic artifacts that relate to the park.
(f) Donations.--The Secretary may accept and use donations of
funds, property, and services to carry out this Act.
(g) General Management Plan.--
(1) In general.--Not later than 3 complete fiscal years after
the date funds are made available, the Secretary shall prepare, in
consultation with the City of Richmond, California, and transmit to
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a general
management plan for the park in accordance with the provisions of
section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)),
popularly known as the National Park System General Authorities
Act, and other applicable law.
(2) Preservation of setting.--The general management plan shall
include a plan to preserve the historic setting of the Rosie the
Riveter/World War II Home Front National Historical Park, which
shall be jointly developed and approved by the City of Richmond.
(3) Additional sites.--The general management plan shall
include a determination of whether there are additional
representative sites in Richmond that should be added to the park
or sites in the rest of the United States that relate to the
industrial, governmental, and citizen efforts during World War II
that should be linked to and interpreted at the park. Such
determination shall consider any information or findings developed
in the National Park Service study of the World War II Home Front
under section 4.
SEC. 4. WORLD WAR II HOME FRONT STUDY.
The Secretary shall conduct a theme study of the World War II home
front to determine whether other sites in the United States meet the
criteria for potential inclusion in the National Park System in
accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Oral histories, preservation, and visitor services.--There
are authorized to be appropriated such sums as may be necessary to
conduct oral histories and to carry out the preservation,
interpretation, education, and other essential visitor services
provided for by this Act.
(2) Artifacts.--There are authorized to be appropriated
$1,000,000 for the acquisition and curation of historical artifacts
related to the park.
(b) Property Acquisition.--There are authorized to be appropriated
such sums as are necessary to acquire the properties listed in section
3(e)(2).
(c) Limitation on Use of Funds for S.S. RED OAK VICTORY.--None of
the funds authorized to be appropriated by this section may be used for
the operation, maintenance, or preservation of the vessel S.S. RED OAK
VICTORY.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Secretary of the Interior, in administering the Park, to enter into cooperative agreements with owners of the World War II Child Development Centers, the World War II worker housing, the Kaiser Permanente Field Hospital, and Fire Station 67A, pursuant to which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to their preservation and interpretation.
The Secretary may also enter into cooperative agreements with interested persons for interpretation and technical assistance with the preservation of the Rosie the Riveter Memorial, Vincent Park, the Shimada Peace Memorial Park, Westshore Park, the Ford Assembly Building, Sheridan Observation Point Park, the Bay Trail-Esplanade, the intact dry docks-basin docks and five historic structures at Richmond Shipyard #3, and the vessel S.S. RED OAK VICTORY (and Whirley Cranes associated with ship building in Richmond).
Authorizes the Secretary to establish a World War II Home Front Education Center in the Ford Assembly Building, including a program that allows for distance learning.
Requires 50 percent matching non-Federal funds under the cooperative agreements.
Requires the Secretary to submit to specified congressional committees a general management plan, which shall include a determination of whether there are additional representative sites in Richmond or in the United States relating to industrial, governmental, and citizen efforts during World War II that should be linked to and interpreted at the park.
Directs the Secretary to conduct a theme study of the World War II home front to determine whether other U.S. sites meet the criteria for potential inclusion in the National Park System.
Authorizes appropriations (but not for the operation or maintenance of the vessel S.S. RED OAK VICTORY). | {"src": "billsum_train", "title": "Rosie the Riveter-World War II Home Front National Historical Park Establishment Act of 2000"} | 1,859 | 384 | 0.590264 | 2.275143 | 0.829158 | 5.254717 | 5.308176 | 0.940252 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore our Neighborhoods Act of
2012''.
SEC. 2. CREDIT TO HOLDERS OF QUALIFIED URBAN DEMOLITION BONDS.
(a) In General.--Subpart I of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 54G. QUALIFIED URBAN DEMOLITION BONDS.
``(a) Qualified Urban Demolition Bond.--For purposes of this
subchapter, the term `qualified urban demolition bond' means any bond
issued as part of an issue if--
``(1) 100 percent of the available project proceeds of such
issue are to be used for expenditures incurred after the date
of the enactment of this section for 1 or more qualified
projects pursuant to an allocation of such proceeds to such
project or projects by a qualified issuer,
``(2) the bond is issued by a qualified issuer and is in
registered form (within the meaning of section 149(a)),
``(3) the qualified issuer designates such bond for
purposes of this section,
``(4) the term of each bond which is part of such issue
does not exceed 30 years,
``(5) such bond is issued during the 5-year period
beginning on the date of the enactment of this section, and
``(6) the issue meets the requirements of subsection (e).
``(b) Limitation on Amount of Bonds Designated.--
``(1) In general.--The maximum aggregate face amount of
bonds which may be designated under subsection (a) by a State
shall not exceed the qualified urban demolition bond limitation
amount allocated to such State under paragraph (3).
``(2) National qualified urban demolition bond limitation
amount.--There is a national qualified urban demolition bond
limitation amount of $4,000,000,000.
``(3) Allocation to states.--
``(A) In general.--The national qualified urban
demolition bond limitation shall be allocated by the
Secretary among the States on the following basis and
in such manner so as to ensure that all of such
limitation amount is allocated before the date which is
3 months after the date of the enactment of this
section:
``(i) $2,000,000,000 to be allocated among
the qualified States in accordance with
subparagraph (B), and
``(ii) $2,000,000,000 to be equally
allocated among all States.
``(B) Formula for allocation among qualified
states.--
``(i) In general.--The amount allocated to
a State under subparagraph (A)(i) shall be an
amount equal to the amount specified in
subparagraph (A)(i) multiplied by the ratio
that the nonseasonal vacant properties in the
State bears to the total nonseasonal vacant
properties of all qualified States.
``(ii) Nonseasonal vacant properties.--For
purposes of clause (i), nonseasonal vacant
properties shall be determined by the Secretary
on the basis of 2010 decennial census.
``(4) Allocation of limitation amount by states.--The
limitation amount allocated to a State under paragraph (3)
shall be allocated by the State to qualified issuers within
such State.
``(5) Reallocation of unused issuance limitation.--If at
the end of the 2-year period beginning on the date of the
enactment of this section, the national qualified urban
demolition bond limitation amount under paragraph (2) exceeds
the total amount of qualified urban demolition bonds issued
during such period, such excess shall be reallocated among the
qualified States in such manner as the Secretary determines
appropriate so as to ensure to the extent possible that all of
such limitation amount is issued in the form of qualified urban
demolition bonds before the end of the 5-year period beginning
on the date of the enactment of this section.
``(c) Qualified Project.--For purposes of this section, the term
`qualified project' means the direct and indirect demolition costs
properly attributable to any project proposed and approved by a
qualified issuer, but does not include costs of operation or
maintenance with respect to such project.
``(d) Applicable Credit Rate.--In lieu of section 54A(b)(3), for
purposes of section 54A(b)(2), the applicable credit rate with respect
to an issue under this section is the rate equal to an average market
yield (as of the day before the date of sale of the issue) on
outstanding long-term corporate debt obligations (determined in such
manner as the Secretary prescribes).
``(e) Special Rules Relating to Expenditures.--In lieu of
subparagraphs (A) and (B) of section 54A(d)--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of issuance,
the qualified issuer reasonably expects--
``(A) at least 100 percent of the available project
proceeds of such issue are to be spent for 1 or more
qualified projects within the 5-year expenditure period
beginning on such date, and
``(B) to incur a binding commitment with a third
party to spend at least 10 percent of the proceeds of
such issue with respect to such projects within the 12-
month period beginning on such date.
``(2) Rules regarding continuing compliance after 5-year
determination.--To the extent that less than 100 percent of the
available project proceeds of such issue are expended by the
close of the 5-year expenditure period beginning on the date of
issuance, the qualified issuer shall redeem all of the
nonqualified bonds within 90 days after the end of such period.
For purposes of this paragraph, the amount of the nonqualified
bonds required to be redeemed shall be determined in the same
manner as under section 142.
``(f) Recapture of Portion of Credit Where Cessation of
Compliance.--If any bond which when issued purported to be a qualified
urban demolition bond ceases to be such a bond, the qualified issuer
shall pay to the United States (at the time required by the Secretary)
an amount equal to the sum of--
``(1) the aggregate of the credits allowable under section
54A with respect to such bond (determined without regard to
section 54A(c)) for taxable years ending during the calendar
year in which such cessation occurs and each succeeding
calendar year ending with the calendar year in which such bond
is redeemed by the land bank, and
``(2) interest at the underpayment rate under section 6621
on the amount determined under paragraph (1) for each calendar
year for the period beginning on the first day of such calendar
year.
``(g) Other Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified issuer.--The term `qualified issuer'
means--
``(A) a State-authorized land bank, or
``(B) with respect a State that does not have one
or more State-authorized land banks, the State or any
political subdivision or instrumentality thereof.
``(2) State-authorized land bank.--The term `State-
authorized land bank' means a special unit of government or
public purpose corporation--
``(A) expressly charged under State law with the
reclamation, repurposing and redevelopment of vacant
and abandoned land,
``(B) enabled under State law to conduct large
scale demolition projects,
``(C) organized in a State which has enacted
legislation allowing for the expedited tax foreclosure
of vacant, abandoned, and tax delinquent property, and
``(D) which may include a joint venture among 2 or
more State-authorized land banks or among other
entities with whom such special unit of government or
public purpose corporation is authorized to enter into
a joint venture.
``(3) Qualified state.--The term `qualified State' means a
State which meets 3 of the following 4 requirements:
``(A) The State ranks in the top 20 among all
States in percentage change in nonseasonal vacancies in
the time period between the 2000 decennial census and
the 2010 decennial census.
``(B) The State ranks in the top 25 among all
States in unemployment rate (seasonally adjusted) for
the most recent 12-month period available.
``(C) The State ranks in the top 25 among all
States in percentage of loans in foreclosure for the
most recent quarter available.
``(D) The State ranks in the top 20 among all
States in the lowest percentage change in population
growth in the time period between the 2000 decennial
census and the 2010 decennial census.
``(4) Credits may be transferred.--Notwithstanding in any
law or rule of law shall be construed to limit the
transferability of the credit or bond allowed by this section
through sale and repurchase agreements.''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 54A(d) of such Code is amended
by striking ``or'' at the end of subparagraph (D), by inserting
``or'' at the end of subparagraph (E), and by inserting after
subparagraph (E) the following new subparagraph:
``(E) a qualified urban demolition bond,''.
(2) Subparagraph (C) of section 54A(d)(2) is amended by
striking ``and'' at the end of clause (iv), by striking the
period at the end of clause (v) and inserting ``, and'', and by
adding at the end the following new clause:
``(vi) in the case of a qualified urban demolition bond, a purpose
specified in section 54G(a)(1).''.
(3) The table of sections for subpart I of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 54G. Qualified urban demolition bonds.''.
(c) Effective Date.--The amendments made by this section shall
apply to bonds issued after the date of the enactment of this Act.
SEC. 3. USE OF NEIGHBORHOOD STABILIZATION PROGRAM FUNDS FOR DEMOLITION
ACTIVITIES.
(a) NSP2 and NSP3 Funds.--
(1) Exception to limitation on use for demolition.--
Notwithstanding the 13th proviso of the second undesignated
paragraph under the heading ``Community Planning and
Development--Community Development Fund'' in title XII of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 218) and section 1497(a) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111-203; 124 Stat. 2209), a qualified State or unit
of general local government in a qualified State may use all or
any portion of any amounts made available from a grant under
such second undesignated paragraph or under such section 1497
for the purpose set forth in section 2301(c)(4)(D) of the Dodd-
Frank Wall Street Reform and Consumer Protection Act (42 U.S.C.
5301 note), at the sole discretion of the State or unit of
general local government.
(2) Definition.--For purposes of this subsection, the term
``qualified State'' has the meaning given such term in section
54G(g) of the Internal Revenue Code of 1986.
(b) Future Grants.--Subsection (c) of section 2301 of the Housing
and Economic Recovery Act of 2008 (42 U.S.C. 5301 note) is amended by
adding at the end the following new paragraph:
``(5) Prohibition of limitation on use for demolition.--A
qualified State or unit of general local government in a
qualified State may use all or any portion of any amounts made
available from a grant under this section for the purpose set
forth in paragraph (4)(D) of this subsection, at the sole
discretion of the State or unit of general local government.
For purposes of this paragraph, the term `qualified State' has
the meaning given such term in section 54G(g) of the Internal
Revenue Code of 1986.''. | Restore our Neighborhoods Act of 2012 - Amends the Internal Revenue Code to establish a new category of tax credit bonds to be known as qualified urban demolition bonds. Allows the issuance of $4 billion of such bonds for the purpose of demolishing vacant, abandoned, and tax delinquent properties in urban areas. Provides for the allocation of $2 billion to all states to fund such demolition projects, and an additional $2 billion for certain other states that have greater numbers of vacant or foreclosed properties and higher unemployment rates (qualified states). | {"src": "billsum_train", "title": "To provide $4,000,000,000 in new funding through bonding to empower States to undertake significant residential and commercial structure demolition projects in urban and other targeted areas, and for other purposes."} | 2,704 | 116 | 0.548869 | 1.414908 | 0.588797 | 1.944444 | 22.712963 | 0.777778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anthrax Victims Fund Fairness Act of
2003''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, wherever 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 a
reference to the September 11th Victim Compensation Fund of 2001
(Public Law 107-42; 49 U.S.C. 40101 note).
SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS.
(a) Definitions.--Section 402(6) is amended by inserting ``or
related to a terrorist-related laboratory-confirmed anthrax infection
in the United States during the period beginning on September 13, 2001,
through November 30, 2001'' before the period.
(b) Purpose.--Section 403 is amended by inserting ``or as a result
of a terrorist-related laboratory-confirmed anthrax infection in the
United States during the period beginning on September 13, 2001,
through November 30, 2001'' before the period.
(c) Determination of Eligibility for Compensation.--
(1) Claim form contents.--Section 405(a)(2)(B) is amended--
(A) in clause (i), by inserting ``or as a result of
a terrorist-related laboratory-confirmed anthrax
infection in the United States during the period
beginning on September 13, 2001, through November 30,
2001'' before the semicolon;
(B) in clause (ii), by inserting ``or terrorist-
related laboratory-confirmed anthrax infection'' before
the semicolon; and
(C) in clause (iii), by inserting ``or terrorist-
related laboratory-confirmed anthrax infection'' before
the period.
(2) Limitation.--Section 405(a)(3) is amended by striking
``2 years'' and inserting ``3 years''.
(3) Collateral compensation.--Section 405(b)(6) is amended
by inserting ``or as a result of a terrorist-related
laboratory-confirmed anthrax infection in the United States
during the period beginning on September 13, 2001, through
November 30, 2001'' before the period.
(4) Eligibility.--
(A) Individuals.--Section 405(c)(2) is amended--
(i) in subparagraph (B), by striking ``or''
after the semicolon;
(ii) in subparagraph (C)--
(I) by striking ``or (B)'' and
inserting ``, (B), or (C)''; and
(II) striking ``(C)'' and inserting
``(D)''; and
(iii) by inserting after subparagraph (B)
the following:
``(C) an individual who suffered physical harm or
death as a result of a terrorist-related laboratory-
confirmed anthrax infection in the United States during
the period beginning on September 13, 2001, through
November 30, 2001; or ''.
(B) Requirements.--Section 405(c)(3) is amended--
(i) in the heading for subparagraph (B) by
inserting ``relating to september 11th
terrorist acts'' before the period; and
(ii) by adding at the end the following:
``(C) Limitation on civil action relating to other
terrorist acts.--
``(i) In general.--Upon the submission of a
claim under this title, the claimant waives the
right to file a civil action (or to be a party
to an action) in any Federal or State court for
damages sustained as a result of a terrorist-
related laboratory-confirmed anthrax infection
in the United States during the period
beginning on September 13, 2001, through
November 30, 2001. The preceding sentence does
not apply to a civil action to recover any
collateral source obligation based on contract,
or to a civil action against any person who is
a knowing participant in any conspiracy to
commit any terrorist act.
``(ii) Pending actions.--In the case of an
individual who is a party to a civil action
described in clause (i), such individual may
not submit a claim under this title unless such
individual withdraws from such action by the
date that is 90 days after the date on which
regulations are promulgated under section 4 of
the Anthrax Victims Fund Fairness Act of 2003.
``(D) Individuals with prior compensation.--
``(i) In general.--Subject to clause (ii),
an individual is not an eligible individual for
purposes of this subsection if that individual,
or the estate of that individual, has received
any compensation from a civil action or
settlement based on tort related to a
terrorist-related laboratory-confirmed anthrax
infection in the United States during the
period beginning on September 13, 2001, through
November 30, 2001.
``(ii) Exception.--Clause (i) shall not
apply to compensation received from a civil
action against any person who is a knowing
participant in any conspiracy to commit any
terrorist act.''.
(C) Ineligibility of participants and
conspirators.--Section 405(c) is amended by adding at
the end the following:
``(4) Ineligibility of participants and conspirators.--An
individual, or a representative of that individual, shall not
be eligible to receive compensation under this title if that
individual is identified by the Attorney General to have been a
participant or conspirator in a terrorist-related laboratory-
confirmed anthrax infection in the United States during the
period beginning on September 13, 2001, through November 30,
2001.''.
SEC. 4. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General, in consultation with the Special Master, shall
promulgate regulations to carry out the amendments made by this Act,
including regulations with respect to--
(1) forms to be used in submitting claims under this Act;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under this Act; and
(5) other matters determined appropriate by the Attorney
General. | Anthrax Victims Fund Fairness Act of 2003 - Amends the September 11th Victim Compensation Fund of 2001 to provide compensation for victims of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001.
States that a claimant under this Act waives the right to file a civil action in any Federal or State court for damages sustained in the incident, except against a knowing participant in any conspiracy to commit any terrorist act. Exempts from such waiver any civil action to recover a collateral source obligation based on contract. | {"src": "billsum_train", "title": "A bill to amend the September 11th Victim Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note) to provide compensation for the United States Citizens who were victims of a terrorist-related labratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001."} | 1,447 | 157 | 0.60606 | 1.699276 | 0.647405 | 5.207407 | 9.303704 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting UACs Through Enhanced
Sponsor Vetting Act of 2017''.
SEC. 2. ADDITIONAL PROCEDURES FOR PLACEMENT DECISIONS FOR UNACCOMPANIED
ALIEN CHILDREN.
Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is
amended--
(1) in subsection (b)(1)--
(A) in subparagraph (K), by striking ``; and'' at
the end;
(B) in subparagraph (L), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(M) providing notification of the prospective
placement of an unaccompanied alien child with a
sponsor to the Governor of the State and the chief
executive of the county in which the sponsor
resides.'';
(2) in subsection (b)(2), by amending subparagraph (A) to
read as follows:
``(A) shall coordinate with appropriate juvenile
justice professionals, the Director of the Bureau of
Citizenship and Immigration Services, the Assistant
Secretary of the Bureau of Border Security, the
Director of the Federal Bureau of Investigation, and
appropriate State and local law enforcement officials
to ensure that such determinations ensure that
unaccompanied alien children described in such
subparagraph--
``(i) are likely to appear for all hearings
or proceedings in which they are involved;
``(ii) are protected from smugglers,
traffickers, members of a designated
transnational criminal organization, or others
who might seek to victimize or otherwise engage
them in criminal, harmful, or exploitive
activity, including by conducting a thorough
criminal history background check utilizing the
Next Generation Identification System or its
successor system on prospective sponsors;
``(iii) are placed in a setting in which
they are not likely to pose a danger to
themselves or others; and'';
(3) by redesignating subsection (g) as subsection (h) and--
(A) in paragraph (1) of such subsection, by
striking ``and'' at the end;
(B) in paragraph (2) of such subsection, by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(3) the term `transnational criminal organization' means
a criminal organization that has been designated as a
transnational criminal organization by the Office of Foreign
Assets Control at the Department of the Treasury.''; and
(4) by inserting after subsection (f) the following:
``(g) Additional Procedures for Making Placement Determinations.--
``(1) Criminal records checks.--The Director shall
coordinate with the Attorney General to conduct a thorough
criminal history background check utilizing the Next Generation
Identification System or its successor system for all
prospective sponsors before placement of an unaccompanied alien
child.
``(2) Consultation with relevant law enforcement
entities.--The Director shall consult with relevant law
enforcement entities, including Federal, State, and local law
enforcement, prior to making a determination on whether it is
appropriate to place an unaccompanied alien child with a
prospective sponsor. This consultation will examine any
criminal activity in which the prospective sponsor may have
been, or is currently, involved.
``(3) Notification to state and local governments.--The
Director shall notify relevant State and local governments of
the decision to place an unaccompanied alien child with a
sponsor. This notification will include the Governor of the
state where the sponsor resides, as well as the mayor or
equivalent officeholder of the locality where the sponsor
resides.
``(4) Transnational criminal organization intelligence
sharing.--The Director shall provide to the Terrorist Screening
Center information uncovered during the placement process of an
unaccompanied alien child that establishes membership in, or
affiliation with, a designated transnational criminal
organization of either an unaccompanied alien child or a
prospective sponsor.''. | Protecting UACs Through Enhanced Sponsor Vetting Act of 2017 This bill establishes additional sponsor vetting requirements for placement of unaccompanied alien children (UACs) who are in federal custody because of their immigration status. UACs are children under the age of 18 with no lawful immigration status who either have no parent or legal guardian in the United States, or have no parent or legal guardian in the United States available to provide care and physical custody. The Homeland Security Act of 2002 is amended to require the Department of Health and Human Service's Office of Refugee Resettlement, as part of its UAC placement determinations, to: notify the governor and the chief executive of the county in which a sponsor resides of a prospective placement; include the Federal Bureau of Investigation and state and local law enforcement officials in consultations regarding UAC adherence to hearing requirements and safety from criminal or exploitive elements, including protection from members of a transnational criminal organization. Prior to making a placement determination the office shall: coordinate with the Department of Justice to use the Next Generation Identification System to check the criminal background of prospective sponsors; and consult with federal, state, and local law enforcement entities. The office shall also: notify state and local governments of a placement determination, including notifying the governor and mayor of the locality in which the sponsor resides; and provide the Terrorist Screening Center with any information uncovered during the placement process that establishes the child's or sponsor's membership or affiliation with a transnational criminal organization. | {"src": "billsum_train", "title": "Protecting UACs Through Enhanced Sponsor Vetting Act of 2017"} | 859 | 330 | 0.584528 | 1.865027 | 0.796358 | 2.038194 | 2.833333 | 0.788194 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Export Enhancement
Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) United States exports are concentrated very heavily
among a very few large companies. Only 2 percent of United
States businesses account for 85 percent of United States
exports.
(2) Small businesses remain a large untapped resource of
potential export growth for the United States economy. However,
small businesses with competitive products frequently face high
transactions costs and inadequate information about foreign
markets which limit their ability to export.
(3) There is a significant need for export assistance
services targeted to smaller exporters. Over 95 percent of
United States exporters have annual export sales of less than
$5,000,000, and 72 percent of United States export shipments
are worth less than $20,000.
(4) There are over 150 Federal export promotion programs
fragmented among 19 different Federal agencies. Federal export
promotion activities are characterized by duplication of
effort, overlap, inefficient dissemination of services and
information, turf battles, and confusion among both providers
and users of assistance. The Trade Promotion Coordinating
Committee concluded that ``for many small and medium-sized
firms, getting through the bureaucracy may be as great a hurdle
as foreign market barriers''.
(5) The National Performance Review concluded that the
Federal Government must reallocate its resources to sectors
that have clearly shown growth potential while it works to make
its services more accessible to clients.
(6) State-based and private sector organizations frequently
have better, more timely information about which companies are
ready to export, and exactly what type of help they need, than
do Federal providers of export assistance.
(7) State-based providers of export assistance, including
State departments of trade, local industry associations,
international freight forwarding companies, local and regional
banks, chambers of commerce, and world trade centers, have good
local networks to deliver services but their resources are
limited in comparison to the Federal Government.
(8) Effective outreach by export assistance providers is
key to providing useful service to small businesses.
(9) For all companies seeking to export, trade finance is a
necessity, and the Federal Government must find ways to help
the private sector to deliver trade finance in a useful and
profitable way.
(10) Partnerships between the Federal Government and State-
based providers of export assistance can more effectively focus
export assistance on small businesses. By combining the funds
and international resources of the Federal Government with the
local networks of State-based providers of export assistance,
such partnerships can provide a sharper focus on long-term
export market development than do traditional trade promotion
activities.
SEC. 3. EXPANDING FEDERAL FINANCIAL SUPPORT FOR STATE-BASED EXPORT
ENHANCEMENT ACTIVITIES.
(a) The Market Development Cooperator Program.--There is authorized
to be appropriated $40,000,000 to provide grants to qualified entities
for activities described in section 2303 of the Export Enhancement Act
of 1988.
(b) The Foreign Buyer Program.--There is authorized to be
appropriated $2,000,000 to provide financial support, on a shared
basis, to small businesses to increase the number of small businesses
participating in activities described in section 2304 of the Export
Enhancement Act of 1988.
(c) Trade Missions.--
(1) The International Trade Administration (ITA) shall
establish a grant program to provide financial support, on a
shared basis, for foreign trade missions run by State
governments and designed primarily for participation by small
and medium-sized businesses.
(2) ITA shall make available for this program no less money
than is available for foreign trade missions run by the Federal
Government.
(3) In the selection of trade missions to which the ITA
will provide financial support, ITA shall consider the extent
to which a proposed trade mission will advance the State's
economic development and export promotion strategies.
SEC. 4. DISCRETIONARY FUNDS WITHIN THE INTERNATIONAL TRADE
ADMINISTRATION.
In order to better fulfill its mandate to promote exports of goods
and services of the United States, particularly by small- and medium-
sized businesses, the International Trade Administration shall make it
a priority to expand financial support for State-based export
enhancement activities, using discretionary funds within its budget.
Such financial support may include matching grants for new or
experimental State-based export enhancement programs that are not
specifically authorized by Congress but that have the potential to
facilitate exporting by small businesses.
SEC. 5. IMPROVING INFORMATION AND TECHNICAL ASSISTANCE AVAILABLE TO
HELP SMALL BUSINESSES COMPLY WITH EXPORT CONTROL
REQUIREMENTS.
Not later than one year after the date of enactment of this Act,
Federal agencies involved in administering controls and regulations
concerning the export of goods and services from the United States
shall, in consultation with small businesses, State departments of
trade, State-based industry trade associations, international freight
forwarding companies, and other State-based providers of export
assistance to small businesses, establish and implement a plan to--
(1) consolidate information regarding rules and
restrictions on exports and make it available in a format that
is easily accessible by small businesses that seek to export;
and
(2) create an outreach program to inform small businesses
seeking to export of relevant rules and restrictions on exports
and to provide technical assistance for complying with those
rules and restrictions.
SEC. 6. IMPROVING EFFICIENCY TO REALIZE SAVINGS TO PAY FOR IMPROVED
SMALL BUSINESS EXPORT ASSISTANCE.
Not later than 180 days after the date of enactment of this Act,
the International Trade Administration, in consultation with other
Federal agencies that provide export assistance services (including
trade finance and insurance), shall submit to Congress a plan to
consolidate or eliminate programs that provide substantially similar
export assistance services or provide export assistance services to
substantially similar recipients. The plan shall identify savings of
not less than $100,000,000 per year, to be achieved primarily through
improved efficiency, streamlining, and targeting of resources to
sectors with high export potential. | Small Business Export Enhancement Act of 1994 - Authorizes appropriations to provide: (1) grants to qualified entities under the Market Development Cooperator Program to promote the export of goods and services of U.S. small businesses; and (2) assistance to U.S. small businesses to increase their participation in U.S. trade shows that bring together foreign governments seeking to buy their goods and services. Directs the International Trade Administration (ITA) to establish a grant program to provide financial support, on a shared basis, for State-run foreign trade missions designed primarily for participation by small and medium-sized businesses.
(Sec. 4) Directs the ITA, in order to better promote the export of the goods and services of small- and medium-sized businesses in particular, to make it a priority to expand financial support for State-based enhancement activities by using discretionary funds.
(Sec. 5) Requires Federal agencies that administer controls and regulations with respect to the export of U.S. goods and services to establish a plan to: (1) consolidate, and make easily accessible to small businesses that export, information regarding rules and restrictions on exports; and (2) create an outreach program to inform such businesses of such rules and restrictions and provide technical assistance for complying with them.
(Sec. 6) Directs the ITA to submit to the Congress a plan to consolidate or eliminate programs that provide similar export assistance services or provide such assistance to similar recipients. Requires such plan to realize savings of not less than $100 million per year through improved efficiency, streamlining, and targeting of resources to sectors with high export potential. | {"src": "billsum_train", "title": "Small Business Export Enhancement Act of 1994"} | 1,285 | 347 | 0.624368 | 2.169966 | 0.864384 | 3.766026 | 3.958333 | 0.919872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carlsbad Irrigation Project Acquired
Land Conveyance Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) The term ``District'' means the Carlsbad Irrigation
District, a quasimunicipal corporation formed under the laws of
the State of New Mexico that has its principal place of
business in the city of Carlsbad, Eddy County, New Mexico.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Project'' means all right, title, and
interest in and to the lands (including the subsurface and
mineral estate) in Eddy County, New Mexico, described as the
acquired lands in section (7) of the Status of Lands and Title
Report: Carlsbad Project as reported by the Bureau of
Reclamation in 1978 and all interests the United States holds
in the irrigation and drainage system of the Carlsbad Project
and all related ditch rider houses, maintenance shop and
buildings, and Pecos River Flume.
SEC. 3. CONVEYANCE OF PROJECT.
(a) In General.--Except as provided in subsection (b), in
consideration of the District accepting the obligations of the Federal
Government for the Project, and subject to the completion of payments
by the District required under subsection (c)(3), the Secretary shall
convey the Project to the District.
(b) Retained Title.--The Secretary shall retain title to the
surface estate (but not the mineral estate) of such Project lands which
are located under the footprint of Brantley and Avalon dams or any
other Project dam or reservoir diversion structure. The Secretary shall
retain storage and flow easements for any tracts located under the
maximum spillway elevations of Avalon and Brantley Reservoirs.
(c) Deadline.--
(1) In general.--If no changes in Project operations are
expected following the conveyance under subsection (a), the
Secretary shall complete the conveyance expeditiously, but not
later than 180 days after the date of the enactment of this
Act.
(2) Deadline if changes in operations intended.--If the
District intends to change Project operations as a result of
the conveyance under subsection (a), the Secretary--
(A) shall take into account those potential changes
for the purpose of completing any required
environmental evaluation associated with the
conveyance; and
(B) shall complete the conveyance by not later than
2 years after the date of the enactment of this Act.
(3) Administrative costs of conveyance.--If the Secretary
fails to complete the conveyance under this Act before the
applicable deadline under paragraph (1) or (2), the full cost
of administrative action and environmental compliance for the
conveyance shall be borne by the Secretary. If the Secretary completes
the conveyance before that deadline, \1/2\ of such cost shall be paid
by the District.
SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS.
(a) In General.--Nothing in this Act shall be construed as
significantly expanding or otherwise changing the use and operation of
the Project from its current use. The Project shall continue to be
managed and used by the District for the purposes for which the Project
was authorized, based on historic operations, and consistent with the
management of other adjacent project lands.
(b) Future Alterations.--If the District alters the operations or
uses of the Project, it shall comply with all applicable laws or
regulations governing such changes at that time (subject to section 5).
SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.
(a) In General.--Except as provided in subsection (b), upon
conveyance of the Project under this Act the District shall assume all
rights and obligations of the United States under the agreement dated
July 28, 1994, between the United States and the Director, New Mexico
Department of Game and Fish (Document No. 2-LM-40-00640), relating to
management of certain lands near Brantley Reservoir for fish and
wildlife purposes and the agreement dated March 9, 1977, between the
United States and the New Mexico Department of Energy, Minerals, and
Natural Resources (Contract No. 7-07-57-X0888) for the management and
operation of Brantley Lake State Park.
(b) Limitation.--The District shall not be obligated for any
financial support agreed to by the Secretary, or the Secretary's
designee, in either agreement and the District shall not be entitled to
any receipts or revenues generated as a result of either agreement.
SEC. 6. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED
LANDS.
(a) Notification of Leaseholders.--Within 120 days after the date
of enactment of this Act, the Secretary shall provide to the District a
written identification of all mineral and grazing leases in effect on
Project lands on the date of enactment of this Act and notify all
leaseholders of the conveyance authorized by this Act.
(b) Management of Leases, Licenses, and Permits.--The District
shall assume all rights and obligations of the United States for all
mineral and grazing leases, licenses, and permits existing on the
Project lands conveyed under section 3, and shall be entitled to any
receipts from such leases, licenses, and permits accruing after the
date of conveyance. All such receipts shall be used for purposes for
which the Project was authorized and for financing the portion of
operations, maintenance, and replacement at the Sumner Dam that, prior
to conveyance, was the responsibility of the Bureau of Reclamation,
with the exception of major maintenance programs in progress prior to
conveyance. The District shall continue to adhere to the current Bureau
of Reclamation mineral leasing stipulations for the Project.
(c) Availability of Amounts Paid Into the Reclamation Fund.--
(1) Amounts in fund on date of enactment.--Amounts in the
reclamation fund on the date of enactment of this Act which
exist as construction credits to the Carlsbad Project under the
terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C.
351-359) shall be deposited into the general fund of the
Treasury and credited to deficit reduction or retirement of the
Federal debt.
(2) Receipts after date of enactment.--Of the receipts from
mineral and grazing leases, licenses, and permits on Project
lands to be conveyed under section 3 that are received by the
United States after the date of enactment of this Act and
before the date of conveyance, up to $200,000 shall be applied
to pay the cost referred to in section 3(c)(3) and the
remainder shall be deposited into the general fund of the
Treasury of the United States and credited to deficit reduction
or retirement of the Federal debt.
SEC. 7. WATER CONSERVATION PRACTICES.
Nothing in this Act shall be construed to limit the ability of the
District to voluntarily implement water conservation practices.
SEC. 8. LIABILITY.
Except as otherwise provided by law, effective on the date of
conveyance of the Project under this Act, the United States shall not
be liable for damages of any kind arising out of any act, omission, or
occurrence based on its prior ownership or operation of the conveyed
property.
SEC. 9. FUTURE RECLAMATION BENEFITS.
After completion of the conveyance under this Act, the District
shall not be eligible for any emergency loan from the Bureau of
Reclamation for maintenance or replacement of any facility conveyed
under this Act. | Carlsbad Irrigation Project Acquired Land Conveyance Act - Directs the Secretary of the Interior to convey to the Carlsbad Irrigation District specified lands and interests within the Carlsbad Project in New Mexico in consideration of the District accepting the Federal Government obligations for the project, and subject to the completion of payments by the District required under this Act.
Directs the Secretary to complete such conveyance expeditiously, if no changes in Project operations are expected following such conveyance, but within 180 days after the enactment of this Act. Requires the Secretary, if the District intends to change Project operations as a result of the conveyance, to: (1) take into account those potential changes for the purpose of completing any required environmental evaluation associated with the conveyance; and (2) complete the conveyance within two years after enactment. Provides for: (1) the full cost of administrative action and environmental compliance for the conveyance to be borne by the Secretary if he or she fails to complete the conveyance before the applicable deadline; and (2) one-half of such cost to be paid by the District if the Secretary completes the conveyance before that deadline.
Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Requires receipts from leases, licenses, and permits accruing after the conveyance date to be used for Project purposes and for financing the portion of operations, maintenance, and replacement at the Summer Dam that, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to the conveyance. Requires amounts paid into the reclamation fund as construction credits to the Project to be credited to deficit reduction or retirement of the Federal debt.
Makes the District ineligible for any emergency loan from the Bureau for maintenance or replacement of any facility conveyed after the completion of such conveyance. | {"src": "billsum_train", "title": "Carlsbad Irrigation Project Acquired Land Conveyance Act"} | 1,714 | 445 | 0.71412 | 2.532344 | 0.892386 | 4.763926 | 3.94695 | 0.938992 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Social Security Act of
2001.''
SEC. 2. INTEREST BORNE BY, AND INCREASES IN PAR VALUE OF, SPECIAL
OBLIGATIONS ISSUED TO THE SOCIAL SECURITY TRUST FUNDS.
Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is
amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking the fifth sentence and inserting the
following new sentences: ``Such obligations issued for purchase
by the Trust Funds shall have maturities fixed with due regard
for the needs of the Trust Funds and shall bear interest at an
effective annual rate equal to 6 percent, which shall be paid
to the Trust Funds semiannually. On June 30 and December 31 of
each calendar year, and (with respect to each obligation) on
its date of maturity (or date of redemption, if prior to
maturity), the Managing Trustee shall adjust (subject to
paragraph (2)) the par value of each obligation then held by
either of the Trust Funds and issued for purchase by such Trust
Fund so as to equal the product derived by multiplying the
current par value as of immediately before the applicable date
by the CPI adjustment factor (defined in paragraph (3)(A)) for
the obligation in connection with the month in which the
applicable date occurs (rounded, if not a multiple of $0.01, to
the nearest multiple of $0.01).''; and
(3) by adding at the end the following new paragraphs:
``(2)(A) In any case in which the number of days in the actual
adjustment period (defined in subparagraph (B)(i)) for an obligation
differs from the number of days in the computation period (defined in
subparagraph (B)(ii)) for the obligation, the amount by which the par
value of an obligation is adjusted pursuant to paragraph (1) shall be
an amount which bears the same ratio to the amount that would otherwise
apply under paragraph (1) as the number of days in the actual
adjustment period bears to the number of days in the computation
period.
``(B) For purposes of subparagraph (A)--
``(i) The term `actual adjustment period' for an obligation
means the period beginning with--
``(I) the date following the date of the last
previous adjustment in the par value of the obligation
under paragraph (1), or
``(II) if no such adjustment in the par value of
the obligation has occurred, the date of the issuance
of the obligation,
and ending with the date of the increase in par value to be
determined under paragraph (1).
``(ii) The term `computation period' for an obligation
means the period beginning with the date following the
adjustment reference month (defined in paragraph (3)(C)) for
the obligation and ending with the last date of the adjustment
computation month (defined in paragraph (3)(B)) for the
obligation.
``(3) For purposes of this subsection--
``(A) The term `CPI adjustment factor', for an obligation
in connection with any calendar month, means the ratio
(expressed as a percentage) of--
``(i) the Consumer Price Index for the adjustment
computation month for the obligation in connection with
such calendar month to
``(ii) the Consumer Price Index for the adjustment
reference month for the obligation in connection with
such calendar month.
``(B) The term `adjustment computation month' for an
obligation means, in connection with a month in which occurs
the date of an adjustment in par value of the obligation to be
determined under paragraph (1), the first of the 2 preceding
calendar months.
``(C) The term `adjustment reference month' for an
obligation means, in connection with a month in which occurs
the date of an adjustment in par value of the obligation to be
determined under paragraph (1)--
``(i) the last adjustment computation month with
respect to which an adjustment in par value of the
obligation under paragraph (1) has occurred, or
``(ii) if no such adjustment in the par value of
the obligation has occurred, the first of the 2 months
preceding the month in which such obligation was
issued.
``(D) The term `Consumer Price Index' means 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.''.
SEC. 3. EFFECTIVE DATE AND TRANSITIONAL RULE.
(a) Effective Date.--The amendments made by this Act shall apply
with respect to special obligations issued on or after January 1, 2002.
(b) Transitional Rule.--On January 1, 2002, the Secretary of the
Treasury shall redeem all obligations which are held on such date by
the Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund and which were issued for purchase by
the Trust Funds pursuant to section 201(d) of the Social Security Act.
Upon the redemption of each such obligation, such Secretary shall
immediately issue an obligation of the type authorized to be issued for
purchase by the Trust Funds under such section 201(d) (as amended by
this Act) with an initial par value equal to the par value of the
redeemed obligation and with a date of maturity which is the same as
the date of maturity of the redeemed obligation. | Preserving Social Security Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with regard to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to revise requirements for the issuance of obligations for purchase by the Funds. Establishes an effective annual rate of interest at six percent for such obligations. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to establish an effective real annual rate of interest at 6 percent for special obligations issued to the Social Security trust funds."} | 1,200 | 96 | 0.490301 | 1.236046 | 0.911589 | 3.853333 | 15.306667 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer Empowerment and Advocacy
Act of 2009''.
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 (16) and insert the
following new paragraphs:
``(1) with respect to fiscal year 2010, for the
discretionary category: $925,119,000,000 in total new budget
authority;
``(2) with respect to fiscal year 2011, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (1) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2009;
``(3) with respect to fiscal year 2012, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority provided under
paragraph (2) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2010;
``(4) with respect to fiscal year 2013, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (3) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2011; and
``(5) with respect to fiscal year 2014, for the
discretionary category: an amount of new budget authority equal
to the amount of total new budget authority specified in
paragraph (4) adjusted to reflect the change in Consumer Price
Index over the previous 12 months prior to October 1, 2012;''.
(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.
(d) Definition of Consumer Price Index.--Section 3 of the
Congressional Budget and Impoundment Control Act of 1974 is amended by
adding at the end the following new paragraph:
``(11) The term `Consumer Price Index' refers to the
Consumer Price Index for All Urban Consumers (all items; United
States city average), published by the Bureau of Labor
Statistics.''.
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, 2015, 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, 2015, 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;
``(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; and
``(D) for fiscal year 2010, before making the
calculations required in subparagraphs (A) through (C),
OMB shall assume an automatic deficit increase of
$58,160,000,000.
``(c) Eliminating a Deficit Increase.--(1) The amount required to
be sequestered in a fiscal year under subsection (b) 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).
``(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 for fiscal year 2011 and for fiscal
years 2012 through 2015 at the baseline after adjusting for any
sequester in fiscal year 2010.
``(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).
``(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 ``2015''.
(2) Section 254(f)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2015''.
(b) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2015''.
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 is amended by
adding at the end the following new subparagraph:
``(E) 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 (as amended by section 2(d)) is
further amended by adding at the end the following new paragraph:
``(12)(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).
``(e) Disposition of Points of Order in the House.--As disposition
of a point of order under subsection (b) or subsection (d), 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.''. | Taxpayer Empowerment and Advocacy Act of 2009 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend through FY2014 the spending limits (spending caps) for the discretionary categories in new budget authority and outlays.
Revises requirements for adjustments to discretionary spending limits in sequestration reports by the Office of Management and Budget (OMB). Repeals such requirements relating to: (1) continuing disability reviews by the Social Security Administration (SSA); (2) allowances for the International Monetary Fund (IMF) and for specified international arrearages; (3) an Earned Income Tax Credit (EITC) compliance initiative; (4) adoption incentive payments for the Department of Health and Human Services; and (5) conservation spending.
Requires that, if legislation is enacted that charges federal agencies for the full cost of accrued federal retirement and health benefits, and a measure is enacted making appropriations that provides new budget authority to carry out such legislation, the adjustment shall be equal to the reduction in mandatory budget authority and outlays estimated resulting from such legislation.
Extends Pay-As-You-Go (PAYGO) requirements and enforcement mechanisms through FY2014.
Revises formulae for the calculation of a deficit increase or decrease and for elimination of a deficit increase.
Requires the Office of Management and Budget (OMB) to assume an automatic deficit increase of $58.160 billion for FY2010 before making a calculation of deficit increase or decrease.
Modifies the formula for eliminating a deficit increase. Repeals the limitation on reductions of certain Medicare programs and the increase (if necessary) to the uniform percentage applicable to all other direct spending programs to a level sufficient to achieve the required reduction in direct spending.
Assumes non-exempt direct spending accounts to be at the level in the baseline for FY2011, and for FY2012-FY2015 at the baseline after adjusting for any sequester in FY2010.
Repeals the exclusion from Congressional Budget Office (CBO) estimates and OMB reports to Congress on emergency legislation of direct spending legislation to cover agricultural crop disaster assistance. (Thus requires the amount of new budget authority, outlays, and receipts of all fiscal years resulting from direct spending legislation to cover such crop disaster assistance.)
Modifies the baseline to exclude certain emergency appropriations and emergency spending legislation.
Amends the Congressional Budget Act of 1974 to make it out of order to consider in the Senate or House any legislation that contains an emergency designation under the Gramm-Rudman-Hollings Act unless it meets a specified new definition of "emergency" set out in the Congressional Budget and Impoundment Control Act of 1974.
Makes it out of order to consider in the House a rule or order that waives such application. | {"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 2014, to extend paygo for direct spending, and for other purposes."} | 3,453 | 627 | 0.499859 | 1.602696 | 0.663324 | 2.590038 | 5.810345 | 0.827586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security and Law
Enforcement Improvements Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Department'' means the Department of
Homeland Security; and
(2) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 3. OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.
Section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is
amended by striking subsection (b) and inserting the following:
``(b) Office for State and Local Law Enforcement.--
``(1) Establishment.--There is established in the Office of
the Secretary an Office for State and Local Law Enforcement,
which shall be headed by an Assistant Secretary for State and
Local Law Enforcement.
``(2) Qualifications.--The Assistant Secretary for State
and Local Law Enforcement shall have an appropriate background
with experience in law enforcement, intelligence, and other
antiterrorist functions.
``(3) Assignment of personnel.--The Secretary may assign to
the Office for State and Local Law Enforcement permanent staff
and other appropriate personnel detailed from other components
of the Department to carry out the responsibilities under this
subsection.
``(4) Responsibilities.--The Assistant Secretary for State
and Local Law Enforcement shall--
``(A) lead the coordination of Department-wide
policies relating to the role of State and local law
enforcement in preventing, preparing for, protecting
against, and responding to natural disasters, acts of
terrorism, and other man-made disasters within the
United States;
``(B) serve as a liaison between State, local, and
tribal law enforcement agencies and the Department;
``(C) work with the Office of Intelligence and
Analysis to ensure the intelligence and information
sharing requirements of State, local, and tribal law
enforcement agencies are being addressed;
``(D) work with the Administrator to ensure that
homeland security grants to State, local, and tribal
government agencies, including grants under sections
2003 and 2004 and subsection (a) of this section, the
Commercial Equipment Direct Assistance Program, and
grants to support fusion centers and other law
enforcement-oriented programs, are adequately focused
on terrorism prevention activities;
``(E) coordinate, in cooperation with the Federal
Emergency Management Agency and the Office of
Intelligence and Analysis, information sharing and
fusion center training, technical assistance, and other
information sharing activities to ensure needs of
State, local, and tribal law enforcement agencies and
fusion centers are being met, including the development
of a Law Enforcement Information Sharing Resource
Center under paragraph (6);
``(F) carry out, in coordination with the
Administrator, the National Law Enforcement Deployment
Team Program established under paragraph (5); and
``(G) coordinate with the Federal Emergency
Management Agency, the Department of Justice, the
National Institute of Justice, law enforcement
organizations, and other appropriate entities to
support the development, promulgation, and updating, as
necessary, of national voluntary consensus standards
for training and personal protective equipment to be
used in a tactical environment by law enforcement
officers.
``(5) National law enforcement deployment team program.--
``(A) Establishment.--The Assistant Secretary for
State and Local Law Enforcement shall establish a
National Law Enforcement Deployment Team Program to
develop and implement a series of Law Enforcement
Deployment Teams comprised of State and local law
enforcement personnel capable of providing immediate
support in response to the threat or occurrence of a
natural or man-made incident.
``(B) Activities.--In carrying out the National Law
Enforcement Deployment Team Program, the Assistant
Secretary for State and Local Law Enforcement shall--
``(i) consult with State and local law
enforcement and public safety agencies and
other relevant stakeholders as to the
capabilities required by a Law Enforcement
Deployment Team;
``(ii) develop and implement a model Law
Enforcement Deployment Team located in a region
of the Federal Emergency Management Agency
selected by the Assistant Secretary;
``(iii) exercise and train the Law
Enforcement Deployment Teams;
``(iv) create model policies and
procedures, templates, and general policies and
procedures and document best practices that can
be applied to the development of Law
Enforcement Deployment Teams in each region of
the Federal Emergency Management Agency;
``(v) develop an implementation strategy to
support the development, overall management,
equipment, infrastructure, and training needs
of a National Law Enforcement Deployment Team
Program, including the development of a
technical assistance and training program; and
``(vi) not later than 6 months after the
date of enactment of the Homeland Security and
Law Enforcement Improvements Act of 2008, and
before implementation of the National Law
Enforcement Deployment Team Program in any
region of the Federal Emergency Management
Agency other than the region selected under
clause (ii), submit to the Committee on
Homeland Security and Government Affairs and
the Committee on the Judiciary of the Senate
and the Committee on Homeland Security and the
Committee on the Judiciary of the House of
Representatives a report on the National Law
Enforcement Deployment Team Program, which
shall include the implementation strategy
described in clause (v).
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
``(i) $5,000,000 for each of fiscal years
2009 and 2010; and
``(ii) such sums as are necessary for each
of fiscal years 2011 through 2015.
``(6) Law enforcement information sharing resource
center.--
``(A) Establishment.--There is established within
the Office for State and Local Law Enforcement, the Law
Enforcement Information Sharing Resource Center to
provide technical assistance relating to information
sharing and intelligence with and between State, local,
and tribal law enforcement agencies and Federal
agencies.
``(B) Activities.--In carrying out the Law
Enforcement Information Sharing Resource Center, the
Assistant Secretary for State and Local Law Enforcement
shall--
``(i) develop a single repository within
the Department to house all relevant guidance,
templates, examples, best practices, data sets,
analysis tools, and other fusion center and
information sharing related items;
``(ii) consult with State and local law
enforcement agencies in the development of the
Law Enforcement Information Sharing Resource
Center;
``(iii) consolidate access to Department
resources within the Law Enforcement
Information Sharing Resource Center;
``(iv) provide technical assistance to law
enforcement and public safety agencies; and
``(v) coordinate, in coordination with the
Federal Emergency Management Agency and the
Office of Intelligence and Analysis,
intelligence, information sharing, and fusion
center related training, technical assistance,
exercise, and other services provided to State
and local law enforcement and other agencies
developing or operating fusion centers and
intelligence units.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
``(i) $3,000,000 for fiscal year 2009;
``(ii) $3,500,000 for fiscal year 2010; and
``(iii) such sums as are necessary for each
of fiscal years 2011 through 2015.
``(7) Foreign liaison officers against terrorism
programs.--
``(A) Establishment.--There is established within
the Office of State and Local Law Enforcement, the
Foreign Liaison Officers Against Terrorism Program.
``(B) Duties.--In carrying out the Foreign Liaison
Officers Against Terrorism Program the Assistant
Secretary for State and Local Law Enforcement shall--
``(i) identify foreign cities the
government of which desires a State, local, or
tribal law enforcement agency to assign an
officer to the foreign city, to share
information with law enforcement agencies of
State, local, and tribal governments; and
``(ii) assign each foreign city identified
under clause (i) to a law enforcement agency
participating in the Foreign Liaison Officers
Against Terrorism Program, to--
``(I) obtain information relevant
to law enforcement agencies of State,
local, and tribal governments from each
such city for information sharing
purposes; and
``(II) share information obtained
under subclause (I) with other law
enforcement agencies participating in
the Foreign Liaison Officers Against
Terrorism Program.
``(C) Use of grant funds.--A grant awarded under
section 2003 may be used for the costs of participation
in the Foreign Liaison Officers Against Terrorism
Program established under subparagraph (A).''.
SEC. 4. LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.
(a) In General.--Section 2006(a) of the Homeland Security Act of
2002 (6 U.S.C. 607(a)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--
``(A) Grants.--The Assistant Secretary for State
and Local Law Enforcement may make grants to States and
local governments for law enforcement terrorism
prevention activities.
``(B) Program.--The Secretary shall maintain the
grant program under this subsection as a separate
program of the Department.''; and
(2) by adding at the end the following:
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $500,000,000
for each of fiscal years 2009 through 2015, of which not less
than 10 percent may be used by the Assistant Secretary for
discretionary grants for national best practices and programs
of proven effectiveness, including for--
``(A) national, regional and multi-jurisdictional
projects;
``(B) development of model programs for
replication;
``(C) guidelines and standards for preventing
terrorism;
``(D) national demonstration projects that employ
innovative or promising approaches; and
``(E) evaluation of programs to ensure the
effectiveness of the programs.''.
(b) Reporting.--The Assistant Secretary for State and Local Law
Enforcement of the Department shall submit to Congress and make
publicly available an annual report detailing the goals and
recommendations for the Nation's terrorism prevention strategy.
SEC. 5. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.
(a) In General.--Title XX of the Homeland Security Act of 2002 (6
U.S.C. 601 et seq.) is amended by adding at the end the following:
``Subtitle C--Other Assistance
``SEC. 2041. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM.
``(a) Establishment.--There is established within the Office of
State and Local Law Enforcement, the Commercial Equipment Direct
Assistance Program (in this section referred to as the `program') to
make counterterrorism technology, equipment, and information available
to local law enforcement agencies.
``(b) Activities.--In carrying out the program, the Assistant
Secretary for State and Local Law Enforcement shall--
``(1) publish a comprehensive list of available
technologies, equipment, and information available under the
program;
``(2) consult with local law enforcement agencies and other
appropriate individuals and entities, as determined by the
Assistant Secretary for State and Local Law Enforcement;
``(3) accept applications from the heads of State and local
law enforcement agencies that wish to acquire technologies,
equipment, or information under the program to improve the
homeland security capabilities of those agencies; and
``(4) transfer the approved technology, equipment, or
information and provide the appropriate training to the State
or local law enforcement agency to implement such technology,
equipment, or information.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $75,000,000 for each of fiscal years 2009 and 2010;
and
``(2) such sums as are necessary for each of fiscal years
2011 through 2015.''. | Homeland Security and Law Enforcement Improvements Act of 2008 - Amends the Homeland Security Act of 2002 to reassign to the Office of the Secretary of Homeland Security the Office for State and Local Law Enforcement (Office). Establishes within the Office: (1) the Law Enforcement Information Sharing Resource Center to provide technical assistance relating to information sharing and intelligence; (2) the Foreign Liaison Officers Against Terrorism Program; and (3) the Commercial Equipment Direct Assistance Program to make counterterrorism technology, equipment, and information available to local law enforcement agencies.
Directs the Assistant Secretary of Homeland Security for State and Local Law Enforcement to establish a National Law Enforcement Deployment Team Program to respond to the threat or occurrence of a natural or man-made incident.
Authorizes the Assistant Secretary to make grants to states and local governments for law enforcement terrorism prevention activities. | {"src": "billsum_train", "title": "A bill to improve the Office for State and Local Law Enforcement, and for other purposes."} | 2,570 | 181 | 0.612601 | 1.505306 | 0.949744 | 4.703704 | 15.197531 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Judicial District of the Virgin
Islands Act of 1998''.
SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIRGIN ISLANDS AS AN
ARTICLE III COURT.
(a) Establishment.--
(1) In general.--Chapter 5 of title 28, United States Code,
is amended by inserting after section 126 the following new
section:
``Sec. 126A. Virgin Islands
``The Virgin Islands constitutes one judicial district comprising
two divisions.
``(1) The Saint Croix Division comprises the Island of
Saint Croix and adjacent islands and cays.
``Court for the Saint Croix Division shall be held at
Christiansted.
``(2) The Saint Thomas and Saint John Division comprises
the Islands of Saint Thomas and Saint John and adjacent
islands and cays.
``Court for the Saint Thomas and Saint John Division shall
be held at Charlotte-Amalie.''.
(2) Conforming amendment.--The table of contents for
chapter 5 of title 28, United States Code, is amended by
inserting after the item relating to section 126 the following:
``126A. Virgin Islands.''.
(3) Number of judges.--The table contained in section
133(a) of title 28, United States Code, is amended by inserting
after the item relating to Vermont the following:
``Virgin Islands............................................... 2''.
(b) Revised Organic Act of the Virgin Islands.--
(1) Repeals.--Sections 25, 26, and 27 of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1615, 1616, and
1617) are repealed.
(2) Bill of rights.--Section 3 of the Revised Organic Act
of the Virgin Islands (48 U.S.C. 1561) is amended in the 23d
undesignated paragraph--
(A) by inserting ``article III;'' after ``section
9, clauses 2 and 3;''; and
(B) by striking ``: Provided, however'' and all
that follows through the end of the paragraph and
inserting the following: ``; except that all offenses
under the laws of the Virgin Islands which are
prosecuted in the courts established by local law shall
continue to be prosecuted by information, except those
that are required by local law to be prosecuted by
indictment by grand jury.''.
(3) Jurisdiction of local courts.--Section 21 of the
Revised Organic Act of the Virgin Islands (48 U.S.C. 1611) is
amended to read as follows:
``SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN ISLANDS.
``(a) Jurisdiction of the Courts of the Virgin Islands.--The
judicial power of the Virgin Islands shall be vested in such trial or
appellate courts as may have been or may hereafter be established by
local law. The local courts of the Virgin Islands shall have
jurisdiction over all causes of action in the Virgin Islands over which
any court established by the Constitution and laws of the United States
does not have exclusive jurisdiction.
``(b) Practice and Procedure.--The rules governing the practice and
procedure of the courts established by local law and those prescribing
the qualifications and duties of the judges and officers thereof, oaths
and bonds, and the times and places of holding court shall be governed
by local law or the rules promulgated by those courts.''.
(4) Jurisdiction over criminal matters and income tax.--
Section 22 of the Revised Organic Act of the Virgin Islands (48
U.S.C. 1612) is amended to read as follows:
``SEC 22. JURISDICTION OVER CRIMINAL MATTERS AND INCOME TAX.
``(a) Jurisdiction Over Criminal Matters.--Nothing in this title
shall be contrued to remove or impair the jurisdiction of the courts of
the Virgin Islands under the laws thereof.
``(b) Jurisdiction Over Income Tax Matters.--The United States
District Court for the District of the Virgin Islands shall have
exclusive jurisdiction over all criminal and civil proceedings in the
Virgin Islands with respect to the income tax laws applicable to the
Virgin Islands, regardless of the degree of the offense or of the
amount involved, except the ancillary laws relating to the income tax
enacted by the legislature of the Virgin Islands. Any act or failure to
act with respect to the income tax laws applicable to the Virgin
Islands which would constitute a criminal offense described in chapter
75 of subtitle F of the Internal Revenue Code of 1986 shall constitute
an offense against the government of the Virgin Islands and may be
prosecuted in the name of the government of the Virgin Islands by
appropriate officers thereof in the United States District Court for
the District of the Virgin Islands without the request or consent of
the United States attorney for the Virgin Islands.''.
(5) Relations between united states courts and local
courts.--Section 23 of the Revised Organic Act of the Virgin
Islands (48 U.S.C. 1613) is amended to read as follows:
``SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED STATES AND LOCAL
COURTS.
``(a) In General.--The relations between the courts established by
the Constitution or laws of the United States (including the United
States District Court for the District of the Virgin Islands) and the
courts established by local law with respect to appeals, certiorari,
removal of causes, the issuance of writs of habeas corpus, and other
matters or proceedings shall be governed by the laws of the United
States pertaining to the relations between the courts of the United
States, including the Supreme Court of the United States, and the
courts of the several States in such matters and proceedings, except
that for the first 15 years following the establishment of the
appellate court authorized by section 21(a) of this Act, the United
States Court of Appeals for the Third Circuit shall have jurisdiction
to review by writ of certiorari all final decisions of the highest
court of the Virgin Islands from which a decision could be had.
``(b) Reports to Congress.--The Judicial Council of the Third
Circuit shall submit reports to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives at intervals of 5 years following the establishment of
the such appellate court authorized by section 21(a) of this Act as to
whether that court has developed sufficient institutional traditions to
justify direct review by the Supreme Court of the United States from
all final decisions of the highest court of the Virgin Islands.
``(c) Rules.--The United States Court of Appeals for the Third
Circuit shall have jurisdiction to promulgate rules necessary to carry
out the provisions of this section.''.
(6) Appellate jurisdiction of district court.--Section 23A
of the Revised Organic Act of the Virgin Islands (48 U.S.C.
1613a) is amended by striking ``District Court of the Virgin
Islands'' each place it appears and inserting ``United States
District Court for the District of the Virgin Islands''.
(7) Assignment of additional judges to the court.--Section
24 of the Revised Organic Act of the Virgin Islands (48 U.S.C.
1613) is amended to read as follows:
``SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE COURT.
``Whenever it appears to be necessary for the proper dispatch of
the business of the United States District Court for the District of
the Virgin Islands--
``(1) the chief judge of the Third Judicial Circuit of the
United States may assign--
``(A) a judge of a court of record of the Virgin
Islands established by local law,
``(B) a circuit or district judge of the Third
Judicial Circuit, or
``(C) a recalled senior judge of the District Court
of the Virgin Islands, or
``(2) the Chief Justice of the United States may assign any
other United States circuit or district judge, with the consent
of that judge and the chief judge of the circuit from which the
judge is assigned,
to serve temporarily as a judge of the United States District Court for
the District of the Virgin Islands. After the establishment of the
appellate court authorized by section 21(a) of this Act, no judge
described in paragraph (1)(A) may be assigned to the district court
under this section.''.
(c) Pleadings and Proceedings in English.--All pleadings and
proceedings in the United States District Court for the District of the
Virgin Islands shall be conducted in the English language.
(d) Savings Provisions.--
(1) Pending cases.--With respect to any complaint or
proceeding pending in the District Court of the Virgin Islands
on the day before the effective date of this Act, such
complaint or proceeding may, on and after such effective date, be
pursued to final determination in the United States District Court for
the District of the Virgin Islands, the United States Court of Appeals
for the Third Circuit, and the United States Supreme Court.
(2) Existing officers of the court.--Any individual who, on
the effective date of this Act, is serving as the United States
Attorney for the Virgin Islands, or the United States marshal
for the Virgin Islands, may continue in such office until a
successor is appointed pursuant to the provisions of title 28,
United States Code.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Retirement and Survivors' Annuities.--
(1) Retirement.--Section 373 of title 28, United States
Code, is amended in subsections (a) and (e) by striking ``, the
District court of the Northern Mariana Islands, or the District
Court of the Virgin Islands'' and inserting ``or the District
Court of the Northern Mariana Islands''.
(2) Survivors' annuities.--Section 376(a) of title 28,
United States Code, is amended in paragraphs (1)(B) and (2)(B)
by inserting ``(as in effect before the effective date of the
Judicial District of the Virgin Islands Act of 1998)'' after
``the District Court of the Virgin Islands''.
(3) Calculation of service as a judge.--In the case of a
judge of a district court retiring under section 371 of title
28, United States Code, service by the judge as a judge of the
District Court of the Virgin Islands before the effective date
of this Act shall be included in calculating service under
section 371(c) of such title.
(4) Rights of existing retirees not affected.--Nothing in
this Act shall be construed to affect the rights of any judge
who has retired as a judge of the District Court of the Virgin
Islands before the effective date of this Act.
(b) Courts Defined.--Section 610 of title 28, United States Code,
is amended by striking ``the District Court of the Virgin Islands''.
(c) Magistrate Judges.--Section 631(a) of title 28, United States
Code, is amended by striking ``and the district court of the Virgin
Islands''.
(d) Investigations by Attorney General.--Section 526(a)(2) of title
28, United States Code, is amended by striking ``and of the district
court of the Virgin Islands''.
(e) Courts of Appeals.--Section 1291 of title 28, United States
Code, is amended by striking ``, the United States District Court for
the District of the Canal Zone.'' and all that follows through ``Virgin
Islands'' and inserting ``and the District Court of Guam.''.
(f) Court of Appeals for the Federal Circuit.--Section 1295(a) of
title 28, United States Code, is amended in paragraphs (1) and (2) by
striking ``the United States District Court for the District of the
Canal Zone'' and all that follows through ``Virgin Islands.'' and
inserting ``the District Court of Guam.''.
(g) Federal Tort Claims.--Section 1346(b) of title 28, United
States Code, is amended by striking ``, together with'' and all that
follows through ``Virgin Islands,''.
(h) Court Reporters.--Section 753(a) of title 28, United States
Code, is amended in the first paragraph by striking ``, the United
States District Court for the District of the Canal Zone'' and all that
follows through ``Virgin Islands'' and inserting ``and the District
Court of Guam''.
(i) Representation of Certain Defendants.--Section 3006A(j) of
title 18, United States Code, is amended by striking ``the District
Court of the Virgin Islands,''.
SEC. 4. ADDITIONAL REFERENCES.
Any reference in any provision of law to the ``District Court of
the Virgin Islands'' shall, after the effective date of this Act, be
deemed to be a reference to the United States District Court for the
District of the Virgin Islands.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect at
the end of the 90-day period beginning on the date of the enactment of
this Act. | Judicial District of the Virgin Islands Act of 1998 - Amends the Federal judicial code to establish a Federal judicial district in the Virgin Islands, composed of two divisions, one for Saint Croix and the other for Saint Thomas and Saint John. Provides two judges for such district.
Repeals provisions of the Revised Organic Act of the Virgin Islands regarding judicial divisions, trial by jury, and the U.S. attorney for the Virgin Islands.
Vests judicial power of the Virgin Islands in trial or appellate courts established by local law. (Currently, such power is also vested in the District Court of the Virgin Islands.) Requires the local courts of the Virgin Islands to have jurisdiction over all causes of action in the Islands over which any court established by the Constitution and U.S. laws does not have exclusive jurisdiction. (Currently, the Virgin Islands legislature may vest such jurisdiction in such courts.)
Replaces references to the District Court of the Virgin Islands in provisions regarding jurisdiction over income tax matters and appellate jurisdiction with references to the U.S. District Court for the District of the Virgin Islands.
Removes provisions regarding judges of the District Court of the Virgin Islands. Authorizes the temporary assignment of additional judges to the U.S. District Court for the Virgin Islands.
Requires all pleadings and proceedings in the U.S. District Court for the Virgin Islands to be conducted in English. Permits pending complaints or proceedings to be pursued to final determination in such court, the U.S. Court of Appeals for the Third Circuit, and the Supreme Court.
Deems references to the District Court of the Virgin Islands in any law to be references to the United States District Court for the Virgin Islands. | {"src": "billsum_train", "title": "Judicial District of the Virgin Islands Act of 1998"} | 3,006 | 372 | 0.551558 | 1.517041 | 0.774867 | 3.639752 | 8.173913 | 0.89441 |
SECTION 1. SHORT TITLE AND DEFINITION.
(a) Short Title.--This Act may be cited as the ``National Park
Revitalization Act''.
(b) Definition.--As used in this Act, the term ``National Park
Service Concessions Policy Act'' means the Act entitled ``An Act
relating to the establishment of concession policies in the areas
administered by National Park Service and for other purposes'' (16
U.S.C. 20-20g).
SEC. 2. CONTRACTS.
(a) Maximum Period; Requirements.--Section 3(a) of the National
Park Service Concessions Policy Act (16 U.S.C. 20b(a)) is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) in paragraph (1) (as designated by paragraph (1) of
this subsection), by inserting after the first sentence the
following: ``Except as provided in paragraph (3), the period of
a contract entered into under this Act may not exceed 10
years.''; and
(3) by adding at the end the following new paragraphs:
``(2) Contracts entered into under this Act after the date of
enactment of this paragraph shall--
``(A) be consistent with the laws relating to the National
Park System and the unit concerned;
``(B) be implemented in accordance with the purposes of the
National Park System and the general management plan for the
unit of the National Park System concerned;
``(C) to the maximum extent practicable, contain similar
terms and conditions in order to facilitate administration;
``(D) to the extent applicable, provide for acquisition of
the possessory interest of a concessioner in a manner
consistent with the objective of section 6(c); and
``(E) shall be transferable or assignable only upon the
consent of the Secretary after reconsideration and possible
redetermination of the contract terms, including the franchise
fee.
``(3) The period of a contract may be for a period greater than 10
years if the Secretary finds that a longer period is necessary for the
acquisition of possessory interest under section 6(c); except that in
no event may the period be greater than 15 years.
``(4) In entering contracts under this Act, consideration of
revenue to the United States shall be subordinate to the objectives of
protecting and preserving areas administered by the National Park
Service and of providing adequate and appropriate services for visitors
at reasonable rates.''.
(b) Repeal of Obligation of United States to Compensate for Loss of
Investment.--Paragraph (1) of section 3(a) of the National Park Service
Concessions Policy Act (16 U.S.C. 20b(a)) (as amended by subsection
(a)) is further amended by striking the last sentence and inserting the
following: ``Effective with respect to contracts entered into, renewed,
transferred, assigned, or renegotiated under this Act after the date of
enactment of this sentence, the United States shall not be obligated to
compensate the concessioner for such structures, fixtures, or
improvements.''.
(c) Franchise Fees.--Section 3(d) of the National Park Service
Concessions Policy Act (16 U.S.C. 20b(d)) is amended to read as
follows:
``(d) Franchise fees, however stated, shall be based on annual
gross receipts from the concession and shall not be less than 22.5
percent of the annual gross receipts from that concession. Provision
shall be made for reconsideration and possible readjustment of
franchise fees at least every 5 years unless the contract period is for
a lesser period of time.''.
(d) Utility Costs.--(1) Section 3 of the National Park Service
Concessions Policy Act (16 U.S.C. 20b) is amended by adding at the end
the following:
``(e) The concessioner shall be responsible for all utility costs
incurred by the concessioner in the operation of the concession under
contracts entered into, renewed, transferred, assigned, or renegotiated
under this Act after the date of enactment of this subsection.''.
(2) Paragraph 4 of the first section of the Act entitled ``An Act
to facilitate the management of the National Park System and
miscellaneous areas administered in connection with that System, and
for other purposes'' (16 U.S.C. 1b(4)) is amended by striking
``concessioners,''.
SEC. 3. REPEAL OF PREFERENTIAL RIGHTS AND POSSESSORY INTEREST.
(a) Additional Contracts.--Section 4 of the National Park Service
Concessions Policy Act (16 U.S.C. 20c) is amended by striking ``and may
grant to such concessioner a preferential right to provide such new or
additional accommodations, facilities, or services''.
(b) Renewal of Contracts.--(1) The first sentence of section 5 of
the National Park Service Concessions Policy Act is amended by striking
``giving preference in the renewal of contracts or permits and in the
negotiation of new contracts or permits to the''.
(2) Section 5 of the National Park Service Concessions Policy Act
is amended by adding at the end the following: ``The Secretary may not
give a preference in the renewal of contracts or permits under this
Act.''.
(c) Possessory Interests.--Section 6 of the National Park Service
Concessions Policy Act is amended--
(1) by inserting ``(a)'' after ``Sec. 6'';
(2) by inserting at the end of subsection (a) (as
designated by paragraph (1)) the following: ``This subsection
shall not apply to contracts entered into, renewed,
transferred, assigned, or renegotiated after the date of
enactment of this sentence.''; and
(3) by adding at the end the following:
``(b) Effective with respect to contracts entered into, renewed,
transferred, assigned, or renegotiated under this Act after the date of
enactment of this subsection, all right, title, and interest to any
structure, fixture, or improvement acquired or constructed on land
owned by the United States within an area administered by the National
Park Service shall vest in the United States.
``(c) The Secretary shall acquire any possessory interest
established before the date of enactment of this subsection relating to
any contract subject to subsection (a) with funds made available by
section 10(2). Possessory interests relating to a concession shall be
acquired before the end of the first contract period beginning after
the date of enactment of this subsection that relates to that
concession.
``(d) Except as provided in section 11 of the Act entitled `An Act
to establish the National Park Foundation', approved December 18, 1967,
the Secretary may not approve the direct or indirect transfer of the
possessory interest relating to a contract subject to this Act.''.
SEC. 4. AVAILABILITY OF AUDIT INFORMATION.
The first undesignated paragraph of section 9 of the National Park
Service Concessions Policy Act (16 U.S.C. 20g) is amended by adding at
the end the following: ``A record of each audit under this section
shall be available to the public in a manner that does not reveal trade
secrets and commercial or financial information that is privileged or
confidential.''.
SEC. 5. USE OF FRANCHISE FEES.
(a) In General.--The National Park Service Concessions Policy Act
is amended by adding at the end the following new section:
``SEC. 10. USE OF FRANCHISE FEES.
``All receipts from franchise fees, however stated, collected
pursuant to this Act after September 30, 1991, shall be covered into a
special account established in the Treasury of the United States.
Amounts covered into the account in a fiscal year shall be available
without further appropriation after the end of the fiscal year as
follows:
``(1) 2.5 percent of such receipts shall be available for
the purposes of section 3 of the National Park System Visitor
Facilities Fund Act.
``(2) 77.5 percent of the receipts shall be allocated among
the units of the National Park System in the same proportion as
franchise fees from a unit bears to the total amount collected
from all units under this section and shall be for capital and
resource management, interpretation, and conservation needs and
acquisition of possessory interest under section 6.
``(3) The remaining 20 percent shall be allocated among the
units of the National Park System on the basis of capital and
resource management, interpretation, and conservation need as
determined by the Director.''.
(b) Conforming Amendment.--Section 3 of the National Park System
Visitor Facilities Fund Act (16 U.S.C. 19bb) is amended by striking
``all National Park System concession fees, including franchise fees
and building user fees,'' and inserting ``2.5 percent of all National
Park System concession franchise fees and all National Park System
concession building user fees''.
(c) National Park Foundation.--The Act entitled ``An Act to
establish the National Park Foundation'' (16 U.S.C. 19c-19n) is amended
by adding at the end the following:
``Sec. 11. The Foundation is authorized to acquire the possessory
interest relating to a concession if that possessory interest, upon
acquisition by the Foundation, is transferred to the United States. For
the purpose of this section, the term `possessory interest' has the
meaning given such term under section 6 of the Act entitled `An Act
relating to the establishment of concession policies in the areas
administered by National Park Service and for other purposes', approved
October 9, 1965.''. | National Park Revitalization Act - Amends the National Park Service Concessions Policy Act (the Act) to limit the period of a concession contract in a National Park System unit to ten years to a maximum of 15 years if the Secretary of the Interior finds that a longer period is necessary for the acquisition of possessory interest.
Sets forth certain requirements of such contracts.
Repeals provisions of the Act to release the United States from any obligation to compensate concessioners for loss of specified investments.
Provides that franchise fees shall be based on annual gross receipts from the concession and shall not be less than a specified percentage of such receipts.
Makes the concessioner responsible for all utility costs incurred in the operation of the concession under such contracts.
Amends Federal law to prohibit the Secretary from reimbursing concessioners for utility services in the National Park System.
Prohibits the Secretary from granting preferential rights to concessioners with respect to additional contracts, and renewal of contracts or permits.
Vests in the United States all right, title, and interest to any structure, fixture, or improvement acquired or constructed on federally-owned land within an area administered by the National Park Service.
Directs the Secretary to acquire any possessory interest relating to concession contracts established before the enactment of this Act.
Prohibits the Secretary from approving the direct or indirect transfer of the possessory interest to a contract subject to this Act, with exceptions.
Requires that a record of each audit under the Act be available to the public in a way that prevents revealing trade secrets and commercial or financial information that is privileged or confidential.
Specifies allocations, at the end of a fiscal year, of such franchise fees deposited into a special account established in the Treasury, during that year. | {"src": "billsum_train", "title": "National Park Revitalization Act"} | 2,140 | 397 | 0.604494 | 2.003832 | 0.788177 | 3.707463 | 5.829851 | 0.883582 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Redeployment from Iraq
Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Authorization for Use of Military Force Against
Iraq Resolution of 2002 (Public Law 107-243), enacted into law
on October 16, 2002, authorized the President to use the Armed
Forces as the President determined necessary and appropriate in
order to defend the national security of the United States
against the continuing threat posed by the Government of Iraq
at that time;
(2) the Government of Iraq which was in power at the time
the Authorization for Use of Military Force Against Iraq
Resolution of 2002 was enacted into law has been removed from
power and its leader indicted, tried, convicted, and executed
by the new freely-elected democratic Government of Iraq;
(3) the current Government of Iraq does not pose a threat
to the United States or its interests; and
(4) after more than four years of valiant efforts by
members of the Armed Forces and United States civilians, the
Government of Iraq must now be responsible for Iraq's future
course.
SEC. 3. REQUIREMENT TO REDUCE THE NUMBER OF ARMED FORCES IN IRAQ AND
TRANSITION TO A LIMITED PRESENCE OF THE ARMED FORCES IN
IRAQ.
(a) Requirement.--The Secretary of Defense shall commence the
reduction of the number of Armed Forces in Iraq beginning not later
than 120 days after the date of the enactment of this Act and shall
complete the reduction and transition to a limited presence of the
Armed Forces in Iraq by not later than April 1, 2008.
(b) Reduction and Transition To Be Carried Out in a Safe and
Orderly Manner.--The reduction of the number of Armed Forces in Iraq
and transition to a limited presence of the Armed Forces in Iraq
required by subsection (a) shall be implemented in a safe and orderly
manner, with maximum attention paid to protection of the Armed Forces
that are being redeployed from Iraq.
(c) Reduction and Transition to Further Comprehensive Strategy.--
The reduction of the number of Armed Forces in Iraq and transition to a
limited presence of the Armed Forces in Iraq required by subsection (a)
shall further be implemented as part of the comprehensive United States
strategy for Iraq required by section 4 of this Act.
SEC. 4. COMPREHENSIVE UNITED STATES STRATEGY FOR IRAQ.
(a) Strategy Required.--Not later than January 1, 2008, the
President shall transmit to the appropriate congressional committees a
comprehensive United States strategy for Iraq.
(b) Matters To Be Included.--The strategy required by subsection
(a) shall include the following:
(1) A discussion of United States national security
interests in Iraq and the broader Middle East region and the
diplomatic, political, economic, and military components of a
comprehensive strategy to maintain and advance such interests
as the Armed Forces are redeployed from Iraq pursuant to
section 3 of this Act.
(2) A justification of the minimum force levels required to
protect United States national security interests in Iraq after
April 1, 2008, including a description of the specific missions
of the Armed Forces to be undertaken. The justification shall
include--
(A) the projected number of Armed Forces necessary
to carry out the missions;
(B) the projected annual cost of the missions; and
(C) the expected duration of the missions.
(3) As part of the justification required by paragraph (2),
the President shall, at a minimum, address whether it is
necessary for the Armed Forces to carry out the following
missions:
(A) Protecting United States diplomatic facilities
and United States citizens, including members of the
Armed Forces who are engaged in carrying out other
missions.
(B) Serving in roles consistent with customary
diplomatic positions.
(C) Engaging in actions to disrupt and eliminate
al-Qaeda and its affiliated organizations in Iraq.
(D) Training and equipping members of the Iraqi
Security Forces.
(4) Specific plans for diplomatic initiatives to engage
United States allies and others in the region to bring
stability to Iraq.
(c) Update of Strategy.--Not later than July 1, 2008, and every 90
days thereafter, the President shall transmit to the appropriate
congressional committees an update of the strategy required by
subsection (a), including a description of the number of Armed Forces
deployed to Iraq and the missions for which such Armed Forces are so
deployed.
(d) Form.--The strategy required by subsection (a) and each update
of the strategy required by subsection (c) shall be transmitted in
unclassified form, but may contain a classified annex, if necessary.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs 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. 5. ARMED FORCES DEFINED.
In this Act, the term ``Armed Forces'' has the meaning given the
term in section 101 of title 10, United States Code.
Passed the House of Representatives July 12, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Responsible Redeployment from Iraq Act - Expresses the sense of Congress that: (1) the Authorization for Use of Military Force Against Iraq Resolution of 2002 authorized the President to use the Armed Forces as appropriate to defend U.S. national security against the continuing threat posed by the government of Iraq at the time; (2) the government of Iraq which was in power at that time has been removed; (3) the current Iraqi government does not pose a threat to the United States; and (4) after more than four years of efforts by members of the Armed Forces and U.S. civilians, the government of Iraq must now be responsible for Iraq's future course.
Directs the Secretary of Defense to commence the reduction of the number of Armed Forces in Iraq beginning no later than 120 days after the enactment of this Act and complete the reduction and transition to a limited presence in Iraq by no later than April 1, 2008
Directs the President, by January 1, 2008, to transmit to the congressional defense, appropriations, and foreign relations committees a comprehensive U.S. strategy for Iraq. Requires the President to update such strategy no later than July 1, 2008, and every 90 days thereafter, including a description of the number of Armed Forces deployed to Iraq and the missions for which they are so deployed. | {"src": "billsum_train", "title": "To require the Secretary of Defense to commence the reduction of the number of United States Armed Forces in Iraq to a limited presence by April 1, 2008, and for other purposes."} | 1,198 | 285 | 0.786543 | 2.296503 | 0.788046 | 5.87251 | 4.406375 | 0.956175 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neuromyelitis Optica Consortium
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Neuromyelitis optica (NMO) is a devastating neurologic
disease leading to blindness and paralysis.
(2) There are an estimated 11,000 patients with NMO in the
United States.
(3) Women are affected 7 to 9 times more than men, and a
large proportion of NMO patients are African-American.
(4) The average age at diagnosis is 41 years, but the range
is broad and includes children as young as 2 years of age and
adults as old as 89 years of age.
(5) NMO incurs substantial costs for affected patients and
their families.
(6) The cause of NMO is unknown, but it is hypothesized to
be autoimmune in nature.
(7) More than 90 percent of NMO patients will suffer
recurrent disease and accumulate neurologic disability.
(8) Because of their relatively low overall incidence,
orphan diseases like NMO frequently do not receive sufficient
attention and research funding.
(9) No single institution has a sufficient number of
patients to independently conduct research that will adequately
address the cause of NMO.
(10) There has been no comprehensive study analyzing all
relevant clinical, biological, and epidemiological aspects of
NMO to identify potential risk factors and biomarkers for NMO.
(11) We can apply our understanding of NMO to the study of
other autoimmune diseases, including multiple sclerosis and
systemic lupus erythematosus.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that there is a need--
(1) to establish and coordinate a multicenter research
effort based on collaboration between regional consortia and
governmental and nongovernmental entities in order to--
(A) comprehensively study the causes of NMO; and
(B) identify potential biomarkers of disease
activity; and
(2) to encourage a collaborative effort among academic
medical centers with epidemiological study groups to gather
comprehensive and detailed information for each patient
enrolled in those groups, in order to investigate
environmental, nutritional, and genetic factors with respect
to, and the pathological and epidemiological characteristics
of, NMO.
SEC. 4. ESTABLISHMENT OF THE NATIONAL NEUROMYELITIS OPTICA CONSORTIUM.
Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding after section 409J the following new
section:
``SEC. 409K. NATIONAL NEUROMYELITIS OPTICA CONSORTIUM.
``(a) Establishment of the National Neuromyelitis Optica
Consortium.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Secretary, acting through
the Director of NIH, and in coordination with the Director of
the National Institute on Minority Health and Health
Disparities, shall establish, administer, and coordinate a
National Neuromyelitis Optica Consortium (in this section
referred to as the `NNO Consortium') for the purposes described
in paragraph (2).
``(2) Purposes.--The purposes of the NNO Consortium shall
be the following:
``(A) Providing grants of not fewer than 5 years
duration to eligible consortia for the purpose of
conducting research with respect to the causes of, and
the risk factors and biomarkers associated with, NMO.
``(B) Assembling a panel of experts to provide,
with respect to research funded by the NNO Consortium,
ongoing guidance and recommendations for the
development of the following:
``(i) A common study design.
``(ii) Standard protocols, methods,
procedures, and assays for collecting from
individuals enrolled as study participants a
minimum dataset that includes the following:
``(I) Complete medical history.
``(II) Neurologic examination.
``(III) Biospecimens, including
blood, spinal fluid, DNA, and RNA.
``(IV) Radiological data including
magnetic resonance imaging (MRI).
``(iii) Specific analytical methods for
examining data.
``(iv) Provisions for consensus review of
enrolled cases.
``(v) An integrated data collection
network.
``(C) Designating a central laboratory to collect,
analyze, and aggregate data with respect to research
funded by the NNO Consortium and to make such data and
analysis available to researchers.
``(3) Eligible consortia.--To be eligible for a grant under
this section, a consortium shall demonstrate the following:
``(A) The consortium has the capability to enroll
as research participants a minimum of 25 individuals
with a diagnosis of NMO from the consortium's
designated catchment area.
``(B) The designated catchment area of the
consortium does not overlap with the designated
catchment area of another consortium already receiving
a grant under this section.
``(4) Report.--Not later than 1 year after the date of the
enactment of this section and annually thereafter, the
Secretary, acting through the Director of NIH, shall submit to
Congress a report with respect to the NNO Consortium, to be
made publicly available, including a summary of research funded
by the NNO Consortium and a list of consortia receiving grants
through the NNO Consortium. At the discretion of the Secretary,
such report may be combined with other similar or existing
reports.
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated $25,000,000 for each of fiscal years 2014
through 2018, to remain available until expended, to
carry out this section.
``(B) Sense of congress.--It is the sense of
Congress that funds appropriated to carry out this
section should be in addition to funds otherwise
available or appropriated to carry out the activities
described in this section.
``(b) Definitions.--For purposes of this section:
``(1) Catchment area.--The term `catchment area' means a
defined area for which population data are available.
``(2) Consortium.--The term `consortium' means a
partnership of 2 or more universities, health care
organizations, or government agencies, or any combination of
such entities, serving a designated catchment area.''. | Neuromyelitis Optica Consortium Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish, administer, and coordinate a National Neuromyelitis Optica (NMO) Consortium to: (1) award grants of not fewer than five years duration to conduct research with respect to the causes of, and the risk factors and biomarkers associated with, NMO (a neurological disease leading to blindness and paralysis); (2) assemble a panel of experts to provide ongoing guidance and the recommendations on research design and protocols, and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to such research and to make such data and analysis available to researchers. Establishes eligibility requirements for a consortium (a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities), including that: (1) it has the capability to enroll a minimum of 25 individuals with a diagnosis of NMO as research participants from the designated catchment area (geographical area), and (2) that the catchment area does not overlap with any other consortium receiving a grant under this Act. | {"src": "billsum_train", "title": "Neuromyelitis Optica Consortium Act"} | 1,409 | 249 | 0.584543 | 2.077204 | 0.78496 | 4.062222 | 5.688889 | 0.942222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broad-Based Stock Option Plan
Transparency Act of 2003''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds that--
(1) innovation and entrepreneurship, particularly in the
high technology industry, helped propel the economic growth of
the 1990s, and will continue to be the essential building
blocks of economic growth in the 21st century;
(2) broad-based employee stock option plans enable
entrepreneurs and corporations to attract quality workers, to
incentivize worker innovation, and to stimulate productivity,
which in turn increase shareholder value;
(3) broad-based employee stock options plans that expand
corporate ownership to rank-and-file employees spur capital
formation, benefit workers, and improve corporate performance
to the benefit of investors and the economy;
(4) concerns raised about the impact of employee stock
option plans on shareholder value raise legitimate issues
relevant to the current level of disclosure and transparency of
those plans to current and potential investors; and
(5) investors deserve to have accurate, reliable, and
meaningful information about the existence of outstanding
employee stock options and their impact on the share value of a
going concern.
SEC. 3. IMPROVED EMPLOYEE STOCK OPTION TRANSPARENCY AND REPORTING
DISCLOSURES.
(a) Enhanced Disclosures Required.--Not later than 180 days after
the date of enactment of this Act, the Securities and Exchange
Commission (in this Act referred to as the ``Commission'') shall, by
rule, require, for each company required to file periodic reports under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m, 78o(d)), that such reports include detailed information
regarding stock option plans, stock purchase plans, and other
arrangements involving an employee acquisition of an equity interest in
the company, particularly with respect to the dilutive effect of such
plans, including--
(1) a discussion, written in ``plain English'' (in
accordance with the Plain English Handbook published by the
Office of Investor Education and Assistance of the Commission),
of the dilutive effect of stock option plans, including tables
or graphic illustrations of such dilutive effects;
(2) expanded disclosure of the dilutive effect of employee
stock options on the earnings per share number of the company;
(3) prominent placement and increased comparability of all
stock option related information; and
(4) a summary of the stock options granted to the 5 most
highly compensated executive officers of the company, including
any outstanding stock options of those officers.
(b) Equity Interest.--As used in this section, the term ``equity
interest'' includes common stock, preferred stock, stock appreciation
rights, phantom stock, and any other security that replicates the
investment characteristics of such securities, and any right or option
to acquire any such security.
SEC. 4. EVALUATION OF EMPLOYEE STOCK OPTION PLANS TRANSPARENCY AND
REPORTING DISCLOSURES AND REPORT TO CONGRESS.
(a) Study and Report.--
(1) Study.--During the 3-year period following the date of
issuance of a final rule under section 3(a), the Commission
shall conduct a study of the effectiveness of the enhanced
disclosures required by section 3 in increasing transparency to
current and potential investors.
(2) Report.--Not later than 180 days after the end of the
3-year period referred to in paragraph (1), the Commission
shall transmit a report of the results of the study conducted
under paragraph (1) to the Committee on Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate.
(b) Moratorium on New Accounting Standards Related to Stock
Options.--During the period beginning on the date of enactment of this
Act and ending 60 days after the date of transmission of the report
required under subsection (a)(2), the Commission shall not recognize as
generally accepted accounting principles for purposes of enforcing the
securities laws any accounting standards related to the treatment of
stock options that the Commission did not recognize for that purpose
before April 1, 2003.
SEC. 5. STUDY ON THE ECONOMIC IMPACT OF BROAD-BASED EMPLOYEE STOCK
OPTION PLANS AND REPORT TO CONGRESS.
(a) Study.--
(1) In general.--The Secretary of Commerce shall conduct a
study and analysis of broad-based employee stock option plans,
particularly in the high technology and any other high growth
industries.
(2) Content.--The study and analysis required by paragraph
(1) shall include an examination of--
(A) the impact of such plans on expanding employee
corporate ownership to workers at a wide-range of
income levels, with a particular focus on rank-and-file
employees;
(B) the role of such plans in the recruitment and
retention of skilled workers; and
(C) the role of such plans in stimulating research
and innovation;
(D) the impact of such plans on the economic growth
of the United States; and
(E) the role of such plans in strengthening the
international competitiveness of companies organized
under the laws of the United States.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of Commerce shall submit a report on the study
and analysis required by subsection (a) to--
(1) the Committee on Energy and Commerce and the Committee
on Financial Services of the House of Representatives; and
(2) the Committee on Commerce, Science, and Transportation
and the Committee on Banking, Housing, and Urban Affairs of the
Senate. | Broad-Based Stock Option Plan Transparency Act of 2003 - Directs the Securities and Exchange Commission (SEC) to require that certain mandatory periodic reports include detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the publicly traded company, particularly with respect to the dilutive effect of such plans.
Requires such reports to include: (1) a discussion, written in "plain English" of the dilutive effect of stock option plans, including tables or graphic illustrations; (2) expanded disclosure of the dilutive effect of employee stock options upon the earnings per share number of the company; (3) prominent placement and increased comparability of all stock options related information; and (4) a summary of the stock options granted to the five most highly compensated executive officers of the company, including any outstanding stock options of those officers.
Directs the SEC to study and report to Congress on the effectiveness of the enhanced disclosures in increasing transparency to investors.
Prohibits the SEC from recognizing as generally accepted accounting principles for purposes of enforcing the securities laws any accounting standards related to the treatment of stock options that it did not recognize for that purpose before April 1, 2003.
Instructs the Secretary of Commerce to report to Congress on a study and analysis of broad-based employee stock option plans, particularly in the high technology and any other high growth industries. | {"src": "billsum_train", "title": "A bill to direct the Securities and Exchange Commission to require enhanced disclosures of employee stock options, to require a study on the economic impact of broad-based employee stock option plans, and for other purposes."} | 1,211 | 295 | 0.716066 | 2.28475 | 0.9807 | 6.819853 | 4.202206 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Same Number Act of 2007''.
SEC. 2. VOICE SERVICE NUMBER PORTABILITY.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by inserting after section 714 the
following:
``SEC. 715. NUMBER PORTABILITY.
``(a) In General.--A provider of voice services has the duty to
provide, to the extent technically feasible, number portability in
accordance with requirements prescribed by the Commission.
``(b) Standards.--
``(1) In general.--Within 270 days after the date of
enactment of the Same Number Act of 2007, to facilitate
consumer choice among voice service providers the Commission
shall establish number portability performance standards for
voice service providers that, at a minimum--
``(A) identify classes of ports;
``(B) where appropriate, establish expeditious time
frames for each class of port, which may include
timeframes for different stages of the porting;
``(C) establish requirements governing the exchange
of data between voice service providers in connection
with porting a number, including any limits on customer
validation fields or other data fields that may be
required by voice service providers; and
``(D) encourage the reasonable automation of the
porting process.
``(2) Flexibility.--In adopting performance standards under
paragraph (1), the Commission may establish more flexible
standards for different classes of providers within a type of
voice service provider if the Commission determines that the
uniform application of a single standard or time frame for
compliance would result in unreasonable compliance costs for a
class of providers.
``(3) Public access to timeframes.--The Commission shall
make available to the public on its Internet website any
standard timeframes established by the Commission under
paragraph (1).
``(c) Porting Reporting.--
``(1) Providers.--Beginning 1 year after the date on which
the Commission issues a final rule under subsection (b)
establishing number portability performance standards for voice
service providers, a voice service provider shall submit a
report each year to the Commission on its number portability
activity during the preceding 12 months, including a statement
of the number of ports it failed to complete within the time
required by the standards, and an explanation of the reason for
such failures.
``(2) Commission.--Beginning 1 year after the date on which
the Commission issues the final rule under subsection (b), the
Commission shall submit a report each year to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce on
the effectiveness and efficiency of the number portability
performance standards for voice service providers established
under this section.
``(3) Sunset.--The requirements of this subsection shall
cease to apply 60 months after the date on which the Commission
issues such final rule.
``(d) Numbering Administration.--
``(1) Commission authority and jurisdiction.--The
Commission shall designate 1 or more impartial entities to
administer telecommunications and voice service numbering and
to ensure that numbers are available on an equitable basis. The
Commission has exclusive jurisdiction of those portions of the
North American Numbering Plan that pertain to the United
States. Nothing in this subsection precludes the Commission
from delegating to State Commission or other entities all or a
portion of such jurisdiction.
``(2) Costs.--The costs of establishing numbering
administration arrangements and number portability shall be
borne by all voice service providers on a competitively neutral
basis, as determined by the Commission.
``(3) Universal emergency telephone number.--The Commission
and any agency or entity to which the Commission has delegated
authority under section 715(e) shall designate 9-1-1 as the
universal emergency telephone number within the United States
for reporting an emergency to appropriate authorities and
requesting assistance. The designation shall apply to both
wireline and wireless telephone service. In making the
designation, the Commission (and any such agency or entity)
shall provide appropriate transition periods for areas in which
9-1-1 is not in use as an emergency telephone number on the
date of enactment of the Wireless Communications and Public
Safety Act of 1999.
``(e) Voice Service Defined.--In this section, the term `voice
service' means--
``(1) a telecommunications service; or
``(2) any service that is not a telecommunications service,
but that otherwise is an IP-enabled voice service as defined in
section 9.3 of the Commission's regulations (47 C.F.R. 9.3), as
those regulations may be amended by the Commission from time to
time.''.
(b) Conforming Amendments.--Section 251 of the Communications Act
of 1934 (47 U.S.C. 251) is amended--
(1) by striking subsection (b)(2) and redesignating
paragraphs (3), (4), and (5) of subsection (b) as paragraphs
(2), (3), and (4), respectively; and
(2) by striking subsection (e) and redesignating
subsections (f), (g), (h), and (i) as subsections (e), (f),
(g), and (h), respectively. | Same Number Act of 2007 - Amends the Communications Act of 1934 to declare that a provider of voice services (a telecommunications service or an IP-enabled voice service) has the duty to provide number portability to the extent technically feasible. Requires the Federal Communications Commission (FCC) to establish number portability performance standards for such providers.
Requires the FCC to designate one or more impartial entities to administer telecommunications and voice service numbering and to ensure that numbers are available on an equitable basis. Gives the FCC exclusive jurisdiction of those portions of the North American Numbering Plan that pertain to the United States.
Requires that the costs of establishing numbering administration arrangements and number portability be borne by all voice service providers on a competitively neutral basis.
Requires designation of 9-1-1 as the universal emergency telephone number within the United States for both wireline and wireless telephone service. | {"src": "billsum_train", "title": "A bill to amend the Communications Act of 1934 to facilitate number portability in order to increase consumer choice of voice service provider."} | 1,155 | 203 | 0.560445 | 1.541368 | 0.783901 | 5.083832 | 6.51497 | 0.916168 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Nuclear Workers' Health
Insurance Act of 1993''.
SEC. 2. HEALTH INSURANCE PROGRAM FOR CERTAIN FORMER DEPARTMENT OF
ENERGY EMPLOYEES EXPOSED TO IONIZING RADIATION.
(a) Establishment of Program.--The Secretary of Energy shall
provide in accordance with this section for payment to (or on behalf
of) certain former Department of Energy employees (described in
subsection (b)) for all reasonable expenses for certain health care
services (described in subsection (c)) incurred (whether through
insurance or out-of-pocket) above the threshold dollar amount specified
in subsection (d).
(b) Former Employees Covered.--An employee described in this
section is an individual who--
(1) was (but is no longer) employed at a Department of
Energy defense nuclear facility (as defined in subsection
(g)(3));
(2) while employed at that facility--
(A) received 10 REM or more total exposure to
ionizing radiation or 10 percent or more of the maximum
permissible body burden exposure to ionizing radiation,
or
(B) was employed for 5 years or more in a building
or facility in which radioactive materials were
regularly stored, handled, processed, or disposed of;
and
(3) is not entitled to benefits under the Medicare Program.
(c) Reasonable Expenses for Certain Health Care Services Covered.--
(1) In general.--Reasonable expenses for certain health
care services described in this subsection are expenses in a
reasonable amount for health care services which are medically
reasonable and necessary for treatment of--
(A)(i) leukemia or cancer of the blood-forming
tissues (excluding chronic lymphocytic leukemia),
(ii) multiple myeloma or muscle cancer affecting
the spinal cord, or lymphoma (other than Hodgkin's
disease), or
(iii) cancer of the thyroid, lung, breast, brain or
nervous system, bone, skin, prostate, parathyroid
glands, stomach, colon or rectum, esophagus, bladder,
urinary tract, pharynx, pancreas, small intestine, bile
ducts, gall bladder, or liver (except if cirrhosis or
hepatitis B is indicated); or
(B) another disease if the Secretary of Energy (in
consultation with the Secretary of Health and Human
Services) determines that there is a reasonable medical
certainty that such disease could have been directly or
indirectly caused by an illness referred to in
subparagraph (A).
(2) Determination of reasonable amount.--In applying
paragraph (1)--
(A) health care expenses shall be treated as being
``in a reasonable amount'' based on a typical payment
methodology used under FEHBP plans, and
(B) treatment of an illness shall be considered to
be medically reasonable and necessary if payment for
such treatment can be expected to be made under either
an FEHBP plan or under the Medicare Program.
(3) Health services defined.--In paragraph (1), the term
``health care services'' means health care items and services
that are the type of items and services for which benefits are
made available either under an FEHBP plan or under the Medicare
Program and includes hospital services, physicians services,
outpatient prescription drugs, hospice care, home health
services, skilled nursing facility services, and rehabilitation
(inpatient and outpatient) services.
(d) Threshold Dollar Amount.--The threshold dollar amount specified
in this subsection is $25,000 with respect to any individual during the
individual's lifetime, not counting expenses incurred before the date
of the enactment of this Act.
(e) Administration.--The Secretary of Energy may carry out this
section directly, through a memorandum of understanding with an
appropriate Federal department or agency, or through a contract with an
appropriate health insurance carrier or administrator.
(f) Effective Date.--The Secretary of Energy shall establish the
insurance program under this section by not later than 6 months after
the date of the enactment of this Act. The program shall apply to
expenses incurred for services furnished on or after the date the
program first becomes effective.
(g) Definitions.--In this section:
(1) The term ``FEHBP plan'' means a health plan typical of
the health plans offered to Federal employees and annuitants
under chapter 89 of title 5, United States Code.
(2) The term ``medicare program'' means the program under
title XVIII of the Social Security Act.
(3) The term ``Department of Energy defense nuclear
facility'' means--
(A) a production facility or utilization facility
(as defined in section 11 of the Atomic Energy Act of
1954 (42 U.S.C. 2014)) that is under the control or
jurisdiction of the Secretary of Energy and that is
operated for national security purposes (including the
tritium loading facility at Savannah River, South
Carolina; the 236 H facility at Savannah River, South
Carolina; and the Mound Laboratory, Ohio), but the term
does not include any facility that does not conduct
atomic energy defense activities;
(B) a nuclear waste storage or disposal facility
that is under the control or jurisdiction of the
Secretary of Energy;
(C) a testing and assembly facility that is under
the control or jurisdiction of the Secretary of Energy
and that is operated for national security purposes
(including the test site facility in Nevada; the
Pinnellas Plant, Florida; and the Pantex facility,
Texas);
(D) a nuclear weapons research facility that is
under the control or jurisdiction of the Secretary of
Energy (including the Lawrence Livermore, Los Alamos,
and Sandia National Laboratories); or
(E) any facility described in subparagraphs (A)
through (D) that--
(i) is no longer in operation;
(ii) was under the control or jurisdiction
of the Department of Defense, the Atomic Energy
Commission, or the Energy Research and
Development Administration; and
(iii) was operated for national security
purposes. | Defense Nuclear Workers' Health Insurance Act of 1993 - Directs the Secretary of Energy to establish a health insurance program for certain former employees of Department of Energy defense nuclear facilities exposed to ionizing radiation for certain cancer health care expenses incurred above $25,000. | {"src": "billsum_train", "title": "Defense Nuclear Workers' Health Insurance Act of 1993"} | 1,353 | 54 | 0.521908 | 1.408625 | 0.666648 | 3.255319 | 25.978723 | 0.957447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Choices in Child Care Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Currently, child care assistance for children from low-
income working families is severely underfunded, allowing only
1 in 7 eligible children to receive child care assistance for
children from birth to age 13.
(2) Funding for the Child Care and Development Block Grant
Act of 1990 has remained relatively flat for 5 years, making it
more difficult for children from eligible families to receive
child care assistance.
(3) In the majority of United States families, parents,
whether married or single, must work to provide economic
security for their families and, not the least, for the infants
newly welcomed into the families. Fifty-five percent of women
with children less than 1 year of age are part of the
workforce, while 73 percent of women with children 1 year of
age or older are in the workforce.
(4) Research shows that the quality and nature of
caretaking in the first months and years of life are critical
to a young child's subsequent brain development, social
development, and well-being. Healthy early development depends
on nurturing and responsible relationships.
(5) Research also shows that there is an extreme shortage
of quality, affordable child care for infants. Numerous studies
document lack of infant care and, in particular, affordable
care that meets basic health and safety standards, particularly
in rural areas. The current number of infant slots of licensed
child care providers can only meet 18 percent of the potential
need. The shortage is even more acute in rural areas,
especially those with a high percentage of low-wage residents.
(6) For the well-being of United States children, and for
the economic security of the families on which the children
depend, working parents should be able to provide child care
for infants themselves without undermining family economic
stability.
SEC. 3. AT-HOME INFANT CARE.
The Child Care and Development Block Grant Act of 1990 is amended
by inserting after section 658G (42 U.S.C. 9858e) the following:
``SEC. 658H. DEMONSTRATION PROJECTS TO PROVIDE AT-HOME INFANT CARE
BENEFITS.
``(a) Authority To Award Grants.--
``(1) In general.--The Secretary shall award grants to not
less than 5 and not more than 7 States to enable such States to
carry out demonstration projects to provide at-home infant care
benefits to eligible low-income families.
``(2) Indian tribes.--The Secretary may award grants to
Indian tribes under this subsection. An Indian tribe that
receives a grant under this subsection shall carry out a
demonstration project to provide at-home infant care benefits
to eligible low-income families. The Indian tribe shall carry
out the demonstration project in the same manner, and to the
same extent, as a State that receives a grant under this
subsection, except that the Secretary may modify the
requirements of this section as appropriate with respect to the
Indian tribe.
``(3) Calculation.--Any grant awarded to an Indian tribe
under paragraph (2) shall not be counted in determining the
number of grants awarded to States under paragraph (1).
``(b) Demonstration Projects.--
``(1) Application for participation and selection of
states.--
``(A) In general.--To be eligible to participate in
the program carried out under this section and receive
a grant under subsection (a) to carry out a
demonstration project, a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
``(B) Notice.--Not later than 90 days after the
date of enactment of Choices in Child Care Act, the
Secretary shall publish in the Federal Register a
notice of opportunity to participate in the program and
receive such a grant, specifying the contents of an
application described in subparagraph (A). The notice
shall include a timeframe for States to submit such an
application, and shall provide that all such
applications shall be submitted not later than 270 days
after such date of enactment.
``(C) Selection.--
``(i) In general.--The Secretary shall
review the applications and select the
participating States not later than 1 year
after such date of enactment.
``(ii) Criteria.--In selecting the
participating States, the Secretary shall--
``(I) seek to ensure geographic
diversity; and
``(II) give priority to States--
``(aa) whose applications
demonstrate a strong commitment
to improving the quality of
infant care and the choices
available to parents of
infants;
``(bb) with experience
relevant to the operation of
at-home infant care programs;
and
``(cc) in which there are
demonstrable shortages of
infant care.
``(2) Required certifications.--A State selected to be a
participating State shall provide certifications to the
Secretary, with respect to the demonstration project to be
carried out by the State, that--
``(A) during the period during which the State
carries out the demonstration project, the State will
not reduce expenditures for child care services below
the level of such expenditures made by the State in the
fiscal year preceding the fiscal year in which the
State began to carry out the project;
``(B) the State, in carrying out the demonstration
project--
``(i) will not give priority or preference
to--
``(I) eligible low-income families
seeking to receive at-home infant care
benefits through the demonstration
project; over
``(II) other eligible low-income
families on a waiting list for child
care assistance through another program
in the State; but
``(ii) will select a combination of
families described in clause (i)(I) and
families described in (i)(II) to receive at-
home infant care benefits;
``(C) the State will--
``(i) provide parents applying to receive
at-home infant care benefits with in- formation
on the range of options for child care
available to the parents;
``(ii) ensure that approved applicants for
at-home infant care benefits are permitted to
choose between receipt of at-home infant care
benefit subsidies, and receipt of certificates
that may be used with an eligible child care
provider for child care needed for employment;
and
``(iii) provide that a family receiving at-
home infant care benefit subsidies may exchange
the subsidies for certificates described in
clause (ii) at any time during the family's
participation in the demonstration project;
``(D) the State will develop or update, and
implement, a plan to improve the quality of infant care
in the State, and provide parent education and support
services to participants in the demonstration project;
and
``(E) the State will cooperate with information
collection and evaluations conducted by the Secretary.
``(3) Family eligibility.--
``(A) In general.--To be eligible to receive at-
home infant care benefits through a demonstration
project under this section, a family shall--
``(i) have a family income that does not
exceed the limit specified in section
658P(4)(B);
``(ii) include a child under the age of 12
months (or, at the election of the State
carrying out the demonstration project, under
the age of 24 months);
``(iii) include a parent who had a recent
work history (as determined in accordance with
the State's requirements for such a work
history) prior to application for the at-home
infant care benefits; and
``(iv) meet such other eligibility
requirements as the State may establish.
``(B) Two-parent families.--A State selected to
carry out a demonstration project under this section
shall permit 2-parent families to participate in the
project but may not limit participation in the project
to such families.
``(4) Amount of assistance.--The amount of an at-home
infant care benefit provided to an eligible low-income family
under this section for a month shall not exceed the monthly
amount obtained by applying 100 percent of the State's maximum
rate for a licensed family child care provider for full-time
infant care.
``(5) TANF assistance.--The receipt of an at-home infant
care benefit under this section shall not be considered to be
assistance for any purpose under the program of block grants to
States for temporary assistance for needy families established
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.).
``(6) Benefit not treated as income.--Notwithstanding any
other provision of law, the value of an at-home infant care
benefit shall not be treated as income for purposes of any
Federal or federally-assisted program that bases eligibility,
or the amount of benefits or services provided, on need.
``(c) Evaluation and Report to Congress.--
``(1) In general.--The Secretary shall conduct an
evaluation of the demonstration projects carried out under this
section and submit a report to Congress containing the results
of such evaluation not later than 4 years after the date of
enactment of Choices in Child Care Act.
``(2) Requirements.--In conducting the evaluation, the
Secretary shall examine the following:
``(A) Implementation experiences of the States
carrying out the demonstration projects in developing
and operating projects providing at-home infant care
benefits, including design issues and issues in
coordinating at-home infant care benefits provided
under this section with benefits provided or funded
under another provision of this Act in the State.
``(B) The characteristics of families seeking to
participate and participating in the demonstration
projects providing at-home infant care benefits funded
under this section.
``(C) The length of participation by families in
such demonstration projects and the reasons for the
families ceasing to participate in the demonstration
projects.
``(D) The prior and subsequent employment of the
participating families and the effect of the
demonstration project participation on subsequent
employment of the families.
``(E) The costs and benefits of the demonstration
projects.
``(F) The effectiveness of State efforts (including
tribal efforts) to improve the quality of infant care
during the periods in which the demonstration projects
are carried out.
``(3) Reservation of funds.--From the amount appropriated
under section 658B(b) for a fiscal year, the Secretary shall
reserve $1,000,000 for purposes of conducting the evaluation
required under this subsection.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND CONFORMING AMENDMENTS.
(a) Authorization of Appropriations.--Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended--
(1) by inserting: ``(a) In General.--'' before ``There
is'';
(2) by inserting ``(other than section 658H)'' after ``this
subchapter''; and
(3) by adding at the end the following:
``(b) Demonstration Projects To Provide At-Home Infant Care
Benefits.--There is authorized to be appropriated to carry out section
658H $75,000,000 for fiscal year 2007 and each subsequent fiscal
year.''.
(b) Conforming Amendments.--
(1) Reservations.--Section 658O(a) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)) is
amended--
(A) in paragraph (1), by striking ``under this
subchapter'' and inserting ``under section 658B(a)'';
and
(B) in paragraph (2), by striking ``under section
658B'' and inserting ``under section 658B(a)''.
(2) Allotments.--Section 658O(b)(1) of such Act (42 U.S.C.
9858m(b)(1)) is amended by striking ``under section 658B'' and
inserting ``under section 658B(a)''. | Choices in Child Care Act - Amends the Child Care and Development Block Grant Act of 1990 to require the Secretary of Health and Human Services to award grants to five to seven states for demonstration projects to provide at-home infant care benefits to low-income families. Allows grants to Indian tribes. Requires the Secretary to seek to ensure geographic diversity among participants and to give priority to states that demonstrate a commitment to improving the quality of infant care and the choices available to parents of infants, that have relevant experience, and that have a shortage of infant care.
Requires states, to participate in the demonstration project, to certify to the Secretary that the state: (1) will not reduce expenditures for child care services while carrying out the project; (2) will not give priority or preference to low-income families seeking to receive at-home infant care benefits over other families on a waiting list for child care assistance through other state programs, but will select a combination of such families; and (3) will ensure that applicants are permitted to choose between receipt of at-home care subsidies and certificates for child care needed for employment.
Sets forth eligibility requirements for families seeking assistance, including having a parent who had a recent work history prior to the application for benefits. Requires states to permit two-parent families to participate in the project, but prohibits states from limiting participation in the project to such families. | {"src": "billsum_train", "title": "To establish demonstration projects to provide at-home infant care benefits."} | 2,651 | 296 | 0.583323 | 1.675307 | 0.749904 | 3.666667 | 9.112319 | 0.949275 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf of Maine Conservation and
Cooperation Act of 1994''.
SEC. 2. FINDINGS.
The Congress makes the following findings regarding the Gulf of
Maine:
(1) The Gulf of Maine is a critically important
environmental and economic resource shared by the United States
and Canada.
(2) The Gulf of Maine supports abundant and diverse marine
wildlife populations, including 100 species of birds, 73
species of fish, 26 species of whales, dolphins, and porpoises,
1,600 types of bottom-dwelling organisms, and endangered
species such as the bald eagle, roseate tern, humpback whale,
and sperm whale.
(3) The Gulf of Maine holds substantial value as a
recreation resource for people today and its value as a
recreation resource will likely increase in the future. Nearly
\1/3\ of the United States population, comprising approximately
75,600,000 people, live within a 1-day drive of the Gulf of
Maine. The Gulf of Maine contains 2 United States national
parks and 1 Canadian national park, and it contains a United
States national marine sanctuary.
(4) The Gulf of Maine provides substantial commercial
benefits to the United States and Canada. Its commercial
fishing industry, including aquaculture, produces more than
$800,000,000 in revenues annually and employs 20,000 people.
Aquaculture is a growing multimillion dollar industry in the
region.
(5) Tourism and recreation in the Gulf of Maine region
generate millions of dollars in revenue each year and provide
employment for thousands. The Gulf of Maine attracts 10,000,000
visitors annually. In addition, the Gulf of Maine is home to
many economically important maritime facilities, such as ports
and shipyards.
(6) Studies conducted by national and State governments and
other agencies have determined that, without prudent,
coordinated management, the future development and use of the
resources of the Gulf of Maine may have significant adverse
impacts on the environment and economy of the bordering States,
the adjacent region, and the United States.
(7) Environmental threats to the Gulf of Maine are too
extensive and complex to be managed by any single State,
provincial, or Federal agency. Existing threats include--
(A) high levels of toxic contaminants in the deep
basin sediments of the Gulf of Maine, which indicate
that toxic contaminants are distributed throughout the
Gulf of Maine ecosystem;
(B) bacterial contamination that has closed more
than \1/3\ of the shellfish beds in the Gulf of Maine,
resulting in significant economic losses; and
(C) increasing loss of habitat in the Gulf of Maine
region, which results in diminished estuarine and
coastal habitats essential for migratory waterfowl and
commercially valuable fish species.
(8) The natural resources of the Gulf of Maine are
interconnected, forming an ecosystem that transcends political
boundaries. It is therefore important that the States,
provinces, and Federal Governments cooperate with one another
and coordinate their public policies, research, and management
activities related to the protection of the resources of the
Gulf of Maine.
(9) Interjurisdictional cooperation and coordination of
efforts, policies, and programs can maximize the efficient use
of limited fiscal resources in the Gulf of Maine region, and
further the goal of protecting the resources of the Gulf of
Maine and stimulating its economy over the long-term.
(10) The Gulf of Maine Council on the Marine Environment,
established in 1989 by the States of Maine, Massachusetts, and
New Hampshire and the Canadian Provinces of New Brunswick and
Nova Scotia (in this Act referred to as the ``Gulf of Maine
Council''), is well-equipped to assist in the coordination of
policies and activities of the multiple agencies and
scientific, environmental, fishing, and marine trade
organizations active in the Gulf of Maine region. It has laid a
cooperative, regionally based foundation for future efforts to
protect, conserve, and sustainably develop the Gulf of Maine.
(11) The Gulf of Maine Council has developed innovative and
constructive strategies and programs to maintain and enhance
marine environmental quality and to allow for sustainable
resource use, such as the Gulf of Maine Action Plan 1991-2000
and the Gulf of Maine Environmental Quality Monitoring Plan.
SEC. 3. POLICY.
It is the policy of the United States that--
(1) United States Government activities relating to
conserving the natural resources of the Gulf of Maine and
encouraging sustainable development in the region should be
maintained and strengthened; and
(2) the environmental and economic interests of the
American people are well-served by United States Government
cooperation and coordination with the Gulf of Maine Council.
SEC. 4. GULF OF MAINE INTERAGENCY TASK FORCE.
(a) Establishment.--
(1) In general.--The President shall establish a Gulf of
Maine Inter-Agency Task Force (in this Act referred to as the
``Task Force'').
(2) Purpose.--The purpose of the Task Force is to provide a
vehicle for improved interagency cooperation and coordination,
and to improve and enhance the efficiency and effectiveness of
Federal activities conducted for the purpose of the
conservation and sustainable development of the natural
resources of the Gulf of Maine.
(3) Duties.--The duties of the Task Force include the
following:
(A) Meeting on a regular basis, but not less than 2
times each year.
(B) Sharing among Task Force members information
about agency programs operating in the Gulf of Maine
region.
(C) Providing updates on agency programs and
activities relating to the natural resources of the
Gulf of Maine, including scientific research activities
and programs.
(D) Identifying opportunities for interagency
cooperation and coordination to further the purpose of
the Task Force.
(E) Developing plans, to the maximum extent
practicable, for interagency cooperation and
coordination efforts that will further the purpose of
the Task Force, and for joint programs, activities, and
initiatives among agencies of the United States, the
Gulf of Maine Council, States, and the Government of
Canada.
(b) Membership.--
(1) Specified agency representatives.--The Task Force shall
consist of the following members:
(A) 2 members appointed by the Secretary of
Commerce;
(B) 1 member appointed by the Secretary of the
Interior;
(C) 1 member appointed by the Administrator of the
Environmental Protection Agency; and
(D) 1 member appointed by the Secretary of the Army
from among personnel of the Corps of Engineers.
(2) Other agency representatives.--The Task Force may also
include a representative appointed by the President to
represent any other Federal department or agency, on a
temporary or permanent basis.
(3) Department of commerce representatives.--At least 1 of
the members of the Task Force appointed by the Secretary of
Commerce shall be selected from personnel of the National
Oceanic and Atmospheric Administration, and one of those
members shall be selected from personnel of an office or agency
related to sustainable economic development.
(c) Gulf of Maine Coordinator.--The Task Force shall be chaired by
the Gulf of Maine Coordinator, who shall be designated by the Secretary
of Commerce from among the members of the Task Force. The term of a
member as the Gulf of Maine Coordinator shall be 2 years. The Secretary
may not designate for consecutive terms as the Gulf of Maine
Coordinator any member, or any members appointed under subsection
(b)(1) by the same official. The duties of the Coordinator shall be as
follows:
(1) The Gulf of Maine Coordinator (or a designee of the
Coordinator) shall, upon invitation by the Gulf of Maine
Council, attend meetings of the Gulf of Maine Council, and
report on Federal activities and programs relating to the Gulf
of Maine Council.
(2) The Task Force may authorize the Gulf of Maine
Coordinator (or a designee of the Coordinator) to represent the
Task Force and the officials who appoint members of the Task
Force under subsection (b), in negotiations with the Gulf of
Maine Council on agreements, memoranda of understanding, a
sustainable development strategy, or other cooperative
activities and programs.
(d) Annual Report.--Each year, the Secretary of Commerce shall
submit to the Congress, in consultation with the Secretary of the
Interior, the Secretary of the Army, and the Administrator of the
Environmental Protection Agency, a report on the meetings, findings,
activities, recommendations, initiatives, and plans of the Task Force.
The report may also describe other examples of cooperation and
coordination among agencies in the Gulf of Maine.
SEC. 5. FEDERAL COOPERATION AND COORDINATION WITH THE GULF OF MAINE
COUNCIL ON THE MARINE ENVIRONMENT.
(a) Statement of Policy.--Each of the officials who appoint a
member of the Task Force under section 4(b) shall, to the maximum
extent practicable, cooperate and coordinate their activities related
to natural resources of the Gulf of Maine with the Gulf of Maine
Council on the Marine Environment.
(b) Authority for Agreements.--The Secretary of Commerce, after
consultation with the officials who appoint a member of the Task Force
under section 4(b), may enter into agreements and memoranda of
understanding with the Gulf of Maine Council to enhance efforts to
conserve the natural resources of the Gulf of Maine.
(c) Sustainable Development Strategy.--The Secretary of Commerce,
after consultation with other Federal natural resource agencies, and
upon a request by the Gulf of Maine Council, may work with the Gulf of
Maine Council, industry representatives, representatives of organized
labor groups, fishing groups, community organizations, environmental
organizations, State and local public officials, and others to develop
a sustainable development strategy for the Gulf of Maine.
(d) Consistency of Federal Activities With Council and State
Management Activities.--Each of the officials that appoints a member of
the Task Force under section 4(b) shall conduct their activities which
directly affect the ecological health of the Gulf of Maine in a manner
which is, to the maximum extent practicable, consistent with--
(1) the goals and policies of the Gulf of Maine Council;
and
(2) the goals and policies related to protection of the
natural resources of the Gulf of Maine of each State bordering
the Gulf of Maine in which the activities are conducted.
(e) Financial Contributions to Gulf of Maine Council.--
(1) Grant authority.--To help fulfill the purposes of this
Act, each of the officials that appoints a member of the Task
Force under section 4(b), subject to the availability of
appropriations, may make grants in accordance with this
subsection to the Gulf of Maine Council, for programs and
projects related to the conservation of the natural resources
of the Gulf of Maine or to sustainable economic development in
the Gulf of Maine region.
(2) Matching.--The amount of a grant under this subsection
may not exceed 75 percent of the total cost of the program or
project carried out with the grant. In determining the amount
of the non-Federal contribution for purposes of this paragraph,
the Secretary shall include the value of in-kind contributions
from non-Federal sources.
(3) Limit on use for administration.--Not more than 10
percent of the amount of a grant under this section may be used
for administrative expenses.
(4) Limit on total annual grants.--The total amount of
grants under this subsection in any fiscal year before fiscal
year 2000 may not exceed $1,000,000.
SEC. 6. GULF OF MAINE RESEARCH.
(a) New Authority.--The Regional Marine Research Board for the Gulf
of Maine region shall cooperate with the Gulf of Maine Council and the
States bordering the Gulf of Maine in efforts to promote the
environmental and economic health of the Gulf of Maine region.
(b) Regional Marine Research Plans.--The Regional Marine Research
Board for the Gulf of Maine region may, in consultation with the Gulf
of Maine Council and subject to the approval of the Secretary of
Commerce, revise schedules for the development of research plans under
section 404 of the Marine Protection, Research, and Sanctuaries Act of
1972 (16 U.S.C. 1447c) as appropriate to ensure the effective
coordination of the plans and programs carried out under such section
with the activities and plans carried out under this Act.
SEC. 7. RELATION TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT.
Nothing in this Act shall be construed to modify or supersede any
authority or requirement established under the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.). | Gulf of Maine Conservation and Cooperation Act of 1994 - Requires the President to establish a Gulf of Maine Inter-Agency Task Force to provide for improved interagency cooperation, efficiency, and effectiveness with respect to Federal activities concerning the conservation and sustainable development of the natural resources of the Gulf of Maine.
Requires Federal officials who appoint members of the Task Force to cooperate and coordinate their activities related to natural resources of the Gulf with the Gulf of Maine Council on the Marine Environment.
Directs the Secretary of Commerce to enter into agreements and memoranda of understanding with the Council to enhance efforts to conserve the Gulf's natural resources.
Authorizes the Secretary to work with others to develop a sustainable development strategy for the Gulf.
Permits Federal officials who appoint Task Force members to make grants to the Council for programs related to the conservation of the Gulf's natural resources or to sustainable economic development in the Gulf region. Limits the total amount of annual grants.
Directs the Regional Marine Research Board for the Gulf of Maine region to cooperate with the Council and the States bordering the Gulf in efforts to promote the environmental and economic health of the region.
Authorizes the Board, subject to the Secretary's approval, to revise schedules for the development of research plans under the Marine Protection, Research, and Sanctuaries Act of 1972 to ensure the coordination of such plans with activities under this Act. | {"src": "billsum_train", "title": "Gulf of Maine Conservation and Cooperation Act of 1994"} | 2,642 | 303 | 0.452303 | 1.424356 | 0.781711 | 4.18797 | 9.556391 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Leave Pension Relief Act of
1998''.
SEC. 2. PERIODS OF FAMILY AND MEDICAL LEAVE TREATED AS HOURS OF SERVICE
FOR PENSION PARTICIPATION AND VESTING.
(a) Amendments of Internal Revenue Code.--
(1) Participation.--
(A) In general.--Paragraph (3) of section 410(a) of
the Internal Revenue Code of 1986 (relating to minimum
participation standards) is amended by adding at the
end the following new subparagraph:
``(E) Family and medical leave treated as
service.--
``(i) In general.--For purposes of this
subsection, in the case of an individual who is
absent from work on leave required to be given
to such individual under the Family and Medical
Leave Act of 1993, the plan shall treat as
hours of service--
``(I) the hours of service which
otherwise would normally have been
credited to such individual but for
such absence, or
``(II) in any case in which the
plan is unable to determine the hours
described in subclause (I), 8 hours of
service per day of absence.
``(ii) Year to which hours are credited.--
The hours described in clause (i) shall be
treated as hours of service as provided in this
subparagraph--
``(I) only in the year in which the
absence from work begins, if a
participant would have a year of
service solely because the period of
absence is treated as hours of service
as provided in clause (i); or
``(II) in any other case, in the
immediately following year.''
(B) Coordination with treatment of maternity and
paternity absences under break in service rules.--
Subparagraph (E) of section 410(a)(5) of such Code is
amended--
(i) by inserting ``not under family and
medical leave act of 1993'' after ``absences''
in the heading, and
(ii) by adding at the end of clause (i) the
following new sentence: ``The preceding
sentence shall apply to an absence from work
only if no part of such absence is required to
be given under the Family and Medical Leave Act
of 1993.''
(2) Vesting.--
(A) In general.--Paragraph (5) of section 411(a) of
such Code (relating to minimum vesting standards) is
amended by adding at the end the following new
subparagraph:
``(E) Family and medical leave treated as
service.--
``(i) In general.--For purposes of this
subsection, in the case of an individual who is
absent from work on leave required to be given
to such individual under the Family and Medical
Leave Act of 1993, the plan shall treat as
hours of service--
``(I) the hours of service which
otherwise would normally have been
credited to such individual but for
such absence, or
``(II) in any case in which the
plan is unable to determine the hours
described in subclause (I), 8 hours of
service per day of absence.
``(ii) Year to which hours are credited.--
The hours described in clause (i) shall be
treated as hours of service as provided in this
subparagraph--
``(I) only in the year in which the
absence from work begins, if a
participant would have a year of
service solely because the period of
absence is treated as hours of service
as provided in clause (i); or
``(II) in any other case, in the
immediately following year.''
(B) Coordination with treatment of maternity and
paternity absences under break in service rules.--
Subparagraph (E) of section 411(a)(6) of such Code is
amended--
(i) by inserting ``not under family and
medical leave act of 1993'' after ``absences''
in the heading, and
(ii) by adding at the end of clause (i) the
following new sentence: ``The preceding
sentence shall apply to an absence from work
only if no part of such absence is required to
be given under the Family and Medical Leave Act
of 1993.''
(b) Amendments of ERISA.--
(1) Participation.--
(A) In general.--Paragraph (3) of section 202(a) of
the Employee Retirement Income Security Act of 1974
(relating to minimum participation standards) is
amended by adding at the end the following new
subparagraph:
``(E)(i) For purposes of this subsection, in the case of an
individual who is absent from work on leave required to be given to
such individual under the Family and Medical Leave Act of 1993, the
plan shall treat as hours of service--
``(I) the hours of service which otherwise would normally
have been credited to such individual but for such absence, or
``(II) in any case in which the plan is unable to determine
the hours described in subclause (I), 8 hours of service per
day of absence.
``(ii) The hours described in clause (i) shall be treated as hours
of service as provided in this subparagraph--
``(I) only in the year in which the absence from work
begins, if a participant would have a year of service solely
because the period of absence is treated as hours of service as
provided in clause (i); or
``(II) in any other case, in the immediately following
year.''
(B) Coordination with treatment of maternity and
paternity absences under break in service rules.--
Subparagraph (A) of section 202(b)(5) of such Act is
amended by adding at the end of clause (i) the
following new sentence: ``The preceding sentence shall
apply to an absence from work only if no part of such
absence is required to be given under the Family and
Medical Leave Act of 1993.''
(2) Vesting.--
(A) In general.--Paragraph (2) of section 203(b) of
such Act (relating to minimum vesting standards) is
amended by adding at the end the following new
subparagraph:
``(E)(i) For purposes of this subsection, in the case of an
individual who is absent from work on leave required to be given to
such individual under the Family and Medical Leave Act of 1993, the
plan shall treat as hours of service--
``(I) the hours of service which otherwise would normally
have been credited to such individual but for such absence, or
``(II) in any case in which the plan is unable to determine
the hours described in subclause (I), 8 hours of service per
day of absence.
``(ii) The hours described in clause (i) shall be treated as hours
of service as provided in this subparagraph--
``(I) only in the year in which the absence from work
begins, if a participant would have a year of service solely
because the period of absence is treated as hours of service as
provided in clause (i); or
``(II) in any other case, in the immediately following
year.''
(B) Coordination with treatment of maternity and
paternity absences under break in service rules.--
Clause (i) of section 203(b)(3)(E) of such Act is
amended by adding at the end of clause (i) the
following new sentence: ``The preceding sentence shall
apply to an absence from work only if no part of such
absence is required to be given under the Family and
Medical Leave Act of 1993.''
(c) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 1999.
SEC. 3. PROVISIONS RELATING TO PLAN AMENDMENTS.
(a) In General.--If this section applies to any plan amendment--
(1) such plan shall be treated as being operated in
accordance with the terms of the plan during the period
described in subsection (b)(2)(A), and
(2) such plan shall not fail to meet the requirements of
section 411(d)(6) of the Internal Revenue Code of 1986 or
section 204(g) of the Employee Retirement Income Security Act
of 1974 by reason of such amendment.
(b) Amendments to Which Section Applies.--
(1) In general.--This section shall apply to any amendment
to any plan which is made--
(A) pursuant to any amendment made by section 2,
and
(B) before the first day of the first plan year
beginning on or after January 1, 2000.
In the case of a governmental plan (as defined in section
414(d) of the Internal Revenue Code of 1986), this paragraph
shall be applied by substituting ``2001'' for ``2000''.
(2) Conditions.--This section shall not apply to any
amendment unless--
(A) during the period--
(i) beginning on the date the legislative
amendment described in paragraph (1)(A) takes
effect (or in the case of a plan amendment not
required by such legislative amendment, the
effective date specified by the plan), and
(ii) ending on the date described in
paragraph (1)(B) (or, if earlier, the date the
plan amendment is adopted),
the plan is operated as if such plan amendment were in
effect, and
(B) such plan amendment applies retroactively for
such period. | Family Leave Pension Relief Act of 1998 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to count periods of leave permitted by the Family Medical Leave Act of 1993 towards hours of service needed for the fulfillment of pension participation and vesting rules. | {"src": "billsum_train", "title": "Family Leave Pension Relief Act of 1998"} | 2,075 | 56 | 0.533331 | 1.230382 | 0.625405 | 3.588235 | 38.294118 | 0.843137 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lewis and Clark Rural Water System
Act of 1994''.
SEC. 2. DEFINITIONS.
As used in this Act (unless the context clearly requires
otherwise):
(1) Environmental enhancement.--The term ``environmental
enhancement'' means the wetland and wildlife enhancement
activities that are carried out substantially in accordance
with the environmental enhancement component of the feasibility
study.
(2) Environmental enhancement component.--The term
``environmental enhancement component'' means the component
described in the report entitled ``Wetlands and Wildlife
Enhancement for the Lewis and Clark Rural Water System'', dated
April 1991, that is included in the feasibility study.
(3) Feasibility study.--The term ``feasibility study''
means the study entitled ``Feasibility Level Evaluation of a
Missouri River Regional Water Supply for South Dakota, Iowa and
Minnesota'', dated September 1993, that includes a water
conservation plan, environmental report, and environmental
enhancement component.
(4) Member entity.--The term ``member entity'' means a
rural water system or municipality that signed a Letter of
Commitment to participate in the Lewis and Clark Rural Water
System.
(5) Project construction budget.--The term ``project
construction budget'' means the description of the total amount
of funds that are needed for the construction of the water
supply system, as contained in the feasibility study.
(6) Pumping and incidental operational requirements.--The
term ``pumping and incidental operational requirements'' means
all power requirements that are incidental to the operation of
intake facilities, pumping stations, water treatment
facilities, reservoirs, and pipelines up to the point of
delivery of water by the Lewis and Clark Rural Water System to
each member entity that distributes water at retail to
individual users.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Water supply system.--The term ``water supply system''
means the Lewis and Clark Rural Water System that is
established and operated substantially in accordance with the
feasibility study.
SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM.
(a) In General.--The Secretary is authorized to make grants to the
Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for
the planning and construction of the water supply system.
(b) Service Area.--The water supply system shall provide for safe
and adequate municipal, rural, and industrial water supplies,
environmental enhancement, mitigation of wetland areas, and water
conservation in--
(1) Lake County, McCook County, Minnehaha County, Turner
County, Lincoln County, Clay County, and Union County, in
southeastern South Dakota;
(2) Rock County, and Nobles County, in southwestern
Minnesota; and
(3) Lyon County, Sioux County, Osceola County, O'Brien
County, Dickinson County, and Clay County, in northwestern
Iowa.
(c) Amount of Grants.--Grants made available under subsection (a)
to the Lewis and Clark Rural Water System, Inc. shall not exceed the
amount of funds authorized under section 10.
(d) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for the construction of the water
supply system until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) have been met;
(2) a final engineering report has been prepared and
submitted to Congress not less than 90 days before the
commencement of construction of the system; and
(3) a water conservation program has been developed and
implemented.
SEC. 4. FEDERAL ASSISTANCE FOR WETLAND AND WILDLIFE ENHANCEMENT.
(a) Initial Development.--The Secretary shall make grants and other
funds available to Lewis and Clark Rural Water System, Inc., and other
private, State, and Federal entities, for the initial development of
the environmental enhancement component.
(b) Nonreimbursement.--Funds provided under subsection (a) shall be
nonreimbursable and nonreturnable.
SEC. 5. WATER CONSERVATION PROGRAMS.
(a) Purpose.--The water conservation program required under this
section shall be designed to ensure that users of water from the water
supply system will use the best practicable technology and management
techniques to conserve water use.
(b) Description.--The water conservation programs shall include--
(1) low consumption performance standards for all newly
installed plumbing fixtures;
(2) leak detection and repair programs;
(3) rate schedules that do not include declining block rate
schedules for municipal households and special water users (as
defined in the feasibility study);
(4) public education programs and technical assistance to
member entities; and
(5) coordinated operation among each rural water system,
and each water supply facility in existence on the date of
enactment of this Act, in the service area of the system.
(c) Review and Revision.--The programs described in subsection (b)
shall contain provisions for periodic review and revision, in
cooperation with the Secretary.
SEC. 6. MITIGATION OF FISH AND WILDLIFE LOSSES.
Mitigation for fish and wildlife losses incurred as a result of the
construction and operation of the water supply system shall be on an
acre-for-acre basis, based on ecological equivalency, concurrent with
project construction, as provided in the feasibility study.
SEC. 7. USE OF PICK-SLOAN POWER.
(a) In General.--From power designated for future irrigation and
drainage pumping for the Pick-Sloan Missouri Basin program, the Western
Area Power Administration shall make available the capacity and energy
required to meet the pumping and incidental operational requirements of
the water supply system during the period beginning May 1, and ending
October 31, of each year.
(b) Conditions.--The capacity and energy described in subsection
(a) shall be made available on the following conditions:
(1) The water supply system shall be operated on a not-for-
profit basis.
(2) The water supply system shall contract to purchase the
entire electric service requirements of the system, including
the capacity and energy made available under subsection (a),
from a qualified preference power supplier that itself
purchases power from the Western Area Power Administration.
(3) The rate schedule applicable to the capacity and energy
made available under subsection (a) shall be the firm power
rate schedule of the Pick-Sloan Eastern Division of the Western
Area Power Administration in effect when the power is delivered
by the Administration.
(4) It shall be agreed by contract among--
(A) the Western Area Power Administration;
(B) the power supplier with which the water supply
system contracts under paragraph (2);
(C) the power supplier of the entity described in
subparagraph (B); and
(D) Lewis and Clark Rural Water System, Inc.;
that in the case of the capacity and energy made available
under subsection (a), the benefit of the rate schedule
described in paragraph (3) shall be passed through to the water
supply system, except that the power supplier of the water
supply system shall not be precluded from including, in the
charges of the supplier to the water system for the electric
service, the other usual and customary charges of the supplier.
SEC. 8. NO LIMITATION ON WATER PROJECTS IN STATES.
This Act shall not limit the authorization for water projects in
South Dakota, Iowa, and Minnesota under law in effect on or after the
date of enactment of this Act.
SEC. 9. WATER RIGHTS.
Nothing in this Act--
(1) invalidates or preempts State water law or an
interstate compact governing water;
(2) alters the rights of any State to any appropriated
share of the waters of any body of surface or ground water,
whether determined by past or future interstate compacts or by
past or future legislative or final judicial allocations;
(3) preempts or modifies any Federal or State law, or
interstate compact, governing water quality or disposal; or
(4) confers on any non-Federal entity the ability to
exercise any Federal right to the waters of any stream or to
any ground water resource.
SEC. 10. FEDERAL COST SHARE.
The Secretary is authorized to provide funds equal to 80 percent
of--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 3; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after September 1, 1993.
SEC. 11. NON-FEDERAL COST SHARE.
The non-Federal share of the costs allocated to the water supply
system shall be 20 percent of the--
(1) the amount allocated in the total project construction
budget for the planning and construction of the water supply
system under section 3; and
(2) such sums as are necessary to defray increases in
development costs reflected in appropriate engineering cost
indices after September 1, 1993.
SEC. 12. BUREAU OF RECLAMATION.
(a) Authorization.--The Secretary is authorized to allow the Bureau
of Reclamation to provide project construction oversight to the water
supply system and environmental enhancement component for those areas
of the water supply system that are described in section 3(b).
(b) Project Oversight Administration.--The amount of funds used by
the Bureau of Reclamation for planning and construction of the water
supply system may not exceed an amount equal to 1 percent of the amount
provided in the total project construction budget for the entire
project construction period.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $226,320,000 to carry out
this Act, of which not less than $8,487,000 shall be used for the
initial development of the environmental enhancement component under
section 4, to remain available until expended. | Lewis and Clark Rural Water System Act of 1994 - Authorizes the Secretary of the Interior to make grants to the Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for the planning and construction of a water supply system to provide service to specified counties in South Dakota, Minnesota, and Iowa.
Requires the Secretary to make grants and other funds available to the System and other private, State, and Federal entities for the initial development of the environmental enhancement component.
Directs that the water conservation program: (1) be designed to ensure that users of water from the water supply system use the best practicable technology and management techniques to conserve water use; and (2) include provisions for periodic review and revision.
Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply system be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction.
Requires the Western Area Power Administration to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1, and ending October 31, of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program.
Provides that this Act shall not: (1) limit the authorization for water projects in South Dakota, Iowa, and Minnesota; or (2) preempt State water rights. Specifies the Federal and non-Federal share of the cost.
Authorizes the Secretary to allow the Bureau of Reclamation to provide project construction oversight to the water supply system and environmental enhancement component.
Authorizes appropriations. | {"src": "billsum_train", "title": "Lewis and Clark Rural Water System Act of 1994"} | 2,149 | 351 | 0.640011 | 1.950879 | 0.830127 | 6.225309 | 6.185185 | 0.959877 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Melanie Blocker-Stokes Postpartum
Depression Research and Care Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Postpartum depression is a devastating mood disorder
which strikes many women during and after pregnancy.
(2) Postpartum mood changes are common and can be broken
into three subgroups: ``baby blues,'' which is an extremely
common and the less severe form of postpartum depression;
postpartum mood and anxiety disorders, which are more severe
than baby blues and can occur during pregnancy and anytime
within the first year of the infant's birth; and postpartum
psychosis, which is the most extreme form of postpartum
depression and can occur during pregnancy and up to twelve
months after delivery.
(3) ``Baby blues'' is characterized by mood swings,
feelings of being overwhelmed, tearfulness, irritability, poor
sleep, mood changes, and a sense of vulnerability.
(4) The symptoms of postpartum mood and anxiety disorders
are the worsening and the continuation of the baby blues beyond
the first days or weeks after delivery.
(5) The symptoms of postpartum psychosis include losing
touch with reality, distorted thinking, delusions, auditory
hallucinations, paranoia, hyperactivity, and rapid speech or
mania.
(6) Each year over 400,000 women suffer from postpartum
mood changes, with baby blues afflicting up to 80 percent of
new mothers; postpartum mood and anxiety disorders impairing
around 10-20 percent of new mothers; and postpartum psychosis
striking 1 in 1,000 new mothers.
(7) The causes of postpartum depression are complex and
unknown at this time; however, theories include a steep and
rapid drop in hormone levels after childbirth; difficulty
during labor or pregnancy; a premature birth; a miscarriage;
feeling overwhelmed, uncertain, frustrated or anxious about
one's new role as a mother; a lack of support from one's
spouse, friends or family; marital strife; stressful events in
life such as death of a loved one, financial problems, or
physical or mental abuse; a family history of depression or
mood disorders; a previous history of major depression or
anxiety; or a prior postpartum depression.
(8) Postpartum depression is a treatable disorder if
promptly diagnosed by a trained provider and attended to with a
personalized regimen of care including social support, therapy,
medication, and when necessary hospitalization.
(9) All too often postpartum depression goes undiagnosed or
untreated due to the social stigma surrounding depression and
mental illness, the myth of motherhood, the new mother's
inability to self-diagnose her condition, the new mother's
shame or embarrassment over discussing her depression so near
to the birth of her child, the lack of understanding in society
and the medical community of the complexity of postpartum
depression, and economic pressures placed on hospitals and
providers.
(10) Untreated, postpartum depression can lead to further
depression, substance abuse, loss of employment, divorce and
further social alienation, self-destructive behavior, or even
suicide.
(11) Untreated, postpartum depression impacts society
through its affect on the infant's physical and psychological
development, child abuse, neglect or death of the infant or
other siblings, and the disruption of the family.
TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL
INSTITUTE OF MENTAL HEALTH.
(a) In General.--The Secretary of Health and Human Services, acting
through the Director of NIH and the Director of the National Institute
of Mental Health (in this section referred to as the ``Institute''),
shall expand and intensify research and related activities of the
Institute with respect to postpartum depression and postpartum
psychosis (in this section referred to as ``postpartum conditions'').
(b) Coordination With Other Institutes.--The Director of the
Institute shall coordinate the activities of the Director under
subsection (a) with similar activities conducted by the other national
research institutes and agencies of the National Institutes of Health
to the extent that such Institutes and agencies have responsibilities
that are related to postpartum conditions.
(c) Programs for Postpartum Conditions.--In carrying out subsection
(a), the Director of the Institute shall conduct or support research to
expand the understanding of the causes of, and to find a cure for,
postpartum conditions. Activities under such subsection shall include
conducting and supporting the following:
(1) Basic research concerning the etiology and causes of
the conditions.
(2) Epidemiological studies to address the frequency and
natural history of the conditions and the differences among
racial and ethnic groups with respect to the conditions.
(3) The development of improved diagnostic techniques.
(4) Clinical research for the development and evaluation of
new treatments, including new biological agents.
(5) Information and education programs for health care
professionals and the public.
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 2004 through 2006.
TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND
PSYCHOSIS
SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS.
(a) In General.--The Secretary of Health and Human Services (in
this title referred to as the ``Secretary'') shall in accordance with
this title make grants to provide for projects for the establishment,
operation, and coordination of effective and cost-efficient systems for
the delivery of essential services to individuals with postpartum
depression or postpartum psychosis (referred to in this section as a
``postpartum condition) and their families.
(b) Recipients of Grants.--A grant under subsection (a) may be made
to an entity only if the entity is a public or nonprofit private
entity, which may include a State or local government; a public or
nonprofit private hospital, community-based organization, hospice,
ambulatory care facility, community health center, migrant health
center, or homeless health center; or other appropriate public or
nonprofit private entity.
(c) Certain Activities.--To the extent practicable and appropriate,
the Secretary shall ensure that projects under subsection (a) provide
services for the diagnosis and management of postpartum conditions.
Activities that the Secretary may authorize for such projects may also
include the following:
(1) Delivering or enhancing outpatient and home-based
health and support services, including case management,
screening and comprehensive treatment services for individuals
with or at risk for postpartum conditions; and delivering or
enhancing support services for their families.
(2) Delivering or enhancing inpatient care management
services that ensure the well being of the mother and family
and the future development of the infant.
(3) Improving the quality, availability, and organization
of health care and support services (including transportation
services, attendant care, homemaker services, day or respite
care, and providing counseling on financial assistance and
insurance) for individuals with postpartum conditions and
support services for their families.
(d) Integration With Other Programs.--To the extent practicable and
appropriate, the Secretary shall integrate the program under this title
with other grant programs carried out by the Secretary, including the
program under section 330 of the Public Health Service Act.
SEC. 202. CERTAIN REQUIREMENTS.
A grant may be made under section 201 only if the applicant
involved makes the following agreements:
(1) Not more than 5 percent of the grant will be used for
administration, accounting, reporting, and program oversight
functions.
(2) The grant will be used to supplement and not supplant
funds from other sources related to the treatment of postpartum
conditions.
(3) The applicant will abide by any limitations deemed
appropriate by the Secretary on any charges to individuals
receiving services pursuant to the grant. As deemed appropriate
by the Secretary, such limitations on charges may vary based on
the financial circumstances of the individual receiving
services.
(4) The grant will not be expended to make payment for
services authorized under section 201(a) to the extent that
payment has been made, or can reasonably be expected to be
made, with respect to such services--
(A) under any State compensation program, under an
insurance policy, or under any Federal or State health
benefits program; or
(B) by an entity that provides health services on a
prepaid basis.
(5) The applicant will, at each site at which the applicant
provides services under section 201(a), post a conspicuous
notice informing individuals who receive the services of any
Federal policies that apply to the applicant with respect to
the imposition of charges on such individuals.
SEC. 203. TECHNICAL ASSISTANCE.
The Secretary may provide technical assistance to assist entities
in complying with the requirements of this title in order to make such
entities eligible to receive grants under section 201.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are authorized to
be appropriated such sums as may be necessary for each of the fiscal
years 2004 through 2006. | Melanie Blocker-Stokes Postpartum Depression Research and Care Act - Directs the Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health, to expand and intensify research and related activities of the Institute with respect to postpartum depression and postpartum psychosis. Authorizes appropriations.Directs the Secretary of Health and Human Services to make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis and their families. Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for research on, and services for individuals with, postpartum depression and psychosis."} | 2,050 | 143 | 0.389635 | 1.092219 | 0.500328 | 7.072072 | 16.810811 | 0.963964 |
SECTION 1. FINDINGS.
Congress finds that--
(1) there is no Federal program to support family
caregivers;
(2) most older individuals and persons with mental
retardation and related developmental disabilities (as defined
in section 102 of the Developmental Disabilities Assistance and
Bill of Rights Act (42 U.S.C. 6000) (referred to in this
section as ``developmental disabilities'')) prefer to receive
care in their homes, rather than in institutions;
(3)(A) more than 22,000,000 family caregivers actively care
for aging or ailing older individuals in the United States;
(B) fewer than 2,000,000 older individuals receive care
through nursing homes in the United States; and
(C) therefore, a large portion of the care provided for the
Nation's older individuals is provided by family caregivers;
(4)(A) there are an estimated 3,170,000 persons with mental
retardation and related developmental disabilities in the
United States;
(B) 1,890,000 of individuals with mental retardation and
related developmental disabilities live with family caregivers;
(C) 479,862 of individuals with mental retardation and
related developmental disabilities who are living at home
receive care from caregivers who are 60 years old or older; and
(D) like services for the elderly population, a large
portion of supports and care for persons with mental
retardation and related developmental disabilities is provided
by family caregivers;
(5) nearly 75 percent of family caregivers are women, many
of whom have other major responsibilities, such as young
children or jobs;
(6) the loss in productivity of businesses due to necessary
absences of caregiving employees ranges from $11,000,000,000 to
$29,000,000,000 a year;
(7) family caregivers offer support that is worth billions
of dollars;
(8) without the efforts of family caregivers, many
additional older individuals, and persons with mental
retardation and related developmental disabilities, would
receive care services in a hospital, State facility,
intermediate care facility for the mentally retarded, or
nursing home, or would receive, although less costly, home and
community-based waiver services under section 1915(c) of the
Social Security Act (42 U.S.C. 1396n(c)), such a result being
far more expensive for taxpayers than assisting family
caregivers since--
(A) the Federal medicare and medicaid programs pay
for a large portion of expenses associated with such
institutional care; and
(B) such institutional care is more expensive than
family caregiving;
(9) caregivers, on average, spend $2,000 per year for food,
medication, and other expenses related to caregiving;
(10)(A) caregiving is physically demanding and emotionally
draining to provide, with as many as 30 percent of caregivers
reporting physical or mental health problems due to caregiving;
and
(B) caregivers need resources that will support and help
ease the overwhelming burden that the caregivers are expected
to shoulder on a daily basis; and
(11) with millions of baby boomers set to retire in the
near future, it is crucial to begin preparing today for what
will be dramatically increased long-term care needs of older
individuals.
SEC. 2. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM.
(a) Establishment of Program.--Part D of title III of the Older
Americans Act of 1965 (42 U.S.C. 3030h et seq.) is amended to read as
follows:
``PART D--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM
``Subpart 1--State Grant Program
``SEC. 341. PROGRAM AUTHORIZED.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants to States with State plans approved under
section 307, to pay for the Federal share of the cost of carrying out
State programs, to enable eligible area agencies on aging to provide
multifaceted systems of support services for family caregivers, and
other caregivers, who are informal providers of in-home and community
care to older individuals.
``(b) Family Caregiver Support Services.--In providing services
under this subpart, an area agency on aging shall provide support
services, including providing--
``(1) information to eligible caregivers about available
services;
``(2) assistance to eligible caregivers in gaining access
to the services;
``(3) individual counseling, organization of support
groups, and caregiver training to eligible caregivers to assist
the caregivers in making decisions and solving problems
relating to their caregiving roles;
``(4) respite care to enable eligible caregivers to be
temporarily relieved from their caregiving responsibilities;
and
``(5) supplemental services, on a limited basis, to
complement the care provided by eligible caregivers.
``(c) Eligibility and Priority.--
``(1) Eligibility.--In order for a caregiver of an older
individual to be eligible to receive services provided by a
State program under this subpart, the State shall--
``(A) find that the caregiver is a caregiver
described in subsection (a); and
``(B) determine that the older individual meets the
condition specified in subparagraph (A)(i) or (B) of
section 102(28).
``(2) Priority.--In providing the services, the State shall
give priority for services to older individuals with greatest
social need, older individuals with greatest economic need, and
older individuals providing care and supports to persons with
mental retardation and related developmental disabilities (as
defined in section 102 of the Developmental Disabilities
Assistance and Bill of Rights Act (42 U.S.C. 6000) (referred to
in this part as ``developmental disabilities'')) consistent
with the requirements of section 305(a)(2)(E), and their
caregivers.
``(d) Coordination With Service Providers.--In carrying out this
subpart, each area agency on aging shall coordinate the activities of
the agency with the activities of other community agencies and
voluntary organizations providing the types of services described in
subsection (b).
``(e) Quality Standards and Mechanisms and Accountability.--
``(1) Quality standards and mechanisms.--The State shall
establish standards and mechanisms designed to assure the
quality of services provided with assistance made available
under this subpart.
``(2) Data and records.--The State shall collect data and
maintain records relating to the State program in a
standardized format specified by the Assistant Secretary. The
State shall furnish the records to the Assistant Secretary, at
such time as the Assistant Secretary may require, in order to
enable the Assistant Secretary to monitor State program
administration and compliance, and to evaluate and compare the
effectiveness of the State programs.
``(3) Reports.--The State shall prepare and submit to the
Assistant Secretary reports on the data and records required
under paragraph (2), including information on the services
funded under this subpart, and standards and mechanisms by
which the quality of the services shall be assured.
``(f) Availability of Funds.--
``(1) In general.--A State shall use the portion of the
State allotment under section 304 that is from amounts
appropriated under section 303(d) to carry out the State
program under this subpart.
``(2) Use of funds for administration of area plans.--
Amounts made available to a State to carry out the State
program under this subpart may be used, in addition to amounts
available in accordance with section 303(c)(1), for costs of
administration of area plans.
``(3) Federal share.--
``(A) In general.--Notwithstanding section
304(d)(1)(D), the Federal share of the cost of carrying
out a State program under this subpart shall be 75 percent.
``(B) Non-federal share.--The non-Federal share of
the costs shall be provided from State and local
sources.
``SEC. 342. MAINTENANCE OF EFFORT.
``Funds made available under this subpart shall supplement, and not
supplant, any Federal, State, or local funds expended by a State or
unit of general purpose local government (including an area agency on
aging) to provide services described in section 341(b).
``Subpart 2--National Innovation Programs
``SEC. 346. INNOVATION GRANT PROGRAM.
``(a) In General.--The Assistant Secretary shall carry out a
program for making grants to appropriate entities on a competitive
basis to foster the development and testing of new approaches to--
``(1) sustaining the efforts of family caregivers and other
informal caregivers of older individuals;
``(2) serving the needs of particular groups of caregivers
of older individuals, including minority caregivers and distant
caregivers; and
``(3) linking family support programs with the State entity
or agency that administers or funds programs for persons with
mental retardation or related developmental disabilities and
their families.
``(b) Evaluation and Dissemination of Results.--The Assistant
Secretary shall provide for evaluation of the effectiveness of programs
and activities funded with grants made under this section, and for
dissemination to States of descriptions and evaluations of the programs
and activities, to enable States to incorporate successful approaches
into their individual State programs under this part.
``(c) Availability of Funds.--
``(1) In general.--The Assistant Secretary shall reserve
not more than 10 percent of the amount appropriated under
section 303(d) for a fiscal year to carry out the program of
the Assistant Secretary under this section.
``(2) Native American programs and activities.--Twenty
percent of the amount reserved under paragraph (1) shall be
available for programs and activities under this section for
caregivers serving Indians and Native Hawaiians, as defined in
section 625.
``SEC. 347. ACTIVITIES OF NATIONAL SIGNIFICANCE.
``(a) In General.--The Assistant Secretary shall, directly or by
grant or contract, carry out activities of national significance to
promote quality and continuous improvement in the support services
provided to family caregivers and other informal caregivers of older
individuals, through program evaluation, training, technical
assistance, and research.
``(b) Availability of Funds.--The Assistant Secretary shall reserve
not more than 2 percent of the amount appropriated under section 303(d)
to carry out the activities under this section.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS; ALLOTMENTS.
(a) Authorization of Appropriations.--Section 303(d) of the Older
Americans Act of 1965 (42 U.S.C. 3023(d)) is amended to read as
follows:
``(d) There are authorized to be appropriated $125,000,000 for
fiscal year 2000, and such sums as may be necessary for each of fiscal
years 2001 through 2004, to carry out part D (relating to the national
family caregiver support program).''.
(b) Allotments to States.--Section 304(a)(1) of the Older Americans
Act of 1965 (42 U.S.C. 3024(a)(1)) is amended in the first sentence--
(1) in the matter preceding subparagraph (A), by inserting
``, and remaining after reservations of funds made under
sections 346 and 347,'' after ``from the sums appropriated
under section 303 for each fiscal year''; and
(2) in subparagraphs (A), (B), and (C), by striking ``sum
appropriated'' and inserting ``remaining sums''.
SEC. 4. AVAILABILITY OF FUNDS FOR REALLOTMENT.
Section 304(b) of the Older Americans Act of 1965 (42 U.S.C.
3024(b)) is amended in the first sentence by striking ``part B or C''
and inserting ``part B or C, or subpart 1 of part D,''.
SEC. 5. CONFORMING AMENDMENTS.
(a) Relocation of Provisions Concerning In-Home Services for Frail
Older Individuals.--Section 321 of the Older Americans Act of 1965 (42
U.S.C. 3030d) is amended--
(1) in subsection (a)(5), by striking ``including'' and all
that follows and inserting ``including--
``(A) client assessment, case management services,
and development and coordination of community services;
``(B) in-home services for frail older individuals
(including supportive activities for older individuals
with Alzheimer's disease and related disorders with
neurological and organic brain dysfunction) and for the
families of the individuals;
``(C) supportive activities to meet the special
needs of caregivers, including caretakers who provide
in-home services to frail older individuals; and
``(D) in-home services and other community
services, including shopping, escort, reader, and
letterwriting services, and provision of home-delivered
meals and transportation, to assist older individuals
to live independently in a home environment;''; and
(2) by adding at the end the following:
``(c) In this section, the term `in-home services' includes--
``(1) homemaker and home health aide services;
``(2) visiting and telephone reassurance;
``(3) chore maintenance;
``(4) in-home respite care for families, and adult day care
as a respite service for families;
``(5) minor modification of homes that is necessary to help
older individuals remain at home and that is not available
under other programs, except that not more than $150 per client
may be expended under this part for the modification;
``(6) personal care services; and
``(7) other in-home services as defined--
``(A) by the State agency in the State plan
submitted in accordance with section 307; and
``(B) by the area agency on aging in the area plan
submitted in accordance with section 306.''.
(b) Repeal of Part G.--Part G (relating to supportive activities
for caretakers who provide in-home services to frail older individuals)
of title III of the Older Americans Act of 1965 (42 U.S.C. 3030p et
seq.) is repealed.
(c) Other Conforming Amendments.--
(1) Section 303 of the Older Americans Act of 1965 (42
U.S.C. 3023) is amended by striking subsection (g).
(2) Section 304(a) of the Older Americans Act of 1965 (42
U.S.C. 3024(a)) is amended--
(A) in paragraph (1)--
(i) in the first sentence, by striking
``Subject to paragraphs (2) and (3)'' and
inserting ``Subject to paragraph (2),''; and
(ii) in the last sentence, by striking
``For the purposes of paragraph (3) and the
exception'' and inserting ``For the purposes of
the exception''; and
(B) by striking paragraph (3).
(3) Section 306(a)(2) of the Older Americans Act of 1965
(42 U.S.C. 3026(a)(2)) is amended by striking subparagraph (B)
and inserting the following:
``(B) in-home services (as defined in section
321);''.
(4) Section 307(a) of the Older Americans Act of 1965 (42
U.S.C. 3027(a)) is amended--
(A) in paragraph (10), by striking ``section 342''
and inserting ``section 321'';
(B) in paragraph (27), by striking ``in-home
services under section 341'' and inserting ``in-home
services under section 321'';
(C) by striking paragraph (40); and
(D) in paragraph (44), by inserting ``(as defined
in section 321)'' after ``in-home services''.
(5) Section 422(b)(11)(A)(ii)(III) of the Older Americans
Act of 1965 (42 U.S.C. 3035a(b)(11)(A)(ii)(III)) is amended by
striking ``part D'' and inserting ``part B''.
(6) Section 429F(a)(2) of the Older Americans Act of 1965
(42 U.S.C. 3035n(a)(2)) is amended by striking ``section 342''
and inserting ``section 321''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act take effect on October 1, 1999. | Authorizes appropriations. Makes unused State grant program funds available for reallotment. | {"src": "billsum_train", "title": "A bill to amend the Older Americans Act of 1965 to establish a national family caregiver support program, and for other purposes."} | 3,644 | 22 | 0.3017 | 0.738735 | -0.042698 | 1.230769 | 251.769231 | 0.769231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Public Alert and Warning
System Modernization Act of 2009''.
SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION.
(a) In General.--Section 202 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by
adding at the end the following:
``(e) Integrated Public Alert and Warning System Modernization.--
``(1) In general.--To provide timely and effective disaster
warnings under this section, the President, acting through the
Administrator of the Federal Emergency Management Agency,
shall--
``(A) modernize the integrated public alert and
warning system of the United States (in this section
referred to as the `public alert and warning system')
to ensure that the President under all conditions can
alert and warn governmental authorities and the
civilian population in areas endangered by disasters;
and
``(B) implement the public alert and warning
system.
``(2) Implementation requirements.--In carrying out
paragraph (1), the Administrator shall, consistent with the
recommendations in the final report of the Integrated Public
Alert and Warning System Advisory Committee--
``(A) establish or adopt, as appropriate, common
alerting and warning protocols, standards, terminology,
and operating procedures for the public alert and
warning system;
``(B) include in the public alert and warning
system the capability to adapt the distribution and
content of communications on the basis of geographic
location, risks, or personal user preferences, as
appropriate;
``(C) include in the public alert and warning
system the capability to alert and warn individuals
with disabilities and individuals with limited English
proficiency; and
``(D) ensure the conduct of training, tests, and
exercises for the public alert and warning system.
``(3) System requirements.--The public alert and warning
system shall--
``(A) incorporate multiple communications
technologies;
``(B) be designed to adapt to, and incorporate,
future technologies for communicating directly with the
public;
``(C) be designed to provide alerts to the largest
portion of the affected population feasible, including
nonresident visitors and tourists, and improve the
ability of remote areas to receive alerts;
``(D) promote local and regional public and private
partnerships to enhance community preparedness and
response; and
``(E) provide redundant alert mechanisms where
practicable so as to reach the greatest number of
people regardless of whether they have access to, or
utilize, any specific medium of communication or any
particular device.
``(4) Pilot programs.--
``(A) In general.--The Administrator may conduct
pilot programs for the purpose of demonstrating the
feasibility of using a variety of methods for achieving
the system requirements specified in paragraph (3).
``(B) Report.--Not later than 6 months after the
date of enactment of this subsection, and annually
thereafter for the duration of the pilot programs, the
Administrator shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report
containing--
``(i) a description and assessment of the
effectiveness of the pilot programs;
``(ii) any recommendations of the
Administrator for additional authority to
continue the pilot programs or make any of the
programs permanent; and
``(iii) any other findings and conclusions
of the Administrator with respect to the pilot
programs.
``(5) Implementation plan.--Not later than 6 months after
the date of submission of the final report of the Integrated
Public Alert and Warning System Advisory Committee, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a detailed plan for implementing this subsection. The
plan shall include a timeline for implementation, a spending
plan, and recommendations for any additional authority that may
be necessary to fully implement this subsection.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $37,000,000 for
fiscal year 2010 and such sums as may be necessary for each
fiscal year thereafter.''.
(b) Integrated Public Alert and Warning System Modernization
Advisory Committee.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall establish an advisory
committee to be known as the Integrated Public Alert and
Warning System Advisory Committee (in this subsection referred
to as the ``Advisory Committee'').
(2) Membership.--The Advisory Committee shall be composed
of the following members, to be appointed by the Administrator
as soon as practicable after the date of enactment of this Act:
(A) The Chairman of the Federal Communications
Commission (or the Chairman's designee).
(B) The Administrator of the National Oceanic and
Atmospheric Administration of the Department of
Commerce (or the Administrator's designee).
(C) The Assistant Secretary for Communications and
Information of the Department of Commerce (or the
Assistant Secretary's designee).
(D) Representatives of State and local governments,
representatives of emergency management agencies, and
representatives of emergency response providers,
selected from among individuals nominated by national
organizations representing governments and personnel.
(E) Representatives from federally recognized
Indian tribes and national Indian organizations.
(F) Individuals who have the requisite technical
knowledge and expertise to serve on the Advisory
Committee, including representatives of--
(i) communications service providers;
(ii) vendors, developers, and manufacturers
of systems, facilities, equipment, and
capabilities for the provision of
communications services;
(iii) third-party service bureaus;
(iv) the broadcasting industry;
(v) the national organization representing
the licensees and permittees of noncommercial
broadcast television stations;
(vi) the cellular industry;
(vii) the cable industry;
(viii) the satellite industry; and
(ix) national organizations representing
individuals with special needs, including
individuals with disabilities and the elderly.
(G) Qualified representatives of such other
stakeholders and interested and affected parties as the
Administrator considers appropriate.
(3) Chairperson.--The Administrator (or the Administrator's
designee) shall serve as the Chairperson of the Advisory
Committee.
(4) Meetings.--
(A) Initial meeting.--The initial meeting of the
Advisory Committee shall take place not later than 60
days after the date of enactment of this Act.
(B) Other meetings.--After the initial meeting, the
Advisory Committee shall meet at the call of the
Chairperson.
(C) Notice; open meetings.--Meetings held by the
Advisory Committee shall be duly noticed at least 14
days in advance and shall be open to the public.
(5) Rules.--
(A) Quorum.--One-third of the members of the
Advisory Committee shall constitute a quorum for
conducting business of the Advisory Committee.
(B) Subcommittees.--To assist the Advisory
Committee in carrying out its functions, the
Chairperson may establish appropriate subcommittees
composed of members of the Advisory Committee and other
subject matter experts as the Chairperson considers
necessary.
(C) Additional rules.--The Advisory Committee may
adopt such other rules as are necessary to carry out
its duties.
(6) Recommendations.--The Advisory Committee shall develop
and submit in its final report recommendations for an
integrated public alert and warning system, including--
(A) recommendations for common alerting and warning
protocols, standards, terminology, and operating
procedures for the public alert and warning system;
(B) recommendations to provide for a public alert
and warning system that--
(i) has the capability to adapt the
distribution and content of communications on
the basis of geographic location, risks, or
personal user preferences, as appropriate;
(ii) has the capability to alert and warn
individuals with disabilities and individuals
with limited English proficiency;
(iii) incorporates multiple communications
technologies;
(iv) is designed to adapt to, and
incorporate, future technologies for
communicating directly with the public;
(v) is designed to provide alerts to the
largest portion of the affected population
feasible, including nonresident visitors and
tourists, and improve the ability of remote
areas to receive alerts;
(vi) promotes local and regional public and
private partnerships to enhance community
preparedness and response; and
(vii) provides redundant alert mechanisms
where practicable so as to reach the greatest
number of people regardless of whether they
have access to, or utilize, any specific medium
of communication or any particular device.
(7) Final report.--Not later than one year after the date
of enactment of this Act, the Advisory Committee shall submit
to the Administrator, the Committee on Transportation and
Infrastructure of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report containing the recommendations of the Advisory
Committee.
(8) Federal advisory committee act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the
Advisory Committee.
(9) Termination.--The Advisory Committee shall terminate
not later than 60 days following the submission of its final
report.
(c) Technical Correction.--Section 202(c) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132(c)) is
amended by striking ``section 611(c)'' and inserting ``section
611(d)''.
(d) Limitation on Statutory Construction.--Nothing in this section
(including the amendment made by this section) shall be construed to
affect the authority of the Department of Commerce or the Federal
Communications Commission. | Integrated Public Alert and Warning System Modernization Act of 2009 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to modernize and implement the integrated U.S. public alert and warning system to ensure that the President can alert governmental authorities and the civilian population in areas endangered by disasters under all conditions.
Directs the Administrator, consistent with the final recommendations of the Integrated Public Alert and Warning System Advisory Committee (established by this Act), to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities or limited English proficiency; and (3) ensure the conduct of system training, tests, and exercises.
Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to incorporate future technologies for communicating directly with the public, to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and to improve the ability of remote areas to receive alerts; (3) promote local and regional partnerships to enhance community preparedness and response; and (4) provide redundant alert mechanisms.
Authorizes the Administrator to conduct pilot programs to demonstrate the feasibility of using a variety of methods for achieving system requirements. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Administrator of the Federal Emergency Management Agency to modernize the integrated public alert and warning system of the United States, and for other purposes."} | 2,133 | 298 | 0.813536 | 2.367707 | 0.974061 | 4.466899 | 7.027875 | 0.968641 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indonesia Military Assistance
Accountability Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Political stability and economic growth in Indonesia
are important to the national interests of the United States,
however, such stability and growth are disrupted by the denial
by the Government of Indonesia, including the denial by the
armed forces of Indonesia, of--
(A) democratic freedoms, such as meaningful
elections, freedom of the press, and freedom of
assembly;
(B) human rights, such as protection from torture
and murder and protection from imprisonment for the
nonviolent expression of political views;
(C) labor rights; and
(D) the rights of citizens to participate in
decisions affecting the environment.
(2) The Government of Indonesia is in a period of crisis,
as illustrated by--
(A) the extensive violations of human rights by the
Government of Indonesia documented in the Department of
State's Country Reports on Human Rights Practices for
1996;
(B) the suppression of peaceful dissent and extreme
interference by the government with the media;
(C) the deposing of Megawati Sukarnoputri as the
head of the Democratic Party of Indonesia (PDI) in
1996; and
(D) the rating by Transparency International of the
Government of Indonesia as one of the most corrupt
governments in the world.
(3) The armed forces of Indonesia play a key role in
preserving nondemocratic rule in Indonesia by deploying forces
at all levels of society to repress peaceful dissent and by
participating in nonmilitary economic ventures that are not
subject to public scrutiny or reported as sources of income to
international financial institutions.
(4) The parliamentary elections in Indonesia scheduled for
May 1997 may be jeopardized by the actions of the Government of
Indonesia, including the actions of the armed forces of
Indonesia, because the Government has repeatedly rendered past
elections meaningless by denying constitutionally-guaranteed
political rights to opposition candidates and their supporters.
(5) The Government of Indonesia recognizes only one
official trade union, has refused to register independent trade
unions such as the Indonesian Prosperous Labor Union (SBSI),
has arrested Mukhtar Pakpahan, the General Chairman of the
SBSI, on charges of subversion, and has closed the offices and
confiscated the materials of the SBSI.
(6) Civil society organizations in Indonesia, such as
environmental organizations, indigenous organizations,
election-monitoring organizations, legal aid organizations,
student organizations, trade union organizations, and community
organizations, have been harassed by the Government of
Indonesia through such means as detentions, interrogations,
denial of permission for meetings, banning of publications,
repeated orders to report to security forces or judicial
courts, and illegal seizure of documents.
(7) The armed forces of Indonesia continue to occupy East
Timor in violation of two United Nations Security Council
resolutions and eight United Nations General Assembly
resolutions, and according to the Department of State's Country
Reports on Human Rights Practices for 1996, the armed forces
continue to carry out torture and killings and other severe
violations of human rights in East Timor, and to detain and
imprison East Timorese for nonviolent expression of political
views.
(8)(A) The Nobel Prize Committee has awarded the 1996 Nobel
Peace Prize to Bishop Carlos Felipe Ximenes Belo and Jose Ramos
Horta for their tireless efforts to find a just and peaceful solution
to the conflict in East Timor.
(B) Both men are an inspiration for those who desire peace
in East Timor.
(9) As stated in a citation for the 1996 Nobel Peace Prize,
``it has been estimated that one-third of the population of
East Timor has lost their lives due to starvation, epidemics,
war, and terror''.
(10) The people of East Timor have been forcibly deprived
of their right to self-determination by the refusal of the
Government of Indonesia to work with the United Nations to
resolve the political status of East Timor.
(11) In August 1993, the Indonesian military committed to a
reduction in the number of combat troops in East Timor.
(12) On August 1, 1996, former Secretary of State Warren
Christopher stated in testimony before the Committee on Foreign
Relations of the Senate, ``I think there's a strong interest in
seeing an orderly transition of power there [in Indonesia] that
will recognize the pluralism that should exist in a country of
that magnitude and importance''.
(b) Purpose.--The purpose of this Act is to promote a peaceful
transition from nondemocratic to democratic rule in Indonesia by
conditioning the provision of United States military assistance to the
Government of Indonesia, including the armed forces of Indonesia, on
the establishment and implementation of specific democratic reforms.
SEC. 3. LIMITATION ON MILITARY ASSISTANCE TO THE GOVERNMENT OF
INDONESIA.
(a) In General.--United States military assistance and arms
transfers may not be provided to the Government of Indonesia for a
fiscal year unless the President determines and certifies to the
Congress for that fiscal year that the Government of Indonesia meets
the following requirements:
(1) Free selection of candidates and party leaders;
domestic monitoring of elections.--
(A) Free selection of candidates and party
leaders.--The Government of Indonesia permits
opposition parties, including opposition parties that
have collected the appropriate number of signatures of
individuals required by the Government in order to have
candidates of such parties placed on the ballot for
national elections (such as the Democratic Party of
Indonesia (PDI)), to freely choose their own party
leaders and candidates.
(B) Domestic monitoring of elections.--The
Government of Indonesia provides official accreditation
to independent election-monitoring organizations,
including the Independent Election Monitoring Committee
(KIPP), to observe national elections without
interference by personnel of the Government or of the
armed forces. In addition, such organizations are
allowed to assess such elections and to publicize or
otherwise disseminate the assessments throughout
Indonesia.
(2) Protection of nongovernmental organizations.--The
police or military of Indonesia do not confiscate materials
from or otherwise engage in illegal raids on the offices or
homes of members of both domestic or international
nongovernmental organizations, including indigenous
organizations, election-monitoring organizations, legal aid
organizations, student organizations, trade union
organizations, community organizations, environmental
organizations, and religious organizations.
(3) Respect for the rule of law.--
(A) Accountability for attack on pdi
headquarters.--As recommended by the Government of
Indonesia's National Human Rights Commission, the
Government of Indonesia has investigated the attack on
the headquarters of the Democratic Party of Indonesia
(PDI) on July 27, 1996, prosecuted individuals who
planned and carried out the attack, and made public the
postmortem examination of the five individuals killed
in the attack.
(B) Release of political prisoners.--The following
individuals, detained or imprisoned for the nonviolent
expression of political views as part of the crackdown
by the Government of Indonesia on July 27, 1996, have
been released from custody:
(i) Budiman Sudjatmiko.
(ii) Mukhtar Pakpahan.
(iii) Other individuals detained or
imprisoned on subversion charges relating to
the crackdown.
(4) Resolution of conflict in east timor.--
(A) Establishment of dialogue.--The Government of
Indonesia has entered into a process of dialogue, under
the auspices of the United Nations, with Portugal and East Timorese
leaders of various viewpoints to discuss ideas toward a resolution of
the conflict in East Timor and the political status of East Timor.
(B) Reduction of troops.--The Government of
Indonesia has established and implemented a plan to
reduce the number of Indonesian troops in East Timor,
as stated by Indonesian Major General Theo Syafei in
August 1993.
(C) Release of political prisoners.--Individuals
detained or imprisoned for the nonviolent expression of
political views, including the right of self-
determination in East Timor, have been released from
custody, including Fernando DeArujo.
(D) Religious rights.--The Government of
Indonesia--
(i) has prohibited policies and practices
of persecution, harassment, detainment, or
confinement of individuals in East Timor based
on religious grounds; and
(ii) has made substantial efforts toward
allowing the freedom of religious expression in
East Timor.
(5) Improvement in labor rights.--The Government of
Indonesia has taken the following actions to improve labor
rights in Indonesia:
(A) The Government has dropped charges of
subversion against the General Chairman of the SBSI
trade union, Mukhtar Pakpahan, and has released Mukhtar
Pakpahan from custody on this charge.
(B) The Government has also released from custody
trade union activists Dita Indah Sari, Cohen Husein
Ponto, and Mohammad Sholeh.
(C) The Government has recognized SBSI as a trade
union and has restored all confiscated equipment to
SBSI.
(b) Waivers.--
(1) In general.--The limitation on United States military
assistance and arms transfers under subsection (a) shall not
apply if the President determines and notifies the Congress
that--
(A) an emergency exists that requires providing
such assistance or arms transfers for the Government of
Indonesia; or
(B) subject to paragraph (2), it is in the national
security interest of the United States to provide such
assistance or arms transfers for the Government of
Indonesia.
(2) Applicability.--A determination under paragraph (1)(B)
shall not become effective until 15 days after the date on
which the President notifies the Congress in accordance with
such paragraph.
(c) Effective Date.--The limitation on United States military
assistance and arms transfers under subsection (a) shall apply only
with respect to assistance provided for, and arms transfers made
pursuant to agreements entered into, fiscal years beginning after the
date of the enactment of this Act.
SEC. 4. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED.
As used in this Act, the term ``United States military assistance
and arms transfers'' means--
(1) assistance under chapter 2 of part II of the Foreign
Assistance Act of 1961 (relating to military assistance),
including the transfer of excess defense articles under section
516 of that Act;
(2) assistance under chapter 5 of part II of the Foreign
Assistance Act of 1961 (relating to international military
education and training or ``IMET''), except that such term
shall not include military education and training for civilian
personnel under section 541 of such Act (commonly referred to
as ``Expanded IMET'') that--
(A) promotes dialogue between civilians and
military officers of the armed forces of Indonesia on
the proper role of the armed forces in a democratic
society; or
(B) provides for training of civilian officials and
military officers of the armed forces of Indonesia on
military justice and international human rights
standards; or
(3) the transfer of defense articles, defense services, or
design and construction services under the Arms Export Control
Act, excluding--
(A) any transfer or other assistance under section
23 of that Act; or
(B) defense articles and defense services licensed
or approved for export under section 38 of that Act. | Indonesia Military Assistance Accountability Act - Prohibits U.S. military assistance and arms transfers to the Government of Indonesia unless the President certifies to the Congress that the Government of Indonesia: (1) permits opposition parties to freely choose their own party leaders and candidates; (2) provides for independent election- monitoring organizations to observe national elections without interference by Government or armed forces personnel; (3) provides protection for both domestic and international nongovernmental organizations; (4) has investigated the attack on the headquarters of the Democratic Party of Indonesia on July 26, 1996, and prosecuted those responsible for such attack; (5) has released specified political prisoners; (6) has entered into discussions toward resolution of the conflict in East Timor; and (7) has taken actions to improve labor rights there. Waives such limitations if the President determines and notifies the Congress that: (1) an emergency exists requiring such assistance or arms transfers; or (2) it is in the national security interest of the United States. | {"src": "billsum_train", "title": "Indonesia Military Assistance Accountability Act"} | 2,491 | 199 | 0.547583 | 1.765908 | 0.874561 | 3.348718 | 11.769231 | 0.928205 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Freedom of Information
Act''.
SEC. 2. INFORMATION ACCESS AND CONSENT.
(a) In General.--Section 444 of the General Education Provisions
Act (20 U.S.C. 1232g) is amended by adding at the end the following:
``(j) Instructional and Testing Materials.--
``(1) In general.--No funds shall be made available under
any applicable program to any educational agency or institution
that has a policy of denying, or that effectively prevents, the
parent of an elementary school or secondary school student
served by such agency or at such institution, as the case may
be, the right to inspect and review any instructional material
used with respect to the educational curriculum of, or testing
material that has been administered to, the student. Each
educational agency or institution shall establish appropriate
procedures for the granting of a request by parents for access
to the instructional material or testing material. The granting
of each such request shall be made in a reasonable period of
time, but shall not exceed 30 days, after the date of the
request.
``(2) Grievance process.--
``(A) In general.--Any educational agency or
institution that receives funding under any applicable
program shall establish and maintain procedures in
accordance with this paragraph for resolving a dispute
under this subsection through mediation or through use
of arbitration if the dispute is not resolved through
mediation.
``(B) Mediation.--
``(i) Goals of mediation.--The goals of
mediation are a prompt resolution of the
dispute in a written agreement between the
parties.
``(ii) Mediation process.--The mediation
process, at a minimum, shall meet the following
requirements:
``(I) Be conducted not later than
60 days after a parent's request for
access and review of educational and
testing materials is denied.
``(II) Not be used to deny or delay
a parent's rights afforded under this
subsection.
``(III) Be conducted by a qualified
and impartial mediator who is trained
in effective mediation techniques and
is chosen by mutual consent of the
involved parties.
``(IV) Be scheduled in a timely
manner and be held in a location that
is convenient to the parties to the
dispute.
``(iii) Costs of mediation.--The costs of
mediation shall be paid for by the educational
agency or institution, as the case may be.
``(C) Arbitration.--
``(i) Goal of arbitration.--The goal of
arbitration is a prompt resolution of the
dispute in the event the parties are unable to
reach a written agreement through the mediation
process.
``(ii) Arbitration process.--The
arbitration process, at a minimum, shall meet
the following requirements:
``(I) Be conducted not later than
60 days after failure to resolve the
dispute through mediation.
``(II) Be conducted by an
independent arbitrator chosen by mutual
consent of all parties to the dispute.
``(III) Require the arbitrator to
take testimony and order such equitable
or declaratory relief as appropriate.
``(IV) Be scheduled in a timely
manner and be held in a location that
is convenient to the parties to the
dispute.
``(V) Be considered final and
binding upon all parties to the
dispute.
``(iii) Costs of arbitration.--The costs of
arbitration shall be shared equally between all
parties to the dispute.
``(3) Definitions.--In this subsection:
``(A) Instructional material.--The term
`instructional material' means a textbook, audio/visual
material, informational material accessible through
Internet sites, material in digital or electronic
formats, instructional manual, or journal, or any other
material supplementary to the educational curriculum of
a student.
``(B) Testing material.--The term `testing
material' means any test (without responses) after the
test is administered to a student during the current
school year, and if available, any statistical
comparison data regarding the test results with respect
to the student's age or grade level. The term does not
include a test subject to a copyright or licensing
agreement.
``(k) Parental Consent.--
``(1) In general.--Except as provided in paragraph (2), no
funds shall be made available under any applicable program to
an educational agency or institution that, without the prior,
written, informed consent of the parent of a student requires
the student to undergo medical, psychological, or psychiatric
examination, testing, treatment, or immunization (except in the
case of a medical emergency).
``(2) Exception.--Paragraph (1) shall not apply to
directory information as defined in subsection (a)(5)(A) or to
medical, psychological, or psychiatric examinations, testing,
treatment, or immunizations of students expressly permitted by
State law without written parental consent.
``(3) Rule of Construction.--Nothing in paragraph (1) shall
be construed as superseding or otherwise affecting informed
parental consent requirements under the Individuals with
Disabilities Act (20 U.S.C. 1400 et seq.).
``(4) Restriction on seeking information from minors.--
Notwithstanding any other provision of Federal law, in
conducting a program or activity funded in whole or in part by
the Federal Government a person may not, without the consent of
at least 1 parent or guardian of a minor or, in the case of an
emancipated minor, the prior consent of the minor, require or
otherwise seek the response of the minor to a survey or
questionnaire whether written or oral which elicits information
concerning any of the following:
``(i) Parental political affiliations or
beliefs.
``(ii) Mental or psychological problems.
``(iii) Sexual behavior or attitudes.
``(iv) Illegal, antisocial, or self-
incriminating behavior.
``(v) Appraisals of other individuals with
whom the minor has a familial relationship.
``(vi) Relationships that are legally
recognized as privileged, including those with
lawyers, physicians, and members of the clergy.
``(vii) Religious affiliations or
beliefs.''.
(b) Right of Access.--The third sentence of section 444(a)(1)(A) of
the General Education Provisions Act (20 U.S.C. 1232g(a)(1)(A)) is
amended by striking ``forty-five'' and inserting ``30''. | Parental Freedom of Information Act - Amends the General Education Provisions Act to require educational agencies or institutions, as a condition for receiving funds for applicable programs, to: (1) neither deny nor prevent the exercise of parental rights to review and inspect instructional materials used in their children's educational curricula; and (2) obtain parental consent before seeking specified types of information from minors, and before performing non-emergency medical psychological, or psychiatric examination, testing, treatment, or immunization of minors. | {"src": "billsum_train", "title": "To amend the General Education Act to allow parents access to certain information about their children."} | 1,463 | 115 | 0.436823 | 1.111867 | 0.563625 | 2.021053 | 14.094737 | 0.757895 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Industry Training Consortia Act''.
SEC. 2. DEFINITION.
In this Act:
(1) Employer.--The term ``employer'' includes a business.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
TITLE I--SKILL GRANTS
SEC. 101. AUTHORIZATION.
(a) In General.--The Secretary of Commerce, in consultation and
coordination with the Secretary of Labor and the Administrator of the
Small Business Administration, shall provide grants to eligible
entities described in subsection (b). The Secretary shall provide the
grants to encourage employers to form consortia to share the cost of
providing, and reduce the risk of investing in, employer-led education
and training programs for employees that meet employer needs and market
demand in specific occupations, for purposes of strengthening United
States competitiveness.
(b) Eligible Entities Described.--
(1) In general.--An eligible entity described in this
subsection is a consortium that--
(A) shall consist of representatives from not fewer
than 10 employers (or nonprofit organizations that
represent employers) who are in a common industry or
who have common skill needs; and
(B) may consist of representatives from 1 or more
of the following:
(i) Labor organizations.
(ii) State and local government agencies.
(iii) Education organizations.
(2) Majority of representatives.--A majority of the
representatives comprising the consortium shall be
representatives described in paragraph (1)(A).
(c) Priority for Small Businesses.--In providing grants under
subsection (a), the Secretary shall give priority to an eligible entity
if a majority of representatives forming the entity represent small-
business concerns, as described in section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
(d) Maximum Amount of Grant.--The amount of a grant provided to an
eligible entity under subsection (a) may not exceed $1,000,000 for any
fiscal year.
SEC. 102. APPLICATION.
To be eligible to receive a grant under section 101, an eligible
entity shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
reasonably require.
SEC. 103. USE OF AMOUNTS.
(a) In General.--The Secretary may not provide a grant under
section 101 to an eligible entity unless such entity agrees to use
amounts received from such grant to develop an employer-led education
and training program (which may be focused on developing skills related
to computer technology, computer-based manufacturing technology,
telecommunications, and other information technologies) necessary to
meet employer needs and market demand in specific occupations.
(b) Conduct of Program.--
(1) In general.--In carrying out the program described in
subsection (a), the eligible entity may provide for--
(A) an assessment of training and job skill needs
for industry and other employers;
(B) development of a sequence of skill standards
that are correlated with advanced industry or
occupational practices;
(C) development of curriculum and training methods;
(D) purchase or receipt of donations of training
equipment;
(E) identification of education and training
providers;
(F) development of apprenticeship programs;
(G) development of education and training programs
for incumbent and dislocated workers and new workers;
(H) development of the membership of the entity;
(I) development of internship, field, and technical
project experiences; and
(J) provision of assistance to member employers in
their human resource development planning.
(2) Additional requirement.--In carrying out the program
described in subsection (a), the eligible entity shall--
(A) provide for development and tracking of
performance outcome measures for the program and the
education and training providers involved in the
program; and
(B) prepare and submit to the Secretary such
reports as the Secretary may require on best practices
developed by the entity through the education and
training program.
(c) Administrative Costs.--The eligible entity may use not more
than 10 percent of the amount of such a grant to pay for administrative
costs associated with the program described in subsection (a).
SEC. 104. REQUIREMENT OF MATCHING FUNDS.
The Secretary may not provide a grant under section 101 to an
eligible entity unless such entity agrees that--
(1) the entity will make available non-Federal
contributions toward the costs of carrying out activities under
section 103 in an amount that is not less than $2 for each $1
of Federal funds provided under a grant under section 101; and
(2) of such non-Federal contributions, not less than $1 of
each such $2 shall be from employers with representatives
serving on the eligible entity.
SEC. 105. LIMIT ON ADMINISTRATIVE EXPENSES.
The Secretary may use not more than 5 percent of the funds made
available to carry out this title--
(1) to pay for Federal administrative costs associated with
making grants under this title, including carrying out
activities described in section 106; and
(2) to develop and maintain an electronic clearinghouse of
information on industry-led training consortia programs.
SEC. 106. INFORMATION AND TECHNICAL ASSISTANCE.
The Secretary shall distribute information and provide technical
assistance to eligible entities on best practices developed through the
education and training programs.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$50,000,000 for each of the fiscal years 2001, 2002, and 2003.
TITLE II--PLANNING GRANTS
SEC. 201. AUTHORIZATION.
(a) In General.--The Secretary of Commerce, in consultation with
the Secretary of Labor, shall provide grants to States to enable the
States to assist employers, organizations, and agencies described in
section 101(b) in conducting planning to form consortia described in
such section.
(b) Maximum Amount of Grant.--The amount of a grant provided to a
State under subsection (a) may not exceed $500,000 for any fiscal year.
SEC. 202. APPLICATION.
To be eligible to receive a grant under section 201, a State shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
SEC. 203. REQUIREMENT OF MATCHING FUNDS.
The Secretary may not provide a grant under section 201 to a State
unless such State agrees that the State will make available non-Federal
contributions toward the costs of carrying out activities under this
title in an amount that is not less than $1 for each $1 of Federal
funds provided under a grant under section 201.
SEC. 204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title
$50,000,000 for fiscal year 2001. | Requires such consortia to have a majority of representatives from not fewer than ten employers (or nonprofit organizations that represent employers) in a common industry or with common skill needs. Allows such consortia to have representatives from labor organizations, State and local governments, and education organizations.
Gives priority for such grants to eligible entities that consist of a majority of representatives from small businesses.
Sets requirements relating to maximum amount of grants, applications, use of program funds, matching funds, administrative expenses, and information and technical assistance.
Authorizes appropriations.
Title II: Planning Grants
- Directs the Secretary of Commerce to make grants to States to assist employers, organizations, and agencies in conducting planning to form consortia under title I.
Sets requirements relating to applications and matching funds.
Authorizes appropriations. | {"src": "billsum_train", "title": "Industry Training Consortia Act"} | 1,510 | 183 | 0.651587 | 1.802421 | 0.819679 | 2.577922 | 9.045455 | 0.876623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Lives Act''.
SEC. 2. DEFINITIONS AND SEVERABILITY.
(a) Definitions.--In this Act:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(3) State.--The term ``State'' has the meaning given to
such term in section 101(a)(36) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(36)).
(b) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance, is held invalid, the
remainder of this Act, and the application of such provision to other
persons not similarly situated or to other circumstances, shall not be
affected by such invalidation.
SEC. 3. INFORMATION SHARING REGARDING CRIMINAL ALIENS.
Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking ``Immigration and Naturalization Service''
each place it appears and inserting ``Department of Homeland
Security'';
(2) in subsection (a), by striking ``may'' and inserting
``shall'';
(3) in subsection (b)--
(A) by striking ``no person or agency may'' and
inserting ``a person or agency shall not''; and
(B) by striking ``doing any of the following with
respect to information'' and inserting ``undertaking
any of the following law enforcement activities''; and
(4) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Notifying the Federal Government regarding the
presence of inadmissible and deportable aliens who are
encountered by law enforcement personnel of a State or
political subdivision of a State.
``(2) Complying with requests for information from Federal
law enforcement.''; and
(5) by adding at the end the following:
``(d) Sanctuary Polices.--Notwithstanding any other provision of
Federal, State, or local law, a Federal, State, or local government
entity or official shall not issue in the form of resolutions,
ordinances, administrative actions, general or special orders, or
departmental policies that violate Federal law or restrict a State or
political subdivision of a State from complying with Federal law or
coordinating with Federal law enforcement.
``(e) Compliance.--
``(1) In general.--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 a
political subdivision of the State, from assisting or
cooperating with Federal immigration law enforcement in the
course of carrying out the officers' routine law enforcement
duties shall not be eligible to receive--
``(A) 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)) or the `Cops on the Beat' program
under part Q of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.); or
``(B) any other law enforcement or Department of
Homeland Security grant.
``(2) Annual determination.--
``(A) Requirement.--Not later than March 1 of each
year, the Secretary of Homeland Security shall
determine which States or political subdivisions of a
State are not in compliance with this section and
report such determination to Congress.
``(B) Ineligibility for financial assistance.--Any
jurisdiction that the Secretary determines is not in
compliance under subparagraph (A)--
``(i) shall be ineligible to receive
Federal financial assistance as provided in
paragraph (1) for a minimum period of 1 year;
and
``(ii) shall only become eligible for such
assistance after the Secretary certifies that
the jurisdiction is in compliance.
``(3) Reallocation.--Any funds that are not allocated to a
State or to a political subdivision of a State, due to the
failure of the State, or of the political subdivision of the
State, to comply with this section shall be reallocated to
States, or to political subdivisions of States, that comply
with such subsection.
``(f) State and Local Law Enforcement Provision of Information
About Apprehended Aliens.--
``(1) Provision of information.--In compliance with this
section and section 434 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each
State, and each political subdivision of a State, shall provide
the Secretary of Homeland Security in a timely manner with
identifying information with respect to each alien in the
custody of the State, or a political subdivision of the State,
who is believed to be inadmissible or deportable.
``(2) Annual report on compliance.--Not later than March 1
of each year, the Secretary shall determine which States, or
the political subdivisions of States, are not in compliance
with this section and submit such determination to Congress.
``(g) Reimbursement.--The Secretary of Homeland Security shall
reimburse States, and political subdivisions of a State, for all
reasonable costs, as determined by the Secretary, incurred by the
State, or the political subdivision of a State, as a result of
providing information under subsection (f)(1).
``(h) Construction.--Nothing in this section shall require law
enforcement officials of a State, or from political subdivisions of a
State--
``(1) to provide the Secretary of Homeland Security with
information related to a victim of a crime or witness to a
criminal offense; or
``(2) to otherwise report or arrest such a victim or
witness.''.
SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Except as otherwise provided by Federal law or
rule of procedure, the Secretary shall execute all lawful writs,
process, and orders issued under the authority of the United States,
and shall command all necessary assistance to execute the Secretary's
duties.
(b) State and Local Cooperation With DHS Detainers.--A State, or a
political subdivision of a State, that has in effect a statute or
policy or practice providing that it not comply with any Department
detainer ordering that it temporarily hold an alien in their custody so
that the alien may be taken into Federal custody, or transport the
alien for transfer to Federal custody, shall not be eligible to
receive--
(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)) or the
``Cops on the Beat'' program under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796dd et seq.); or
(2) any other law enforcement or Department grant.
(c) Immunity.--A State or a political subdivision of a State acting
in compliance with a Department detainer who temporarily holds aliens
in its custody so that they may be taken into Federal custody, or
transports the aliens for transfer to Federal custody, shall be
considered to be acting under color of Federal authority for purposes
of determining its liability, and immunity from suit, in civil actions
brought by the aliens under Federal or State law.
(d) Probable Cause.--It is the sense of Congress that the
Department has probable cause to believe that an alien is inadmissible
or deportable when it issues a detainer regarding such alien under the
standards in place on the date of introduction of this Act.
SEC. 5. ILLEGAL REENTRY.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326)
is amended--
(1) in subsection (a), in the undesignated matter following
paragraph (2), by striking ``not more than 2 years,'' and
inserting ``not less than 5 years,''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``not less than
5 years and'' after ``imprisoned'';
(B) in paragraph (2), by inserting ``not less than
5 years and'' after ``imprisoned'';
(C) in paragraph (3), by striking ``sentence.'' and
inserting ``sentence;''; and
(D) in paragraph (4), by inserting ``not less than
5 years and'' after ``imprisoned for''. | Protecting American Lives Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to declare that a person or agency shall not prohibit or restrict a federal, state, or local government entity from undertaking any of the following law enforcement activities (current law refers to information activities) regarding an individual's immigration status: notifying the federal government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a state or political subdivision of a state (political subdivision), or complying with federal law enforcement information requests. A federal, state, or local government entity or official shall not issue ordinances, administrative actions, general or special orders, or departmental policies that violate federal law or restrict a state or political subdivision from complying with federal law or coordinating with federal law enforcement. A state or political subdivision that has in effect a statute, policy, or practice that prohibits state or local law enforcement officers from assisting or cooperating with federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive: (1) funds for the incarceration of undocumented criminal aliens or for the Cops on the Beat program, or (2) any other law enforcement or Department of Homeland Security (DHS) grant. States or political subdivisions not in compliance shall: (1) be ineligible to receive such assistance for at least one year, and (2) become eligible for such assistance only after DHS certifies that the jurisdiction is in compliance. Withheld funds shall be reallocated to complying states or political subdivisions. States and political subdivisions shall provide DHS with identifying information regarding each incarcerated alien who is believed to be inadmissible or deportable. Nothing in this Act shall require state or local law enforcement officials to: (1) provide DHS with information related to a victim of a crime or witness to a criminal offense, or (2) otherwise report or arrest such a victim or witness. A state or a political subdivision acting in compliance with a DHS detainer that temporarily holds aliens in its custody so that they may be taken into federal custody, or transports the aliens for transfer to federal custody, shall be considered to be acting under color of federal authority for purposes of determining its liability, and immunity from suit in civil actions brought by the aliens under federal or state law. It is the sense of Congress that DHS has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding the alien under the standards in place on the date of introduction of this Act. The Immigration and Nationality Act is amended to increase mandatory minimum sentences for the illegal re-entry of an alien who: (1) was previously denied admission, excluded, deported, or removed; or (2) was removed for certain criminal convictions or excluded for security-related grounds. | {"src": "billsum_train", "title": "Protecting American Lives Act"} | 1,985 | 624 | 0.572092 | 1.79304 | 0.758907 | 5.47482 | 3.188849 | 0.917266 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Auburn Indian Restoration Amendment
Act''.
SEC. 2. RESTRICTIONS ON GAMING.
Section 202 of the Auburn Indian Restoration Act (25 U.S.C. 1300l)
is amended by adding at the end the following new subsection:
``(g) Gaming.--
``(1) Class II and class III gaming activities shall be
lawful only on one parcel of land, which shall be taken into in
trust for the Tribe pursuant to section 204(a)(1), but only
if--
``(A) prior to the time such parcel is taken into
trust, the Tribe and the local government of the
political jurisdiction in which the parcel is located
have entered into a compact as required by section
204(e);
``(B) the gaming facility and related
infrastructure on such parcel of land are located at
least 2 miles from any church, school, or residence
which was constructed in a residential zone and which
existed on the date of the introduction to the House of
Representatives of the Auburn Indian Restoration
Amendment Act (June 5, 1997);
``(C) such parcel of land is specifically taken
into trust for class II and class III gaming
activities; and
``(D) such parcel of land is not part of the land
identified in section 204(b).
``(2) If the State of California finds that class III
gaming activities have been established in violation of the
requirements of the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.) on land held in trust for the Tribe, the State
may institute an action in a court of competent jurisdiction
for injunctive relief to enjoin all class II and class III
gaming activities. If a court of competent jurisdiction
determines, by a preponderance of the evidence, that Class III
gaming activity has been established in violation of the
requirements of the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.) on land held in trust for the Tribe, all Class II
and Class III gaming activities shall be unlawful on land held
in trust for the Tribe and any such activities may be enjoined
by such court. The Tribe shall not raise sovereign immunity as
a defense to any such action or to the enforcement or execution
of a judgment resulting from such action.
``(3) Except as provided herein, nothing in this Act shall
negate or diminish in any way the Tribe's obligation to comply
with all provisions of the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).''.
SEC. 3. RESTRICTIONS ON LAND TO BE HELD IN TRUST.
(a) Lands To Be Taken Into Trust.--Section 204(a) of the Auburn
Indian Restoration Act (25 U.S.C. 1300l-2) is amended to read as
follows:
``(a) Lands To Be Taken Into Trust.--(1) Upon request of the tribe,
the Secretary shall accept forthwith for the benefit of the Tribe any
real property located in Placer County, California, if--
``(A) the property is conveyed or otherwise transferred to
the Secretary;
``(B) at the time of the conveyance or transfer pursuant to
subparagraph (A), there are no adverse legal claims on such
property, including outstanding liens, mortgages, or taxes
owed; and
``(C) prior to the Secretary accepting the property the
Tribe was in compliance with section 202(g)(1) and 202(g)(3),
and subsections (d) and (e) of this section.
``(2) The Secretary may accept, subject to the provisions of this
Act, any additional acreage in the Tribe's service area pursuant to the
authority of the Secretary, for nongaming related activities or
nonresidential purposes under the Act of June 18, 1934 (25 U.S.C. 461
et seq.), provided that the primary function of such additional acreage
shall not be the furtherance of gaming activities.''.
(b) Use of Land Taken Into Trust for Nongaming Purposes.--Section
204 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-2) is amended
by adding at the end the following new subsections:
``(d) Use of Land Taken Into Trust for Nongaming Purposes.--(1) A
parcel of real property taken into trust for the Tribe pursuant to the
provisions of section 204(a) (1) or (2), for purposes other than class
II or class III gaming activities, may only be used and developed in a
manner consistent with and in compliance with all general and community
plans and zoning ordinances of the local government of the political
jurisdiction in which the land to be taken into trust is located which
are in effect at the time that the land is taken into trust, and any
other provisions agreed to in the compact required by subsection (e).
``(2)(A) In addition to the former trust lands referred to in
subsection (b), the Tribe may acquire one parcel of land for
residential purposes pursuant to section 204 (a)(1) and (d)(1).
``(B) Any additional real property taken into trust for the Tribe
for residential purposes pursuant to section 204 (a)(2) and (d)(1)
shall be contiguous to the initial parcel.
``(C) Except as provided in subsection (b), the Secretary shall not
take any real property into trust for residential purposes for
individual members of the Tribe.
``(e) Compact Required.--(1) After the date of the enactment of the
Auburn Indian Restoration Amendment Act, the Secretary shall not take
any land into trust for the Tribe until the Tribe and the local
government of the political jurisdiction in which the land to be taken
into trust is located have entered into a written compact, which the
parties shall negotiate in good faith and in a timely manner, and which
shall include provisions relating to--
``(A) location and permissible use of the land to be taken
into trust;
``(B) an agreed upon environmental study which provides for
the mitigation of any environmental impacts of the proposed
development and uses of the land to be taken into trust, and
that any mitigation required shall be similar in scope and
content to that which would be required of other non-tribal
applicants in the local government of the political
jurisdiction;
``(C) law enforcement jurisdictional responsibilities and
other public services to be provided on the land, consistent
with other Federal laws, including any reasonable compensation
to the local government of the political jurisdiction for the
services and impacts;
``(D) the impact of the removal of the land from the tax
rolls;
``(E) building and design standards for any structures
proposed to be built on the land, including provisions that
such structures shall be built in accordance with standards
similar in scope and content to those required of non-tribal
applicants in the local jurisdiction; and
``(F) such additional matters as the parties may agree.
``(2) The local government of the political jurisdiction in which
the land to be taken into trust is located shall--
``(A) provide notice of the Tribe's proposal and the terms
of the local compact to the public, the State, and the
governing bodies of any other local governments in Placer
County, California;
``(B) provide the recipients of the notice given under
subparagraph (A) with a period of 45 days in which to provide
comments; and
``(C) take comments provided under subparagraph (B) into
consideration and address them before entering into a local
compact.
``(3) The Tribe and the local jurisdiction shall negotiate the
compact required by this subsection in good faith.
``(f) Binding Arbitration.--(1) If a dispute arises regarding--
``(A) the non-compliance of the Tribe or the local
jurisdiction with subsection (e)(3);
``(B) the terms of a compact negotiated pursuant to
subsection (e); or
``(C) the alleged violation of a compact negotiated
pursuant to subsection (e),
the Tribe or the local government of the political jurisdiction in
which the real property relevant to the dispute is located may submit
the dispute to binding arbitration under the United States Arbitration
Act (9 U.S.C. 1 et seq.). The Tribe shall not raise sovereign immunity
as a defense to arbitration or the enforcement of any arbitration award
or any judgment based thereon, and all parties expressly agree to
comply with such awards and judgments.
``(2) If the Tribe or the local government of the political
jurisdiction in which the real property relevant to the dispute is
located elects to submit a dispute to arbitration pursuant to paragraph
(1), an arbitration board shall be established to conduct the
arbitration and shall consist of--
``(A) one independent member selected by the Tribe;
``(B) one independent member selected by the local
government of the political jurisdiction in which the land
relevant to the dispute is located; and
``(C) one member selected by the members selected pursuant
to subparagraphs (A) and (B). If the members selected pursuant
to subparagraphs (A) and (B) are unable to agree upon a third
member within 20 days after selection of the other members, the
presiding judge of the Placer County Superior Court shall
select the third member.
``(3) The costs of an arbitration proceeding under this subsection,
not including attorneys' fees, shall be awarded to the prevailing party
in the arbitration as determined by the arbitration board.
``(4) The decision of the arbitration board shall be final and
implemented subject only to judicial review as provided for in the
United States Arbitration Act (9 U.S.C. 1 et seq.).
``(g) Terms Enforceable.--The terms of subsections (d) and (e) are
specifically enforceable in a court of competent jurisdiction by the
Tribe and the local government of the political jurisdiction in which
the land relevant to a dispute is located against the other. The Tribe
shall not raise its sovereign immunity as a defense to such an action
or the enforcement or execution of any judgment resulting from such
action.''.
SEC. 4. DEFINITIONS.
Section 208 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-
6) is amended by adding at the end the following new paragraphs:
``(8) The term `class II gaming' has the meaning given that
term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
seq.).
``(9) The term `class III gaming' has the meaning given
that term in the Indian Gaming Regulatory Act (25 U.S.C. 2701
et seq.).''.
Passed the House of Representatives November 9, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Auburn Indian Restoration Amendment Act - Amends the Auburn Indian Restoration Act to establish restrictions relating to gaming on and use of land to be taken into trust for the United Indian Community of the Auburn Rancheria of California (Tribe). Prohibits the Secretary of the Interior, after enactment of this Act, from taking any land into trust for the Tribe until the Tribe and the local government of the political jurisdiction in which the land to be taken into trust is located have entered into a specified written compact that the parties shall negotiate in good faith and in a timely manner. | {"src": "billsum_train", "title": "Auburn Indian Restoration Amendment Act"} | 2,415 | 124 | 0.501079 | 1.423103 | 0.58091 | 5.917431 | 20.559633 | 0.926606 |
SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS.
(a) In General.--Chapter 30 of title 39, United States Code, is
amended by inserting after section 3002a the following:
``Sec. 3002b. Nonmailability of certain tobacco products
``(a) In General.--Cigarettes, smokeless tobacco, and roll-your-
own-tobacco--
``(1) are nonmailable matter;
``(2) shall not be--
``(A) deposited in the mails; or
``(B) carried or delivered through the mails; and
``(3) shall be disposed of as the Postal Service directs.
``(b) Civil Penalty.--
``(1) In general.--Any person who violates subsection
(a)(2)(A) shall be liable to the United States for a civil
penalty in an amount not to exceed $100,000 for each violation.
``(2) Hearings.--
``(A) In general.--The Postal Service may determine
that a person has violated subsection (a)(2)(A) only
after notice and an opportunity for a hearing.
Proceedings under this paragraph shall be conducted in
accordance with section 3001(m).
``(B) Penalty considerations.--In determining the
amount of a civil penalty under this paragraph, the
Postal Service shall consider--
``(i) the nature, circumstances, extent,
and gravity of the violation;
``(ii) with respect to the violator, the
degree of culpability, ability to pay, and any
history of prior violations; and
``(iii) such other matters as justice may
require.
``(3) Civil actions to collect.--The Postal Service may
bring a civil action in an appropriate district court of the
United States, in accordance with section 409(g)(2), to collect
a civil penalty under this section.
``(4) Disposition of amounts.--Amounts received in payment
of any civil penalties under this subsection shall be deposited
as miscellaneous receipts in the Treasury of the United States.
``(c) Orders.--Upon evidence satisfactory to the Postal Service
that any person is, for commercial or money-making purposes, engaged in
the sending of mail matter which is nonmailable under this section, the
Postal Service may issue an order which--
``(1) directs any postmaster, to whom any mailing
originating with such person or his representative is tendered
for transmission through the mails (other than a mailing that
consists only of one or more sealed letters), to refuse to
accept any such mailing, unless such person or his
representative first establishes to the satisfaction of the
postmaster that the mailing does not contain any matter which
is nonmailable under this section; and
``(2) requires the person or his representative to cease
and desist from mailing any mail matter which is nonmailable
under this section.
``(d) Prima Facie Evidence of Purpose.--For the purposes of this
section, the repeated mailing of matter which is nonmailable under this
section by any person or the advertisement by any person that the
person will mail cigarettes, smokeless tobacco, or roll-your-own
tobacco in return for payment shall constitute prima facie evidence
that such person is engaged, for commercial or money-making purposes,
in the mailing of matter which is nonmailable under this section.
``(e) Coordination of Efforts.--In the enforcement of this section,
the Postal Service shall cooperate and coordinate its efforts with
related activities of any other Federal agency or of any State or local
government, whenever appropriate.
``(f) Actions by States Relating to Certain Tobacco Products.--
``(1) Authority of states.--Whenever the attorney general
of a State (or an official or agency of a State or local
government designated by the State) has reason to believe that
any person has engaged or is engaging in mailings to residents
of that State in violation of subsection (a)(2)(A), the State
(or designee) may bring, in an appropriate district court of
the United States, a civil action to enjoin such mailings, to
carry out paragraphs (1) and (4) of subsection (b), or to
obtain such other relief as the court may deem appropriate.
``(2) Rights of the postal service.--The State (or
designee) shall serve prior written notice of any action under
paragraph (1) upon the Postal Service and provide the Postal
Service with a copy of its complaint, except in any case where
such prior notice is not feasible, in which case the State (or
designee) shall serve such notice immediately upon instituting
such action. The Postal Service, in accordance with section
409(g)(2), shall have the right (A) to intervene in the action,
(B) upon so intervening, to be heard on all matters arising
therein, and (C) to file petitions for appeal.
``(3) Effect on state court proceedings.--Nothing contained
in this section shall be construed to prohibit an authorized
State official from proceeding in State court on the basis of
an alleged violation of any general civil or criminal statute
of such State.
``(4) Limitation.--Whenever the Postal Service institutes a
civil action for violation of subsection (a)(2)(A), no State
may, during the pendency of such action instituted by the
Postal Service, subsequently institute a separate civil action
for any violation of subsection (a)(2)(A) against any defendant
named in the Postal Service's complaint.
``(g) Definitions.--For purposes of this section--
``(1) the terms `cigarette' and `roll-your-own-tobacco'
have the meanings given them by section 5702 of the Internal
Revenue Code of 1986;
``(2) the term `smokeless tobacco' has the meaning given
such term by section 2341 of title 18; and
``(3) the term `State' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the Virgin Islands.''.
(b) Administrative Subpoenas.--Section 3016(a) of title 39, United
States Code, is amended in paragraphs (1)(A) and (2) by inserting
``3002b or'' before ``3005(a)''.
(c) Enforcement of Postal Service Orders.--Section 3012 of title
39, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section
3005(a)(1) or'' and inserting ``section 3002b(c)(1),
3005(a)(1), or''; and
(B) in paragraph (2), by inserting ``3002b(c)(2)
or'' before ``3005(a)(3)'';
(2) in subsection (c), by inserting ``3002b(c) or'' before
``3005(a)'' each place it appears; and
(3) in subsection (f), by inserting ``3002b(c) or'' before
``3005'' each place it appears.
(d) Semiannual Reports.--Section 3013 of title 39, United States
Code, is amended--
(1) in paragraph (1), by inserting ``3002b(b) or'' before
``3005''; and
(2) in paragraph (3), by striking ``section 3007 of this
title'' and inserting ``section 3002b(c) or section 3007,
respectively,''.
(e) Clerical Amendment.--The table of sections for chapter 30 of
title 39, United States Code, is amended by inserting after the item
relating to section 3002a the following:
``3002b. Nonmailability of certain tobacco products.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall take effect on the 60th
day after the date of the enactment of this Act, and shall
apply with respect to any mail matter mailed on or after such
60th day.
(2) Semiannual reports.--The amendments made by subsection
(d) shall apply beginning with the report submitted for the
reporting period in which occurs the 60th day after the date of
the enactment of this Act.
SEC. 2. TECHNICAL CORRECTION.
(a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of
title 39, United States Code, are amended by striking ``409(d)'' and
inserting ``409(g)(2)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of the Postal
Accountability and Enhancement Act (Public Law 109-435). | Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable.
Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs.
Provides a civil penalty for each mailing violation.
Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is, for commercial or moneymaking purposes, engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter.
Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; (2) impose civil penalties; or (3) obtain other relief. | {"src": "billsum_train", "title": "To amend title 39, United States Code, to make cigarettes and certain other tobacco products nonmailable, and for other purposes."} | 2,007 | 189 | 0.558469 | 1.613673 | 0.849113 | 3.461538 | 10.272189 | 0.952663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Curt Flood Act of 1998''.
SEC. 2. PURPOSE.
It is the purpose of this legislation to state that major league
baseball players are covered under the antitrust laws (i.e., that major
league baseball players will have the same rights under the antitrust
laws as do other professional athletes, e.g., football and basketball
players), along with a provision that makes it clear that the passage
of this Act does not change the application of the antitrust laws in
any other context or with respect to any other person or entity.
SEC. 3. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE
BASEBALL.
The Clayton Act (15 U.S.C. Sec. 12 et seq.) is amended by adding at
the end the following new section:
``Sec. 27. (a) Subject to subsections (b) through (d), the conduct,
acts, practices, or agreements of persons in the business of organized
professional major league baseball directly relating to or affecting
employment of major league baseball players to play baseball at the
major league level are subject to the antitrust laws to the same extent
such conduct, acts, practices, or agreements would be subject to the
antitrust laws if engaged in by persons in any other professional
sports business affecting interstate commerce.
``(b) No court shall rely on the enactment of this section as a
basis for changing the application of the antitrust laws to any
conduct, acts, practices, or agreements other than those set forth in
subsection (a). This section does not create, permit or imply a cause
of action by which to challenge under the antitrust laws, or otherwise
apply the antitrust laws to, any conduct, acts, practices, or
agreements that do not directly relate to or affect employment of major
league baseball players to play baseball at the major league level,
including but not limited to--
``(1) any conduct, acts, practices, or agreements of persons
engaging in, conducting or participating in the business of
organized professional baseball relating to or affecting employment
to play baseball at the minor league level, any organized
professional baseball amateur or first-year player draft, or any
reserve clause as applied to minor league players;
``(2) the agreement between organized professional major league
baseball teams and the teams of the National Association of
Professional Baseball Leagues, commonly known as the `Professional
Baseball Agreement', the relationship between organized
professional major league baseball and organized professional minor
league baseball, or any other matter relating to organized
professional baseball's minor leagues;
``(3) any conduct, acts, practices, or agreements of persons
engaging in, conducting or participating in the business of
organized professional baseball relating to or affecting franchise
expansion, location or relocation, franchise ownership issues,
including ownership transfers, the relationship between the Office
of the Commissioner and franchise owners, the marketing or sales of
the entertainment product of organized professional baseball and
the licensing of intellectual property rights owned or held by
organized professional baseball teams individually or collectively;
``(4) any conduct, acts, practices, or agreements protected by
Public Law 87-331 (15 U.S.C. Sec. 1291 et seq.) (commonly known as
the `Sports Broadcasting Act of 1961');
``(5) the relationship between persons in the business of
organized professional baseball and umpires or other individuals
who are employed in the business of organized professional baseball
by such persons; or
``(6) any conduct, acts, practices, or agreements of persons
not in the business of organized professional major league
baseball.
``(c) Only a major league baseball player has standing to sue under
this section. For the purposes of this section, a major league baseball
player is--
``(1) a person who is a party to a major league player's
contract, or is playing baseball at the major league level; or
``(2) a person who was a party to a major league player's
contract or playing baseball at the major league level at the time
of the injury that is the subject of the complaint; or
``(3) a person who has been a party to a major league player's
contract or who has played baseball at the major league level, and
who claims he has been injured in his efforts to secure a
subsequent major league player's contract by an alleged violation
of the antitrust laws: Provided however, That for the purposes of
this paragraph, the alleged antitrust violation shall not include
any conduct, acts, practices, or agreements of persons in the
business of organized professional baseball relating to or
affecting employment to play baseball at the minor league level,
including any organized professional baseball amateur or first-year
player draft, or any reserve clause as applied to minor league
players; or
``(4) a person who was a party to a major league player's
contract or who was playing baseball at the major league level at
the conclusion of the last full championship season immediately
preceding the expiration of the last collective bargaining
agreement between persons in the business of organized professional
major league baseball and the exclusive collective bargaining
representative of major league baseball players.
``(d)(1) As used in this section, `person' means any entity,
including an individual, partnership, corporation, trust or
unincorporated association or any combination or association thereof.
As used in this section, the National Association of Professional
Baseball Leagues, its member leagues and the clubs of those leagues,
are not `in the business of organized professional major league
baseball'.
``(2) In cases involving conduct, acts, practices, or agreements
that directly relate to or affect both employment of major league
baseball players to play baseball at the major league level and also
relate to or affect any other aspect of organized professional
baseball, including but not limited to employment to play baseball at
the minor league level and the other areas set forth in subsection (b),
only those components, portions or aspects of such conduct, acts,
practices, or agreements that directly relate to or affect employment
of major league players to play baseball at the major league level may
be challenged under subsection (a) and then only to the extent that
they directly relate to or affect employment of major league baseball
players to play baseball at the major league level.
``(3) As used in subsection (a), interpretation of the term
`directly' shall not be governed by any interpretation of section 151
et seq. of title 29, United States Code (as amended).
``(4) Nothing in this section shall be construed to affect the
application to organized professional baseball of the nonstatutory
labor exemption from the antitrust laws.
``(5) The scope of the conduct, acts, practices, or agreements
covered by subsection (b) shall not be strictly or narrowly
construed.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Curt Flood Act of 1998 - Amends the Clayton Act to declare that the antitrust laws apply to the conduct, acts, practices, or agreements (conduct) of persons in the business of organized professional major league baseball relating to or affecting employment of major league baseball players to play baseball at the major league level to the same extent that such laws apply to such conduct of any other professional sports business affecting interstate commerce.
Grants standing to sue under this Act only to a major league baseball player, as defined by this Act.
Specifies that in cases involving conduct that directly relates to or affects both employment of major league baseball players to play baseball at the major league level and any other aspect of organized professional baseball, only those components, portions, or aspects of such conduct that directly relate to or affect employment of major league baseball players to play baseball at the major league level may be challenged under this Act. | {"src": "billsum_train", "title": "Curt Flood Act of 1998"} | 1,483 | 194 | 0.727275 | 2.039433 | 0.840815 | 4.983051 | 8.338983 | 0.960452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voluntary Protection Program Act''.
SEC. 2. VOLUNTARY PROTECTION PROGRAM.
(a) Cooperative Agreements.--The Secretary of Labor shall establish
a program of entering into cooperative agreements with employers to
encourage the establishment of comprehensive safety and health
management systems that include--
(1) requirements for systematic assessment of hazards;
(2) comprehensive hazard prevention, mitigation, and
control programs;
(3) active and meaningful management and employee
participation in the voluntary program described in subsection
(b); and
(4) employee safety and health training.
(b) Voluntary Protection Program.--
(1) In general.--The Secretary of Labor shall establish and
carry out a voluntary protection program (consistent with
subsection (a)) to encourage excellence and recognize the
achievement of excellence in both the technical and managerial
protection of employees from occupational hazards.
(2) Program requirements.--The voluntary protection program
shall include the following:
(A) Application.--Employers who volunteer under the
program shall be required to submit an application to
the Secretary of Labor demonstrating that the worksite
with respect to which the application is made meets
such requirements as the Secretary of Labor may require
for participation in the program.
(B) Onsite evaluations.--There shall be onsite
evaluations by representatives of the Secretary of
Labor to ensure a high level of protection of
employees. The onsite visits shall not result in
enforcement of citations under the Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.).
(C) Information.--Employers who are approved by the
Secretary of Labor for participation in the program
shall assure the Secretary of Labor that information
about the safety and health program shall be made
readily available to the Secretary of Labor to share
with employees.
(D) Reevaluations.--Periodic reevaluations by the
Secretary of Labor of the employers shall be required
for continued participation in the program.
(3) Monitoring.--To ensure proper controls and measurement
of program performance for the voluntary protection program
under this section, the Secretary of Labor shall direct the
Assistant Secretary of Labor for Occupational Safety and Health
to take the following actions:
(A) Develop a documentation policy regarding
information on follow-up actions taken by the regional
offices of the Occupational Safety and Health
Administration in response to fatalities and serious
injuries at worksites participating in the voluntary
protection program.
(B) Establish internal controls that ensure
consistent compliance by the regional offices of the
Occupational Safety and Health Administration with the
voluntary protection program policies of the
Occupational Safety and Health Administration for
conducting onsite reviews and monitoring injury and
illness rates, to ensure that only qualified worksites
participate in the program.
(C) Establish a system for monitoring the
performance of the voluntary protection program by
developing specific performance goals and measures for
the program.
(4) Exemptions.--A site with respect to which a voluntary
protection program has been approved shall, during
participation in the program, be exempt from inspections or
investigations and certain paperwork requirements to be
determined by the Secretary of Labor, except that this
paragraph shall not apply to inspections or investigations
arising from employee complaints, fatalities, catastrophes, or
significant toxic releases.
(5) No payments required.--The Secretary of Labor shall not
require any form of payment for an employer to qualify or
participate in the voluntary protection program.
(c) Transition.--The Secretary of Labor shall take such steps as
may be necessary for the orderly transition from the cooperative
agreements and voluntary protection programs carried out by the
Occupational Safety and Health Administration as of the day before the
date of enactment of this Act, to the cooperative agreements and
voluntary protection program authorized under this section. In making
such transition, the Secretary shall ensure that--
(1) the voluntary protection program authorized under this
section is based upon and consistent with the voluntary
protection programs carried out on the day before the date of
enactment of this Act; and
(2) each employer that, as of the day before the date of
enactment of this Act, had an active cooperative agreement
under the voluntary protection programs carried out by the
Occupational Safety and Health Administration and was in good
standing with respect to the duties and responsibilities under
such agreement, shall have the option to continue participating
in the voluntary protection program authorized under this
section.
SEC. 3. EXPANDED ACCESS TO VOLUNTARY PROTECTION PROGRAM FOR SMALL
BUSINESSES.
The Secretary of Labor shall establish and implement, by
regulation, a program to increase participation by small businesses (as
the term is defined by the Administrator of the Small Business
Administration) in the voluntary protection program established under
section 2 through outreach and assistance initiatives and the
development of program requirements that address the needs of small
businesses.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this section
such sums as may be necessary for fiscal year 2011 and each succeeding
fiscal year. | Voluntary Protection Program Act - Directs the Secretary of Labor to enter into cooperative agreements with employers to: (1) encourage establishment of comprehensive safety and health management systems to protect employees from occupational hazards; and (2) establish a voluntary protection program to encourage excellence and recognize its achievement in both the technical and managerial protection of employees from occupational hazards.
Requires the Secretary to take necessary steps for the orderly transition from Occupational Safety and Health Administration (OSHA) cooperative agreements and voluntary protection programs existing before enactment of this Act to agreements and programs authorized under this Act.
Directs the Secretary to establish a program to increase small business participation in the voluntary protection program. | {"src": "billsum_train", "title": "To authorize the Department of Labor's voluntary protection program and to expand the program to include more small businesses."} | 1,067 | 139 | 0.65549 | 1.598278 | 0.742348 | 3.578125 | 7.945313 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cancer-Free Label Act of 2012''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Approximately 1.5 million Americans, including
children, are diagnosed with cancer annually.
(2) Over 500,000 Americans die from cancer every year.
(3) Less than 5 percent of all cancers are caused by
genetic factors.
(4) Cancer is the top cause of disease-related death for
American children and adolescents.
(5) Children are more vulnerable to environmental
carcinogens than adults.
(6) Reducing exposure to carcinogens reduces risk of
cancer.
(7) The average consumer currently lacks the ability to
easily identify products that do not contain carcinogens.
(8) Consumers benefit from additional information about the
potential health impact of products they use.
(9) When comparing products to purchase for their families,
many consumers use potential health impact as a determining
factor.
(10) The 2008-2009 Annual Report of the President's Cancer
Panel urges action to prevent environmental and occupational
exposure to carcinogens.
(b) Purpose.--The purpose of this Act is to enable consumers to
reduce their exposure to carcinogens by allowing manufacturers to affix
a Cancer-Free label to products that do not contain known or probable
carcinogens through a voluntary process that does not require public
disclosure of trade secrets.
SEC. 3. CANCER-FREE LABELS.
(a) In General.--The head of each Federal department or agency that
regulates a covered product shall establish in that department or
agency a program to permit the labeling of covered products that do not
contain any carcinogens as ``Cancer-Free''.
(b) Development of Label.--The heads of each Federal department or
agency that regulates a covered product shall coordinate to develop an
easily recognizable label to be affixed to a covered product to signify
that the product has been approved for labeling as ``Cancer-Free''.
Such label shall include the following notice: ``This product does not
contain known or likely carcinogens that increase your risk of
cancer.''.
(c) Premarket Approval of Label.--
(1) In general.--It shall be unlawful to introduce or offer
for introduction into interstate commerce a covered product
affixed with a ``Cancer-Free'' label described under subsection
(b)--
(A) if the head of each Federal department or
agency that regulates the product has not approved an
application submitted under paragraph (2) for the
labeling of the product as ``Cancer-Free''; or
(B) if the product contains any substance that is
not listed in such application.
(2) Application.--Any person may submit an application for
the labeling of a covered product as ``Cancer-Free''. Such
application shall include a list of all the substances
contained within the product, and shall be accompanied by a
sample of the product.
(3) Criteria for approval.--The head of each Federal
department or agency to which an application is submitted under
paragraph (2) shall approve the application if such head
determines that--
(A) the application accurately lists all substances
contained in the product;
(B) the product does not contain any carcinogens;
(C) the product does not contain any substances
that display carcinogenicity upon degradation, upon
interactions with other substances contained within the
product or exposed to the product, during storage or
transportation, or during intended use of the product,
as determined by such head based on previous findings
made by such department or agency; and
(D) the applicant has demonstrated a plan to comply
with guidance issued under subsection (e) relating to
manufacture, storage, and transportation.
(4) Confidentiality of information.--Any information
provided to the head of a Federal department or agency under
paragraph (2)--
(A) shall be kept confidential by such department
or agency, and shall be treated as trade secrets or
confidential information for purposes of section
552(b)(4) of title 5, United States Code, and section
1905 of title 18, United States Code;
(B) may not be used for any purpose other than
approval of an application under this subsection; and
(C) may not be made public except with the prior
written consent of the applicant.
Submission of an application under paragraph (2) does not
constitute disclosure of trade secrets by the applicant or
public disclosure for the determination of patentability, and
any information contained in an application may not be used as
prior art to a claimed invention.
(5) Label integrity.--The head of each agency to which
applications are submitted under paragraph (2) shall--
(A) conduct random testing of covered products for
which applications are submitted for approval under
such paragraph to ensure that the applications
accurately list all the substances contained in such
products;
(B) conduct random audits of facilities in which
such covered products are manufactured; and
(C) take reasonable measures to ensure compliance
with agency guidance issued under subsection (e)
relating to manufacture, storage, and transportation of
such covered products.
(6) Fees.--The head of each Federal department or agency
may charge a reasonable fee for the submission and approval of
an application under paragraph (2). The amount of such fee
shall be the amount necessary to result in an estimated total
revenue from all such fees received by the department or agency
that is equal to the estimated total cost of the program
established by the department or agency under subparagraph (a).
(d) Penalty for Violations.--In addition to any other penalty
authorized by law, any person who knowingly violates subparagraph (A)
or (B) of subsection (c)(1) shall be subject to a civil penalty of not
more than $100,000.
(e) Guidance To Prevent Indirect Introduction of Carcinogens.--The
head of each Federal department or agency that regulates a covered
product shall issue guidance to prevent the introduction of carcinogens
into such covered product during the manufacture, storage, and
transportation of such covered product.
(f) National List.--The head of each Federal department or agency
that regulates a covered product shall each post on the public website
of that department or agency a list of all covered products regulated
by that department or agency that have been approved for labeling as
``Cancer-Free''.
(g) Definitions.--In this section:
(1) Carcinogen.--The term ``carcinogen'' means any of the
following:
(A) A substance listed in the National Toxicology
Program Report on Carcinogens as known to be a human
carcinogen or reasonably anticipated to be a human
carcinogen.
(B) A substance described in the Environmental
Protection Agency Integrated Risk Information System as
carcinogenic to humans or likely to be carcinogenic to
humans.
(2) Covered product.--The term ``covered product'' means
any product offered for sale that--
(A) is regulated by the Food and Drug
Administration, the Environmental Protection Agency,
the Department of Agriculture, or the Consumer Product
Safety Commission; and
(B) is intended for individual or residential use. | Cancer-Free Label Act of 2012 - Directs the head of each federal agency that regulates a covered product to establish a program to permit the labeling of such a product that does not contain any carcinogens as "Cancer-Free." Defines a "covered product" to mean any product offered for sale that is: (1) regulated by the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the Department of Agriculture (USDA), or the Consumer Product Safety Commission (CPSC); and (2) intended for individual or residential use.
Requires such agency heads to coordinate to develop an easily recognizable label: (1) to be affixed to a covered product to signify that it has been approved for "Cancer-Free" labeling, and (2) to include a notice stating that "This product does not contain known or likely carcinogens that increase your risk of cancer."
Prohibits the introduction or offering for introduction into interstate commerce of a covered product affixed with a "Cancer-Free" label if: (1) the head of each federal agency that regulates the product has not approved an application for the labeling of the product as "Cancer-Free," or (2) the product contains any substance that is not listed in such application.
Sets forth requirements regarding: (1) application approval and confidentiality; (2) random testing of covered products, random audits of facilities in which such products are manufactured, and measures to ensure compliance with agency guidance; (3) application fees; and (4) penalties for violations.
Requires such agency heads to: (1) issue guidance to prevent the introduction of carcinogens into such product during its manufacture, storage, and transportation; and (2) post on the agency's public website a list of all covered products regulated by that agency that have been approved for labeling as "Cancer-Free." | {"src": "billsum_train", "title": "To establish programs in the executive branch to permit the labeling of certain products that do not contain any carcinogens as \"Cancer-Free\", and for other purposes."} | 1,560 | 401 | 0.667953 | 2.176152 | 0.756661 | 3.871658 | 3.925134 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bias Crimes Compensation Act of
1997''.
SEC. 2. CIVIL RIGHTS.
(a) Findings.--The Congress finds that--
(1) bias-motivated crimes of violence constitute crimes in
violation of the victim's right to be free from discrimination
on the basis of actual or perceived race, color, gender,
religion, national origin, ethnicity, sexual orientation, or
physical or mental disability;
(2) State and Federal criminal laws do not adequately
protect against the bias element of bias-motivated crimes of
violence, which separates these crimes from acts of random
violence, nor do those laws adequately provide victims of bias-
motivated crimes of violence the opportunity to vindicate their
interests;
(3) existing bias and discrimination in the criminal
justice system often deprive victims of bias-motivated crimes
of violence of equal protection of the laws and the redress to
which they are entitled;
(4) bias-motivated crimes of violence have a substantial
adverse effect on interstate commerce, by deterring potential
victims from traveling interstate, from engaging in employment
in interstate business, and from transacting with business, and
in places involved, in interstate commerce;
(5) bias-motivated crimes of violence have a substantial
adverse effect on interstate commerce, by diminishing national
productivity, increasing medical and other costs, and
decreasing the supply of and the demand for interstate
products;
(6) a Federal civil rights claim, as created in this
section, is necessary to guarantee equal protection of the laws
and to reduce the substantial adverse effects of bias-motivated
crimes of violence on interstate commerce; and
(7) victims of bias-motivated crimes of violence have a
right to equal protection of the laws, including a system of
justice that is unaffected by bias or discrimination and that,
at every relevant stage, treats such crimes as seriously as
other violent crimes.
(b) Right.--All individuals within the United States, and the
special maritime and territorial jurisdiction of the United States,
shall have the right to be free from bias-motivated crimes of violence.
(c) Claim.--Any person, including a person who acts under color of
any statute, ordinance, regulation, custom, or usage of any State, who
deprives an individual of the right secured by subsection (b) shall be
liable to the individual injured, in a civil action in any court of
competent jurisdiction, for compensatory damages of not less than
$100,000, punitive damages, injunctive relief, declaratory relief, or
any combination thereof.
(d) Limitation, Procedure, and Rule of Construction.--
(1) Limitation.--Nothing in this section entitles an
individual to a claim under subsection (c) for random acts of
violence unrelated to bias or for acts that cannot be
demonstrated, by a preponderance of the evidence, to be bias-
motivated crimes of violence.
(2) No prior criminal action.--Nothing in this section
requires a prior criminal complaint, prosecution, or conviction
to establish the necessary elements of a claim under subsection
(c).
(3) Concurrent jurisdiction.--The Federal and State courts
shall have concurrent jurisdiction over actions brought
pursuant to this section.
(4) Rule of construction.--Neither section 1367 of title 28
of the United States Code nor subsection (c) of this section
shall be construed, by reason of a claim arising under such
subsection, to confer on the courts of the United States
supplemental jurisdiction of any State law claim seeking the
establishment of a divorce, alimony, equitable distribution of
marital property, or child custody decree.
(e) Definitions.--For purposes of this section--
(1) the term ``bias-motivated'' means committed because of,
on the basis of, and due to (at least in part) an animus based
on, actual or perceived race, color, gender, religion, national
origin, ethnicity, sexual orientation, or physical or mental
disability of the victim;
(2) the term ``crime of violence'' means--
(A) an act or series of acts that would constitute
State or Federal offense of a kind described in section
16 of title 18, United States Code, and punishable by a
maximum term of imprisonment exceeding one year, but
excludes an offense against property that presents no
serious risk of physical or mental disability injury to
an individual; or
(B) one or more actions that would constitute such
offense but for the relationship between the person who
takes such actions and the individual against whom such
actions are taken;
whether or not such offense or such actions result in criminal
charges, prosecution, or conviction and whether or not such
actions were taken within the United States or the special
maritime and territorial jurisdiction of the United States;
(3) the term ``disability'' has the meaning given it in
section 3(2) of the Americans With Disabilities Act of 1990 (42
U.S.C. 12102(2)); and
(4) the term ``special maritime and territorial
jurisdiction of the United States'' has the meaning given such
term in section 7 of title 18, United States Code.
(f) Limitation on Removal.--Section 1445 of title 28, United States
Code, is amended by adding at the end the following:
``(e) A civil action in any State court arising under section 2 of
the Bias Crimes Compensation Act of 1993 may not be removed to any
district court of the United States.''.
(g) Authority To Award Attorney's Fee.--Section 722(b) of the
Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by
inserting ``section 2 of the Bias Crimes Compensation Act of 1993,''
after ``Public Law 92-318,''. | Bias Crimes Compensation Act of 1997 - Declares that all individuals within the United States, and its special maritime and territorial jurisdiction, shall have the right to be free from bias-motivated crimes of violence.
Makes any person, including one who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of such right, liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof.
Specifies that nothing in this Act: (1) entitles an individual to a claim herein for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias-motivated crimes of violence; and (2) requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of such a claim.
Grants the Federal and State courts concurrent jurisdiction over actions brought under this Act.
Prohibits a civil action in State court arising under this Act from being removed to U.S. district court.
Authorizes the court to award attorney's fees to the prevailing party in cases brought under this Act, subject to specified limitations. | {"src": "billsum_train", "title": "Bias Crimes Compensation Act of 1997"} | 1,259 | 289 | 0.658379 | 2.121516 | 0.790105 | 6.888889 | 4.718254 | 0.920635 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Digital Global Access Policy Act of
2016'' or the ``Digital GAP Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage the efforts of developing
countries to improve mobile and fixed access to the Internet in order
to spur economic growth and job creation, improve health, education,
and financial services, reduce poverty and gender inequality, mitigate
disasters, promote democracy and good governance, strengthen
cybersecurity, and update the Department of State's structure to
address cyberspace policy.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Since 2005, the number of Internet users has more than
tripled from 1 billion to 3.2 billion.
(2) 4.2 billion people, 60 percent of the world's
population, remain offline and the growth rate of Internet
access is slowing. An estimated 75 percent of the offline
population lives in just 20 countries and is largely rural,
female, elderly, illiterate, and low-income.
(3) Studies suggest that across the developing world, women
are nearly 50 percent less likely to access the Internet than
men living within the same communities, and that this digital
gender divide carries with it a great economic cost. According
to a study, ``Women and the Web'', bringing an additional 600
million women online would contribute $13 billion-$18 billion
to annual GDP across 144 developing countries.
(4) Without increased Internet access, the developing world
risks falling behind.
(5) Internet access in developing countries is hampered by
a lack of infrastructure and a poor regulatory environment for
investment.
(6) Build-once policies and approaches are policies or
practices that minimize the number and scale of excavation and
construction activities when installing telecommunications
infrastructure in rights-of-way, thereby lowering the
installation costs for high-speed Internet networks and serve
as a development best practice.
SEC. 4. STATEMENT OF POLICY.
Congress declares that it is the policy of the United States to
partner, consult, and coordinate with the governments of foreign
countries, international organizations, regional economic communities,
businesses, civil society, and other stakeholders in a concerted effort
to--
(1) promote first-time Internet access to mobile or
broadband Internet for at least 1.5 billion people in
developing countries by 2020 in both urban and rural areas;
(2) promote Internet deployment and related coordination,
capacity building, and build-once policies and approaches in
developing countries, including actions to encourage--
(A) a build-once approach by standardizing the
inclusion of broadband conduit pipes which house fiber
optic communications cable that support broadband or
wireless facilities for broadband service as part of
rights-of-way projects, including sewers, power
transmission facilities, rail, pipelines, bridges,
tunnels, and roads, that are funded, co-funded, or
partially financed by the United States or any
international organization that includes the United
States as a member, in consultation with
telecommunications providers, unless a cost-benefit
analysis determines that the cost of such approach
outweighs the benefits;
(B) national and local government agencies of
developing countries and donor governments and
organizations to coordinate road building, pipe laying,
and major infrastructure with the private sector so
that, for example, fiber optic cable could be laid
below roads at the time such roads are built; and
(C) international organizations to increase their
financial support, including grants and loans, and
technical assistance to expand information and
communications access and Internet connectivity;
(3) promote policy changes that encourage first-time
affordable access to the Internet in developing countries,
including actions to encourage--
(A) integration of universal and gender-equitable
Internet access goals, to be informed by the collection
of related gender disaggregated data, and Internet
tools into national development plans and United States
Government country-level strategies;
(B) reforms of competition laws and spectrum
allocation processes that may impede the ability of
companies to provide Internet services; and
(C) efforts to improve procurement processes to
help attract and incentivize investment in Internet
infrastructure;
(4) promote the removal of tax and regulatory barriers to
Internet access;
(5) promote the use of the Internet to increase economic
growth and trade, including--
(A) policies and strategies to remove restrictions
to e-commerce, cross-border information flows, and
competitive marketplaces; and
(B) entrepreneurship and distance learning enabled
by access to technology;
(6) promote the use of the Internet to bolster democracy,
government accountability, transparency, and human rights,
including--
(A) policies, initiatives, and investments,
including the development of national Internet plans,
that are consistent with United States human rights
goals, including freedom of expression, religion, and
association;
(B) policies and initiatives aimed at promoting the
multistakeholder model of Internet governance; and
(C) policies and support programs, research, and
technologies that safeguard human rights and
fundamental freedoms online, and enable political
organizing and activism, free speech, and religious
expression that are in compliance with international
human rights standards;
(7) promote Internet access and inclusion into Internet
policymaking for women, people with disabilities, minorities,
low-income and marginalized groups, and underserved
populations; and
(8) promote cybersecurity and data protection, including
international use of the National Institute of Standards and
Technology (NIST) Framework for Improving Critical
Infrastructure Cybersecurity that are industry-led, globally
recognized cybersecurity standards and best practices.
SEC. 5. DEPARTMENT OF STATE ORGANIZATION.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary of State should redesignate an existing Assistant Secretary
position to be the Assistant Secretary for Cyberspace to lead the
Department of State's diplomatic cyberspace policy generally, including
for cybersecurity, Internet access, Internet freedom, and to promote an
open, secure, and reliable information and communications technology
infrastructure.
(b) Activities.--In recognition of the added value of technical
knowledge and expertise in the policymaking and diplomatic channels,
the Secretary of State should--
(1) update existing training programs relevant to policy
discussions; and
(2) promote the recruitment of candidates with technical
expertise into the Civil Service and the Foreign Service.
(c) Offset.--To offset any costs incurred by the Department of
State to carry out the designation of an Assistant Secretary for
Cyberspace in accordance with subsection (a), the Secretary of State
shall eliminate such positions within the Department of State, unless
otherwise authorized or required by law, as the Secretary determines to
be necessary to fully offset such costs.
(d) Rule of Construction.--The redesignation of the Assistant
Secretary position described in subsection (a) may not be construed as
increasing the number of Assistant Secretary positions at the
Department of State above the current level of 24 as authorized in
section 1(c)(1) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(c)(1)).
SEC. 6. USAID.
It is the sense of Congress that the Administrator of the United
States Agency for International Development should--
(1) integrate efforts to expand Internet access, develop
appropriate technologies, and enhance digital literacy into the
education, development, and economic growth programs of the
agency, where appropriate;
(2) expand the utilization of information and
communications technologies in humanitarian aid and disaster
relief responses and United States operations involving
stabilization and security to improve donor coordination,
reduce duplication and waste, capture and share lessons
learned, and augment disaster preparedness and risk mitigation
strategies; and
(3) establish and promote guidelines for the protection of
personal information of individuals served by humanitarian,
disaster, and development programs directly through the United
States Government, through contracts funded by the United
States Government and by international organizations.
SEC. 7. PEACE CORPS.
Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended by--
(1) redesignating subsection (h) as subsection (e); and
(2) by adding at the end the following new subsections:
``(f) It is the sense of Congress that access to technology can
transform agriculture, community economic development, education,
environment, health, and youth development which are the sectors in
which Peace Corps currently develops positions for Volunteers.
``(g) In giving attention to the programs, projects, training, and
other activities referred to in subsection (f), the Peace Corps should
develop positions for Volunteers that are focused on leveraging
technology for development, education, and social and economic
mobility.''.
SEC. 8. LEVERAGING INTERNATIONAL SUPPORT.
In pursuing the policy described in section 4, the President should
direct United States representatives to appropriate international
bodies to use the influence of the United States, consistent with the
broad development goals of the United States, to advocate that each
such body--
(1) commit to increase efforts to promote gender-equitable
Internet access, in partnership with stakeholders and
consistent with host countries' absorptive capacity;
(2) enhance coordination with stakeholders in increasing
affordable and gender-equitable access to the Internet;
(3) integrate gender-equitable affordable Internet access
into existing economic and business assessments, evaluations,
and indexes such as the Millennium Challenge Corporation
constraints analysis, the Doing Business Report, International
Monetary Fund Article IV assessments and country reports, the
Open Data Barometer, and the Affordability Drivers Index;
(4) standardize inclusion of broadband conduit--fiber optic
cables that support broadband or wireless facilities for
broadband service--as part of highway or highway-comparable
construction projects in developing countries, in consultation
with telecommunications providers, unless such inclusion would
create an undue burden, is not necessary based on the
availability of existing broadband infrastructure, or a cost-
benefit analysis determines that the cost outweighs the
benefits;
(5) provide technical assistance to the regulatory
authorities in developing countries to remove unnecessary
barriers to investment in otherwise commercially viable
projects and strengthen weak regulations or develop new ones to
support market growth and development;
(6) utilize clear, accountable, and metric-based targets,
including targets with gender-disaggregated metrics, to measure
the effectiveness of efforts to promote Internet access; and
(7) promote and protect human rights online, such as the
freedoms of speech, assembly, association, religion, and
belief, through resolutions, public statements, projects, and
initiatives, and advocating that other member states of such
bodies are held accountable when major violations are
uncovered.
SEC. 9. PARTNERSHIP FRAMEWORK.
Not later than 180 days after the date of the enactment of this
Act, the President shall transmit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate plans to promote partnerships by United States
development agencies, including the United States Agency for
International Development and the Millennium Challenge Corporation, as
well as international agencies funded by the United States Government
for partnership with stakeholders, that contain the following elements:
(1) Methods for stakeholders to partner with such agencies
in order to provide Internet access or Internet infrastructure
in developing countries.
(2) Methods of outreach to stakeholders to explore
partnership opportunities for expanding Internet access or
Internet infrastructure, including coordination with the
private sector, when financing roads and telecommunications
infrastructure.
(3) Methods for early consultation with stakeholders
concerning projects in telecommunications and road construction
to provide Internet access or Internet infrastructure.
SEC. 10. REPORTING REQUIREMENT ON IMPLEMENTATION EFFORTS.
Not later than 180 days after the date of the enactment of this
Act, the President shall transmit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report on efforts to implement the policy specified in
section 4 and a discussion of the plans and existing efforts by the
United States Government in developing countries to accomplish the
following:
(1) Develop a technical and regulatory road map for
promoting Internet access in developing countries and a path to
implementing such road map.
(2) Identify the regulatory barriers that may unduly impede
Internet access, including regulation of wireline broadband
deployment or the infrastructure to augment wireless broadband
deployment.
(3) Strengthen and support development of regulations that
incentivize market growth and sector development.
(4) Encourage further public and private investment in
Internet infrastructure, including broadband networks and
services.
(5) Increase gender-equitable Internet access and otherwise
encourage or support Internet deployment, competition, and
adoption.
(6) Improve the affordability of Internet access.
(7) Promote technology and cybersecurity capacity building
efforts and consult technical experts for advice regarding
options to accelerate the advancement of Internet deployment,
adoption, and usage.
(8) Promote Internet freedom globally and include civil
society and the private sector in the formulation of policies,
projects, and advocacy efforts to protect human rights online.
(9) Promote and strengthen the multistakeholder model of
Internet governance and actively participate in
multistakeholder international fora, such as the Internet
Governance Forum.
SEC. 11. CYBERSPACE STRATEGY.
The President should include in the next White House Cyberspace
Strategy information relating to the following:
(1) Methods to promote Internet access in developing
countries.
(2) Methods to globally promote cybersecurity policy
consistent with the National Institute of Standards and
Technology (NIST) Framework for Improving Critical
Infrastructure Cybersecurity.
(3) Methods to promote global Internet freedom principles,
such as the freedoms of expression, assembly, association, and
religion, while combating efforts to impose restrictions on
such freedoms.
SEC. 12. DEFINITION.
In this Act--
(1) Build once policies and approaches.--The term ``build
once policies and approaches'' means policies or practices that
minimize the number and scale of excavation and construction
activities when installing telecommunications infrastructure in
rights-of-way.
(2) Cyberspace.--The term ``cyberspace'' means the
interdependent network of information technology
infrastructures, and includes the Internet, telecommunications
networks, computer systems, and embedded processors and
controllers in critical industries, and includes the virtual
environment of information and interactions between people.
(3) Stakeholders.--The term ``stakeholders'' means the
private sector, the public sector, cooperatives, civil society,
the technical community that develops Internet technologies,
standards, implementation, operations, and applications, and
other groups that are working to increase Internet access or
are impacted by the lack of Internet access in their
communities.
Passed the House of Representatives September 7, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Digital Global Access Policy Act of 2016 or the Digital GAP Act (Sec. 4) This bill declares that it is U.S. policy to coordinate with foreign governments, international organizations, regional economic communities, businesses, and civil society to promote in developing countries: first-time, affordable Internet access; Internet deployment and capacity building; removal of tax and regulatory barriers to Internet access; Internet use to increase economic growth and tradeand to bolster democracy, government accountability, transparency, and human rights; Internet access, and inclusion into Internet policy making, for women, people with disabilities, minorities, low-income and marginalized groups, and underserved populations; and cybersecurity and data protection. (Sec. 5) The bill expresses the sense of Congress that the State Department should: (1) redesignate an existing Assistant Secretary position to be the Assistant Secretary for Cyberspace to lead its diplomatic cyberspace policy, and (2) promote the recruitment of candidates with technical expertise into the Civil Service and the Foreign Service. The redesignation of the Assistant Secretary position may not be construed as increasing the number of State Department Assistant Secretary positions above the current level of 24. (Sec. 6) The bill expresses the sense of Congress that the U.S. Agency for International Development should: (1) integrate efforts to expand Internet access, develop appropriate technologies, and enhance digital literacy into its education, development, and economic growth programs; (2) expand the utilization of information and communications technologies in humanitarian aid and disaster relief responses; and (3) establish and promote guidelines for the protection of personal information of individuals served by humanitarian, disaster, and development programs. (Sec. 7) The Peace Corps Act is amended to express the sense of Congress that technology access can transform agriculture, community economic development, education, environment, health, and youth development, which are the sectors in which Peace Corps currently develops volunteer positions. (Sec. 8) The President is urged to use U.S. influence at international bodies to advocate for: increased efforts to promote affordable and gender-equitable Internet access, integrating gender-equitable affordable Internet access into existing economic and business assessments and indexes, standardized inclusion of broadband conduit--fiber optic cables that support broadband or wireless facilities for broadband service, providing technical assistance to regulatory authorities in developing countries to remove unnecessary barriers to investment and strengthen market growth and development, and protection of human rights online. (Sec. 9) The President shall transmit to Congress within 180 days plans to promote U.S. and U.S.-funded agency partnerships with the private and public sectors to provide Internet access or infrastructure in developing countries. (Sec. 10) The President shall report to Congress within 180 days on efforts to implement the Internet access policy under this bill. (Sec. 11) The President is urged to include in the next White House Cyberspace Strategy information about methods to promote: (1) Internet access in developing countries, (2) cybersecurity policy consistent with the National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity, and (3) global Internet freedom principles. (Sec. 12) The bill defines "cyberspace" as the interdependent network of information technology infrastructures, including the Internet, telecommunications networks, computer systems, embedded processors and controllers in critical industries, and the virtual environment of information and interactions between people. | {"src": "billsum_train", "title": "Digital GAP Act"} | 3,040 | 708 | 0.672442 | 2.488833 | 0.708858 | 4.523664 | 4.645802 | 0.929771 |
SECTION 1. PREMIUMS FOR MORTGAGE INSURANCE.
(a) In General.--Paragraph (3) of section 163(h) of the Internal
Revenue Code of 1986 (relating to qualified residence interest) is
amended by adding after subparagraph (D) the following new
subparagraph:
``(E) Mortgage insurance premiums treated as
interest.--
``(i) In general.--Premiums paid or accrued
for qualified mortgage insurance by a taxpayer
during the taxable year in connection with
acquisition indebtedness with respect to a
qualified residence of the taxpayer shall be
treated for purposes of this subsection as
qualified residence interest.
``(ii) Phaseout.--The amount otherwise
allowable as a deduction under clause (i) shall
be reduced (but not below zero) by 10 percent
of such amount for each $1,000 ($500 in the
case of a married individual filing a separate
return) (or fraction thereof) that the
taxpayer's adjusted gross income for the
taxable year exceeds $100,000 ($50,000 in the
case of a married individual filing a separate
return).''.
(b) Definition and Special Rules.--Paragraph (4) of section 163(h)
of the Internal Revenue Code of 1986 (relating to qualified residence
interest) is amended by adding at the end the following new
subparagraphs:
``(E) Qualified mortgage insurance.--The term
`qualified mortgage insurance' means--
``(i) mortgage insurance provided by the
Veterans Administration, the Federal Housing
Administration, or the Rural Housing
Administration, and
``(ii) private mortgage insurance (as
defined by section 2 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4901), as in
effect on the date of the enactment of this
subparagraph).
``(F) Special rules for prepaid qualified mortgage
insurance.--Any amount paid by the taxpayer for
qualified mortgage insurance that is properly allocable
to any mortgage the payment of which extends to periods
that are after the close of the taxable year in which
such amount is paid shall be chargeable to capital
account and shall be treated as paid in such periods to
which so allocated. No deduction shall be allowed for
the unamortized balance of such account if such
mortgage is satisfied before the end of its term. The
preceding sentences shall not apply to amounts paid for
qualified mortgage insurance provided by the Veterans
Administration or the Rural Housing Administration.''
SEC. 2. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE.
Section 6050H of the Internal Revenue Code of 1986 (relating to
information returns relating to mortgage interest) is amended by adding
at the end the following new subsection:
``(h) Returns Relating to Mortgage Insurance Premiums.--
``(1) In general.--The Secretary may prescribe, by
regulations, that any person who, in the course of a trade or
business, receives from any individual premiums for mortgage
insurance aggregating $600 or more for any calendar year, shall
make a return with respect to each such individual. Such return
shall be in such form, shall be made at such time, and shall
contain such information as the Secretary may prescribe.
``(2) Statement to be furnished to individuals with respect
to whom information is required.--Every person required to make
a return under paragraph (1) shall furnish to each individual
with respect to whom a return is made a written statement
showing such information as the Secretary may prescribe. Such
written statement shall be furnished on or before January 31 of
the year following the calendar year for which the return under
paragraph (1) was required to be made.
``(3) Special rules.--For purposes of this subsection--
``(A) rules similar to the rules of subsection (c)
shall apply, and
``(B) the term `mortgage insurance' means--
``(i) mortgage insurance provided by the
Veterans Administration, the Federal Housing
Administration or the Rural Housing
Administration, and
``(ii) private mortgage insurance (as
defined by section 2 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4901), as in
effect on the date of the enactment of this
subparagraph.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to amounts paid or
accrued after the date of enactment of this Act in taxable years ending
after such date. | Amends the Internal Revenue Code to allow the deduction of premiums for mortgage insurance. Provides for the phaseout of such deduction based on income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for premiums on mortgage insurance, and for other purposes."} | 969 | 33 | 0.475509 | 1.114865 | 0.716019 | 2.192308 | 34.230769 | 0.807692 |
SECTION 1. EXCLUSION FROM FEDERAL EMPLOYERS' LIABILITY ACT AND RAILWAY
LABOR ACT.
LIRR police officers shall not be considered employees of a common
carrier by railroad for purposes of the Act entitled ``An Act relating
to the liability of common carriers by railroad to their employees in
certain cases'', enacted April 22, 1908 (popularly known as the
Employers' Liability Act) and shall not be considered employees of a
carrier for purposes of the Railway Labor Act.
SEC. 2. EXCLUSION FROM RAILROAD RETIREMENT ACT OF 1974, RAILROAD
UNEMPLOYMENT INSURANCE ACT, AND RELATED TAXES.
(a) Exclusion From Railroad Retirement Act of 1974 and Railroad
Unemployment Insurance Act.--For purposes of the Railroad Retirement
Act of 1974 and the Railroad Unemployment Insurance Act, a covered LIRR
police officer shall not, as such, be considered an employee (as
defined therein).
(b) Exclusion From Railroad Retirement Tax Act.--For purposes of
the Railroad Retirement Tax Act, a covered LIRR police officer shall
not, as such, be considered an employee or employee representative (as
defined therein).
(c) Railroad Unemployment Repayment Tax.--For purposes of chapter
23A of the Internal Revenue Code of 1986, remuneration paid by the LIRR
or any employee organization to any covered LIRR police officer as such
shall not be treated as rail wages (as defined therein).
SEC. 3. CLARIFICATION OF TAX TREATMENT.
(a) In General.--
(1) In general.--No amount shall be includible in the gross
income of any covered LIRR police officer (or any beneficiary
thereof) by reason of--
(A) any transfer of assets in furtherance of the
controlling agreement to the N.Y. System from any
pension plan maintained by the LIRR, or
(B) any payment by the LIRR to the N.Y. System
pursuant to such agreement,
in connection with the cancellation of such officer's rights
under the Additional Plan.
(2) Limitation.--Paragraph (1) shall not apply with respect
to a covered LIRR police officer to the extent that the
aggregate of the transfers and payments referred to in
paragraph (1) with respect to such officer exceeds the amount
deemed necessary under the N.Y. System to fund such officer's
accrued benefit under the N.Y. System attributable to service
performed while a participant in the Additional Plan.
(b) Benefits Accruing Under N.Y. System.--For purposes of
determining the Federal taxation of benefits accrued by a covered LIRR
police officer under the N.Y. System by reason of the performance of
services after ceasing to accrue benefits under the Additional Plan,
the choice which such officer has of coverage under the N.Y. System
rather than the Additional Plan shall not be treated as a cash or
deferred election under a cash or deferred arrangement for purposes of
section 401(k) of the Internal Revenue Code of 1986.
(c) Controlling Agreement.--For purposes of this section, the term
``controlling agreement'' means the collective bargaining agreement
made June 30, 1989, by and between the LIRR and The Long Island Rail
Road Company Police Benevolent Association, including the agreement
made October 10, 1990, by and between such parties to further the
implementation of Article XXXVI of such collective bargaining
agreement.
(d) Additional Plan.--For purposes of this section, the term
``Additional Plan'' means The Long Island Rail Road Company Plan for
Additional Pensions.
SEC. 4. DEFINITIONS.
For purposes of this Act--
(1) the term ``covered LIRR police officer'' means an LIRR
police officer who is accruing or entitled to benefits under
the N.Y. System, based on service as an LIRR police officer;
(2) the term ``LIRR'' means The Long Island Rail Road
Company, a public benefit corporation of the State of New York;
(3) the term ``LIRR police officer'' means--
(A) any person who on or after the effective date
of section 389 of the Retirement and Social Security
Law of the State of New York holds an appointment as a
police officer in the LIRR police department pursuant
to section 88 of the Railroad Law of the State of New
York; and
(B) any probationary police officer in that
department who is expected to hold such an appointment
after completing the requisite training,
whose initial employment with that department was in the
position of such a probationary officer or as a patrolman,
policewoman, sergeant, lieutenant, or detective, or any
successor title to any of the foregoing positions; and
(4) the term ``N.Y. System'' means the New York State and
local Police and Fire retirement system.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on the first day of the first calendar
month following receipt by the comptroller of the State of New York of
the election by the LIRR, pursuant to subdivision b of section 331 of
the Retirement and Social Security Law of the State of New York, to
participate in the N.Y. System. | Excludes police officers employed by The Long Island Rail Road Company (LIRR) from coverage under the Employers' Liability Act, Railway Labor Act, Railroad Retirement Act of 1974, Railroad Unemployment Insurance Act, Railroad Retirement Tax Act, and Railroad Unemployment Repayment Tax provisions of the Internal Revenue Code.
Sets forth requirements regarding the tax treatment of covered LIRR police officers (or their beneficiaries), including provisions relating to Federal taxation of benefits accrued by covered LIRR police officers under the New York State and Local Police and Fire Retirement System with respect to a controlling collective bargaining agreement and an additional plan. | {"src": "billsum_train", "title": "To remove police officers employed by The Long Island Rail Road Company from coverage under the Employer's Liability Act, the Railway Labor Act, the Railroad Retirement Act, and the Railroad Unemployment Insurance Act, and for other purposes."} | 1,161 | 129 | 0.642527 | 1.913074 | 0.611541 | 3.097345 | 8.876106 | 0.920354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Government
Technology Act''.
SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.
Subtitle C of title V of the Energy Independence and Security Act
of 2007 (Public Law 110-140; 121 Stat. 1661) is amended by adding at
the end the following:
``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
TECHNOLOGIES.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Information technology.--The term `information
technology' has the meaning given that term in section 11101 of
title 40, United States Code.
``(b) Development of Implementation Strategy.--Not later than 1
year after the date of enactment of this section, each Federal agency
shall coordinate with the Director, the Secretary, and the
Administrator of the Environmental Protection Agency to develop an
implementation strategy (that includes best practices and measurement
and verification techniques) for the maintenance, purchase, and use by
the Federal agency of energy-efficient and energy-saving information
technologies, taking into consideration the performance goals
established under subsection (d).
``(c) Administration.--In developing an implementation strategy
under subsection (b), each Federal agency shall consider--
``(1) advanced metering infrastructure;
``(2) energy-efficient data center strategies and methods
of increasing asset and infrastructure utilization;
``(3) advanced power management tools;
``(4) building information modeling, including building
energy management;
``(5) secure telework and travel substitution tools; and
``(6) mechanisms to ensure that the agency realizes the
energy cost savings brought about through increased efficiency
and utilization.
``(d) Performance Goals.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Director, in consultation
with the Secretary, shall establish performance goals for
evaluating the efforts of Federal agencies in improving the
maintenance, purchase, and use of energy-efficient and energy-
saving information technology.
``(2) Best practices.--The Chief Information Officers
Council established under section 3603 of title 44, United
States Code, shall recommend best practices for the attainment
of the performance goals, which shall include Federal agency
consideration of the use of--
``(A) energy savings performance contracting; and
``(B) utility energy services contracting.
``(e) Reports.--
``(1) Agency reports.--Each Federal agency shall include in
the report of the agency under section 527 a description of the
efforts and results of the agency under this section.
``(2) OMB government efficiency reports and scorecards.--
Effective beginning not later than October 1, 2016, the
Director shall include in the annual report and scorecard of
the Director required under section 528 a description of the
efforts and results of Federal agencies under this section.''.
SEC. 3. ENERGY EFFICIENT DATA CENTERS.
Section 453 of the Energy Independence and Security Act of 2007 (42
U.S.C. 17112) is amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by striking subsections (c) through (g) and inserting
the following:
``(c) Stakeholder Involvement.--
``(1) In general.--The Secretary and the Administrator
shall carry out subsection (b) in collaboration with
information technology industry and other key stakeholders,
with the goal of producing results that accurately reflect the
best knowledge in the most pertinent domains.
``(2) Organizations.--In collaborating under paragraph (1),
the Secretary and the Administrator shall pay particular
attention to organizations that--
``(A) have members with expertise in energy
efficiency and in the development, operation, and
functionality of data centers, information technology
equipment, and software, such as representatives of
hardware manufacturers, data center operators, and
facility managers;
``(B) obtain and address input from Department of
Energy National Laboratories or any college,
university, research institution, industry association,
company, or public interest group with applicable
expertise;
``(C) follow--
``(i) commonly accepted procedures for the
development of specifications; and
``(ii) accredited standards development
processes; and
``(D) have a mission to promote energy efficiency
for data centers and information technology.
``(d) Measurements and Specifications.--The Secretary and the
Administrator shall consider and assess the adequacy of the
specifications, measurements, and benchmarks described in subsection
(b) for use by--
``(1) the Federal Energy Management Program;
``(2) the Energy Star program established by section 324A
of the Energy Policy and Conservation Act (42 U.S.C. 6294a);
and
``(3) other efficiency programs of the Department of Energy
or the Environmental Protection Agency.
``(e) Study.--Not later than 1 year after the date of enactment of
this Act, the Secretary, in collaboration with the Administrator, shall
make available to the public an update to the Report to Congress on
Server and Data Center Energy Efficiency published on August 2, 2007,
under section 1 of Public Law 109-431 (120 Stat. 2920), that provides--
``(1) a comparison and gap analysis of the estimates and
projections contained in the original report with new data
regarding the period from 2007 through 2014;
``(2) an analysis considering the impact of information
technologies (including virtualization and cloud computing) in
the public and private sectors;
``(3) an evaluation of the impact of the combination of
cloud platforms, mobile devices, social media, and big data on
data center energy usage; and
``(4) updated projections and recommendations for best
practices through fiscal year 2020.
``(f) Data Center Energy Practitioner Program.--
``(1) In general.--The Secretary, in collaboration with key
stakeholders and the Director of the Office of Management and
Budget, shall carry out a data center energy practitioner
program that leads to the certification of energy practitioners
qualified to evaluate the energy usage and efficiency
opportunities in Federal data centers.
``(2) Periodic evaluations.--Each Federal agency shall
consider having the data centers of the agency evaluated every
4 years by energy practitioners certified pursuant to the
program, whenever practicable, using certified practitioners
employed by the agency.
``(g) Open Data Initiative.--
``(1) In general.--The Secretary, in collaboration with key
stakeholders and the Office of Management and Budget, shall
carry out an open data initiative for Federal data center
energy usage data to make such data available and accessible in
a manner that encourages further data center innovation,
optimization, and consolidation.
``(2) Model.--In carrying out the initiative, the Secretary
shall consider the use of the online Data Center Maturity
Model.
``(h) International Specifications and Metrics.--The Secretary, in
collaboration with key stakeholders, shall actively participate in
efforts to harmonize global specifications and metrics for data center
energy efficiency.
``(i) Data Center Utilization Metric.--The Secretary, in
collaboration with key stakeholders, shall facilitate the development
of an efficiency metric that measures the energy efficiency of a data
center (including equipment and facilities).
``(j) Protection of Proprietary Information.--The Secretary and the
Administrator shall not disclose any proprietary information or trade
secrets provided by any individual or company for the purposes of
carrying out this section or the programs and initiatives carried out
under this section.''. | Energy Efficient Government Technology Act This bill amends the Energy Independence and Security Act of 2007 to require each federal agency to coordinate with the Office of Management and Budget (OMB), the Department of Energy (DOE), and the Environmental Protection Agency to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information technologies. The OMB must establish performance goals for evaluating the efforts of federal agencies in improving the maintenance, purchase, and use of the technology. The Chief Information Officers Council must recommend best practices for attaining the performance goals. DOE must: make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007; carry out a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federal data centers; carry out an open data initiative to make information about federal data center energy usage available and accessible in a manner that encourages data center innovation, optimization, and consolidation; participate in efforts to harmonize global specifications and metrics for data center energy efficiency; and facilitate in the development of an efficiency metric that measures the energy efficiency of a data center. | {"src": "billsum_train", "title": "Energy Efficient Government Technology Act"} | 1,653 | 251 | 0.609972 | 1.788156 | 0.93733 | 6.016529 | 6.619835 | 0.942149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transported Air Pollution Mitigation
Act of 1997''.
SEC. 2. SIP REQUIREMENTS FOR AREAS UPWIND OF OZONE NONATTAINMENT AREAS.
(a) SIP Revisions for All Areas.--Section 110(a) of the Clean Air
Act is amended by inserting the following new paragraph after paragraph
(3):
``(4) For each area (hereinafter in this paragraph referred to as
an `upwind area') in a State which, as determined by the State, causes
or significantly contributes to a violation of the national ambient air
quality standard for ozone in another area (hereinafter in this
paragraph referred to as a `downwind area') in the State, the State
shall submit, within 1 year of such determination, a revision of the
applicable implementation plan that includes a requirement that
either--
``(A) the upwind area reduce emissions of ozone or its
precursors by an amount determined by the State to be necessary
to mitigate impacts commensurate with the level of contribution
caused by the upwind area to air pollution concentrations in
the downwind area; or
``(B) the upwind area make payments to the State or to an
air quality district designated by the State to compensate the
downwind area in such amounts as such State finds necessary to
pay for the costs of emission reduction measures required to be
undertaken in the downwind area to fully mitigate the impacts
of pollutants transported from the upwind area.''.
(b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph
(4) of section 182(b) of the Clean Air Act is amended by adding the
following at the end thereof:
``(B) For each moderate area which the State determines to
cause or significantly contribute to a violation of the
national ambient air quality standards for ozone in a downwind
area (as identified by the State under section 110(a)(4)), the
State shall submit, within 1 year after such determination, a
revision to the applicable implementation plan that includes
all provisions necessary to provide for an enhanced vehicle
inspection and maintenance program as described in paragraph
(3) of subsection (c) of this section and the regulations of
the Administrator adopted pursuant to such paragraph (3).''.
SEC. 3. SIP REQUIREMENTS FOR STATES UPWIND OF OZONE NONATTAINMENT
AREAS.
(a) SIP Revisions for All Areas.--Section 126 of the Clean Air Act
is amended by inserting the following new subsection after subsection
(c):
``(d) States Upwind of Ozone Nonattainment Areas.--For each State
(hereinafter in this subsection referred to as an `upwind State')
which, as determined by the Administrator, causes or significantly
contributes to a violation of the national ambient air quality standard
for ozone in an area in one or more other States (hereinafter in this
paragraph referred to as a `downwind area'), the State shall submit,
within 1 year of such determination, a revision of the applicable
implementation plan provisions adopted under section 110(a)(2)(D)(ii)
that contains either or both the following:
``(1) Provisions under which the upwind State will require
reductions in emissions of ozone or its precursors by an amount
determined by the Administrator to be necessary to mitigate
impacts commensurate with the level of contribution caused by
sources in the upwind State to ozone concentrations in the
downwind area.
``(2) Provisions under which the upwind State will make
payments to the State or States in which all or part of the
downwind area is located or to an air quality district
designated by the Administrator to compensate such State or
States in such amounts as the Administrator finds necessary to
pay for the costs of emission reduction measures required to be
undertaken in the downwind area to fully mitigate the impacts
of pollutants transported from the upwind State.''.
(b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph
(4) of section 182(b) of the Clean Air Act is amended by adding the
following at the end thereof:
``(C) For each moderate area which the Administrator
determines to cause or significantly contribute to a violation
of the national ambient air quality standards for ozone in a
downwind area (as identified by the Administrator under section
126(d)), the State shall submit, within 1 year after such
determination, a revision to the applicable implementation plan
that includes all provisions necessary to provide for an
enhanced vehicle inspection and maintenance program as
described in paragraph (3) of subsection (c) of this section
and the regulations of the Administrator adopted pursuant to
such paragraph (3).''.
SEC. 4. MAINTENANCE PLANS.
(a) Requirements for Maintenance Plans.--(1) Subsection (a) of
section 175A of the Clean Air Act is amended by adding the following at
the end thereof: ``Such plan shall also be amended within 1 year after
the later of--
``(1) the date of enactment of the Transported Air
Pollution Mitigation Act of 1997, or
``(2) the date on which the request under section 107(d) is
submitted
to include measures to provide for an enhanced vehicle inspection and
maintenance program as described in paragraph (3) and (4) of section
182(c) and the regulations of the Administrator adopted pursuant to
such paragraphs if the State determines that the area requesting
redesignation is causing or significantly contributing to a violation
of the national ambient air quality standards for ozone in a downwind
area (as identified by the State under section 110(a)(4)) or if the
Administrator determines that the area requesting redesignation is
causing or significantly contributing to a violation of the national
ambient air quality standards for ozone in a downwind State (as
identified by the Administrator under section 126(d)).''.
(b) Transport Mitigation.--Section 175A of the Clean Air Act is
amended by adding the following at the end thereof:
``(e) Transport Mitigation.--Each plan adopted under this section
shall be amended within 1 year after the enactment of this subsection
to require that any upwind area (as identified by the State under
section 110(a)(4)) and any upwind State (as identified by the
Administrator under section 126(d)) that is designated as an attainment
area that causes or significantly contributes to a violation of the
national ambient air quality standard for ozone in any downwind area
(as identified under section 110(a)(4) or section 126(d)) shall be
required by the applicable implementation plans under section 110 and
this part to implement all measures with respect to the air pollutant
concerned which were contained in the State implementation plan for
such upwind area before its redesignation as an attainment area. Such
measures shall include all existing control measures, as well as any
control measures not yet implemented that are necessary to fully
mitigate the transport of ozone and its precursors to such downwind
areas. There shall be no relaxation or rescission of any control
measure or rule in the upwind area or unwind State as long as sources
in such upwind area or State cause or contribute to a violation of the
national ambient air quality standard for ozone in any such downwind
area.''. | Transported Air Pollution Mitigation Act of 1997 - Amends Clean Air Act provisions regarding State implementation plans for national primary and secondary ambient air quality standards to require a State, for each upwind area which causes or significantly contributes to a violation of the ambient air quality standard for ozone in a downwind area, to submit a plan revision that requires the upwind area to either: (1) reduce emissions of ozone or its precursors by an amount necessary to mitigate impacts to pollution concentrations in the downwind area commensurate with the level of contribution caused; or (2) make payments to the State or the air quality district as compensation to the downwind area for the costs of emission reduction measures to fully mitigate the impacts of transported pollutants. Directs States which cause or significantly contribute to violations of such standards (upwind States) in another State (downwind area) to revise plan provisions for interstate pollution abatement to meet the requirements described above.
Requires a State, for each Moderate ozone nonattainment area determined to cause or significantly contribute to a violation of the national ambient air quality standard for ozone in a downwind area or State, to submit a plan revision including all provisions necessary for an enhanced vehicle inspection and maintenance program described in provisions concerning Serious areas and Environmental Protection Agency regulations. Requires amendment by a State of its plan for maintenance (required when a State requests redesignation of a nonattainment area as an area which has attained the national ambient air quality standard) to include measures for such an inspection program if the area concerned is causing or significantly contributing to a violation of such standards for ozone in a downwind area or State.
Provides for amendments to maintenance plans in upwind areas and States that cause or significantly contribute to violations of such standards in downwind areas or States to require implementation of all measures contained in the State implementation plan for upwind areas before redesignation as attainment areas. Requires implementation of all control measures necessary to fully mitigate the transport of ozone and its precursors to downwind areas. Prohibits any relaxation or rescission of such measures as long as an upwind area or State contributes to such violations in a downwind area. | {"src": "billsum_train", "title": "Transported Air Pollution Mitigation Act of 1997"} | 1,647 | 492 | 0.812014 | 2.675751 | 0.998074 | 3.220297 | 3.576733 | 0.908416 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Loan Securitization
and Secondary Market Enhancement Act of 1993''.
SEC. 2. SMALL BUSINESS RELATED SECURITY.
(a) Definition.--Section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a)) is amended by adding at the end the following
new paragraph:
``(53)(A) The term `small business related security' means
a security that is rated in 1 of the 4 highest rating
categories by at least 1 nationally recognized statistical
rating organization, and either--
``(i) represents an interest in 1 or more
promissory notes evidencing the indebtedness of a small
business and originated by an insured depository
institution (as defined in section 3 of the Federal
Deposit Insurance Act), credit union, insurance
company, or similar institution which is supervised and
examined by a Federal or State authority; or
``(ii) is secured by an interest in 1 or more
promissory notes (with or without recourse to the
issuer) and provides for payments of principal in
relation to payments, or reasonable projections of
payments, on notes meeting the requirements of
subparagraph (A).
``(B) For purposes of this paragraph--
``(i) an interest in a promissory note includes
ownership rights, certificates of interest or
participation in such notes, and rights designed to
assure servicing of such notes, or the receipt or
timely receipt of amounts payable under such notes; and
``(ii) a small business is a business that meets
the criteria for a `small business concern' established
under section 3(a) of the Small Business Act.''.
(b) Conforming Amendment.--Section 3(a) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)) is amended by redesignating paragraph
(51) defining the term ``foreign financial regulatory authority'' as
paragraph (52) and inserting such paragraph after paragraph (51),
defining the term ``penny stocks''.
SEC. 3. APPLICABILITY OF MARGIN REQUIREMENTS.
Section 7(g) of the Securities Exchange Act of 1934 (15 U.S.C.
78g(g)) is amended by inserting ``or a small business related
security'' after ``mortgage related security''.
SEC. 4. BORROWING IN THE COURSE OF BUSINESS.
Section 8(a) of the Securities Exchange Act of 1934 (15 U.S.C.
78h(a)) is amended in the last sentence by inserting ``or a small
business related security'' after ``mortgage related security''.
SEC. 5. SMALL BUSINESS RELATED SECURITIES AS COLLATERAL.
Clause (ii) of section 11(d)(1) of the Securities Exchange Act of
1934 (15 U.S.C. 78k(d)(1)) is amended by inserting ``or any small
business related security'' after ``mortgage related security''.
SEC. 6. INVESTMENT BY DEPOSITORY INSTITUTIONS.
(a) Home Owners' Loan Act Amendment.--Section 5(c)(1) of the Home
Owners' Loan Act (12 U.S.C. 1464(c)(1)) is amended by adding at the end
the following new subparagraph:
``(S) Small business related securities.--
Investments in small business related securities (as
defined in section 3(a)(53) of the Securities Exchange
Act of 1934), subject to such regulations as the
Director may prescribe, including regulations
concerning the minimum size of the issue (at the time
of the initial distribution) or minimum aggregate sales
price, or both.''.
(b) Credit Unions.--Section 107(15) of the Federal Credit Union Act
(12 U.S.C. 1757(15)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by inserting ``or'' at the end;
and
(3) by adding at the end the following new subparagraph:
``(C) are small business related securities (as
defined in section 3(a)(53) of the Securities Exchange
Act of 1934), subject to such regulations as the Board
may prescribe, including regulations prescribing the
minimum size of the issue (at the time of the initial
distribution) or minimum aggregate sales price, or
both;''.
(c) National Banking Associations.--Section 5136 of the Revised
Statutes (12 U.S.C. 24) is amended in the last sentence in the first
full paragraph of paragraph Seventh by striking ``or (B) are mortgage''
and inserting the following: ``(B) are small business related
securities (as defined in section 3(a)(53) of the Securities Exchange
Act of 1934); or (C) are mortgage''.
SEC. 7. PREEMPTION OF STATE LAW.
(a) In General.--Section 106(a)(1) of the Secondary Mortgage Market
Enhancement Act of 1984 (15 U.S.C. 77r-1(a)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) small business related securities (as defined
in section 3(a)(53) of the Securities Exchange Act of
1934), or''.
(b) Obligations of the United States.--Section 106(a)(2) of the
Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r-
1(a)(2)) is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following new
subparagraph:
``(C) small business related securities (as defined
in section 3(a)(53) of the Securities Exchange Act of
1934), or''.
(c) Preemption of State Laws.--Section 106(c) of the Secondary
Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r-1(c)) is
amended--
(1) in the first sentence, by striking ``or that'' and
inserting ``, that'';
(2) by inserting ``, or that are small business related
securities (as defined in section 3(a)(53) of the Securities
Exchange Act of 1934)'' before ``shall be exempt''; and
(3) by adding at the end the following new subsection:
``(d) Implementation.--
``(1) Limitation.--The provisions of subsections (a) and
(b) concerning small business related securities shall not
apply with respect to a particular person, trust, corporation,
partnership, association, business trust, or business entity or
class thereof in any State that, prior to the expiration of 7
years after the date of enactment of this Act, enacts a statute
that specifically refers to this section and either prohibits
or provides for a more limited authority to purchase, hold, or
invest in small business related securities by any person,
trust, corporation, partnership, association, business trust,
or business entity or class thereof than is provided in such
amendments. The enactment by any State of any statute of the
type described in the preceding sentence shall not affect the
validity of any contractual commitment to purchase, hold, or
invest that was made prior to such enactment, and shall not
require the sale or other disposition of any small business
related securities acquired prior to the date of such
enactment.
``(2) Enactment of state provisions.--Any State may, not
later than 7 years after the date of enactment of this Act,
enact a statute that specifically refers to this section and
requires registration or qualification of any small business
related securities on terms that differ from those applicable
to any obligation issued by the United States.''.
SEC. 8. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS FOR
TRANSFERS OF SMALL BUSINESS LOANS AND INVESTMENTS IN
SMALL BUSINESS RELATED SECURITIES.
(a) Accounting Principles.--The accounting principles applicable to
the transfer of a small business loan with recourse contained in
reports or statements required to be filed with the appropriate Federal
banking agencies by all insured depository institutions shall be
uniform and consistent with generally accepted accounting principles.
(b) Capital Requirements.--The amount of capital required to be
maintained by an insured depository institution under applicable
capital standards and other capital measures with respect to the sale
of a small business loan with recourse, as reported under subsection
(a), shall not exceed an amount sufficient to meet the institution's
reasonable estimated liability under the recourse arrangement.
(c) Investments in Small Business Related Securities.--A small
business related security shall be treated as a similarly rated
mortgage-backed security under the risk-based capital requirement
applicable to insured depository institutions.
(d) Regulations Required.--Not later than 180 days after the date
of enactment of this Act, each appropriate Federal banking agency shall
promulgate final regulations implementing this section not later than
180 days after the date of enactment of this Act.
(e) Definitions.--For purposes of this section--
(1) the term ``appropriate Federal banking agency'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act;
(2) the term ``capital standards'' has the same meaning as
in section 38(c) of the Federal Deposit Insurance Act;
(3) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act;
(4) the term ``other capital measures'' has the same
meaning as in section 38(c) of the Federal Deposit Insurance
Act;
(5) the term ``recourse'' shall have the meaning given such
term under generally accepted accounting principles;
(6) the term ``small business'' means a business that meets
the criteria for a small business concern established under
section 3(a) of the Small Business Act; and
(7) the term ``small business related security'' has the
same meaning as in section 3(a)(53) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(53).
SEC. 9. TRANSACTIONS IN SMALL BUSINESS RELATED SECURITIES BY EMPLOYEE
BENEFIT PLANS.
(a) Prohibited Transaction Exemption.--The Secretary of Labor, in
consultation with the Secretary of the Treasury, shall exempt
transactions involving small business related securities (as defined in
section 3(a)(53) of the Securities Exchange Act of 1934 (as added by
section 2 of this Act)), either unconditionally or on stated terms and
conditions, from the restrictions of sections 406 and 407 of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1106, 1107)
and the taxes imposed under section 4975 of the Internal Revenue Code
of 1986 (26 U.S.C. 4975).
(b) Conditions.--In providing for the exemption required under
subsection (a) the Secretary of Labor shall consider--
(1) the importance of facilitating transactions in small
business related securities; and
(2) the necessity of imposing any term or condition to
protect the rights and interests of participants and
beneficiaries of such plan.
(c) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Labor shall promulgate final
regulations to carry out subsection (a).
SEC. 10. TAXATION OF SMALL BUSINESS LOAN INVESTMENT CONDUITS.
(a) Taxation Similar to REMIC.--The Secretary of the Treasury shall
promulgate regulations providing for the taxation of a small business
loan investment conduit and the holder of an interest therein similar
to the taxation of a real estate mortgage investment conduit and the
holder of interests therein under the Internal Revenue Code of 1986.
(b) Adjustment to REMIC Provisions.--In promulgating regulations
under subsection (a), the Secretary shall make any necessary
adjustments to the real estate mortgage investment conduit provisions
to take into consideration--
(1) the purpose of facilitating the securitization of small
business loans through the use of small business loan
investment conduits and the development of a secondary market
in small business loans;
(2) differences in the nature of qualifying mortgages in a
real estate mortgage investment conduit and small business
loans and obligations; and
(3) differences in the practices of participants in the
securitization of real estate mortgages in a real estate
mortgage investment conduit and the securitization of other
assets.
(c) Small Business Loan Investment Conduit Defined.--For purposes
of this section, the term ``small business loan investment conduit''
means--
(1) any entity substantially all of the assets of which
consist of any obligation (including any participation or
certificate of beneficial ownership therein) of a business that
meets the criteria for a small business concern established
under section 3(a) of the Small Business Act; and
(2) if such obligation was originated by an insured
depository institution (as defined in section 3 of the Federal
Deposit Insurance Act), credit union, insurance company, or
similar institution which is supervised and examined by an
appropriate Federal or State authority. | Small Business Loan Securitization and Secondary Market Enhancement Act of 1993 - Amends the Securities Exchange Act of 1934 to define a "small business related security" (SBRS) as generally a high rated security that represents and is secured by promissory notes evidencing and that provides for payments of principal in relation to payments on the notes. Provides that SBRSs shall be exempt from: (1) certain restrictions in the margin and securities delivery rules; (2) certain restrictions on borrowing on securities by and lending among, brokers, dealers, and other members of national securities exchanges; and (3) certain prohibitions on the extension of credit by members of exchanges, brokers, and dealers against a security which was part of a new issue.
Amends the Home Owners' Loan Act, the Federal Credit Union Act, and related statutes to allow banks, credit unions, and other depository institutions to invest in SBRSs.
Amends the Secondary Mortgage Market Enhancement Act of 1984 to: (1) authorize any U.S. person or entity to invest in SBRS, to the same extent such person is authorized to invest in U.S. obligations issued; and (2) exempt SBRSs from any State law's security registration and qualification to the same extent that U.S. securities are so exempt. Provides for States to enact provisions prescribing specific requirement for SBRSs.
Requires the accounting principles applicable to the transfer of a small business loan with recourse contained in reports or statements required by appropriate Federal banking agencies to be uniform and consistent with generally accepted accounting principles. Prohibits the amount of capital required to be maintained by a depository institution with respect to the sale of a small business loan with recourse from exceeding an amount sufficient to meet the institution's reasonable estimated liability under the recourse arrangement. Requires an SBRS to be treated as a mortgage-backed security under the risk-based capital requirements applicable to insured depository institutions.
Directs the Secretary of Labor to exclude transactions involving SBRSs from certain restrictions and taxes imposed on "prohibited transactions" under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (thereby allowing pension fund managers to participate in the pooling and packaging of small business loans for sale as securities).
Requires the Secretary of the Treasury to promulgate regulations providing for the taxation of a small business loan investment conduit and the holder of an interest therein in a manner similar to the taxation of a real estate mortgage investment conduit and the holder of an interest therein under the Internal Revenue Code. | {"src": "billsum_train", "title": "Small Business Loan Securitization and Secondary Market Enhancement Act of 1993"} | 3,060 | 563 | 0.584177 | 1.871237 | 0.724961 | 3.481092 | 5.521008 | 0.863445 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Exchanges for Enhanced
Routing of Information so Networks are Great Act of 2018'' or the
``PEERING Act of 2018''.
SEC. 2. NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
GRANTS.
(a) Grants.--On and after the first day of the first fiscal year
beginning after the date on which the Assistant Secretary establishes
rules and timelines under subsection (d), the Assistant Secretary shall
award grants to entities to acquire real property and necessary
equipment to--
(1) establish a new internet exchange facility in a core
based statistical area in which, at the time the grant is made,
there are no existing internet exchange facilities; or
(2) expand operations at an existing internet exchange
facility in a core based statistical area in which, at the time
the grant is made, there is only one internet exchange
facility.
(b) Eligibility.--An entity may not receive a covered grant unless
the entity certifies to the Assistant Secretary that the entity has
sufficient interest from third-party entities that will use the
internet exchange facility to be funded by the grant once the facility
is established or operations are expanded, as applicable.
(c) Federal Share.--The Federal share of the total cost of the
establishment or expansion of operations at an internet exchange
facility for which a covered grant is received may not exceed 50
percent.
(d) Applications.--
(1) Rules and timelines.--Not later than 1 year after the
date of the enactment of this Act, the Assistant Secretary
shall establish rules and timelines for applications for
covered grants.
(2) Third-party review.--To prevent fraud in the covered
grant program, the Assistant Secretary shall enter into a
contract with an independent third party under which the third
party reviews an application for a covered grant not later than
60 days after the date on which the application is submitted to
ensure that only an entity that is eligible for a covered grant
receives a covered grant.
(e) Rule of Construction.--Nothing in this section shall be
construed to authorize the Assistant Secretary to regulate, issue
guidance for, or otherwise interfere with the activities at an internet
exchange facility.
(f) No Additional Funds Authorized.--No additional funds are
authorized to be appropriated to carry out this section. This section
shall be carried out using amounts otherwise authorized.
SEC. 3. USE OF E-RATE AND RURAL HEALTH CARE UNIVERSAL SERVICE SUPPORT.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended by adding at the end the following:
``(m) Use of E-Rate and Rural Health Care Support for Costs
Relating to Internet Exchange Facility Connection.--
``(1) In general.--Notwithstanding any other provision of
law or regulation, including subpart F or G of part 54 of title
47, Code of Federal Regulations, a recipient of support under
such subpart F or G may receive support under such subpart--
``(A) to contract with a broadband internet service
provider to obtain connection to an internet exchange
facility; or
``(B) for the costs of maintaining a point of
presence at an internet exchange facility.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to authorize the Commission to regulate,
issue guidance for, or otherwise interfere with the activities
at an internet exchange facility.
``(3) Internet exchange facility defined.--In this
subsection, the term `internet exchange facility' means
physical infrastructure through which internet service
providers and content delivery networks exchange internet
traffic between their networks.''.
SEC. 4. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Core based statistical area.--The term ``core based
statistical area'' has the meaning given such term by the
Office of Management and Budget in the Notice of Decision
entitled ``2010 Standards for Delineating Metropolitan and
Micropolitan Statistical Areas'', published in the Federal
Register on June 28, 2010 (75 Fed. Reg. 37246), or any
successor to such Notice.
(3) Covered grant.--The term ``covered grant'' means a
grant awarded under section 2(a).
(4) Internet exchange facility.--The term ``internet
exchange facility'' means physical infrastructure through which
internet service providers and content delivery networks
exchange internet traffic between their networks. | Promoting Exchanges for Enhanced Routing of Information so Networks are Great Act of 2018 or the PEERING Act of 2018 This bill requires the Department of Commerce to award grants for entities to acquire real property and necessary equipment to establish a new Internet exchange facility in areas where there are no existing Internet exchange facilities, or to expand operations at an existing Internet exchange facility where there is only one Internet exchange facility. An Internet exchange facility is the physical infrastructure through which Internet service providers and content delivery networks exchange Internet traffic between their networks. The bill amends the Communications Act of 1934 to allow schools, libraries, and rural health care providers that receive funds to pay for telecommunications to use the funds to contract with a broadband provider to obtain a connection at an Internet exchange facility or to pay the costs for maintaining a connection at such a facility. | {"src": "billsum_train", "title": "Promoting Exchanges for Enhanced Routing of Information so Networks are Great Act of 2018"} | 998 | 187 | 0.580476 | 1.625279 | 0.803892 | 4.044872 | 5.858974 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building U.S. Infrastructure by
Leveraging Demands for Skills'' or the ``BUILDS Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote industry or sector
partnerships that engage in collaborative planning, resource alignment,
and training efforts across multiple businesses, for a range of workers
employed or potentially employed by infrastructure industries, in order
to encourage industry growth and competitiveness and to improve worker
training, retention, and advancement.
SEC. 3. DEFINITIONS.
In this Act:
(1) Career and technical education; career guidance and
academic counseling.--The terms ``career and technical
education'' and ``career guidance and academic counseling''
have the meanings given such terms in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
(2) Career pathway.--The term ``career pathway'' has the
meaning given such term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
(3) Eligible entity.--The term ``eligible entity'' means an
entity that is an industry or sector partnership, or (with
respect to an implementation grant) an entity that is in the
process of establishing an industry or sector partnership.
(4) Individual with a barrier to employment; industry or
sector partnership; local board.--The terms ``individual with a
barrier to employment'', ``industry or sector partnership'',
and ``local board'' have the meanings given such terms in
section 3 of the Workforce Innovation and Opportunity Act.
(5) Recognized postsecondary credential; registered
apprenticeship program.--The terms ``recognized postsecondary
credential'' and ``registered apprenticeship program'' have the
meanings given such terms in such section.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(7) State; state board.--The terms ``State'' and ``State
board'' have the meanings given such terms in 3 of the
Workforce Innovation and Opportunity Act.
(8) Targeted infrastructure industry.--The term ``targeted
infrastructure industry'' means an industry, including
transportation (including surface, transit, aviation, or
railway transportation), construction, energy, information
technology, or utilities industries, that the eligible entity
identifies in accordance with section 5(c) to be served by a
grant under this Act.
(9) Work-based learning program.--The term ``work-based
learning program'' means a program (which may be a registered
apprenticeship program) that provides workers with paid work
experience and corresponding approved classroom instruction,
delivered in an employment relationship that both the employer
and worker intend to be permanent.
SEC. 4. GRANTS AUTHORIZED.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation, the Secretary of Energy, the Secretary of Commerce,
the Secretary of Education, and the Chief of Engineers and Commanding
General of the Army Corps of Engineers, shall award, on a competitive
basis, grants to eligible entities to plan and implement activities to
achieve the strategic objectives described in section 5(d) with respect
to a targeted infrastructure industry.
(b) Grants.--
(1) Types of grants.--A grant awarded under this Act may be
in the form of--
(A) an implementation grant, for entities seeking
an initial grant under this Act; or
(B) a renewal grant for entities that have already
received an implementation grant under this Act.
(2) Duration.--Each grant awarded under this Act shall be
for a period not to exceed 3 years.
(3) Amount.--The amount of a grant awarded under this Act
may not exceed--
(A) for an implementation grant, $2,500,000; and
(B) for a renewal grant, $1,500,000.
(c) Award Basis.--
(1) Geographic diversity.--The Secretary shall award grants
under this Act in a manner that ensures geographic diversity in
the areas in which activities will be carried out under the
grants.
(2) Priority for renewal grants.--In awarding renewal
grants under this Act, the Secretary shall give priority to
eligible entities that--
(A) demonstrate long-term sustainability of an
industry or sector partnership; and
(B) provide a non-Federal share of the cost of the
activities.
SEC. 5. APPLICATION PROCESS.
(a) In General.--An eligible entity desiring a grant under this Act
shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may require,
including the contents described in subsection (b).
(b) Contents.--An application submitted under this Act shall
contain, at a minimum--
(1) a description of the eligible entity, evidence of the
eligible entity's capacity to carry out activities to achieve
the strategic objectives described in subsection (d), and the
expected participation and responsibilities of each of the
partners included in the industry or sector partnership
involved;
(2) a description of the targeted infrastructure industry
served by the grant, and a description of how such industry was
identified in accordance with subsection (c);
(3) a description of the workers that will be targeted or
recruited by the partnership, including an analysis of the
existing labor market, a description of potential barriers to
employment for targeted workers, and a description of
strategies that will be employed to help workers overcome such
barriers;
(4) a description of the local, State, or federally funded
infrastructure projects on which the eligible entity
anticipates engaging partners;
(5) a description of the strategic objectives described in
subsection (d) that the eligible entity intends to achieve
concerning the targeted infrastructure industry;
(6) a description of the credentials that the eligible
entity proposes to use or develop as a performance measure, to
assess the degree to which the eligible entity has achieved
such strategic objectives, which credentials--
(A) shall be nationally portable;
(B) shall be recognized postsecondary credentials
or, if not available for the industry, other
credentials determined by the Secretary to be
appropriate; and
(C) shall be related to the targeted infrastructure
industry that the eligible entity proposes to support;
(7) a description of the manner in which the eligible
entity intends to make sustainable progress towards achieving
such strategic objectives;
(8) performance measures for measuring progress towards
achieving such strategic objectives;
(9) a description of the Federal and non-Federal resources,
available under provisions of law other than this Act, that
will be leveraged in support of the partnerships and activities
under this Act; and
(10) a timeline for progress towards achieving such
strategic objectives.
(c) Targeted Infrastructure Industry.--Each grant under this Act
shall serve a targeted infrastructure industry that is identified by
the eligible entity through working with businesses, industry
associations and organizations, labor organizations, State boards,
local boards, economic development agencies, and other organizations
that the eligible entity determines necessary.
(d) Strategic Objectives.--The activities to be carried out under
each grant awarded under this Act shall be designed to achieve
strategic objectives that include the following:
(1) Recruiting key stakeholders in the targeted
infrastructure industry, such as multiple businesses, labor
organizations, local boards, and education and training
providers, including providers of career and technical
education, and regularly convening the stakeholders in a
collaborative structure that supports the sharing of
information, ideas, and challenges common to the targeted
infrastructure industry.
(2) Identifying the training needs of multiple businesses
in the targeted infrastructure industry, including--
(A) needs for skills critical to competitiveness
and innovation in the industry;
(B) needs of the registered apprenticeship programs
or other work-based learning programs supported by the
grant; and
(C) needs for the usage of career pathways.
(3) Facilitating actions that lead to economies of scale by
aggregating training and education needs of multiple
businesses.
(4) Helping postsecondary educational institutions,
training institutions, sponsors of registered apprenticeship
programs, and all other providers of career and technical
education and training programs receiving assistance under this
Act, align curricula, entrance requirements, and programs to
the targeted infrastructure industry needs and the credentials
described in subsection (b)(6), particularly for higher skill,
high-priority occupations related to the targeted
infrastructure industry.
(5) Providing information on the grant activities to the
State agency carrying out the State program under the Wagner-
Peyser Act (29 U.S.C. 49 et seq.), including staff of the
agency that provide services under such Act, to enable the
agency to inform recipients of unemployment compensation of the
employment and training opportunities that may be offered
through the grant activities.
(6) Helping partner businesses in industry or sector
partnerships to attract potential workers from a diverse
jobseeker base, including individuals with barriers to
employment, by identifying any such barriers through analysis
of the labor market and implementing strategies to help such
workers overcome such barriers.
SEC. 6. ACTIVITIES.
(a) In General.--An eligible entity receiving a grant under this
Act shall--
(1) designate an entity in the industry or sector
partnership as the fiscal agent for the grant funds; and
(2) carry out activities described in subsections (b) (as
applicable), (c), and (d) to achieve the strategic objectives
identified in the entity's application under section 5(b)(5),
in a manner that integrates services and funding sources to
ensure effectiveness of the activities and that uses the grant
funds efficiently.
(b) Planning Activities.--An eligible entity receiving an
implementation grant under this Act shall use not more than $250,000 of
the grant funds to carry out planning activities during the first year
of the grant period. Such activities may include--
(1) establishing the industry or sector partnership;
(2) convening key stakeholders as identified in the
application process;
(3) conducting outreach to local businesses and business
associations; or
(4) conducting an evaluation of workforce needs in the
local area.
(c) Business Engagement.--An eligible entity receiving a grant
under this Act shall use the grant funds to provide services to engage
businesses in efforts to achieve the strategic objectives identified in
the entity's application under section 5(b)(5). The services may
include assisting businesses--
(1) in navigating the registration process for a sponsor of
a registered apprenticeship program;
(2) by connecting the business with an education provider,
including a provider of career and technical education, to
develop classroom instruction to complement on-the-job
learning;
(3) in developing the curriculum design of a work-based
learning program;
(4) in employing workers participating in a work-based
learning program for a transitional period before a business
hires the worker for full-time employment not less than 30
hours a week;
(5) in providing training to managers and front-line
workers to serve as trainers or mentors to workers
participating in a work-based learning program;
(6) in providing career awareness activities, such as
career guidance and academic counseling; and
(7) in recruiting, for participation in a work-based
learning program, individuals eligible to receive additional
workforce or human services, including--
(A) individuals participating in programs under the
Workforce Innovation and Opportunity Act (29 U.S.C.
3101 et seq.), and the amendments made by such Act,
including to the Rehabilitation Act of 1973 (29 U.S.C.
701 et seq.);
(B) recipients of assistance through the
supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.);
(C) recipients of assistance through the program of
block grants to States for temporary assistance for
needy families established under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.); or
(D) any other individuals with a barrier to
employment.
(d) Support Services.--The eligible entity receiving a grant under
this Act shall use the grant funds to provide services to support the
success of individuals described in subsection (c)(7) who are
participating in a work-based learning program for a period of not less
than 12 months. Such services may include the following:
(1) Pre-employment services.--Services, provided in a pre-
employment stage of the program, to expand access to a work-
based learning program for individuals described in subsection
(c)(7). Such services may include--
(A) skills training;
(B) career and technical education;
(C) initial assessments;
(D) providing work attire and necessary tools for a
work site;
(E) wrap-around services, such as child care and
transportation; and
(F) job placement assistance.
(2) Early employment services.--Services provided to
individuals described in subsection (c)(7) who are
participating in a work-based learning program during their
first 6 months of employment through such program, to assure
the individuals succeed in the program. Such services may
include--
(A) ongoing case management and support services,
including the services provided in the pre-employment
stage described in paragraph (1);
(B) continued skills training, including career and
technical education, conducted in collaboration with
employers of such individuals;
(C) additional mentorship and retention supports
for such individuals;
(D) targeted training for frontline managers,
journey level workers working with such individuals
(such as mentors), and human resource representatives
within the business where such individuals are placed;
and
(E) subsidized wages and benefits for a period of
not more than 6 months, during which the eligible
entities shall serve as the employers of record of such
individuals.
(3) Employment services.--Services to ensure the
individuals described in paragraph (2) maintain employment in
the work-based learning program for at least 12 months. The
services shall include support necessary to complete the work-
based learning program, such as continuation of mentoring and
support services provided under paragraph (2).
(e) Evaluation and Progress Reports.--Not later than 1 year after
receiving a grant under this Act, and annually thereafter, the eligible
entity receiving the grant shall submit a report to the Secretary and
the Governor of the State that the eligible entity serves, that--
(1) describes the activities funded by the grant; and
(2) evaluates the progress the eligible entity has made
towards achieving the strategic objectives identified under
section 5(b)(5).
(f) Administrative Costs.--An eligible entity may use not more than
5 percent of the funds awarded through a grant under this Act for
administrative expenses in carrying out this section.
SEC. 7. ADMINISTRATION BY THE SECRETARY.
(a) In General.--The Secretary may use not more than 10 percent of
the amount appropriated under section 8 for each fiscal year for
administrative expenses to carry out this Act, including the expenses
of providing the technical assistance and oversight activities under
subsection (b).
(b) Technical Assistance; Oversight.--The Secretary shall provide
technical assistance and oversight to assist the eligible entities in
applying for and administering grants awarded under this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Building U.S. Infrastructure by Leveraging Demands for Skills or the BUILDS Act This bill requires the Department of Labor to award implementation or renewal grants, for up to three years and on a competitive basis, to eligible industry or sector partnerships to achieve certain strategic objectives with respect to targeted infrastructure industries (e.g., transportation, construction, energy, information technology, or utilities industries). Such strategic objectives must include: recruiting key stakeholders in the targeted infrastructure industries; identifying the training needs of multiple businesses in such industries; facilitating actions that lead to economies of scale by aggregating multiple businesses' training and education needs; helping grant recipients who provide career and technical education and training in aligning curricula, entrance requirements, and programs to the targeted infrastructure's needs and required credentials; providing information on grant activities to state agencies to enable them to inform unemployment compensation recipients of employment and training opportunities; and helping partner businesses to attract potential workers from a diverse jobseeker base. | {"src": "billsum_train", "title": "Building U.S. Infrastructure by Leveraging Demands for Skills"} | 3,285 | 205 | 0.576648 | 1.792693 | 0.75038 | 3.291209 | 17.450549 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Girls' Access to
Education in Vulnerable Settings Act'' or the ``Protecting Girls'
Access to Education Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) At the start of 2017, more than 65 million people have
been displaced by disasters and conflicts around the world, the
highest number recorded since the end of World War II, of which
more than 21 million people are refugees.
(2) More than half of the population of displaced people
are children and, according to the United Nations High
Commissioner for Refugees, nearly 4 million school-aged
displaced children lack access to primary education.
(3) Education offers socioeconomic opportunities,
psychological stability, and physical protection for displaced
people, particularly for women and girls, who might otherwise
be vulnerable to severe forms of trafficking in persons (as
such term is defined in section 103(9) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(9))), child
marriage, sexual exploitation, or economic disenfranchisement,
and contributes to long-term recovery and economic
opportunities for displaced people and for the communities
hosting them.
(4) Displaced children face considerable barriers to
accessing educational services and, because the duration of
such displacement is, on average, 20 years, such children may
spend the entirety of their childhood without access to such
services.
(5) Despite the rising need for such services, less than 2
percent of global emergency aid was directed toward educational
services in 2016.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is critical to ensure that children, particularly
girls, displaced by conflicts overseas are able to access
educational services because such access can combat extremism
and reduce exploitation and poverty; and
(2) the educational needs of vulnerable women and girls
should be considered in the design, implementation, and
evaluation of related United States foreign assistance policies
and programs.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) partner with and encourage other countries, public and
private multilateral institutions, and nongovernmental and
civil society organizations, including faith-based
organizations and organizations representing parents and
children, to support efforts to ensure that displaced children
have access to safe primary and secondary education;
(2) work with donors to enhance training and capacity-
building for the governments of countries hosting significant
numbers of displaced people to design, implement, and monitor
programs to effectively address barriers to such education;
(3) incorporate into the design and implementation of such
programs measures to evaluate the impact of the programs on
girls, with respect to the reduction of child marriage, gender-
based violence, and severe forms of trafficking in persons (as
such term is defined in section 103(9) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7103(9))); and
(4) coordinate with the governments of countries hosting
significant numbers of displaced people to--
(A) promote the inclusion of displaced children
into the educational systems of such countries; and
(B) develop innovative approaches to providing safe
primary and secondary educational opportunities in
circumstances in which such inclusion is not possible
or appropriate, such as schools that permit more
children to be educated by extending the hours of
schooling and expanding the number of teachers.
SEC. 5. UNITED STATES ASSISTANCE TO SUPPORT EDUCATIONAL SERVICES FOR
DISPLACED CHILDREN.
(a) In General.--The Secretary of State and the Administrator of
the United States Agency for International Development are authorized
to prioritize and advance ongoing efforts to support programs that--
(1) provide safe primary and secondary education for
displaced children;
(2) build the capacity of institutions in countries hosting
displaced people to prevent discrimination against displaced
children, especially displaced girls, who seek access to such
education; and
(3) help increase the access of displaced children,
especially displaced girls, to educational, economic, and
entrepreneurial opportunities, including through the
governmental authorities responsible for educational or youth
services in such host countries.
(b) Coordination With Multilateral Organizations.--The Secretary
and the Administrator are authorized to coordinate with the World Bank,
appropriate agencies of the United Nations, and other relevant
multilateral organizations to work with governments in other countries
to collect relevant data, disaggregated by age and gender, on the
ability of displaced people to access education and participate in
economic activity, in order to improve the targeting, monitoring, and
evaluation of related assistance efforts.
(c) Coordination With Private Sector and Civil Society
Organizations.--The Secretary and the Administrator are authorized to
work with private sector and civil society organizations to promote
safe primary and secondary education for displaced children.
SEC. 6. REPORT.
During the 5-year period beginning on the date of the enactment of
this Act, the Secretary and the Administrator shall include in any
report or evaluation submitted to Congress relating to a foreign
assistance program for natural or manmade disaster relief or response
the following information (to the extent practicable and appropriate):
(1) A breakdown of the beneficiaries of such program by
location, age, gender, marital status, and school enrollment
status.
(2) A description of how such program benefits displaced
people.
(3) A description of any primary or secondary educational
services supported by such program that specifically address
the needs of displaced girls.
Passed the House of Representatives October 3, 2017.
Attest:
KAREN L. HAAS,
Clerk. | . Protecting Girls' Access to Education in Vulnerable Settings Act or the Protecting Girls' Access to Education Act (Sec. 3) This bill expresses the sense of Congress that: (1) it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to access educational services because such access can combat extremism and reduce exploitation and poverty; and (2) the educational needs of vulnerable women and girls should be considered in U.S. foreign assistance policies and programs. (Sec. 5) The Department of State and the U.S. Agency for International Development (USAID) may advance programs that: provide safe, primary and secondary education for displaced children; build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing educational discrimination; and help increase the access of displaced children, especially girls, to educational, economic, and entrepreneurial opportunities. The State Department and USAID may: coordinate with multilateral organizations to work with foreign governments to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity; and work with domestic and foreign private sector and civil society organizations to promote safe, primary and secondary education for displaced children. (Sec. 6) The State Department and USAID shall include in any congressional report relating to a foreign assistance program for natural or man-made disaster relief: (1) a breakdown of program beneficiaries by location, age, gender, marital status, and school enrollment status; (2) a description of how such program benefits displaced people; and (3) a description of any primary or secondary educational services supported by such program that specifically address the needs of displaced girls. | {"src": "billsum_train", "title": "Protecting Girls\u2019 Access to Education in Vulnerable Settings Act"} | 1,171 | 365 | 0.697284 | 2.47528 | 0.920701 | 5.991098 | 3.421365 | 0.922849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Sea Otter Recovery and
Research Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Sea otters were hunted to near extinction in the 18th
and 19th centuries along the west coast of the United States.
Today a small population of southern sea otters exists along
the California coastline.
(2) Southern sea otters are listed as a threatened species
under the Endangered Species Act of 1973, and are recognized as
depleted under the Marine Mammal Protection Act of 1972.
(3) Southern sea otters have educational, economic,
ecological, and scientific importance to the people of
California and the Nation.
(4) Recent studies have--
(A) determined that an elevated level of mortality,
particularly in adult southern sea otters, is limiting
recovery of the population; and
(B) determined that the major threats to the
southern sea otter are largely due to degraded marine
ecosystems, including infectious diseases,
sequestration of contaminants, food resource
limitations, and coastal oil spills.
(5) Enactment of provisions to implement the United States
Fish and Wildlife Service document entitled ``Final Revised
Recovery Plan for the Southern Sea Otter (Enhydra lutris
nereis'') could lead to delisting of the southern sea otter
under the Endangered Species Act of 1973.
(6) Research underlies every aspect of recovering southern
sea otter populations, educating citizens and stakeholders, and
restoring coastal ecosystems.
SEC. 3. SOUTHERN SEA OTTER RECOVERY PROGRAM.
(a) In General.--The Secretary of the Interior, acting through the
United States Fish and Wildlife Service (in this Act referred to as the
``Secretary''), shall carry out a recovery program for southern sea
otter populations along the coast of California. The recovery program
shall include the following:
(1) Monitoring and analysis of southern sea otter
population demographics and life history parameters, including
a biannual population census.
(2) Protection of southern sea otter populations.
(3) Reduction or elimination of potential factors limiting
southern sea otter populations that are related to human
activities.
(4) Assessment of southern sea otter health in accordance
with the Southern Sea Otter Health Assessment Plan developed
under subsection (c).
(5) Education and outreach to the public about southern sea
otters and their survival.
(b) Annual Report.--The Secretary shall annually submit to the
Congress a report on the status of southern sea otter populations.
(c) Health Assessment Plan.--The Secretary shall--
(1) in consultation with the Southern Sea Otter Recovery
Implementation Team established under section 5, develop a
Southern Sea Otter Health Assessment Plan;
(2) collect and analyze tissue samples from southern sea
otters;
(3) after such analysis, submit the tissue samples to the
Secretary of Commerce for inclusion in the National Marine
Mammal Tissue Bank provided for under section 407 of the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1421f) to allow for
managed access to the tissues by other researchers; and
(4) review progress on the implementation of the Southern
Sea Otter Health Assessment Plan developed under paragraph (1)
and report the status of the plan as part of the report under
subsection (b).
(d) Contents of Plan.--The Southern Sea Otter Health Assessment
Plan developed under subsection (a)(1) shall include--
(1) mechanisms to assess and evaluate, among other matters,
the immunology, virology, toxicology, parasitology,
endocrinology, and nutritional status of southern sea otters;
and
(2) identification of centers of expertise and resources to
implement the plan.
(e) Promotion of Ecosystem Sustainability.--In implementing this
section, the Secretary shall seek to promote ecosystem sustainability,
in cooperation with the Secretary of Commerce and State fisheries
management agencies.
SEC. 4. SOUTHERN SEA OTTER RESEARCH PROGRAM.
(a) Grant Authority.--The Secretary of the Interior shall award
competitive grants to support research regarding southern sea otters.
(b) Research Subjects.--Research funded with grants under this
section--
(1) shall be in accordance with the research goals
established by the Sea Otter Recovery Implementation Team under
section 5; and
(2) shall include the following topics:
(A) Southern sea otter demographics and natural
history.
(B) Contaminant sequestration.
(C) Infectious diseases and parasites affecting
southern sea otters.
(D) Limitations on the availability of food
resources for southern sea otters.
(c) Recommendation of Grants by Advisory Board Required.--The
Secretary--
(1) shall submit each grant proposal submitted under this
section to the Southern Sea Otter Recovery Implementation Team
established under section 5; and
(2) may not make a grant under this section unless the
grant proposal has been recommended by such Team.
SEC. 5. SOUTHERN SEA OTTER RECOVERY IMPLEMENTATION TEAM.
(a) Establishment.--The Secretary of the Interior shall establish
the Southern Sea Otter Recovery Implementation Team (in this section
referred to as the ``Team''). The Federal Advisory Committee Act (5
App. U.S.C.) shall not apply to the Team.
(b) Functions.--The Team shall--
(1) make recommendations to the Secretary regarding overall
southern sea otter recovery program administration and research
goals;
(2) serve as a link between the recovery program and
stakeholders;
(3) review the recommendations of the Scientific Advisory
Committee established by section 6; and
(4) make recommendations to the Secretary regarding funding
of scientific research under section 4.
(c) Membership.--
(1) In general.--The Team shall have balanced
representation and shall consist of no more than 13 members.
The Secretary shall, in consultation with the Marine Mammal
Commission, appoint members of the Team from among--
(A) individuals who are representatives of Federal,
State, or local agencies with expertise in sea otter
management;
(B) individuals who are representatives of local
marine user groups;
(C) individuals who are representatives of marine
conservation and other public interest organizations;
(D) individuals who are representatives of
organizations involved in southern sea otter rescue,
rehabilitation, and release; and
(E) individuals who are representatives of
scientific and educational organizations.
(2) Chairman.--The Team shall elect a member of the Team as
chairman of the Team for a term of 3 years. A member of the
Team may not serve more than 2 terms as chairman.
(d) Conflicts of Interest.--A member of the Team who participated
in the development of a proposal may not participate in the review and
recommendation of grants under section 4(c) with respect to the
proposal by the Team.
(e) Staffing and Assistance.--The Secretary may make available to
the Team any staff, information, administrative services, or assistance
the Secretary determines is reasonably required to enable the Team to
carry out its function.
(f) Administration.--
(1) Internal administrative regulations.--The Team shall
adopt rules, procedures, and other internal administrative
regulations as may be necessary to carry out its functions.
(2) Subsidiary bodies.--The Team may establish such
subsidiary bodies as it considers necessary to carry out its
functions.
(g) Public Participation and Procedural Matters.--The following
apply with respect to the conduct of business meetings of the Team:
(1) Each meeting shall be open to the public, and
interested persons shall be allowed to present oral or written
statements on items on the agenda.
(2) Regular business meetings of the Team shall occur at
least once a year. Other extraordinary meetings of the Team may
be held at the call of the chairman.
(3) Timely notice of each meeting, including the time,
place, and agenda of the meeting, shall be published locally
and in the Federal Register.
(4) Minutes of each meeting shall be kept, and shall
contain a summary of attendees and matters discussed.
SEC. 6. SCIENTIFIC ADVISORY COMMITTEE.
(a) Establishment.--The Secretary shall establish the Southern Sea
Otter Recovery Scientific Advisory Committee (in this section referred
to as the ``Advisory Committee''). The Federal Advisory Committee Act
(5 App. U.S.C.) shall not apply to the Advisory Committee.
(b) Functions.--The Advisory Committee shall--
(1) evaluate the scientific merit and quality of southern
sea otter research proposals submitted for funding in response
to a request by the Secretary for proposals, based on the
research goals established by the Secretary; and
(2) make recommendations to the Southern Sea Otter Recovery
Implementation Team established by section 5 regarding funding
of such proposals.
(c) Membership.--The Advisory Committee shall have balanced
representation, and shall consist of no more than 11 members appointed
by the Secretary from among individuals with a doctorate or equivalent
education degree. The Secretary shall, in consultation with the Marine
Mammal Commission and the Sea Otter Recovery Implementation Team
established under section 5, appoint members of the Team from among--
(1) representatives of Federal, State, or local agencies
with expertise in sea otter management;
(2) representatives of local marine user groups;
(3) representatives of marine conservation and other public
interest organizations;
(4) representatives of organizations involved in southern
sea otter rescue, rehabilitation, and release; and
(5) representatives of scientific and educational
organizations.
(d) Terms.--
(1) In general.--Except as provided in paragraph (2), the
term of a member of the Advisory Committee shall be 3 years.
(2) Initial appointments.--Of the members first appointed
as members of the Advisory Committee--
(A) 3 shall be appointed to an initial term of 1
year; and
(B) 3 shall be appointed to an initial term of 2
years.
(e) Conflicts of Interest.--A member of the Advisory Committee who
participated in the development of a proposal may not participate in
the review and recommendation of grants under section 4(c) with respect
to the proposal by the Advisory Committee.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary of the Interior to carry out this Act $5,000,000 for each of
fiscal years 2004 through 2009, of which $2,000,000 each fiscal year
shall be for grants under section 4.
(b) Administrative Expenses.--Of amounts available each fiscal year
to carry out section 6, the Secretary may expend not more than 6
percent or $80,000, whichever is greater, to pay the administrative
expenses necessary to carry out section 6. | Southern Sea Otter Recovery and Research Act - Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service, to carry out a recovery program for southern sea otter populations along the coast of California.
Requires the Secretary to: (1) develop a Southern Sea Otter Health Assessment Plan; (2) collect and analyze tissue samples from southern sea otters; and (3) submit the tissue to the Secretary of Commerce for inclusion in the National Marine Mammal Tissue Bank to allow for managed access to such tissues by other researchers.
Requires the Secretary to: (1) award competitive grants to support research regarding southern sea otters; and (2) establish the Southern Sea Otter Recovery Implementation Team to make recommendations on overall southern sea otter recovery program administration and research goals, as well as funding of scientific research, serve as a link between the recovery program and stakeholders, and review the recommendations of the Southern Sea Otter Recovery Scientific Advisory Committee.
Requires the Secretary to establish the Southern Sea Otter Recovery Scientific Advisory Committee to evaluate and make recommendations to the Team regarding the scientific merit and quality of southern sea otter research funding proposals. | {"src": "billsum_train", "title": "To establish a program of research and other activities to provide for the recovery of the southern sea otter."} | 2,326 | 249 | 0.685631 | 1.932758 | 0.864582 | 4.873874 | 9.72973 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Seniors Act of 1999''.
SEC. 2. PRESCRIPTION DRUG ASSISTANCE UNDER THE MEDICAID PROGRAM.
(a) Eligibility.--Section 1902(a)(10) of the Social Security Act
(42 U.S.C. 1396a(a)(10)) is amended--
(1) in subparagraph (E)(iv)(II), by striking ``and'' at the
end;
(2) in subparagraph (F), by adding ``and'' at the end; and
(3) by inserting after subparagraph (F) the following:
``(G) for making medical assistance described in
section 1905(v) available (but only for prescribed
drugs available under the State plan furnished during
fiscal year 2000 and each fiscal year thereafter), for
individuals who--
``(i) are not otherwise eligible for
medical assistance for prescribed drugs under
the State plan;
``(ii) are enrolled in part B of title
XVIII; and
``(iii) whose income does not exceed 175
percent of the official poverty line (as
defined by the Office of Management and Budget,
and revised annually in accordance with section
673(2) of the Omnibus Budget Reconciliation Act
of 1981) for a family of the size involved;''.
(b) Benefit.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended by adding at the end the following:
``(v)(1) For purposes of section 1902(a)(10)(G), the medical
assistance described in this subsection is the applicable percentage
(determined under paragraph (2)) of a low-income medicare beneficiary's
out-of-pocket expenditures for prescribed drugs available under the
State plan.
``(2) For purposes of paragraph (1), the applicable percentage is--
``(A) in the case of a low-income medicare
beneficiary whose income does not exceed 100 percent of
the official poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Omnibus Budget
Reconciliation Act of 1981 for a family of the size
involved), 100 percent;
``(B) in the case of a low-income medicare
beneficiary whose income exceeds 100 but does not
exceed 125 percent of such poverty line, 75 percent;
``(C) in the case of a low-income medicare
beneficiary whose income exceeds 125 but does not
exceed 150 percent of such poverty line, 50 percent;
and
``(D) in the case of a low-income medicare
beneficiary whose income exceeds 150 but does not
exceed 175 percent of such poverty line, 25 percent.
``(3) In this subsection, the term `low-income medicare
beneficiary' means an individual described in section
1902(a)(10)(G).''.
(c) Conforming Amendment.--Section 1903(f)(4) of the Social
Security Act (42 U.S.C. 1396b(f)(4)) is amended by striking ``or
1905(u)'' and inserting ``1905(u), or 1902(a)(10)(G)''.
(d) Effective Date.--The amendments made by this section shall
apply to medical assistance provided beginning with fiscal year 2000.
SEC. 3. PAYMENTS TO STATES FOR COSTS AT A FEDERAL MATCHING RATE OF 100
PERCENT.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended--
(1) in the first sentence of subsection (b), by inserting
``and 1903(x)'' after ``1933(d)''; and
(2) by adding at the end the following:
``(x) With respect to medical assistance described in section
1905(v) for individuals described in section 1902(a)(10)(G), and
amounts expended for the proper and efficient administration of such
sections, the Federal medical assistance percentage for such medical
assistance and amounts is equal to 100 percent.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to medical assistance provided beginning with fiscal year 2000.
SEC. 4. ON-GOING STATE MAINTENANCE OF EFFORT.
Notwithstanding any other provision of law, the Secretary of Health
and Human Services shall reduce payments to a State under section
1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) for a calendar
quarter in a fiscal year to the extent that the Secretary determines
that, for a quarter beginning on or after January 1, 2000--
(1) the level of State expenditures for medicare
beneficiaries under any State-funded prescription drug program
for such quarter is less than the level of such expenditures
under such program during fiscal year 1999; or
(2) the level of State expenditures for medical assistance
provided to medicare beneficiaries under title XIX of such Act
(42 U.S.C. 1396 et seq.) for such quarter is less than the
level of such expenditures under such title during fiscal year
1999. | Directs the Secretary of Health and Human Services to reduce payments to a State for a calendar quarter in a fiscal year to the extent that the Secretary determines that certain State expenditure levels for Medicare beneficiaries related to any State- funded prescription drug program or Medicare medical assistance provided under Medicare is less than the level of such expenditures under Medicare or Medicaid during FY 1999. | {"src": "billsum_train", "title": "Healthy Seniors Act of 1999"} | 1,176 | 76 | 0.494141 | 1.112705 | 0.079274 | 4.632353 | 14.647059 | 0.897059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Planning Amendments Act of
1993''.
SEC. 2. PROJECT GRANTS AND CONTRACTS FOR FAMILY PLANNING SERVICES.
(a) Requiring Certain Nondirective Counseling and Referral
Services.--Section 1001 of the Public Health Service Act (42 U.S.C.
300) is amended--
(1) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(2) by inserting after subsection (a) the following
subsection:
``(b)(1) The Secretary may not make an award of a grant or contract
under this section unless the applicant for the award agrees that the
family planning project involved will provide to individuals
information regarding pregnancy management options upon request of the
individuals, and that such information will be provided only through
individuals holding professional degrees in medicine or osteopathic
medicine, nursing, clinical psychology, the allied health professions,
or social work, through individuals meeting such other criteria as the
Secretary determines to be appropriate for providing such information,
or through individuals allowed under State law to provide such
information.
``(2) With respect to compliance with the agreement made under
paragraph (1), the family planning project involved, and any provider
of services in the project, may not be required to provide information
regarding a pregnancy management option if--
``(A) the project or provider (as the case may be) objects
to doing so on grounds of religious beliefs or moral
convictions; and
``(B) the project refers the individual seeking services to
another provider in the project, or to another project in the
geographic area involved, as the case may be, that will provide
such information.
``(3) For purposes of this subsection, the term `information
regarding pregnancy management options' means nondirective counseling
and referrals regarding--
``(A) prenatal care and delivery;
``(B) infant care, foster care, and adoption; and
``(C) termination of pregnancy.''.
(b) Compliance With State Laws on Parental Notification and
Consent.--Section 1008 of the Public Health Service Act (42 U.S.C.
300a-6) is amended by inserting ``(a)'' before ``None'' and by adding
at the end the following:
``(b)(1) No public or nonprofit entity that performs abortions may
receive an award of a grant or contract under section 1001 unless the
entity has certified to the Secretary that the entity is in compliance
with State law regarding parental notification of or consent for the
performance of an abortion on a minor which is enforced in the State in
which the entity is located.
``(2) Paragraph (1) shall not be construed to require or prohibit a
State's adoption of parental notification or parental consent laws
regarding the performance of an abortion on a minor, or to require or
prohibit the enforcement by a State of such laws.''.
(c) Information on Condoms.--Section 1001 of the Public Health
Service Act, as amended by subsection (a) of this section, is amended
by inserting after subsection (b) the following subsection:
``(c) The Secretary may not make an award of a grant or contract
under this section unless the applicant for the award agrees that the
family planning project involved will--
``(1) distribute only those condoms meeting current
requirements for quality control and labeling, and any
subsequently developed standards, established by the Food and
Drug Administration for the prevention of pregnancy and the
prevention of the transmission of sexually transmitted
diseases; and
``(2) advise individuals of the benefits of the proper use
of condoms, of the extent of risk that still exists with condom
usage, and of the fact that condoms currently available do not
completely eliminate the risk of pregnancy or the transmission
of sexually transmitted diseases.''.
(d) Authorization of Appropriations.--Section 1001(f) of the Public
Health Service Act, as redesignated by subsection (a) of this section,
is amended to read as follows:
``(f) For the purpose of grants and contracts under this section,
there are authorized to be appropriated $220,000,000 for fiscal year
1994, and $250,000,000 for fiscal year 1995.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING GRANTS AND
CONTRACTS.
Section 1003(b) of the Public Health Service Act (42 U.S.C. 300a-
1(b)) is amended to read as follows:
``(b) For the purpose of grants and contracts under subsection (a),
there are authorized to be appropriated $6,250,000 for fiscal year
1994, and $7,000,000 for fiscal year 1995.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INFORMATIONAL AND
EDUCATIONAL MATERIALS.
Section 1005(b) of the Public Health Service Act (42 U.S.C. 300a-
3(b)) is amended to read as follows:
``(b) For the purpose of grants and contracts under subsection (a),
there are authorized to be appropriated $12,000,000 for fiscal year
1994, and $13,500,000 for fiscal year 1995.''.
SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
(a) Sense of Congress Regarding Purchase of American-Made Equipment
and Products.--In the case of any equipment or products that may be
authorized in title X of the Public Health Service Act to be purchased
with an award of a grant or contract under such title, it is the sense
of the Congress that entities receiving such an award should in
expending the award purchase only American-made equipment and products.
(b) Notice to Recipients of Awards.--In making awards of grants and
contracts under title X of the Public Health Service Act, the Secretary
of Health and Human Services shall provide to each recipient of such an
award a notice describing the statement made in subsection (a) by the
Congress.
SEC. 6. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect upon the
date of the enactment of this Act.
Passed the House of Representatives March 25, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Family Planning Amendments Act of 1993 - Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy. Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider. Requires recipients to: (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks. Authorizes appropriations. Authorizes appropriations for grants and contracts concerning: (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth. Declares the sense of the Congress regarding buying American with financial assistance under title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act. | {"src": "billsum_train", "title": "Family Planning Amendments Act of 1993"} | 1,401 | 211 | 0.531144 | 1.511687 | 0.871236 | 2.69898 | 6.438776 | 0.862245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in our Human Resources Act
of 2008''.
SEC. 2. BLOCK GRANTS TO STATES FOR TRANSITIONAL ASSISTANCE.
The Social Security Act is amended by adding at the end the
following new title:
``TITLE XXII--BLOCK GRANTS TO STATES FOR TRANSITIONAL ASSISTANCE
``SEC. 2201. TRANSITIONAL ASSISTANCE TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the ``Transitional
Assistance Trust Fund'', consisting of such amounts as may be
appropriated or credited to the Transitional Assistance Trust Fund as
provided in this section.
``(b) Transfer to Transitional Assistance Trust Fund of Amounts
Equivalent to Certain Taxes.--
``(1) In general.--There are hereby appropriated to the
Transitional Assistance Trust Fund, out of any money in the
Treasury not otherwise appropriated, amounts equivalent to the
taxes received in the Treasury after September 30, 2009, that
the Secretary of the Treasury determines are attributable to
Internet gambling.
``(2) Method of transfer.--The amounts appropriated by
paragraph (1) shall be transferred from time to time from the
general fund in the Treasury to the Transitional Assistance
Trust Fund. Such amounts shall be determined on the basis of
estimates by the Secretary of the Treasury of the taxes,
specified in paragraph (1) of this subsection, paid to or
deposited into the Treasury. Proper adjustments shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or were less than the taxes
specified in paragraph (1) of this subsection.
``(c) Investment.--
``(1) In general.--It shall be the duty of the Secretary of
the Treasury to invest such portion of the Transitional
Assistance Trust Fund as is not, in his judgment, required to
meet current withdrawals. Such investments may be made only in
interest-bearing obligations of the United States. For such
purpose, such obligations may be acquired--
``(A) on original issue at the issue price; or
``(B) by purchase of outstanding obligations at the
market price.
``(2) Sale of obligations.--Any obligation acquired by the
Transitional Assistance Trust Fund may be sold by the Secretary
of the Treasury at the market price.
``(3) Interest on certain proceeds.--The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Transitional Assistance Trust Fund shall be
credited to and form a part of the Transitional Assistance
Trust Fund.
``(d) Expenditures From Transitional Assistance Trust Fund.--
Amounts in the Transitional Assistance Trust Fund shall be available,
as provided by appropriation Acts, for making expenditures--
``(1) to carry out section 2202; and
``(2) to carry out the Safe Internet Gambling Practices
Program established under section 3 of the Investing in our
Human Resources Act of 2008.
``SEC. 2202. TRANSITIONAL ASSISTANCE GRANT PROGRAM.
``(a) In General.--Each State shall be entitled to a payment under
this section for each fiscal year in an amount equal to its allotment
for such fiscal year, to be used by such State to carry out the State's
plan for transitional assistance described in subsection (c), subject
to the requirements of this section.
``(b) Plan Approval Required.--No State may receive a payment under
this section unless the State submits the State's plan for transitional
assistance described in subsection (c) to the Secretary and the
Secretary approves such plan.
``(c) State Plan for Transitional Assistance.--A State plan for
transitional assistance is described by this subsection if the plan--
``(1) provides for expanded education opportunities for
individuals who are, or were formerly, in foster care,
including streamlining and coordinating education financing
opportunities and providing counseling and assistance to such
individuals for the purpose of ensuring completion of their
academic goals;
``(2) provides for job training opportunities for
individuals who are, or were formerly, in foster care;
``(3) provides, primarily through expanding access to and
investment in community colleges, for expanded post-secondary
education and job training opportunities that lead to a
certificate, for individuals who are working in, or had worked
in, declining sectors of the economy, as defined by the
Secretary, and who want to pursue a new career in a sector of
the economy with the potential for high wages and high growth,
as defined by the Secretary; and
``(4) provides a subsidy for the use of public
transportation by--
``(A) individuals qualifying for benefits or
services under title XX, including the Federal-State
Unemployment Insurance Program; and
``(B) individuals participating in programs under
the Workforce Investment Act.
``(d) Allotment.--The allotment for a fiscal year for a State
receiving an allotment for such fiscal year shall be an amount equal
to--
``(1) the amount appropriated for such fiscal year under
subsection (f), multiplied by
``(2) the ratio by which the population of the State bears
to the population of all the States receiving an allotment for
such fiscal year as determined by the Secretary (on the basis
of the most recent data available from the Department of
Commerce).
``(e) Definitions.--For purposes of this section:
``(1) In foster care.--The term `in foster care' means,
with respect to an individual, an individual who is under the
care and placement responsibility of the State agency
responsible for administering a plan, in connection with such
individual, under part B or part E of title IV.
``(2) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(3) State.--The term `State' means the 50 States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Northern Mariana Islands.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year to the Secretary an amount from the
Transitional Assistance Trust Fund equal to 90 percent of the total
amount deposited into the Transitional Assistance Trust Fund pursuant
to section 2201 during the previous fiscal year to carry out this
section.''.
SEC. 3. SAFE INTERNET GAMBLING PRACTICES PROGRAM.
(a) In General.--The Secretary of Health and Human Services shall
establish a national program to be known as the ``Safe Internet
Gambling Practices Program''. The Safe Internet Gambling Practices
Program shall--
(1) promote responsible Internet gambling behavior; and
(2) promote the awareness of unsafe Internet gambling
practices.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for each fiscal year to the Secretary of Health and Human
Services an amount from the Transitional Assistance Trust Fund equal to
the amount deposited in the Transitional Assistance Trust Fund during
the previous fiscal year not otherwise authorized to be appropriated
under section 2202(f) of title XXII of the Social Security Act for such
year to carry out this section. | Investing in our Human Resources Act of 2008 - Amends the Social Security Act to create a new title XXII: Block Grants to States for Transitional Assistance. Creates the Transitional Assistance Trust Fund, consisting of amounts equivalent to taxes attributable to Internet gambling.
Entitles each state to a grant each fiscal year for a transitional assistance program which provides for: (1) expanded education and job training opportunities for individuals who are, or were formerly, in foster care; (2) expanded post-secondary education and job training opportunities for individuals who are working in, or had worked in, declining sectors of the economy; and (3) a subsidy for public transportation for unemployed individuals.
Directs the Secretary of Health and Human Services to establish a Safe Internet Gambling Practices Program to promote responsible Internet gambling behavior and awareness of unsafe Internet gambling practices. | {"src": "billsum_train", "title": "To amend the Social Security Act to establish a trust fund with proceeds from the taxing of internet gambling to provide opportunities to individuals who are, or were, in foster care and individuals in declining sectors of the economy."} | 1,616 | 186 | 0.521828 | 1.418502 | 0.82693 | 4.308642 | 9.185185 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voting Equipment Modernization Act
of 2001''.
SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO ELECTION ADMINISTRATION
IMPROVEMENT FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to information and returns) is amended by adding
at the end the following new part:
``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO ELECTION
ADMINISTRATION IMPROVEMENT FUND
``Sec. 6098. Designation to Election
Administration Improvement
Fund.
``SEC. 6098. DESIGNATION TO ELECTION ADMINISTRATION IMPROVEMENT FUND.
``(a) In General.--Every individual (other than a nonresident
alien) whose adjusted income tax liability for the taxable year is $1
or more may designate that $1 shall be paid over to the Election
Administration Improvement Fund in accordance with the provisions of
section 9511. In the case of a joint return of husband and wife having
an adjusted income tax liability of $2 or more, each spouse may
designate that $1 shall be paid to the fund.
``(b) Adjusted Income Tax Liability.--For purposes of subsection
(a), the term `adjusted income tax liability' means, for any individual
for any taxable year, the excess (if any) of--
``(1) the income tax liability (as defined in section
6096(b)) of the individual for the taxable year, over
``(2) any amount designated by the individual (and, in the
case of a joint return, any amount designated by the
individual's spouse) under section 6096(a) for such taxable
year.
``(c) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year--
``(1) at the time of filing the return of the tax imposed
by chapter 1 for such taxable year, or
``(2) at any other time (after the time of filing the
return of the tax imposed by chapter 1 for such taxable year)
specified in regulations prescribed by the Secretary.
Such designation shall be made in such manner as the Secretary
prescribes by regulations except that, if such designation is made at
the time of filing the return of the tax imposed by chapter 1 for such
taxable year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.
``(d) Termination.--Designations may be made under this section for
taxable years beginning after December 31, 2001, and ending before
January 1, 2004.''
(b) Election Administration Improvement Fund.--Subchapter A of
chapter 98 of such Code (relating to establishment of trust funds) is
amended by adding at the end the following new section:
``SEC. 9511. ELECTION ADMINISTRATION IMPROVEMENT FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Election
Administration Improvement Fund', consisting of such amounts as may be
appropriated or credited to such fund as provided in this section or
section 9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Election Administration Improvement Fund amounts equivalent to the
amounts designated under section 6098.
``(c) Expenditures.--Amounts in the Election Administration
Improvement Fund shall be available, as provided in appropriation Acts,
for purposes of making payments to States under subsection (d), to the
extent that such amounts exceed the aggregate of all Federal
administrative costs attributable to the implementation of section
6098, subsections (a) and (b) of this section, and (with respect to
such fund) section 9602.
``(d) Payments to States.--
``(1) In general.--From the amounts available pursuant to
subsection (c) for a fiscal year, the Federal Election
Commission shall make a payment to each State for carrying out
activities to improve the administration of elections for
Federal office, including the purchase and maintenance of
improved voting equipment and technology, in accordance with
such criteria as the Commission may establish by regulation.
``(2) Amount of payment.--The amount of the payment made to
a State for a fiscal year under this subsection shall be equal
to the product of--
``(A) the total amount available for payments under
this subsection for the fiscal year; and
``(B) the amount (expressed as a percentage) equal
to the population of the State divided by the total
population of all States.
``(3) State defined.--In this subsection, the term `State'
means each of the several States and the District of
Columbia.''
(c) Clerical Amendments.--
(1) The table of parts for subchapter A of chapter 61 of
such Code is amended by adding at the end the following new
item:
``Part IX. Designation of income tax
payments to Election
Administration Improvement
Fund.''
(2) The table of sections for subchapter A of chapter 98 of
such Code is amended by adding at the end the following new
item:
``Sec. 9511. Election Administration
Improvement Fund.''
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Voting Equipment Modernization Act of 2001 - Amends the Internal Revenue Code to permit, for a two year period, taxpayers to check-off one dollar to be paid into the Election Administration Improvement Fund (established by this Act) which shall provide funding to States for carrying out activities to improve the administration of elections for Federal office, including the purchase and maintenance of improved voting equipment and technology. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to establish a temporary checkoff on income tax returns to provide funding to States for improving the administration of elections for Federal office."} | 1,235 | 83 | 0.459839 | 1.138876 | 0.363499 | 3.493333 | 14.626667 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhancing Flexibility for Effective
Schools Act''.
SEC. 2. REFERENCES.
Except as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or a
repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 3. ADEQUATE YEARLY PROGRESS.
(a) Accountability.--Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is
amended--
(1) in subparagraph (I)(ii)--
(A) by striking ``95 percent'' the first place the
term appears and inserting ``90 percent (which
percentage shall be based on criteria established by
the State in the State plan)''; and
(B) by striking ``95 percent'' the second place the
term appears and inserting ``90 percent'';
(2) by redesignating subparagraph (K) as subparagraph (N);
and
(3) by inserting, after subparagraph (J), the following:
``(K) Single count of students.--In meeting the
definition of adequate yearly progress under
subparagraph (C), a student who may be counted in 2 or
more groups described in subparagraph (C)(v)(II), may
be counted as an equal fraction of 1 for each such
group.
``(L) Students with disabilities requiring
alternate assessments.--Notwithstanding any other
provision of this part, a State may implement the
amendments made to part 200 of title 34, Code of
Federal Regulations on December 9, 2003 (68 Fed. Reg.
68698) (related to achievement of students with
significant cognitive disabilities), as if such
amendments--
``(i) permitted the proficient or advanced
scores on alternate assessments of not more
than 3.0 percent of all tested students to be
considered as proficient or advanced,
respectively, for the purposes of determining
adequate yearly progress, except that--
``(I) any assessment given to any
such so considered student for the
purposes of determining such adequate
yearly progress shall be required by
the individualized education program of
such so considered student;
``(II) the individualized education
program shall reflect the need for any
such alternate assessment based on the
evaluation of such so considered
student and the services provided such
so considered student under section 614
of the Individuals with Disabilities
Education Act; and
``(III) the individualized
education program shall include written
consent from the parent of such so
considered student prior to such
alternate assessment being
administered;
``(ii) used the term `students requiring
alternate assessments' in lieu of the term
`students with the most significant cognitive
disabilities'; and
``(iii) permitted the eligibility, of such
so considered students to have the students'
scores of proficient or advanced on alternate
assessments counted as proficient or advanced
for purposes of determining adequate yearly
progress, to be determined by the State
educational agency, except that such
eligibility shall, at a minimum, include--
``(I) such so considered students
who are receiving services pursuant to
a plan required under section 504 of
the Rehabilitation Act of 1973;
``(II) the students described in
subclause (I) who are assessed at a
grade level below the grade level in
which the students are enrolled (out of
level assessments); and
``(III) the students described in
subclause (I) who are considered
students with the most significant
cognitive disabilities, as defined by
the State educational agency, on the
day before the date of enactment of the
Enhancing Flexibility for Effective
Schools Act.
``(M) Other measures of adequate yearly progress.--
Notwithstanding any other provision of this paragraph,
a State may establish in the State plan an alternative
definition of adequate yearly progress, subject to
approval by the Secretary under subsection (e). Such
alternative definition may--
``(i) include measures of student
achievement over a period of time (such as a
growth model or value added accountability
system) or the progress of some or all of the
groups of students described in subparagraph
(C)(v) to the next higher level of achievement
described in subparagraph (II) or (III) of
paragraph (1)(D)(ii) as a factor in determining
whether a school, local educational agency, or
State has made adequate yearly progress, as
described in this paragraph; or
``(ii) use the measures of achievement or
the progress of groups described in clause (i)
as the sole basis for determining whether the
State, or a local educational agency or school
within the State, has made adequate yearly
progress, if--
``(I) the primary goal of such
definition is that all students in each
group described in subparagraph (C)(v)
meet or exceed the proficient level of
academic achievement, established by
the State, not later than 12 years
after the end of the 2001-2002 school
year; and
``(II) such definition includes
intermediate goals, as required under
subparagraph (H).''.
(b) Assessments.--Section 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C))
is amended--
(1) in clause (ix), by striking subclause (III) and
inserting the following:
``(III) the inclusion of limited
English proficient students, who--
``(aa) may, consistent with
paragraph (2)(M), be assessed,
as determined by the local
educational agency, through the
use of an assessment which
requires achievement of
specific gains for up to 3
school years from the first
year the student is assessed
for the purposes of this
subsection;
``(bb) may, at the option
of the State educational
agency, be assessed in the
first year the student attends
school in the United States
(not including the Commonwealth
of Puerto Rico); and
``(cc) shall not be
included in any calculation of
an adequate yearly progress
determination when the student
is in the first year of
attendance at a school in the
United States (not including
the Commonwealth of Puerto
Rico).''; and
(2) in clause (x), by inserting ``of clause (ix)'' after
``subclause (III)''.
(c) Regulations Affecting Limited English Proficient Children and
Children With Disabilities.--Section 1111 (20 U.S.C. 6311) is amended
by adding at the end the following:
``(n) Codification of Regulations Affecting Limited English
Proficient Children.--Notwithstanding any other provision of this part,
this part shall be implemented consistent with the amendments proposed
to part 200 of title 34 of the Code of Federal Regulations on June 24,
2004 (69 Fed. Reg. 35462) (relating to the assessment of limited
English proficient children and the inclusion of limited English
proficient children in subgroups), as if such amendments permitted
students who were previously identified as limited English proficient
to be included in the group described in subsection
(b)(2)(C)(v)(II)(dd) for 3 additional years, as determined by a local
educational agency (based on the individual needs of a child) for the
purposes of determining adequate yearly progress.''.
SEC. 4. SCHOOL IMPROVEMENT AND PUBLIC SCHOOL CHOICE.
Section 1116(b) (20 U.S.C. 6316(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``(in the
same subject for the same group of students, as
described in section 1111(b)(2)(C)(v))'' after ``2
consecutive years'';
(B) in subparagraph (E)(i)--
(i) by striking ``In the case'' and
inserting ``Except as provided in subparagraph
(G), in the case''; and
(ii) by striking ``all students enrolled in
the school with the option to transfer to
another public school'' and inserting
``students who failed to meet the proficient
level of achievement on the assessments
described in section 1111(b)(3), are enrolled
in the school, and are in the group whose
academic performance caused the identification
under this paragraph, with the option to
transfer to one other public school identified
by and''; and
(C) by adding at the end the following:
``(G) Options.--A local educational agency may
offer supplemental educational services as described in
subsection (e) in place of the option to transfer to
another public school described in subparagraph (E),
for the first school year a school is identified for
improvement under this paragraph.'';
(2) in the matter preceding subparagraph (A) of paragraph
(5), by inserting ``for the same group of students'' after
``adequate yearly progress''; and
(3) in the matter preceding clause (i) of paragraph (7)(C),
by inserting ``for the same group of students'' after
``adequate yearly progress''.
SEC. 5. SUPPLEMENTAL EDUCATIONAL SERVICES.
Section 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amended--
(1) in subparagraph (B), by inserting ``(developed through
consultation with local educational agencies in the State)''
after ``objective criteria'';
(2) in subparagraph (D), by striking ``and'' after the
semicolon;
(3) in subparagraph (E), by striking the period and
inserting at the end ``; and''; and
(4) by adding at the end the following:
``(F) develop procedures by which a local
educational agency may--
``(i) present complaints, and documentation
of such complaints, to the State educational
agency regarding the qualification, operation,
and evaluation--
``(I) of approved providers; and
``(II) providers of supplemental
educational services seeking to become
approved providers under this
subsection; and
``(ii) demonstrate to the State educational
agency that a provider of supplemental
educational services should not be approved to
provide supplemental educational services under
this subsection to any students attending the
schools served by the local educational
agency.''.
SEC. 6. FLEXIBILITY FOR SPECIAL EDUCATION MIDDLE OR SECONDARY SCHOOL
TEACHERS.
Section 9101(23)(B)(ii) (20 U.S.C. 7801(23)(B)(ii)) is amended--
(1) in subclause (I), by striking ``or'' after the
semicolon;
(2) in subclause (II), by striking ``; and'' and inserting
``; or''; and
(3) by adding at the end the following:
``(III) in the case of a special
education teacher, obtaining a State
special education certificate that
qualifies the teacher to teach special
education in the State; and''. | Enhancing Flexibility for Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 to alter requirements for adequate yearly progress (AYP) assessments of student groups by: (1) lowering, from 95% to 90%, the minimum percentage of students in each group in a school that must take such assessments; (2) allowing the fractional counting of students who are in more than one group, for each such group; (3) allowing states to treat as proficient or advanced specified scores on alternate assessments for disabled students and those not proficient in English; and (4) allowing states to use alternative methods of defining AYP.
Revises criteria for local educational agency (LEA) identification of schools needing improvement. Declares that only those meet such criteria that fail AYP standards, for two consecutive school years (as under current law), in the same subject for the same group of students.
Revises eligibility criteria for school transfers after a school is identified as needing improvement. Declares that only failing students in the failing group, instead of all students in such a school, may transfer. Allows such schools to provide students with supplemental services rather than transfers during that school year.
Requires states to develop procedures allowing LEAs to register complaints concerning approved supplemental service providers or those seeking the state's approval.
Considers new middle or secondary school special education teachers to be highly qualified if, in addition to having a bachelor degree and high competence in their subject area, they have obtained a state special education certificate qualifying them to teach in the state. | {"src": "billsum_train", "title": "A bill to improve the amendments made by the No Child Left Behind Act of 2001."} | 2,490 | 334 | 0.496631 | 1.469377 | 0.763423 | 1.68 | 7.603333 | 0.773333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Sports Integrity Act''.
TITLE I--PERFORMANCE ENHANCING DRUGS
SEC. 101. SHORT TITLE.
This Title may be cited as ``Athletic Performance-Enhancing Drugs
Research and Detection Act''.
SEC. 102. RESEARCH AND DETECTION PROGRAM ESTABLISHED.
(a) In General.--The Director of the National Institute of
Standards and Technology shall establish and administer a program under
this title to support research into the use of performance-enhancing
substances by athletes, and methods of detecting their use.
(b) Grants.--
(1) In general.--The program shall include grants of
financial assistance, awarded on a competition basis, to
support the advancement and improvement of research into the
use of performance-enhancing substances by athletes, and
methods of detecting their use.
(2) Banned substances.--In carrying out the program the
Director shall consider research proposals involving
performance-enhancing substances banned from use by competitors
in events sanctioned by organizations, such as the
International Olympic Committee, the United States Olympic
Committee, the National Collegiate Athletic Association, the
National Football League, the National Basketball Association,
and Major League Baseball.
(3) Research concentration.--In carrying out the program,
the Director shall--
(A) fund research on the detection of naturally-
occurring steroids, such as testosterone, and other
testosterone precursors (e.g., androstendione), and
other substances, such as human growth hormone and
erythropoietin for which no tests are available but for
which there is evidence of abuse or abuse potential;
(B) fund research that focuses on population
studies to ensure that tests are accurate for men,
women, all relevant age, and major ethnic groups; and
(C) not fund research on drugs of abuse, such as
cocaine, phencyclidine, marijuana, morphine/codeine,
benzodiazepines, barbiturates, and methamphetamine/
amphetamine.
(c) Technical and Scientific Peer Review.--
(1) In general.--The Director shall establish appropriate
technical and scientific peer review procedures for evaluating
applications for grants under the program.
(2) Implementation.--The Director shall--
(A) ensure that grant applicants meet a set of
minimum criteria before receiving consideration for an
award under the program;
(B) give preference to laboratories with an
established record of athletic drug testing analysis;
and
(C) establish a minimum individual grant award of
not less than $500,000 per fiscal year.
(3) Criteria.--The list of minimum criteria shall include
requirements that each applicant--
(A) demonstrate a record of publication and
research in the area of drug testing;
(B) provide a plan detailing the direct
transference of the research findings to lab
applications in athletic drug testing; and
(C) certify that it is a not-for-profit research
program.
(4) Results.--The Director also shall establish appropriate
technical and scientific peer review procedures for evaluating
the results of research funded, in part or in whole, by grants
provided under the program. Each review conducted under this
paragraph shall include a written report of findings and, if
appropriate, recommendations prepared by the reviewer. The
reviewer shall provide a copy of the report to the Director
within 30 days after the conclusion of the review.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Institute of Standards and
Technology $4,000,000 per fiscal year to carry out this section for
fiscal years 2004, 2005, 2006, 2007, and 2008.
SEC. 103. PREVENTION AND INTERVENTION PROGRAMS.
(a) In General.--The Director of the National Institute of
Standards and Technology shall develop a grant program to fund
educational substance abuse prevention and intervention programs
related to the use of performance-enhancing substances described in
section 102(b)(2) by high school and college student athletes. The
Director shall establish a set of minimum criteria for applicants to
receive consideration for an award under the program. The list of
minimum criteria shall include requirements that each applicant--
(1) propose an intervention and prevention program based on
methodologically sound evaluation with evidence of drug
prevention efficacy; and
(2) demonstrate a record of publication and research in the
area of athletic drug use prevention.
(b) Minimum Grant Award.--The Director shall establish a minimum
individual grant award of not less than $300,000 per fiscal year.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the National Institute of Standards and
Technology $3,000,000 per fiscal year to carry out this section for
fiscal years 2004, 2005, 2006, 2007, and 2008.
TITLE II--GAMBLING
SEC. 201. PROHIBITION ON GAMBLING ON COMPETITIVE GAMES INVOLVING HIGH
SCHOOL AND COLLEGE ATHLETES AND THE OLYMPICS.
(a) In General.--The Ted Stevens Olympic and Amateur Sports Act
(chapter 2205 of title 36, United States Code) is amended by adding at
the end the following new subchapter:
``SUBCHAPTER III--MISCELLANEOUS
``Sec. 220541. Unlawful sports gambling: Olympics; high school and
college athletes
``(a) Prohibition.--It shall be unlawful for--
``(1) a governmental entity to sponsor, operate, advertise,
promote, license, or authorize by law or compact, or
``(2) a person to sponsor, operate, advertise, or promote,
pursuant to law or compact of a governmental entity,
a lottery, sweepstakes, or other betting, gambling, or wagering scheme
based, directly or indirectly, on a competitive game or performance
described in subsection (b).
``(b) Covered Games and Performances.--A competitive game or
performance described in this subsection is the following:
``(1) One or more competitive games at the Summer or Winter
Olympics.
``(2) One or more competitive games in which high school or
college athletes participate.
``(3) One or more performances of high school or college
athletes in a competitive game.
``(c) Applicability.--The prohibition in subsection (a) applies to
activity described in that subsection without regard to whether the
activity would otherwise be permitted under subsection (a) or (b) of
3704 of title 28.
``(d) Injunctions.--A civil action to enjoin a violation of
subsection (a) may be commenced in an appropriate district court of the
United States by the Attorney General of the United States, a local
educational agency, college, or sports organization, including an
amateur sports organization or the corporation, whose competitive game
is alleged to be the basis of such violation.
``(e) Definitions.--In this section:
``(1) High school.--The term `high school' has the meaning
given the term `secondary school' in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
``(2) College.--The term `college' has the meaning given
the term `institution of higher education' in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 8801).
``(3) Local educational agency.--The term `local
educational agency' has the meaning given that term in section
14101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8801).''.
(b) Clerical Amendment.--The table of sections at the beginning of
that Act (chapter 2205 of title 36, United States Code) is amended by
adding at the end the following:
``subchapter iii--miscellaneous
``220541. Unlawful sports gambling: Olympics; high school and college
athletes.''. | Amateur Sports Integrity Act - Athletic Performance-Enhancing Drugs Research and Detection Act - Requires the Director of the National Institute of Standards and Technology to: (1) establish a program to support research into the use of performance-enhancing substances by athletes and methods of detecting their use; (2) consider research proposals involving performance-enhancing substances banned from use by competitors in events sanctioned by professional and collegiate sports organizations; (3) fund research on the detection of naturally-occurring steroids, other testosterone precursors, and other substances for which no tests are available but for which there is evidence of abuse or abuse potential; (4) fund research that focuses on population studies to ensure that tests are accurate for men, women, all relevant ages, and major ethnic groups; (5) not fund research on drugs of abuse; and (6) develop a grant program to fund educational substance abuse prevention and intervention programs related to the use of such banned performance-enhancing substances by high school and college student athletes.Amends the Ted Stevens Olympic and Amateur Sports Act to make it unlawful to sponsor, operate, advertise, promote, license, or authorize a betting, gambling, or wagering scheme based on a competitive game at the Summer or Winter Olympics or in which high school or college athletes participate. | {"src": "billsum_train", "title": "A bill to direct the National Institute of Standards and Technology to establish a program to support research and training in methods of detecting the use of performance-enhancing drugs by athletes, and for other purposes."} | 1,759 | 276 | 0.633362 | 1.890959 | 0.963962 | 5.438247 | 6.187251 | 0.968127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Financial Crisis
Accountability Act of 2009''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Financial Crisis Accountability'' (hereafter in this Act referred to
as the ``Commission'').
SEC. 3. DUTIES.
(a) In General.--The Commission shall conduct a study of the
financial system in the United States. In conducting such study, the
Commission shall examine the current financial crisis, its causes and
its impact on the Federal deficit and tax revenues, including--
(1) regulation and transparency,
(2) fraud and abuse,
(3) the fairness and equity of the tax treatments of
financial products and arrangements, and
(4) the role of any and all participants in the financial
services industry that the Commission deems necessary,
including--
(A) government agencies, including the Department
of Housing and Urban Development, Department of
Treasury, the Securities and Exchange Commission, and
any other agency the Commission considers necessary,
(B) government-sponsored entities, including the
Federal National Mortgage Association and the Federal
Home Loan Mortgage Corporation,
(C) the Board of Governors of the Federal Reserve
System, and its banks and leadership,
(D) the executive, legislative and judicial
branches of government,
(E) credit rating agencies, and
(F) the Federal Deposit Insurance Corporation and
the Commodities Futures Trading Corporation.
(b) Report.--The Commission shall prepare a report to the Congress
on its findings pursuant to the study conducted under subsection (a).
Such report shall include a detailed statement of the findings,
conclusions, and recommendations of the Commission and shall address
the following:
(1) The causes of the current financial crisis and how this
kind of crisis can be avoided in the future.
(2) The stage the current financial crisis is in and what
can be expected in subsequent stages.
(3) The impact of the current financial crisis on Federal
revenues.
(4) The extent to which the financial regulatory structure
should be restructured.
(5) The tax treatment of financial products and
arrangements and how to make them more fair and equitable.
(c) Shareholder Bill of Rights.--The Commission shall also make
recommendations for investors bill of rights, which shall include
necessary protections, as determined by the Commission, to prevent
shareholders from being deprived of their rights and their savings.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 10
members appointed as follows:
(1) 3 members shall be appointed by the majority leader of
the Senate.
(2) 3 members shall be appointed by the Speaker of the
House of Representatives.
(3) 2 members shall be appointed by the minority leader of
the Senate.
(4) 2 members shall be appointed by the minority leader of
the House of Representatives.
(b) Qualifications.--The members shall have knowledge and expertise
in matters to be studied by the Commission, except that the members
shall not have a conflict of interest with any matter the Commission is
required to review under section 3.
(c) Terms.--Members shall be appointed for the life of the
Commission.
(d) Vacancies.--Any vacancy in the Commission shall be filled in
the same manner as the original appointment.
(e) Chair.--The Chair of the Commission shall be designated by the
Speaker of the House of Representatives, after consulting with the
majority leader of the Senate and the minority leaders of the House of
Representatives and the Senate.
(f) Deadline for Appointment.--The appointments of the members of
the Commission shall be made no later than 30 days after the date of
enactment of this Act.
(g) Basic Pay.--
(1) Rates of pay.--Except as provided in paragraph (2),
members shall each be paid at a rate not to exceed the rate of
basic pay for level IV of the Executive Schedule for each day
(including travel time) during which they are engaged in the
actual performance of duties vested in the Commission.
(2) Prohibition of compensation of federal employees.--
Members of the Commission who are full-time officers or
employees of the United States may not receive additional pay,
allowances, or benefits by reason of their service on the
Commission.
(h) 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.
(i) Retired Annuitants.--A member of the Commission who is an
annuitant otherwise covered by section 8344 or section 8468 of title 5,
United States Code, shall not be subject to the provisions of that
section with respect to membership on the Commission by reason of
membership on the Commission.
(j) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
(k) Meetings.--
(1) First meeting.--The Commission shall hold its first
meeting on a date designated by the Speaker of the House of
Representatives which is not later than 30 days after the date
on which all members have been appointed.
(2) Subsequent meetings.--After the first meeting, the
Commission shall meet upon the call of the Chair.
SEC. 5. STAFF OF COMMISSION.
(a) Director.--The Commission shall have a Director who shall be
appointed by the Chair. The Director shall be paid a rate not to exceed
the maximum rate of basic pay for GS-15 of the General Schedule.
(b) Additional Staff.--In addition to the Director, the Chair may
appoint and fix the pay of up to 3 staff members, except that any staff
member appointed under this subsection shall not be paid at a rate to
exceed the maximum rate of basic pay for GS-15 of the General Schedule.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
(d) Staff of Federal Agencies.--Upon the request of the Chair of
the Commission, the head of any Federal department or agency may
detail, without reimbursement, any of the personnel of that department
or agency to the Commission to assist in carrying out its duties under
this Act.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any agency of the United States information necessary to enable it
to carry out this Act. Upon the request of the Chair of the Commission,
the head of that department or agency shall furnish that information to
the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
SEC. 7. REPORT.
The Commission shall transmit the report required by section 3 to
the President and Congress not later than 90 days after the date on
which the members of the Commission are first appointed.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after the date on which the
Commission submits its final report to the President and Congress 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. | Commission on Financial Crisis Accountability Act of 2009 - Establishes the Commission on Financial Crisis Accountability to study and report to Congress on the U.S. financial system. Requires the Commission to examine the current financial crisis, its causes, and its impact on the federal deficit and tax revenues. | {"src": "billsum_train", "title": "To establish a commission on the tax and fiscal implications of the regulation of financial products and arrangements and to study the current financial crisis, its causes and impact on the Federal deficit and tax revenues."} | 1,780 | 64 | 0.576203 | 1.428041 | 1.280869 | 4.173077 | 32.519231 | 0.942308 |
SECTION 1. CREDIT FOR NON-CLINICAL TESTING EXPENSES FOR NEGLECTED
DISEASE TREATMENTS.
(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. 45R. NON-CLINICAL TESTING EXPENSES FOR NEGLECTED DISEASE
TREATMENTS.
``(a) In General.--For purposes of section 38, the credit
determined under this section for the taxable year is an amount equal
to 50 percent of the qualified non-clinical research expenses for the
taxable year.
``(b) Qualified Non-clinical Research Expenses.--
``(1) In general.--For purposes of this section, the term
`qualified non-clinical research expenses' means the amounts
which are paid or incurred by the taxpayer during the taxable
year which would be described in subsection (b) of section 41
if such subsection were applied with the modifications set
forth in paragraph (2).
``(2) Modifications.--For purposes of paragraph (1),
subsection (b) of section 41 shall be applied by substituting
`non-clinical research' for `qualified research' each place it
appears in paragraphs (2) and (3) of such subsection.
``(3) Donation of rights to treatment required.--No credit
shall be allowed under this section with respect to qualified
non-clinical research expenses for a taxable year unless--
``(A) during such taxable year, or in a previous
taxable year, the taxpayer has made a charitable
contribution of a license for the treatment with
respect to which such qualified non-clinical research
expenses were paid or incurred and either--
``(i) the charitable contribution has the
same meaning as defined in section 170(c) and
such charitable contribution is made to a
charitable organization where the charitable
organization licensee researches, develops, or
administers treatments for neglected conditions
or diseases, or
``(ii) the charitable contribution is made
to a foreign government or any subdivision or
organization owned by the foregoing, but only
if the contribution is made for exclusively
public purposes,
``(B) the only commercial rights retained by the
taxpayer with respect to such treatment are for an
indication which is not a neglected condition or
disease, and
``(C) no deduction has been allowed under any
provision of this title with respect to such
contribution.
``(c) Definition and Special Rules.--For purposes of this section--
``(1) Non-clinical research.--The term `non-clinical
research' means any research relating to the development of a
treatment for a neglected disease or condition to the extent
such research is not human clinical testing with respect to
such treatment.
``(2) Neglected disease or condition.--The term `neglected
disease or condition' means any of the following:
``(A) African trypanosomiasis.
``(B) Dengue fever.
``(C) Leishmaniasis.
``(D) Malaria.
``(E) Schistosomiasis.
``(F) Tuberculosis.
``(G) Chagas disease.
``(H) Leprosy.
``(I) Lymphatic filariasis.
``(J) Onchocerciasis.
``(K) Lassa Fever.
``(L) Soil Transmitted Helminthiasis.
``(M) Trachoma.
``(N) Yaws.
``(O) Dracunculiasis.
``(P) Cholera.
``(Q) Buruli Ulcer.
``(R) Any other infectious disease for which there
is no significant market in developed nations and
disproportionately affects poor and marginalized
populations as determined and designated by regulation
by the Secretary of the Treasury in consultation with
the Secretary of Health and Human Services.
``(3) Certain rules made applicable.--Rules similar to the
rules of paragraphs (1) and (2) of section 41(f), paragraph (4)
of section 41(d), and subsections (b)(1)(C) and (c) of section
45C shall apply for purposes of this section.
``(4) Treatment as trade or business expense.--For purposes
of this section and section 174 whether a qualified non-
clinical research expense (determined after the application of
this paragraph) is paid or incurred in connection with the
taxpayer's trade or business shall be determined without regard
to any contribution of licensing rights described in subsection
(b)(3).
``(5) Expenses for which credits are allowable.--For
purposes of this section, the limitations under section 280C
are not applicable for purposes of determining whether an
expense is deductible or chargeable to a capital account.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to current year business credit)
is amended by striking ``plus'' at the end of paragraph (34), by
striking the period at the end of paragraph (35) and inserting ``,
plus'', and by adding at the end the following new paragraph:
``(36) the neglected disease credit determined under
section 45R.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the such Code is amended by
adding at the end the following new item:
``Sec. 45R. Non-clinical testing expenses for neglected disease
treatments.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Amends the Internal Revenue Code to allow a tax credit for 50% of the non-clinical research expenses for certain infectious diseases or conditions for which there is no significant market in developed nations and which disproportionately affect poor and marginalized populations. Requires any taxpayer who claims this tax credit to donate to a charitable organization or foreign government for public purposes the rights to any license for treatment of such diseases. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit against tax for expenses paid or incurred in non-clinical research for neglected diseases."} | 1,302 | 87 | 0.536048 | 1.361322 | 1.04483 | 2.578947 | 15.157895 | 0.868421 |
SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM.
(a) Production Certificates.--The additional U.S. Note 5(h) to
chapter 91 of the Harmonized Tariff Schedule of the United States is
amended--
(1) by amending subparagraphs (i) and (ii) to read as
follows:
``(i) In the case of each calendar quarter beginning after January 1,
2002, and before January 1, 2016, the Secretaries jointly,
shall:
``(A) verify for the preceding calendar quarter both the wages
paid by each producer to permanent residents of the
insular possessions (including the value of any fringe
benefits) and the total quantity and value of watches
produced in the insular possessions and imported into
the customs territory of the United States; and
``(B) issue to each producer (not later than 30 days after the
end of the calendar quarter) a certificate for the
applicable amount.
``(ii) For purposes of subparagraph (i), except as provided in
subparagraphs (iii) and (iv), the term `applicable amount'
means an amount equal to the sum of:
``(A) 90 percent of the producer's creditable wages (including
the value of any fringe benefits) on watch assembly
during the preceding calendar quarter (but only the
first 300,000 units per calendar year); plus
``(B) the applicable graduated declining percentage (determined
each year by the Secretaries) of the producer's
creditable wages (including the value of any fringe
benefits) on the assembly during the preceding calendar
quarter for units in excess of 300,000 that calendar
year, but not in excess of 750,000 that calendar year;
plus
``(C) the difference between the duties that would have been
due on the producer's watches (excluding digital
watches) imported into the customs territory of the
United States during the preceding quarter if they had
been imported from a country eligible for normal trade
relations subject to duty at the rates set forth in
column 1 under this chapter that were in effect on
January 1, 2001, and the duties that would have been
due on those watches if they had been imported from the
same country under the tariffs in effect for the
preceding calendar quarter.''; and
(2) by amending subparagraph (v) to read as follows:
``(v)(A) Any certificate issued under subparagraph (i) shall entitle
the certificate holder to secure the refund of duties equal to
the face value of the certificate on watches, watch movements
and, with the exception of discrete cases, parts therefor
imported into the customs territory of the United States by the
certificate holder. Such refunds shall be made under
regulations issued by the Treasury Department. Not more than 5
percent of such refunds may be retained as a reimbursement to
the Customs Service for the administrative costs of making the
refunds. If the Secretary of the Treasury determines that there
is an insufficient level of duties from watch and watch-related
tariffs, the Secretary may authorize refunds of duties
collected on jewelry under chapter 71 or any other duties that
the Secretary determines are appropriate.
``(B) At the election of the certificate holder and upon making the
certification described in this clause, the Secretary of the
Treasury shall pay to the holder the face value of the
certificate, less the value of (1) any duty refund claimed by
the holder under the certificate, plus (2) a discount of not
more than 2 percent of the face value of the certificate, as
determined by the Secretary of the Treasury. A certificate
holder shall not be eligible for direct payment under this
clause unless the certificate holder certifies to the
Secretaries that the funds received will be reinvested or
utilized to support and continue employment in the Virgin
Islands.
``(C) The Secretary of the Treasury is authorized to make the payments
provided for in clause (B) from duties collected on watches,
watch movements and, with the exception of discrete cases,
parts therefor. If such duties are insufficient, the Secretary
of the Treasury is authorized to make those payments from
duties collected on jewelry under chapter 71 or any other
duties that the Secretary determines are appropriate.''.
(b) Jewelry.--Additional U.S. Note to chapter 71 of the Harmonized
Tariff Schedule of the United States is amended--
(1) by redesignating paragraphs (b), (c), (d), and (e) as
paragraphs (c), (d), (e), and (f), respectively;
(2) by inserting after paragraph (a) the following new
paragraph:
``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B)
to chapter 91 shall not apply to articles of jewelry subject to
this note.''; and
(3) by striking paragraph (f), as so redesignated, and
inserting the following:
``(f) Notwithstanding any other provision of law, prior to February 9,
2004, any article of jewelry provided for in heading 7113 that
is assembled in the Virgin Islands, Guam, or American Samoa
shall be treated as a product of the Virgin Islands, Guam, or
American Samoa for purposes of this note and General Note
3(a)(iv) of this Schedule.''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall take effect on April 1, 2002,
with respect to goods imported into the customs territory of the United
States on or after January 1, 2002. | Amends the Harmonized Tariff Schedule of the United States to revise clock and watch provisions to require the Secretary of Commerce and the Secretary of the Interior, jointly, for each calendar quarter beginning after January 1, 2002, and before January 1, 2016, to: (1) verify for the preceding calendar quarter both the wages paid by each producer to permanent residents of the insular possessions (including the value of any fringe benefits) and the total quantity and value of watches produced there and imported into the U.S. customs territory; and (2) issue to each producer a certificate for the applicable amount.Directs the Secretary of the Treasury, at the election of the certificate holder, to pay to the holder the face value of the certificate, less the value of any duty refund claimed by the holder under the certificate, plus a discount of not more than two percent of the face value of the certificate as determined by the Secretary of the Treasury. | {"src": "billsum_train", "title": "To amend the Harmonized Tariff Schedule of the United States with respect to the production incentive certificate program for watch and jewelry producers in the United States Virgin Islands, Guam, and American Samoa."} | 1,191 | 196 | 0.626421 | 2.028203 | 0.858577 | 5.961538 | 6.274725 | 0.950549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arbitration Fairness Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Federal Arbitration Act (now enacted as chapter 1
of title 9 of the United States Code) was intended to apply to
disputes between commercial entities of generally similar
sophistication and bargaining power.
(2) A series of United States Supreme Court decisions have
changed the meaning of the Act so that it now extends to
disputes between parties of greatly disparate economic power,
such as consumer disputes and employment disputes. As a result,
a large and rapidly growing number of corporations are
requiring millions of consumers and employees to give up their
right to have disputes resolved by a judge or jury, and instead
submit their claims to binding arbitration.
(3) Most consumers and employees have little or no
meaningful option whether to submit their claims to
arbitration. Few people realize, or understand the importance
of the deliberately fine print that strips them of rights; and
because entire industries are adopting these clauses, people
increasingly have no choice but to accept them. They must often
give up their rights as a condition of having a job, getting
necessary medical care, buying a car, opening a bank account,
getting a credit card, and the like. Often times, they are not
even aware that they have given up their rights.
(4) Private arbitration companies are sometimes under great
pressure to devise systems that favor the corporate repeat
players who decide whether those companies will receive their
lucrative business.
(5) Mandatory arbitration undermines the development of
public law for civil rights and consumer rights, because there
is no meaningful judicial review of arbitrators' decisions.
With the knowledge that their rulings will not be seriously
examined by a court applying current law, arbitrators enjoy
near complete freedom to ignore the law and even their own
rules.
(6) Mandatory arbitration is a poor system for protecting
civil rights and consumer rights because it is not transparent.
While the American civil justice system features publicly
accountable decision makers who generally issue written
decisions that are widely available to the public, arbitration
offers none of these features.
(7) Many corporations add to their arbitration clauses
unfair provisions that deliberately tilt the systems against
individuals, including provisions that strip individuals of
substantive statutory rights, ban class actions, and force
people to arbitrate their claims hundreds of miles from their
homes. While some courts have been protective of individuals,
too many courts have upheld even egregiously unfair mandatory
arbitration clauses in deference to a supposed Federal policy
favoring arbitration over the constitutional rights of
individuals.
SEC. 3. DEFINITIONS.
Section 1 of title 9, United States Code, is amended--
(1) by amending the heading to read as follows:
``Sec. 1. Definitions'';
(2) by inserting before ```Maritime''' the following:
``As used in this chapter--'';
(3) by striking ```Maritime transactions''' and inserting
the following:
``(1) `maritime transactions';'';
(4) by striking ``commerce'' and inserting the following:
``(2) `commerce''';
(5) by striking ``, but nothing'' and all that follows
through the period at the end, and inserting a semicolon; and
(6) by adding at the end the following:
``(3) `employment dispute', as herein defined, means a
dispute between an employer and employee arising out of the
relationship of employer and employee as defined by the Fair
Labor Standards Act;
``(4) `consumer dispute', as herein defined, means a
dispute between a person other than an organization who seeks
or acquires real or personal property, services, money, or
credit for personal, family, or household purposes and the
seller or provider of such property, services, money, or
credit;
``(5) `franchise dispute', as herein defined, means a
dispute between a franchisor and franchisee arising out of or
relating to contract or agreement by which--
``(A) a franchisee is granted the right to engage
in the business of offering, selling, or distributing
goods or services under a marketing plan or system
prescribed in substantial part by a franchisor;
``(B) the operation of the franchisee's business
pursuant to such plan or system is substantially
associated with the franchisor's trademark, service
mark, trade name, logotype, advertising, or other
commercial symbol designating the franchisor or its
affiliate; and
``(C) the franchisee is required to pay, directly
or indirectly, a franchise fee; and
``(6) `pre-dispute arbitration agreement', as herein
defined, means any agreement to arbitrate disputes that had not
yet arisen at the time of the making of the agreement.''.
SEC. 4. VALIDITY AND ENFORCEABILITY.
Section 2 of title 9, United States Code, is amended--
(1) by amending the heading to read as follows:
``Sec. 2. Validity and enforceability'',
(2) by inserting ``(a)'' before ``A written'';
(3) by striking ``, save'' and all that follows through
``contract'', and inserting ``to the same extent as contracts
generally, except as otherwise provided in this title''; and
(4) by adding at the end the following:
``(b) No predispute arbitration agreement shall be valid or
enforceable if it requires arbitration of--
``(1) an employment, consumer, or franchise dispute; or
``(2) a dispute arising under any statute intended to
protect civil rights or to regulate contracts or transactions
between parties of unequal bargaining power.
``(c) An issue as to whether this chapter applies to an arbitration
agreement shall be determined by Federal law. Except as otherwise
provided in this chapter, the validity or enforceability of an
agreement to arbitrate shall be determined by the court, rather than
the arbitrator, irrespective of whether the party resisting arbitration
challenges the arbitration agreement specifically or in conjunction
with other terms of the contract containing such agreement.
``(d) Nothing in this chapter shall apply to any arbitration
provision in a collective bargaining agreement.''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of the enactment of this Act and shall apply with respect to
any dispute or claim that arises on or after such date. | Arbitration Fairness Act of 2007 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of: (1) an employment, consumer, or franchise dispute, or (2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power.
Declares, further, that the validity or enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.
Exempts arbitration provisions in collective bargaining agreements from this Act. | {"src": "billsum_train", "title": "A bill to amend chapter 1 of title 9 of United States Code with respect to arbitration."} | 1,406 | 151 | 0.397759 | 1.219456 | 0.706919 | 6.580153 | 10.610687 | 0.961832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Construction Quality Assurance Act
of 2000''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the construction industry, specialty subcontractors
now perform the majority of construction work, in certain cases
100 percent of the work, under the management of a prime
contractor, making the subcontractors' price and performance
the key determinant in the overall cost of construction
projects, including those performed for the Federal Government.
(2) Detrimental practices known as ``bid shopping'' and
``bid peddling'' exist in the construction industry, including
construction projects for the Federal Government.
(3) ``Bid shopping'' occurs when a contractor, after award
of a contract, contracts with subcontractors at a price less
than the quoted price of the subcontractor upon which the
contractor's fixed bid price was based, in order to increase
the contractor's profit on the project without any benefit to
the entity for which the contract is being performed.
(4) ``Bid peddling'' occurs when a subcontractor that is
not selected for inclusion in a contractor's team seeks to
induce the contractor, after award of the contract, to
substitute the subcontractor for another subcontractor whose
bid price was reflected in the successful bid of the contractor
by offering to reduce its price for performance of the
specified work, suggesting that the previous offer of the
subcontractor was padded or incorrect.
(5) Bid shopping and bid peddling--
(A) threaten the integrity of the competitive bid
system for construction that benefits the Federal
Government, the construction industry, and the economy
of the United States as a whole;
(B) deprive taxpayers of the benefits of full and
open competition among prospective contractors and
subcontractors for the performance of Federal
construction projects;
(C) expose Federal construction projects to the
dangers of substandard performance, substitution of
lower quality materials, and other detrimental cost-
cutting practices by an unscrupulous substituted
subcontractor; and
(D) can be effectively deterred in Federal
construction by modifying the Federal Acquisition
Regulation to require bid listing, which is the
practice of requiring each offeror for a Federal
construction contract to list the subcontractors whose
performance is reflected in the bid price, procedures
for the substitution of listed subcontractors for good
cause, and other deterrents to abuse.
SEC. 3. IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE PROCUREMENT
REGULATIONS.
(a) Proposed Revisions.--Proposed revisions to the Government-wide
Federal Acquisition Regulation to implement the provisions in this Act
shall be published not later than 120 days after the date of the
enactment of this Act and provide not less than 60 days for public
comment.
(b) Final Regulations.--Final regulations shall be published not
less than 180 days after the date of enactment of this Act and shall be
effective on the date that is 30 days after the date of publication.
SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS
ON CONSTRUCTION PROJECTS.
(a) Requirement to List Subcontractors.--
(1) In general.--(A) Each solicitation by an executive
agency for the procurement of construction in an amount in
excess of $1,000,000 shall require each bidder to submit as
part of its bid the name, location of the place of business, and nature
of the work of each subcontractor with whom the bidder, if awarded the
contract, will subcontract for work in an amount in excess of $100,000
on the contract.
(2) Requirements for specific categories.--(A) Except as
provided in subparagraphs (B) and (C), the bidder shall list
only one subcontractor for each category of work as defined by
the bidder in its bid or proposal.
(B) A bidder may list multiple subcontractors for a
category of work if each such subcontractor is listed to
perform a discreet portion of the work within a category.
(C) A bidder may list itself for any portion of work under
the contract, which shall be deemed a representation by the
bidder that it is fully qualified to perform that portion of
the work itself and that the bidder will perform that portion
itself.
(3) Result of failure to list subcontractors.--An executive
agency shall consider any bidder that fails to list
subcontractors in accordance with this Act and the regulations
promulgated pursuant to section 3 of this Act to be non
responsible.
(b) Procedures for Substitution of a Listed Subcontractor.--
(1) Consent and good cause required.--No contractor shall
substitute a subcontractor in place of the subcontractor listed
in the original bid or proposal, except with the consent of the
contracting officer for good cause.
(2) Examples of good cause.--Good cause under paragraph (1)
shall include the following:
(A) Failure of the subcontractor to execute a
written contract after a reasonable period if such
written contract, based upon the terms, conditions,
plans, and specifications of the contract and the terms
of the subcontractor's bid or proposal, is presented to
the subcontractor by the contractor.
(B) Bankruptcy of the subcontractor.
(C) The death or physical disability of the
subcontractor, if the subcontractor is an individual.
(D) Dissolution of the subcontractor, if the
subcontractor is a corporation or partnership.
(E) Failure of a subcontractor to meet the surety
bond requirements specified by the bidder as a
condition of the subcontractor to perform on the
contract, if awarded to the bidder.
(F) The subcontractor is ineligible to perform on
the subcontract because the subcontractor is suspended,
debarred, or otherwise ineligible to perform.
(G) A series of failures by the subcontractor to
perform in accordance with the specification, terms,
and conditions of its subcontract resulting in the
withholding of amounts requested by the subcontractor
in accordance with section 3905 of title 31, United
States Code, and the regulations implementing such
section.
(H) Failure of the subcontractor to comply with a
requirement of law applicable to the subcontractor.
(I) Failure or refusal of the subcontractor to
perform the subcontract.
(3) Requests for substitution.--A request of a contractor
for a substitution of a listed subcontractor shall be submitted
in writing to the contracting officer and shall include the
reasons for the request. The contractor shall provide a copy of
its request for substitution to the listed subcontractor by any
means that provides written third-party verification of
delivery to the last known address of the subcontractor. A
subcontractor who has been so notified shall have five working
days within which to submit written objections to the
substitution to the contracting officer. Failure to file such
written objections shall constitute the consent of the listed
subcontractor to the substitution.
(c) Limitation on Assignment, Transfer, or Substitution.--
(1) Limitation on assignment or transfer.--No contractor
shall permit any subcontract to be voluntarily assigned or
transferred or to be performed by any entity other than the
subcontractor listed in the bid or proposal without the consent
of the contracting officer. Consent of the contracting officer
to a contractor for a substitution shall--
(A) be promptly made in writing; and
(B) be included in the contract file.
(2) Limitation on substitution.--No contractor that listed
itself for a portion of the work under the contract shall
subcontract any portion of the work for which it listed itself,
unless authorized by the contracting officer to substitute one
or more subcontractors to perform such work.
(d) Imposition of Liquidated Damages.--
(1) In general.--(A) A contractor shall be subject to
payment of liquidated damages if, without obtaining the
approval of the contracting officer, the contractor--
(i) replaces a listed subcontractor for a contract
with an executive agency; or
(ii) awards a subcontract to a subcontractor to
perform work which the contractor had identified as
work to be performed directly by the contractor.
(B) A subcontractor shall also be subject to the payment of
liquidated damages if the subcontractor is determined to have
knowingly participated in the failure of the contractor to
comply with the regulatory provisions relating to the
substitution of a listed subcontractor.
(2) Amount of damages to be imposed.--The amount of
liquidated damages imposed under this subsection shall be equal
to the greater of--
(A) 10 percent of the amount of the bid by the
listed subcontractor;
(B) the difference between the amount of the bid by
the listed subcontractor and the amount of the bid by
the substituted subcontractor; or
(C) the difference between the amount of the bid by
a substituted subcontractor and the dollar value
specified by the contractor for the work for which the
contractor had listed for its own performance.
(e) Grounds for Suspension or Debarment.--The imposition of
liquidated damages on a contractor or subcontractor for failure to
comply with the procedures for the substitution of subcontractors on 2
contracts within a 3-year period shall be deemed to be adequate
evidence of the commission of an offense indicating a lack of business
integrity or business honesty that seriously and directly affects the
present responsibility of a Government contractor within the meaning of
part 9.4 of the Federal Acquisition Regulation (Debarment, Suspension,
and Eligibility) (49 CFR 9.4).
(f) Modification of Federal Acquisition Regulation.--The
Administrator for Federal Procurement Policy shall ensure that the
Federal Acquisition Regulation is modified, in accordance with section
25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421), to
carry out the requirements of this Act.
SEC. 5. DEFINITIONS.
In this Act--
(1) the term ``contractor'' means an entity that contracts
with an executive agency for the procurement of construction in
an amount in excess of $1,000,000; and
(2) the term ``subcontract'' means an entity that
subcontracts with such a contractor in an amount in excess of
$100,000 for work on a construction contract with an executive
agency in an amount in excess of $1,000,000. | Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit as part of such bid the name, business location, and nature of work of each subcontractor with whom such bidder, if awarded the contract, will subcontract for work in excess of $100,000. Considers as non-responsive any bidder that fails to list such subcontractors.
Outlines required procedures for the substitution of a listed subcontractor, including consent by the contracting officer for good cause shown. Outlines examples of good cause and requirements for substitution requests. Prohibits, without good cause shown, the assignment or transfer of a subcontract. Imposes damages upon a contractor for violation of substitution requirements. States that the imposition of such damages shall be grounds for the disbarment or suspension of a contractor from Federal contracts. | {"src": "billsum_train", "title": "Construction Quality Assurance Act of 2000"} | 2,289 | 188 | 0.486736 | 1.502586 | 0.79195 | 2.949367 | 12.873418 | 0.911392 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Invest in Innovative Small
Businesses Act''.
SEC. 2. ANGEL INVESTMENT TAX CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 30E. ANGEL INVESTMENT TAX CREDIT.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 25 percent of the qualified equity investments made by a
qualified investor during the taxable year.
``(b) Qualified Equity Investment.--For purposes of this section--
``(1) In general.--The term `qualified equity investment'
means any equity investment in a qualified small business
entity if--
``(A) such investment is acquired by the taxpayer
at its original issue (directly or through an
underwriter) solely in exchange for cash, and
``(B) such investment is designated for purposes of
this section by the qualified small business entity.
``(2) Equity investment.--The term `equity investment'
means--
``(A) any form of equity, including a general or
limited partnership interest, common stock, preferred
stock (other than nonqualified preferred stock as
defined in section 351(g)(2)), with or without voting
rights, without regard to seniority position and
whether or not convertible into common stock or any
form of subordinate or convertible debt, or both, with
warrants or other means of equity conversion, and
``(B) any capital interest in an entity which is a
partnership.
``(3) Redemptions.--A rule similar to the rule of section
1202(c)(3) shall apply for purposes of this subsection.
``(c) Qualified Small Business Entity.--For purposes of this
section--
``(1) In general.--The term `qualified small business
entity' means any domestic corporation or partnership if such
corporation or partnership--
``(A) is a small business (as defined in section
41(b)(3)(D)(iii)),
``(B) has its headquarters in the United States,
``(C) is engaged in a high technology trade or
business related to--
``(i) advanced materials, nanotechnology,
or precision manufacturing,
``(ii) aerospace, aeronautics, or defense,
``(iii) biotechnology or pharmaceuticals,
``(iv) electronics, semiconductors,
software, or computer technology,
``(v) energy, environment, or clean
technologies,
``(vi) forest products or agriculture,
``(vii) information technology,
communication technology, digital media, or
photonics,
``(viii) life sciences or medical sciences,
``(ix) marine technology or aquaculture,
``(x) transportation, or
``(xi) any other high technology trade or
business as determined by the Secretary,
``(D) has been in existence for less than 5 years
as of the date of the qualified equity investment,
``(E) employs less than 100 full-time equivalent
employees as of the date of such investment,
``(F) has more than 50 percent of the employees
performing substantially all of their services in the
United States as of the date of such investment, and
``(G) has equity investments designated for
purposes of this paragraph.
``(2) Designation of equity investments.--For purposes of
paragraph (1)(G), an equity investment shall not be treated as
designated if such designation would result in the aggregate
amount which may be taken into account under this section with
respect to equity investments in such corporation or
partnership exceeds--
``(A) $10,000,000, taking into account the total
amount of all qualified equity investments made by all
taxpayers for the taxable year and all preceding
taxable years,
``(B) $2,000,000, taking into account the total
amount of all qualified equity investments made by all
taxpayers for such taxable year, and
``(C) $1,000,000, taking into account the total
amount of all qualified equity investments made by the
taxpayer for such taxable year.
``(d) Qualified Investor.--For purposes of this section--
``(1) In general.--The term `qualified investor' means an
accredited investor, as defined by the Securities and Exchange
Commission, investor network, or investor fund who review new
or proposed businesses for potential investment.
``(2) Investor network.--The term `investor network' means
a group of accredited investors organized for the sole purpose
of making qualified equity investments.
``(3) Investor fund.--
``(A) In general.--The term `investor fund' means a
corporation that for the applicable taxable year is
treated as an S corporation or a general partnership,
limited partnership, limited liability partnership,
trust, or limited liability company and which for the
applicable taxable year is not taxed as a corporation.
``(B) Allocation of credit.--
``(i) In general.--Except as provided in
clause (ii), the credit allowed under
subsection (a) shall be allocated to the
shareholders or partners of the investor fund
in proportion to their ownership interest or as
specified in the fund's organizational
documents, except that tax-exempt investors
shall be allowed to transfer their interest to
investors within the fund in exchange for
future financial consideration.
``(ii) Single member limited liability
company.--If the investor fund is a single
member limited liability company that is
disregarded as an entity separate from its
owner, the credit allowed under subsection (a)
may be claimed by such limited liability
company's owner, if such owner is a person
subject to the tax under this title.
``(4) Exclusion.--The term `qualified investor' does not
include--
``(A) a person controlling at least 50 percent of
the qualified small business entity,
``(B) an employee of such entity, or
``(C) any bank, bank and trust company, insurance
company, trust company, national bank, savings
association or building and loan association for
activities that are a part of its normal course of
business.
``(e) National Limitation on Amount of Investments Designated.--
``(1) In general.--There is an angel investment tax credit
limitation of $500,000,000 for each of calendar years 2018
through 2022.
``(2) Allocation of limitation.--The limitation under
paragraph (1) shall be allocated by the Secretary among
qualified small business entities selected by the Secretary.
``(3) Carryover of unused limitation.--If the angel
investment tax credit limitation for any calendar year exceeds
the aggregate amount allocated under paragraph (2) for such
year, such limitation for the succeeding calendar year shall be
increased by the amount of such excess. No amount may be
carried under the preceding sentence to any calendar year after
2027.
``(f) Application With Other Credits.--
``(1) Business credit treated as part of general business
credit.--Except as provided in paragraph (2), the credit which
would be allowed under subsection (a) for any taxable year
(determined without regard to this subsection) shall be treated
as a credit listed in section 38(b) for such taxable year (and
not allowed under subsection (a)).
``(2) Personal credit.--
``(A) In general.--In the case of an individual who
elects the application of this paragraph, for purposes
of this title, the credit allowed under subsection (a)
for any taxable year (determined after application of
paragraph (1)) shall be treated as a credit allowable
under subpart A for such taxable year.
``(B) Limitation based on amount of tax.--In the
case of a taxable year to which section 26(a)(2) does
not apply, the credit allowed under subpart A for any
taxable year (determined after application of paragraph
(1)) by reason of subparagraph (A) shall not exceed the
excess of--
``(i) the sum of the regular tax liability
(as defined in section 26(b)) plus the tax
imposed by section 55, over
``(ii) the sum of the credits allowable
under subpart A (other than this section) and
section 27 for the taxable year.
``(C) Carryforward of unused credit.--If the credit
allowable under subsection (a) by reason of
subparagraph (A) exceeds the limitation imposed by
section 26(a)(1) or subparagraph (B), whichever is
applicable, for such taxable year, reduced by the sum
of the credits allowable under subpart A (other than
this section) for such taxable year, such excess shall
be carried to each of the succeeding 20 taxable years
to the extent that such unused credit may not be taken
into account under subsection (a) by reason of
subparagraph (A) for a prior taxable year because of
such limitation.
``(g) Special Rules.--
``(1) Related parties.--For purposes of this section--
``(A) In general.--All related persons shall be
treated as 1 person.
``(B) Related persons.--A person shall be treated
as related to another person if the relationship
between such persons would result in the disallowance
of losses under section 267 or 707(b).
``(2) Basis.--For purposes of this subtitle, the basis of
any investment with respect to which a credit is allowable
under this section shall be reduced by the amount of such
credit so allowed. This subsection shall not apply for purposes
of sections 1202, 1397B, and 1400B.
``(3) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any qualified equity
investment which is held by the taxpayer less than 3 years,
except that no benefit shall be recaptured in the case of--
``(A) transfer of such investment by reason of the
death of the taxpayer,
``(B) transfer between spouses,
``(C) transfer incident to the divorce (as defined
in section 1041) of such taxpayer, or
``(D) a transaction to which section 381(a) applies
(relating to certain acquisitions of the assets of one
corporation by another corporation).
``(h) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including
regulations--
``(1) which prevent the abuse of the purposes of this
section,
``(2) which impose appropriate reporting requirements, and
``(3) which apply the provisions of this section to newly
formed entities.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of the Internal Revenue Code of 1986 is amended--
(1) in paragraph (35), by striking ``plus'';
(2) in paragraph (36), by striking the period at the end
and inserting ``, plus''; and
(3) by adding at the end the following new paragraph:
``(37) the portion of the angel investment tax credit to
which section 30E(f)(1) applies.''.
(c) Conforming Amendments.--
(1) Section 1016(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting
``, and'', and by inserting after paragraph (37) the following
new paragraph:
``(38) to the extent provided in section 30E(g)(2).''.
(d) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 30E. Angel investment tax credit.''.
(e) Effective Date.--The amendments made by this section shall
apply to investments made after December 31, 2017, in taxable years
ending after such date.
(f) Regulations on Allocation of National Limitation.--Not later
than 120 days after the date of the enactment of this Act, the
Secretary of the Treasury or the Secretary's delegate shall prescribe
regulations which specify--
(1) how small business entities shall apply for an
allocation under section 30E(e)(2) of the Internal Revenue Code
of 1986, as added by this section;
(2) the competitive procedure through which such
allocations are made;
(3) the criteria for determining an allocation to a small
business entity, including--
(A) whether the small business entity is located in
a State that is historically underserved by angel
investors and venture capital investors;
(B) whether the small business entity has received
an angel investment tax credit, or its equivalent, from
the State in which the small business entity is located
and registered;
(C) whether small business entities in low-,
medium-, and high-population density States are
receiving allocations; and
(D) whether the small business entity has been
awarded a Small Business Innovative Research or Small
Business Technology Transfer grant from a Federal
agency;
(4) the actions that such Secretary or delegate shall take
to ensure that such allocations are properly made to qualified
small business entities; and
(5) the actions that such Secretary or delegate shall take
to ensure that angel investment tax credits are allocated and
issued to the taxpayer.
(g) Audit and Report.--Not later than January 31, 2021, the
Comptroller General of the United States, pursuant to an audit of the
angel investment tax credit program established under section 30E of
the Internal Revenue Code of 1986 (as added by subsection (a)), shall
report to Congress on such program, including all qualified small
business entities that receive an allocation of an angel investment
credit under such section. | Invest in Innovative Small Businesses Act This bill amends the Internal Revenue Code to allow a new business-related tax credit equal to 25% of the equity investments made by a qualified investor in a domestic corporation or partnership that: is a small business, has its headquarters in the United States, is engaged in a specified high technology trade or business, has been in existence for less than 5 years, employs fewer than 100 full-time employees, has more than 50% of its employees performing substantially all of their services in the United States, and has certain equity investments designated for the purposes of this bill that do not exceed specified amounts. The bill limits the allowable amount of such credit to the excess of the sum of regular tax liability, plus the tax under provisions regarding the alternative minimum tax, over the sum of specified tax credits allowed for the year. It also imposes an overall limitation on such credit of $500 million for each of calendar years 2018 through 2022. | {"src": "billsum_train", "title": "Invest in Innovative Small Businesses Act"} | 3,052 | 207 | 0.56636 | 1.469449 | 0.716718 | 3.081633 | 14.826531 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sewage Sludge in Food Production
Consumer Notification Act''.
SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON
WHICH SEWAGE SLUDGE HAS BEEN APPLIED.
(a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.--
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342)
is amended by adding at the end the following:
``(j)(1) Effective one year after the date of the enactment of the
Sewage Sludge in Food Production Consumer Notification Act, if it is a
food (intended for human consumption and offered for sale) that was
produced, or contains any ingredient that was produced, on land on
which sewage sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the production of the food or ingredient on the land
commenced;
``(B) the food bears a label that clearly indicates
that the food, or an ingredient of the food, was
produced on land on which sewage sludge was applied; or
``(C) in the case of a raw agricultural commodity
or other food generally offered for sale without
labeling, a sign is posted within close proximity of
the food to notify consumers that the food, or an
ingredient of the food, was produced on land on which
sewage sludge was applied.
``(2) In this paragraph, the term `sewage sludge' has the meaning
given to such term in section 503.9(w) of title 40, Code of Federal
Regulations (or any successor regulations).''.
(b) Adulterated Food Under Egg Products Inspection Act.--Section 4
of the Egg Products Inspection Act (21 U.S.C. 1033) is amended--
(1) in paragraph (a)--
(A) by striking ``or'' at the end of subparagraph
(7);
(B) by striking the period at the end of
subparagraph (8) and inserting ``; or''; and
(C) by adding at the end the following:
``(9) effective one year after the date of the enactment of
the Sewage Sludge in Food Production Consumer Notification Act,
if it is derived from poultry that were raised, or that
consumed animal feed produced, on land on which sewage sludge
was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced; or
``(B) the container bears a label that clearly
indicates that the egg or egg product was derived from
poultry that--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following:
``(aa) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(c) Adulterated Food Under Federal Meat Inspection Act.--Section 1
of the Federal Meat Inspection Act (21 U.S.C. 601) is amended--
(1) in paragraph (m)--
(A) by striking ``or'' at the end of subparagraph
(8);
(B) by striking the period at the end of
subparagraph (9) and inserting ``; or''; and
(C) by adding at the end the following:
``(10) effective one year after the date of the enactment
of the Sewage Sludge in Food Production Consumer Notification
Act, if it is derived from livestock that grazed, or consumed
animal feed produced, on land on which sewage sludge was
applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the livestock began grazing on the land or the date on
which the production of the animal feed on the land
commenced;
``(B) the carcass, part thereof, meat or meat food
product bears a label that clearly indicates that the
livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a carcass, part thereof, meat
or meat food product generally offered for sale without
labeling, a sign is posted within close proximity of
the item to notify consumers that the livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following:
``(x) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(d) Adulterated Food Under Poultry Products Inspection Act.--
Section 4 of the Poultry Products Inspection Act (21 U.S.C. 453) is
amended--
(1) in paragraph (g)--
(A) by striking ``or'' at the end of subparagraph
(7);
(B) by striking the period at the end of
subparagraph (8) and inserting ``; or''; and
(C) by adding at the end the following:
``(9) effective one year after the date of the enactment of
the Sewage Sludge in Food Production Consumer Notification Act,
if it is derived from poultry that were raised, or that
consumed animal feed produced, on land on which sewage sludge
was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced;
``(B) the poultry product bears a label that
clearly indicates that the poultry contained in the
product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a poultry product generally
offered for sale without labeling, a sign is posted
within close proximity of the item to notify consumers
that the poultry contained in the product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''; and
(2) by adding at the end the following:
``(cc) The term `sewage sludge' has the meaning given to such term
in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 342(j)(2)).''.
(e) Relation to National Organic Program.--
(1) In general.--Nothing in this section or the amendments
made by this section shall be construed to modify the
prohibition contained in part 205 of title 7, Code of Federal
Regulations, on the use of sewage sludge, including ash, grit,
or screenings from the production of sewage sludge, in organic
food production under the National Organic Program of the
Department of Agriculture.
(2) Definition.--In this subsection, the term ``sewage
sludge'' has the meaning given to such term in section 503.9(w)
of title 40, Code of Federal Regulations (or any successor
regulations), except that such term includes ash generated
during the firing of sewage sludge in a sewage sludge
incinerator or grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works. | Sewage Sludge in Food Production Consumer Notification Act This bill amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to require consumers to be notified regarding food produced from crops, poultry, or livestock on land in which sewage sludge was applied. Sewage sludge is solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Under the bill, if consumers are not notified regarding food produced on land on which sewage sludge was applied, the food is considered adulterated food subject to Food and Drug Administration or Department of Agriculture recalls. | {"src": "billsum_train", "title": "Sewage Sludge in Food Production Consumer Notification Act"} | 1,925 | 158 | 0.640983 | 1.71956 | 0.68158 | 3.78125 | 12.96875 | 0.828125 |
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the ``State National
Forest Management Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. State selection of eligible portions of the National Forest
System for acquisition and management.
Sec. 4. Transition provisions during the exchange-transition period.
Sec. 5. Transition provisions outside the transition period.
Sec. 6. Miscellaneous duties of the parties and other provisions
relating to the transfer.
SEC. 2. DEFINITIONS.
In this Act:
(1) The term ``Commissioner'' means the head of the
Department of Natural Resources of a State or comparable State
agency.
(2) The term ``eligible portions of the National Forest
System'' means all right, title, and interest of the United
States in and to the surface and subsurface lands and real
property (including structures and facilities owned by the
Forest Service) included as part of the National Forest System
in a State. The term does not include Conservation System Units
(as that term is defined in the Alaska National Interest Lands
Conservation Act) and areas or national memorials protected by
an Act of Congress.
(3) The term ``Federal obligation''--
(A) means any obligation or duty of the Forest
Service arising out of any lease, permit, license,
contract, and other legal instruments issued by or with
the Forest Service relating to eligible portions of the
National Forest System; and
(B) does not include any obligation with respect to
a Federal law, regulation, or policy.
(4) The term ``forest operations'' means the development of
forest operating plans for eligible portions of the National
Forest System acquired by a States, including the conduct of
inventories of timber resources and the engineering of
necessary access needed necessary for timber management and
related management activities.
(5) The term ``patent date'' means the last day of the
selection-transition period.
(6) The term ``Secretary'' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
(7) The term ``selection date'' means the date on which a
State elects to acquire eligible portions of the National
Forest System and notifies the Secretary of such election under
section 3(a).
(8) The term ``selection-transition period'' means the
period beginning on the selection date and ending no more than
one year thereafter, on the patent date.
(9) The term ``State'' means each of the several States and
the Commonwealth of Puerto Rico.
(10) The term ``State forest practices law'' means a forest
practices law applicable to State or privately owned forest
land in a State, including established silvicultural best
management practices or other regulations for forest management
practices related to clean water, soil quality, wildlife or
forest health.
(11) The term ``State obligation'' means any obligation or
duty of the State arising out of any lease, permit, license,
contract and other legal instruments issued by or with the
State relating to the selected lands under this Act.
SEC. 3. STATE SELECTION OF ELIGIBLE PORTIONS OF THE NATIONAL FOREST
SYSTEM FOR ACQUISITION AND MANAGEMENT.
(a) Selection Authorized; Conveyance Required.--During the 10-year
period beginning on the date of the enactment of this Act, if a State
elects pursuant to subsection (b) to select and acquire eligible
portions of the National Forest System in that State under the terms
and conditions of this Act and notifies the Secretary of such
selection, then the Secretary shall convey the eligible portions of the
National Forest System so selected to the State in accordance with
subsection (d). All conveyances shall be subject to valid existing
rights.
(b) Form of Election.--The election by a State to select and
acquire eligible portions of the National Forest System in that State
pursuant to subsection (a) shall be executed in the form of a bill
enacted into law by the legislature of that State. Such a law shall
provide, at a minimum, the following:
(1) That the State elects to acquire eligible portions of
the National Forest System in that State--
(A) pursuant to purchase for fair-market value;
(B) in exchange for State lands of equal value;
(C) in satisfaction of land selection rights
pursuant to the law by which the State was admitted to
the Union; or
(D) any combination of the preceding paragraphs.
(2) Identifies the eligible portions of the National Forest
System to be acquired and the method by which the State will
acquire the land.
(3) Acceptance by the State that acquisition of the
identified eligible portions of the National Forest System is
subject to valid existing rights.
(4) Acceptance by the State of the procedures specified in
this Act and the transition provisions of this Act.
(5) In the case of the State of Alaska, acceptance by the
State of the rights and obligations of the United States under
the Alaska Native Claims Settlement Act with respect to
acquired lands, rights in such lands, and use of lands acquired
by that State shall not be infringed by that State.
(6) Specification that up to 50 percent of the annual
harvest of timber from eligible portions of the National Forest
System to be acquired shall be offered in at least 10-year
contracts, and timber sales shall, to the maximum extent
practicable, provide sufficient volume to meet the needs of all
wood processing operations existing in that State as of the
date of the enactment of this Act, and forest operations shall
be performed in compliance with the State forest practices law.
(7) Acceptance by the State that eligible portions of the
National Forest System open to mineral entry under the general
mining laws of the United States shall remain open to mineral
entry under State law unless subsequently changed by a State
mineral closing order.
(c) Multiple State Laws; Acreage Limitation.--During the selection
period specified in subsection (a), a State may enact more than one law
to select and acquire eligible portions of the National Forest System
in that State, except that the total quantity of National Forest System
land acquired by the State under this Act may not exceed 2,000,000
acres.
(d) Procedure.--Beginning on the selection date for a State's
acquisition of eligible portions of the National Forest System in that
State, the Secretary shall prepare patents conveying the National
Forest System lands selected by the State and shall convey such patents
to the State on the patent date. The duty of the Secretary to prepare
and convey such patents under this Act shall be purely ministerial and
conveyance of the patent on the patent date shall not be withheld or
conditioned by any other provision of law except as provided herein.
The United States Supreme Court shall have exclusive jurisdiction to
issue such writs and compel such actions as may be necessary to
accomplish the conveyance made under this Act.
(e) Other Property.--Beginning on the selection date for a State's
acquisition of eligible portions of the National Forest System in that
State, in addition to other conveyances made under this Act, the
Secretary shall convey the right and title to and interest of the
United States in all other types of property (including real and
personal property) used for purposes of operating, administering, and
managing the acquired National Forest System land in that State. Such
property shall be transferred on the patent date and include only that
property which is owned by the United States and used by the Forest
Service primarily on the eligible portions of the National Forest
System selected by the State.
(f) Other Uses.--Beginning on the selection date and concurrent
with the selection and conveyance of the National Forest System lands
and property under this Act, the Secretary shall transfer all existing
special use permits related to the acquired National Forest System
lands and property to the State.
SEC. 4. TRANSITION PROVISIONS DURING THE EXCHANGE-TRANSITION PERIOD.
(a) Existing Obligations of the United States.--The United States
shall remain obligated for all Federal obligations incurred prior to
the patent date.
(b) Employees.--During the selection-transition period, to the
extent practicable, the State shall interview each person employed by
the Forest Service on the date of the enactment of this Act whose
employment is made redundant by this Act for purposes of reemployment
by the State in a comparable job within the new State administrative
system for the National Forest System lands acquired by the State under
this Act. Employees who do not secure employment with the State shall
have the option of placement in an equivalent position available within
the Federal Government.
(c) Management Pending Conveyance.--During the selection-transition
period and until the patent date, except as provided otherwise under
this Act, eligible portions of the National Forest System not yet
patented to the State under this Act shall be administered and managed
under applicable Federal law and land management plans.
(d) Transfer of Certain Receipts.--Receipts from all rentals or
sales occurring on eligible portions of the National Forest System
selected by a State during the selection-transition period shall be
kept in escrow and transferred to the State on the patent date.
SEC. 5. TRANSITION PROVISIONS OUTSIDE THE TRANSITION PERIOD.
(a) Management of Selected Lands.--Beginning on the patent date,
eligible portions of the National Forest System conveyed to a State
under this Act shall be administered and managed primarily for timber
production pursuant to the State forest practices law, except as
otherwise provided in this Act for the period provided by this Act.
(b) Land Designations.--Land use designations in effect on the date
of the enactment of this Act for eligible portions of the National
Forest System conveyed to a State under this Act under the applicable
land management plan shall continue in effect until the patent date.
(c) Subsistence Use After the Selection Date.--In the case of
eligible portions of the National Forest System in the State of Alaska,
the Secretary of the Interior shall retain continuing authority to
manage subsistence uses of fish and wildlife on National Forest System
lands conveyed under this Act until the patent date.
(d) Access.--
(1) Easements.--The Secretary, in accordance with the
applicable forest transportation plan for a unit of the
National Forest System and any transportation plan of the
State, shall provide access in the form of easements across
lands owned by the United States to and from eligible portions
of the National Forest System conveyed to the State. The duty
of the Secretary to deliver patents for such easements shall be
purely ministerial and shall not be withheld or conditioned by
any other provision of law. The Secretary shall enter into
agreements with the Commissioner for the purpose of sharing the
costs of common use roads.
(2) State duty.--Following the patent date, a State shall
issue easements to the United States for reasonable access
across acquired eligible portions of the National Forest System
in the manner provided in paragraph (1).
(e) Mining Claims.--
(1) In general.--Federal mining claims located pursuant to
the General Mining Law of 1872 (30 U.S.C. 22 et seq.) on
eligible portions of the National Forest System before the
selection date shall remain subject to the laws, rules,
regulations, and policies of the United States, but such laws,
rules, regulations, and policies shall be administered by the
State. The right and ability of a claimholder to patent such a
mining claim and enjoy reasonable access to the claim shall not
be infringed. An application to patent a Federal mining claim
located on eligible portions of the National Forest System may
be made by the claimholder with the State and shall constitute
an election by the claim holder to be subject to Federal mining
claim patent procedures administered by the State.
(2) Escrow and subsequent transfer.--During the selection-
transition period, the Federal Government shall escrow all fees
and revenues, if any, due on Federal mining claims on eligible
portions of the National Forest System and on the patent date
transfer those receipts to the State on the patent date to the
account established by the State for purposes of the law
specified in section 3(b)(7).
(3) State duty.--Any mining claims filed on eligible
portions of the National Forest System in a State after the
selection date shall be subject only to the laws of the State.
(f) Transfer of Other Receipts.--Beginning with the fiscal year of
a State after the patent date, escrowed fees and fees from all existing
and future issued special use permits and all other land management
receipts on eligible portions of the National Forest System conveyed to
the State under this Act, net of reasonable cost of administration,
shall be transferred to the State.
(g) Existing Obligations After Patent Date.--On the patent date, a
State shall assume all Federal obligations and duties and receive all
rights of the Forest Service, except that the State shall assume no
obligation for any claim for damages or specific performance relating
to a contract or permit, if such claim arose before the patent date,
unless the State receives the benefit from such an obligation.
SEC. 6. MISCELLANEOUS DUTIES OF THE PARTIES AND OTHER PROVISIONS
RELATING TO THE TRANSFER.
(a) Hazardous Materials.--As promptly as practicable after the date
of the enactment of this Act, the Secretary shall make available to a
State for review and inspection, all pertinent records relating to
hazardous materials, if any, on eligible portions of the National
Forest System available for selection under this Act. The
responsibility for costs of remedial action related to such materials
shall be borne by those entities responsible under existing law. If no
party responsible for the hazardous materials can be determined,
remediation responsibility and all costs shall remain with the
Secretary and remediation as agreed to by the Commissioner shall be
initiated as soon as practical after the patent date.
(b) Judicial Review.--Selection of land pursuant to this Act shall
not be subject to judicial review in any court of the United States,
except--
(1) to the extent a right of judicial review is conferred
specifically by the United States Constitution;
(2) otherwise conferred by this Act; or
(3) when sought by the State on matters pertaining to
rights conferred by this Act.
(c) Rulemaking.--No formal rules under section 553 of title 5,
United States Code, are required to implement this Act.
(d) Survey.--The patent for and use of eligible portions of the
National Forest System conveyed to a State pursuant to this Act shall
not be subject to completion of a field survey and may be issued based
on a protraction survey. However, the Secretary shall complete a field
survey following patent.
(e) Encumbrances.--For purposes of an orderly transfer of eligible
portions of the National Forest System to State ownership and
transition to State management, the Secretary shall provide a list of
encumbrances and uses of record and otherwise known on the selected
lands to the Commissioner during the selection-transition period. The
lands selected under this Act shall be subject to all existing
encumbrances. | State National Forest Management Act of 2015 This bill directs the Department of Agriculture, through the Forest Service, to convey to a state up to 2 million acres of eligible portions of the National Forest System (NFS) in it that it elects to acquire through enactment by the state legislature of a bill meeting certain criteria. Portions of the NFS conveyed to a state shall be administered and managed primarily for timber production. | {"src": "billsum_train", "title": "State National Forest Management Act of 2015"} | 3,338 | 94 | 0.500421 | 1.186116 | 0.290753 | 3.2625 | 38.8875 | 0.8875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Duplication Overseas Act of
2012''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote high-quality, cost-efficient,
and effective administrative support services to agencies overseas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' means a department,
agency, or independent establishment in the executive branch
performing any foreign affairs functions.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Oversight and Government
Reform of the House of Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(3) International cooperative administrative support
services system.--The term ``International Cooperative
Administrative Support Services system'' means the mechanism
established pursuant to section 23 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2695) by which the
United States Government manages and funds administrative
support services at overseas posts.
(4) International cooperative administrative support
services customer agencies.--The term ``International
Cooperative Administrative Support Services customer agencies''
means agencies participating in the International Cooperative
Administrative Support Services system.
(5) International cooperative administrative support
services executive board.--The term ``International Cooperative
Administrative Support Services Executive Board'' means the
highest-level International Cooperative Administrative Support
Services policy-making body comprised of senior representatives
of agencies participating in the International Cooperative
Administrative Support Services system.
SEC. 4. PARTICIPATION IN INTERNATIONAL COOPERATIVE ADMINISTRATIVE
SUPPORT SERVICES SYSTEM.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, each agency with operations overseas under the
authority of the Chief of Mission pursuant to section 207 of the
Foreign Service Act of 1980 (22 U.S.C. 3927) shall participate in the
International Cooperative Administrative Support Services system for
purposes of obtaining household furniture, furnishings, and appliance
pools services, motor pool services, and management services unless--
(1) the agency provides a detailed explanation for
evaluation and decision by the International Cooperative
Administrative Support Services Executive Board that
describes--
(A) how the agency will provide the service outside
of the International Cooperative Administrative Support
Services system;
(B) the cost to the agency of the service; and
(C) how providing the service outside the
International Cooperative Administrative Support
Services system will not increase overall costs to the
United States Government; or
(2) the agency submits a detailed explanation for
evaluation and decision by the International Cooperative
Administrative Support Services Executive Board certifying that
the mission of the agency cannot be achieved by such
participation in the International Cooperative Administrative
Support Services system.
(b) Rule of Construction.--The motor pool services requirement
under subsection (a) applies to administrative services, and shall not
be construed as superseding, removing, or limiting any statutory or
programmatic requirements related to agency use or procurement of
vehicles.
SEC. 5. USE OF ALTERNATE SERVICE PROVIDERS.
The International Cooperative Administrative Support Services
Executive Board shall allow an agency to act as an alternate service
provider for administrative services at an overseas post in place of
the existing International Cooperative Administrative Support Services
provider for purposes of reducing overall costs to the United States
Government if the agency--
(1) demonstrates through a business case that it can
provide the administrative service more efficiently; and
(2) agrees to provide the administrative service to all
other International Cooperative Administrative Support Services
customer agencies at the overseas post.
SEC. 6. REPORTING REQUIREMENTS.
(a) Biennial Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and every 2 years thereafter, the
Secretary of State, in consultation with the International
Cooperative Administrative Support Services Executive Board,
shall submit to the appropriate congressional committees a
report on the International Cooperative Administrative Support
Services system.
(2) Content.--The report required under paragraph (1)
shall--
(A) establish performance goals to define the level
of performance to be achieved in providing efficient,
effective, and equitable administrative services to
International Cooperative Administrative Support
Services customer agencies;
(B) establish a balanced set of performance
indicators to be used in measuring or assessing
progress toward each performance goal;
(C) describe how the International Cooperative
Administrative Support Services system ensures the
accuracy and reliability of the data used to measure
progress; and
(D) identify strategies and the resources required
to achieve performance goals.
(b) Comptroller General Review.--
(1) In general.--Not later than 2 years after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a review of the International Cooperative
Administrative Support Services system.
(2) Content.--The review required under paragraph (1) shall
include--
(A) an evaluation of whether requiring agencies to
participate in the International Cooperative
Administrative Support Services system for household
furniture, furnishings, and appliance pools services
and motor pools services has increased cost-efficiency
and reduced administrative redundancies;
(B) recommendations, if warranted, for further
consolidation of services in the International
Cooperative Administrative Support Services system;
(C) an evaluation of how implementation of this Act
is affecting the performance of International
Cooperative Administrative Support Services customer
agencies; and
(D) recommendations, if warranted, for improving
the International Cooperative Administrative Support
Services system and implementing this Act. | Reducing Duplication Overseas Act of 2012 - Requires a federal agency that performs any foreign affairs functions and operates overseas to participate in the International Cooperative Administrative Support Services system for purposes of obtaining household furniture, furnishings, and appliance pools services, motor pool services, and management services unless such agency provides a detailed explanation that describes: (1) how such agency will provide the service outside the system, (2) the cost of the service, and (3) how providing the service outside the system will not increase overall costs. Requires such an agency to provide a detailed explanation certifying that the mission of the agency cannot be achieved by participation in the system.
Requires the International Cooperative Administrative Support Services Executive Board to allow an agency to act as an alternative provider for administrative services at an overseas post in place of the system if the agency: (1) demonstratives that it can provide the administrative service more efficiently, and (2) agrees to provide the administrative service to all other International Cooperative Administrative Support Services customer agencies at the overseas post.
Requires the Comptroller General (GAO) to submit a review of the system to specified congressional committees | {"src": "billsum_train", "title": "A bill to promote high-quality, cost-efficient, and effective administrative support services to agencies overseas."} | 1,261 | 250 | 0.691278 | 2.14251 | 0.658364 | 5.266968 | 5.393665 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Tax Relief Act of
1995''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 220 as
section 221 and by inserting after section 219 the following new
section:
``SEC. 220. HIGHER EDUCATION TUITION AND FEES; INTEREST ON STUDENT
LOANS.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the sum of--
``(1) the qualified higher education expenses, plus
``(2) interest on qualified higher education loans,
paid by the taxpayer during the taxable year.
``(b) Qualified Higher Education Expenses.--For purposes of this
section--
``(1) Qualified higher education expenses.--
``(A) In general.--The term `qualified higher
education expenses' means tuition and fees required for
the enrollment or attendance of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151,
as an eligible student at an institution of higher
education.
``(B) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies unless such expenses--
``(i) are part of a degree program, or
``(ii) are deductible under this chapter
without regard to this section.
``(C) Exception for nonacademic fees.--Such term
does not include any student activity fees, athletic
fees, insurance expenses, or other expenses unrelated
to a student's academic course of instruction.
``(D) Eligible student.--For purposes of
subparagraph (A), the term `eligible student' means a
student who meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)).
``(2) Dollar limitation.--
``(A) In general.--The amount taken into account
under paragraph (1) for any taxable year shall not
exceed $10,000.
``(B) Phase-in.--In the case of taxable years
beginning in 1996, 1997, 1998, and 1999, the following
amounts shall be substituted for `$10,000' in
subparagraph (A):
``For taxable years
The substitute
beginning in:
amount is:
1996....................... $2,000
1997....................... 4,000
1998....................... 6,000
1999....................... 8,000.
``(3) Limitation based on modified adjusted gross income.--
``(A) In general.--If the modified adjusted gross
income of the taxpayer for the taxable year exceeds
$70,000 ($100,000 in the case of a joint return), the
amount which would (but for this paragraph) be taken
into account under paragraph (1) shall be reduced (but
not below zero) by the amount which bears the same
ratio to the amount which would be taken into account
as such excess bears to $20,000.
``(B) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 1996,
the $70,000 and $100,000 amounts contained in
subparagraph (A) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins, except that section
1(f)(3)(B) shall be applied by substituting
`1995' for `1992'.
``(C) Rounding.--If any amount as adjusted under
subparagraph (B) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50 (or if
such amount is a multiple of $25, such amount shall be
rounded to the next highest multiple of $50).
``(D) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 219, and 469.
``(4) Institution of higher education.--The term
`institution of higher education' means an institution which--
``(A) is described in section 481 of the Higher
Education Act of 1965 (20 U.S.C. 1088), and
``(B) is eligible to participate in programs under
title IV of such Act.
``(c) Qualified Higher Education Loan.--For purposes of this
section--
``(1) In general.--The term `qualified higher education
loan' means a loan to a student which is--
``(A) made, insured, or guaranteed by the Federal
Government,
``(B) made by a State or a political subdivision of
a State,
``(C) made from the proceeds of a qualified student
loan bond under section 144(b), or
``(D) made by an institution of higher education
(as defined in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a))).
``(2) Limitation.--
``(A) In general.--The amount of interest on a
qualified higher education loan which is taken into
account under subsection (a)(2) shall be reduced by the
amount which bears the same ratio to such amount of
interest as--
``(i) the proceeds from such loan used for
qualified higher education expenses, bears to
``(ii) the total proceeds from such loan.
``(B) Qualified higher education expenses.--For
purposes of subparagraph (A), the term `qualified
higher education expenses' has the meaning given such
term by subsection (b), except that--
``(i) such term shall include reasonable
living expenses while away from home, and
``(ii) the limitations of paragraphs (2)
and (3) of subsection (b) shall not apply.
``(d) Coordination With Other Provisions.--
``(1) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for qualified higher education
expenses or interest on qualified higher education
loans with respect to which a deduction is allowed
under any other provision of this chapter.
``(B) Savings bond exclusion.--A deduction shall be
allowed under subsection (a)(1) for qualified higher
education expenses only to the extent the amount of
such expenses exceeds the amount excludable under
section 135 for the taxable year.
``(2) Qualified residence interest.--If a deduction is
allowed under subsection (a)(2) for interest which is also
qualified residence interest under section 163(h), such
interest shall not be taken into account under section 163(h).
``(e) Special Rules.--
``(1) Election.--If a deduction is allowable under more
than one provision of this chapter with respect to qualified
higher education expenses, the taxpayer may elect the provision
under which the deduction is allowed.
``(2) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a)(1) for any taxable year only to
the extent the qualified higher education expenses are
in connection with attendance at an institution of
higher education during the taxable year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified higher education
expenses paid during a taxable year which are in
connection with attendance at an institution of higher
education which begins during the first 2 months of the
following taxable year.
``(3) Adjustment for certain scholarships and veterans
benefits.--The amount of qualified higher education expenses
otherwise taken into account under subsection (a)(1) with
respect to the education of an individual shall be reduced
(before the application of subsection (b)) by the sum of the
amounts received with respect to such individual for the
taxable year as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for educational expenses, or attributable to
attendance at an eligible educational institution,
which is exempt from income taxation by any law of the
United States.
``(4) No deduction for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and his spouse file a joint return for the taxable
year.
``(5) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''
(b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) of such Code is amended by inserting after paragraph (15) the
following new paragraph:
``(16) Higher education tuition and fees.--The deduction
allowed by section 219.''
(c) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of such Code is amended by striking the item
relating to section 220 and inserting:
``Sec. 220. Higher education tuition and fees.
``Sec. 221. Cross reference.''
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | Higher Education Tax Relief Act of 1995 - Amends the Internal Revenue Code to allow a tax deduction for the sum of qualified higher education expenses and interest on qualified higher education loans. Provides limitations on both amounts. Allows such deduction in computing adjusted gross income. | {"src": "billsum_train", "title": "Higher Education Tax Relief Act of 1995"} | 2,268 | 56 | 0.549581 | 1.188313 | 0.795016 | 2.96 | 41.1 | 0.88 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Lake Champlain
Zebra Mussel Control Act of 1995''.
(b) References.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to or repeal of a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.).
SEC. 2. PREVENTION AND CONTROL OF ZEBRA MUSSEL INFESTATION OF LAKE
CHAMPLAIN.
(a) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is amended--
(1) by striking paragraph (3) and inserting the following
new paragraph:
``(3) the zebra mussel was unintentionally introduced into
the Great Lakes and has infested waters east of the Great
Lakes, into the Hudson River and Lake Champlain;''
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) because the zebra mussel was discovered in Lake
Champlain in 1993, the Congress should endeavor to act quickly
to establish zebra mussel controls for Lake Champlain.''.
(b) National Ballast Water Control Program.--Section 1102(a)(2) (16
U.S.C. 4712(a)(2)) is amended by inserting ``Lake Champlain and other''
after ``economic uses of''.
(c) Ex Officio Members of Aquatic Nuisance Species Task Force.--
Section 1201(c) (16 U.S.C. 4721(c)) is amended by inserting ``, the
Lake Champlain Basin Program,'' before ``and State agencies''.
(d) Aquatic Nuisance Species Program.--Subsections (b)(6) and
(i)(1) of section 1202 (16 U.S.C. 4722) are each amended by inserting
``, Lake Champlain,'' after ``Great Lakes'' each place it appears.
SEC. 3. VOLUNTARY GUIDELINES.
Section 1202(c) (16 U.S.C. 4722(c)) is amended by adding at the end
the following new paragraph:
``(3) Voluntary guidelines.--Not later than 1 year after
the date of enactment of this paragraph, the Task Force shall
develop and submit to the Secretary for issuance by the
Secretary, voluntary guidelines for controlling the spread of
the zebra mussel through recreational activities, including
boating and fishing. Not later than the date specified in the
preceding sentence, the Secretary shall issue voluntary
guidelines that incorporate the guidelines developed by the
Task Force under this paragraph.''.
SEC. 4. STATE AND WATERSHED AQUATIC NUISANCE SPECIES MANAGEMENT PLANS.
Section 1204(a) (16 U.S.C. 4724(a)) is amended--
(1) by striking ``(a) State Plan.--'' and inserting the
following: ``(a) State or Watershed Plan.--'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``or the appropriate official of a watershed
organization'' after ``the Governor of each State'';
and
(B) in subparagraphs (A) and (B), by inserting ``or
the watershed'' after ``within the State'' each place
it appears;
(3) in paragraph (3)--
(A) in subparagraph (A), by inserting ``or
watershed organization'' after ``the State''; and
(B) in subparagraph (B), by inserting ``or the
appropriate official of a watershed organization''
after ``a State'';
(4) in paragraph (4), by inserting ``or the appropriate
official of the watershed organization'' after ``the
Governor''; and
(5) by adding at the end the following new paragraph:
``(5) Watershed organization defined.--For purposes of this
subsection, the term `watershed organization' means an entity
with jurisdiction over the management of a watershed pursuant
to applicable Federal and State law.''.
SEC. 5. SEA GRANT COLLEGE DESIGNATION.
Section 207 of the National Sea Grant College Program Act (33
U.S.C. 1126) is amended by adding at the end the following:
``(d) Designation of University of Vermont.--Notwithstanding any
other provision of this Act--
``(1) the University of Vermont in Burlington, Vermont, is
deemed to meet the requirements for designation as a sea grant
college under this section; and
``(2) not later than 30 days after the date of enactment of
the Lake Champlain Zebra Mussel Control Act of 1995, the
Secretary shall designate the University of Vermont as a sea
grant college.''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 (16 U.S.C. 4741) is amended--
(1) in subsection (a)(3), by striking ``1993, 1994, and
1995'' and inserting ``1996 through 2000'';
(2) in subsection (b)--
(A) by striking ``1991, 1992, 1993, 1994, and
1995'' and inserting ``1996 through 2000'';
(B) in paragraph (3), by inserting ``, and the Lake
Champlain Research Consortium,'' after ``Laboratory'';
(C) in paragraph (4)(A)--
(i) by inserting after ``(33 U.S.C. 1121 et
seq.)'' the following: ``and grants to colleges
for the benefit of agriculture and the mechanic
arts referred to in the first section of the
Act of August 30, 1890 (26 Stat. 417, chapter
841; 7 U.S.C. 322)''; and
(ii) by inserting ``and the Lake Champlain
basin'' after ``Great Lakes region''; and
(D) in paragraph (7), by striking ``$2,000,000''
and inserting ``$4,000,000''; and
(3) in subsection (c), by striking ``1991, 1992, 1993,
1994, and 1995'' and inserting ``1996 through 2000''. | Lake Champlain Zebra Mussel Control Act of 1995 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to: (1) require the Aquatic Nuisance Species Task Force to study whether aquatic nuisance species threaten the ecological characteristics and economic uses of Lake Champlain; (2) require the designated chairpersons to invite representatives of the Lake Champlain Basin Program to participate as ex officio members of the Task Force; and (3) include Lake Champlain among the waters with respect to which the aquatic nuisance species and zebra mussel demonstration programs apply.
Requires, within one year: (1) the Task Force to develop and submit to the Secretary of the department in which the Coast Guard is operating voluntary guidelines for controlling the spread of the zebra mussel through recreational activities, including boating and fishing; and (2) the Secretary to issue voluntary guidelines that incorporate the guidelines developed by the Task Force.
Revises the Act to provide for the preparation and submission of a comprehensive management plan and a public facility management plan by the Governor of each State (as under current law) or the appropriate official of a watershed organization. Defines "watershed organization" to mean an entity with jurisdiction over the management of a watershed pursuant to applicable Federal and State law.
Amends the National Sea Grant College Program Act to direct the Secretary to designate the University of Vermont in Burlington, Vermont, as a sea grant college under the Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Lake Champlain Zebra Mussel Control Act of 1995"} | 1,496 | 322 | 0.609321 | 1.836161 | 0.740052 | 3.314079 | 4.483755 | 0.830325 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minnesota Chippewa Tribe Judgment
Fund Distribution Act of 2011''.
SEC. 2. FINDINGS.
Congress finds that--
(1) on January 22, 1948, the Minnesota Chippewa Tribe,
representing all Chippewa bands in the State of Minnesota
except the Red Lake Band, filed a claim before the Indian
Claims Commission in Docket No. 19 for an accounting of all
amounts received and expended pursuant to the Act of January
14, 1889 (25 Stat. 642, chapter 24) (referred to in this Act as
the ``Nelson Act'');
(2) on August 2, 1951, the Minnesota Chippewa Tribe,
representing all Chippewa bands in the State of Minnesota
except the Red Lake Band, filed a number of claims before the
Indian Claims Commission in Docket No. 188 for an accounting of
the obligation of the Federal Government to each member Band of
the Minnesota Chippewa Tribe under various statutes and
treaties not covered by the Nelson Act;
(3) on May 17, 1999, a joint motion for findings in aid of
settlement of the claims in Docket No. 19 and 188 was filed in
the Court of Federal Claims;
(4) the terms of the settlement were approved by the Court
of Federal Claims and final judgment in the matter was entered
on May 26, 1999;
(5) on June 22, 1999, $20,000,000 was transferred to the
Department of the Interior and deposited in a trust fund
account established for the beneficiaries of the amounts
awarded in Docket No. 19 and 188;
(6) pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), Congress must act to
authorize the use or distribution of the judgment funds; and
(7) on October 1, 2009, the Minnesota Chippewa Tribal
Executive Committee passed Resolution 146-09, approving a plan
to distribute the judgment funds and requesting that Congress
authorize the distribution of the judgment funds in the manner
described by the plan.
SEC. 3. DEFINITIONS.
In this Act:
(1) Bands.--The term ``Bands'' means--
(A) the Bois Forte Band;
(B) the Fond du Lac Band;
(C) the Grand Portage Band;
(D) the Leech Lake Band;
(E) the Mille Lacs Band; and
(F) the White Earth Band.
(2) Judgment funds.--The term ``judgment funds'' means the
$20,000,000 awarded on May 26, 1999, to the Minnesota Chippewa
Tribe by the Court of Federal Claims and transferred to the
Secretary for deposit in a trust fund account established for
the beneficiaries of Docket No. 19 and 188.
(3) Minnesota chippewa tribe.--The term ``Minnesota
Chippewa Tribe'' means the Minnesota Chippewa Tribe, composed
solely of the Bands.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE.
(a) In General.--The Secretary may reimburse the Minnesota Chippewa
Tribe the amount that the Minnesota Chippewa Tribe contributed for
attorneys' fees and litigation expenses associated with the litigation
of Docket No. 19 and 188 in the Court of Federal Claims and the
distribution of judgment funds, plus any interest earned on that amount
as of the date of payment under this section to the Minnesota Chippewa
Tribe.
(b) Procedure.--
(1) In general.--To receive a reimbursement payment under
subsection (a), not later than 90 days after the date of
enactment of this Act, the Minnesota Chippewa Tribe shall
submit to the Secretary a written claim for the reimbursement
amount described in that subsection, subject to the condition
that the Minnesota Chippewa Tribe certify that the
reimbursement expenses claimed have not been reimbursed to the
Tribe by any other entity.
(2) Payment.--If the Minnesota Chippewa Tribe submits a
claim to the Secretary in accordance with paragraph (1), the
Secretary shall, using the judgment funds, pay to the Minnesota
Chippewa Tribe the full reimbursement amount claimed, plus
interest on that amount, calculated at the rate of 6.0 percent
per year, simple interest, beginning on the date on which the
amounts were expended by the Tribe and ending on the date on
which the amounts are reimbursed to the Tribe.
SEC. 5. DISTRIBUTION OF JUDGMENT FUNDS.
(a) Membership Rolls.--Not later than 90 days after the date of
enactment of this Act, the Minnesota Chippewa Tribe shall submit to the
Secretary an updated membership roll for each Band of the Tribe, each
of which shall include the names of all enrolled members of that Band
living on the date of enactment of this Act.
(b) Disbursement of Available Funds.--
(1) Per capita account.--After the date on which any
amounts under section 4 have been disbursed and the Secretary
has received the updated membership rolls under subsection (a),
the Secretary shall, from the remaining judgment funds, deposit
in a per capita account established by the Secretary for each
Band, an amount that is equal to $300 for each member of that
Band listed on the updated membership roll.
(2) Remaining amounts.--If, after the disbursement
described in paragraph (1), any judgment funds remain
undisbursed, the Secretary shall deposit in an account
established by the Secretary for each Band, which shall be
separate from the per capita account described in paragraph
(1), all remaining amounts, divided equally among the Bands.
(c) Use of Amounts.--
(1) Disbursement of per capita payments.--Any amounts
deposited in the per capita account of a Band described in
subsection (b)(1) shall be--
(A) made available to the Band for immediate
withdrawal; and
(B) used by the Band solely for the purpose of
distributing 1 $300 payment to each individual member
of the Band listed on the updated membership roll.
(2) Treatment of dependents.--For each minor or dependent
member of the Band listed on the updated roll, the Band may--
(A) distribute the $300 payment to a parent or
legal guardian of that dependent Band member; or
(B) deposit in a trust account the $300 payment of
that dependent Band member for the benefit of that
dependent Band member, to be distributed under the
terms of the trust.
(d) Unclaimed Payments.--If, on the date that is 1 year after the
date on which the amounts described in subsection (b)(1) are made
available to a Band, any amounts remain unclaimed, those amounts shall
be returned to the Secretary, who shall deposit the remaining amounts
in the accounts described in subsection (b)(2) in equal shares for each
Band.
(e) No Liability.--The Secretary shall not be liable for the
expenditure or investment of any amounts disbursed to a Band from the
accounts described in subsection (b) after those amounts are withdrawn
by the Band.
SEC. 6. ADMINISTRATION.
Amounts disbursed under this Act--
(1) shall not be liable for the payment of previously
contracted obligations of any recipient, as provided in section
2(a) of Public Law 98-64 (25 U.S.C. 117b(a)); and
(2) shall be subject to section 7 of the Indian Tribal
Judgment Funds Use or Distribution Act (25 U.S.C. 1407). | Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2011 - Authorizes the Secretary of the Interior to reimburse the Minnesota Chippewa Tribe for the amount, plus interest, that the Tribe contributed for the distribution of judgment funds and the payment of attorneys' fees and litigation expenses associated with the litigation of Docket No. 19 and Docket No. 188 before the U.S. Court of Federal Claims.
Requires that the Tribe's claim for reimbursement of expended funds be certified by the Tribe as being unreimbursed to it from other funding sources.
Requires the Tribe to provide the Secretary with updated membership rolls for the Boise Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band of the Tribe.
Directs the Secretary to set aside a specified amount of the judgment funds for distribution to each member enrolled with each Band and then divide the remaining funds into equal shares for each Band. | {"src": "billsum_train", "title": "A bill to provide for the use and distribution of judgment funds awarded to the Minnesota Chippewa Tribe by the United States Court of Federal Claims in Docket Numbers 19 and 188, and for other purposes."} | 1,689 | 225 | 0.621523 | 1.994035 | 0.710765 | 2.80791 | 8.497175 | 0.887006 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``After School Education and Anti-
Crime Act of 2001''.
SEC. 2. PURPOSE.
The purpose of this Act is to improve academic and social outcomes
for students and reduce both juvenile crime and the risk that youth
will become victims of crime by providing productive activities during
after school hours.
SEC. 3. FINDINGS.
Congress makes the following findings:
(1) Today's youth face far greater social risks than did
their parents and grandparents.
(2) Students spend more of their waking hours alone,
without supervision, companionship, or activity, than the
students spend in school.
(3) Law enforcement statistics show that youth who are ages
12 through 17 are most at risk of committing violent acts and
being victims of violent acts between 3 p.m. and 6 p.m.
(4) The consequences of academic failure are more dire in
2001 than ever before.
(5) After school programs have been shown in many States to
help address social problems facing our Nation's youth, such as
drugs, alcohol, tobacco, and gang involvement.
(6) Many of our Nation's governors endorse increasing the
number of after school programs through a Federal/State
partnership.
(7) Over 450 of the Nation's leading police chiefs,
sheriffs, and prosecutors, along with presidents of the
Fraternal Order of Police and the International Union of Police
Associations, which together represent 360,000 police officers,
have called upon public officials to provide after school
programs that offer recreation, academic support, and community
service experience, for school-age children and teens in the
United States.
(8) One of the most important investments that we can make
in our children is to ensure that they have safe and positive
learning environments in the after school hours.
SEC. 4. GOALS.
The goals of this Act are as follows:
(1) To increase the academic success of students.
(2) To promote safe and productive environments for
students in the after school hours.
(3) To provide alternatives to drug, alcohol, tobacco, and
gang activity.
(4) To reduce juvenile crime and the risk that youth will
become victims of crime during after school hours.
SEC. 5. PROGRAM AUTHORIZATION.
Section 10903 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8243) is amended--
(1) in subsection (c), by striking ``3'' and inserting
``5''.
SEC. 6. APPLICATIONS.
Section 10904 of the Century Community Learning Centers Act (20
U.S.C. 8244) is amended--
(1) in subparagraph (a)(3)(C), by inserting ``students,
parents, teachers, school administrators, local government,
including law enforcement organizations such as Police Athletic
and Activity Leagues,'' after ``agencies,'';
(2) by adding at the end of subsection (a)(3)(E) the
following:
``(4) information demonstrating that the recipient will--
``(A) provide not less than 35 percent of the
annual cost of the activities assisted under the
project from sources other than funds provided under
this part, which contribution may be provided in cash
or in kind, fairly evaluated; and
``(B) provide not more than 25 percent of the
annual cost of the activities assisted under the
project from funds provided by the Secretary under
other Federal programs that permit the use of those
other funds for activities assisted under the project;
and
``(5) an assurance that the recipient, in each year of the
project, will maintain the recipient's fiscal effort, from non-
Federal sources, from the preceding fiscal year for the
activities the recipient provides with funds provided under
this part.''.
SEC. 7. USES OF FUNDS.
Section 10905 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8245) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting:
``(a) In General.--Grants awarded under this part may be used to
establish or expand community learning centers. The centers may provide
1 or more of the following activities:'';
(2) in subsection (a)(11) (as redesignated by paragraph
(1)), by inserting ``, and job skills preparation'' after
``placement''; and
(3) by adding at the end the following:
``(14) After school programs, that--
``(A) shall include at least 2 of the following--
``(i) mentoring programs;
``(ii) academic assistance;
``(iii) recreational activities; or
``(iv) technology training; and
``(B) may include--
``(i) drug, alcohol, and gang prevention
activities;
``(ii) health and nutrition counseling; and
``(iii) job skills preparation activities.
``(b) Limitation.--Not less than \2/3\ of the amount appropriated
under section 10907 for each fiscal year shall be used for after school
programs, as described in paragraph (14). Such programs may also
include activities described in paragraphs (1) through (13) that offer
expanded opportunities for children or youth.''.
SEC. 8. ADMINISTRATION.
Section 10905 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8245) is amended by adding at the end the following:
``(c) Administration.--In carrying out the activities described in
subsection (a), a local educational agency, school or consortium shall,
to the greatest extent practicable--
``(1) request volunteers from business and academic
communities, and law enforcement organizations, such as Police
Athletic and Activity Leagues, to serve as mentors or to assist
in other ways;
``(2) ensure that youth in the local community participate
in designing the after school activities;
``(3) develop creative methods of conducting outreach to
youth in the community;
``(4) request donations of computer equipment and other
materials and equipment; and
``(5) work with State and local park and recreation
agencies so that activities carried out by the agencies prior
to the date of enactment of this subsection are not duplicated
by activities assisted under this part.''.
SEC. 9. COMMUNITY LEARNING CENTER DEFINED.
Section 10906 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8246) is amended in paragraph (2) by inserting ``, including
law enforcement organizations such as the Police Athletic and Activity
League'' after ``governmental agencies''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 10907 of the 21st Century Community Learning Centers Act
(20 U.S.C. 8247) is amended by striking ``$20,000,000 for fiscal year
1995'' and all that follows and inserting ``$1,000,000,000 for fiscal
year 2002, $1,200,000,000 for fiscal year 2003, $1,300,000,000 for
fiscal year 2004, $1,400,000,000 for fiscal year 2005, and
$1,500,000,000 for fiscal year 2006, to carry out this part.''.
SEC. 11. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
October 1, 2001. | After School Education and Anti-Crime Act of 2001 - Amends the 21st Century Community Learning Centers Act to extend the maximum grant duration to five years.Revises grant application provisions to require: (1) information demonstrating that the grant recipient will provide a certain minimum portion of annual cost of assisted activities from sources other than such grants, with a certain maximum portion of such costs allowed to be from funds provided by the Secretary of Education under other Federal programs; and (2) assurance of maintenance of the recipient's fiscal effort from non-Federal sources.Allows the use of grant funds to establish or expand community learning centers. Allows such centers to provide one or more of specified listed activities, including after-school programs that include at least two of the following: mentoring programs, academic assistance, recreational activities, or technology training. Authorizes centers to include drug, alcohol, and gang prevention activities, health and nutrition counseling, and job skills preparation activities. Requires at least two-thirds of appropriated funds under such Act to be used for after-school programs.Directs local educational agencies (LEAs), schools, or consortia, in carrying out center activities, to: (1) request volunteers from business and academic communities, and law enforcement organizations, to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after-school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to this Act's enactment are not duplicated.Includes in the meaning of community learning center LEA operation of such a center in a school in conjunction with law enforcement organizations such as the Police Athletic and Activity League. | {"src": "billsum_train", "title": "A bill to improve academic and social outcomes for students and reduce both juvenile crime and the risk that youth will become victims of crime by providing productive activities during after school hours."} | 1,571 | 399 | 0.550267 | 1.882701 | 0.637804 | 4.084932 | 4.123288 | 0.879452 |
<greek-th> x <greek-th> x <greek-th> x
SECTION 1. SHORT TITLE.<greek-th> x
This Act may be cited as the ``Terrorism Insurance Backstop
Extension Act of 2004''.<greek-th> x
SEC. 2. EXTENSION OF TERRORISM INSURANCE PROGRAM.<greek-th> x
(a) Program Years 4 and 5.--Paragraph (11) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended
by adding at the end the following new subparagraphs:<greek-th> x
``(E) Program year 4.--The term `Program Year 4'
means the period beginning on January 1, 2006 and
ending on December 31, 2006.<greek-th> x
``(F) Program year 5.--The term `Program Year 5'
means the period beginning on January 1, 2007 and
ending on December 31, 2007.''.<greek-th> x
(b) Insurer Deductible.--Paragraph (7) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
<greek-th> x
(1) by redesignating subparagraph (E) as subparagraph
(G);<greek-th> x
(2) in subparagraph (D), by striking ``and'' at the
end;<greek-th> x
(3) by inserting after subparagraph (D) the following new
subparagraphs:<greek-th> x
``(E) for Program Year 4, the value of an insurer's
direct earned premiums over the calendar year
immediately preceding Program Year 4, multiplied by 15
percent;<greek-th> x
``(F) for Program Year 5, the value of an insurer's
direct earned premiums over the calendar year
immediately preceding Program Year 4, multiplied by 20
percent; and''; and<greek-th> x
(4) in subparagraph (G) (as so redesignated by paragraph
(1) of this subsection)--<greek-th> x
(A) by striking ``(D)'' and inserting ``(F)'';
and<greek-th> x
(B) by striking ``or Program Year 3'' and inserting
``Program Year 3, Program Year 4, or Program Year
5''.<greek-th> x
(c) Mandatory Availability.--Subsection (c) of section 103 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
<greek-th> x
(1) by striking all of the matter that precedes
subparagraph (A) of paragraph (1) and inserting the
following:<greek-th> x
``(c) Mandatory Availability.--During the Program, each entity that
meets the definition of an insurer under section 102--'';<greek-th> x
(2) by striking paragraph (2); and<greek-th> x
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2) and realigning such paragraphs, as so
redesignated, so as to be indented 2 ems from the left
margin.<greek-th> x
(d) Insured Loss Shared Compensation.--Subsection (e) of section
103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note)
is amended--<greek-th> x
(1) in paragraph (2)(A), by striking ``or Program Year 3''
and inserting ``, Program Year 3, Program Year 4, or Program
Year 5'';<greek-th> x
(2) in paragraph (3), by striking ``or Program Year 3'' and
inserting ``, Program Year 3, Program Year 4, or Program Year
5'';<greek-th> x
(3) in paragraph (6)--<greek-th> x
(A) in subparagraph (B), by striking ``and'' at the
end;<greek-th> x
(B) in subparagraph (C) by striking the period at
the end and inserting a semicolon; and<greek-th> x
(C) by adding at the end the following new
subparagraphs:<greek-th> x
``(D) for Program Year 4, the lesser of--
<greek-th> x
``(i) $17,500,000,000; and<greek-th> x
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year;<greek-th> x
``(E) for Program Year 5, the lesser of--
<greek-th> x
``(i) $20,000,000,000; and<greek-th> x
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year; and''; and<greek-th> x
(4) in paragraph (7)--<greek-th> x
(A) in subparagraph (A), by striking ``and (C)''
and inserting ``(C), (D), and (E)''; and<greek-th> x
(B) in subparagraphs (B) and (C), by striking ``or
(C)'' each place such term appears and inserting ``(C),
(D), or (E)''.<greek-th> x
(e) Coverage of Group Life Insurance.--<greek-th> x
(1) In general.--Paragraph (5) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is
amended in the matter that precedes subparagraph (A) by
inserting ``or group life'' after ``property and
casualty''.<greek-th> x
(2) Technical and conforming amendments.--The Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
<greek-th> x
(A) in section 102--<greek-th> x
(i) in paragraph (1)--<greek-th> x
(I) in subparagraph (B)(i), by
inserting ``or group life insurance''
after ``workers' compensation'';
and<greek-th> x
(II) in subparagraph (B)(ii), by
inserting ``and group life insurance''
after ``property and casualty
insurance'';<greek-th> x
(ii) in paragraph (4)--<greek-th> x
(I) by inserting ``or for group
life insurance'' after ``property and
casualty insurance''; and<greek-th> x
(II) by striking ``paragraph (5)''
and inserting ``paragraph (6)'';
<greek-th> x
(iii) in paragraph (5), by inserting ``and
group life insurance'' after ``workers'
compensation''; and<greek-th> x
(iv) in paragraph (6)--<greek-th> x
(I) in subparagraph (A)(i), by
inserting ``property and casualty or
group life'' after
``excess'';<greek-th> x
(II) in subparagraph (B), by
inserting ``or group life insurance
coverage'' after ``property and
casualty insurance
coverage'';<greek-th> x
(v) by redesignating paragraphs (5) through
(16) as paragraphs (6) through (17),
respectively; and<greek-th> x
(vi) by inserting after paragraph (4), the
following new paragraph:<greek-th> x
``(5) Group life insurance.--The term `group life
insurance' means an insurance contract that provides term life
insurance coverage, accidental death coverage, or a combination
thereof, for a number of persons under a single contract, on
the basis of a group selection of risks.'';<greek-th> x
(B) in section 103--<greek-th> x
(i) in subsection (b)(1), by inserting
``(including a named beneficiary in the case of
a group life insurance policy)'' before the
second comma;<greek-th> x
(ii) in subsection (c)--<greek-th> x
(I) in paragraph (1) (as so
redesignated by subsection (c)(3) of
this section), by inserting ``and group
life'' after ``property and casualty'';
and<greek-th> x
(II) in paragraph (2) (as so
redesignated by subsection (c)(3) of
this section), by inserting ``and group
life'' after ``property and
casualty'';<greek-th> x
(iii) in subsection (e)--<greek-th> x
(I) in paragraph (6), by striking
``For'' and inserting ``Except as
provided in subparagraph (F) of this
paragraph, for'';<greek-th> x
(II) in paragraph (6), by inserting
after subparagraph (E) (as added by
subsection (d)(3)(C) of this section)
the following new
subparagraph:<greek-th> x
``(F) for each of the periods referred to in
subparagraphs (A) through (E), the amounts provided
under such subparagraphs, as such amounts shall be
increased by the Secretary before the expiration of the
90-day period beginning on the date of the enactment of
the Terrorism Insurance Backstop Extension Act of 2004,
based on the increase in the size of the Program caused
by the inclusion of group life insurance pursuant to
such Act, in proportion to the increased premiums
involved.'';<greek-th> x
(III) in paragraph (7)(C), by
inserting ``or group life insurance''
after ``workers
compensation'';<greek-th> x
(IV) in paragraph (8)(A)(i), by
inserting ``and group life'' after
``property and casualty'';
and<greek-th> x
(V) in paragraph (8), by inserting
``or group life'' after ``property and
casualty'' each place such term appears
in subparagraphs (A)(iii) and (C);
and<greek-th> x
(iv) by striking subsection
(h);<greek-th> x
(C) in section 105(c), by inserting ``or group
life'' after ``property and casualty'';
and<greek-th> x
(D) in section 108(d)(1), by inserting ``and the
group life insurance industry'' after ``property and
casualty insurance industry''.<greek-th> x
(3) Required rulemaking.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of the
Treasury shall issue final regulations to carry out this
subsection.<greek-th> x
(f) Study on Long-Term Solutions.--Section 103 of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking
subsection (i) and inserting the following new subsection:<greek-th> x
``(h) Study on Long-Term Solutions.--By June 1, 2005, the Secretary
shall conduct a study and submit a report to the Congress on
alternatives for expanding the availability and affordability of
terrorism insurance after the termination of the Program that do not
involve a Federal financial backstop.''.<greek-th> x
(g) Termination of Program.--<greek-th> x
(1) Termination.--Subsection (a) of section 108 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is
amended by striking ``December 31, 2005'' and inserting
``December 31, 2007''.<greek-th> x
(2) Final gao study and report.--Subsection (d) of section
108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701
note) is amended by adding at the end the following new
paragraph:<greek-th> x
``(3) Final gao study and report.--The Comptroller General
of the United States shall conduct an assessment of the matters
referred to in paragraph (1) and shall submit a report to the
Congress, not later than June 30, 2007, on the results of such
study.''.<greek-th> x <greek-th> x
<greek-th> x <greek-th> x <greek-th> x
<greek-th> x | Terrorism Insurance Backstop Extension Act of 2004 - Amends the Terrorism Risk Insurance Act of 2002 to define: (1) the term "Program Year 4" as the period from January 1, 2006, through December 31, 2006; and (2) the term "Program Year 5" as the period from January 1, 2007, through December 31, 2007 (thereby extending the terrorism risk insurance program from 2005 through 2007).
Sets a deadline for the Secretary of the Treasury to make a final determination regarding: (1) the availability of group life insurance to both insurers and consumers; and (2) whether certain provisions of the Act shall be applied to providers of group life insurance.
Sunsets the Terrorism Risk Insurance Program after December 31, 2007. | {"src": "billsum_train", "title": "To extend the terrorism insurance program of the Department of the Treasury."} | 3,685 | 153 | 0.529578 | 1.515813 | 0.633824 | 2.439189 | 16.662162 | 0.844595 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Shipping Reinvestment Act
of 2009''.
SEC. 2. REPEAL OF QUALIFIED SHIPPING INVESTMENT WITHDRAWAL RULES.
(a) In General.--Section 955 of the Internal Revenue Code of 1986
(relating to withdrawal of previously excluded subpart F income from
qualified investment) is hereby repealed.
(b) Conforming Amendments.--
(1) Section 951(a)(1)(A) of the Internal Revenue Code of
1986 is amended by adding ``and'' at the end of clause (i) and
by striking clause (iii).
(2) Section 951(a)(1)(A)(ii) is amended by striking ``,
and'' at the end and inserting ``, except that in applying this
clause amounts invested in less developed country corporations
described in section 955(c)(2) (as so in effect) shall not be
treated as investments in less developed countries.''.
(3) Section 951(a)(3) of such Code (relating to the
limitation on pro rata share of previously excluded subpart F
income withdrawn from investment) is hereby repealed.
(4) Section 964(b) of such Code is amended by striking ``,
955,''.
(5) The table of sections for subpart F of part III of
subchapter N of chapter 1 of such Code is amended by striking
the item relating to section 955.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years of controlled foreign corporations ending on or
after the date of the enactment of this Act, and to taxable years of
United States shareholders in which or with which such taxable years of
controlled foreign corporations end.
SEC. 3. ONE-TIME TEMPORARY DIVIDENDS RECEIVED DEDUCTION FOR PREVIOUSLY
UNTAXED FOREIGN BASE COMPANY SHIPPING INCOME.
(a) In General.--In the case of a corporation which is a United
States shareholder and for which an election under this section is made
for the taxable year, for purposes of the Internal Revenue Code of
1986, there shall be allowed as a deduction in computing taxable income
under section 63 of such Code an amount equal to 85 percent of the cash
distributions which are received during such taxable year by such
shareholder from controlled foreign corporations to the extent that the
distributions are attributable to income--
(1) which was derived by the controlled foreign corporation
in taxable years beginning before January 1, 2005, and
(2) which would, without regard to the year earned, be
described in section 954(f) (as in effect before the enactment
of the American Jobs Creation Act of 2004).
(b) Indirect Dividends.--A rule similar to the rule of section
965(a)(2) of the Internal Revenue Code of 1986 shall apply, determined
by treating cash distributions which are so attributable as cash
dividends.
(c) Limitation.--The amount of dividends taken into account under
this section shall not exceed the amount permitted to be taken into
account under paragraphs (1), (3) (determined by substituting
``December 31, 2008'' for ``October 3, 2004''), and (4) of section
965(b) of the Internal Revenue Code of 1986, determined as if such
paragraphs applied to this section.
(d) Taxpayer Election and Designation.--For purposes of subsection
(a), a taxpayer may, on its return for the taxable year to which this
section applies--
(1) elect to apply paragraph (3) of section 959(c) of the
Internal Revenue Code of 1986 before paragraphs (1) and (2)
thereof, and
(2) designate the extent, if any, to which a cash
distribution reduces a controlled foreign corporation's
earnings and profits attributable to--
(A) foreign base company shipping income
(determined under section 954(f) of the Internal
Revenue Code of 1986 as in effect before the enactment
of the American Jobs Creation Act of 2004), or
(B) other earnings and profits.
(e) Election.--
(1) In general.--The taxpayer may elect to apply this
section to--
(A) the taxpayer's last taxable year which begins
before the date of the enactment of this Act, or
(B) the taxpayer's first taxable year which begins
during the 1-year period beginning on such date.
(2) Timing of election and one-time election.--Such
election may be made for a taxable year--
(A) only if made on or before the due date
(including extensions) for filing the return of tax for
such taxable year, and
(B) only if no election has been made under this
section or section 965 of the Internal Revenue Code of
1986 with respect to the same distribution for any
other taxable year of the taxpayer.
(f) Reduction in Benefits for Failure To Maintain Employment
Levels.--
(1) In general.--If, during the period consisting of the
calendar month in which the taxpayer first receives a
distribution described in subsection (a) and the succeeding 23
calendar months, the taxpayer does not maintain an average
employment level at least equal to the taxpayer's prior average
employment, an additional amount equal to $25,000 multiplied by
the number of employees by which the taxpayer's average
employment level during such period falls below the prior
average employment (but not exceeding the aggregate amount
allowed as a deduction pursuant to subsection (a)) shall be
taken into account as income by the taxpayer during the taxable
year that includes the final day of such period.
(2) Prior average employment.--For purposes of this
paragraph, the taxpayer's ``prior average employment'' shall be
the average number of full time equivalent employees of the
taxpayer during the period consisting of the 24 calendar months
immediately preceding the calendar month in which the taxpayer
first receives a distribution described in subsection (a).
(3) Aggregation rules.--In determining the taxpayer's
average employment level and prior average employment, all
domestic members of a controlled group (as defined in section
264(e)(5)(B) of the Internal Revenue Code of 1986) shall be
treated as a single taxpayer.
(g) Special Rules.--Rules similar to the rules of subsections (d)
and (e) and paragraphs (3), (4), and (5) of subsection (c) of section
965 of the Internal Revenue Code of 1986 shall apply for purposes of
this section.
(h) Effective Date.--This section shall apply to taxable years
ending on or after the date of the enactment of this Act. | American Shipping Reinvestment Act of 2009 - Amends the Internal Revenue Code to: (1) repeal shipping investment withdrawal tax rules; and (2) allow U.S. corporate shareholders an election to deduct dividends attributable to foreign base company shipping income received from a controlled foreign corporation. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to repeal the shipping investment withdrawal rules in section 955 and to provide an incentive to reinvest foreign shipping earnings in the United States."} | 1,470 | 61 | 0.543872 | 1.3436 | 0.912414 | 2.54902 | 25.784314 | 0.862745 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Pension
Liability Funding Reform Act of 1996''.
TITLE I--FEDERAL CONTRIBUTION TO DISTRICT OF COLUMBIA PENSION FUNDS
SEC. 101. INCREASE IN AND EXTENSION OF FEDERAL CONTRIBUTION.
(a) In General.--Section 144(a) of the District of Columbia
Retirement Reform Act (sec. 1-724(a), D.C. Code) is amended--
(1) in the matter preceding paragraph (1), by striking
``2004--'' and inserting ``2036 the following amounts:'';
(2) in paragraph (1)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1996, the sum of $34,170,000, reduced by the amount of
any reduction required under section 145(c); and
``(B) for fiscal year 1997 and each subsequent
fiscal year, the sum of $193,579,000, reduced by the
amount of any such reduction.'';
(3) in paragraph (2)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1996, the sum of $17,680,000; and
``(B) for fiscal year 1997 and each subsequent
fiscal year, the sum of $100,152,500.''; and
(4) in paragraph (3)--
(A) by striking ``as'' and inserting ``As'', and
(B) by striking ``Fund, the sum'' and all that
follows and inserting the following: ``Fund--
``(A) for each fiscal year through fiscal year
1996, the sum of $220,000; and
``(B) for fiscal year 1997 and each subsequent
fiscal year, the sum of $1,268,500.''.
(b) Conforming Amendments.--The District of Columbia Retirement
Reform Act is amended--
(1) in section 142(b)(1) (sec. 1-722(b)(1), D.C. Code), by
striking ``2004'' each place it appears in subparagraphs (A)
and (D) and inserting ``2036'';
(2) in section 142(b)(2) (sec. 1-722(b)(2), D.C. Code), by
striking ``2005'' and inserting ``2037'';
(3) in section 142(c)(1)(A) (sec. 1-722(c)(1)(A), D.C.
Code), by striking ``2003'' and inserting ``2035'';
(4) in section 144(e) (sec.1-724, D.C. Code)--
(A) by striking ``2004'' in paragraph (1) and
inserting ``2036'', and
(B) by striking paragraph (2);
(5) in section 145 (sec. 1-725, D.C. Code), by striking
``2004'' each place it appears in subsections (a)(1) and (c)(1)
and inserting ``2036''; and
(6) in section 162(d) (sec. 1-732(d)(1), D.C. Code), by
striking paragraph (5).
TITLE II--CHANGES IN RETIREMENT BENEFITS
Subtitle A--Police Officers' and Fire Fighters' Contribution
SEC. 201. INCREASE IN CONTRIBUTION.
The first sentence of subsection (d)(1) of the Policemen and
Firemen's Retirement and Disability Act (sec. 4-612(a), D.C. Code) is
amended by inserting after ``per centum'' the following: ``(or, with
respect to a member who is an officer or member of the Metropolitan
Police force or the Fire Department of the District of Columbia, 8 per
centum for each pay period which begins on or after October 1, 1996)''.
SEC. 202. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT.
Subsection (m) of the Policemen and Firemen's Retirement and
Disability Act (sec. 4-624, D.C. Code) is amended--
(1) in paragraph (2), by striking ``the Mayor shall'' and
all that follows and inserting the following: ``on January 1 of
each year (or within a reasonable time thereafter), the Mayor
shall determine the per centum change in the price index for
the preceding year by determining the difference between the
index published for December of the preceding year and the
index published for December of the second preceding year.'';
and
(2) by amending paragraph (3) to read as follows:
``(3) If (in accordance with paragraph (2)) the Mayor determines in
a year (beginning with 1997) that the per centum change in the price
index for the preceding year indicates a rise in the price index, each
annuity having a commencing date on or before September 1 of the year
shall, effective September 1 of the year, be increased by an amount
equal to--
``(A) in the case of an annuity having a commencing date on
or before September 1 of such preceding year, the per centum
change computed under paragraph (2), adjusted to the nearest
\1/10\ of 1 per centum; or
``(B) in the case of an annuity having a commencing date
after September 1 of such preceding year, a pro rata increase
equal to the product of--
``(i) \1/12\ of the per centum change computed
under paragraph (2), multiplied by
``(ii) the number of months (not to exceed 12
months, counting any portion of a month as an entire
month) for which the annuity was payable before the
effective date of the increase,
adjusted to the nearest
\1/10\ of 1 per centum.''.
SEC. 203. EQUALIZATION OF CONTRIBUTION RULES FOR FORMER RETIREES.
(a) In General.--Section 209(a)(2)(B) of the District of Columbia
Retirement Reform Act (sec. 4-625(2), D.C. Code) is amended by striking
``having a commencing date after the effective date of such
amendment.''.
(b) Repeal of Relief Allowance or Compensation Increase.--Section
301 of the District of Columbia Police and Firemen's Salary Act of 1953
(sec. 4-605, D.C. Code) is repealed.
Subtitle B--Teachers' Contribution
SEC. 211. INCREASE IN CONTRIBUTION.
The first sentence of section 1 of the Act entitled ``An Act for
the retirement of public-school teachers in the District of Columbia'',
approved August 7, 1946 (sec. 31-1221(a), D.C. Code), is amended by
inserting after ``per centum'' the following: ``(or, with respect to
each pay period which begins on or after October 1, 1996, 8 per
centum)''.
SEC. 212. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT.
Section 21(b) of the Act entitled ``An Act for the retirement of
public-school teachers in the District of Columbia'', approved August
7, 1946 (sec. 31-1241(b), D.C. Code) is amended--
(1) in paragraph (1), by striking ``The Mayor shall--'' and
all that follows and inserting the following: ``On January 1 of
each year (or within a reasonable time thereafter), the Mayor
shall determine the per centum change in the price index for
the preceding year by determining the difference between the
index published for December of the preceding year and the
index published for December of the second preceding year.'';
and
(2) by amending paragraph (2) to read as follows:
``(2) If (in accordance with paragraph (1)) the Mayor determines in
a year (beginning with 1997) that the per centum change in the price
index for the preceding year indicates a rise in the price index, each
annuity having a commencing date on or before September 1 of the year
shall, effective September 1 of the year, be increased by an amount
equal to--
``(A) in the case of an annuity having a commencing date on
or before September 1 of such preceding year, the per centum
change computed under paragraph (1), adjusted to the nearest
\1/10\ of 1 per centum; or
``(B) in the case of an annuity having a commencing date
after September 1 of such preceding year, a pro rata increase
equal to the product of--
``(i) \1/12\ of the per centum change computed
under paragraph (1), multiplied by
``(ii) the number of months (not to exceed 12
months, counting any portion of a month as an entire
month) for which the annuity was payable before the
effective date of the increase, adjusted to the nearest
\1/10\ of 1 per centum.''.
Subtitle C--Judges' Contribution
SEC. 221. INCREASE IN CONTRIBUTION.
(a) Amount of Withholding.--The first sentence of section 11-
1563(a), D.C. Code, is amended by inserting after ``per centum'' the
following: ``(or, with respect to each pay period which begins on or
after October 1, 1996, 4\1/2\ per centum)''.
(b) Computation of Retirement Salary.--Section 11-1564(d)(1), D.C.
Code, is amended by inserting after ``United States Code,'' the
following: ``with respect to services performed before October 1, 1996,
and equal to 4\1/2\ per centum of such salary, pay, or compensation
with respect to services performed on or after October 1, 1996,''.
TITLE III--EFFECTIVE DATE
SEC. 301. EFFECTIVE DATE.
The amendments made by this Act shall take effect October 1, 1996. | TABLE OF CONTENTS:
Title I: Federal Contribution to District of Columbia
Pension Funds
Title II: Changes in Retirement Benefits
Subtitle A: Police Officers' and Fire Fighters'
Contribution
Title III: Effective Date
Subtitle B: Teachers' Contribution
Subtitle C: Judges' Contribution
District of Columbia Pension Liability Funding Reform Act of1996 - Title I: Federal Contribution to District of Columbia Pension Funds - Amends the District of Columbia Retirement Reform Act to increase and extend through FY 2036 the Federal contributions to the District of Columbia Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds.
Title II: Changes in Retirement Benefits - Subtitle A: Police Officers' and Fire Fighters' Contribution
- Amends the Policemen and Firemen's Retirement and Disability Act to increase retirement contributions withheld from the basic salary of members or officers of the Metropolitan Police force or the Fire Department of the District of Columbia.
Provides for annual (currently, biannual) cost-of-living adjustments of retirement annuities for such individuals.
Repeals provisions of the District of Columbia Police and Firemen's Salary Act of 1953 regarding pension relief allowances or retirement compensation increases for certain individuals.
Subtitle B: Teachers' Contribution
- Increases retirement contributions withheld from the basic salary of District of Columbia public school teachers.
Provides for annual (currently, biannual) cost-of-living adjustments for such individuals.
Subtitle C: Judges' Contribution
- Increases retirement contributions withheld from the basic salary of District of Columbia judges.
Title III: Effective Date
- Makes this Act effective on October 1, 1996. | {"src": "billsum_train", "title": "District of Columbia Pension Liability Funding Reform Act of 1996"} | 2,393 | 367 | 0.552341 | 1.511214 | 0.557613 | 3.036697 | 6.259939 | 0.798165 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Adams National
Historical Park Act of 1998''.
(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. Adams National Historical Park.
Sec. 5. Administration.
Sec. 6. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 1946, the Secretary of the Interior, by means of the
authority provided to the Secretary under section 2 of the Act
of August 21, 1935 (16 U.S.C. 462; commonly known as the
Historic Sites, Buildings, and Antiquities Act), established
the Adams Mansion National Historic Site in Quincy,
Massachusetts.
(2) In 1952, again using the authority provided under the
Act of August 21, 1935, the Secretary enlarged the historic
site and renamed it the Adams National Historic Site.
(3) In 1972, title III of Public Law 92-272 (86 Stat. 121)
authorized the Secretary to expand the boundaries of the Adams
National Historic Site to include an additional 3.68 acres and
to acquire lands and interests in lands within the expanded
boundaries.
(4) Section 312 of the National Parks and Recreation Act of
1978 (Public Law 95-625; 92 Stat. 3479) authorized the
Secretary to accept the conveyance of the birthplaces in
Quincy, Massachusetts, of John Adams, second President of the
United States, and John Quincy Adams, sixth President of the
United States, and to administer the birthplaces as part of the
Adams National Historic Site.
(5) In 1980, Public Law 96-435 (94 Stat. 1861) authorized
the Secretary to accept the conveyance of the United First
Parish Church in Quincy, Massachusetts, the burial site of John
Adams and his wife, Abigail Adams, and John Quincy Adams and
his wife, Louisa Adams, and to administer the burial site as
part of the Adams National Historic Site.
(6) The actions described in the preceding paragraphs to
preserve for the benefit, education, and inspiration of present
and future generations of Americans the home, property,
birthplaces, and burial site of John Adams, Abigail Adams, John
Quincy Adams, and Louisa Adams, have resulted in a multi-site
unit of the National Park System with no overarching enabling
or authorizing legislation.
(7) The sites and resources associated with John Adams and
his wife, Abigail Adams, and John Quincy Adams and his wife,
Louisa Adams, deserve recognition as a national historical park
in the National Park System.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) Historical park.--The term ``historical park'' means
the Adams National Historical Park established in section 4.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ADAMS NATIONAL HISTORICAL PARK.
(a) Establishment.--In order to preserve for the benefit,
education, and inspiration of the people of the United States certain
properties in Quincy, Massachusetts, associated with John Adams, second
President of the United States, his wife, Abigail Adams, John Quincy
Adams, sixth President of the United States, and his wife, Louisa
Adams, there is established the Adams National Historical Park as a
unit of the National Park System.
(b) Boundaries.--The historical park shall be comprised of--
(1) all property owned by the National Park Service in the
Adams National Historic Site as of the date of the enactment of
this Act, as well as all property previously authorized to be
acquired by the Secretary for inclusion in the Adams National
Historic Site, as generally depicted on the map entitled
``Adams National Historical Park'', numbered NARO 386/92001,
and dated July 22, 1992; and
(2) all property authorized to be acquired for inclusion in
the historical park by this Act or other law enacted after the
date of the enactment of this Act.
(c) Visitor and Administrative Sites.--To preserve the historical
character and landscape of the main features of the historical park,
the Secretary may acquire up to 10 acres for the development of
visitor, administrative, museum, curatorial, and maintenance facilities
adjacent to or in the general proximity of the property depicted on the
map identified in subsection (b)(1).
(d) Map.--The map of the historical park shall be on file and
available for public inspection in the appropriate offices of the
National Park Service.
SEC. 5. ADMINISTRATION.
(a) In General.--The park shall be administered by the Secretary in
accordance with this Act and the provisions of law generally applicable
to units of the National Park System, including the Act of August 25,
1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service
Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.;
commonly known as the Historic Sites, Buildings, and Antiquities Act).
(b) Cooperative Agreements.--
(1) Agreements authorized.--The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the historical park.
(2) Condition.--Any payments made by the Secretary pursuant
to a cooperative agreement under this subsection shall be
subject to the condition that conversion, use, or disposal of
the project for which the payments are made for purposes
contrary to the purposes for which the historical park is
established, as determined by the Secretary, will result in a
right of the United States to reimbursement in an amount equal
to the greater of--
(A) all payments made by the Secretary in
connection with the project; or
(B) the proportion of the increased value of the
project attributable to the payments, as determined at
the time of such conversion, use, or disposal.
(c) Acquisition of Real Property.--To advance the purposes for
which the historical park is established, the Secretary may acquire
real property within the boundaries of the historical park by any of
the following methods:
(1) Purchase using funds appropriated or donated to the
Secretary.
(2) Acceptance of a donation of the real property.
(3) Use of a land exchange.
(d) Repeal of Superseded Administrative Authorities.--(1) Section
312 of the National Parks and Recreation Act of 1978 (Public Law 95-
625; 92 Stat. 3479) is amended--
(A) by striking ``(a)'' after ``Sec. 312.''; and
(B) by striking subsection (b).
(2) The first section of Public Law 96-435 (94 Stat. 1861) is
amended--
(A) by striking ``(a)'' after ``That''; and
(B) by striking subsection (b).
(e) References to Historic Site.--Any reference in any law (other
than this Act), regulation, document, record, map, or other paper of
the United States to the Adams National Historic Site shall be
considered to be a reference to the historical park.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out the purposes for which the historical park is
established, for annual operations and maintenance of the historical
park, and for acquisition of property and development of facilities
necessary to operate and maintain the historical park, as may be
outlined in an approved general management plan for the historical
park. | Adams National Historical Park Act of 1998 - Establishes as a unit of the National Park System the Adams National Historical Park in Quincy, Massachusetts, to preserve certain properties associated with John and John Quincy Adams, the second and sixth Presidents of the United States, and their wives. Requires the Park to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements for the Park's preservation, development, interpretation, and use.
Authorizes appropriations. | {"src": "billsum_train", "title": "Adams National Historical Park Act of 1998"} | 1,664 | 108 | 0.61952 | 1.640651 | 1.081439 | 3.27957 | 17.043011 | 0.892473 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First State National Historical Park
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Historical park.--The term ``historical park'' means
the First State National Historical Park established by section
3(a)(1).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Delaware.
SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK.
(a) Establishment.--
(1) In general.--Subject to paragraph (3), there is
established in the State the First State National Historical
Park, to be administered as a unit of the National Park System.
(2) Purposes.--The purposes of the historical park are to
preserve, protect, and interpret the nationally significant
cultural and historic resources in the State that are
associated with--
(A) early Dutch, Swedish, and English settlement of
the Colony of Delaware; and
(B) the role of Delaware as the first State to
ratify the Constitution.
(3) Determination by secretary.--
(A) In general.--The historical park shall not be
established until the date on which the Secretary
determines that sufficient land or interests in land
have been acquired from among the sites described in
subsection (b) to constitute a manageable park unit.
(B) Notice.--Not later than 30 days after making a
determination under subparagraph (A), the Secretary
shall publish a notice in the Federal Register of the
establishment of the historical park, including an
official boundary map for the historical park.
(C) Availability of map.--The map published under
subparagraph (B) shall be on file and available for
public inspection in the appropriate offices of the
National Park Service.
(b) Historic Sites.--The Secretary may include the following sites
in the State within the boundary of the historical park:
(1) The Old Sherriff's House in New Castle County,
Delaware.
(2) Fort Christina National Historic Landmark in New Castle
County, Delaware.
(3) Old Swedes Church National Historic Landmark in New
Castle County, Delaware.
(4) Old New Castle Courthouse in New Castle, Delaware.
(5) John Dickinson Plantation National Historic Landmark in
Kent County, Delaware.
(6) Dover Green in Kent County, Delaware.
(7) Ryves Holt House in Sussex County, Delaware.
SEC. 4. ADMINISTRATION.
(a) In General.--The Secretary shall administer the historical park
in accordance with--
(1) this Act; and
(2) the laws generally applicable to units of the National
Park System, including--
(A) the National Park System Organic Act (16 U.S.C.
1 et seq.); and
(B) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.).
(b) Land Acquisition.--
(1) In general.--The Secretary may acquire all or a portion
of any of the sites described in section 3(b), including
easements or other interests in land, by purchase from a
willing seller, donation, or exchange.
(2) Boundary adjustment.--On acquisition of land or an
interest in land under paragraph (1), the boundary of the
historical park shall be adjusted to reflect the acquisition.
(c) Interpretive Tours.--The Secretary may provide interpretive
tours to sites and resources in the State that are located outside the
boundary of the historical park and associated with the purposes for
which the historical park is established, including--
(1) Fort Casimir;
(2) DeVries Monument;
(3) Amstel House;
(4) Dutch House; and
(5) Zwaanendael Museum.
(d) Cooperative Agreements.--
(1) In general.--The Secretary may enter into a cooperative
agreement with the State, political subdivisions of the State,
institutions of higher education, nonprofit organizations, and
individuals to mark, interpret, and restore nationally
significant historic or cultural resources within the
boundaries of the historical park, if the cooperative agreement
provides for reasonable public access to the resources.
(2) Cost-sharing requirement.--
(A) Federal share.--The Federal share of the total
cost of any activity carried out under a cooperative
agreement entered into under paragraph (1) shall be not
more than 50 percent.
(B) Form of non-federal share.--The non-Federal
share may be in the form of in-kind contributions or
goods or services fairly valued.
(e) Management Plan.--
(1) In general.--Not later than 3 fiscal years after the
date on which funds are made available to carry out this
subsection, the Secretary shall complete a management plan for
the historical park.
(2) Applicable law.--The management plan shall be prepared
in accordance with section 12(b) of Public Law 91-383 (16
U.S.C. 1a-7(b)) and other applicable laws.
SEC. 5. NATIONAL LANDMARK STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this section, the Secretary shall
complete a study assessing the historical significance of additional
properties in the State that are associated with the purposes of
historical park.
(b) Requirements.--The study prepared under subsection (a) shall
include an assessment of the potential for designating the additional
properties as National Historic Landmarks.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System.
Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and Delaware's role as the first state to ratify the Constitution.
Bars the establishment of the Park until it is determined that sufficient land or interests have been acquired from among specified historic sites within the boundary of the Park to constitute a manageable park unit. Instructs the Secretary to publish a notice in the Federal Register of the Park's establishment, including an official boundary map.
Allows the the Secretary to acquire, by purchase from a willing seller, donation, or exchange, all or a part of any of such sites, including easements or other interests. Adjusts the boundary of the Park to reflect the acquisition of lands or interests in such sites.
Authorizes the Secretary to: (1) provide interpretive tours to sites and resources in Delaware located outside the Park's boundary and associated with the purposes for which the Park is established under this Act; and (2) enter into cooperative agreements with Delaware and other specified entities to mark, interpret, and restore nationally significant historic or cultural resources within the Park, if those agreements provide for reasonable public access to such resources.
Limits the federal share of the total cost of any activity carried out under such an agreement to 50% of that cost. Permits the non-federal share to be in the form of in-kind contributions or goods or services fairly valued.
Requires the completion of a management plan for the Park.
Requires completion of a study assessing the historical significance of additional properties in Delaware associated with the Park. Requires such study to include an assessment of the potential for designating such properties as National Historic Landmarks.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish the First State National Historical Park in the State of Delaware, and for other purposes."} | 1,227 | 419 | 0.624861 | 1.787439 | 0.8236 | 4.189474 | 2.971053 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Our Promise to America's
Children and Teachers Act'' or the ``Keep Our PACT Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Children are our Nation's future and greatest treasure.
(2) A high-quality education is the surest way for every
child to reach his or her full potential.
(3) The No Child Left Behind Act of 2001 represents the
most sweeping revision of education policy in a generation.
(4) The Consolidated Appropriations Act, 2005 (Pub. L. 108-
447) funded the No Child Left Behind Act of 2001 at
$24,500,000,000 ($9,800,000,000 below its 2005 authorized
level), causing 2,400,000 students not to receive the extra
Title I help they were promised.
(5) The Individuals with Disabilities Education Act
guarantees all children with disabilities a first-rate
education.
(6) The Individuals with Disabilities Education Act
committed the Congress to providing 40 percent of the national
current average per pupil expenditure for special education
students.
(7) The fiscal year Consolidated Appropriations Act, 2005
(Pub. L. 108-447) funded the Individuals with Disabilities
Education Act at $10,700,000,000, representing only 19 percent
of the national current average per pupil expenditure for
special education students and shortchanging 6,700,000 children
with disabilities.
(8) A promise made must be a promise kept.
SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001.
(a) Funding.--There are appropriated, out of any money in the
Treasury not otherwise appropriated--
(1) for fiscal year 2006, an amount that equals the
difference between the amount appropriated for fiscal year 2006
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $36,867,000,000;
(2) for fiscal year 2007, an amount that equals the
difference between the amount appropriated for fiscal year 2007
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $39,442,000,000;
(3) for fiscal year 2008, an amount that equals the
difference between the amount appropriated for fiscal year 2008
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $40,428,000,000;
(4) for fiscal year 2009, an amount that equals the
difference between the amount appropriated for fiscal year 2009
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $41,439,000,000;
(5) for fiscal year 2010, an amount that equals the
difference between the amount appropriated for fiscal year 2010
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $42,475,000,000; and
(6) for fiscal year 2011, an amount that equals the
difference between the amount appropriated for fiscal year 2011
for programs under the Elementary and Secondary Education Act
of 1965, as amended by the No Child Left Behind Act of 2001,
and $45,537,000,000.
(b) Use of Funds.--Funds appropriated under subsection (a)--
(1) shall be used to carry out the programs of the
Elementary and Secondary Education Act of 1965, as amended by
the No Child Left Behind Act of 2001; and
(2) shall be allocated among such programs in the same
ratio as funds otherwise appropriated to carry out such
programs.
SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) In General.--Section 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)), as amended by the
Individuals with Disabilities Education Improvement Act of 2004 (Public
Law 108-446), is amended to read as follows:
``(i) Mandatory Funding.--For the purpose of carrying out this
part, other than section 619, there are authorized to be appropriated,
and there are appropriated--
``(1) $13,200,000,000 for fiscal year 2006;
``(2) $15,700,000,000 for fiscal year 2007;
``(3) $18,200,000,000 for fiscal year 2008;
``(4) $20,700,000,000 for fiscal year 2009;
``(5) $23,200,000,000 for fiscal year 2010;
``(6) $25,700,000,000 for fiscal year 2011; and
``(7) for fiscal year 2012 and each subsequent fiscal year,
the amount that is the total, for all States, of the maximum
amounts described in subsection (a)(2)(B).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2005. | Keep Our Promise to America's Children and Teachers Act - Keep Our PACT Act - Makes appropriations in order to provide for the full funding of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA-NCLBA), and for the Individuals with Disabilities Education Act (IDEA).
Makes such appropriations for ESEA-NCLBA programs in amounts for each of FY 2006 through 2011 which equal the difference between other appropriations and specified amounts for each of those fiscal years.
Amends IDEA to authorize and make appropriations for: (1) each of FY 2006 through 2011 in specified amounts; and (2) for FY 2012 and each subsequent fiscal year, in the amount that is the total for all States of the maximum amounts necessary to fully fund 40 percent of the average per pupil expenditure for IDEA part B programs of assistance for education of all children with disabilities. | {"src": "billsum_train", "title": "To require full funding of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act."} | 1,049 | 198 | 0.585333 | 1.547593 | 0.8724 | 3.175141 | 5.587571 | 0.836158 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Depressed Smaller Cities Improvement
Act of 1993''.
SEC. 2. INTERAGENCY TASK FORCE ON DEPRESSED SMALLER CITIES.
(a) Establishment.--There is hereby established an interagency task
force to be known as the Interagency Task Force on Depressed Smaller
Cities (in this Act referred to as the ``Task Force'').
(b) Membership.--
(1) In general.--The Task Force shall be composed of 9
members as follows:
(A) The Secretary of Housing and Urban Development,
or the Secretary's delegate.
(B) The Secretary of Health and Human Services, or
the Secretary's delegate.
(C) The Attorney General of the United States, or
the Attorney General's delegate.
(D) The Secretary of Commerce, or the Secretary's
delegate.
(E) 5 members appointed by the Speaker of the House
of Representatives, not later than the expiration of
the 6-month period beginning on the date of the
enactment of this Act, who shall be public officials of
depressed smaller cities.
(2) Geographical diversity.--No 2 members appointed under
paragraph (1)(E) may be residents of the same State.
(c) Terms.--Members of the Task Force shall be appointed for the
life of the Task Force. Any vacancy in the Task Force shall be filled
in the manner in which the original appointment was made.
(d) Chairperson.--The Secretary of Housing and Urban Development
shall be the chairperson of the Task Force.
(e) Prohibition of Compensation.--Members of the Task Force shall
not receive pay or other compensation on account of their service on
the Task Force.
(f) Travel Expenses.--Each member of the Task Force shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
SEC. 3. DUTIES OF TASK FORCE.
(a) Study.--The Task Force shall carry out a study of the problems
affecting depressed smaller cities, including problems involving crime,
the environment, housing, labor and unemployment, education, health,
and poverty. The study shall examine and analyze Federal, State, and
local programs to alleviate such problems, the coordination or lack of
coordination among such programs, and the effectiveness and efficiency
of such programs, and shall determine the proper scope and extent of
Federal assistance and programs to reduce the problems affecting such
cities. In conducting the study, the Task Force shall consult with
officials of local governments to obtain and provide advice regarding
measures that may be implemented before the completion of the study to
alleviate such problems and to coordinate the ongoing efforts of the
local governments with the various Federal agencies.
(b) Reports.--
(1) Annual reports.--
(A) In general.--The Task Force shall submit a
report to the Committee on Banking, Finance and Urban
Affairs of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate, not less than annually until the termination of
the Task Force under section 5.
(B) Contents.--Each report shall describe the
activities of the Task Force during the previous year
in conducting the study under subsection (a) and the
findings and determinations of the Task Force resulting
from the study. Each report shall also--
(i) identify the most pervasive problems
affecting depressed smaller cities and the
extent of such problems;
(ii) describe any efforts to alleviate such
problems that the Task Force considers to have
been effective and efficient;
(iii) identify the immediate and long-term
needs of such cities in alleviating such
problems;
(iv) identify any existing Federal programs
that may be useful to such cities in
alleviating such problems;
(v) include an agenda of actions to be
taken to alleviate such problems, which
describes the priorities of such actions; and
(vi) include recommendations of the Task
Force for actions and legislation by the
Federal Government to assist State and local
governments to alleviate the problems affecting
depressed smaller cities.
(2) Final report.--Not later than the termination of the
Task Force under section 5, the Task Force shall submit to the
Committees referred to in paragraph (1)(A) a final report
describing the study conducted by the Task Force, the
activities of the Task Force, and the findings, conclusions,
and recommendations of the Task Force upon the completion of
the study.
(c) Meetings.--To carry out the study under subsection (a) and
prepare the reports under subsection (b), the Task Force shall meet not
less than quarterly in each year.
SEC. 4. IDENTIFICATION OF DEPRESSED SMALLER CITIES.
For purposes of this Act, the term ``depressed smaller city'' means
any unit of general local government that, as determined by the Task
Force for the most recent 12-month period for which statistics are
available, is classified as a municipality by the United States Bureau
of the Census, has a population of less than 50,000 and more than
5,000, and meets any 3 of the following 5 criteria:
(1) Unemployment.--The total rate of unemployment for the
unit of general local government (as determined by appropriate
available data) is 12 percent or more.
(2) Crime rate.--For the unit of general local government,
the ratio of the aggregate number of violent crimes in the unit
(according to statistics compiled by the Federal Bureau of
Investigation) to the population of the unit, is 5 percent or
greater.
(3) Lack of municipal health facilities.--The unit of
general local government does not own or operate any municipal
health facilities.
(4) Income level.--The median annual household income for
households residing in the unit of general local government (as
determined by the Bureau of the Census of the Department of
Commerce) does not exceed $15,000.
(5) Environmental problems.--The unit of general local
government has substantial environmental problems resulting
from industrial activities, as determined by the Task Force.
SEC. 5. TERMINATION.
The Commission shall terminate upon the expiration of the 3-year
period beginning on the date of the appointment of the entire
membership of the Task Force under section 2(b).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$750,000, which shall be available during fiscal years 1995, 1996, and
1997. | Depressed Smaller Cities Improvement Act of 1993 - Establishes the Interagency Task Force on Depressed Smaller Cities to study problems affecting depressed smaller cities and to determine the proper scope and extent of Federal assistance and programs to reduce the problems affecting such cities.
Authorizes appropriations. | {"src": "billsum_train", "title": "Depressed Smaller Cities Improvement Act of 1993"} | 1,403 | 65 | 0.492801 | 1.241468 | 0.595109 | 5.244898 | 26.897959 | 0.959184 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Horse Protection Amendments Act of
2013''.
SEC. 2. DEFINITION.
Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) The term `objective inspection' means an inspection
conducted using only inspection methods based on science-based
protocols (including swabbing or blood testing protocols)
that--
``(A) have been the subject of testing and are
capable of producing scientifically reliable,
reproducible results;
``(B) have been subjected to peer review; and
``(C) have received acceptance in the veterinary or
other applicable scientific community.''.
SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS,
EXHIBITIONS, OR SALES OR AUCTIONS.
(a) Findings.--Section 3 of the Horse Protection Act (15 U.S.C.
1822) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) the Inspector General of the Department of
Agriculture has determined the program through which the
Secretary inspects horses is not adequate to ensure compliance
with this Act;''.
(b) Horse Shows and Exhibitions.--Section 4(c) of the Horse
Protection Act (15 U.S.C. 1823(c)) is amended--
(1) in the first sentence, by striking ``appointment by the
management of any horse show, horse exhibition, or horse sale
or auction of persons qualified to detect and diagnose a horse
which is sore or to otherwise inspect horses for the purposes
of enforcing this Act'' and inserting ``that affiliation and
appointment'';
(2) by inserting before the first sentence, the following:
``(1) The Horse Industry Organization established under
paragraph (2) shall establish a formal affiliation with the
management of each horse sale, horse exhibition, and horse sale
or auction, appoint inspectors to conduct inspections at each
such show, exhibition, and sale or auction, and in coordination
with the Secretary, otherwise ensure compliance with this
Act.''; and
(3) by adding at the end the following new paragraph:
``(2)(A) Not later than 180 days after the date of the
enactment of this paragraph, the Secretary shall prescribe by
regulation the establishment of a single horse industry
organization (referred to in this Act as the `Horse Industry
Organization' or the `HIO'). The HIO shall be headed or
otherwise governed by not more than nine individuals appointed
in accordance with the following:
``(i) Four individuals shall be appointed by the
heads of State agencies on agriculture, two of whom
shall be appointed by the Commissioner of Agriculture
for the State of Tennessee and two of whom shall be
appointed by the Commissioner of Agriculture for the
Commonwealth of Kentucky.
``(ii) Two individuals representing the Tennessee
Walking Horse industry shall be appointed from within
such industry by the individuals appointed under clause
(i) in accordance with a process developed by the
individuals so appointed in consultation with the
Walking Horse Trainers' Association.
``(iii) Not more than three individuals shall be
appointed by the six individuals appointed under
clauses (i) and (ii).
``(B) The nine individuals appointed under clauses (i),
(ii), and (iii) of subparagraph (A) shall establish a process
for filling any vacancy and for the subsequent appointment of
individuals initially appointed under such subparagraph.
``(C) Section 14(a)(2)(B) of the Federal Advisory Committee
Act (5 U.S.C. App.; relating to the termination of advisory
committees) shall not apply to the HIO.
``(D) The Horse Industry Organization shall issue policies
establishing requirements for any person licensed by the Horse
Industry Organization or a member of the immediate family of
such a person to be free from conflicts of interest, by reason
of any association or connection with the walking horse
industry including through--
``(i) being employed by or providing any services
to any show manager, trainer, owner, or exhibitor of
Tennessee Walking horses, Spotted Saddle horses, or
Racking horses; and
``(ii) training, exhibiting, shoeing, breeding, or
selling Tennessee Walking horses, Spotted Saddle
horses, or Racking horses.
``(E) Not later than 90 days after the date on which the
Horse Industry Organization is established pursuant to this
paragraph, the Secretary shall revoke the certification issued
to any horse industry organization under section 11.7 of title
9, Code of Federal Regulations (or any successor regulation),
as in effect on such date.''.
(c) Unlawful Acts.--Section 5 of the Horse Protection Act (15
U.S.C. 1824) is amended--
(1) in paragraph (3), by striking ``appoint and retain a
person in accordance with section 4(c) of this Act'' and
inserting ``establish a formal affiliation with the Horse
Industry Organization under section 4(c)'';
(2) in paragraph (4), by striking ``appoint and retain a
qualified person in accordance with section 4(c) of this Act''
and inserting ``establish a formal affiliation with the Horse
Industry Organization under section 4(c)'';
(3) in paragraph (5), by striking ``appointed and retained
a person in accordance with section 4(c) of this Act'' and
inserting ``establish a formal affiliation with the Horse
Industry Organization under section 4(c)''; and
(4) in paragraph (6)--
(A) by striking ``appointed and retained a person
in accordance with section 4(c) of this Act'' and
inserting ``established a formal affiliation with the
Horse Industry Organization under section 4(c)''; and
(B) by striking ``such person or the Secretary''
and inserting ``a person licensed by the Horse Industry
Organization''.
SEC. 4. REGULATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary shall issue regulations to carry out the amendments
made by this Act. | Horse Protection Amendments Act of 2013 [sic] - Amends the Horse Protection Act to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Requires the Secretary of Agriculture (USDA) to establish a single Horse Industry Organization (HIO) in order to establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections, and otherwise ensure compliance with the Horse Protection Act. Directs the appointment of individuals by the Commissioners of Agriculture for Tennessee and Kentucky to govern the HIO. Requires those individuals to appoint individuals representing the Tennessee Walking Horse industry. | {"src": "billsum_train", "title": "Horse Protection Amendments Act of 2013"} | 1,435 | 200 | 0.506347 | 1.604393 | 0.627533 | 2.936709 | 8.462025 | 0.797468 |
SECTION 1. ATTORNEY GENERAL'S STANDING COMMISSION ON SEMIAUTOMATIC
ASSAULT WEAPONS.
(a) Establishment.--Not later than 30 days after the date of
enactment of this Act, the Attorney General shall establish a Standing
Commission on Semiautomatic Assault Weapons.
(b) Membership.--
(1) In general.--The Commission shall be composed of 8
members, including:
(A) The Assistant Attorney General for the Criminal
Division of the Department of Justice.
(B) The heads, or their designees, of the Federal
Bureau of Investigation, the Bureau of Alcohol,
Tobacco, and Firearms, and the Drug Enforcement Agency.
(C) Two representatives of national citizen's
organizations concerned with protecting the rights of
the law-abiding public to keep and bear arms.
(D) Two representatives of national citizen's
organizations concerned with protecting the public
safety and the needs of the Nation's law enforcement
officers.
(2) Terms.--The Commission members who are representatives
of national citizen's organizations shall serve terms of 4
years, except that the terms of the members first appointed may
be staggered to ensure that the terms of no more than 3 members
expire in any 1 year.
(3) Vacancies.--The Attorney General shall make an
appointment to fill a vacancy on the Commission not later than
30 days from the date that the vacancy occurred. An individual
chosen to fill a vacancy shall be appointed for the unexpired
term of the member replaced.
(c) Meetings.--The Commission shall meet at least twice annually,
at the call of the Attorney General and at the request of at least 3
members, based on requests for such a meeting from the public or law
enforcement entities. Each meeting of the Commission shall be open to
the public.
(d) Duties.--The Commission shall--
(1) on an ongoing basis based on input solicited from
private citizens, national organizations, and law enforcement,
make recommendations to the Attorney General for restricting
the manufacture, sale, distribution, and possession of
domestic-made semi-automatic assault weapons and large capacity
ammunition feeding devices meeting the criteria set forth in
subsection (e);
(2) establish procedures for making the recommendations
required in paragraph (1) and for identifying the nature and
extent of the restrictions recommended;
(3) conduct public hearings and meetings on recommendations
proposed by private citizens, law enforcement, and the
Commission; and
(4) together with the recommendations required in paragraph
(1), transmit to the Attorney General a report containing the
Commission's findings and conclusions based on a review and
analysis of information submitted to and collected by the
Commission.
(e) Attorney General's Duties.--
(1) Action based on recommendations.--Within 30 days of
receipt by the Attorney General of any recommendations of the
Commission, the Attorney General shall--
(A) reject the recommendations in whole of the
Commission; or
(B) accept the recommendations, in whole or in
part, of the Commission and commence a public process,
pursuant to the Administrative Procedure Act, for
issuing regulations based on the Commission's
recommendations.
(2) Effect.--(A) If the Attorney General rejects the
recommendations of the Commission pursuant to paragraph (1)(A),
recommendations with respect to the semiautomatic assault
weapons and large capacity ammunition feeding devices shall be
deemed terminated for the year in which they were transmitted
to the Attorney General.
(B) If the Attorney General accepts the recommendations of
the Commission pursuant to paragraph (1)(B), the Attorney
General shall not be bound by the recommendations, but may,
based on information received during public hearings and
through notices published in the Federal Register pursuant to
the Administrative Procedure Act--
(i) make changes in any of the recommendatins and
impose such restrictions, as the Attorney General
determines necessary; or
(ii) publish notice in the Federal Register that no
further action will be taken on the recommendations of
the Commission.
(3) Submission to congress.--Contemporaneous with
publication of final regulations in the Federal Register, the
Attorney General shall submit the recommendations of the
Department of Justice, which comprise the final regulations,
together with such regulations, to the appropriate committees
of the Congress.
(f) Effective Date of Regulations.--The effective date of
regulations issued by the Attorney General pursuant to subsection (e)
shall be 90 days after such regulations are published in the Federal
Register and submitted, together with the recommendations of the
Attorney General, to the appropriate committees of Congress.
(g) Congressional Consideration of Commission Report.--
(1) In general.--Implementation of regulations submitted to
the Congress under subsection (e) may be terminated only if a
joint resolution (described in paragraph (2)) disapproving such
regulations is enacted, in accordance with the provisions of
paragraph (3), before the end of the 90-day period beginning on
the date on which such final regulations were published in the
Federal Register and the recommendations were submitted to the
appropriate committees of Congress. For purposes of applying
the preceding sentence and paragraphs (2) and (3), the days on
which either House of Congress is not in session because of an
adjournment of more than 3 days to a day certain shall be
excluded in the computation of a period.
(2) Terms of the resolution.--A joint resolution described
in this paragraph means only a joint resolution which is
introduced within the 10-day period beginning on the date on
which the Attorney General submits recommendations and a copy
of the regulations under subsection (e) and--
(A) which does not have a preamble;
(B) the matter after the resolving clause of which
is as follows: ``That Congress disapproves the
recommendations of the Attorney General, as contained
in the regulations published by the Attorney General in
the Federal Register on ____________,'' the blank space
being filled in with the appropriate date; and
(C) the title of which is as follows: ``Joint
resolution disapproving the recommendations of the
Attorney General''.
(3) Procedures for consideration of resolution of
approval.--Subject to paragraph (4), the provisions of section
2908 (other than subsection (a)) of the Defense Base Closure
and Realignment Act of 1990 shall apply to the consideration of
a joint resolution described in paragraph (2) in the same
manner as such provisions apply to a joint resolution described
in section 2908(a) of such Act.
(4) Special rules.--For purposes of applying paragraph (3)
with respect to such provisions--
(A) any reference to the Committee on Armed
Services of the House of Representatives shall be
deemed a reference to an appropriate committee of the
House of Representatives (specified by the Speaker of
the House of Representatives at the time of submission
of recommendations under subsection (e)) and any
reference to the Committee on Armed Services of the
Senate shall be deemed a reference to an appropriate
committee of the Senate (specified by the Majority
Leader of the Senate at the time of submission of
recommendations under subsection (e)); and
(B) any reference to the date on which the
President transmits a report shall be deemed a
reference to a date on which the Attorney General
submits recommendations under subsection (e).
(h) Definitions.--
(1) Semiautomatic assault weapon.--The term ``semiautomatic
assault weapon'' means--
(A) any of the firearms, or types, replicas, or
duplicates in any caliber of the firearms known as--
(i) Norinco, Mitchell, and Poly
Technologies Avtomat Kalashnikovs (all models);
(ii) Action Arms Israeli Military
Industries UZI and Galil;
(iii) Beretta AR-70 (SC-70);
(iv) Colt AR-15 and Sporter;
(v) Fabrique Nationale FN/FAL, FN/LAR, and
FNC;
(vi) SWD M-101 M-11; M 11-9; and M-12;
(vii) INTRATEC TEC-9, TEC-DC9 and TEC-22;
and
(viii) any shotgun which contains its
ammunition in a revolving cylinder, such as but
not limited to, the Street Sweeper and Striker
12;
(B) a semiautomatic rifle that has an ability to
accept a detachable magazine and has at least 2 of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes
conspicuously beneath the action of the weapon;
(iii) a bayonet mount;
(iv) a flash suppressor or barrel having a
threaded muzzle; and
(v) a grenade launcher;
(C) a semiautomatic pistol that has an ability to
accept a detachable magazine and has at least 2 of--
(i) an ammunition magazine that attaches to
the pistol outside of the pistol grip;
(ii) a barrel having a threaded muzzle;
(iii) a shroud that is attached to, or
partially or completely encircles, the barrel
and that permits the shooter to hold the
firearm with the nontrigger hand without being
burned;
(iv) a manufactured weight of 50 ounces or
more when the pistol is unloaded; and
(v) a semiautomatic version of an automatic
firearm; and
(D) a semiautomatic shotgun that has at least 2
of--
(i) a folding or telescoping stock;
(ii) a pistol grip that protrudes
conspicuously beneath the action of the weapon;
(iii) a fixed magazine capacity in excess
of 5 rounds; and
(iv) an ability to accept a detachable
magazine.
(2) Large capacity ammunition feeding device.--The term
``large capacity ammunition feeding device'' means--
(A) a magazine, belt, drum, feed strip, or similar
device that has a capacity of, or that can be readily
restored or converted to accept, more than 10 rounds of
ammunition;
(B) any combination of parts from which a device
described in clause (i) can be assembled; but
(C) does not include an attached tubular device
designed to accept, and capable of operating only with
.22 caliber rimfire ammunition. | Directs the Attorney General to establish a Standing Commission on Semiautomatic Assault Weapons.
Requires the Commission to: (1) make recommendations to the Attorney General for restricting the manufacture, sale, distribution, and possession of domestic-made semiautomatic assault weapons and large capacity ammunition feeding devices; (2) conduct public hearings and meetings on recommendations proposed by private citizens, law enforcement, and the Commission; and (3) transmit to the Attorney General together with the required recommendations a report on its findings and conclusions.
Directs the Attorney General to: (1) reject the recommendations of the Commission in whole (in which case recommendations regarding semiautomatic assault weapons and large capacity ammunition feeding devices shall be deemed terminated for the year in which they were transmitted to the Attorney General); or (2) accept the Commission's recommendations in whole or in part, and commence a public process for issuing regulations based on such recommendations. Requires the Attorney General to submit the recommendations of the Department of Justice which comprise the final regulations, together with such regulations, to the appropriate congressional committees.
Sets forth provisions regarding: (1) the effective date of any such regulations; and (2) congressional consideration of the Commission report. | {"src": "billsum_train", "title": "A bill to provide a fair process, with maximum opportunity for public comment, that will help eradicate from this Nation those weapons for which no legitimate purpose exists and which are so lethal that they constitute an unreasonable risk to law enforcement and the public at large, while at the same time ensuring that the law-abiding public has full access to firearms created for legitimate purposes, including firearms intended for hunting and recreational use."} | 2,257 | 247 | 0.641389 | 1.950356 | 0.924251 | 4.372385 | 8.677824 | 0.949791 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sanctity of Eternal Rest for
Veterans Act of 2011'' or the ``SERVE Act of 2011''.
SEC. 2. PURPOSE AND AUTHORITY.
(a) Purpose.--The purpose of this Act is to provide necessary and
proper support for the recruitment and retention of the Armed Forces
and militia employed in the service of the United States by protecting
the dignity of the service of the members of such Forces and militia,
and by protecting the privacy of their immediate family members and
other attendees during funeral services for such members.
(b) Constitutional Authority.--Congress finds that this Act is a
necessary and proper exercise of its powers under the Constitution,
article I, section 8, paragraphs 1, 12, 13, 14, 16 and 18, to provide
for the common defense, raise and support armies, provide and maintain
a navy, make rules for the government and regulation of the land and
naval forces, and provide for organizing and governing such part of the
militia as may be employed in the service of the United States.
SEC. 3. AMENDMENT TO TITLE 18.
Section 1388 of title 18, United States Code is amended to read as
follows:
``Sec. 1388. Prohibition on disruptions of funerals of members or
former members of the armed forces
``(a) Prohibition.--For any funeral of a member or former member of
the Armed Forces that is not located at a cemetery under the control of
the National Cemetery Administration or part of Arlington National
Cemetery, it shall be unlawful for any person to engage in an activity
during the period beginning 120 minutes before and ending 120 minutes
after such funeral, any part of which activity--
``(1)(A) takes place within the boundaries of the location
of such funeral or takes place within 300 feet of the point of
the intersection between--
``(i) the boundary of the location of such funeral;
and
``(ii) a road, pathway, or other route of ingress
to or egress from the location of such funeral; and
``(B) includes any individual willfully making or assisting
in the making of any noise or diversion that is not part of
such funeral and that disturbs or tends to disturb the peace or
good order of such funeral;
``(2)(A) is within 500 feet of the boundary of the location
of such funeral; and
``(B) includes any individual willfully and without proper
authorization impeding or tending to impede the access to or
egress from such location or disrupting or tending to disrupt a
funeral procession; or
``(3) is within 500 feet of the boundary of the residence,
home or domicile of any surviving member of the deceased
person's immediate family and includes any individual willfully
making or assisting in the making of any noise or diversion
that disturbs or tends to disturb the peace of the persons
located at such location.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title or imprisoned not more than 2 years, or both.
``(c) Civil Remedies.--
``(1) District courts.--The district courts of the United
States shall have jurisdiction--
``(A) to prevent and restrain violations of this
section; and
``(B) for the adjudication of any claims for relief
under this section.
``(2) Attorney general.--The Attorney General may institute
proceedings under this section.
``(3) Claims.--Any person, including a surviving member of
the deceased person's immediate family, who suffers injury as a
result of conduct that violates this section may--
``(A) sue therefor in any appropriate United States
district court or in any court of competent
jurisdiction; and
``(B) recover damages as provided in subsection (d)
and the cost of the suit, including reasonable
attorneys' fees.
``(4) Estoppel.--A final judgment or decree rendered in
favor of the United States in any criminal proceeding brought
by the United States under this section shall estop the
defendant from denying the essential allegations of the
criminal offense in any subsequent civil proceeding brought by
a person or by the United States.
``(d) Actual and Statutory Damages.--
``(1) In general.--In addition to any penalty imposed under
subsection (b), a violator of this section is liable in an
action under subsection (c) for actual or statutory damages as
provided in this subsection.
``(2) Actions by private persons.--A person bringing an
action under subsection (c)(3) may elect, at any time before
final judgment is rendered, to recover the actual damages
suffered by him or her as a result of the violation or, instead
of actual damages, an award of statutory damages for each
violation involved in the action.
``(3) Actions by attorney general.--The Attorney General
under subsection (c)(2) is entitled to recover an award of
statutory damages for each violation involved in the action
notwithstanding any recovery under subsection (c)(3).
``(4) Statutory damages.--A court may award, as the court
considers just, statutory damages in a sum of not less than
$25,000 or more than $50,000 per violation.
``(e) Rebuttable Presumption.--It shall be a rebuttable presumption
that the violation was committed willfully for purposes of determining
relief under this section if the violator, or a person acting in
concert with the violator, did not have reasonable grounds to believe,
either from the attention or publicity sought by the violator or other
circumstance, that the conduct of such violator or person would not
disturb or tend to disturb the peace or good order of such funeral,
impede or tend to impede the access to or egress from such funeral,
disrupt or tend to disrupt to a funeral procession, or disturb or tend
to disturb the peace of any surviving member of the deceased person`s
immediate family who may be found at the residence, home or domicile of
the deceased person's immediate family on the date of the service or
ceremony.
``(f) Definitions.--In this section--
``(1) the term `Armed Forces' has the meaning given the
term in section 101 of title 10 and includes members and former
members of the National Guard who were employed in the service
of the United States; and
``(2) the term `immediate family' shall have the same
meaning given such term in section 115 of this title.''.
SEC. 4. AMENDMENT TO TITLE 38.
(a) In General.--Section 2413 of title 38, United States Code, is
amended to read as follows:
``Sec. 2413. Prohibition on certain demonstrations and disruptions at
cemeteries under control of the National Cemetery
Administration and at Arlington National Cemetery
``(a) Prohibition.--It shall be unlawful for any person--
``(1) to carry out a demonstration on the property of a
cemetery under the control of the National Cemetery
Administration or on the property of Arlington National
Cemetery unless the demonstration has been approved by the
cemetery superintendent or the director of the property on
which the cemetery is located; or
``(2) with respect to such a cemetery, to engage in an
activity during the period beginning 120 minutes before and
ending 120 minutes after a funeral, memorial service, or
ceremony is held, any part of which activity--
``(A)(i) takes place within the boundaries of such
cemetery or takes place within 300 feet of the point of
the intersection between--
``(I) the boundary of such cemetery; and
``(II) a road, pathway, or other route of
ingress to or egress from such cemetery; and
``(ii) includes any individual willfully making or
assisting in the making of any noise or diversion that
is not part of such funeral, memorial service, or
ceremony and that disturbs or tends to disturb the
peace or good order of such funeral, memorial service,
or ceremony; or
``(B)(i) is within 500 feet of the boundary of such
cemetery; and
``(ii) includes any individual willfully and
without proper authorization impeding or tending to
impede the access to or egress from such cemetery or
disrupting or tending to disrupt a funeral procession.
``(b) Penalty.--Any person who violates subsection (a) shall be
fined under title 18 or imprisoned not more than 2 years, or both.
``(c) Civil Remedies.--(1) The district courts of the United States
shall have jurisdiction--
``(A) to prevent and restrain violations of this section;
and
``(B) for the adjudication of any claims for relief under
this section.
``(2) The Attorney General of the United States may institute
proceedings under this section.
``(3) Any person, including a surviving member of the deceased
person's immediate family, who suffers injury as a result of conduct
that violates this section may--
``(A) sue therefor in any appropriate United States
district court or in any court of competent jurisdiction; and
``(B) recover damages as provided in subsection (d) and the
cost of the suit, including reasonable attorneys' fees.
``(4) A final judgment or decree rendered in favor of the United
States in any criminal proceeding brought by the United States under
this section shall estop the defendant from denying the essential
allegations of the criminal offense in any subsequent civil proceeding
brought by a person or by the United States.
``(d) Actual and Statutory Damages.--(1) In addition to any penalty
imposed under subsection (b), a violator of this section is liable in
an action under subsection (c) for actual or statutory damages as
provided in this subsection.
``(2) A person bringing an action under subsection (c)(3) may
elect, at any time before final judgment is rendered, to recover the
actual damages suffered by him or her as a result of the violation or,
instead of actual damages, an award of statutory damages for each
violation involved in the action.
``(3) The Attorney General under subsection (c)(2) is entitled to
recover an award of statutory damages for each violation involved in
the action notwithstanding any recovery under subsection (c)(3).
``(4) A court may award, as the court considers just, statutory
damages in a sum of not less than $25,000 or more than $50,000 per
violation.
``(e) Rebuttable Presumption.--It shall be a rebuttable presumption
that the violation of subsection (a)(2) was committed willfully for
purposes of determining relief under this section if the violator, or a
person acting in concert with the violator, did not have reasonable
grounds to believe, either from the attention or publicity sought by
the violator or other circumstance, that the conduct of such violator
or person would not--
``(1) disturb or tend to disturb the peace or good order of
such funeral, memorial service, or ceremony; or
``(2) impede or tend to impede the access to or egress from
such funeral, memorial service, or ceremony; or
``(3) disrupt or tend to disrupt a funeral procession.
``(f) Definitions.--In this section--
``(1) the term `demonstration' includes--
``(A) any picketing or similar conduct;
``(B) any oration, speech, use of sound
amplification equipment or device, or similar conduct
that is not part of a funeral, memorial service, or
ceremony;
``(C) the display of any placard, banner, flag, or
similar device, unless such a display is part of a
funeral, memorial service, or ceremony; and
``(D) the distribution of any handbill, pamphlet,
leaflet, or other written or printed matter other than
a program distributed as part of a funeral, memorial
service, or ceremony; and
``(2) the term `immediate family' shall have the same
meaning given such term in section 115 of title 18.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of such title is amended by striking the item relating to
section 2413 and inserting the following new item:
``2413. Prohibition on certain demonstrations and disruptions at
cemeteries under control of the National
Cemetery Administration and at Arlington
National Cemetery.''. | Sanctity of Eternal Rest for Veterans Act of 2011 or SERVE Act of 2011 - Amends the federal criminal code concerning the prohibition on disruptions of funerals of members or former members of the Armed Forces to increase the period covered under such prohibition from one to two hours before and after a military funeral. Includes within such unlawful conduct any disturbance or disruption occurring within 500 feet of the residence of a surviving member of a deceased's immediate family. Provides civil remedies, including actual and statutory damages.
Makes identical changes under federal veterans' provisions concerning the prohibition on certain demonstrations and disruptions at national cemeteries, including Arlington National Cemetery. | {"src": "billsum_train", "title": "To guarantee that military funerals are conducted with dignity and respect."} | 2,763 | 144 | 0.583347 | 1.70294 | 0.710774 | 2.756303 | 21.731092 | 0.823529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Worker Incentive Act of
1999''.
SEC. 2. NATIONAL CHILD CARE PROVIDER SCHOLARSHIP PROGRAM.
(a) Establishment of Program.--Section 658G of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended--
(1) by inserting ``(a) In General.--'' before ``A State'';
and
(2) by adding at the end the following:
``(b) Child Care Provider Scholarship Program.--
``(1) State plan requirement.--In order to be eligible for
funds under section 658J(a)(2), a State shall include in its
plan under section 658E a child care provider scholarship
program plan, meeting the requirements of this subsection,
designed to further the goals of child care provider
recruitment, training, credentialing, and retention.
``(2) Eligibility criteria for scholarship applicants.--The
State plan shall provide that, in order for an individual to be
eligible for a scholarship grant under this subsection, the
following requirements shall be met:
``(A) Demonstrated commitment to child care
career.--The individual--
``(i) shall be a child care worker who is
(or is employed by) a licensed or registered
child care provider, or has a commitment for
employment from a licensed or registered child
care provider; and
``(ii) shall agree in writing to continue
to be employed in the field of child care for
at least one year after receiving the training
for which assistance is provided.
``(B) Cost sharing by applicant.--
``(i) In general.--The individual (either
as provided in clause (ii) or otherwise) shall
provide for payment, in cash or in kind, of a
share of the cost of the education or training.
``(ii) Application for pell grants.--In the
case of an application for a scholarship
intended for use in an educational institution
participating in the Pell Grant program under
title IV of the Higher Education Act, the
individual shall apply for a grant under such
program for which the individual is eligible.
``(C) Employer requirements.--In the case of an
individual employed by (or who has a commitment for
employment from) a licensed or registered child care
provider the individual's employer shall--
``(i) pay a share of the cost of the
education or training; and
``(ii) agree to provide increased financial
incentives to the individual, such as a salary
increase or bonus, when the individual
completes the education or training.
``(3) Qualifying educational institutions.--The State plan
shall specify the types of educational and training programs
for which scholarships granted under the State program may be
used, which shall be limited to (but may include any or all)
programs that--
``(A) are administered by institutions of higher
education that are eligible to participate in student
financial assistance programs under title IV of the
Higher Education Act of 1965; and
``(B) lead to a State or national credential in
child care or early childhood or early childhood
special education, or to an associate or bachelor's
degree in child development or early childhood
education.
``(4) Annual maximum scholarship grant amount.--The maximum
amount of a scholarship awarded to an eligible individual under
this section may not exceed $1,500 per year.
``(5) Supplementation of other funding.--The State plan
shall contain assurances that Federal funds provided to the
State under this subsection will not be used to supplant
Federal or non-Federal funds for existing services and
activities that promote the purposes of this subsection.''.
(b) Authorization of Appropriations.--Section 658B of the Child
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is
amended
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following:
``(b) Child Care Provider Scholarship Program.--There is authorized
to be appropriated to carry out section 658G(b) $50,000,000 for each of
fiscal years 2000 through 2004.''.
(c) Allotment.--Section 658O of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858m) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``this
subchapter'' and inserting ``each subsection of section
658B''; and
(B) in paragraph (2) by striking ``section 658B''
and inserting ``section 658B(a)'';
(2) in subsection (b)(1) in the matter preceding
subparagraph (A), by inserting ``each subsection of'' before
``section 658B''; and
(3) in subsection (e)(1) by striking ``the allotment under
subsection (b)'' and inserting ``an allotment under subsection
(b)''.
(d) Payments.--Section 658J(a) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858h) is amended--
(1) by inserting ``(1)'' before ``Subject''; and
(2) by adding at the end the following:
``(2) A State described in paragraph (1) whose plan under section
658E provides for a child care scholarship program under section
658G(b) shall be entitled to payment under this section in an amount
equal to the lesser of its allotment under section 658O or 80 percent
of expenditures by the State for such program.''.
(e) Annual Report.--Section 658K(a)(2) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended--
(1) in subparagraph (D) by striking ``and'' at the end;
(2) in subparagraph (E) by adding ``and'' at the end; and
(3) by inserting after subparagraph (E) the following:
``(F) the child care scholarship program,
including--
``(i) the number of child care workers
receiving scholarship grants;
``(ii) the amount of each scholarship
grant;
``(iii) the number of course credits or
credentials completed by individuals receiving
scholarships;
``(iv) the number and percentage of child
care workers receiving scholarship grants in
the previous year who fulfilled their 1-year
commitment; and
``(v) such other data as the Secretary may
require.''.
SEC. 3. APPLICATION OF AMENDMENTS.
The amendments made by this Act shall not apply with respect to
fiscal years beginning before the date of the enactment of this Act. | Child Care Worker Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a national child care provider scholarship program.
Sets forth eligibility criteria for scholarship applicants, including: (1) demonstrated commitment to a child care career; (2) cost sharing by the applicant and employer; and (3) the employer's agreement to provide increased financial incentives to the employee upon completion of the education or training.
Includes such program under requirements for State plans, allotments, payments, and annual reports.
Authorizes appropriations. | {"src": "billsum_train", "title": "Child Care Worker Incentive Act of 1999"} | 1,545 | 117 | 0.623402 | 1.588082 | 0.598899 | 2.805556 | 12.814815 | 0.824074 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers' Healthcare Benefits
and Rehabilitation Enhancement Act of 2007''.
SEC. 2. IMPROVEMENTS TO MEDICAL AND DENTAL CARE FOR RECOVERING SERVICE
MEMBERS.
(a) In General.--Chapter 55 of title 10, United States Code, is
amended by inserting after section 1074k the following new section:
``SEC. 1074L. MANAGEMENT OF MEDICAL AND DENTAL CARE FOR RECOVERING
SERVICE MEMBERS.
``(a) Medical Care Managers.--(1) The Secretary of Defense shall
assign a medical care manager to each recovering service member.
``(2)(A) The duties of the medical care manager shall include the
following with respect to the recovering service member:
``(i) To assist in understanding the recovering service
member's medical status.
``(ii) To assist in receiving prescribed medical care.
``(iii) To conduct a review, at least once a week, of the
recovering service member's medical status.
``(B) The weekly medical status review described in subparagraph
(A)(iii) shall be conducted in person with--
``(i) in the case the recovering service member is not
incapacitated, the recovering service member; or
``(ii) in the case the recovering service member is
incapacitated--
``(I) in the case a family member of the recovering
service member is available, such family member; or
``(II) in the case a family member of the
recovering service member is not available, an
independent service member advocate from a veterans
service organization.
``(3) Each medical care manager shall not be assigned at any one
time to manage more than 17 recovering service members.
``(4)(A) The Secretary of Defense shall establish a standard
training and certification program and curriculum for medical care
managers.
``(B) Successful completion of the training program and annual
certification shall be required before a person may assume the duties
of a medical care case manager.
``(b) Caseworkers.--(1) The Secretary of Defense shall assign a
caseworker to each recovering service member.
``(2) The duties of a caseworker shall include assisting each such
recovering service member and their family members in obtaining all the
information necessary for the following:
``(A) The recovery of such recovering service member from
an injury or illness.
``(B) The transition of such recovering service member to
civilian life or to other duties within the Department of
Defense.
``(C) The receipt of benefits to which such recovering
service member is entitled under the laws administered by the
Secretary of Defense.
``(3) Each caseworker shall not be assigned at any one time to
manage more than 34 recovering service members.
``(4)(A) The Secretary of Defense shall establish a standard
training and certification program and curriculum for caseworkers.
``(B) Successful completion of the training program and annual
certification shall be required before a person may assume the duties
of a caseworker.
``(5) Each caseworker shall report to the department-wide Ombudsman
Office established by section 3 of the Servicemembers' Healthcare
Benefits and Rehabilitation Enhancement Act of 2007.
``(c) Independent Service Member Advocates.--The Secretary of
Defense shall work to expand access to veterans service organizations
to provide independent service member advocates to recovering service
members that--
``(1) do not report to the Secretary of Defense;
``(2) advise recovering service members on issues related
to the medical records and service records of such recovering
service members; and
``(3) provide recovering service members with such
information as may be necessary for such recovering service
members to prepare for reviews by physical evaluation boards.
``(d) Definitions.--In this section:
``(1) The term `family member', with respect to a
recovering service member, has the meaning given that term in
section 411h(b) of title 37.
``(2) The term `physical disability evaluation system'
means the Department of Defense system or process for
evaluating the nature of and extent of disabilities affecting
members of the armed forces (other than the Coast Guard) and
comprised of medical evaluation boards, physical evaluation
boards, counseling of members, and final disposition by
appropriate personnel authorities, as operated by the
Secretaries concerned, and, in the case of the Coast Guard, a
similar system or process operated by the Secretary of Homeland
Security.
``(3) The term `recovering service member' means a member
of the armed forces, including a member of the National Guard
or a Reserve, who is undergoing medical treatment,
recuperation, or therapy, or is otherwise in medical hold or
holdover status, for an injury, illness, or disease incurred or
aggravated while on active duty in the armed forces.
``(4) The term `veterans service organization' means any
organization organized by the Secretary of Veterans Affairs for
the representation of veterans under section 5902 of title
38.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1074l. Management of medical and dental care for recovering service
members.''.
SEC. 3. ESTABLISHMENT OF OMBUDSMAN OFFICE FOR ENTIRE DEPARTMENT OF
DEFENSE.
(a) Establishment.--The Secretary of Defense shall establish within
the Office of the Secretary of Defense a department-wide Ombudsman
Office (in this subsection referred to as the ``Ombudsman Office'').
(b) Functions.--The functions of the Ombudsman Office established
under subsection (a) are--
(1) to provide policy guidance to, and oversight of, the
ombudsman offices in the military departments; and
(2) to monitor the medical system of the Department of
Defense, including the following:
(A) The physical disability evaluation system.
(B) The caseworkers, medical care managers, and
independent advocates described in section 1074l of
title 10, United States Code, as added by section 2 of
this Act.
(C) The condition of health care treatment
facilities of the Department of Defense.
(D) The transition of care for recovering service
members from care provided by the Department of Defense
to care provided by the Department of Veterans Affairs.
SEC. 4. IMPROVEMENT OF PHYSICAL DISABILITY EVALUATION SYSTEM, SCHEDULE
FOR RATING DISABILITIES, AND DISABILITY RETIREMENT
EVALUATION.
(a) Improvement of Physical Disability Evaluation System.--Section
1222 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(d) Efforts to Improve Speed and Efficiency of Physical
Disability Evaluation System.--(1) The Secretary of Defense shall
undertake efforts to improve the speed and efficiency of the physical
disability evaluation system.
``(2) The Secretary of Defense shall place the physical evaluation
boards of each military department under one command to make the
physical disability evaluation system more expeditious.
``(3) In this subsection, the term `physical disability evaluation
system' means the Department of Defense system or process for
evaluating the nature of and extent of disabilities affecting members
of the armed forces (other than the Coast Guard) and comprised of
medical evaluation boards, physical evaluation boards, counseling of
members, and final disposition by appropriate personnel authorities, as
operated by the Secretaries concerned, and, in the case of the Coast
Guard, a similar system or process operated by the Secretary of
Homeland Security.''.
(b) Joint Report on Modernization of the Schedule for Rating
Disabilities in Use by Department of Veterans Affairs.--Not later than
180 days after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the appropriate committees of Congress
a plan to update the schedule for rating disabilities in use by the
Department of Veterans Affairs to reflect the effects of mental health
disorders, including traumatic brian injury and post-traumatic stress
disorder, on the modern workforce.
(c) Retirement or Separation for Physical Disability.--
(1) In general.--Chapter 61 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1223. Members with multiple disabilities
``In making a determination under this chapter, the Secretary
concerned shall consider all of the disabilities, injuries, illnesses,
or disease of a member incurred or aggravated while on active duty and
consider the cumulative severity of all of those disabilities,
injuries, illnesses, or diseases.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 61 is amended by adding at the end the
following new item:
``1223. Members with multiple disabilities.''.
(d) Prioritization of Retirement Processing.--The Secretary of
Defense shall establish a system for the prioritization of processing
the separation of members of the Armed Forces. Such system shall place
the highest priority on recovering service members.
(e) No Reduction in Disability Rating.--Once a disability rating is
assigned by an informal physical evaluation board, the Secretary of
Defense may not reduce such rating upon appeal.
SEC. 5. ESTABLISHMENT OF MEDICAL RECORD DATABASE.
(a) In General.--The Secretary of Defense shall establish a medical
record database to track and record the medical status of all members
of the Armed Forces.
(b) Database Design.--To the extent practicable, the database
established under subsection (a) shall be substantially the same as the
Computerized Patient Record System of the Department of Veterans
Affairs' Veterans Health Information Systems and Technology
Architecture (VistA).
(c) Access to Department of Defense Medical Record Database by
Department of Veterans Affairs.--The Secretary of Defense shall make
such system accessible to the Department of Veterans Affairs through
the Joint Patient Tracking Application of the Department of Defense.
(d) Privacy and Security.--The Secretary of Defense shall--
(1) ensure that the system conforms with all applicable
privacy laws; and
(2) take appropriate measures to ensure the security of the
system.
(e) Tracking of Members of the Armed Forces and Veterans With
Traumatic Brain Injury.--
(1) Members of the armed forces.--The Secretary of Defense
shall use the system established under subsection (a) to track
members of the Armed Forces who have been diagnosed with
traumatic brain injury.
(2) Veterans.--The Secretary of Veterans Affairs shall use
the Veterans Health Information Systems and Technology
Architecture (VistA) to track veterans who have been diagnosed
with traumatic brain injury.
SEC. 6. ASSESSING THE MENTAL HEALTH OF MEMBERS OF THE ARMED FORCES
BEFORE AND AFTER DEPLOYMENT IN A COMBAT THEATER.
(a) In General.--The Secretary of Defense shall assess the mental
health of each member of the Armed Forces who is deployed to a combat
theater, or who the Secretary expects to deploy to a combat theater, at
least once during--
(1) the 240-day period beginning 120 days before the date
on which a member is deployed in a combat theater;
(2) the 60-day period beginning on the date that such
member returns from deployment in a combat theater; and
(3) the predischarge physical of such member.
(b) Testing of Neurocognitive Functioning.--A mental health
assessment provided to a member in accordance with subsection (a)(1)
shall test the neurocognitive functioning of such member.
(c) Testing for Traumatic Brain Injury.--A mental health assessment
provided to a member in accordance with paragraphs (2) and (3) of
subsection (a) shall include a comprehensive screening for mild,
moderate, and severe cases of traumatic brain injury.
SEC. 7. REPORT ON ACCESS TO PRIVATE HEALTH CARE.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense and the Secretary of Veterans Affairs
shall submit to the appropriate committees of Congress a report
detailing plans to increase the role of eligible private sector
rehabilitation providers in the provision of comprehensive post acute
inpatient and outpatient rehabilitation by the Department of Veterans
Affairs to members and former members of the Armed Forces with
traumatic brain injury or post-traumatic stress disorder when the
Department is unable to provide such services without the assistance.
SEC. 8. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT WOUNDED
SERVICE MEMBERS.
(a) Notification Required.--Chapter 55 of title 10, United States
Code, is further amended by inserting after section 1074l, as added by
section 2 of this Act, the following new section:
``Sec. 1074m. Notification to Congress of hospitalization of combat
wounded members
``(a) Notification Required.--The Secretary concerned shall provide
to the appropriate Members of Congress notification of the
hospitalization of any recovering service member (within the meaning of
section 1074l(d)(3) of this title) evacuated from a theater of combat
to allow such Members of Congress to provide such recovering service
member with assistance if necessary.
``(b) Appropriate Members.--In this section, the term `appropriate
Members of Congress', with respect to the member of the armed forces
about whom notification is being made, means the Senators and the
Members of the House of Representatives representing the States or
districts, respectively, that include the member's home of record and,
if different, the residence of the next of kin, or a different location
as provided by the member.
``(c) Consent of Member Required.--The notification under
subsection (a) may be provided only with the consent of the member of
the armed forces about whom notification is to be made. In the case of
a member who is unable to provide consent, information and consent may
be provided by next of kin.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1074m. Notification to Congress of hospitalization of combat wounded
members.''.
SEC. 9. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committees on Armed Services and Veterans'
Affairs of the Senate; and
(B) the Committees on Armed Services and Veterans'
Affairs of the House of Representatives.
(2) Physical disability evaluation system.--The term
``physical disability evaluation system'' means the Department
of Defense system or process for evaluating the nature of and
extent of disabilities affecting members of the Armed Forces
(other than the Coast Guard) and comprised of medical
evaluation boards, physical evaluation boards, counseling of
members, and final disposition by appropriate personnel
authorities, as operated by the Secretaries of the military
departments, and, in the case of the Coast Guard, a similar
system or process operated by the Secretary of Homeland
Security.
(3) Recovering service member.--The term ``recovering
service member'' means a member of the Armed Forces, including
a member of the National Guard or a Reserve, who is undergoing
medical treatment, recuperation, or therapy, or is otherwise in
medical hold or holdover status, for an injury, illness, or
disease incurred or aggravated while on active duty in the
Armed Forces.
(4) Combat theater.--The term ``combat theater'' means the
geographical area outside the continental United States
required by combat and support forces for the conduct of
military operations.
(5) Neurocognitive.--The term ``neurocognitive'' means of,
relating to, or involving the central nervous system and
cognitive or information processing abilities (thinking,
memory, and reasoning), as well as sensory processing (sight,
hearing, touch, taste, and smell), and communication
(expression and understanding). | Servicemembers' Healthcare Benefits and Rehabilitation Enhancement Act of 2007 - Directs the Secretary of Defense to: (1) assign a medical care manager and a caseworker to each member of the Armed Forces who is undergoing medical treatment, recuperation, or therapy, or is otherwise in a medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty (recovering member); and (2) undertake efforts to improve the speed and efficiency of the Department of Defense (DOD) physical disability evaluation system.
Requires the Secretary of Veterans Affairs to submit to the congressional defense and veterans' committees a plan to update the disability ratings schedule of the Department of Veterans Affairs (VA) to reflect the effects on the modern workforce of mental health disorders, including traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD).
Directs the Secretary of Defense to: (1) establish a system for the prioritization of processing the separation of members; (2) establish a medical record database to track and record the medical status of all members (and make such system accessible to the VA); (3) assess, both before and after, the mental health of each member who is deployed, or is expected to be deployed, to a combat theater; and (4) report, along with the Secretary of Veterans Affairs, on plans to increase the role of private providers in the provision of rehabilitation to members and former members with TBI or PTSD when the VA is unable to provide such services.
Requires the: (1) Secretary of the military department concerned to notify the appropriate Members of Congress of the hospitalization of any recovering member evacuated from a theater of combat; and (2) recovering member to consent to such notification. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to improve the management of medical care for members of the Armed Forces, to improve the speed and efficiency of the physical disability evaluation system of the Department of Defense, and for other purposes."} | 3,519 | 369 | 0.586643 | 1.633077 | 0.687753 | 4.315942 | 9.350725 | 0.947826 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Loss Mitigation Act of 2001''.
SEC. 2. MITIGATION FOR AND PURCHASE OF CERTAIN REPETITIVE LOSS
STRUCTURES.
The National Flood Insurance Act of 1968 is amended by inserting
after section 1361 (42 U.S.C. 4102) the following new section:
``mitigation for and purchase of certain repetitive loss structures
``Sec. 1362. (a) Authority.--To the extent amounts are made
available for use under this section, the Director may, subject to the
limitations of this section--
``(1) carry out mitigation activities that reduce flood
damages to qualified repetitive loss structures (as such term
is defined in subsection (e)); and
``(2) purchase qualified repetitive loss structures, but
only for public or open space use that is consistent with sound
land management and use policies.
``(b) Limitations.--The Director shall establish limitations on the
use of amounts made available under this section for mitigation and
purchase of structures, which shall--
``(1) be designed to encourage owners of structures to
maintain participation in the national flood insurance program;
and
``(2) include limitations that prohibit use of such amounts
for mitigation or purchase of any qualified repetitive loss
structure if--
``(A) as a result of such action, the owner of the
structure will not be able to purchase a replacement
residence;
``(B) any of the flooding that resulted in
designation of the structure as a qualified repetitive
loss structure was a result (in whole or in part) of
third party development;
``(C) such action will interfere with, impair, or
disrupt the preservation or maintenance of historically
or architecturally significant properties or areas or
identifiable neighborhoods or areas of cultural
cohesiveness;
``(D) in purchasing the structure, the owner relied
upon flood insurance rate maps of the Federal Emergency
Management Agency that were current at the time and did
not indicate that the property was located in an area
having special flood hazards; or
``(E) the Director otherwise determines, in the
discretion of the Director, that amounts under this
section should not be used for mitigation or purchase
of such structure.
``(c) Priority for Worst-Case Properties.--In determining the
properties for which to take action under this section, the Director
shall give priority to qualified repetitive loss structures on the
basis of the amount of losses to the National Flood Insurance Fund that
such structures have caused or will cause.
``(d) Borrowing.--
``(1) Issuance of obligations.--Subject to the provisions
of this subsection, the Director may issue and sell such notes
or other obligations to the Secretary of the Treasury as the
Director determines are necessary to provide funds to carry out
this section.
``(2) Terms and conditions.--Obligations under this
subsection shall be issued in the forms and denominations,
bearing the maturities, and subject to the terms and conditions
that the Secretary of the Treasury may prescribe.
``(3) Notification to congress.--At least 25 days before
the issuance or sale of a note or other obligation under
paragraph (1), the Director shall notify, in writing, the
Senate and the House of Representatives of the intention of
such issuance or sale and the dollar amount of such notes or
obligations.
``(4) Purchase of obligations.--The Secretary of the
Treasury shall purchase any obligations issued under this
subsection. For such purpose, the Secretary of the Treasury may
use as a public debt transaction the proceeds from the sale of
any securities issued under chapter 31 of title 31. The
purposes for which securities may be issued under such chapter
are extended to include any purchase of obligations issued
under this subsection.
``(5) Limitation on amount.--The Secretary of the Treasury
may not at any time purchase any obligations under this
subsection if the purchase would increase the aggregate
principal amount of the outstanding holdings of obligations
under this subsection by the Secretary to an amount greater
than $300,000,000.
``(6) Resale authority.--The Secretary of the Treasury may
sell any obligations issued under this subsection at the times
and prices and upon the terms and conditions that the Secretary
of the Treasury shall determine.
``(7) Treatment.--All purchases, redemptions, and sales of
obligations under this subsection by the Secretary of the
Treasury shall be treated as public debt transactions of the
United States.
``(e) Qualified Repetitive Loss Structure.--For purposes of this
section (and sections 1310(g) and 1316(b)), the term `qualified
repetitive loss structure' means a structure that has incurred such
flood-related damage as the Director shall, by regulation, provide in
accordance with the purposes of such sections.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated for costs of activities under this section $100,000,000
for fiscal year 2002, $75,000,000 for fiscal year 2003, $50,000,000 for
fiscal year 2004, and $25,000,000 for fiscal year 2005.''.
SEC. 3. TREATMENT OF SAVINGS.
Section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C.
4017) is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``and'' at the
end;
(B) in paragraph (8), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(9) for use under subsection (g) of this section.''; and
(2) by adding at the end the following new subsection:
``(g) Use of Mitigation Savings.--
``(1) Determination.--For each fiscal year, the Director
shall make a determination of the portion of the amounts in the
fund that are attributable to savings from mitigation
activities and purchases under section 1362 of qualified
repetitive loss structures (as such term is defined in
subsection (e) of such section).
``(2) Use for mitigation.--In each fiscal year, an amount
in the fund equal to the amount determined under paragraph (1)
of this subsection shall be available (in accordance with
subsection (f)) only for mitigation activities for, and
purchase of, qualified repetitive loss structures under section
1362, except as provided in paragraph (3).
``(3) Use for mapping.--After a determination by the
Director that 75 percent of the number of qualified repetitive
loss structures that existed upon the enactment of the Flood
Loss Mitigation Act of 2001 have been provided mitigation that
sufficiently reduces the risk of losses from flooding, or have
been purchased for public or open space use that is consistent
with sound land management and use policies, the Director may
use up to 75 percent of the amount reserved in each fiscal year
under paragraph (2) of this subsection for costs of mapping
activities under section 1360.''.
SEC. 4. INELIGIBILITY FOR NATIONAL FLOOD INSURANCE PROGRAM.
Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C.
4023) is amended--
(1) by striking the section heading and inserting the
following:
``prohibition of coverage for certain properties'';
(2) by inserting ``(a) Properties in Violation of State or
Local Law.--'' after ``1316.''; and
(3) by adding at the end the following new subsections:
``(b) Qualified Repetitive Loss Structures.--In the case of a
qualified repetitive loss structure (as such term is defined in section
1362(e)) that was the subject of an offer to purchase or to provide
mitigation activities funded under section 1362 that was refused by the
owner of the property, the Director may--
``(1) deny the provision of any new flood insurance
coverage under this title for such property and may cancel any
existing coverage for such property; or
``(2) notwithstanding section 1308(e) or any other
provision of this title, increase the chargeable risk premium
rate for any new flood insurance coverage under this title for
such property to an amount that is not more than the applicable
estimated risk premium rate for the property under section
1307(a)(1).
``(c) Properties for Which Fraudulent Claims Have Been Made.--The
Director may deny the provision of any new flood insurance coverage
under this title, and may cancel any existing coverage, for a property
if the Director determines that the owner of the property has made
fraudulent claims for losses to the property under coverage provided
under this title.
``(d) Appeals.--Any owner of a property who is aggrieved by a
determination of the Director under subsection (b) or (c) may appeal
such determination by filing, with the Director, a request for an
appeal within 90 days after receiving notice of such determination.
Upon receiving the request, the Director shall select, from a list of
independent third parties compiled by the Director for such purpose, a
party to hear such appeal. The determination made on appeal by such
third party shall considered a final determination of the Director for
purposes of review under chapter 7 of title 5, United States Code.''. | Flood Loss Mitigation Act of 2001 - Amends the National Flood Insurance Act of 1968 to authorize the Director of the Federal Emergency Management Agency to: (1) carry out mitigation activities that reduce flood damages to qualified repetitive loss structures; and (2) purchase such structures, but only for public or open space use that is consistent with sound land management and use policies.Requires the Director to determine for each fiscal year the portion of amounts in the National Flood Insurance Fund attributable to savings from such activities and purchases, which shall be available for such activities and purchases in that fiscal year. Allows the Director, after determining that 75 percent of such existing qualified repetitive loss structures have been provided mitigation that sufficiently reduces the risk of losses from flooding or have been purchased, to use up to 75 percent of the amount reserved for such activities and purchases for the costs of mapping activities.Allows the Director, in cases of such structures whose owners refused purchase or mitigation offers: (1) to deny the provision of new flood insurance coverage and to cancel existing coverage; or (2) to increase the chargeable risk premium rate for new coverage to an amount that is not more than the applicable estimated risk premium rate. Allows the Director to deny or cancel existing coverage for properties for which fraudulent claims have been made. Permits appeals by owners aggrieved by any such determinations. | {"src": "billsum_train", "title": "To amend the National Flood Insurance Act of 1968 to provide for identification, mitigation, and purchase of properties insured under the national flood insurance program that suffer repetitive losses."} | 2,002 | 284 | 0.666711 | 2.168161 | 0.860562 | 4.312977 | 7.270992 | 0.954198 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limiting Inhumane Federal Trapping
Act''.
SEC. 2. PROHIBITION OF USE OF BODY-GRIPPING TRAPS BY PERSONNEL AND ON
LANDS OF THE DEPARTMENTS OF THE INTERIOR AND AGRICULTURE.
(a) Prohibitions.--Except as provided in subsection (b)--
(1) no personnel of the Department of the Interior or the
Department of Agriculture may, in performance of their duties,
use, recommend, train regarding the use of, or plan for use of,
any body-gripping trap; and
(2) no person shall use or possess any body-gripping trap
on property under the administrative jurisdiction of the
Department of the Interior or the Department of Agriculture,
without regard to whether the person is employed by, or working
under a contract with, the Department of the Interior or the
Department of Agriculture.
(b) Exceptions.--
(1) Limitation on application.--
(A) In general.--Subsection (a) shall not apply
with respect to use of a body-gripping trap to--
(i) control documented, invasive species to
achieve resource management objectives where
alternative methods have failed; or
(ii) protect a species that is--
(I) listed as an endangered species
or threatened species under the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
(II) treated by the Forest Service
as a sensitive species.
(B) Conditions.--
(i) In general.--Subparagraph (A) shall not
apply unless--
(I) such use of a body-gripping
trap is in accordance with applicable
State and Federal law;
(II) prior to use of a body-
gripping trap, all available and viable
nonlethal methods for such control or
protection, respectively, are
attempted; and
(III) such attempts are documented
in writing, and such documentation is
maintained at the headquarters of the
department that employs the individual
engaging in such attempt.
(ii) Nonlethal methods described.--For
purposes of clause (i)(II), the term
``nonlethal methods''--
(I) except as provided in subclause
(II), includes exclusions or barriers,
harassment and scaring devices, and
other methods that do not result in the
death of target or nontarget species;
and
(II) does not include any body-
gripping device.
(2) Training.--Subsection (a)(1) shall not apply with
respect to training in the dismantling of body-gripping traps
that have been illegally placed.
(3) Indian country.--Subsection (a)(2) shall not apply with
respect to use of a body-gripping trap in the Indian country.
(c) Penalties.--
(1) Knowing violations.--Any person who knowingly violates
or fails to comply with this Act or any regulation issued under
this Act shall be fined under title 18, United States Code, or
imprisoned for not more than 1 year, or both.
(2) Other violations.--Any person who otherwise violates or
fails to comply with this Act or any such regulation shall be
fined under title 18, United States Code, or imprisoned not
more than 180 days, or both.
(d) Definitions.--In this section:
(1) Body-gripping trap.--The term ``body-gripping trap''--
(A) except as provided in subparagraph (B), means
any device that is intended to kill or capture an
animal by physically restraining any part of the animal
on land or in an aquatic environment, including any--
(i) spring traps, including steel-jaw,
padded, enclosed and dog-proof, or other
modified foothold or leghold traps;
(ii) kill-type trap, including Conibear and
body-crushing traps;
(iii) snare traps, including foot snares
and strangling neck snares; and
(iv) modified version of any such a trap;
and
(B) does not include any--
(i) cage or box trap; or
(ii) suitcase-type live beaver trap.
(2) Indian country.--The term ``Indian country'' has the
meaning given that term under section 1151 of title 18, United
States Code.
(3) Personnel.--The term ``personnel'' includes individuals
employed by, working under a contract or cooperative agreement
with, or otherwise collaborating with the Department of the
Interior or the Department of Agriculture.
(e) ANILCA Not Affected.--Nothing in this Act is intended or shall
be construed to conflict with the Alaska National Interests Lands
Conservation Act (16 U.S.C. 3101 et seq.).
(f) Stricter State Laws Not Affected.--This section shall not be
construed to preempt or limit any requirement of any law or regulation
of a State or political subdivision of a State, that--
(1) is more restrictive than the requirements of this
section; or
(2) creates penalties for conduct regulated by this
section. | Limiting Inhumane Federal Trapping Act This bill prohibits any personnel of the Department of the Interior or the Department of Agriculture (USDA), in performing their duties, from using, recommending, training in the use of, or planning for the use of, any body-gripping trap used to kill or capture an animal. This prohibition does not apply to training in the dismantling of body-gripping traps that have been illegally placed. No person shall use or possess any body-gripping trap on property under the administrative jurisdiction of Interior or USDA, except in Indian country, regardless of whether the person is employed by, or is working under a contract with, Interior or USDA. Such prohibitions shall not apply to the use of a body-gripping trap to: control documented, invasive species to achieve resource management objectives where alternative methods have failed; or protect a species that is listed as an endangered or threatened species or treated by the Forest Service as a sensitive species. Such exceptions shall not apply unless: such use of a body-gripping trap is in accordance with state and federal law; prior to using such a trap, all available and viable nonlethal methods for such control or protection have been attempted; and such attempts have been documented in writing, and the documentation is maintained at the headquarters of the department that employs the individual engaging in such attempt. The bill imposes criminal penalties for violating the prohibitions in this bill. | {"src": "billsum_train", "title": "Limiting Inhumane Federal Trapping Act"} | 1,164 | 309 | 0.780117 | 2.283264 | 0.831908 | 4.293907 | 3.594982 | 0.903226 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Mynisha's Law''.
SEC. 2. FINDINGS.
Congress finds--
(1) with an estimated 24,500 gangs operating within the
United States, gang violence and drug trafficking remain
serious problems throughout the country, causing injury and
death to innocent victims, often children;
(2) on November 13, 2005, a gang-related dispute broke out
in San Bernardino, California, and gunfire sprayed an apartment
building, killing 11-year old Mynisha Crenshaw and seriously
wounding her 14-year old sister as they ate Sunday dinner with
their family;
(3) this tragic shooting symbolizes the struggle that so
many communities across the United States, like San Bernardino,
face in combating gang violence, and serves as a reminder of
the nationwide problem of protecting children from senseless
violence;
(4) according to the National Drug Threat Assessment,
criminal street gangs are responsible for the distribution of
much of the cocaine, methamphetamine, heroin, and other illegal
drugs throughout the United States;
(5) the Federal Government has made an increased commitment
to the suppression of gang violence through enhanced law
enforcement and criminal penalties; and
(6) more Federal resources and coordination are needed to
reduce gang violence through proven and proactive prevention
and intervention programs that focus on keeping at-risk youth
in school and out of the criminal justice system.
SEC. 3. DESIGNATION AS A COMPREHENSIVE GANG PREVENTION AND RELIEF AREA.
(a) In General.--A unit of local government, city, county, tribal
government, or a group of counties (whether located in 1 or more
States) may submit an application to the Attorney General for
designation as a Comprehensive Gang Prevention and Relief Area.
(b) Criteria.--
(1) In general.--The Attorney General shall establish
criteria for evaluating applications submitted under subsection
(a) and for selecting areas for designation as Comprehensive
Gang Prevention and Relief Areas.
(2) Considerations.--In establishing criteria under
subsection (a) and evaluating an application for designation as
a Comprehensive Gang Prevention and Relief Area, the Attorney
General shall consider--
(A) the current and predicted levels of gang crime
activity in the area;
(B) the extent to which violent crime in the area
appears to be related to criminal gang activity;
(C) the extent to which the area is already engaged
in local or regional collaboration regarding, and
coordination of, gang prevention activities; and
(D) such other criteria as the Attorney General
determines to be appropriate.
SEC. 4. INTERAGENCY GANG PREVENTION TASK FORCE.
(a) In General.--In order to coordinate Federal assistance to
Comprehensive Gang Prevention and Relief Areas, the Attorney General
shall establish an Interagency Gang Prevention Task Force (in this Act
referred to as the ``Task Force''), consisting of a representative
from--
(1) the Department of Justice;
(2) the Department of Education;
(3) the Department of Labor;
(4) the Department of Health and Human Services; and
(5) the Department of Housing and Urban Development.
(b) Coordination.--For each Comprehensive Gang Prevention and
Relief Area designated by the Attorney General under section 3, the
Task Force shall--
(1) coordinate the activities of the Federal Government to
create a comprehensive gang prevention response, focusing on
early childhood intervention, at-risk youth intervention,
literacy, employment, community policing, and comprehensive
community-based programs such as Operation Cease Fire; and
(2) coordinate its efforts with local and regional gang
prevention efforts.
(c) Programs.--The Task Force shall prioritize the needs of
Comprehensive Gang Prevention and Relief Areas for funding under--
(1) the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858 et seq.);
(2) the Even Start programs under subpart 3 of part B of
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6381 et seq.);
(3) the Healthy Start Initiative under section 330H of the
Public Health Services Act (42 U.S.C. 254c-8);
(4) the Head Start Act (42 U.S.C. 9831 et seq.);
(5) the 21st Century Community Learning Centers program
under part B of title IV of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7171 et seq.);
(6) the Job Corps program under subtitle C of title I of
the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.);
(7) the community development block grant program under
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.);
(8) the Gang Resistance Education and Training projects
under subtitle X of title III of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13921);
(9) any program administered by the Office of Community
Oriented Policing Services;
(10) the Juvenile Accountability Block Grant program under
part R of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3796ee et seq.);
(11) the Edward Byrne Memorial Justice Assistance Grant
Program under subpart 1 of part E of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
seq.); and
(12) any other program that the Task Force determines to be
appropriate.
(d) Reporting Requirements.--
(1) In general.--Not later than February 1 of each year,
the Task Force shall submit to Congress and the Attorney
General a report on the funding needs and programmatic outcomes
for each area designated as a Comprehensive Gang Prevention and
Relief Area.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) an evidence-based analysis of the best
practices and outcomes among the areas designated as
Comprehensive Gang Prevention and Relief Areas; and
(B) an analysis of the adequacy of Federal funding
to meet the needs of each area designated as a
Comprehensive Gang Prevention and Relief Area and, if
the Task Force identifies any programmatic shortfalls
in addressing gang prevention, a request for new
funding or reprogramming of existing funds to meet such
shortfalls.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to meet any needs identified by the Task Force as necessary
to achieve the purposes of this Act. | Mynisha's Law - Authorizes any local or tribal government or a group of counties to submit an application to the Attorney General for designation as a Comprehensive Gang Prevention and Relief Area. Directs the Attorney General to: (1) establish criteria for reviewing such applications and for selecting areas for designation; and (2) establish an Interagency Gang Prevention Task Force. Directs the Task Force to: (1) coordinate government activities to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; (2) coordinate with local and regional gang prevention efforts; and (3) prioritize the needs of Comprehensive Gang Prevention and Relief Areas for funding under specified federal community assistance and grant programs. | {"src": "billsum_train", "title": "To provide Federal coordination and assistance in preventing gang violence."} | 1,461 | 170 | 0.605418 | 1.911915 | 0.859709 | 5.570513 | 8.519231 | 0.955128 |
SECTION 1. SIMPLIFICATION OF EARNED INCOME CREDIT.
(a) General Rule.--Section 32 of the Internal Revenue Code of 1986
(relating to earned income credit) is amended by striking subsections
(a) and (b) and inserting the following:
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the
credit percentage of so much of the taxpayer's earned income
for the taxable year as does not exceed $5,714.
``(2) Limitation.--The amount of the credit allowable to a
taxpayer under paragraph (1) for any taxable year shall not
exceed the excess (if any) of--
``(A) the credit percentage of $5,714, over
``(B) the phaseout percentage of so much of the
adjusted gross income (or, if greater, the earned
income) of the taxpayer for the taxable year as exceeds
$9,000.
``(b) Percentages.--For purposes of subsection (a)--
``(1) In general.--Except as otherwise provided in this
subsection--
``In the case of an The phaseout
eligible individual with: The credit percentage is: percentage is:
1 qualifying child......... 23.0...................... 16.43
2 qualifying children...... 29.0...................... 20.71
3 or more qualifying 23.56
children.................. 33.01.....................
``(2) Transitional percentages.--In the case of a taxable
year beginning in 1993:
``In the case of an The phaseout
eligible individual with: The credit percentage is: percentage is:
1 qualifying child......... 18.5...................... 13.21
2 qualifying children...... 23.5...................... 16.78
3 or more qualifying
children.................. 28.5...................... 20.35''
(b) Conforming Amendments.--
(1) Paragraph (2) of section 32(f) is amended by striking
``subsection (b)'' each place it appears and inserting
``subsection (a)(2)''.
(2) Subparagraph (B) of section 32(i)(2) is amended--
(A) by striking ``subsection (b)(1)'' in clause (i)
and inserting ``subsection (a)'', and
(B) by striking ``subsection (b)(1)(B)(ii)'' in
clause (ii) and inserting ``subsection (a)(2)''.
(3) Paragraph (3) of section 162(l) is amended to read as
follows:
``(3) Coordination with medical deduction.--Any amount paid
by a taxpayer for insurance to which paragraph (1) applies
shall not be taken into account in computing the amount
allowable to the taxpayer as a deduction under section
213(a).''
(4) Section 213 is amended by striking subsection (f).
(5) Subparagraph (B) of section 3507(c)(2) is amended by
striking clauses (i) and (ii) and inserting the following:
``(i) of not more than the percentage (in
effect under section 32(a)(1) for an eligible
individual with 1 qualifying child) of earned
income not in excess of the amount of earned
income taken into account under section
32(a)(1), which
``(ii) phases out between the amount of
earned income at which the phaseout begins
under subsection (a)(2) of section 32 and the
amount of earned income at which the credit
under section 32 is phased out under such
subsection for an individual with 1 qualifying
child, or''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992.
SEC. 2. REQUIRED EXPLANATION OF ADVANCE PAYMENT PROVISIONS.
(a) General Rule.--Section 3507 of the Internal Revenue Code of
1986 is amended by adding at the end thereof the following new
subsection:
``(f) Required Explanation of Advance Payment Provisions.--The
Secretary shall include with any refund of an overpayment of tax made
to an individual eligible for the credit provided by section 32--
``(1) an explanation of the provisions of this section, and
``(2) a copy of the form to be used in furnishing an earned
income eligibility certificate to the individual's employer.''
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on December 31, 1993. | Amends the Internal Revenue Code to allow as an earned income credit an amount equal to the credit percentage of so much of the taxpayer's income for the taxable year as does not exceed $5,714, subject to a phaseout of the current percentage limits. Eliminates the consideration of the health insurance credit for self-employed individuals as part of the computation of the earned income credit. Makes such changes effective beginning with taxable years after 1992.
Directs the Secretary of the Treasury to include certain information to the taxpayer as part of a refund of an overpayment of the earned income credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code to simplify the earned income credit."} | 995 | 125 | 0.555758 | 1.32988 | 0.597005 | 3.19469 | 7.982301 | 0.823009 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Landscape Restoration Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage the collaborative, science-
based ecosystem restoration of priority forest landscapes through a
process that--
(1) encourages ecological, economic, and social
sustainability;
(2) leverages local resources with national and private
resources;
(3) facilitates the reduction of wildfire management costs,
including through reestablishing natural fire regimes and
reducing the risk of uncharacteristic wildfire; and
(4) demonstrates the degree to which--
(A) various ecological restoration techniques--
(i) achieve ecological health objectives;
and
(ii) affect wildfire activity and
management costs; and
(B) the use of forest restoration byproducts can
offset treatment costs while benefitting rural
economies and improving forest health.
SEC. 3. DEFINITIONS.
In this Act:
(1) Covered federal lands.--The term ``covered Federal
lands'' means Federal lands under the jurisdiction of the
Bureau of Land Management and National Forest System lands.
(2) Fund.--The term ``Fund'' means the Collaborative Forest
Landscape Restoration Fund established by section 4(g).
(3) Program.--The term ``program'' means the Collaborative
Forest Landscape Restoration Program established under section
4(a).
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture,
acting jointly.
SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) Establishment.--The Secretary of the Interior and the Secretary
of Agriculture, acting jointly, shall establish a Collaborative Forest
Landscape Restoration Program to select and fund ecological restoration
treatments for priority forest landscapes in accordance with applicable
law.
(b) Compliance With Existing Laws.--All activities carried out
under the program shall be carried out in compliance with section 7 of
the Endangered Species Act of 1973 (16 U.S.C. 1536) and the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(c) Eligibility Criteria.--To be eligible for nomination under
subsection (d) for selection and funding under the program, a
collaborative forest landscape restoration proposal shall--
(1) be based on a landscape restoration strategy that--
(A) is complete or substantially complete;
(B) identifies and prioritizes ecological
restoration treatments for a 10-year period across a
landscape that is--
(i) at least 50,000 acres;
(ii) comprised primarily of forested
covered Federal lands, but may also include
other Federal, State, tribal, or private land;
(iii) in need of active ecosystem
restoration; and
(iv) accessible by existing or proposed
wood-processing infrastructure at an
appropriate scale to use woody biomass and
small-diameter wood removed in ecological
restoration treatments;
(C) incorporates--
(i) the best available science and
scientific application tools in ecological
restoration strategies; and
(ii) the requirements for old-growth
maintenance, restoration, and management
direction of paragraphs (2), (3), and (4) of
subsection (f) and the requirements for large-
tree retention of subsection (f) of section 102
of Public Law 108-148 (16 U.S.C. 6512); and
(D) does not include the establishment of permanent
roads;
(2) be developed and implemented through a collaborative
process that--
(A) includes multiple interested persons
representing diverse interests;
(B) is transparent and nonexclusive or meets the
requirements for a resource advisory committee under
section 205 of Public Law 106-393 (16 U.S.C. 500 note);
and
(C) has an established record of successful
planning and implementation of ecological restoration
projects on covered Federal lands;
(3) describe plans to--
(A) use fire for ecological restoration and
maintenance, where appropriate;
(B) improve fish and wildlife habitat, including
for endangered, threatened, and sensitive species;
(C) maintain or improve water quality;
(D) prevent, remediate, or control invasions of
exotic species;
(E) maintain or decommission roads;
(F) use woody biomass and small-diameter trees
produced from projects implementing the landscape
restoration strategy;
(G) report annually on performance, including
through performance measures from the plan entitled the
``10 Year Comprehensive Strategy Implementation Plan''
and dated December 2006;
(H) develop small business incubators and provide
employment and training opportunities to people in
rural communities, including contracts for monitoring
activities, through--
(i) local private, nonprofit, or
cooperative entities;
(ii) Youth Conservation Corps crews or
related partnerships, with State, local, and
non-profit youth groups;
(iii) small or micro-businesses; or
(iv) other entities that will hire or train
a significant percentage of local people to
complete such contracts; and
(I) take into account any applicable community
wildfire protection plan (as defined in section 101 of
Public Law 108-148 (16 U.S.C. 6511));
(4) analyze the anticipated cost savings resulting from--
(A) reduced wildfire management costs; and
(B) a decrease in the unit costs of implementing
ecological restoration treatments over time;
(5) estimate--
(A) the annual Federal funding necessary to
implement the proposal; and
(B) the amount of new non-Federal investment for
carrying out the proposal that would be leveraged by
Federal funding for ecological restoration treatments;
and
(6) be subject to any other requirements that the
Secretaries determines to be necessary for the efficient and
effective administration of the program.
(d) Nomination Process.--
(1) Submission.--A collaborative forest landscape
restoration proposal shall be submitted to the Director of the
Bureau of Land Management for each State in which the covered
Federal lands included in the proposal are located and to the
Regional Forester for the Forest Service Region in which the
covered Federal lands included in the proposal are located.
(2) Nomination.--A State Director of the Bureau of Land
Management or a Regional Forester may nominate collaborative
forest landscape restoration proposals for selection by the
Secretaries.
(3) Documentation.--With respect to each collaborative
forest landscape restoration proposal that is nominated under
paragraph (2)--
(A) the State Director of the Bureau of Land
Management or Regional Forester making the nomination
shall--
(i) include a proposal to use Federal funds
allocated to the State Director of the Bureau
of Land Management or Regional Forester to fund
those costs of planning and carrying out
ecological restoration treatments on covered
Federal lands consistent with the landscape
restoration strategy that would not be covered
by amounts transferred to the Secretaries from
the Fund; and
(ii) provide evidence that amounts proposed
to be transferred to the Secretaries from the
Fund during the first 2 years following
selection would be used to carry out ecological
restoration treatments consistent with the
landscape restoration strategy during the same
fiscal year in which the funds are transferred
to the Secretaries; and
(B) if the collaborative forest landscape
restoration proposal includes activities that would be
carried out on land that is not under the jurisdiction
of the Secretaries, the State Director of the Bureau of
Land Management or Regional Forester making the
nomination shall provide evidence that the owner of the
non-covered Federal land intends to participate in, and
provide appropriate funding to carry out, the
activities on the non-covered Federal land.
(e) Selection Process.--
(1) In general.--After consulting with any scientific and
technical advisory panels established under subsection (f), the
Secretaries shall, subject to paragraph (2), select the best
collaborative forest landscape restoration proposals that--
(A) have been nominated under subsection (d)(2);
and
(B) meet the eligibility criteria established by
subsection (c).
(2) Criteria.--In selecting collaborative forest landscape
restoration proposals under paragraph (1), the Secretaries
shall give special consideration to--
(A) the strength of the ecological case of the
proposal for landscape restoration and the proposed
restoration strategies;
(B) the strength of the collaborative process;
(C) whether the proposal would reduce the relative
costs of carrying out treatments as a result of the use
of woody biomass and small-diameter trees;
(D) whether the proposal is likely to achieve
reductions in long-term wildfire management costs;
(E) the strength of the landscape restoration
proposal and strategy; and
(F) whether an appropriate level of non-Federal
investment would be leveraged in carrying out the
proposal.
(3) Limitation.--The Secretaries may select not more than--
(A) 10 collaborative forest landscape restoration
proposals to be funded during any fiscal year; and
(B) 2 collaborative forest landscape restoration
proposals in any 1 region of the National Forest System
to be funded during any fiscal year.
(f) Advisory Panels.--
(1) Scientific advisory panel.--The Secretaries shall
establish a scientific advisory panel comprised of not more
than 12 experts in ecological forest restoration and fire
ecology to evaluate, and provide recommendations on, any
proposal that has been nominated under subsection (d)(2) and
meets the eligibility criteria established by subsection (c)
with respect to--
(A) the strength of the ecological case of the
proposal for landscape restoration and the proposed
restoration strategies; and
(B) whether the proposal is likely to achieve
reductions in long-term wildfire management costs.
(2) Technical advisory panel.--The Secretaries may
establish a technical advisory panel comprised of experts in
rural business development and the use of woody biomass and
small-diameter trees to evaluate, and provide recommendations
on, any proposal that has been nominated under subsection
(d)(2) and meets the eligibility criteria established by
subsection (c) with respect to whether the proposal is likely
to reduce the relative costs of carrying out treatments as a
result of the use of woody biomass and small-diameter trees and
provide local economic benefit.
(g) Collaborative Forest Landscape Restoration Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the ``Collaborative
Forest Landscape Restoration Fund'', to be used to pay up to 50
percent of the cost of carrying out ecological restoration
treatments on covered Federal lands for each collaborative
forest landscape restoration proposal selected to be carried
out under subsection (e), consisting of--
(A) such amounts as are appropriated to the Fund
under paragraph (5); and
(B) any interest earned on investment of amounts in
the Fund under paragraph (3).
(2) Expenditures from fund.--On request by the Secretaries,
the Secretary of the Treasury shall transfer from the Fund to
the Secretaries such amounts as the Secretaries determines are
necessary to carry out ecological restoration treatments under
paragraph (1).
(3) Accounting and reporting system.--The Secretaries shall
establish an accounting and reporting system for the Fund.
(4) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $40,000,000 for each of fiscal
years 2008 through 2018, to remain available until expended.
(h) Program Implementation and Monitoring.--
(1) Work plan.--Not later than 180 days after the date on
which a collaborative forest landscape restoration proposal is
selected to be carried out, the Secretaries shall create, in
collaboration with the interested persons, an implementation
work plan and budget to implement the collaborative forest
landscape restoration proposal that includes--
(A) a description of the manner in which the
proposal would be implemented to achieve ecological and
community economic benefit, including capacity building
to accomplish restoration;
(B) a business plan that addresses--
(i) the anticipated unit treatment cost
reductions over 10 years;
(ii) the anticipated costs for
infrastructure needed for the proposal;
(iii) the projected sustainability of the
supply of woody biomass and small-diameter
trees removed in ecological restoration
treatments; and
(iv) the projected local economic benefits
of the proposal; and
(C) documentation of the non-Federal investment in
the priority landscape, including the sources and uses
of the investments.
(2) Project implementation.--Amounts transferred to the
Secretaries from the Fund shall be used to carry out ecological
restoration treatments that are--
(A) consistent with the landscape restoration
proposal and strategy; and
(B) identified through the collaborative process
described in subsection (c)(2).
(3) Annual report.--The Secretaries, in collaboration with
interested persons, shall prepare an annual report on the
accomplishments of each selected collaborative forest landscape
restoration proposal that includes--
(A) a description of all acres (or other
appropriate unit) treated and restored through projects
implementing the landscape restoration strategy;
(B) an evaluation of progress, including
performance measures and how prior year evaluations
have contributed to improved project performance;
(C) a description of community benefits achieved,
including any local economic benefits;
(D) the results of the multiparty monitoring,
evaluation, and accountability process under paragraph
(4); and
(E) a summary of the costs of--
(i) treatments; and
(ii) relevant fire management activities.
(4) Multiparty monitoring.--The Secretaries, in
collaboration with interested persons, shall use a multiparty
monitoring, evaluation, and accountability process to assess
the positive or negative ecological, social, and economic
effects of each project implementing a selected collaborative
forest landscape restoration proposal for not less than 15
years after project implementation commences.
(i) Report.--Not later than 5 years after the first fiscal year in
which funding is made available to carry out ecological restoration
projects under the program, and every 5 years thereafter, the
Secretaries shall submit a report on the program, including an
assessment of whether, and to what extent, the program is fulfilling
the purposes of this Act, to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Natural Resources of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives. | Forest Landscape Restoration Act - Directs the Secretary of Agriculture to establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes.
Sets forth provisions concerning the eligibility criteria for, and nomination and selection of, collaborative forest landscape restoration proposals for carrying out such treatments.
Requires the Secretary to establish a scientific advisory panel to evaluate, and provide recommendations on, any proposal with respect to: (1) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies; and (2) whether the proposal is likely to achieve reductions in long-term wildfire management costs.
Authorizes the Secretary to establish a technical advisory panel to evaluate, and provide recommendations on, any proposal with respect to whether the proposal is likely to reduce the relative costs of carrying out treatments resulting from the use of woody biomass and small-diameter trees and to provide local economic benefit.
Establishes the Collaborative Forest Landscape Fund, to be used for paying up to 50% of the cost of carrying out ecological restoration treatments on National Forest System land for each proposal selected.
Requires: (1) creation of implementation work plans and budgets to implement proposals; (2) submission of annual reports on the accomplishments of selected proposals; (3) use of a multiparty monitoring, evaluation, and accountability process to assess the ecological, social, and economic effects of projects implementing proposals; and (4) submission of reports every five years on the Program. | {"src": "billsum_train", "title": "To encourage the collaborative, science-based ecosystem restoration of priority forest landscapes on Federal lands under the jurisdiction of the Bureau of Land Management and the Forest Service through a joint Collaborative Forest Landscape Restoration Program, and for other purposes."} | 3,003 | 305 | 0.64826 | 1.840994 | 0.811278 | 4.631944 | 10.163194 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beaches Environmental Assessment,
Closure, and Health Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Nation's beaches are a valuable public resource
used for recreation by millions of people annually;
(2) the beaches of coastal States are hosts to many out-of-
State and international visitors;
(3) tourism in the coastal zone generates billions of
dollars annually;
(4) increased population has contributed to the decline in
the environmental quality of coastal waters;
(5) pollution in coastal waters is not restricted by State
and other political boundaries;
(6) coastal States have different methods of testing the
quality of coastal recreation waters, providing varying degrees
of protection to the public;
(7) the adoption of consistent criteria by coastal States
for monitoring the quality of coastal recreation waters, and
the posting of signs at beaches notifying the public during
periods when the standards are exceeded, would enhance public
health and safety; and
(8) while the adoption of such criteria will enhance public
health and safety, exceedances of such criteria should be
addressed, where feasible, as part of a watershed approach to
effectively identify and eliminate sources of pollution.
(b) Purpose.--The purpose of this Act is to require uniform
criteria and procedures for testing, monitoring, and posting of coastal
recreation waters at beaches open for use by the public to protect
public safety and improve environmental quality.
SEC. 3. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY
STATES.
(a) General Rule.--A State shall adopt water quality criteria for
coastal recreation waters which, at a minimum, are consistent with the
criteria published by the Administrator under section 304(a)(1) of the
Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) not later
than 3\1/2\ years following the date of the enactment of this Act. Such
water quality criteria shall be developed and promulgated in accordance
with the requirements of section 303(c) of the Federal Water Pollution
Control Act (33 U.S.C. 1313(c)). A State shall incorporate such
criteria into all appropriate programs into which such State would
incorporate other water quality criteria adopted under such section
303(c) and revise such criteria not later than 3 years following the
date of publication of revisions by the Administrator under section
4(b) of this Act.
(b) Failure of States To Adopt.--If a State has not complied with
subsection (a) by the last day of the 3\1/2\-year period beginning on
the date of the enactment of this Act, the water quality criteria
issued by the Administrator under section 304(a)(1) of the Federal
Water Pollution Control Act shall become applicable as the water
quality criteria for coastal recreational waters for the State, and
shall be deemed to have been promulgated by the Administrator pursuant
to section 303(c)(4).
SEC. 4. REVISIONS TO WATER QUALITY CRITERIA.
(a) Studies.--After consultation with appropriate Federal, State,
and local officials, including local health officials, and other
interested persons, but not later than the last day of the 3-year
period beginning on the date of the enactment of this Act, the
Administrator shall conduct, in cooperation with the Under Secretary of
Commerce for Oceans and Atmosphere, studies to provide additional
information to the current base of knowledge for use in developing--
(1) a more complete list of potential health risks,
including effects to the upper respiratory system;
(2) better indicators for directly detecting or predicting
in coastal recreational waters the presence of pathogens which
are harmful to human health; and
(3) more expeditious methods (including predictive models)
for detecting in coastal recreation waters the presence of
pathogens which are harmful to human health.
(b) Revised Criteria.--Based on the results of the studies
conducted under subsection (a), the Administrator, after consultation
with appropriate Federal, State, and local officials, including local
health officials, shall issue, within 5 years after the date of the
enactment of this Act (and review and revise from time to time
thereafter, but in no event less than once every 5 years) revised water
quality criteria for pathogens in coastal recreation waters that are
harmful to human health, including a revised list of indicators and
testing methods.
SEC. 5. COASTAL BEACH WATER QUALITY MONITORING.
Title IV of the Federal Water Pollution Control Act (33 U.S.C.
1341-1345) is amended by adding at the end thereof the following new
section:
``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING.
``(a) Monitoring.--Within 18 months after the date of enactment of
this section, the Administrator shall publish and revise regulations
requiring monitoring of, and specifying available methods to be used by
States to monitor, coastal recreation waters at beaches open for use by
the public for compliance with applicable water quality criteria for
those waters and protection of the public safety. Monitoring
requirements established pursuant to this subsection shall, at a
minimum--
``(1) specify the frequency of monitoring based on the
periods of recreational use of such waters;
``(2) specify the frequency of monitoring based on the
extent and degree of use during such periods;
``(3) specify the frequency and location of monitoring
based on the proximity of coastal recreation waters to known or
identified point and nonpoint sources of pollution and in
relation to storm events;
``(4) specify methods for detecting levels of pathogens
that are harmful to human health and for identifying short-term
increases in pathogens that are harmful to human health in
coastal recreation waters, including in relation to storm
events; and
``(5) specify the conditions and procedures under which
discrete areas of coastal recreation waters may be exempted by
the Administrator from the monitoring requirements of this
subsection, if the Administrator determines that an exemption
will not impair--
``(A) compliance with the applicable water quality
criteria for those waters; and
``(B) protection of the public safety.
``(b) Notification Requirements.--Regulations published pursuant to
subsection (a) shall require States to provide prompt notification to
local governments and the public of exceedance of applicable water
quality criteria for State coastal recreation waters or the immediate
likelihood of such an exceedance. Notification pursuant to this
subsection shall include, at a minimum--
``(1) prompt communication of the occurrence, nature, and
extent of such an exceedance, or the immediate likelihood of
such an exceedance based on predictive models to a designated
official of a local government having jurisdiction over land
adjoining the coastal recreation waters for which an exceedance
is identified; and
``(2) posting of signs for the period during which the
exceedance continues, sufficient to give notice to the public
of an exceedance of applicable water quality criteria for such
waters and the potential risks associated with water contact
activities in such waters.
``(c) Floatable Materials Monitoring Procedures.--The Administrator
shall--
``(1) issue guidance on uniform assessment and monitoring
procedures for floatable materials in coastal recreation
waters; and
``(2) specify the conditions under which the presence of
floatable material shall constitute a threat to public health
and safety.
``(d) State Implementation.--A State must implement a monitoring
program that conforms to the regulations issued pursuant to subsection
(a) not later than 3\1/2\ years after the date of the enactment of this
section and revise such program not later than 2 years following the
date of publication of revisions by the Administrator under subsection
(f).
``(e) Delegation of Responsibility.--Not later than 18 months after
the date of the enactment of this section, the Administrator shall
issue guidance establishing core performance measures for testing,
monitoring and posting programs and the delegation of such programs
under this section to local government authorities. In the case that
such responsibilities are delegated by a State to a local government
authority, or have been delegated to a local government authority
before such date of enactment, in a manner that, at a minimum, is
consistent with the guidance issued by the Administrator, State
resources shall be made available to the delegated authority for the
purpose of program implementation.
``(f) Review and Revision of Regulations.--The Administrator shall
review and revise regulations published pursuant to this section
periodically, but in no event less than once every 5 years.
``(g) Definitions.--In this section, the following definitions
apply:
``(1) Coastal recreation waters.--The term `coastal
recreation waters' means Great Lakes and marine coastal waters
(including bays) used by the public for swimming, bathing,
surfing, or other similar water contact activities.
``(2) Floatable materials.--The term `floatable materials'
means any foreign matter that may float or remain suspended in
the water column and includes plastic, aluminum cans, wood,
bottles, and paper products.''.
SEC. 6. REPORT TO CONGRESS.
Not later than 4 years after the date of the enactment of this Act,
and periodically thereafter, the Administrator shall submit to Congress
a report including--
(1) recommendations concerning the need for additional
water quality criteria and other actions needed to improve the
quality of coastal recreation waters; and
(2) an evaluation of State efforts to implement this Act,
including the amendments made by this Act.
SEC. 7. GRANTS TO STATES.
(a) Grants.--Subject to subsection (c), the Administrator may make
grants to States for use in fulfilling requirements established
pursuant to section 3 of this Act and section 406 of the Federal Water
Pollution Control Act.
(b) Cost Sharing.--The total amount of grants to a State under this
section for a fiscal year shall not exceed 50 percent of the cost to
the State of implementing requirements established pursuant to section
3 of this Act and section 406 of the Federal Water Pollution Control
Act.
(c) Eligible State.--After the last day of the 3\1/2\-year period
beginning on the date of the enactment of this Act, the Administrator
may make a grant to a State under this section only if the State
demonstrates to the satisfaction of the Administrator that it is
implementing its monitoring and posting program under section 406 of
the Federal Water Pollution Control Act.
SEC. 8. DEFINITIONS.
In this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Coastal recreation waters.--The term ``coastal
recreation waters'' means Great Lakes and marine coastal waters
(including bays) used by the public for swimming, bathing,
surfing, or other similar body contact purposes.
(3) Floatable materials.--The term ``floatable materials''
means any foreign matter that may float or remain suspended in
the water column and includes plastic, aluminum cans, wood,
bottles, and paper products.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Administrator--
(1) for use in making grants to States under section 7 not
more than $4,500,000 for each of the fiscal years 1998 through
2002; and
(2) for carrying out the other provisions of this Act not
more than $1,500,000 for each of the fiscal years 1998 through
2002. | Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act.
Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters. Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health.
Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters.
Directs the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety.
Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and posting programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated.
Authorizes the Administrator to make grants to States to fulfill requirements under this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Beaches Environmental Assessment, Closure, and Health Act of 1997"} | 2,522 | 341 | 0.575513 | 1.698975 | 0.863382 | 4.343333 | 7.743333 | 0.943333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Hurricane Katrina Victims Emergency
Shelter Act of 2005''.
SEC. 2. AVAILABILITY OF HUD INVENTORY PROPERTIES.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall make covered
properties available for occupancy by eligible families, as provided in
this section.
(b) 6-Month Reservation for Use Only by Eligible Families.--
(1) Requirement to offer only to eligible families.--During
the 6-month period beginning on the date of the enactment of
this Act, the Secretary may not dispose of any covered property
under any provision of law other than this Act and may not
offer, or enter into any agreement for disposition of, a
covered property under any other such provision.
(2) Request and occupancy.--If, during the period referred
to in paragraph (1), an eligible family makes a request, in
such form as the Secretary may require, to occupy a covered
property, the Secretary shall, in accordance with the selection
criteria established pursuant to subsection (d), make the
covered property available to the eligible family for occupancy
in accordance with the terms under subsection (e).
(c) Continued Availability.--
(1) Availability for eligible families.--During the 18-
month period that begins upon the conclusion of the period
under subsection (b)(1), the Secretary shall offer each covered
property for occupancy by affected families, but, except as
provided in paragraph (2) of this subsection, may dispose of
covered properties under other applicable provisions of law and
may offer and enter into agreements for disposition of covered
properties under such other provisions.
(2) Request and occupancy.--If, during the period referred
to in paragraph (1), an eligible family makes a request, in
such form as the Secretary may require, to occupy a covered
property for which the Secretary has not entered into any
agreement for disposition under any other provision of law, the
Secretary shall, in accordance with the selection criteria
established pursuant to subsection (d), make the covered
property available to the eligible family for occupancy in
accordance with the terms under subsection (e).
(d) Selection Criteria.--The Secretary shall establish criteria to
select an eligible family to occupy a covered property for which more
than one family has submitted such a request. Such criteria shall
provide preference for eligible families having incomes not exceeding
the median income for the area in which the primary residence of the
family referred to in subsection (g)(2) was located.
(e) Occupancy Terms.--Occupancy in a covered property pursuant to
this section shall be subject to the following terms:
(1) 5-years rent-free.--The eligible family may reside in
the property under the terms of a lease (or renewable leases)
which shall provide for rent-free occupancy, but which in no
case may extend beyond the expiration of the 5-year period
beginning upon initial occupancy of the property by the family.
(2) Option to purchase.--At any time during the occupancy
of a covered property by an eligible family pursuant to
paragraph (1), the eligible family may purchase the property
from the Secretary at price equal to the lesser of--
(A) the fair market value of the property as of the
time of initial occupancy by such family, as determined
by the Secretary, or
(B) the fair market value of the property as of the
time of such purchase, as determined by the Secretary,
less the cost of any repairs or improvements made by
the family during occupancy of the property.
The Secretary shall periodically inform each eligible family
occupying a covered property of the availability of the
property for purchase under this paragraph.
(f) Outreach.--The Secretary shall take such actions as may be
appropriate to inform eligible families of the availability of covered
properties pursuant to this section.
(g) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Covered property.--The term ``covered property'' means
any property that--
(A) is designed as a dwelling for occupancy by one
to four families;
(B) was previously subject to a mortgage insured
under the National Housing Act; and
(C) is owned by the Secretary pursuant to the
payment of insurance benefits under such Act.
(2) Eligible family.--The term ``eligible family'' means a
person or household whose primary residence, as of August 29,
2005--
(A) was located in an area within which the
President declared, under the Robert T. Stafford
Disaster Assistance and Emergency Relief Act, a major
disaster to have occurred pursuant to Hurricane
Katrina; and
(B) was, as a result of Hurricane Katrina,
destroyed or damaged to such an extent that the
residence is not habitable.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development. | Hurricane Katrina Victims Emergency Shelter Act of 2005 - Directs the Secretary of Housing and Urban Development (HUD) to make single family properties held by HUD pursuant to foreclosure under the Federal Housing Administration (FHA) mortgage insurance program available to a person or family whose primary residence as of August 29, 2005, was in a disaster-designated area pursuant to Hurricane Katrina and was destroyed or otherwise made inhabitable.
Provides: (1) that for the first six months after enactment of this Act the Secretary may not dispose of such properties except to an eligible family; (2) that for the 18 months following such six month period the Secretary shall make such properties that are not under a disposition agreement available to eligible families; (3) for five-year rent free occupancy, with an option to purchase; and (4) program outreach activities.
Directs the Secretary to establish selection criteria for a property for which more than one family has submitted a request, with preference for families having incomes not exceeding the median income for the area in which the family's primary residence was located. | {"src": "billsum_train", "title": "To require the Secretary of Housing and Urban Development to make single family properties held by the Department pursuant to foreclosure under the FHA mortgage insurance program available for occupancy by families displaced by Hurricane Katrina."} | 1,066 | 231 | 0.662365 | 2.090247 | 0.594129 | 2.4 | 4.82381 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Energy Jobs for Veterans
Act''.
SEC. 2. VETERANS ENERGY-RELATED EMPLOYMENT PROGRAM.
(a) Establishment of Pilot Program.--To encourage the employment of
eligible veterans in the energy industry, the Secretary of Labor, as
part of the Veteran's Workforce Investment Program, shall carry out a
pilot program to be known as the ``Veterans Energy-Related Employment
Program''. Under the pilot program, the Secretary shall award
competitive grants to three States for the establishment and
administration of a State program to make grants to energy employers
and labor-management organizations that provide covered training, on-
job training, apprenticeships, and certification classes to eligible
veterans. Such a program shall be known as a ``State Energy-Related
Employment Program''.
(b) Eligibility for Grants.--To be eligible to receive a grant
under the pilot program, a State shall submit to the Secretary an
application that includes each of the following:
(1) A proposal for the expenditure of grant funds to
establish and administer a public-private partnership program
designed to provide covered training, on-job training,
apprenticeships, and certification classes to a significant
number of eligible veterans and ensure lasting and sustainable
employment in well-paying jobs in the energy industry.
(2) Evidence that the State has--
(A) a population of eligible veterans of an
appropriate size to carry out the State program;
(B) a robust and diverse energy industry; and
(C) the ability to carry out the State program
described in the proposal under paragraph (1).
(3) Such other information and assurances as the Secretary
may require.
(c) Use of Funds.--A State that is the recipient of a grant under
this section shall use the grant for the following purposes:
(1) Making grants to energy employers and labor-management
organizations to reimburse such employers and organizations for
the cost of providing covered training, on-job training,
apprenticeships, and certification classes to eligible
veterans.
(2) Conducting outreach to inform energy employers, labor-
management organizations, and veterans, including veterans in
rural areas, of their eligibility or potential eligibility for
participation in the State program.
(d) Conditions.--Under the pilot program, each grant to a State
shall be subject to the following conditions:
(1) The State shall repay to the Secretary, on such date as
shall be determined by the Secretary, any amount received under
the pilot program that is not used for the purposes described
in subsection (c).
(2) The State shall submit to the Secretary, at such times
and containing such information as the Secretary shall require,
reports on the use of grant funds.
(e) Employer Requirements.--In order to receive a grant made by a
State under the pilot program, an energy employer shall--
(1) submit to the administrator of the State Energy-Related
Employment Program an application that includes--
(A) the rate of pay for each eligible veteran
proposed to be trained using grant funds;
(B) the average rate of pay for an individual
employed by the energy employer in a similar position
who is not an eligible veteran; and
(C) such other information and assurances as the
administrator may require; and
(2) agree to submit to the administrator, for each quarter,
a report containing such information as the Secretary may
specify.
(f) Limitation.--None of the funds made available to an energy
employer through a grant under the pilot program may be used to provide
training of any kind to a person who is not an eligible veteran.
(g) Report to Congress.--Together with the report required to be
submitted annually under section 4107(c) of title 38, United States
Code, the Secretary shall submit to Congress a report on the pilot
program for the year covered by such report. The report on the pilot
program shall include a detailed description of activities carried out
under this section and an evaluation of the program.
(h) Administrative and Reporting Costs.--Of the amounts
appropriated pursuant to the authorization of appropriations under
subsection (j), 2 percent shall be made available to the Secretary for
administrative costs associated with implementing and evaluating the
pilot program under this section and for preparing and submitting the
report required under subsection (f). The Secretary shall determine the
appropriate maximum amount of each grant awarded under this section
that may be used by the recipient for administrative and reporting
costs.
(i) Definitions.--For purposes of this section:
(1) The term ``covered training, on-job training,
apprenticeships, and certification classes'' means training,
on-job training, apprenticeships, and certification classes
that are--
(A) designed to provide the veteran with skills
that are particular to an energy industry and not
directly transferable to employment in another
industry; and
(B) approved as provided in paragraph (1) or (2),
as appropriate, of subsection (a) of section 3687 of
title 38, United States Code.
(2) The term ``eligible veteran'' means a veteran, as that
term is defined in section 101(3) of title 38, United States
Code, who is employed by an energy employer and enrolled or
participating in a covered training, on-job training,
apprenticeship, or certification class.
(3) The term ``energy employer'' means an entity that
employs individuals in a trade or business in an energy
industry.
(4) The term ``energy industry'' means any of the following
industries:
(A) The energy-efficient building, construction, or
retrofits industry.
(B) The renewable electric power industry,
including the wind and solar energy industries.
(C) The biofuels industry.
(D) The energy efficiency assessment industry that
serves the residential, commercial, or industrial
sectors.
(E) The oil and natural gas industry.
(F) The nuclear industry.
(j) Appropriations.--There is authorized to be appropriated to the
Secretary $10,000,000 for each of fiscal years 2011 through 2015, for
the purpose of carrying out the pilot program.
Passed the House of Representatives March 23, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Energy Jobs for Veterans Act - Directs the Secretary of Labor to establish a five-year pilot program (to be known as the Veterans Energy-Related Employment Program) to award competitive grants to three states to establish and administer a program of grants to energy industry employers and labor management organizations that provide training, apprenticeships, and certification classes to veterans employed by an energy employer.
Requires annual reports from the Secretary to Congress for the duration of the pilot program.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for the establishment of a pilot program to encourage the employment of veterans in energy-related positions."} | 1,328 | 106 | 0.651333 | 1.557424 | 0.729406 | 3.333333 | 14.043011 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Outreach Improvement Act of
2005''.
SEC. 2. IMPROVEMENT OF OUTREACH ACTIVITIES WITHIN DEPARTMENT OF
VETERANS AFFAIRS.
(a) In General.--Chapter 5 of title 38, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER IV--OUTREACH ACTIVITIES
``Sec. 561. Outreach activities: coordination of activities within the
Department
``(a) The Secretary shall establish and maintain procedures for
ensuring the effective coordination of the outreach activities of the
Department between and among the following:
``(1) The Office of the Secretary.
``(2) The Office of Public Affairs.
``(3) The Veterans Health Administration.
``(4) The Veterans Benefits Administration.
``(5) The National Cemetery Administration.
``(b) The Secretary shall--
``(1) annually review the procedures in effect under
subsection (a) for the purpose of ensuring that those
procedures meet the requirements of that subsection; and
``(2) make such modifications to those procedures as the
Secretary considers appropriate in light of such review in
order to better achieve that purpose.
``Sec. 562. Outreach activities: cooperative activities with States;
grants to States for improvement of outreach
``(a) It is the purpose of this section to provide for assistance
by the Secretary to the States in carrying out programs within their
respective jurisdiction that offer a high probability of improving
outreach and assistance to veterans, and to the spouses, children, and
parents of veterans, so as to ensure that such individuals are fully
informed about, and assisted in applying for, any veterans' and
veterans-related benefits and programs (including State veterans'
programs) for which they may be eligible.
``(b) The Secretary shall ensure that, as a condition of the
provision of assistance by the Secretary under this section, that such
assistance is provided for outreach and assistance under State and
county veteran service programs referred to in subsection (a) in
locations--
``(1) that have relatively large concentrations of
populations of veterans and other individuals referred to in
subsection (a); or
``(2) that are experiencing growth in the population of
veterans and other individuals referred to in subsection (a).
``(c) The Secretary may enter into cooperative agreements and
arrangements with State veterans agencies in order to carry out,
coordinate, improve, or otherwise enhance outreach by the Department
and the States (including outreach with respect to State veterans'
programs).
``(d)(1) The Secretary may make grants to State veterans agencies
in order to achieve the following purposes:
``(A) To carry out, coordinate, improve, or otherwise
enhance outreach, including activities pursuant to cooperative
agreements and arrangements under subsection (c).
``(B) To carry out, coordinate, improve, or otherwise
enhance activities to assist in the development and submittal
of claims for veterans' and veterans-related benefits,
including activities pursuant to cooperative agreements and
arrangements under subsection (c).
``(2) A State veterans agency receiving a grant under this
subsection shall use the grant amount for purposes described in
paragraph (1) by--
``(A) awarding a portion of such grant amount to local
governments of that State that provide veterans outreach
services, to be awarded on the basis of the number of veterans
residing in the jurisdiction of that local government;
``(B) awarding a portion of such grant amount to local
governments in that State seeking to establish a program of
outreach services; and
``(C) using the remainder for outreach activities of that
State veterans agency.
``(3) No portion of the amount of a grant to a State under this
subsection may be used at the State level for the purpose of
administering those funds.
``(4) Federal funds provided to a State by a grant under this
subsection may not be used to provide more than 50 percent of the total
cost of such State and local government activities and shall be used to
expand existing outreach programs and services, not to supplant
existing State and local funding. The Secretary shall allocate funds to
the States for grants under this subsection on the basis of the veteran
population of the respective States.
``(5)(A) In a case in which a unit of local government does not
have a veteran services program, funds from a grants under this
subsection may be used to establish such a program.
``(B) In a case in which a unit of local government does not have
such a program and does not seek to establish such a program through
assistance from a grant amount under this subsection, the State
veterans agency may use funds available under this subsection to
provide outreach services for that local government jurisdiction.
``(C) In the case of a State in which State and local government
veteran service programs do not seek to receive a grant amount under
this subsection, the funds for that State shall be reallocated to those
States in which local government veteran service programs exist and
have chosen to seek to receive a grant amount under this subsection.
``(6) Funds made available through a grant under this subsection
may be used for education and training for State and local government
employees who provide (or when trained will provide) veterans outreach
services in order for those employees to obtain accreditation in
accordance with procedures approved by the Secretary and, for employees
so accredited, for purposes of continuing education.
``(7) In this subsection, the term `State veterans agency' means
the element of the government of a State that has responsibility for
programs and activities of that State government relating to veterans
benefits.
``Sec. 563. Outreach activities: funding
``(a) Amounts for the outreach activities of the Department under
this subchapter shall be budgeted and appropriated through a separate
appropriation account.
``(b) In the budget justification materials submitted to Congress
in support of the Department budget for any fiscal year (as submitted
with the budget of the President under section 1105(a) of title 31),
the Secretary shall include a separate statement of the amount
requested to be appropriated for that fiscal year for the account
specified in subsection (a).
``Sec. 564. Definition of outreach
``For purposes of this subchapter, the term `outreach' means the
act or process of taking steps in a systematic manner to provide
information, services, and benefits counseling to veterans, and the
survivors of veterans, who may be eligible to receive benefits under
the laws administered by the Secretary to ensure that those individuals
are fully informed about, and assisted in applying for, any benefits
and programs under such laws for which they may be eligible.
``Sec. 565. Authorization of appropriations
``There are authorized to be appropriated to the Secretary for the
purposes of carrying out this subchapter, including the making of
grants under section 562(d) of this title, the amount of $25,000,000
for each of fiscal years 2006, 2007, and 2008.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new items:
``subchapter iv--outreach activities
``561. Outreach activities: coordination of activities within the
Department.
``562. Outreach activities: cooperative activities with States; grants
to States for improvement of outreach.
``563. Outreach activities: funding.
``564. Definition of outreach.
``565. Authorization of appropriations.''. | Veterans Outreach Improvement Act of 2005 - Directs the Secretary of Veterans Affairs to establish, maintain, and modify as necessary procedures for ensuring the effective coordination of outreach activities of the Department of Veterans Affairs between and among the Office of the Secretary, the Office of Public Affairs, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration.
Directs the Secretary to ensure that state and local outreach assistance is provided in locations that: (1) have relatively large concentrations of veterans; or (2) are experiencing growth in veteran populations. Authorizes the Secretary to make grants to state veterans agencies for state and local outreach services. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve the outreach activities of the Department of Veterans Affairs, and for other purposes."} | 1,615 | 128 | 0.656068 | 1.568092 | 0.647769 | 3.145161 | 13.008065 | 0.951613 |
SECTION 1. PROHIBITION ON IMPORTATION OF SEMIAUTOMATIC ASSAULT RIFLES
AND ASSAULT PISTOLS.
(a) General Rule.--Except as provided in subsection (b), the
importation into the United States of--
(1) semiautomatic assault rifles;
(2) semiautomatic assault pistols;
(3) large capacity ammunition feeding devices; and
(4) semiautomatic assault weapon accessories;
is prohibited.
(b) Exceptions.--The prohibition in subsection (a) does not apply
to any importation under the authority of the United States, by any
department or agency of the United States, or by any department or
agency of any State or political subdivision of a State.
SEC. 2. DEFINITIONS.
The following terms apply for the purposes of this Act:
(1) HTS.--The term ``HTS'' means the Harmonized Tariff
Schedule of the United States.
(2) Semiautomatic assault rifles.--The term ``semiautomatic
assault rifles'' means rifles of any of the following types
(provided for in subheading 9301.00.30 or 9303.30.80 of the
HTS):
AK47 type 86S type
AK47S type 86S7 type
AK74 type 87S type
AKS type Galil type
AKM type Type 56 type
AKMS type Type 56S type
84S type Valmet M76 type
ARM type Valmet M78 type
84S1 type M76 counter-sniper type
84S3 type FAL type
HK91 type L1A1A type
HK93 type SAR 48 type
HK94 type AUG type
G3SA type FNC type
K1 type Uzi carbine
K2 type Algimec AGMI type
AR100 type AR180 type
M14S type Australian Automatic Arms SAR type
MAS223 type Beretta AR70 type
SIG 550SP type Beretta BM59 type
SIG 551SP type CIS SR88 type
SKS type with Any other type determined pursuant
detachable to law to be appropriate.
magazine
(3) Semiautomatic assault pistols.--The term
``semiautomatic assault pistols'' means pistols of any of the
following types (provided for in subheading 9302.00.00 of the
HTS):
Uzi type
Heckler & Koch SP-89 type
Australian Automatic Arms SAP type
Spectre Auto type
Sterling Mark 7 type
Any other type determined pursuant to law
to be appropriate.
(4) Large-capacity ammunition feeding device.--The term
``large-capacity ammunition feeding device'' means a detachable
magazine, belt, drum, feed strip, or similar device that has a
capacity of, or that can be readily restored or converted to
accept, more than 5 rounds of ammunition (provided for in
subheading 9305.29.50, 9305.90.10, or 9305.10.20 of the HTS).
Such term also includes any combination of parts from which
such a device can be assembled.
(5) Semiautomatic assault weapon parts and accessories.--
The term ``semiautomatic assault weapon accessory or
semiautomatic assault weapon part'' means any of the following
articles if specifically designed for use with any
semiautomatic weapon:
(A) Grenade launchers (provided for in subheading
9301.00.90 of the HTS).
(B) Bayonets (provided for in subheading 9307.00.00
of the HTS).
(C) Flash suppressors (provided for in subheading
9305.90.30 of the HTS).
(D) Night sights (provided for in subheading
9305.90.30 of the HTS).
(E) Adaptors designed to facilitate the attachment
of silencers or flash suppressors (provided for in
subheading 9305.90.30 of the HTS).
(F) Any combination of parts from which an article
referred to in any of subparagraphs (A) through (E) can
be assembled (provided for in subheading 9305.90.30 of
the HTS).
(G) Any part designed and intended solely for use
in assembling an article referred to in any of
subparagraphs (A) through (E).
(H) Any other article determined pursuant to law to
be appropriate.
SEC. 3. APPLICABILITY.
The provisions of sections 1 and 2 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. | Prohibits the importation into the United States of any semiautomatic assault weapon, large capacity ammunition feeding devices, or assault weapon accessories. Makes an exception for the importation of such articles under authority of the United States, by a U.S. department or agency, or by a State or local department or agency. | {"src": "billsum_train", "title": "To prohibit the importation of semiautomatic assault weapons, large capacity ammunition feeding devices, and certain accessories, to provide for the public safety of the citizens of the United States, and for other purposes."} | 1,026 | 71 | 0.50699 | 1.362919 | 1.109043 | 3 | 14.172414 | 0.896552 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Homeowners'
Defense Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Establishment; status; principal office; membership.
Sec. 4. Functions.
Sec. 5. Powers.
Sec. 6. Nonprofit entity; conflicts of interest; audits.
Sec. 7. Management.
Sec. 8. Staff; experts and consultants.
Sec. 9. Federal liability.
Sec. 10. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the United States has a history of catastrophic natural
disasters, including hurricanes, tornadoes, flood, fire,
earthquakes, and volcanic eruptions;
(2) although catastrophic natural disasters occur
infrequently, they will continue to occur and are predictable;
(3) such disasters generate large economic losses and a
major component of those losses comes from damage and
destruction to homes;
(4) for the majority of Americans, their investment in
their home represents their single biggest asset and the
protection of that investment is paramount to economic and
social stability;
(5) the United States needs to take and support State
actions to be better prepared for and better protected from
catastrophes;
(6) as the risk of catastrophic losses grows, so do the
risks that any premiums collected by private insurers for
extending coverage will be insufficient to cover future
catastrophes, and private insurers, in an effort to protect
their shareholders and policyholders (in the case of mutually
owned companies), have thus significantly raised premiums and
curtailed insurance coverage in States exposed to major
catastrophes;
(7) such effects on the insurance industry have been
harmful to economic activity in States exposed to major
catastrophes and have placed significant burdens on residents
of such States;
(8) Hurricanes Katrina, Rita, and Wilma struck the United
States in 2005, causing over $200,000,000,000 in total economic
losses, and insured losses to homeowners in excess of
$50,000,000,000;
(9) while the total costs of Hurricane Sandy have not yet
been calculated, Fitch Ratings, a global credit ratings agency,
has estimated that insured losses will amount to between
$20,000,000,000 and $25,000,000,000;
(10) the Federal Government has provided and will continue
to provide resources to pay for losses from future
catastrophes; and
(11) it is the proper role of the Federal Government to
prepare for and protect its citizens from catastrophes and to
facilitate consumer protection, victim assistance, and
recovery, including financial recovery.
(b) Purposes.--The purpose of this Act is to establish a national
catastrophic risk consortium to ensure the availability and
affordability of homeowners' insurance coverage for catastrophic
events.
SEC. 3. ESTABLISHMENT; STATUS; PRINCIPAL OFFICE; MEMBERSHIP.
(a) Establishment.--There is established an entity to be known as
the ``National Catastrophe Risk Consortium'' (in this Act referred to
as the ``Consortium'').
(b) Status.--The Consortium is not a department, agency, or
instrumentality of the United States Government.
(c) Principal Office.--The principal office and place of business
of the Consortium shall be such location within the United States
determined by the Board of Directors to be the most advantageous for
carrying out the purpose and functions of the Consortium.
(d) Membership.--Any State that has established a reinsurance fund
or has authorized the operation of a State residual insurance market
entity, or State-sponsored provider of natural catastrophe insurance,
shall be eligible to participate in the Consortium.
SEC. 4. FUNCTIONS.
The Consortium shall--
(1) work with all States, particularly those participating
in the Consortium, to gather and maintain an inventory of
catastrophe risk obligations held by State reinsurance funds,
State residual insurance market entities, and State-sponsored
providers of natural catastrophe insurance;
(2) at the discretion of the affected members and on a
conduit basis, issue securities and other financial instruments
linked to the catastrophe risks insured or reinsured through
members of the Consortium in the capital markets;
(3) coordinate reinsurance contracts between participating,
qualified reinsurance funds and private parties;
(4) act as a centralized repository of State risk
information that can be accessed by private-market participants
seeking to participate in the transactions described in
paragraphs (2) and (3) of this section;
(5) establish a catastrophe risk database to perform
research and analysis that encourages standardization of the
risk-linked securities market;
(6) perform any other functions, other than assuming risk
or incurring debt, that are deemed necessary to aid in the
transfer of catastrophe risk from participating States to
private parties; and
(7) submit annual reports to Congress describing the
activities of the Consortium for the preceding year, and the
first such annual report shall include an assessment of the
costs to States and regions associated with catastrophe risk
and an analysis of the costs and benefits, for States not
participating in the Consortium, of such nonparticipation.
SEC. 5. POWERS.
The Consortium--
(1) may make and perform such contracts and other
agreements with any individual or other private or public
entity however designated and wherever situated, as may be
necessary for carrying out the functions of the Consortium; and
(2) shall have such other powers, other than the power to
assume risk or incur debt, as may be necessary and incident to
carrying out this Act.
SEC. 6. NONPROFIT ENTITY; CONFLICTS OF INTEREST; AUDITS.
(a) Nonprofit Entity.--The Consortium shall be a nonprofit entity
and no part of the net earnings of the Consortium shall inure to the
benefit of any member, founder, contributor, or individual.
(b) Conflicts of Interest.--No director, officer, or employee of
the Consortium shall in any manner, directly or indirectly, participate
in the deliberation upon or the determination of any question affecting
his or her personal interests or the interests of any Consortium,
partnership, or organization in which he or she is directly or
indirectly interested.
(c) Audits.--
(1) Annual audit.--The financial statements of the
Consortium shall be audited annually in accordance with
generally accepted auditing standards by independent certified
public accountants.
(2) Reports.--The report of each annual audit pursuant to
paragraph (1) shall be included in the annual report submitted
in accordance with section 4(7).
(d) Prohibition on Election and Lobbying Activities.--
(1) Federal.--The Consortium may not--
(A) make any contribution to a candidate for
election for Federal office or to a political
committee;
(B) employ or retain--
(i) a registered lobbyist under the
Lobbying Disclosure Act of 1995 (2 U.S.C. 1601
et seq.); or
(ii) an organization that employs one or
more lobbyists and is registered under section
4(a)(2) of such Act (2 U.S.C. 1603(a)(2)); or
(C) provide any thing of value, other than
educational materials or information, to any elected
official of the Federal Government.
For purposes of this paragraph, the terms ``contribution'',
``candidate'', ``Federal office'', and ``political committee''
have the meanings given such terms in section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431).
(2) Consortium.--The Consortium may not--
(A) make any contribution to a candidate for
election for any State or local office or to any
committee, club, association, or other group that
receives contributions or makes expenditures for the
purpose of influencing any such election;
(B) employ or retain any person who engages in
influencing legislating (as such term is defined in
section 4911(d) of the Internal Revenue Code of 1986
(26 U.S.C. 4911(d))) of any State or local legislative
body; or
(C) provide any thing of value, other than
educational materials or information, to any elected
official of any State or local government.
SEC. 7. MANAGEMENT.
(a) Board of Directors; Membership; Designation of Chairperson.--
(1) Board of directors.--The management of the Consortium
shall be vested in a board of directors (referred to in this
Act as the ``Board'') composed of not less than 3 members.
(2) Chairperson.--The Secretary of the Treasury, or the
designee of the Secretary, shall serve as the chairperson of
the Board.
(3) Membership.--The members of the Board shall include--
(A) the Secretary of Homeland Security and the
Secretary of Commerce, or the designees of such
Secretaries, respectively, but only during such times
as there are fewer than two States participating in the
Consortium; and
(B) a member from each State participating in the
Consortium, who shall be appointed by such State.
(b) Bylaws.--The Board may prescribe, amend, and repeal such bylaws
as may be necessary for carrying out the functions of the Consortium.
(c) Compensation, Actual, Necessary, and Transportation Expenses.--
(1) Non-federal employees.--A member of the Board who is
not otherwise employed by the Federal Government shall be
entitled to receive the daily equivalent of the annual rate of
basic pay payable for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, as in effect from
time to time, for each day (including travel time) during which
such member is engaged in the actual performance of duties of
the Consortium.
(2) Federal employees.--A member of the Board who is an
officer or employee of the Federal Government shall serve
without additional pay (or benefits in the nature of
compensation) for service as a member of the Consortium.
(3) Travel expenses.--Members of the Consortium shall be
entitled to receive travel expenses, including per diem in lieu
of subsistence, equivalent to those set forth in subchapter I
of chapter 57 of title 5, United States Code.
(d) Quorum.--A majority of the Board shall constitute a quorum.
(e) Executive Director.--The Board shall appoint an executive
director of the Consortium on such terms as the Board may determine.
SEC. 8. STAFF; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The Board of the Consortium may appoint
and terminate such other staff as are necessary to enable the
Consortium to perform its duties.
(2) Compensation.--The Board of the Consortium may fix the
compensation of the executive director and other staff.
(b) Experts and Consultants.--The Board shall procure the services
of experts and consultants as the Board considers appropriate.
SEC. 9. FEDERAL LIABILITY.
The Federal Government and the Consortium shall not bear any
liabilities arising from the actions of the Consortium. Participating
States shall retain all catastrophe risk until the completion of a
transaction described in paragraphs (2) and (3) of section 4.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$20,000,000 for each of fiscal years 2014 through 2018. | Homeowners' Defense Act of 2013 - Establishes the National Catastrophe Risk Consortium, as a non-federal, non-profit entity, to ensure the availability and affordability of homeowners' insurance coverage for catastrophic events. Directs the Consortium to: (1) maintain an inventory of catastrophe risk obligations held by state reinsurance funds, state residual insurance market entities, and state-sponsored providers of natural catastrophe insurance; (2) issue, on a conduit basis, securities and other financial instruments linked to catastrophe risks insured or reinsured through Consortium members; (3) coordinate reinsurance contracts; (4) act as a centralized repository of state risk information accessible by certain private-market participants; and (5) establish a database to perform research and analysis that encourages standardization of the risk-linked securities market. Shields the federal government and the Consortium from liability for Consortium actions. | {"src": "billsum_train", "title": "Homeowners' Defense Act of 2013"} | 2,474 | 185 | 0.486059 | 1.499134 | 0.736501 | 4.970414 | 13.698225 | 0.946746 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeownership Affordability Act of
2007''.
SEC. 2. QUALIFIED HOMEOWNER DOWNPAYMENT ASSISTANCE.
(a) In General.--Section 501 of the Internal Revenue Code of 1986
(relating to exemption of tax on corporations, certain trusts, etc.) is
amended by redesignating subsection (r) as subsection (s) and by
inserting after subsection (q) the following new subsection:
``(r) Qualified Homeowner Downpayment Assistance.--
``(1) In general.--For purposes of subsection (c)(3) and
sections 170(c)(2), 2055(a)(2), and 2522(a)(2), the term
`charitable purposes' includes the provision of qualified
homeowner downpayment assistance.
``(2) Qualified homeowner downpayment assistance.--For
purposes of this subsection, the term `qualified homeowner
downpayment assistance' means a gift of cash for the purpose of
providing any downpayment for the acquisition of any property
as a principal residence (within the meaning of section 121)
for a qualified taxpayer if--
``(A) with respect to such property, such gift does
not exceed 20 percent of 110 percent of the maximum
principal obligation allowable, and
``(B) the purchase price of such property does not
exceed 110 percent of the maximum principal obligation
allowable.
``(3) Maximum principal obligation allowable.--The maximum
principal obligation allowable with respect to any property is
the maximum principal obligation allowable for the area in
which such property is located, determined under section
203(b)(2)(A) of the National Housing Act, for a loan insured
pursuant to such section 203.
``(4) Qualified taxpayer.--For purposes of paragraph (2),
the term `qualified taxpayer' means a taxpayer whose modified
adjusted gross income for the taxable year in which the
downpayment assistance is received does not exceed $110,000
($220,000 in the case of a joint return). For purposes of the
preceding sentence, the term `modified adjusted gross income'
means adjusted gross income increased by any amount excluded
from gross income under section 911, 931, or 933.''.
(b) No Charitable Deduction for Contributions for Downpayment
Assistance.--Subsection (f) of section 170 of the Internal Revenue Code
of 1986 (relating to disallowance of deduction in certain cases and
special rules) is amended by adding at the end the following new
paragraph:
``(19) Denial of deduction of contributions for downpayment
assistance.--No deduction shall be allowed under this section
for a contribution to an organization which provides homeowner
downpayment assistance if the contribution is made directly or
indirectly in connection with a transaction in which the
purchaser of a home received downpayment assistance and the
contributor--
``(A) received the downpayment assistance,
``(B) sold the home to the purchaser,
``(C) loaned money to the purchaser, or
``(D) otherwise received a commission or other
benefit associated with the transaction.''.
(c) Exclusion From Taxable Gifts.--
(1) In general.--Paragraph (2) of section 2503(e) of such
Code (relating to exclusion for certain transfers for
educational expenses or medical expenses) is amended by
striking ``or'' at the end of subparagraph (A), by striking the
period at the end of subparagraph (B) and inserting ``, or'',
and by inserting after subparagraph (B) the following new
subparagraph:
``(C) if such payment is qualified homeowner
downpayment assistance (as defined in section
501(r)(2)) paid to a lender or the seller of the
property on behalf of a donee who is related to the
donor.''.
(2) Relationship test.--Paragraph (2) of section 2503(e) of
such Code is amended by adding at the end the following flush
sentence:
``For purposes of subparagraph (C), a donee is related to a
donor if the donee bears a relationship to the donor described
in section 529(e)(2) (other than subparagraph (D) thereof).''.
(3) Conforming amendment.--The heading for section 2503(e)
of such Code is amended by striking ``Educational Expenses or
Medical Expenses'' and inserting ``Educational Expenses,
Medical Expenses, or Downpayment Assistance''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Homeownership Affordability Act of 2007 - Amends the Internal Revenue Code to deem qualified homeowner downpayment assistance as a charitable purpose for income, estate, and gift tax purposes. Defines "qualified homeowner downpayment assistance" as a gift of cash for the purpose of providing any downpayment for the purchase of a principal residence for a taxpayer whose modified adjusted gross income does not exceed $110,000 ($220,000 for joint returns), if: (1) such gift does not exceed 20% of 110 percent of the maximum principal obligation allowable; and (2) the purchase price of such property does not exceed 110 percent of such amount.
Denies an income tax deduction to a donor of homeowner downpayment assistance who receives a direct financial benefit in connection with the purchase of a principal residence for which downpayment assistance was provided.
Allows a gift tax exclusion for a homeowner downpayment gift. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that qualified homeowner downpayment assistance is a charitable purpose, and for other purposes."} | 1,044 | 192 | 0.697791 | 2.030432 | 0.806182 | 2.837349 | 5.415663 | 0.89759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Volcano Early Warning and
Monitoring System Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Geological Survey.
(2) System.--The term ``System'' means the National Volcano
Early Warning and Monitoring System established under section
3(a)(1).
SEC. 3. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM.
(a) Establishment.--
(1) In general.--The Secretary shall establish within the
United States Geological Survey a system, to be known as the
``National Volcano Early Warning and Monitoring System'', to
monitor, warn, and protect citizens of the United States from
undue and avoidable harm from volcanic activity.
(2) Purposes.--The purposes of the System are--
(A) to organize, modernize, standardize, and
stabilize the monitoring systems of the volcano
observatories in the United States, which include the
Alaska Volcano Observatory, California Volcano
Observatory, Cascades Volcano Observatory, Hawaiian
Volcano Observatory, Yellowstone Volcano Observatory,
and other volcano observatories established under
subsection (d); and
(B) to unify the monitoring systems of volcano
observatories in the United States into a single
interoperative system.
(3) Objective.--The objective of the System is to monitor
all the volcanoes in the United States at a level commensurate
with the threat posed by the volcanoes by--
(A) upgrading existing networks on monitored
volcanoes;
(B) installing new networks on unmonitored
volcanoes; and
(C) employing geodetic and other components when
applicable.
(b) System Components.--
(1) In general.--The System shall include--
(A) a national volcano watch office that is
operational 24 hours a day and 7 days a week;
(B) a national volcano data center; and
(C) an external grants program to support research
in volcano monitoring science and technology.
(2) Modernization activities.--Modernization activities
under the System shall include the comprehensive application of
emerging technologies, including digital broadband
seismometers, real-time continuous Global Positioning System
receivers, satellite and airborne radar interferometry,
acoustic pressure sensors, and spectrometry to measure gas
emissions.
(c) Management.--
(1) Management plan.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall
submit to Congress a 5-year management plan for
establishing and operating the System.
(B) Inclusions.--The management plan submitted
under subparagraph (A) shall include--
(i) annual cost estimates for modernization
activities and operation of the System;
(ii) annual milestones, standards, and
performance goals; and
(iii) recommendations for, and progress
towards, establishing new, or enhancing
existing, partnerships to leverage resources.
(2) Advisory committee.--The Secretary shall establish an
advisory committee to assist the Secretary in implementing the
System, to be comprised of representatives of relevant agencies
and members of the scientific community, to be appointed by the
Secretary.
(3) Partnerships.--The Secretary may enter into cooperative
agreements with institutions of higher education and State or
territorial agencies designating the institutions of higher
education and State or territorial agencies as volcano
observatory partners for the System.
(4) Coordination.--The Secretary shall coordinate the
activities under this Act with the heads of relevant Federal
agencies, including--
(A) the Secretary of Transportation;
(B) the Administrator of the Federal Aviation
Administration;
(C) the Administrator of the National Oceanic and
Atmospheric Administration; and
(D) the Director of the Federal Emergency
Management Administration.
(d) Volcano Observatory in Pacific U.S. Territories.--
(1) Feasibility study.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall conduct a
study to assess the feasibility of establishing volcano
observatories in Guam, the Northern Mariana Islands, and
American Samoa to monitor volcanic activity across the western
and southern Pacific Ocean along the Ring of Fire, including
underwater volcanic activity in such region.
(2) Consultation.--The Secretary shall consult with
appropriate territorial and local entities in conducting the
study.
(3) Cooperative agreement.--If the study required by
paragraph (1) determines that such observatories are feasible,
then the Secretary, subject to the availability of
appropriations, may enter into cooperative agreements under
subsection (c)(3) with institutions of higher education or
territorial agencies to establish such volcano observatories as
part of the National Volcano Early Warning and Monitoring
System.
(e) Annual Report.--In each of fiscal years 2018 through 2024, the
Secretary shall submit to Congress a report that describes the
activities carried out under this Act.
SEC. 4. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this Act $15,000,000 for
each of fiscal years 2018 through 2024.
(b) Effect on Other Sources of Federal Funding.--Amounts made
available under this section shall supplement, and not supplant,
Federal funds made available for other United States Geological Survey
hazards activities and programs. | National Volcano Early Warning and Monitoring System Act (Sec. 3) This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the system are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the system is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, (2) installing new networks on unmonitored volcanoes, and (3) employing geodetic and other components when applicable. The system shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the system, and (2) establish an advisory committee to assist in implementing the system. The USGS may enter into cooperative agreements designating institutions of higher education and state or territorial agencies as volcano observatory partners for the system. The USGS must conduct a study to assess the feasibility of establishing volcano observatories in Guam, the Northern Mariana Islands, and American Samoa to monitor volcanic activity across the western and southern Pacific Ocean along the Ring of Fire. If determined to be feasible, the USGS may enter into cooperative agreements with institutions of higher education or territorial agencies to establish such observatories as part of the National Volcano Early Warning and Monitoring System. | {"src": "billsum_train", "title": "National Volcano Early Warning and Monitoring System Act"} | 1,205 | 413 | 0.774537 | 2.462903 | 0.928652 | 4.65097 | 2.925208 | 0.955679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dangerous Explosives Background
Checks Requirement Act''.
SEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES.
(a) Permits for Purchase of Explosives in General.--
(1) In general.--Section 842 of title 18, United States
Code, is amended--
(A) in subsection (a)(3), by striking subparagraphs
(A) and (B) and inserting the following:
``(A) to transport, ship, cause to be transported,
or receive any explosive materials; or
``(B) to distribute explosive materials to any
person other than a licensee or permittee.''; and
(B) in subsection (b)--
(i) by adding ``or'' at the end of
paragraph (1);
(ii) by striking ``; or'' at the end of
paragraph (2) and inserting a period; and
(iii) by striking paragraph (3).
(2) Regulations.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the
Treasury shall promulgate final regulations with
respect to the amendments made by paragraph (1).
(B) Notice to states.--On the promulgation of final
regulations under subparagraph (A), the Secretary of
the Treasury shall notify the States of the regulations
in order that the States may consider legislation to
amend relevant State laws relating to explosives.
(b) Background Checks.--Section 842 of title 18, United States
Code, is amended by adding at the end the following:
``(p) Background Checks.--
``(1) Definitions.--In this subsection:
``(A) Chief law enforcement officer.--The term
`chief law enforcement officer' means the chief of
police, the sheriff, or an equivalent officer or the
designee of such an individual.
``(B) System.--The term `system' means the national
instant criminal background check system established
under section 103 of the Brady Handgun Violence
Prevention Act (18 U.S.C. 922 note).
``(2) Prohibition.--A licensed importer, licensed
manufacturer, or licensed dealer shall not transfer explosive
materials to a permitee unless--
``(A) before the completion of the transfer, the
licensee contacts the system;
``(B)(i) the system provides the licensee with a
unique identification number; or
``(ii) 5 days on which State offices are open have
elapsed since the licensee contacted the system, and
the system has not notified the licensee that the
receipt of explosive materials by the transferee would
violate subsection (i);
``(C) the transferor has verified the identity of
the transferee by examining a valid identification
document (as defined in section 1028) of the transferee
containing a photograph of the transferee; and
``(D) the transferor has examined the permit issued
to the transferee under section 843 and recorded the
permit number on the record of the transfer.
``(3) Identification number.--If receipt of explosive
materials would not violate section 842(i) or State law, the
system shall--
``(A) assign a unique identification number to the
transfer; and
``(B) provide the licensee with the number.
``(4) Exceptions.--Paragraph (2) shall not apply to a
transfer of explosive materials between a licensee and another
person if, on application of the transferor, the Secretary has
certified that compliance with paragraph (2)(A) is
impracticable because--
``(A) the ratio of the number of law enforcement
officers of the State in which the transfer is to occur
to the number of square miles of land area of the State
does not exceed 0.0025;
``(B) the business premises of the licensee at
which the transfer is to occur are extremely remote in
relation to the chief law enforcement officer; and
``(C) there is an absence of telecommunications
facilities in the geographical area in which the
business premises are located.
``(5) Inclusion of identification number.--If the system
notifies the licensee that the information available to the
system does not demonstrate that the receipt of explosive
materials by the transferee would violate subsection (i) or
State law, and the licensee transfers explosive materials to
the transferee, the licensee shall include in the record of the
transfer the unique identification number provided by the
system with respect to the transfer.
``(6) Penalties.--If the licensee knowingly transfers
explosive materials to another person and knowingly fails to
comply with paragraph (2) with respect to the transfer, the
Secretary may, after notice and opportunity for a hearing--
``(A) suspend for not more than 6 months or revoke
any license issued to the licensee under section 843;
and
``(B) impose on the licensee a civil penalty of not
more than $5,000.
``(7) No liability.--Neither a local government nor an
employee of the Federal Government or of any State or local
government, responsible for providing information to the system
shall be liable in an action at law for damages--
``(A) for failure to prevent the transfer of
explosive materials to a person whose receipt or
possession of the explosive material is unlawful under
this section; or
``(B) for preventing such a transfer to a person
who may lawfully receive or possess explosive
materials.
``(8) Determination of ineligibility.--
``(A) Written reasons provided on request.--If the
system determines that an individual is ineligible to
receive explosive materials and the individual requests
the system to provide the reasons for the
determination, the system shall provide such reasons to
the individual, in writing, not later than 5 business
days after the date of the request.
``(B) Correction of erroneous system information.--
``(i) In general.--If the system informs an
individual contacting the system that receipt
of explosive materials by a prospective
transferee would violate subsection (i) or
applicable State law, the prospective
transferee may request the Attorney General to
provide the prospective transferee with the
reasons for the determination.
``(ii) Treatment of requests.--On receipt a
request under subparagraph (A), the Attorney
General shall immediately comply with the
request.
``(iii) Submission of additional
information.--
``(I) In general.--A prospective
transferee may submit to the
Attorney General information to correct, clarify, or supplement records
of the system with respect to the prospective transferee.
``(II) Action by the attorney
general.--After receipt of information
under clause (i), the Attorney General
shall--
``(aa) immediately consider
the information;
``(bb) investigate the
matter further; and
``(cc) correct all
erroneous Federal records
relating to the prospective
transferee and give notice of
the error to any Federal
department or agency or any
State that was the source of
such erroneous records.''.
(c) Remedy for Erroneous Denial of Explosive Materials.--
(1) In general.--Chapter 40 of title 18, United States
Code, is amended by inserting after section 843 the following:
``Sec. 843A. Remedy for erroneous denial of explosive materials
``(a) In General.--Any person denied explosive materials under
section 842(p)--
``(1) due to the provision of erroneous information
relating to the person by any State or political subdivision of
a State or by the national instant criminal background check
system referred to in section 922(t); or
``(2) who was not prohibited from receiving explosive
materials under section 842(i);
may bring an action against an entity described in subsection (b) for
an order directing that the erroneous information be corrected or that
the transfer be approved, as the case may be.
``(b) Entities Described.--An entity referred to in subsection (a)
is the State or political subdivision responsible for providing the
erroneous information referred to in subsection (a)(1) or denying the
transfer of explosives or the United States, as the case may be.
``(c) Attorney's Fees.--In any action brought under this section,
the court, in its discretion, may allow the prevailing party a
reasonable attorney's fee as part of the costs.''.
(2) Technical amendment.--The analysis for chapter 40 of
title 18, United States Code, is amended by inserting after the
item relating to section 843 the following:
``843A. Remedy for erroneous denial of explosive materials.''.
(d) Licenses and User Permits.--Section 843(a) of title 18, United
States Code, is amended--
(1) by inserting ``, including fingerprints and a
photograph of the applicant'' before the period at the end of
the first sentence; and
(2) by striking the second sentence and inserting the
following: ``Each applicant for a license shall pay for each
license a fee established by the Secretary in an amount not to
exceed $300. Each applicant for a permit shall pay for each
permit a fee established by the Secretary in an amount not to
exceed $100.''.
(e) Penalties.--Section 844(a) of title 18, United States Code, is
amended--
(1) by inserting ``(1) after ``(a)''; and
(2) by adding at the end the following:
``(2) Background checks.--A person who violates section
842(p) shall be fined under this title, imprisoned not more
than 5 years, or both.''.
(f) Effective Date.--The amendments made by subsections (a), (b),
(c), and (e) take effect 18 months after the date of enactment of this
Act. | Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials (currently, in interstate or foreign commerce, and with a specified exception based on residency); or (2) distributing explosive materials to any person other than such a licensee or permittee (currently, who the distributor knows or has reasonable cause to believe does not reside in the same State or who is a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence).
Directs the Secretary of the Treasury to: (1) promulgate final regulations with respect to such provisions within 180 days; and (2) notify the States, upon promulgation of final regulations, so the States may consider legislation to amend relevant State laws relating to explosives.
Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; (2) either the system provides the licensee with a unique identification number or five days (on which State offices are open) have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate Federal law; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer. Requires the system to assign a unique identification number to the transfer and provide the licensee with the number if receipt of explosive materials would not violate code provisions or State law. Makes this prohibition inapplicable in certain cases based on impracticability.
Sets forth provisions regarding: (1) penalties for prohibition violations; (2) immunity from liability for governments and government employees responsible for providing information to the system; (3) information to be supplied to individuals determined to be ineligible to receive explosive materials; and (4) the remedy for erroneous denial of explosive materials.
Requires applications for explosive materials licenses and user permits to include fingerprints and a photograph of each applicant. Modifies the fee amount that the Secretary may set for licenses and permits. Sets penalties for violation of background check provisions of this Act. | {"src": "billsum_train", "title": "Dangerous Explosives Background Checks Requirement Act"} | 2,262 | 595 | 0.635189 | 2.007669 | 0.653902 | 3.192534 | 3.978389 | 0.854617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Housing Opportunity and
Enhancement Act of 2005''.
SEC. 2. GUARANTEES FOR RURAL HOUSING LOANS.
(a) Income Limitation.--
(1) In general.--Section 502(h) of the Housing Act of 1949
(42 U.S.C. 1472(h)) is amended--
(A) by striking paragraph (3); and
(B) in paragraph (11), by striking `` for low and
moderate income families''.
(2) Repeal.--Section 751 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (42 U.S.C. 1472 note) is hereby
repealed:
(b) Guarantee Fee.--
(1) In general.--Section 502(h)(8) of the Housing Act of
1949 is amended by striking ``not more than 1 percent'' and
inserting ``0.9 percent''.
(2) Repeals.--The following provisions are hereby repealed:
(A) Section 739 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001 (42 U.S.C. 1472
note).
(B) Section 726 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2005 (118 Stat. 2842).
(c) Repayment Ability.--Section 502(h) of the Housing Act of 1949
is amended by inserting after paragraph (2) the following new
paragraph:
``(3) Eligibility of borrowers.--Any regulations of the
Secretary limiting eligibility of borrowers for loans
guaranteed pursuant to this subsection based upon the ratio
between the debt and income of the borrower shall provide for a
higher income-to-debt ratio with respect to loans for newly
constructed properties''.
SEC. 3. GUARANTEES FOR REFINANCING LOANS.
Section 502(h)(14) of the Housing Act of 1949 (42 U.S.C.
1472(h)(13)) is amended as follows:
(1) Guarantee fee.--
(A) In subparagraph (A), by striking ``(F)'' and
inserting ``(I)''
(B) In subparagraph (E), by striking ``(8),''.
(C) By redesignating subparagraphs (E) and (F) as
subparagraphs (H) and (I), respectively.
(D) By inserting after subparagraph (D) the
following new subparagraph:
``(E) Guarantee fee.--With respect to a refinancing
loan under this paragraph, the Secretary may collect
from the lender at the time of issuance of the
guarantee a fee equal to 0.5 percent of the principal
obligation of the loan.''.
(2) Refinancing other types of mortgages.--In subparagraph
(A)--
(A) by inserting ``(i)'' before ``under this
section''; and
(B) by inserting before the last comma the
following: ``, or (ii) to acquire or construct a
single-family residence that meets the requirements of
paragraph (4)''.
(3) Loan amount.--In subparagraph (D), by striking ``and
such closing costs'' and all that follows through ``prescribe''
and inserting the following: ``and closing costs, which shall
include amounts paid as an origination fee, but not in excess
of 1 percent of the principal obligation of the loan, amounts
paid as a discount fee, but not in excess of 200 basis points,
any amounts required to be paid into escrow upon loan
origination, and such other closing costs as the Secretary may
prescribe''.
(4) Elimination of income restriction.--In subparagraph
(H), as so redesignated by paragraph (1)(B) of this section, by
striking ``(3),''.
(5) Loan requirements.--By inserting before subparagraph
(H), as so redesignated by paragraph (1)(B) of this section,
the following new subparagraphs:
``(F) Prohibited loan terms.--The Secretary may not
require, for a refinancing loan to be eligible for a
guarantee under this paragraph--
``(i) that an appraisal credit report or
underwriting be conducted in connection with
the loan; or
``(ii) in the case of a loan described in
clause (i) of subparagraph (A), that the
residence in connection with which the loan is
made be located in a rural area.
``(G) Required loan terms.--The Secretary shall
require, for a refinancing loan to be eligible for a
guarantee under this paragraph, that--
``(i) the borrower is not delinquent with
respect to payment of the existing loan being
refinanced; and
``(ii) the monthly payments required by the
borrower under the refinancing loan be at least
$50 less than the monthly payments so required
under the existing loan being refinanced.''.
SEC. 4. RECORDING OF LOANS.
Section 501 of the Housing Act of 1949 (42 U.S.C. 1471) is amended
by adding at the end the following new subsection:
``(k) Recording Requirements.--The Secretary shall provide that
each loan made, insured, or guaranteed under this title shall be
recorded, in accordance with any applicable State and local laws
requiring recordation of loans, as a loan made, insured, or guaranteed
(as appropriate) by the Department of Agriculture, and not as a
conventional loan.''.
SEC. 5. RURAL AREA DEFINITION.
Clause (3) of the first sentence of section 520 of the Housing Act
of 1949 (42 U.S.C. 1490) is amended by striking ``and (A)'' and all
that follows through ``moderate-income families,''.
SEC. 6. INCOME LIMITATION FOR DIRECT LOANS.
The first sentence of paragraph (4) of section 501(b) of the
Housing Act of 1949 (42 U.S.C. 1471(b)(4)) is amended by inserting
before the period at the end the following: ``, except that in
determining such respective levels for purposes of direct loans made
under section 502, section 3(b)(2) of such Act (42 U.S.C. 1437a(b)(2))
shall be applied by substituting `150 percent' for `80 per centum' each
place such term appears and by substituting `93.75 percent' for `50 per
centum' each place such term appears''. | Rural Housing Opportunity and Enhancement Act of 2005 - Amends the Doug Bereuter Section 502 Single Family Housing Loan Guarantee Act of the Housing Act of 1949 with respect to the single family rural housing loan guarantee program to: (1) eliminate low and moderate income eligibility requirements; (2) reduce maximum guarantee fees paid by lenders; and (3) require any regulation limiting borrower eligibility based upon the borrower's debt-income ratio to provide for a higher income-to-debt ratio for newly-constructed property loans.
Revises refinancing loan guarantee provisions to: (1) authorize a specified lender guarantee fee; (2) permit a guarantee to acquire or construct an eligible single-family residence; (3) amend closing cost provisions; (4) eliminate income requirements; (5) prohibit that an appraisal credit report be required in connection with the loan, or that the residence be in a rural area for an existing loan; and (6) require that the borrower is not delinquent with respect to existing loan payments, and that monthly refinance payments be at least $50 less than existing monthly payments.
Requires agricultural housing loans to be recorded as Department of Agriculture, rather than conventional, loans.
Revises the definition of "rural area."
Increases direct loan income limitations. | {"src": "billsum_train", "title": "To amend section 502(h) of the Housing Act of 1949 to improve the rural housing loan guarantee program, and for other purposes."} | 1,522 | 266 | 0.594453 | 1.897024 | 0.768696 | 2.164 | 5.14 | 0.884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ratepayer Protection Act of 2015''.
SEC. 2. EXTENDING COMPLIANCE DATES OF RULES ADDRESSING CARBON DIOXIDE
EMISSIONS FROM EXISTING POWER PLANTS PENDING JUDICIAL
REVIEW.
(a) Extension of Compliance Dates.--
(1) Extension.--Each compliance date of any final rule
described in subsection (b) is deemed to be extended by the
time period equal to the time period described in subsection
(c).
(2) Definition.--In this subsection, the term ``compliance
date''--
(A) means, with respect to any requirement of a
final rule described in subsection (b), the date by
which any State, local, or tribal government or other
person is first required to comply; and
(B) includes the date by which State plans are
required to be submitted to the Environmental
Protection Agency under any such final rule.
(b) Final Rules Described.--A final rule described in this
subsection is any final rule to address carbon dioxide emissions from
existing sources that are fossil fuel-fired electric utility generating
units under section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)),
including any final rule that succeeds--
(1) the proposed rule entitled ``Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility
Generating Units'' published at 79 Fed. Reg. 34830 (June 18,
2014); or
(2) the supplemental proposed rule entitled ``Carbon
Pollution Emission Guidelines for Existing Stationary Sources:
EGUs in Indian Country and U.S. Territories; Multi-
Jurisdictional Partnerships'' published at 79 Fed. Reg. 65482
(November 4, 2014).
(c) Period Described.--The time period described in this subsection
is the period of days that--
(1) begins on the date that is 60 days after the day on
which notice of promulgation of a final rule described in
subsection (b) appears in the Federal Register; and
(2) ends on the date on which judgment becomes final, and
no longer subject to further appeal or review, in all actions
(including actions that are filed pursuant to section 307 of
the Clean Air Act (42 U.S.C. 7607))--
(A) that are filed during the 60 days described in
paragraph (1); and
(B) that seek review of any aspect of such rule.
(d) Sense of Congress.--The Congress encourages the Administrator
of the Environmental Protection Agency, in promulgating, implementing,
or enforcing any final rule described in subsection (b), to
specifically address how the megawatt hours discharged from a pumped
hydroelectric storage system will be incorporated into State and
Federal implementation plans adopted pursuant to any such final rule.
SEC. 3. RATEPAYER PROTECTION.
(a) Effects of Plans.--No State shall be required to adopt or
submit a State plan, and no State or entity within a State shall become
subject to a Federal plan, pursuant to any final rule described in
section 2(b), if the Governor of such State makes a determination, and
notifies the Administrator of the Environmental Protection Agency, that
implementation of the State or Federal plan would--
(1) have a significant adverse effect on the State's
residential, commercial, or industrial ratepayers, taking into
account--
(A) rate increases that would be necessary to
implement, or are associated with, the State or Federal
plan; and
(B) other rate increases that have been or are
anticipated to be necessary to implement, or are
associated with, other Federal or State environmental
requirements; or
(2) have a significant adverse effect on the reliability of
the State's electricity system, taking into account the effects
on the State's--
(A) existing and planned generation and
retirements;
(B) existing and planned transmission and
distribution infrastructure; and
(C) projected electricity demands.
(b) Consultation.--In making a determination under subsection (a),
the Governor of a State shall consult with--
(1) the public utility commission or public service
commission of the State;
(2) the environmental protection, public health, and
economic development departments or agencies of the State; and
(3) the Electric Reliability Organization (as defined in
section 215 of the Federal Power Act (16 U.S.C. 824o)).
SEC. 4. TREATMENT OF HYDROPOWER AS RENEWABLE ENERGY.
In issuing, implementing, and enforcing any final rule described in
section 2(b), the Administrator of the Environmental Protection Agency
shall treat hydropower as renewable energy.
Passed the House of Representatives June 24, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Ratepayer Protection Act of 2015 (Sec. 2) This bill extends compliance deadlines for rules under the Clean Air Act that address carbon dioxide emissions from existing fossil fuel-fired power plants pending final judicial review. This extension applies to any final rule that succeeds either: the proposed rule entitled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units"; or the supplemental proposed rule entitled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-Jurisdictional Partnerships." The extension period begins 60 days after the notice of promulgation of a final rule appears in the Federal Register and ends when the rule is no longer subject to judicial appeal or review. The bill urges the Environmental Protection Agency (EPA), in promulgating, implementing, or enforcing the rules, to address how the megawatt hours discharged from a pumped hydroelectric storage system will be incorporated into implementation plans adopted pursuant to the rules. (Sec. 3) A state is not required to submit or follow an implementation plan that addresses carbon dioxide emissions from existing power plants if it determines that the plan would have a significant adverse effect on: (1) the state's residential, commercial, or industrial ratepayers; or (2) the reliability of the state's electricity system. (Sec. 4) The EPA must treat hydropower as renewable energy when implementing or enforcing the rules. | {"src": "billsum_train", "title": "Ratepayer Protection Act of 2015"} | 1,075 | 351 | 0.704582 | 2.189971 | 0.860024 | 3.604396 | 3.47619 | 0.886447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Affordability and
Security Act of 2009''.
SEC. 2. TREATMENT OF PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE
CONTRACTS.
(a) In General.--
(1) Cafeteria plans.--The last sentence of section 125(f)
of the Internal Revenue Code of 1986 (defining qualified
benefits) is amended by inserting before the period at the end
``; except that such term shall include the payment of premiums
for any qualified long-term care insurance contract (as defined
in section 7702B) to the extent the amount of such payment does
not exceed the eligible long-term care premiums (as defined in
section 213(d)(10)) for such contract''.
(2) Flexible spending arrangements.--Section 106 of such
Code (relating to contributions by an employer to accident and
health plans) is amended by striking subsection (c) and
redesignating subsection (d) as subsection (c).
(b) Conforming Amendments.--
(1) Section 6041 of such Code is amended by adding at the
end the following new subsection:
``(h) Flexible Spending Arrangement Defined.--For purposes of this
section, a flexible spending arrangement is a benefit program which
provides employees with coverage under which--
``(1) specified incurred expenses may be reimbursed
(subject to reimbursement maximums and other reasonable
conditions), and
``(2) the maximum amount of reimbursement which is
reasonably available to a participant for such coverage is less
than 500 percent of the value of such coverage.
In the case of an insured plan, the maximum amount reasonably available
shall be determined on the basis of the underlying coverage.''.
(2) The following sections of such Code are each amended by
striking ``section 106(d)'' and inserting ``section 106(c)'':
sections 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), 3231(e)(11),
3306(b)(18), 3401(a)(22), 4973(g)(1), and 4973(g)(2)(B)(i).
(3) Section 6041(f)(1) of such Code is amended by striking
``(as defined in section 106(c)(2))''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2008.
SEC. 3. ADDITIONAL CONSUMER PROTECTIONS FOR LONG-TERM CARE INSURANCE.
(a) Additional Protections Applicable to Long-Term Care
Insurance.--Subparagraphs (A) and (B) of section 7702B(g)(2) of the
Internal Revenue Code of 1986 (relating to requirements of model
regulation and Act) are amended to read as follows:
``(A) In general.--The requirements of this
paragraph are met with respect to any contract if such
contract meets--
``(i) Model regulation.--The following
requirements of the model regulation:
``(I) Section 6A (relating to
guaranteed renewal or
noncancellability), other than
paragraph (5) thereof, and the
requirements of section 6B of the model
Act relating to such section 6A.
``(II) Section 6B (relating to
prohibitions on limitations and
exclusions) other than paragraph (7)
thereof.
``(III) Section 6C (relating to
extension of benefits).
``(IV) Section 6D (relating to
continuation or conversion of
coverage).
``(V) Section 6E (relating to
discontinuance and replacement of
policies).
``(VI) Section 7 (relating to
unintentional lapse).
``(VII) Section 8 (relating to
disclosure), other than sections 8F,
8G, 8H, and 8I thereof.
``(VIII) Section 11 (relating to
prohibitions against post-claims
underwriting).
``(IX) Section 12 (relating to
minimum standards).
``(X) Section 13 (relating to
requirement to offer inflation
protection).
``(XI) Section 25 (relating to
prohibition against preexisting
conditions and probationary periods in
replacement policies or certificates).
``(XII) The provisions of section
28 relating to contingent nonforfeiture
benefits, if the policyholder declines
the offer of a nonforfeiture provision
described in paragraph (4) of this
subsection.
``(ii) Model act.--The following
requirements of the model Act:
``(I) Section 6C (relating to
preexisting conditions).
``(II) Section 6D (relating to
prior hospitalization).
``(III) The provisions of section 8
relating to contingent nonforfeiture
benefits, if the policyholder declines
the offer of a nonforfeiture provision
described in paragraph (4) of this
subsection.
``(B) Definitions.--For purposes of this
paragraph--
``(i) Model regulation.--The term `model
regulation' means the long-term care insurance
model regulation promulgated by the National
Association of Insurance Commissioners (as
adopted as of December 2006).
``(ii) Model act.--The term `model Act'
means the long-term care insurance model Act
promulgated by the National Association of
Insurance Commissioners (as adopted as of
December 2006).
``(iii) Coordination.--Any provision of the
model regulation or model Act listed under
clause (i) or (ii) of subparagraph (A) shall be
treated as including any other provision of
such regulation or Act necessary to implement
the provision.
``(iv) Determination.--For purposes of this
section and section 4980C, the determination of
whether any requirement of a model regulation
or the model Act has been met shall be made by
the Secretary.''.
(b) Excise Tax.--Paragraph (1) of section 4980C(c) of the Internal
Revenue Code of 1986 (relating to requirements of model provisions) is
amended to read as follows:
``(1) Requirements of model provisions.--
``(A) Model regulation.--The following requirements
of the model regulation must be met:
``(i) Section 9 (relating to required
disclosure of rating practices to consumer).
``(ii) Section 14 (relating to application
forms and replacement coverage).
``(iii) Section 15 (relating to reporting
requirements).
``(iv) Section 22 (relating to filing
requirements for marketing).
``(v) Section 23 (relating to standards for
marketing), including inaccurate completion of
medical histories, other than paragraphs (1),
(6), and (9) of section 23C.
``(vi) Section 24 (relating to
suitability).
``(vii) Section 27 (relating to the right
to reduce coverage and lower premiums).
``(viii) Section 31 (relating to standard
format outline of coverage).
``(ix) Section 32 (relating to requirement
to deliver shopper's guide).
The requirements referred to in clause (vi) shall not
include those portions of the personal worksheet
described in Appendix B relating to consumer protection
requirements not imposed by section 4980C or 7702B.
``(B) Model act.--The following requirements of the
model Act must be met:
``(i) Section 6F (relating to right to
return).
``(ii) Section 6G (relating to outline of
coverage).
``(iii) Section 6H (relating to
requirements for certificates under group
plans).
``(iv) Section 6J (relating to policy
summary).
``(v) Section 6K (relating to monthly
reports on accelerated death benefits).
``(vi) Section 7 (relating to
incontestability period).
``(vii) Section 9 (relating to producer
training requirements).
``(C) Definitions.--For purposes of this paragraph,
the terms `model regulation' and `model Act' have the
meanings given such terms by section 7702B(g)(2)(B).''.
(c) Effective Date.--The amendments made by this section shall
apply to policies issued more than 1 year after the date of the
enactment of this Act. | Long-Term Care Affordability and Security Act of 2009 - Amends the Internal Revenue Code to: (1) include long-term care insurance as a benefit under tax-exempt employee benefit cafeteria plans and flexible spending arrangements; and (2) extend certain consumer protections under the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners to all contracts for long-term care insurance. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow long-term care insurance to be offered under cafeteria plans and flexible spending arrangements and to provide additional consumer protections for long-term care insurance."} | 1,845 | 90 | 0.511138 | 1.246191 | 0.811019 | 3.538462 | 21.410256 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Postmasters Fairness and Rights
Act''.
SEC. 2. POSTMASTERS TO BE COVERED BY AGREEMENTS RELATING TO PAY
POLICIES AND SCHEDULES AND FRINGE BENEFIT PROGRAMS.
Section 1004 of title 39, United States Code, is amended by
redesignating subsections (g) and (h) as subsections (i) and (j),
respectively, and by inserting after subsection (f) the following:
``(g)(1) The Postal Service shall, within 45 days of each date on
which an agreement is reached on a collective bargaining agreement
between the Postal Service and the bargaining representative recognized
under section 1203 which represents the largest number of employees,
make a proposal for any changes in pay policies and schedules and
fringe benefit programs for postmasters which are to be in effect
during the same period as covered by such agreement.
``(2) The Postal Service and the postmasters' organization (or, if
more than 1, all postmasters' organizations) shall strive to resolve
any differences concerning the proposal described in paragraph (1).
``(3) If, within 60 days following the submission of the proposal,
the Postal Service and the postmasters' organization (or organizations)
are unable to reach agreement, either the Postal Service or the
postmasters' organization (or organizations jointly) shall have the
right to refer the dispute to an arbitration board established under
paragraph (4).
``(4) An arbitration board shall be established to consider and
decide a dispute arising under paragraph (3) and shall consist of 3
members, 1 of whom shall be selected by the Postal Service, 1 by the
postmasters' organization (or organizations jointly), and the third by
the 2 thus selected. If either the Postal Service or the postmasters'
organization (or organizations) fail to select a member within 30 days
after the dispute is referred to an arbitration board under this
subsection, or if the members chosen fail to agree on the third person
within 5 days after their first meeting, the selection shall be made by
the Director of the Federal Mediation and Conciliation Service.
``(5) The arbitration board shall give the parties a full and fair
hearing, including an opportunity for each party to present evidence in
support of its claims and an opportunity to present its case in person,
by counsel, or by such other representative as such party may elect.
Decisions by the arbitration board shall be conclusive and binding upon
the parties. The arbitration board shall render its decision within 45
days after its appointment.
``(6) Costs of the arbitration board shall be shared equally by the
Postal Service and the postmasters' organization (or organizations),
with the Postal Service to be responsible for one-half of those costs
and the postmasters' organization (or organizations) to be responsible
for the remainder.
``(7) Nothing in this subsection shall be considered to affect the
application of section 1005.''.
SEC. 3. RIGHT OF POSTMASTERS' ORGANIZATIONS TO PARTICIPATE IN PLANNING
AND DEVELOPMENT OF PROGRAMS.
The second sentence of section 1004(b) of title 39, United States
Code, is amended by striking ``or that a managerial organization (other
than an organization representing supervisors) represents a substantial
percentage of managerial employees,'' and inserting ``or that a
managerial organization (other than an organization representing
supervisors or postmasters) represents a substantial percentage of
managerial employees, or that an organization qualifies as a
postmasters' organization,''.
SEC. 4. POSTMASTERS AND POSTMASTERS' ORGANIZATION DEFINED.
Subsection (i) of section 1004 of title 39, United States Code, as
so redesignated by section 2, is amended by striking ``and'' at the end
of paragraph (1), by striking the period at the end of paragraph (2)
and inserting a semicolon, and by adding at the end the following:
``(3) `postmaster' means an individual who manages, with or
without the assistance of subordinate managers or supervisors,
the operations of a post office; and
``(4) `postmasters' organization' means, with respect to a
year, any organization of postmasters whose membership as of
June 30th of the preceding year included not less than 20
percent of all individuals employed as postmasters as of that
date.''.
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 1001(e) of title 39, United States Code, is amended (in
the matter before paragraph (1)) by inserting ``agreements under
section 1004(g),'' after ``regulations,''.
(b) Section 1003(a) of title 39, United States Code, is amended in
the first sentence by inserting ``section 1004(g) of this title,''
before ``section 8G''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take effect after the end of
the 90-day period beginning on the date of enactment of this Act. | Grants certain qualified postmasters' organizations the right to participate in program planning and development pertaining to pay policies, schedules, and fringe benefits. | {"src": "billsum_train", "title": "Postmasters Fairness and Rights Act"} | 1,138 | 32 | 0.510787 | 1.340721 | 0.03584 | 1.384615 | 40.153846 | 0.769231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Cloning Prohibition Act of
2105''.
SEC. 2. FINDINGS.
Congress finds that--
(1) some individuals have announced that they will continue
attempts to clone human beings using the technique known as
somatic cell nuclear transfer already used with limited success
in sheep and other animals;
(2) nearly all scientists agree that such attempts pose a
massive risk of producing children who are stillborn,
unhealthy, or severely disabled, and considered opinion is
virtually unanimous that such attempts are therefore grossly
irresponsible and unethical;
(3) efforts to create human beings by cloning mark a new
and decisive step toward turning human reproduction into a
manufacturing process in which children are made in
laboratories to preordained specifications and, potentially, in
multiple copies;
(4) because it is an asexual form of reproduction, cloning
confounds the meaning of ``father'' and ``mother'' and confuses
the identity and kinship relations of any cloned child, and
thus threatens to weaken existing notions regarding who bears
which parental duties and responsibilities for children;
(5) because cloning requires no personal involvement by the
person whose genetic material is used, cloning could easily be
used to reproduce living or deceased persons without their
consent;
(6) creating cloned live-born human children (sometimes
called ``reproductive cloning'') necessarily begins by creating
cloned human embryos, a process which some also propose as a
way to create embryos for research or as sources of cells and
tissues for possible treatment of other humans;
(7) the prospect of creating new human life solely to be
exploited and destroyed in this way has been condemned on moral
grounds by many, including supporters of a right to abortion,
as displaying a profound disrespect for life, and recent
scientific advances with adult stem cells indicate that there
are fruitful and morally unproblematic alternatives to this
approach;
(8) in order to be effective, a ban on human cloning must
stop the cloning process at the beginning because--
(A) cloning would take place within the privacy of
a doctor-patient relationship;
(B) the transfer of embryos to begin a pregnancy is
a simple procedure; and
(C) any government effort to prevent the transfer
of an existing embryo, or to prevent birth once the
transfer has occurred, would raise substantial moral,
legal, and practical issues, so that it will be nearly
impossible to prevent attempts at ``reproductive
cloning'' once cloned human embryos are available in
the laboratory;
(9) the scientifically and medically useful practices of
cloning of DNA fragments, known as molecular cloning, the
duplication of somatic cells (or stem cells) in tissue culture,
known as cell cloning, and whole-organism or embryo cloning of
nonhuman animals are appropriate uses of medical technology;
(10) in the preamble to the 1998 Additional Protocol on the
Prohibition of Cloning Human Beings the Council of Europe
agreed that ``the instrumentalisation of human beings through
the deliberate creation of genetically identical human beings
is contrary to human dignity and thus constitutes a misuse of
biology and medicine'';
(11) collaborative efforts to perform human cloning are
conducted in ways that affect interstate and even international
commerce, and the legal status of cloning will have a great
impact on how biotechnology companies direct their resources
for research and development;
(12) at least 23 countries have banned all human cloning,
including Canada, France, and Germany;
(13) the United Nations has passed a declaration calling
for all human cloning to be banned by member nations; and
(14) cloned human embryos have been created in a few cases,
to be destroyed to extract embryonic stem cells; these few
successes substantially increase the risk for exploitation of
women for human eggs needed to create clones, and continued
experimentation makes it more likely that there will be
attempts to gestate cloned human embryos to birth.
SEC. 3. PROHIBITION ON HUMAN CLONING.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 15 the following:
``CHAPTER 16--HUMAN CLONING
``Sec.
``301. Definitions.
``302. Prohibition on human cloning.
``Sec. 301. Definitions
``In this chapter:
``(1) Human cloning.--The term `human cloning' means human
asexual reproduction, accomplished by introducing the nuclear
material of a human somatic cell into a fertilized or
unfertilized oocyte whose nucleus has been removed or
inactivated to produce a living organism (at any stage of
development) with a human or predominantly human genetic
constitution.
``(2) Somatic cell.--The term `somatic cell' means a
diploid cell (having a complete set of chromosomes) obtained or
derived from a living or deceased human body at any stage of
development.
``Sec. 302. Prohibition on human cloning
``(a) In General.--It shall be unlawful for any person or entity,
public or private, in or affecting interstate commerce--
``(1) to perform or attempt to perform human cloning;
``(2) to participate in an attempt to perform human
cloning; or
``(3) to ship or receive the product of human cloning for
any purpose.
``(b) Importation.--It shall be unlawful for any person or entity,
public or private, to import the product of human cloning for any
purpose.
``(c) Penalties.--
``(1) In general.--Any person or entity that is convicted
of violating any provision of this section shall be fined under
this section or imprisoned not more than 10 years, or both.
``(2) Civil penalty.--Any person or entity that is
convicted of violating any provision of this section shall be
subject to, in the case of a violation that involves the
derivation of a pecuniary gain, a civil penalty of not less
than $1,000,000 and not more than an amount equal to the amount
of the gross gain multiplied by 2, if that amount is greater
than $1,000,000.
``(d) Scientific Research.--Nothing in this section shall restrict
areas of scientific research not specifically prohibited by this
section, including research in the use of nuclear transfer or other
cloning techniques to produce molecules, DNA, cells other than human
embryos, tissues, organs, plants, or animals other than humans.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 15 the following:
``16. Human Cloning......................................... 301''. | Human Cloning Prohibition Act of 2105 This bill amends the federal criminal code to prohibit human cloning for reproductive and research purposes. Specifically, the bill makes it a crime for any public or private person or entity to: perform, attempt to perform, or participate in an attempt to perform human cloning; or ship, receive, or import a product of human cloning for any purpose. It defines "human cloning" as asexual reproduction by replacing a fertilized or unfertilized egg nucleus with a human somatic (body) cell nucleus to produce a living organism with a human or predominantly human genetic constitution. A person or entity convicted of a human cloning offense is subject to a fine, up to 10 years in prison, or both. A person or entity who profits from such offense is also subject to a civil penalty of at least $1,000,000. This bill does not restrict scientific research using nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans. | {"src": "billsum_train", "title": "Human Cloning Prohibition Act of 2105 [sic]"} | 1,581 | 248 | 0.499419 | 1.548316 | 0.747567 | 3.77561 | 6.726829 | 0.868293 |
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