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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Author, Consumer, and Computer Owner
Protection and Security (ACCOPS) Act of 2003''.
TITLE I--INCREASED DOMESTIC ENFORCEMENT EFFORTS
SEC. 101. AUTHORIZED APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2004, to
the Department of Justice for investigation and prosecution of
violations of title 17, United States Code, not less than $15,000,000.
SEC. 102. NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION
COUNCIL.
Section 653(b) of title VI of Public Law 106-58 (15 U.S.C. 1128(b))
is amended by adding at the end the following: ``The Council shall
develop guidelines to ensure that its component members share amongst
themselves law enforcement information related to infringement of
United States copyrighted works.''
SEC. 103. ENHANCED CRIMINAL COPYRIGHT REPORTING.
Section 2320(f) of title 28, United States Code, is amended by
striking ``Beginning with the first year after the date of enactment of
this subsection, the Attorney General shall include in the report of
the Attorney General to Congress on the business of the Department of
Justice prepared pursuant to section 522 of title 28,'' and inserting
``Beginning with the first year after the date of enactment of this
subsection, the Attorney General shall submit to the House and Senate
Judiciary Committees on a biannual basis,''
TITLE II--INCREASED INTERNATIONAL ENFORCEMENT EFFORTS
SEC. 201. INFORMATION SHARING.
(a) In General.--Subject to the limitations in section 202, the
Attorney General of the United States shall provide to a foreign
authority evidence to assist such authority--
(1) in determining whether a person has violated any of the
copyright laws administered or enforced by the foreign
authority; or
(2) in enforcing any of such foreign copyright laws.
(b) Examples of Type of Evidence.--Such evidence includes evidence
obtained pursuant to criminal complaints or to investigations of
violations of sections 2318, 2319, 2319A, and 2320 of title 17, United
States Code that explains, analyzes, or describes--
(1) the nature of the violation;
(2) the technological means through which violations of the
copyright law has occurred;
(3) the identity and location of the person who has
committed such violation; or
(4) the estimated financial loss caused by the violation.
SEC. 202. LIMITATIONS.
The Attorney General shall not provide evidence under section 201--
(1) that is a matter occurring before a grand jury with
respect to which disclosure is prohibited by Federal Rules of
Criminal Procedure;
(2) that is classified; or
(3) that should not be disclosed for national security
reasons.
TITLE III--ANTI-PIRACY TOOLS
SEC. 301. CRIMINAL PENALTIES FOR PLACING WORKS ON COMPUTER NETWORKS.
Section 506(a) of title 17, United States Code, is amended--
(1) by striking ``, United States Code''; and
(2) by adding at the end the following: ``For purposes of
section 2319(b) of title 18, the placing of a copyrighted work,
without the authorization of the copyright owner, on a computer
network accessible to members of the public who are able to
copy the work through such access shall be considered to be the
distribution, during a 180-day period, of at least 10 copies of
that work with a retail value of more than $2,500.''.
SEC. 302. NOTICE AND CONSENT.
(a) In General.--Chapter 89 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1822. Notice and consent relating to certain software
``(a) Whoever knowingly offers enabling software for download over
the Internet and does not--
``(1) clearly and conspicuously warn any person downloading
that software, before it is downloaded, that it is enabling
software and could create a security and privacy risk for the
user's computer; and
``(2) obtain that person's prior consent to the download
after that warning;
shall be fined under this title or imprisoned not more than 6 months,
or both.
``(b) As used in this section, the term `enabling software' means
software that, when installed on the user's computer, enables 3rd
parties to store data on that computer, or use that computer to search
other computers' contents over the Internet.''.
(b) Amendment to Table of Sections.--The table of sections at the
beginning of chapter 89 of title 18, United States Code, is amended by
adding at the end the following new item:
``1822. Notice and consent relating to certain software.''.
SEC. 303. CRIMINAL PENALTIES FOR FALSE INFORMATION IN REGISTRATION OF
DOMAIN NAMES.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 1037. Fraudulent information in registering domain name
``(a) Offense.--Whoever knowingly and with intent to defraud
provides material and misleading false contact information to a domain
name registrar, domain name registry, or other domain name registration
authority in registering a domain name shall be fined under this title
or imprisoned not more than 5 years, or both.
``(b) Definitions.--In this section--
``(1) the term `domain name' means any alphanumeric
designation which is registered with or assigned by a domain
name registrar, domain name registry, or other domain name
registration authority as part of an electronic address on the
Internet; and
``(2) the term `Internet' has the meaning given that term
in section 230(f)(1) of the Communications Act of 1034 (47
U.S.C. 230(f)(1)).''.
(b) Conforming Amendment.--The table of sections for chapter 47 of
title 18, United States Code, is amended by adding at the end the
following new item:
``1037. Fraudulent information in registering domain name.''.
SEC. 304. PREVENTION OF SURREPTITIOUS RECORDING IN THEATERS.
Section 506(a) of title 17, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' after the comma;
(2) in paragraph (2), by inserting ``or'' after
``$1,000,''; and
(3) by inserting after paragraph (2) the following:
``(3) by the unauthorized reproduction or recording of a
motion picture as it is being performed or displayed in a
motion picture theater,''.
SEC. 305. EVIDENTIARY STANDARDS FOR CRIMINAL WILLFULNESS.
(a) Offense.--Section 506(a) of title 17, United States Code, as
amended by section 301 of this Act, is further amended by adding at the
end the following: ``The knowing and intentional provision of material
and misleading false contact information to a domain name registrar,
domain name registry, or other domain name registration authority in
registering a domain name shall be considered evidence of willfulness
with respect to infringements committed by the domain name registrant
through the use of that domain name.''.
(b) Definition.--Section 506 of title 17, United States Code, is
amended by adding at the end the following:
``(g) Definitions.--In this section--
``(1) the term `domain name' means any alphanumeric
designation which is registered with or assigned by a domain
name registrar, domain name registry, or other domain name
registration authority as part of an electronic address on the
Internet; and
``(2) the term `Internet' has the meaning given that term
in section 230(f)(1) of the Communications Act of 1034 (47
U.S.C. 230(f)(1)).''. | Author, Consumer, and Computer Owner Protection and Security (ACCOPS) Act of 2003 - Amends Federal law to require the National Intellectual Property Law Enforcement Coordination Council to develop guidelines to ensure that its component members share among themselves law enforcement information related to infringement of U.S. copyrighted work.
Requires the Attorney General to report biannually (currently, annually) to specified congressional committees on criminal copyright cases.
Requires the Attorney General, subject to specified limitations, to provide to a foreign authority evidence to assist it in: (1) determining whether a person has violated any of the copyright laws administered or enforced by the foreign authority; and (2) enforcing such laws.
Establishes criminal penalties for the unauthorized placing of a copyrighted work on a computer network accessible to members of the public who are able to copy the work through such access.
Establishes criminal penalties for any person who knowingly offers for download over the Internet enabling software (that, when installed on the user's computer, enables third parties to store data on that computer, or use that computer to search other computers' contents over the Internet) without warning any person downloading such software that it could create a security and privacy risk for the user's computer, and without obtaining the user's prior consent.
Establishes criminal penalties for persons who: (1) provides knowingly and intentionally fraudulent information in registering domain name; or (2) willfully infringe a copyright by the unauthorized reproduction or recording of a motion picture as it is being performed or displayed in a motion picture theater.
Declares that the knowing and intentional provision of material and misleading false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering such domain shall be considered evidence of willfulness regarding infringements committed by the domain name registrant through the use of such domain. | {"src": "billsum_train", "title": "To encourage the development and distribution of creative works by enhancing domestic and international enforcement of the copyright laws, and for other purposes."} | 1,858 | 417 | 0.584792 | 1.87572 | 0.915955 | 5.671388 | 4.524079 | 0.929178 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustaining Access to Vital Emergency
Medical Services Act of 2001''.
SEC. 2. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT
ASSISTANCE PROGRAM.
Part E of title XII of the Public Health Service Act (42 U.S.C.
300d-51 et seq.), as amended by section 1305 of the Children's Health
Act of 2000 (Public Law 106-310; 114 Stat. 1141) is amended by adding
at the end the following new section:
``SEC. 1254. RURAL EMERGENCY MEDICAL SERVICE TRAINING AND EQUIPMENT
ASSISTANCE PROGRAM.
``(a) Grants.--The Secretary, acting through the Administrator of
the Health Resources and Services Administration (referred to in this
section as the `Secretary') shall award grants to eligible entities to
enable such entities to provide for improved emergency medical services
in rural areas.
``(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
``(1) be--
``(A) a State emergency medical services office;
``(B) a State emergency medical services
association;
``(C) a State office of rural health;
``(D) a local government entity;
``(E) a State or local ambulance provider; or
``(F) any other entity determined appropriate by
the Secretary; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require, that includes--
``(A) a description of the activities to be carried
out under the grant; and
``(B) an assurance that the applicant will comply
with the matching requirement of subsection (e).
``(c) Use of Funds.--An entity shall use amounts received under a
grant made under subsection (a), either directly or through grants to
emergency medical service squads that are located in, or that serve
residents of, a non-metropolitan statistical area, an area designated
as rural area by any law or regulation of the State, or a rural census
tract of a metropolitan statistical area (as determined under the most
recent Goldsmith Modification, originally published in the Federal
Register on February 27, 1992 (57 Fed. Reg. 6725)), to--
``(1) hire or recruit emergency medical service personnel;
``(2) recruit or retain volunteer emergency medical service
personnel;
``(3) train emergency medical service personnel in
emergency response, injury prevention, safety awareness, and
other topics relevant to the delivery of emergency medical
services;
``(4) fund specific training to meet State or Federal
certification requirements;
``(5) develop new ways to educate emergency health care
providers through the use of technology-enhanced educational
methods (such as distance learning);
``(6) acquire emergency medical services vehicles,
including ambulances;
``(7) acquire emergency medical services equipment,
including cardiac defibrillators;
``(8) acquire personal protective equipment for emergency
medical services personnel as required by the Occupational
Safety and Health Administration; and
``(9) educate the public concerning cardiopulmonary
resuscitation (CPR), first aid, injury prevention, safety
awareness, illness prevention, and other related emergency
preparedness topics.
``(d) Preference.--In awarding grants under this section the
Secretary shall give preference to--
``(1) applications that reflect a collaborative effort by 2
or more of the entities described in subparagraphs (A) through
(F) of subsection (b)(1); and
``(2) applications submitted by entities that intend to use
amounts provided under the grant to fund activities described
in any of paragraphs (1) through (5) of subsection (c).
``(e) Matching Requirement.--The Secretary may not make a grant
under this section to an entity unless the entity agrees that the
entity will make available (directly or through contributions from
other public or private entities) non-Federal contributions toward the
activities to be carried out under the grant in an amount equal to 5
percent of the amount received under the grant.
``(f) Emergency Medical Services.--In this section, the term
`emergency medical services'--
``(1) means resources used by a qualified public or private
nonprofit entity, or by any other entity recognized as
qualified by the State involved, to deliver medical care
outside of a medical facility under emergency conditions that
occur--
``(A) as a result of the condition of the patient;
or
``(B) as a result of a natural disaster or similar
situation; and
``(2) includes services delivered by an emergency medical
services provider (either compensated or volunteer) or other
provider recognized by the State involved that is licensed or
certified by the State as an emergency medical technician or
its equivalent (as determined by the State), a registered
nurse, a physician assistant, or a physician that provides
services similar to services provided by such an emergency
medical services provider.
``(g) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $50,000,000 for each of fiscal years
2002 through 2007.
``(2) Administrative costs.--The Director may use not more
than 10 percent of the amount appropriated under paragraph (1)
for a fiscal year for the administrative expenses of carrying
out this section.''.
SEC. 3. PRUDENT LAYPERSON STANDARD FOR EMERGENCY AMBULANCE SERVICES
UNDER MEDICARE AND MEDICAID.
(a) Ambulance Services for Medicare Fee-For-Service
Beneficiaries.--Section 1861(s)(7) of the Social Security Act (42
U.S.C. 1395x(s)(7)) is amended by inserting before the semicolon at the
end the following: ``, except that such regulations shall not fail to
treat ambulance services as medical and other health services solely
because the ultimate diagnosis of the individual receiving the
ambulance services results in the conclusion that ambulance services
were not necessary, as long as the request for ambulance services is
made after the sudden onset of a medical condition that would be
classified as an emergency medical condition (as defined in section
1852(d)(3)(B)).''.
(b) Ambulance Services for Medicare+Choice Enrollees.--Section
1852(d)(3)(A) of the Social Security Act (42 U.S.C. 1395w-22(d)(3)(A))
is amended by inserting ``(including the services described in section
1861(s)(7))'' after ``outpatient services'' in the matter preceding
clause (i).
(c) Ambulance Services in Medicaid Managed Care Plans.--Section
1932(b)(2)(B) of the Social Security Act (42 U.S.C. 1396u-2(b)(2)(B))
is amended by inserting ``(including the services described in section
1861(s)(7) (if covered by the State plan))'' after ``outpatient
services'' in the matter preceding clause (i).
(d) Effective Date.--The amendments made by this section shall
apply with respect to services provided on and after the date of
enactment of the Act. | Sustaining Access to Vital Emergency Medical Services Act of 2001 - Amends the Public Health Service Act, as amended by the Children's Health Act of 2000, to direct the Secretary of Health and Human Services to award grants to eligible entities to enable such entities to provide for improved emergency medical services in rural areas.Amends titles XVIII (Medicare) (including part C (Medicare+Choice) of the Medicare program) and XIX (Medicaid) of the Social Security Act to establish a prudent layperson standard for emergency ambulance services under Medicare and Medicaid. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act and title XVIII of the Social Security Act to sustain access to vital emergency medical services in rural areas."} | 1,634 | 127 | 0.507377 | 1.245277 | 0.683898 | 4.117647 | 14.313725 | 0.921569 |
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arsenic-Treated Residential-Use
Lumber Prohibition Act''.
SEC. 2. HAZARDOUS WASTE CLASSIFICATION.
Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e))
is amended by adding at the end the following:
``(3) CCA lumber.--
``(A) Definitions.--In this paragraph:
``(i) CCA lumber.--The term `CCA lumber'
means lumber that is treated with any pesticide
that is a chromated copper arsenical.
``(ii) Pesticide.--The term `pesticide' has
the meaning given the term in section 2 of the
Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136).
``(B) Regulation of cca lumber.--
``(i) In general.--Notwithstanding section
261.4(b)(9) of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph), discarded CCA
lumber shall be disposed of in a lined landfill
with a leachate system and groundwater
monitoring system.
``(ii) Risk assessment.--
``(I) In general.--Not later than
June 15, 2002, the Administrator, in
consultation with the Consumer Products
Safety Commission, shall publish in the
Federal Register an assessment of the
risks posed by the production and use
of CCA lumber.
``(II) Methodology.--In conducting
the risk assessment, the Administrator
shall follow the methodology
recommended by the Scientific Advisory
Board.
``(C) Prohibition of production.--
``(i) In general.--As soon as practicable
after the date of enactment of this paragraph,
the Administrator shall promulgate regulations
that--
``(I) provide for the gradual
cessation of production of CCA lumber
by not later than the date that is 1
year after the date of enactment of
this paragraph; and
``(II) prohibit the production of
CCA lumber on and after that date.
``(ii) Exemptions.--Clause (i) shall not
apply to the production of CCA lumber used
for--
``(I) railroad ties; or
``(II) piers.''.
SEC. 3. ASSISTANCE TO CONSUMERS, MUNICIPALITIES, AND SCHOOL SYSTEMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) CCA lumber.--The term ``CCA lumber'' means lumber that
is treated with any pesticide that is an inorganic arsenical or
chromated copper arsenical.
(3) Pesticide.--The term ``pesticide'' has the meaning
given the term in section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136).
(b) Educational Program.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop and conduct an
educational program to assist consumers, municipalities, school
systems, and other institutions in--
(1) testing arsenic levels in CCA lumber and soil
surrounding CCA lumber; and
(2) making decisions relating to the containment and
removal of CCA lumber from homes, playgrounds, schools, and
other facilities designed primarily for use by children.
(c) Assistance for Schools.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a pilot
program to provide grants and technical assistance to school systems to
assist the school systems in removing playground and other equipment
containing CCA lumber from grounds of the school systems and conducting
any necessary remediation.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 4. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.
(a) In General.--The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
(1) by redesignating sections 33 and 34 as sections 34 and
35, respectively; and
(2) by inserting after section 32 the following:
``SEC. 33. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.
``(a) Definitions.--In this section:
``(1) CCA lumber.--The term `CCA lumber' means lumber that
is treated with any pesticide that is a chromated copper
arsenical.
``(2) Manufacture.--The `manufacture', with respect to CCA
lumber and items described in subsection (b)(2)(A), includes--
``(A) the creation of a product designed to be
assembled by a consumer; and
``(B) the building of a product on behalf of a
consumer in accordance with specifications given by the
consumer.
``(b) Prohibition.--Notwithstanding any other provision of law, not
later than 90 days after the date of enactment of this subsection, the
Administrator shall promulgate regulations that prohibit the use of CCA
lumber--
``(1) in the manufacture, production, or use of any product
that may be used for or by children, including--
``(A) playground equipment;
``(B) fences;
``(C) walkways;
``(D) decks; and
``(E) any other similar product, as determined by
the Administrator; and
``(2) for any residential purpose, as determined by the
Administrator.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by striking the items relating to sections 30 and 31
and inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Prohibition of certain uses of arsenic-treated lumber.
``(a) Definitions.
``(1) CCA lumber.
``(2) Manufacture.
``(b) Prohibition.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''. | Arsenic-Treated Residential-Use Lumber Prohibition Act - Amends the Solid Waste Disposal Act to: (1) list lumber treated with a pesticide that is a chromated copper arsenical (CCA lumber) as a hazardous waste; (2) require disposal of discarded CCA lumber, notwithstanding regulations exempting certain solid wastes from the definition of hazardous waste, in a lined landfill with a leachate system and groundwater monitoring system; (3) require the Administrator of the Environmental Protection Agency to conduct an assessment of the risks of CCA lumber production and use; and (4) direct the Administrator to promulgate regulations for the gradual cessation and prohibition of production of such lumber.Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, municipalities, and school systems in testing arsenic levels and making decisions concerning CCA lumber containment and removal; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing CCA lumber and remediation activities.Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator to promulgate regulations prohibiting the use of CCA lumber in the manufacture, production, or use of any product that may be used for or by children and for any residential purpose. | {"src": "billsum_train", "title": "A bill to prohibit the use of arsenic-treated lumber to manufacture playground equipment, children's products, fences, walkways, and decks, and for all other residential purposes, and for other purposes."} | 1,611 | 299 | 0.67974 | 1.865455 | 0.782206 | 3.568465 | 5.481328 | 0.937759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Classroom Innovation
Act''.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment is expressed in terms of an amendment to 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. ENCOURAGING STATE AND LOCAL BLENDED LEARNING PROJECTS.
(a) State Applications.--Section 2112(b) (20 U.S.C. 6612(b)) is
amended by inserting at the end the following:
``(13) In the case of a State that will carry out a program
to award grants under section 2113(c)(3), a description of the
program, which shall include--
``(A) the criteria the State will use to award
grants under such section to eligible entities to carry
out blended learning projects;
``(B) the State policies and procedures to be
waived by the State, consistent with Federal law, for
such eligible entities to carry out such projects,
which may include waivers with respect to--
``(i) restrictions on class sizes;
``(ii) restrictions on licensing or
credentialing of personnel supervising student
work in such projects;
``(iii) restrictions on the use of State
funding for instructional materials for the
purchase of digital instructional resources;
``(iv) restrictions on advancing students
based on demonstrated mastery of learning
outcomes, rather than seat-time requirements;
and
``(v) restrictions on secondary school
students in the State enrolling in online
coursework;
``(C) how the State will inform eligible entities
of the availability of the waivers described in
subparagraph (B); and
``(D) how the State will provide the non-Federal
match required under subparagraph (D) of section
2113(c)(3).''.
(b) State Use of Funds.--Section 2113 (20 U.S.C. 6613) is amended--
(1) in subsection (a)(2), by striking ``2.5'' and inserting
``1.5''; and
(2) in subsection (c)--
(A) by striking the matter preceding paragraph (1)
and inserting the following:
``(1) In general.--The State educational agency for a State
that receives a grant under section 2111 shall use the funds
described in subsection (a)(3) to carry out one or more of the
activities described in paragraph (2) or (3).
``(2) Activities.--The State educational agency may use the
funds described in subsection (a)(3) to carry out one or more
of the following, which may be carried out through a grant or
contract with a for-profit or nonprofit entity:'';
(B) by redesignating paragraphs (1) through (18) as
subparagraphs (A) through (R), respectively;
(C) in subparagraph (A), as so redesignated--
(i) by redesignating subparagraph (A)(i)
and clause (ii) as clause (i)(I) and subclause
(II), respectively; and
(ii) by redesignating subparagraphs (B) and
(C) as clauses (ii) and (iii), respectively;
(D) in subparagraph (B), as so redesignated, by
redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(E) in subparagraph (D), as so redesignated, by
redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively;
(F) in subparagraph (R), as so redesignated, by
redesignating subparagraphs (A) and (B) as clauses (i)
and (ii), respectively; and
(G) by adding at the end the following:
``(3) Blended learning projects.--
``(A) In general.--The State educational agency may
use the funds described in subsection (a)(3) to carry
out a program to award grants on a competitive basis to
eligible entities in the State to carry out blended
learning projects described in this paragraph.
``(B) Application.--An eligible entity desiring to
receive a grant under this paragraph shall submit an
application to the State educational agency at such
time and in such manner as the agency may require, and
which describes--
``(i) the blended learning project to be
carried out by the eligible entity, including
the design of the instructional model to be
carried out by the eligible entity and how such
eligible entity will use funds provided under
this paragraph to carry out the project;
``(ii) in the case of an eligible entity
described in subclause (I) or (III) of
subparagraph (E)(ii), the schools that will
participate in the project;
``(iii) how the eligible entity will ensure
sufficient information technology is available
to carry out the project;
``(iv) how the eligible entity will ensure
sufficient digital instructional resources are
available to students participating in the
project;
``(v) the ongoing professional development
to be provided for teachers, school leaders,
and other personnel carrying out the project;
``(vi) the State policies and procedures
for which the eligible entity requests waivers
from the State to carry out the project, which
may include requests for the waivers described
in section 2112(b)(13)(B);
``(vii) as appropriate, how the eligible
entity will use the blended learning project to
improve instruction and access to the
curriculum for diverse groups of students,
including students with disabilities and
students who are limited English proficient;
``(viii) how the eligible entity will
evaluate the project and publicly report the
results of such evaluation; and
``(ix) how the eligible entity will sustain
the project beyond the grant period.
``(C) Uses of funds.--An eligible entity receiving
a grant under this paragraph shall use such grant to
carry out a blended learning project, which shall
include at least one of the following activities:
``(i) Planning activities, which may
include development of new instructional models
(including blended learning technology software
and platforms), the purchase of digital
instructional resources, initial professional
development activities, and one-time
information technology purchases, except that
such expenditures may not include expenditures
related to significant construction or
renovation of facilities.
``(ii) Ongoing professional development for
teachers, school leaders, or other personnel
involved in the project.
``(D) Non-federal match.--A State educational
agency that carries out a grant program under this
paragraph shall provide non-Federal matching funds
equal to not less than 10 percent of the grant funds
awarded by the State educational agency to eligible
entities under this paragraph.
``(E) Definitions.--For purposes of this paragraph:
``(i) Blended learning project.--The term
`blended learning project' means a formal
education program--
``(I) that includes an element of
online learning, and instructional time
in a supervised location away from
home;
``(II) that includes an element of
student control over time, place, path,
or pace; and
``(III) the modalities along each
student's learning path within a course
or subject are connected to provide an
integrated learning experience.
``(ii) Charter school.--The term `charter
school' has the meaning given the term in
section 5210.
``(iii) Eligible entity.--The term
`eligible entity' means a--
``(I) local educational agency;
``(II) charter school; or
``(III) consortium of the entities
described in subclause (I) or (II),
which may be in partnership with a for-
profit or nonprofit entity.''. | 21st Century Classroom Innovation Act - Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the Elementary and Secondary Education Act of 1965 to allow states to use that portion of their part A grant funds reserved for state activities to award competitive grants to local educational agencies (LEAs), charter schools, or consortia of such entities to carry out blended learning projects. Defines a "blended learning project" as a formal education program that: (1) includes an element of online learning and instructional time in a supervised location away from home; (2) includes an element of student control over time, place, path, or pace; and (3) connects the modalities along each student's learning path within a course or subject to provide an integrated learning experience. Requires the competitive grant funds to be used for: (1) planning activities, the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases; or (2) ongoing professional development for teachers, school leaders, or other personnel involved in the project. Requires each state making such a grant to contribute non-federal funds equal to at least 10% of the grant. Reduces, from 2.5% to 1.5%, that portion of part A grant funds that states must reserve for subgrants to local partnerships between institutions of higher education and high-need LEAs. (This increases the amount reserved for state activities.) | {"src": "billsum_train", "title": "21st Century Classroom Innovation Act"} | 1,771 | 316 | 0.508593 | 1.579941 | 0.824127 | 2.90681 | 5.946237 | 0.835125 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Lunch Shaming Act of 2017''.
SEC. 2. PROHIBITION ON STIGMATIZATION OF CHILDREN WHO ARE UNABLE TO PAY
FOR MEALS.
Section 9(b)(10) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1758(b)(10)) is amended--
(1) by striking ``(10) No physical'' and inserting the
following:
``(10) Discriminatory or stigmatizing treatment of children
by schools.--
``(A) Discrimination based on eligibility.--No
physical''; and
(2) by adding at the end the following:
``(B) Stigmatization based on lack of funds or
debt.--
``(i) Definition of covered child.--In this
subparagraph, the term `covered child' means a
child who--
``(I) is a student at a school that
participates in--
``(aa) the school lunch
program established under this
Act; or
``(bb) the school breakfast
program established by section
4 of the Child Nutrition Act of
1966 (42 U.S.C. 1773); and
``(II)(aa) does not have funds to
pay for a lunch or breakfast at the
school; or
``(bb) has outstanding credit that
was extended by a school food authority
for a lunch or breakfast at the school.
``(ii) Requirements of school food
authorities.--
``(I) In general.--A school food
authority shall not permit--
``(aa) the public
identification or
stigmatization of a covered
child, such as by requiring the
covered child to wear a
wristband or display a hand
stamp to identify the covered
child as a covered child; or
``(bb) any requirement that
a covered child, because of the
status of the covered child as
a covered child--
``(AA) perform
chores or any other
activity that is not
required of students
generally; or
``(BB) dispose of a
lunch or breakfast
after it has been
served to the covered
child.
``(II) Communications.--
``(aa) In general.--Subject
to item (bb), a school food
authority shall require that
any communication relating to
an outstanding credit described
in clause (i)(II)(bb) of a
covered child shall be
directed--
``(AA) to a parent
or guardian of the
covered child; and
``(BB) not to the
covered child.
``(bb) Letters.--A school
food authority may permit a
requirement that a covered
child deliver a letter
addressed to a parent or
guardian of the covered child
that contains a communication
described in item (aa), subject
to the condition that the
letter shall not be distributed
to the covered child in a
manner that stigmatizes the
covered child.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the Secretary of Agriculture
should ensure that--
(1)(A) to the maximum extent practicable, an application
for a free or reduced price lunch under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) is
distributed--
(i) in an understandable and uniform format; and
(ii) by not later than July 1 each year; and
(B) a school food authority offers technical assistance to
a parent or legal guardian to complete an application described
in subparagraph (A);
(2) each school food authority coordinates with--
(A) the local educational agency liaison designated
under section 722(g)(1)(J)(ii) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii))
to ensure that homeless children and youths eligible to
receive free lunches and breakfasts under section
9(b)(12)(A)(iv) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(12)(A)(iv)) receive
those free lunches and breakfasts; and
(B) the State agency responsible for administering
the State plans under parts B and E of title IV of the
Social Security Act (42 U.S.C. 621 et seq.; 42 U.S.C.
470 et seq.) to ensure that foster children eligible to
receive free lunches and breakfasts under section
9(b)(12)(A)(vii) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(b)(12)(A)(vii))
receive those free lunches and breakfasts; and
(3) a school food authority that participates in the school
lunch program or the school breakfast program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.)
or section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773), respectively--
(A) shall provide to a child who requests a lunch
or breakfast a lunch or breakfast, regardless of
whether the child--
(i) has money to pay for the lunch or
breakfast; or
(ii) owes money for a lunch or breakfast;
(B) shall not provide to a child who qualifies for
a free or reduced price lunch or breakfast an alternate
meal that is not provided to students generally; and
(C) should explore innovative ways to use
technology to improve and coordinate communications
with parents and guardians with respect to functions
such as--
(i) prepayment for meals;
(ii) checking balances for school meals;
(iii) adding funds to accounts for school
meals;
(iv) addressing outstanding debt for school
meals; and
(v) sending automatic emails when an
account balance is low. | Anti-Lunch Shaming Act of 2017 This bill amends the Richard B. Russell National School Lunch Act to establish requirements for the treatment of a child who is a student at a school participating in the National School Lunch Program or the School Breakfast Program and is unable to pay for a meal at the school. The bill applies to a child who either does not have funds to pay for a meal or has outstanding credit that was extended by a school food authority (SFA). A SFA may not permit public identification or stigmatization of the child, such as by requiring a wristband or hand stamp. The child also may not be required to: (1) perform chores or activities that are not required of students generally, or (2) dispose of food after it has been served to the child. Any communication related to outstanding credit must be directed to the child's parent or guardian. A child may be required to deliver a letter regarding outstanding credit that is addressed to a parent or guardian if the letter is not distributed to the child in a manner that stigmatizes the child. The bill also expresses the sense of Congress regarding several issues regarding the administration of the school meal programs. | {"src": "billsum_train", "title": "Anti-Lunch Shaming Act of 2017"} | 1,359 | 259 | 0.653892 | 2.015377 | 0.802377 | 2.735931 | 4.930736 | 0.874459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access Aid Act of 1999''.
SEC. 2. ESTABLISHMENT OF PROGRAM.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following new
part:
PART L--ACCESS AID ACT
``SEC. 10995A. INNOVATIVE PARTNERSHIPS AUTHORIZED.
``(a) Purposes of Access Aid Act.--The Secretary is authorized, in
accordance with the requirements of this part, to establish a
demonstration program with the following purposes:
``(1) Encourage nonprofit organizations working with local
school districts to establish a program that identifies and
mentors college eligible students and their families on college
selection, college admissions, and college funding. Such
program shall serve students no later than the end of grade 10
and shall continue to support them until the end of their 4- or
5-year college career. Nonprofit organizations shall provide
comprehensive mentoring, supportive services, and outreach to
students and others and schools participating under this part
to promote enrollment of first generation, low-income students
and others in colleges and universities across the Nation.
``(2) Shift the cost of programs established under this
part from the Federal Government to the private sector after 24
months to ensure that programs created under this part continue
without Federal funds.
``(3) A nonprofit organization selected to receive
assistance under this part shall involve parents or legal
guardians of students in every aspect of college selection and
college admissions in the financial aid process.
``(b) Counseling Component; Individual Services.--The primary focus
of the counseling services under this part shall be college selection,
college admissions, and college funding. Such counseling shall involve
the students' parents or legal guardians and shall be conducted on an
individual and confidential basis. The program shall enable students to
evaluate and select a college based on the student's interest level and
qualifications not cost. Such support programs ensures a higher rate of
college graduation.
``(c) Emergency Grant Component.--Programs under this part may
provide participating students small grants to underwrite the costs of
college visits or to purchase books and equipment required by (but not
included in) the student budget of the college. In addition, emergency
grants may be used when a student's demonstrated need is not fully
funded by the postsecondary institution. In every case, emergency
grants will be made pursuant to the purposes outlined in this part.
``(d) Workshops Component.--In addition to individual counseling of
students and scholars, the organization shall provide outreach support
to each participating school's guidance or career counseling staff and
provide workshops relating to college admissions, college funding, and
financial aid form completion to the general population of each
participating school or other interested schools. At each project site,
the organization shall provide no less than 10 workshops in
participating and surrounding school districts.
``SEC. 10995B. IMPLEMENTATION OF PROGRAM.
``(a) Identification of Participants.--The students selected for
assistance under this part shall be nominated for the program by the
staffs of the participating high schools. The primary standard for
selection relates to college eligible, first generation, low-income
students, with no student served by TRIO or GEAR UP eligible for the
program under this part.
``(b) Scope of Access Aid.--Students shall be selected for
assistance under this part in each State.
``(c) Qualifying Organizations.--In order to qualify for a grant
under this part, the applicant shall--
``(1) be a tax-exempt not-for-profit organization;
``(2) not be affiliated with a public or private
educational institution;
``(3) not sell a financial product of any kind;
``(4) demonstrate experience in the college admissions and
college funding arenas;
``(5) demonstrate familiarity with Federal outreach
programs;
``(6) demonstrate prior experience with the public
secondary school sector;
``(7) provide evidence that there is a demand by schools
and school districts for its program;
``(8) provide a plan for orderly shift of the funding
component from the public to the private sector;
``(9) provide for a plan for public awareness of the
program, the participants, and the outcomes;
``(10) provide a plan for counseling services for
participants from entry into the program until completion of
college; and
``(11) include a quantifiable evaluation plan.
``(d) Plan Required for Eligibility.--
``(1) In order to qualify for a grant under this part, the
applicant shall submit to the Secretary a plan for carrying out
the program under this part. Such plan shall describe the
program, including the selection process for participating
students and the districts, the services rendered, and the
strategy to be used to shift the funding responsibility from
the Federal Government to the private sector.
``(2) The plan submitted pursuant to paragraph (1) shall be
in such form, contain or be accompanied by such information,
and be submitted at such time as the Secretary may require by
regulation and shall--
``(A) describe the activities for which assistance
under this section is sought; and
``(B) provide such additional assurances to ensure
compliance with the requirements of this part.
``SEC. 10995C. EARLY INTERVENTION.
``In order to receive payments under this part, an organization
shall demonstrate to the satisfaction of the Secretary that the
organization will provide comprehensive mentoring, outreach, and
supportive services to students, parents, and schools participating
under this part to promote enrollment of first generation, low-income
students in colleges and universities across the Nation. Such
individual services shall begin not later than the end of the 10th
grade and shall continue until completion of college. Such counseling
must involve the students' parents or legal guardians and shall be
conducted on an individual and confidential basis. The primary focus of
the counseling services shall be college selection, college admissions,
and college funding. In order to assure completion of college, the
program shall have participating students select and attend colleges
across the Nation based upon their appropriateness for the student
rather than the cost.
``SEC. 10995D. USES OF FUNDS.
``(a) In General.--The Secretary shall, by regulation, establish
criteria for determining whether comprehensive mentoring, counseling,
outreach, and supportive services programs may be used to meet the
requirements of this part.
``(b) Allowable Providers.--To meet the requirements of this part,
the organization may contract on a limited basis certain services from
other providers.
``SEC. 10995E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$2,000,000 for each of fiscal years 2001 through 2005.''. | Authorizes the Secretary of Education to establish an Access Aid demonstration program to assist nonprofit organizations (organizations) working with local school districts to establish programs (programs) that identify and mentor college-eligible students and their families.
Requires program counseling services to: (1) focus on college selection, admissions, and funding; (2) involve the students' parents or legal guardians and be conducted on an individual and confidential basis; and (3) enable students to evaluate and select a college based on the student's interest level and qualifications, not on cost.
Allows programs to provide participating students small grants to underwrite the costs of college visits or to purchase books and equipment required by, but not included in, the student budget of the college. Allows emergency grants to be used when a student's demonstrated need is not fully funded by the postsecondary institution.
Requires organizations to provide outreach support to each participating school's guidance or career counseling staff and provide workshops relating to college admissions, college funding, and financial aid form completion to the general population of each participating school or other interested schools. Requires an organization to provide, at each project site, at least workshops in participating and surrounding school districts.
Requires the students selected for program assistance to be nominated by the staffs of the participating high schools. Bases selection primarily on their being college-eligible, first- generation, low-income students. Makes ineligible for program assistance students served by TRIO or GEAR UP programs. Requires students in each State to be selected for program assistance. Requires individual services to begin not later than the end of the tenth grade and continue until completion of college.
Requires an applicant organization, in order to qualify for a part L grant, to: (1) be a tax-exempt not-for-profit organization, not affiliated with a public or private educational institution, and not a seller of any kind of financial product; (2) demonstrate experience in the college admissions and college funding arenas, familiarity with Federal outreach programs, prior experience with the public secondary school sector, and a demand by schools and school districts for its program; and (3) provide plans for orderly shift of the funding component from the public to the private sector, for public awareness of the program, the participants, and the outcomes, for counseling services for participants from entry into the program until completion of college, for quantifiable evaluation, and for program implementation.
Authorizes appropriations. | {"src": "billsum_train", "title": "Access Aid Act of 1999"} | 1,493 | 537 | 0.675428 | 2.168799 | 0.832503 | 5.096436 | 2.997904 | 0.949686 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens' Self-Defense Act of
2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Police cannot protect, and are not legally liable for
failing to protect, individual citizens, as evidenced by the
following:
(A) The courts have consistently ruled that the
police do not have an obligation to protect
individuals, only the public in general. For example,
in Warren v. District of Columbia Metropolitan Police
Department, 444 A.2d 1 (D.C. App. 1981), the court
stated: ``[C]ourts have without exception concluded
that when a municipality or other governmental entity
undertakes to furnish police services, it assumes a
duty only to the public at large and not to individual
members of the community.''.
(B) Former Florida Attorney General Jim Smith told
Florida legislators that police responded to only
200,000 of 700,000 calls for help to Dade County
authorities.
(C) The United States Department of Justice found
that, in 1989, there were 168,881 crimes of violence
for which police had not responded within 1 hour.
(2) Citizens frequently must use firearms to defend
themselves, as evidenced by the following:
(A) Every year, more than 2,400,000 people in the
United States use a gun to defend themselves against
criminals--or more than 6,500 people a day. This means
that, each year, firearms are used 60 times more often
to protect the lives of honest citizens than to take
lives.
(B) Of the 2,400,000 self-defense cases, more than
192,000 are by women defending themselves against
sexual abuse.
(C) Of the 2,400,000 times citizens use their guns
to defend themselves every year, 92 percent merely
brandish their gun or fire a warning shot to scare off
their attackers. Less than 8 percent of the time, does
a citizen kill or wound his or her attacker.
(3) Law-abiding citizens, seeking only to provide for their
families' defense, are routinely prosecuted for brandishing or
using a firearm in self-defense. For example:
(A) In 2001, a grand jury had to rule on the case
of 2 brothers that used firearms to protect their lives
and their livelihood for their involvement in a fatal
shooting in Reisterstown, Maryland. The grand jury
decided not to press criminal charges. The brothers, at
the time, had encountered several burglaries at their
concrete business. The brothers spent the night in
their warehouse armed with shotguns. One night at 1:00
in the morning the burglars returned and the brothers
shot and killed 1 burglar and injured 2 of the others.
The 2 injured men were charged with burglary and 2
others were charged with burglary in connection with
burglaries that had occurred in a previous month at the
brother's warehouse. Burglary is known to be a violent
crime and the brothers were particularly worried when
they realized a gun of theirs had been stolen in a
previous break-in.
(B) In 2008, a Waukegan, Illinois, store clerk shot
and injured a robber. According to news reports, there
was potential the clerk could face criminal charges,
even though he acted in self-defense. The store clerk
did not have a firearm owner's identification card and
would be charged with a State firearms violation.
Additionally, Illinois law does not allow employees to
carry a gun in a place of business. Rather, the law
only allows individuals to carry a gun in a place of
business if that individual is the owner or has
proprietary interest.
(C) In September 2009, a Lithonia homeowner from
Dekalb County, Georgia, was charged with aggravated
assault after he shot someone who was trying to knock
down the door of his home as an attempt to break into
the residence. According to the neighbors, there had
been trouble in the neighborhood before. A police
spokesperson said the homeowner was charged because the
robber was technically not inside the home. The
suspected robber was charged with attempted burglary.
(D) In January 2004, Wilmette, Illinois, police
charged and convicted a homeowner with misdemeanors for
owning 2 handguns and violating the village handgun ban
ordinance. The homeowner was also faced with a
potential $750 fine for failing to renew his Illinois
firearm owner's identification card. These charges were
brought after he shot a home intruder. The resident
stated, ``My Plan A is to call 911 and keep the family
upstairs . . . But my Plan B is to have a loaded
firearm and put a bullet in the intruder.'' The
intruder entered the house 2 times, once through a dog
door and the second time with a stolen house key. The
homeowner had just put his children to bed when his
security system was set off. The homeowner went
downstairs and confronted and shot the intruder. The
intruder jumped through a window and stole the family's
car to go to the hospital. The intruder was charged
with 2 counts of residential burglary and 1 count of
possession of a stolen vehicle.
(4) The courts have granted immunity from prosecution to
police officers who use firearms in the line of duty.
Similarly, law-abiding citizens who use firearms to protect
themselves, their families, and their homes against violent
felons should not be subject to lawsuits by the violent felons
who sought to victimize them.
SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN
DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT.
(a) Reaffirmation of Right.--A person not prohibited from receiving
a firearm by section 922(g) of title 18, United States Code, shall have
the right to obtain firearms for security, and to use firearms--
(1) in defense of self or family against a reasonably
perceived threat of imminent and unlawful infliction of serious
bodily injury;
(2) in defense of self or family in the course of the
commission by another person of a violent felony against the
person or a member of the person's family; and
(3) in defense of the person's home in the course of the
commission of a felony by another person.
(b) Firearm Defined.--As used in subsection (a), the term
``firearm'' means--
(1) a shotgun (as defined in section 921(a)(5) of title 18,
United States Code);
(2) a rifle (as defined in section 921(a)(7) of title 18,
United States Code); or
(3) a handgun (as defined in section 10 of Public Law 99-
408).
(c) Enforcement of Right.--
(1) In general.--A person whose right under subsection (a)
is violated in any manner may bring an action in any United
States district court against the United States, any State, or
any person for damages, injunctive relief, and such other
relief as the court deems appropriate.
(2) Authority to award a reasonable attorney's fee.--In an
action brought under paragraph (1), the court, in its
discretion, may allow the prevailing plaintiff a reasonable
attorney's fee as part of the costs.
(3) Statute of limitations.--An action may not be brought
under paragraph (1) after the 5-year period that begins with
the date the violation described in paragraph (1) is
discovered. | Citizens' Self-Defense Act of 2011 - Declares that a person not prohibited under the Brady Handgun Violence Prevention Act from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury, (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family, and (3) the person's home in the course of the commission of a felony by another person.
Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any state, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. | {"src": "billsum_train", "title": "To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right."} | 1,645 | 189 | 0.378384 | 1.221351 | 0.749916 | 6.290123 | 9.450617 | 0.95679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corps of Engineers Project Delivery
Flexibility Act of 2012''.
SEC. 2. PILOT PROGRAM.
(a) In General.--The Secretary of the Army, acting through the
Chief of Engineers, shall establish a pilot program to evaluate the
cost-effectiveness and project delivery efficiency of non-Federal
sponsors as the lead project delivery team for authorized civil works
flood control and navigation construction projects of the Corps of
Engineers.
(b) Purposes.--The purposes of the pilot program are--
(1) to identify project delivery and cost-saving
alternatives that reduce the backlog of Corps of Engineers
construction projects;
(2) to evaluate the technical, financial, and
organizational efficiencies of a non-Federal sponsor operating
as the lead project manager for the design, execution,
management, and construction of a project; and
(3) to evaluate alternatives for the decentralization of
the project planning, management, and operational
decisionmaking process of the Corps of Engineers.
(c) Administration.--
(1) In general.--Subject to paragraph (2), in carrying out
the pilot program, the Secretary of the Army shall--
(A) identify not less than 12 congressionally
authorized flood control and navigation construction
projects of the Corps of Engineers that--
(i) have received Federal funds and have
experienced delays or missed scheduled
deadlines in the 5 fiscal years prior to the
date of enactment of this Act;
(ii) have an unobligated funding balance in
the Corps of Engineers Construction Account;
and
(iii) include levees, floodwalls, flood
control channels, water control structures, or
navigation locks and channels;
(B) enter into a project partnership agreement with
the non-Federal sponsor for the non-Federal sponsor to
provide full project management control for the design
and construction of the flood control or navigation
project, including preconstruction engineering and
design, project implementation, and construction
activities; and
(C) in consultation with the district engineer and
the non-Federal sponsor, develop a detailed project
management plan for each project under the pilot
program that outlines the scope, budget, design, and
construction resource requirements necessary for
execution of the project by the non-Federal sponsor.
(2) Restrictions.--
(A) In general.--A flood control or navigation
project shall only receive Federal funding under this
Act if the project is federally owned.
(B) Project delivery team.--As a condition of
receiving amounts under this Act, the non-Federal
sponsor, in consultation with the district engineer and
local project stakeholders, shall establish to oversee
the execution of the project management plan a project
delivery team, which shall, at a minimum, consist of--
(i) a project manager; and
(ii) a Corps of Engineers official, who
shall provide technical assistance and guidance
on compliance with Corps of Engineers
engineering manuals and regulations.
(3) Technical assistance.--On the request of the non-
Federal sponsor and in consultation with other appropriate
Federal agencies, the Secretary of the Army shall provide the
non-Federal sponsor with any necessary technical assistance,
including assistance relating to Federal acquisition
regulations, contracting requirements, and environmental
regulations.
(d) Applicability.--Nothing in this Act alters any cost-sharing
requirement established before the date of enactment of this Act for a
project carried out under this Act.
(e) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary of the Army shall submit to the appropriate
committees of Congress a report detailing the results of the pilot
program carried out under this Act, including any recommendations of
the Secretary concerning whether the program or any component of the
program should be implemented on a national basis.
SEC. 3. FUNDING.
(a) Rescission of Unobligated Amounts.--Notwithstanding any other
provision of law, $200,000,000 of discretionary amounts that have been
appropriated for fiscal years 2008 through 2011 and remain unobligated
on the date of enactment of this Act--
(1) is rescinded on the date of enactment of this Act; and
(2) shall be made available to the Secretary of the Army,
without further appropriation or fiscal year limitation, for
use only in accordance with this Act.
(b) Implementation.--
(1) In general.--The Director of the Office of Management
and Budget shall determine and identify from which
appropriation accounts the rescission under subsection (a)
shall apply and the amount of the rescission that shall apply
to each such account.
(2) Report.--Not later than 60 days after the date of
enactment of this Act, the Director of the Office of Management
and Budget shall submit to Congress and the Secretary of the
Treasury a report of the accounts and amounts determined and
identified for rescission under paragraph (1).
(c) Exception.--This section shall not apply to the unobligated
funds of the Department of Defense, including the Corps of Engineers,
or the Department of Veterans Affairs.
(d) Use of Amounts.--The Secretary of the Army shall use the
amounts made available to the Secretary under subsection (a)(2) to
provide grants to non-Federal sponsors participating in the pilot
program established under section 2. | Corps of Engineers Project Delivery Flexibility Act of 2012 - Directs the Chief of Engineers to establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of non-federal sponsors as the lead project delivery team for authorized Corps of Engineers civil works flood control and navigation construction projects.
Directs the Chief, in carrying out such program, to: (1) identify at least 12 congressionally authorized Corps flood control and navigation construction projects that have received federal funds and experienced delays or missed scheduled deadlines in the five fiscal years prior to this Act's enactment and that have an unobligated funding balance in the Corps Construction Account; (2) enter into a project partnership agreement with a non-federal sponsor to provide full project management control for the design and construction of such a project; and (3) develop a detailed project management plan for each project under the pilot program that outlines the scope, budget, design, and construction resource requirements necessary for project execution by the non-federal sponsor.
Conditions the receipt of federal funding under this Act on: (1) a project being federally owned, and (2) the non-federal sponsor establishing to oversee the execution of the project management plan a project delivery team consisting of a project manager and a Corps official who shall provide technical assistance and guidance on compliance with Corps engineering manuals and regulations.
Rescinds a specified amount of discretionary appropriations for FY2008-FY2011 that remain unobligated and makes such amount available for use under this Act. | {"src": "billsum_train", "title": "A bill to establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of non-Federal sponsors as the lead project delivery team for authorized civil works flood control and navigation construction projects of the Corps of Engineers."} | 1,172 | 320 | 0.762542 | 2.348854 | 0.89058 | 4.554007 | 3.71777 | 0.937282 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Newsprint Recycling Incentives
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Of the total United States waste-stream of 145 million
metric tons per year, paper and related products compose 64
million metric tons, or 40 percent of the total.
(2) Ninety percent of old newspaper waste in the United
States is not recycled and ends up in the waste-stream.
(3) State and local newspaper recycling programs have
helped create a growing surplus of old newspaper waste and have
helped to bring about a collapse of the market for recycled
newsprint.
(4) The current glut of old newspaper waste has caused the
market for old newspaper waste to decline from a price of $30
per ton to a cost or loss of $10 per ton.
(5) The price of new newsprint does not reflect the
increasing cost to communities of disposal and landfilling of
old newspaper waste. Such cost currently is between $20 and $60
per ton, on average.
(6) The cost of recycling old newspaper waste is
substantially less than the cost of disposal.
(7) The demand for old newspaper waste needs to be
increased to provide both an outlet for the rapidly increasing
glut of old newspaper waste and stable markets for recyclers to
invest in de-inking facilities.
(8) A minimum recycling requirement can be used to create a
market which accurately reflects the societal costs of old
newspaper waste.
(9) The creation of an efficient market for recycled
newsprint requires that the cost of disposal be included in the
cost of unrecycled products.
(10) The Administrator of the Environmental Protection
Agency requires additional statutory authority to increase
recycling of old newspaper waste and to stimulate demand.
SEC. 3. REQUIREMENTS TO RECYCLE NEWSPRINT.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end thereof the
following:
``SEC. 4011. NEWSPRINT RECYCLING REQUIREMENTS.
``(a) General Requirement.--(1) Beginning not later than 18 months
after the date of the enactment of the Newsprint Recycling Incentives
Act, a producer or importer of newsprint each year shall recycle, using
a method described in paragraph (2), an amount of newsprint equal to at
least that amount of newsprint determined by--
``(A) multiplying the newsprint produced or imported that
year by such person, by
``(B) the recycling percentage established by the
Administrator under subsection (b).
``(2) A producer or importer of newsprint may comply with this
subsection--
``(A) by recycling, through de-inking, newsprint for
purposes of producing recycled newsprint;
``(B) by purchasing recycled newsprint for purposes of
combining with shipments of virgin newsprint; or
``(C) by purchasing recycling credits under the recycling
credit system established pursuant to subsection (c).
``(b) Recycling Percentage.--The Administrator each year shall
establish a recycling percentage for use under subsection (a). The
percentage applicable during the first year that the requirement
established by subsection (a) is in effect shall be not less than 20
percent. For each of the ten years thereafter, the recycling percentage
shall be an additional 2 percentage points higher than the percentage
of the previous year.
``(c) Credit System for Recycling Newsprint.--(1) Not later than 18
months after the date of the enactment of the Newsprint Recycling
Incentives Act, the Administrator shall promulgate regulations to
establish a system under which (A) producers or importers of recycled
newsprint may create credits for used newsprint recycling, and (B)
producers or importers of newsprint (virgin or recycled) may purchase
such recycling credits from such recyclers, for purposes of complying
with subsection (a). The regulations shall include a mechanism or
mechanisms (including an auction) for any allocation of credits that
may be necessary. No person may create such credits, and no producer or
importer of newsprint may purchase such credits, except in accordance
with this subsection and the regulations promulgated under this
subsection.
``(2) At a minimum, the regulations under subsection (c) shall
include the following requirements:
``(A) The producer or importer of recycled newsprint shall
maintain records of the receipt of old newsprint and other
paper products for de-inking and subsequent recycling. Such
records shall be maintained for at least 2 years.
``(B) The producer of recycled newsprint shall notify the
Environmental Protection Agency of the producer's capacity to
recycle old newsprint. Such notification shall state the
overall newsprint capacity and that portion dedicated to de-
inking and recycling.
``(C) The importer of recycled newsprint shall notify the
United States Customs Service of the amount of newsprint being
imported by the importer. Such notice shall be accompanied by a
certification verifying the accuracy of the notice. The
certification shall be made by the official responsible for
negotiating trade agreements of the country from which the
importer is shipping newsprint to the United States.
``(D) Producers or importers of newsprint shall maintain
records of sales of virgin and recycled newsprint, including
quantities and prices of recycled newsprint and sales or other
disposition of such recycling credits as may be used to
demonstrate compliance with the requirements of this section.
Such records shall be maintained for at least 2 years.
``(E) Producers and importers of newsprint shall report to
the Administrator of the Environmental Protection Agency
annually and on an interim quarterly basis--
``(i) the amount of recycled content newsprint
produced or imported each year;
``(ii) the number of credits purchased or otherwise
acquired from other producers or importers; and
``(iii) the number of credits sold or otherwise
distributed to other producers or importers.
``(3) The Administrator may include such other requirements in the
regulations under paragraph (1) with respect to qualifications for
recyclers, importers, and producers; methods for auditing compliance
with the system; and enforcement of the system; as the Administrator
considers necessary or appropriate for administering the recycling
credit system established under this subsection.
``(4) For purposes of this section, the term `recycling credit'
means a legal record of a recycling activity undertaken in accordance
with this subsection that represents an amount of newsprint recycled
through de-inking for purposes of complying with this section.
``(d) Reports.--(1) Not later than 6 years after the date of the
enactment of the Newsprint Recycling Incentives Act, the Administrator
shall submit to Congress an interim report on the implementation of
this section. The report shall include, at a minimum--
``(A) a discussion of the effects of the requirements of
this section on the newsprint and newspaper industry and on the
environment; and
``(B) an evaluation of the level of the recycling
percentage under subsection (b) and recommendations on whether,
and at what rate, the percentage should be increased in future
years above the percentage applicable under subsection (b).
``(2) Not later than 10 years after such date, the Administrator
shall submit to Congress a final report on the implementation of this
section. The report shall include an updated version of the discussion
and evaluation required in the interim report, as well as such other
findings and recommendations with respect to the implementation of this
section as the Administrator considers appropriate.
``(e) Applicability.--This section applies to any person who
produces or imports more than 10 tons of newsprint a year.
``(f) Regulations.--The Administrator shall promulgate regulations
to implement this section not later than 18 months after the date of
the enactment of the Newsprint Recycling Incentives Act. If the
Administrator fails to promulgate such regulations by that date, the
recycling percentage under subsection (b) shall be 20 percent until
such time as the regulations are promulgated.
``(g) Civil Penalty.--
``(1) Whoever violates this section shall be liable to the
United States for a civil penalty in an amount not to exceed
$2,500 for each such violation. Such civil penalty shall be
assessed by the Administrator of the Environmental Protection
Agency by an order made on the record after opportunity for a
hearing in accordance with section 554 of title 5, United
States Code. Before issuing such an order, the Administrator
shall give written notice to the person to be assessed a civil
penalty and provide such person an opportunity to request,
within 15 days of the date the notice is received by such
person, a hearing on the order.
``(2) In determining the amount of a civil penalty, the
Administrator shall take into account the nature,
circumstances, extent, and gravity of the violation or
violations and, with respect to the violator, ability to pay,
effect on ability to continue to do business, any history of
prior violations under this section, the degree of culpability,
and such other matters as justice may require.
``(3) The Administrator may compromise, modify, or remit,
with or without conditions, any civil penalty which may be
imposed under this subsection. The amount of such penalty, when
finally determined, or the amount agreed upon in compromise,
may be deducted from any sums owing by the United States to the
person charged.
``(4) Any person who requested in accordance with this
subsection a hearing respecting the assessment of a civil
penalty and who is aggrieved by an order assessing a civil
penalty may file a petition for judicial review of such order
with the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which such person
resides or transacts business. Such a petition may only be
filed within the 30-day period beginning on the date the order
making such assessment was issued.
``(5) If any person fails to pay an assessment of a civil
penalty--
``(A) after the order making the assessment has
become a final order and if such person does not file a
petition for judicial review of the order in accordance
with this section, or
``(B) after a court in an action brought under this
section has entered a final judgment in favor of the
Administrator,
the Attorney General shall recover the amount assessed (plus
interest at currently prevailing rates from the date of the
expiration of the 30-day period referred to in paragraph (4) or
the date of such final judgment, as the case may be) in an
action brought in any appropriate district court of the United
States. In such an action, the validity, amount, and
appropriateness of such penalty shall not be subject to review.
``(h) High Grade Paper Recycling.--(1) Not later than three years
after the date of the enactment of the Newsprint Recycling Incentives
Act, the Administrator shall submit to Congress a plan, based on the
experience with the implementation of this section, for the recycling
of post-consumer high grade paper. The plan shall discuss the
desirability and feasibility, in terms of environmental impacts
resulting from reduced volume and economic impacts, of requiring the
recycling of such paper, and the specific manner in which such
recycling could be accomplished if the Administrator concludes that
such recycling is feasible. The plan also shall include an incentive-
based method or methods for accomplishing the recycling, such as a
credit system (as established under subsection (c)).
``(2) Not later than one year after the plan is submitted under
paragraph (1), the Administrator shall begin to implement the plan. For
purposes of implementing the plan, the Administrator is authorized to
carry out any of the methods for accomplishing the recycling of the
paper that are included in the plan.
``(3) For purposes of this subsection, the term `high grade paper',
means printed or unprinted sheets, shavings, guillotined books, quire
waste, and cuttings of sulphite or sulphate ledger, bond, and writing
paper (and all other papers which have a similar fiber and filler
content).
(b) Technical Amendment.--The table of contents for subtitle D of
the Solid Waste Disposal Act (contained in section 1001 of such Act) is
amended by adding at the end thereof the following:
``Sec. 4011. Newsprint recycling requirements.''.
SEC. 5. AUTHORIZATION.
There is authorized to be appropriated to the Administrator of the
Environmental Protection Agency $1,200,000 to carry out section 4011 of
the Solid Waste Disposal Act (as added by section 3). Such funds shall
be used to hire the equivalent of at least six additional full-time
employees to carry out such provisions. Such funds shall remain
available until expended. | Newsprint Recycling Incentives Act - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle an amount of newsprint equal to the amount determined by multiplying the amount of newsprint produced or imported annually by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes compliance with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act.
Requires the recycling percentage to be at least 20 percent. Provides for increases in such percentage of two points annually for the next ten years.
Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits.
Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations.
Prescribes civil penalties for violations of this Act.
Directs the Administrator to submit to the Congress and implement a plan for the recycling of post-consumer high grade paper.
Authorizes appropriations. | {"src": "billsum_train", "title": "Newsprint Recycling Incentives Act"} | 2,754 | 256 | 0.581249 | 1.67396 | 0.822426 | 2.674208 | 12.054299 | 0.900452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Survivor Outreach and Support Campus
Act'' or the ``SOS Campus Act''.
SEC. 2. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION AND
RESPONSE.
Part B of title I of the Higher Education Act of 1965 (20 U.S.C.
1011 et seq.) is amended by adding at the end the following:
``SEC. 124. INDEPENDENT ADVOCATE FOR CAMPUS SEXUAL ASSAULT PREVENTION
AND RESPONSE.
``(a) Advocate.--
``(1) In general.--
``(A) Designation.--Each institution of higher
education that receives Federal financial assistance
under title IV shall designate an independent advocate
for campus sexual assault prevention and response
(referred to in this section as the `Advocate') who
shall be appointed based on experience and a
demonstrated ability of the individual to effectively
provide sexual assault victim services.
``(B) Notification of existence of and information
for the advocate.--Each employee of an institution
described in subparagraph (A) who receives a report of
sexual assault shall notify the victim of the existence
of, contact information for, and services provided by
the Advocate of the institution.
``(C) Appointment.--Not later than 180 days after
the date of enactment of the Survivor Outreach and
Support Campus Act, the Secretary shall prescribe
regulations for institutions to follow in appointing
Advocates under this section. At a minimum, each
Advocate shall--
``(i) report to an individual outside the
body responsible for investigating and
adjudicating sexual assault complaints at the
institution; and
``(ii) submit to such individual an annual
report summarizing how the resources supplied
to the advocate were used, including the number
of male and female sexual assault victims
assisted.
``(2) Role of the advocate.--In carrying out the
responsibilities described in this section, the Advocate shall
represent the interests of the student victim even when in
conflict with the interests of the institution.
``(b) Sexual Assault.--In this section, the term `sexual assault'
means penetration, no matter how slight, of the vagina or anus with any
body part or object, or oral penetration by a sex organ of another
person, without the consent of the victim, including when the victim is
incapable of giving consent.
``(c) Responsibilities of the Advocate.--Each Advocate shall carry
out the following, regardless of whether the victim wishes the victim's
report to remain confidential:
``(1)(A) Ensure that victims of sexual assault at the
institution receive, with the victim's consent, the following
sexual assault victim's assistance services available 24 hours
a day:
``(i) Information on how to report a campus sexual
assault to law enforcement.
``(ii) Emergency medical care, including follow up
medical care as requested.
``(iii) Medical forensic or evidentiary
examinations.
``(B) Ensure that victims of sexual assault at the
institution receive, with the victim's consent, the following
sexual assault victim's assistance services:
``(i) Crisis intervention counseling and ongoing
counseling.
``(ii) Information on the victim's rights and
referrals to additional support services.
``(iii) Information on legal services.
``(C) The services described in subparagraphs (A) and (B)
may be provided either--
``(i) on the campus of the institution in
consultation with a rape crisis center, legal
organization, or other community-based organization; or
``(ii) pursuant to a memorandum of understanding
(that includes transportation services), at a rape
crisis center, legal organization, or other community-
based organization located within a reasonable distance
from the institution.
``(D) A victim of sexual assault may not be disciplined,
penalized, or otherwise retaliated against for reporting such
assault to the Advocate.
``(2) Guide victims of sexual assault who request
assistance through the reporting, counseling, administrative,
medical and health, academic accommodations, or legal processes
of the institution or local law enforcement.
``(3) Attend, at the request of the victim of sexual
assault, any administrative or institution-based adjudication
proceeding related to such assault as an advocate for the
victim.
``(4) Maintain the privacy and confidentiality of the
victim and any witness of such sexual assault, and shall not
notify the institution or any other authority of the identity
of the victim or any such witness or the alleged circumstances
surrounding the reported sexual assault, unless otherwise
required by the applicable laws in the State where such
institution is located.
``(5) Conduct a public information campaign to inform the
students enrolled at the institution of the existence of,
contact information for, and services provided by the Advocate,
including--
``(A) posting information--
``(i) on the website of the institution;
``(ii) in student orientation materials;
and
``(iii) on posters displayed in
dormitories, cafeterias, sports arenas, locker
rooms, entertainment facilities, and
classrooms; and
``(B) training coaches, faculty, school
administrators, resident advisors, and other staff to
provide information on the existence of, contact
information for, and services provided by the Advocate.
``(d) Clery Act and Title IX.--Nothing in this section shall alter
or amend the rights, duties, and responsibilities under section 485(f)
or title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.) (also known as the Patsy Takemoto Mink Equal Opportunity in
Education Act).''. | Survivor Outreach and Support Campus Act or the SOS Campus Act - Amends the Higher Education Act of 1965 to require each institution of higher education (IHE) that participates in the programs under title IV (Student Assistance) to designate an independent advocate for campus sexual assault prevention and response (Advocate) with experience in providing sexual assault victim services. Directs the Secretary of Education to prescribe regulations for IHEs to follow in appointing Advocates. Requires each Advocate to: (1) report to an individual outside the body responsible for investigating and adjudicating sexual assault complaints at the IHE, (2) submit to such individual an annual report summarizing how the resources supplied to the Advocate were used, and (3) represent the interests of each student victim even when they conflict with the IHE's interests. Directs each Advocate to: ensure that sexual assault victims at the IHE receive, with their consent, specified information and services; guide sexual assault victims who request assistance through the reporting, counseling, administrative, medical and health, academic accommodations, or legal processes of the IHE or local law enforcement; attend, at the request of a sexual assault victim, any administrative or IHE-based adjudication proceeding related to such assault as an advocate for the victim; maintain the privacy and confidentiality of the victim and any witness to such sexual assault, without notifying the IHE or any other authority of the identity of the victim or of any such witness or the alleged circumstances surrounding the reported sexual assault, unless otherwise required to do so by state law; and conduct a public information campaign to inform the students enrolled at the IHE of the existence of, contact information for, and services provided by the Advocate. | {"src": "billsum_train", "title": "SOS Campus Act"} | 1,286 | 361 | 0.714848 | 2.094223 | 0.909511 | 4.393189 | 3.674923 | 0.925697 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) On January 19, 1942, 6 weeks after the December 7,
1941, attack on Pearl Harbor by the Japanese Navy, the United
States Army discharged all Japanese-Americans in the Reserve
Officers Training Corps and changed their draft status to
``4C''--the status of ``enemy alien'' which is ineligible for
the draft.
(2) On January 23, 1942, Japanese-Americans in the military
on the mainland were segregated out of their units.
(3) Further, on May 3, 1942, General John L. DeWitt issued
Civilian Exclusion Order No. 346, ordering all people of
Japanese ancestry, whether citizens or noncitizens, to report
to assembly centers, where they would live until being moved to
permanent relocation centers.
(4) On June 5, 1942, 1,432 predominantly Nisei (second
generation Americans of Japanese ancestry) members of the
Hawaii Provisional Infantry Battalion were shipped from the
Hawaiian Islands to Oakland, CA, where the 100th Infantry
Battalion was activated on June 12, 1942, and then shipped to
train at Camp McCoy, Wisconsin.
(5) The excellent training record of the 100th Infantry
Battalion and petitions from prominent civilian and military
personnel helped convince President Roosevelt and the War
Department to re-open military service to Nisei volunteers who
were incorporated into the 442nd Regimental Combat Team after
it was activated in February of 1943.
(6) In that same month, the 100th Infantry Battalion was
transferred to Camp Shelby, Mississippi, where it continued to
train and even though the battalion was ready to deploy shortly
thereafter, the battalion was refused by General Eisenhower,
due to concerns over the loyalty and patriotism of the Nisei.
(7) The 442nd Regimental Combat Team later trained with the
100th Infantry Battalion at Camp Shelby in May of 1943.
(8) Eventually, the 100th Infantry Battalion was deployed
to the Mediterranean and entered combat in Italy on September
26, 1943.
(9) Due to their bravery and valor, members of the
Battalion were honored with 6 awards of the Distinguished
Service Cross in the first 8 weeks of combat.
(10) The 100th Battalion fought at Cassino, Italy in
January, 1944, and later accompanied the 34th Infantry Division
to Anzio, Italy.
(11) In May and June of 1944, the battalion was joined by
the 442nd Regimental Combat Team, and helped push the German
Army north of Rome.
(12) The battalion was awarded the Presidential Unit
Citation for its actions in battle on June 26-27, 1944.
(13) On August 14th, 1944, the 100th Infantry Battalion was
formally made an integral part of the 442nd Regimental Combat
Team, and fought for the last 9 months of the war with
distinction in Italy, southern France, and Germany.
(14) The 442nd Regimental became the most decorated unit in
United States military history for its size and length of
service.
(15) The 442nd Regimental Combat Team, and members of the
team, received 7 Presidential Unit Citations, 21 Medals of
Honor, 52 Distinguished Service Crosses, 560 Silver Stars,
4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's
Medals, and nearly 10,000 Purple Hearts, among numerous
additional distinctions.
(16) The United States remains forever indebted to the
bravery, valor, and dedication to country these men faced while
fighting a 2-fronted battle of discrimination at home and
fascism abroad.
(17) Their commitment and sacrifice demonstrates a highly
uncommon and commendable sense of patriotism and honor.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design to the 100th Infantry Battalion and the
442nd Regimental Combat Team, United States Army, collectively, in
recognition of their dedicated service during World War II.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
honor of the 100th Infantry Battalion and the 442nd Regimental
Combat Team, United States Army, under subsection (a), the gold
medal shall be given to the Smithsonian Institution, where it
will be displayed as appropriate and made available for
research.
(2) Sense.--It is the sense of the Congress that the
Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
100th Infantry Battalion and the 442nd Regimental Combat Team,
United States Army.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 2, at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. NATIONAL MEDALS.
Medals struck pursuant to this Act are national medals for purposes
of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE.
(a) Authorization of Appropriations.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, an
amount not to exceed $30,000 to pay for the cost of the medal
authorized under section 2.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund. | Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award of a congressional gold medal to the Army's 100th Infantry Battalion and 442nd Regimental Combat Team, collectively, in recognition of their dedicated service during World War II. | {"src": "billsum_train", "title": "To grant the congressional gold medal, collectively, to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, in recognition of their dedicated service during World War II."} | 1,369 | 70 | 0.390612 | 1.092288 | 0.49514 | 5.433962 | 22.830189 | 0.981132 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) On January 19, 1984, the Secretary of State determined
that the Islamic Republic of Iran is a state sponsor of
terrorism.
(2) The Qods Force is the elite external operations branch
of the Iran's Islamic Revolutionary Guard Corps and the Iranian
regime's primary mechanism for cultivating and supporting
terrorists abroad.
(3) The Qods Force provides aid in the form of weapons,
training, and funding to Hamas and other Palestinian terrorist
groups, Lebanese Hizballah, Iraq-based militants, and Taliban
fighters in Afghanistan.
(4) The Qods Force is behind some of the deadliest
terrorist attacks of the past three decades, including the 1983
and 1984 bombings of the United States Embassy and annex in
Beirut, the 1983 bombing of the Marine barracks in Beirut, the
1992 bombing of the Israeli embassy in Buenos Aires, 1994
attack on the AMIA Jewish Community Center in Buenos Aires, and
the 1996 Khobar Towers bombing in Saudi Arabia.
(5) In 2007, President George W. Bush and General David
Petraeus, the top U.S. commander in Iraq, accused Iran's Qods
Force of aiding militias in killing American soldiers in Iraq.
(6) In 2007, the U.S. Department of the Treasury designated
the Qods Force for providing material support to the Taliban
and other terrorist organizations.
(7) On October 25, 2007, Iran's Islamic Revolutionary Guard
Corps Qods Force was sanctioned under Executive Order 13382,
for supporting proliferation of weapons of mass destruction.
(8) Section 1258 of the National Defense Authorization Act
for Fiscal Year 2008 expressed the sense of Congress that ``the
United States should designate Iran's Islamic Revolutionary
Guards Corps as a foreign terrorist organization under section
219 of the Immigration and Nationality Act (8 U.S.C. 1189) and
place the Islamic Revolutionary Guards Corps on the list of
Specially Designated Global Terrorists, as established under
the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) and initiated under Executive Order 13224 (September
23, 2001)''.
(9) In the period following the June 2009 presidential
election in Iran, the Qods Force was implicated in custodial
deaths and the killings of election protesters and committed
other acts of politically motivated violence, including
torture, beatings, and rape.
(10) On April 29, 2011, President Obama issued Executive
Order 13572, Blocking Property of Certain Persons With Respect
to Human Rights Abuses in Syria, including the Qods Force, for
the repression of the people of Syria, manifested most recently
by the use of violence and torture against, and arbitrary
arrests and detentions of, peaceful protestors by police,
security forces, and other entities that have engaged in human
rights abuses, which constitute an unusual and extraordinary
threat to the national security, foreign policy, and economy of
the United States.
(11) On October 11, 2011, the U.S. Department of Justice
announced that two members of Iran's Qods Force were charged in
an alleged plot to assassinate the Saudi Arabian Ambassador to
the Unites States. The criminal complaint against them included
charges of conspiracy to murder a foreign official; conspiracy
to engage in foreign travel and use of interstate and foreign
commerce facilities in the commission of murder-for-hire;
conspiracy to use a weapon of mass destruction (explosives);
and conspiracy to commit an act of international terrorism
transcending national boundaries.
(12) On March 7, 2012, the U.S. Department of the Treasury
designated Iran's Qods Force General Gholamreza Baghbani as a
Specially Designated Narcotics Trafficker for the role that the
Qods Force played in its scheme to support terrorism.
(13) Iran's Qods Force stations operatives in foreign
embassies, charities, and religious and cultural institutions
to foster relationships, often building on existing socio-
economic ties with the well-established Shia Diaspora, and
recent years have witnessed an increased presence in Latin
America.
SEC. 2. DESIGNATION OF IRAN'S ISLAMIC REVOLUTIONARY GUARD CORPS QODS
FORCE AS A FOREIGN TERRORIST ORGANIZATION.
The Secretary of State shall designate Iran's Islamic Revolutionary
Guard Corps Qods Force as a foreign terrorist organization under
section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 3. REPORT.
The Secretary of State shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate a report on terrorist activities of Iran's
Islamic Revolutionary Guard Corps Qods Force. | Directs the Secretary of State to: (1) designate Iran's Revolutionary Guard Corps (IRGC) as a foreign terrorist organization, and (2) report to Congress on IRGC terrorist activities. | {"src": "billsum_train", "title": "To direct the Secretary of State to designate Iran's Islamic Revolutionary Guard Corps Qods Force as a foreign terrorist organization, and for other purposes."} | 1,067 | 42 | 0.489106 | 1.292414 | 0.717085 | 2.540541 | 24.864865 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Transportation Safety and
Security Act''.
SEC. 2. PASSENGER RAIL SAFETY AND SECURITY ASSISTANCE.
(a) In General.--To improve the safety and security of rail
transportation provided by Amtrak, the Secretary of Transportation may,
through appropriate funding documents, procedures, and arrangements
(including contracts, loans, grants, and cooperative agreements) make
available--
(1) $515,000,000 for systemwide security upgrades,
including hiring and training additional police officers,
canine-assisted security units, and surveillance equipment; and
(2) $998,000,000 to be used to complete New York tunnel
life safety projects and rehabilitate tunnels in Washington,
D.C., and Baltimore, Maryland.
(b) Plan Required.--The Secretary may not make such amounts
available to Amtrak for obligation or expenditure under subsection
(a)--
(1) for implementing systemwide security upgrades until
Amtrak has submitted to the Secretary, and the Secretary has
approved, a plan for such upgrades;
(2) for completing the tunnel life safety and
rehabilitation projects until Amtrak has submitted to the
Secretary, and the Secretary has approved, an engineering and
financial plan for such projects; and
(3) Amtrak has submitted to the Secretary such additional
information as the Secretary may require in order to ensure
full accountability for the obligation or expenditure of
amounts made available to Amtrak for such purposes.
(c) Assessment by DOT Inspector General.--The Inspector General of
the Department of Transportation shall, as part of the Department's
annual assessment of Amtrak's financial status and capital funding
requirements, review the obligation and expenditure of funds under each
such funding document, procedure, or arrangement to ensure that the
expenditure and obligation of those funds are consistent with the
purposes for which they are provided under this Act.
(d) Report on Overlap.--Within 60 days after the date of enactment
of this Act, the Inspector General of the Department of Transportation
shall transmit a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Transportation and Infrastructure that identifies any overlap between--
(1) capital projects for which funds are provided under
such funding documents, procedures, or arrangements; and
(2) capital projects included in Amtrak's 20-year capital
plan.
SEC. 3. RAIL POLICE OFFICERS.
Section 28101 of title 49, United States Code, is amended by
striking ``the rail carrier'' each place it appears and inserting ``any
rail carrier''.
SEC. 4. TERRORIST ATTACKS AGAINST RAILROADS.
(a) In General.--Section 1992 of title 18, United States Code, is
amended to read as follows:
``Sec. 1992. Terrorist attacks against railroads
``(a) General Prohibitions.--Whoever willfully--
``(1) wrecks, derails, sets fire to, or disables any train,
locomotive, motor unit, or freight or passenger car used,
operated, or employed by a railroad carrier;
``(2) brings, carries, possesses, places or causes to be
placed any destructive substance, or destructive device in,
upon, or near any train, locomotive, motor unit, or freight or
passenger car used, operated, or employed by a railroad
carrier, without previously obtaining the permission of the
carrier, and with intent to endanger the safety of any
passenger or employee of the carrier, or with a reckless
disregard for the safety of human life;
``(3) sets fire to, or places any destructive substance, or
destructive device in, upon or near, or undermines any tunnel,
bridge, viaduct, trestle, track, signal, station, depot,
warehouse, terminal, or any other way, structure, property, or
appurtenance used in the operation of, or in support of the
operation of, a railroad carrier, or otherwise makes any such
tunnel, bridge, viaduct, trestle, track, station, depot,
warehouse, terminal, or any other way, structure, property, or
appurtenance unworkable or unusable or hazardous to work or
use, knowing or having reason to know such activity would
likely derail, disable, or wreck a train, locomotive, motor
unit, or freight or passenger car used, operated, or employed
by a railroad carrier;
``(4) removes appurtenances from, damages, or otherwise
impairs the operation of any railroad signal system, including
a train control system, centralized dispatching system, or
highway-railroad grade crossing warning signal on a railroad
line used, operated, or employed by a railroad carrier;
``(5) interferes with, disables, or incapacitates any
locomotive engineer, conductor, or other person while they are
operating or maintaining a train, locomotive, motor unit, or
freight or passenger car used, operated, or employed by a
railroad carrier, with intent to endanger the safety of any passenger
or employee of the carrier, or with a reckless disregard for the safety
of human life;
``(6) commits an act intended to cause death or serious
bodily injury to an employee or passenger of a railroad carrier
while on the property of the carrier;
``(7) causes the release of a hazardous material being
transported by a rail freight car, with the intent to endanger
the safety of any person, or with a reckless disregard for the
safety of human life;
``(8) conveys or causes to be conveyed false information,
knowing the information to be false, concerning an attempt or
alleged attempt being made or to be made, to do any act that
would be a crime prohibited by this subsection; or
``(9) attempts, threatens, or conspires to do any of the
aforesaid acts, shall be fined under this title or imprisoned
not more than 20 years, or both, if such act is committed, or
in the case of a threat or conspiracy such act would be
committed, within the United States on, against, or affecting a
railroad carrier engaged in or affecting interstate or foreign
commerce, or if in the course of committing such acts, that
person travels or communicates across a State line in order to
commit such acts, or transports materials across a State line
in aid of the commission of such acts; except that whoever is
convicted of any crime prohibited by this subsection shall be--
``(A) imprisoned for not less than 30 years or for
life if the railroad train involved carried high-level
radioactive waste or spent nuclear fuel at the time of
the offense;
``(B) imprisoned for life if the railroad train
involved was carrying passengers at the time of the
offense; and
``(C) imprisoned for life or sentenced to death if
the offense has resulted in the death of any person.
``(b) Prohibitions on the Use of Firearms and Dangerous Weapons.--
``(1) Except as provided in paragraph (4), whoever
knowingly possesses or causes to be present any firearm or
other dangerous weapon on board a passenger train of a railroad
carrier, or attempts to do so, shall be fined under this title
or imprisoned not more than 1 year, or both, if such act is
committed on a railroad carrier that is engaged in or affecting
interstate or foreign commerce, or if in the course of
committing such act, that person travels or communicates across
a State line in order to commit such act, or transports
materials across a State line in aid of the commission of such
act.
``(2) Whoever, with intent that a firearm or other
dangerous weapon be used in the commission of a crime,
knowingly possesses or causes to be present such firearm or
dangerous weapon on board a passenger train or in a passenger
terminal facility of a railroad carrier, or attempts to do so,
shall be fined under this title or imprisoned not more than 5
years, or both, if such act is committed on a railroad carrier
that is engaged in or affecting interstate or foreign commerce,
or if in the course of committing such act, that person travels
or communicates across a State line in order to commit such
act, or transports materials across a State line in aid of the
commission of such act.
``(3) A person who kills or attempts to kill a person in
the course of a violation of paragraphs (1) or (2), or in the
course of an attack on a passenger train or a passenger
terminal facility of a railroad carrier involving the use of a
firearm or other dangerous weapon, shall be punished as
provided in sections 1111, 1112, and 1113.
``(4) Paragraph (1) shall not apply to--
``(A) the possession of a firearm or other
dangerous weapon by an officer, agent, or employee of
the United States, a State, or a political subdivision
thereof, while engaged in the lawful performance of
official duties, who is authorized by law to engage in
the transportation of people accused or convicted of
crimes, or supervise the prevention, detection,
investigation, or prosecution of any violation of law;
``(B) the possession of a firearm or other
dangerous weapon by an officer, agent, or employee of
the United States, a State, or a political subdivision
thereof, while off duty, if such possession is
authorized by law;
``(C) the possession of a firearm or other
dangerous weapon by a Federal official or a member of
the Armed Forces if such possession is authorized by
law;
``(D) the possession of a firearm or other
dangerous weapon by a railroad police officer employed
by a rail carrier and certified or commissioned as a
police officer under the laws of a State, whether on or
off duty; or
``(E) an individual transporting a firearm on board
a railroad passenger train (except a loaded firearm) in
baggage not accessible to any passenger on board the
train, if the railroad carrier was informed of the
presence of the weapon prior to the firearm being
placed on board the train.
``(c) Prohibition Against Propelling Objects.--Whoever willfully or
recklessly throws, shoots, or propels a rock, stone, brick, or piece of
iron, steel, or other metal or any deadly or dangerous object or
destructive substance at any locomotive or car of a train, knowing or
having reason to know such activity would likely cause personal injury,
shall be fined under this title or imprisoned for not more than 5
years, or both, if such act is committed on or against a railroad
carrier engaged in or affecting interstate or foreign commerce, or if
in the course of committing such act, that person travels or
communicates across a State line in order to commit such act, or
transports materials across a State line in aid of the commission of
such act. Whoever is convicted of any crime prohibited by this
subsection shall also be subject to imprisonment for not more than 20
years if the offense has resulted in the death of any person.
``(d) Definitions.--In this section:
``(1) Dangerous device.--The term `dangerous device' has
the meaning given that term in section 921(a)(4) of this title.
``(2) Dangerous weapon.--The term `dangerous weapon' has
the meaning given that term in section 930 of this title.
``(3) Destructive substance.--The term `destructive
substance' has the meaning given that term in section 31 of
this title, except that (A) the term `radioactive device' does
not include any radioactive device or material used solely for
medical, industrial, research, or other peaceful purposes, and
(B) `destructive substance' includes any radioactive device or
material that can be used to cause a harm listed in subsection
(a) and that is not in use solely for medical, industrial,
research, or other peaceful purposes.
``(4) Firearm.--The term `firearm' has the meaning given
that term in section 921 of this title.
``(5) Hazardous material.--The term `hazardous material'
has the meaning given that term in section 5102(2) of title 49,
United States Code.
``(6) High-level radioactive waste.--The term `high-level
radioactive waste' has the meaning given that term in section
10101(12) of title 42, United States Code.
``(7) Railroad.--The term `railroad' has the meaning given
that term in section 20102(1) of title 49, United States Code.
``(8) Railroad carrier.--The term `railroad carrier' has
the meaning given that term in section 20102(2) of title 49,
United States Code.
``(9) Serious bodily injury.--The term `serious bodily
injury' has the meaning given that term in section 1365 of this
title.
``(10) Spent nuclear fuel.--The term `spent nuclear fuel'
has the meaning given that term in section 10101(23) of title
42, United States Code.
``(11) State.--The term `State' has the meaning given that
term in section 2266 of this title.''.
(b) Clerical Amendment.--The chapter analysis for chapter 97 of
title 18, United States Code, is amended by striking the item relating
to section 1992 and inserting the following:
``1992. Terrorist attacks against railroads.''.
SEC. 5. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
The Secretary of Transportation shall, in consultation with the
rail industry and public safety officials, assess the security risks
associated with rail transportation and develop recommendations for
target-hardening those areas identified as posing significant risk to
public safety. The Secretary shall transmit a report to the Congress
within 90 days after the date of enactment of this Act setting forth
the assessment, together with any proposals to provide Federal
assistance to aid in the protection against deliberate acts of crime or
terrorists acts toward rail employees, rail passengers, rail shipments,
or rail property. The Secretary may submit the report in both
classified and redacted formats if the Secretary determines that such
action is appropriate or necessary. | Rail Transportation Safety and Security Act - Authorizes the Secretary of Transportation, in order to improve the safety and security of rail transportation provided by Amtrak, to make available through appropriate funding documents, procedures, and arrangements (including contracts, loans, grants, and cooperative agreements) amounts for: (1) systemwide security upgrades, including hiring and training additional police officers, canine-assisted security units, and surveillance equipment; and (2) completion of New York tunnel life safety projects and rehabilitation of tunnels in Washington, D.C., and Baltimore, Maryland. Prohibits the Secretary from making such amounts available to Amtrak until a plan has been submitted to the Secretary for approval.Amends Federal criminal law to prohibit: (1) specific terrorist acts or otherwise destructive, disruptive, or violent acts against railroads, including freight or passenger trains; (2) the possession or use of a firearm or dangerous weapon on board a passenger train; and (3) the propelling of deadly objects or destructive substances at a locomotive or car of a train. Sets forth, and in certain circumstances increases, criminal penalties for persons who commit such acts.Directs the Secretary to assess the security risks associated with rail transportation and develop recommendations for target-hardening those areas identified as posing significant risk to public safety. | {"src": "billsum_train", "title": "A bill to improve the safety and security of rail transportation."} | 3,148 | 271 | 0.705456 | 2.09569 | 0.766993 | 4.538462 | 11.805668 | 0.910931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protections Against Terrorist
Transfer Act of 2016''.
SEC. 2. STRENGTHENING OF CERTIFICATION REQUIREMENTS RELATING TO THE
TRANSFER OR RELEASE OF DETAINEES AT UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) Certification Requirement Generally.--Subsection (a) of section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 969; 10 U.S.C. 801 note) is amended--
(1) in the subsection heading, by striking ``Prior''; and
(2) by striking paragraph (1) and inserting the following
new paragraph (1):
``(1) In general.--Except as provided in paragraph (2), no
amount authorized to be appropriated or otherwise made
available for the Department of Defense or any other
department, agency, or element of the United States Government
may be used after the date of the enactment of the Protections
Against Terrorist Transfer Act of 2016 to transfer, release, or
assist in the transfer or release of any individual detained at
Guantanamo to the custody or control of any foreign country or
other foreign entity unless the Secretary of Defense certifies
to the appropriate committees of Congress that the individual
no longer poses a continuing threat to the security of the
United States, its citizens, and its interests as described in
subsection (b). The certification with respect to an individual
shall be submitted not later than 30 days after the date on
which the Secretary makes the determination that the individual
no longer poses a continuing threat to the security of the
United States, its citizens, and its interests.''.
(b) Certification Elements.--Subsection (b) of such section is
amended--
(1) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(2) by inserting before paragraph (2), as redesignated by
paragraph (1) of this subsection, the following new paragraph
(1):
``(1) the individual to be transferred or released no
longer poses a continuing threat to the security of the United
States, its citizens, and its interests;'';
(3) in paragraph (2), as so redesignated, by inserting ``or
release'' after ``transfer'';
(4) by inserting ``or released'' after ``transferred'' each
place it appears; and
(5) in subparagraph (B) of paragraph (4), as so
redesignated, by striking ``paragraph (2)(C)'' and inserting
``paragraph (3)(C)''.
(c) Basis for Certification.--Such section is further amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively; and
(2) by inserting after subsection (b) the following new
subsection (c):
``(c) Basis for Certification.--
``(1) In general.--In making the certification described in
subsection (b) with respect to an individual, the Secretary
shall take into account and respond to each of the following:
``(A) The extent to which the individual was
involved in or facilitated terrorist activities,
including the extent to which the individual may have
planned or participated in specific terrorist attacks.
``(B) The conduct of the individual when acting as
part of, or substantially supporting, Taliban or al
Qaeda forces, or the Islamic State of Iraq and the
Levant (ISIL) or any other terrorist organization or
forces, that are engaged in hostilities against the
United States or its coalition partners.
``(C) The level of knowledge, skills, or training
possessed by the individual that has been or could be
used for terrorist purposes, including the following:
``(i) Training or ability to plan, lead,
finance, organize, or execute acts of
terrorism.
``(ii) Training or ability to facilitate
the movement or training of terrorists.
``(iii) Any specialized training or
operational experience, including training in
paramilitary tactics, explosives, or weapons of
mass casualty.
``(D) The nature and extent of the ties of the
individual with individual terrorists, terrorist
organizations, terrorist support networks, or other
extremists.
``(E) Information pertaining to the likelihood that
the individual intends to or is likely to engage in
terrorist activities upon transfer or release.
``(F) Information pertaining to the likelihood that
the individual will reestablish ties after transfer or
release with terrorists, terrorist organizations,
terrorist support networks, or other extremists that
are engaged in hostilities against the United States or
its coalition partners, and information pertaining to
whether the group of which the individual was a part of
at the time of capture is now defunct.
``(G) Information pertaining to the destination
country, including, specifically, the following:
``(i) The presence of terrorist groups,
instability, or other factors in that country
that could negatively influence the potential
of the individual to engage in terrorist
activities upon transfer or release.
``(ii) The accessibility and likelihood the
individual may contact or seek support from
family, tribal, or known associates.
``(iii) The likelihood of rehabilitation or
support for the individual by the receiving
government or entity.
``(iv) The availability and credibility of
measures by the receiving government or entity
to mitigate substantially the assessed threat
posed by the individual, including information
regarding past detainee transfers to that
country or entity, if applicable.
``(H) The likelihood the individual will be subject
to trial by military commission, or any other law
enforcement interest in the individual.
``(I) The conduct of the individual in the custody
of the Department of Defense, including contact with
any individual who is not a detainee, behavior, habits,
traits, rehabilitation efforts, and whether the
individual was considered a danger to other detainees
or other individuals.
``(J) The physical and psychological condition of
the individual, as assessed by a licensed professional.
``(K) Any other relevant factors bearing on the
continuing threat to the security of the United States,
its citizens, and its interests posed by the transfer
or release of the individual.
``(L) Any other relevant information bearing on the
national security and foreign policy interests of the
United States or the interests of justice.
``(2) Recommendations.--In determining whether to make a
certification described in subsection (b) on an individual, the
Secretary shall take into account, and include with the
certification, the recommendations and military value analyses
of the following:
``(A) The Chairman of the Joint Chiefs of Staff.
``(B) The Chiefs of Staff of the Armed Forces, with
respect to the effects of the transfer or release on
military personnel with a residence for their permanent
duty station in the geographic area, or forward
deployed forces, in the foreign country concerned.
``(C) The commander of the geographic combatant
command having the foreign country or entity to which
the individual will be transferred or released within
its area of operational responsibility.
``(D) The Commander of the United States Southern
Command.
``(3) Provision to individuals.--Each individual covered by
a certification described in subsection (b) shall be provided
an unclassified written summary of the certification, in a
language the individual understands, not earlier than 30 days
after the Secretary submits the certification to the
appropriate committees of Congress pursuant to subsection (a).
The summary shall also be provided to the personal
representative and private counsel of the individual.''.
(d) Continuing Threat Defined.--Subsection (g) of such section, as
redesignated by subsection (c)(1) of this section, is amended by adding
at the end the following new paragraph:
``(5) The term `continuing threat', means a threat to the
security of the United States that may require any type of
security measure by the United States or any other foreign
country or other foreign entity associated with the transfer or
release of a detainee.''.
(e) Additional Conforming Amendments.--Paragraph (3) of subsection
(f) of such section, as so redesignated, is amended--
(1) by striking ``subsection (b)(2)(C)'' and inserting
``subsection (b)(3)(C)''; and
(2) by striking ``subsection (b)(3)'' and inserting
``subsection (b)(4)''.
(f) Clerical Amendment.--The heading of such section is amended to
read as follows:
``SEC. 1034. CERTIFICATION REQUIREMENTS RELATING TO THE TRANSFER OR
RELEASE OF DETAINEES AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.''. | Protections Against Terrorist Transfer Act of 2016 This bill amends the National Defense Authorization Act for Fiscal Year 2016 to prohibit the use of funds made available to the Department of Defense (DOD) or to any other U.S. government entity to transfer, release, or assist in the transfer or release of any individual detained at Naval Station, Guantanamo Bay, Cuba, to the custody or control of any foreign country or other foreign entity unless DOD certifies to Congress that the individual no longer poses a threat to the security of the United States, its citizens, and its interests. | {"src": "billsum_train", "title": "Protections Against Terrorist Transfer Act of 2016"} | 1,947 | 128 | 0.622236 | 1.655434 | 0.622727 | 5.481481 | 17.12963 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Capital and Securities
Markets Study Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Japan's capital and securities markets have assumed a
global significance;
(2) growing interaction between the capital and securities
markets of the United States and Japan can affect national
policies on exchange rates, investment, fiscal policy, and
public debt;
(3) Japan's capital and securities markets have different
structures, operations, practices, and regulatory regimes than
United States markets;
(4) the different structures, operations, practices, and
regulatory regimes of Japan's capital and securities markets
could cause significant economic effects in the United States;
and
(5) a study by the Secretary of the Treasury therefore is
required to gain a fuller understanding of the structure,
operation, practice, and regulation of Japan's capital and
securities markets and their implications for the United
States.
SEC. 3. STUDY OF CAPITAL AND SECURITIES MARKETS.
(a) In General.--The Secretary of the Treasury (hereafter referred
to as the ``Secretary'') shall conduct a study of the capital and
securities markets of Japan in accordance with subsection (b). Not
later than 1 year after the date of the enactment of this Act, the
Secretary shall submit a report to the Congress on the structure,
operation, practice, and regulation of Japan's capital and securities
markets, and their implications for the United States.
(b) Study Topics.--In conducting the study required by subsection
(a), the Secretary shall consider--
(1) with regard to Japan's capital and securities markets--
(A) methods used by Japanese companies to raise
capital, and the cost of such capital, at present and
historically;
(B) Japanese methods of corporate governance,
particularly with regard to the effectiveness of
shareholder meetings, proxy solicitations, and other
methods of shareholder participation, the strength of
the consumer movement in Japan and its implications for
shareholder rights, techniques used by corporate
management regarding shareholder participation in
corporate governance, and the general effectiveness of
shareholder rights in the supervision of corporate
managers;
(C) practices and techniques used by Japanese
securities brokers and dealers;
(D) the prevalence of loss guarantees and similar
practices in securities dealing;
(E) the prevalence of companies having common
directors, especially directors common to financial
institutions and client industrial companies;
(F) the practice known as ``stable shareholding''
and other reciprocal shareholding relationships,
especially between vendors and customers;
(G) the role played by banks and other financial
institutions in capital and securities markets,
particularly with regard to equity participation,
participation in corporate governance, investment
practices, and adequacy of collateral;
(H) the financial strength of Japanese banks,
including the adequacy of capital and loan loss
reserves, the impact of current trends in securities
values on bank capital, and the impact of current
trends in real estate values on bank profitability,
loan defaults, and the adequacy of collateral;
(I) trends in Japanese real estate and securities
values, particularly in relation to savings rates, the
adequacy of collateral, loan defalcations,
bankruptcies, investment in the United States, and
capital repatriation from the United States;
(J) the adequacy of disclosure requirements imposed
on industrial corporations, banks, securities houses,
and other financial institutions and the extent of
compliance by such organizations, including disclosure
of primary bank and reciprocal or similar shareholding
relationships;
(K) the use of securities and real estate holdings
as collateral, and the implications of any decline in
value of such collateral; and
(L) the adequacy of judicial relief available to
foreign investors claiming injury under Japanese law,
including the availability of administrative remedies,
the sufficiency and effectiveness of discovery
procedures and the timeliness of relief; and
(2) with regard to the economic effects of such markets on
the United States--
(A) the magnitude of United States investment in
Japanese securities, particularly by United States
pension funds, and the implications for United States
investors of the structures, operations, practices, and
regulations of Japan's capital and securities markets,
including the safety of securities investments, the
validity of price and volume signals on Japanese
exchanges, the ability to participate in corporate
governance, and other protections of shareholders'
rights;
(B) the implications for United States securities
markets, particularly the risk that developments in
Japan could have consequences for the United States;
(C) the implications for United States capital
markets, including international liquidity, United
States interest rates, Japanese investment in the
United States, capital repatriation to Japan, and
domestic capital supply;
(D) the effect on United States macroeconomic
policies, including interest rate policy, exchange rate
policy, fiscal policy, monetary policy, and public debt
policy;
(E) the implications for the competitiveness of
United States enterprises, including the comparative
cost of capital, duties to shareholders, research and
development expenditures, and investments in plant and
equipment; and
(F) the effectiveness of remedies available to
United States investors in Japanese securities, and the
amount of dealing in Japanese securities in the United
States, whether directly or indirectly.
(c) Consultations.--The Secretary shall consult with the Chairman
of the Securities and Exchange Commission, the United States Trade
Representative, and such other agencies or persons as the Secretary may
deem necessary to complete the study and report required under this
Act. The Secretary may consult with agencies of the Government of
Japan, Japanese exchanges, and such other Japanese persons or
organizations as the Secretary may deem appropriate.
SEC. 4. DEFINITIONS.
For purposes of this Act the term ``security'' has the same meaning
as in section 3(a)(10) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(10)). | Foreign Capital and Securities Markets Study Act of 1993 - Directs the Secretary of the Treasury to study and report to the Congress on the capital and securities markets of Japan and their implications for the United States. | {"src": "billsum_train", "title": "Foreign Capital and Securities Markets Study Act of 1993"} | 1,247 | 43 | 0.58572 | 1.460301 | 0.885532 | 4.74359 | 31.717949 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare and Medicaid Third Party
Liability Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) illnesses and diseases that result from the use of
tobacco products cost Federal Government health care programs
billions of dollars, including at least $16,000,000,000 in the
medicare program and $3,000,000,000 in the medicaid program for
inpatient hospital services in fiscal year 1994;
(2) over the next 20 years, such illnesses and diseases
will cost the medicare trust funds at least $800,000,000,000;
(3) in April 1994, the trustees of the medicare trust funds
concluded that such funds may be insolvent in 7 years, with
$128,000,000,000 of expenditures due to such illnesses and
diseases;
(4) recent discoveries, including documents, patents and
patent applications, and testimony, have shown that--
(A) the tobacco industry has known for years that
the nicotine in cigarettes is addictive,
(B) the industry has attempted both to conceal this
information from the public and the Government and to
manipulate the amount of nicotine in cigarettes, and
(C) it is possible to manufacture cigarettes which
are far less dangerous to consumers;
(5) more than 36 percent of medicare recipients are former
smokers and 20 percent are current smokers;
(6) approximately 43 percent of medicaid recipients smoke,
compared to 26 percent of the general public;
(7) the medicare population is much more at risk of
contacting illnesses and diseases that result from the use of
tobacco products than younger smokers, because such population
has smoked longer;
(8) legal scholars and courts are increasingly agreeing
that it is appropriate to use statistical evidence to prove
causation; and
(9) in view of the large number of Americans killed,
disabled, or otherwise injured each year as a result of smoking
cigarettes, the addictiveness of the nicotine in cigarettes,
and the absence of any significant benefits to society from
smoking, cigarettes are an unreasonably dangerous product and
cigarette manufacturers are engaged in abnormally dangerous
activities.
(b) Purpose.--The purpose of this Act is to allow the American
taxpayers to recoup billions of dollars in Federal Government health
care funds spent on tobacco related illnesses and diseases.
SEC. 3. CLASS ACTION TO RECOVER COSTS TO FEDERAL GOVERNMENT HEALTH CARE
PROGRAMS OF TOBACCO RELATED ILLNESSES AND DISEASES.
(a) In General.--(1) With respect to payments made under any
applicable Federal Government health care program to or on behalf of
more than one recipient with a disease, illness, condition, or
complication caused, in whole or in part, by the use of tobacco
products, the Attorney General of the United States may seek recovery
for such payments from third parties (or any successors to such third
parties) that manufacture tobacco products. The Attorney General (after
consultation with the appropriate Secretaries who administer such
programs) may bring an action in the name of the United States in
United States district court to recover such payments made to or on
behalf of all such recipients in one proceeding.
(2) Any action to enforce the rights of the Attorney General under
this section with respect to any payment described in paragraph (1)
shall be commenced within 5 years of such payment.
(3) For purposes of paragraph (1), the term ``applicable Federal
Government health care program'' includes--
(A) the medicare program under title XVIII of the Social
Security Act;
(B) the medicaid program under title XIX of such Act;
(C) the veterans health care program under title 38, United
States Code; and
(D) any other similar Federal health care program.
(b) Notice Under the Class Action.--(1) In any action brought under
this section, no notice to recipients described in subsection (a)(1) is
required, and such recipients shall have no right to become a party to
such action. Such action is independent of any rights or causes of
action of such recipients.
(2) In any such action in which the number of recipients described
in subsection (a)(1) is so large as to cause it to be impracticable to
join or identify each claim, the Attorney General shall not be required
to so identify the individual recipients for which payment has been
made, but rather can proceed to seek recovery based upon payments made
to or on behalf of an entire class of recipients.
(c) Rules of Evidence.--In any action brought under this section,
the Federal Rules of Evidence shall be construed, regarding the
introduction and probative value of evidence on the issues of causation
and damages, in order to effectuate the purposes of this Act to the
greatest extent possible. The issues of causation and damages in any
such action may be proven by use of statistical analysis or
epidemiological evidence, or both.
(d) Share of Liability.--In any action brought under this section
in which a third party is liable due to its manufacture, sale, or
distribution of a tobacco product, the Attorney General shall be
allowed to proceed under a market share theory, if the products
involved are substantially interchangeable and substantially similar
factual or legal issues would be involved in seeking recovery against
each liable third party individually. In the alternative, the Attorney
General shall be allowed to proceed under a theory of concerted action
or enterprise liability, or both, if warranted by the facts presented
to the court.
(e) Distribution of Recovery.--Amounts recovered under any action
brought under this section shall be paid to the United States and
disposed of as follows:
(1) In the case of amounts recovered arising out of a claim
under title XIX of the Social Security Act, there shall be paid
to each State agency an amount bearing the same proportion to
the total amount recovered as the State's share of the amount
paid by the State agency for such claim bears to the total
amount paid for such claim.
(2) Such portion of the amounts recovered as is determined
to have been paid out of the trust funds under sections 1817
and 1841 of the Social Security Act shall be repaid to such
trust funds.
(3) The remainder of the amounts recovered shall be
deposited as miscellaneous receipts of the Treasury of the
United States. | Medicare and Medicaid Third Party Liability Act - Authorizes the Attorney General to seek a class action recovery from tobacco product manufacturers of any payments made under the Medicare, Medicaid, veterans' health care, or any other similar Federal health care program to or on behalf of more than one recipient with a disease, illness, condition, or complication caused, in whole or in part, by the use of tobacco products. | {"src": "billsum_train", "title": "Medicare and Medicaid Third Party Liability Act"} | 1,338 | 88 | 0.466307 | 1.328926 | 0.514292 | 6.658228 | 16.329114 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congressional Tribute to Constance
Baker Motley Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Constance Baker Motley was born in 1921, in New Haven,
Connecticut, the daughter of immigrants from the Caribbean
island of Nevis.
(2) In 1943, Constance Baker Motley graduated from New York
University with a Bachelor of Arts degree in economics.
(3) Upon receiving a law degree from Columbia University in
1946, Constance Baker Motley became a staff attorney at the
National Association for the Advancement of Colored People
Legal Defense and Educational Fund, Inc. (in this Act referred
to as the ``LDF''), and fought tirelessly for 2 decades
alongside Thurgood Marshall and other leading civil rights
lawyers to dismantle segregation throughout the United States.
(4) Constance Baker Motley was the only female attorney on
the LDF legal team that won the landmark desegregation case,
Brown v. Board of Education, 347 U.S. 483 (1954).
(5) Constance Baker Motley argued 10 major civil rights
cases before the Supreme Court, winning all but one, including
the case brought on behalf of James Meredith challenging the
refusal of the University of Mississippi to admit him.
(6) Constance Baker Motley's only loss before the United
States Supreme Court was in Swain v. Alabama, 380 U.S. 202
(1965), a case in which the Supreme Court refused to proscribe
race-based peremptory challenges in cases involving African-
American defendants, and which was later reversed in Batson v.
Kentucky, 476 U.S. 79 (1986), on grounds that were largely
asserted by Constance Baker Motley in the Swain case.
(7) In 1964, Constance Baker Motley became the first
African-American woman elected to the New York State Senate.
(8) In 1965, Constance Baker Motley became the first
African-American woman, and the first woman, to serve as
president of the Borough of Manhattan.
(9) Constance Baker Motley, in her capacity as an elected
public official in New York, continued to fight for civil
rights, dedicating herself to the revitalization of the inner
city and improvement of urban public schools and housing.
(10) In 1966, Constance Baker Motley was appointed by
President Lyndon B. Johnson as a judge on the United States
District Court for the Southern District of New York.
(11) The appointment of Constance Baker Motley made her the
first African-American woman, and only the fifth woman,
appointed and confirmed for a Federal judgeship.
(12) In 1982, Constance Baker Motley was elevated to Chief
Judge of the United States District Court for the Southern
District of New York, the largest Federal trial court in the
United States.
(13) Constance Baker Motley assumed senior status in 1986,
and continued serving on the United States District Court for
the Southern District of New York with distinction for nearly 2
decades.
(14) Constance Baker Motley passed away on September 28,
2005, and is survived by her husband Joel Wilson Motley, Jr.,
their son, Joel Motley III, her 3 grandchildren, her brother,
Edmund Baker of Florida, and her sisters Edna Carnegie, Eunice
Royster, and Marian Green, of New Haven, Connecticut.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President pro tempore of the
Senate and the Speaker of the House of Representatives are authorized
to make appropriate arrangements for the posthumous presentation, on
behalf of Congress, of a gold medal of appropriate design in
commemoration of Constance Baker Motley, in recognition of her enduring
contributions and service to the United States.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury (in this
Act referred to as the ``Secretary'') shall strike a gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 4. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 3, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. NATIONAL MEDALS.
(a) National Medal.--The medal struck under section 3 is a national
medal for purposes of chapter 51 of title 31, United States Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all duplicate medals struck under section 4 shall
be considered to be numismatic items.
SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the cost of the medals struck
under this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 4 shall be deposited in the United States
Mint Public Enterprise Fund. | Congressional Tribute to Constance Baker Motley Act of 2013 - Authorizes the President Pro Tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration of Constance Baker Motley (civil rights attorney at the National Association for the Advancement of Colored People Legal Defense and Educational Fund, Inc., first African-American woman elected to the New York State Senate, and Chief Judge on the U.S. District Court for the Southern District of New York), in recognition of her enduring contributions and service to the United States. | {"src": "billsum_train", "title": "Congressional Tribute to Constance Baker Motley Act of 2013"} | 1,187 | 146 | 0.597977 | 2.152679 | 0.516639 | 6.855932 | 8.974576 | 0.991525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``After-School Children's Education
(ACE) Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Children's activities outside of school have a critical
and long lasting impact on school achievement and future
success.
(2) Approximately 24,000,000 school-age children are in
need of adult supervision while their parents are at work.
(3) Experts estimate that almost 5,000,000 school-age
children spend time without adult supervision during a typical
week and that these children are more likely to engage in risky
behavior such as drug and alcohol abuse, sexual activity,
loitering on street corners, and truancy.
(4) The prosperity of the Nation depends upon maximizing
and fulfilling the potential of its young people.
(5) Many parents report that they would like to enroll
their children in after-school enrichment activities but that
they are prevented from doing so by prohibitive costs,
transportation difficulties, worries about neighborhood safety,
and a shortage of available options.
(6) While there are gaps in the availability of after-
school programs, there are many outstanding programs for the
Nation's youth, including programs sponsored by the Boys and
Girls Clubs of America, the Boy Scouts of America, the Girl
Scouts of America, YMCAs, mentoring programs, and athletic and
other programs operated by public schools, churches, day care
centers, parks, recreation centers, family day care, community
organizations, law enforcement agencies, service providers, and
for-profit and nonprofit organizations.
(7) Before the United States can meaningfully expand the
supply of after-school programs, accurate information must be
available regarding the number, type, and appropriateness of
after-school programs available, significant areas of unmet
need in the quality and availability of after-school programs,
barriers which prevent or deter the participation of children
in after-school programs, and barriers to improving the quality
and availability of after-school programs.
SEC. 3. AFTER-SCHOOL PROGRAM GRANTS.
The Child Care and Development Block Grant Act of 1990 (42 U.S.C.
9858 et seq.) is amended--
(1) in section 657A(b)(3), by inserting ``, including
after-school programs'' after ``child care'';
(2) in section 657B, by striking ``$1,000,000,000'' and
inserting ``$1,010,000,000''; and
(3) by inserting after section 658G the following new
section:
``SEC. 658H. AFTER-SCHOOL PROGRAM GRANTS.
``A State that receives funds to carry out this Act for a fiscal
year shall use not less than 1 percent of the amount of such funds, in
coordination with child care resource and referral centers to the
extent practicable for activities that are designed to improve the
quality and availability of after-school programs, including one or
more of the following:
``(1) Informational assistance, including assistance to
kindergartens, elementary schools, and high schools within the
State, for placement of children in kindergarten through high
school in age-appropriate, enriching after-school programs.
``(2) Coordination of after-school programs, including
those funded with Federal or State funds.
``(3) Development of innovative, age-appropriate, age-
appealing, and enriching after-school programs.
``(4) Development of creative funding strategies to help
make after-school programs affordable for all parents.''.
SEC. 4. NATIONAL CLEARINGHOUSE FOR AFTER-SCHOOL PROGRAMS.
The Secretary of Health and Human Services, through the
Commissioner on Children, Youth, and Families, and in consultation with
the Secretary of Education, the Attorney General, the Secretary of
Agriculture, and representatives from State child care agencies and
child care resource and referral centers, youth development
organizations, State and local education agencies, relevant private
foundations, and other relevant organizations, shall establish and
maintain a national clearinghouse to provide technical assistance
regarding the establishment and operation of after-school programs and
models of after-school programs. The national clearinghouse shall be
available to the public, including via Internet, and shall serve as a
resource for child care organizations, communities, and individuals
seeking to improve the quality and availability of after-school
programs.
SEC. 5. GENERAL ACCOUNTING OFFICE REPORT.
Not later than 1 year after the date of the enactment of this Act,
the General Accounting Office shall transmit to Congress a report
containing the following:
(1) For each State, a description of the types of after-
school programs that are available for students in kindergarten
through grade 12, including programs sponsored by the Boys and
Girls Clubs of America, the Boy Scouts of America, the Girl
Scouts of America, YMCAs, and athletic and other programs
operated by public schools and other State and local agencies.
(2) For 15 communities selected to represent a variety of
regional, population, and demographic profiles, a detailed
analysis of all of the after-school programs that are available
for students in kindergarten through grade 12, including
programs sponsored by the Boys and Girls Clubs of America, the
Boy Scouts of America, the Girl Scouts of America, YMCAs,
mentoring programs, athletic programs, and programs operated by
public schools, churches, day care centers, parks, recreation
centers, family day care, community organizations, law
enforcement agencies, service providers, and for-profit and
nonprofit organizations.
(3) For each State, a description of significant areas of
unmet need in the quality and availability of after-school
programs.
(4) For each State, a description of barriers which prevent
or deter the participation of children in after-school
programs.
(5) For each State, a description of barriers to improving
the quality and availability of after-school programs.
(6) A list of activities, other than after-school programs,
in which students in kindergarten through grade 12 participate
when not in school, including jobs, volunteer opportunities,
and other non-school affiliated programs.
(7) An analysis of the value of the activities listed
pursuant to paragraph (6) to the well-being and educational
development of students in kindergarten through grade 12. | After-School Children's Education (ACE) Act - Amends the Child Care and Development Block Grant Act of 1990 to provide for grants, a national clearinghouse, and a report to improve the quality and availability of after-school programs.
(Sec. 3) Increases the amount authorized to be appropriated for child care programs under the Act. Requires States to use at least one percent of each fiscal year's funds, in coordination with child care resource and referral centers to the extent practicable, for activities designed to improve the quality and availability of after-school programs, including: (1) informational assistance; (2) coordination of after-school programs; (3) development of innovative, age-appropriate, age-appealing, and enriching after-school programs; or (4) development of creative funding strategies to make after-school programs affordable for all parents.
(Sec. 4) Directs the Secretary of Health and Human Services, through the Commissioner on Children, Youth, and Families, to establish a clearinghouse for after-school program technical assistance and models. Requires the clearinghouse to be available to the public, including via Internet.
(Sec. 5) Directs the General Accounting Office to report to the Congress on after-school programs in each State: (1) describing types of programs, unmet needs, and barriers to participation, quality, and improvement; and (2) analyzing in detail such programs in 15 communities selected to represent a variety of regional, population, and demographic profiles. Includes among after-school programs in such report those sponsored by the Boys and Girls Clubs of America, the Boy Scouts of America, the Girl Scouts of America, YMCAs, and athletic and other programs operated by public schools and other State and local agencies. | {"src": "billsum_train", "title": "After-School Children's Education (ACE) Act"} | 1,313 | 380 | 0.654929 | 2.209956 | 0.765558 | 5.816619 | 3.744986 | 0.945559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Home Design Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Accessible.--The term ``accessible'' (except when used
in the context of accessible format) means--
(A) consistent with--
(i) subpart D of part 36 of title 28, Code
of Federal Regulations (or any corresponding
similar regulation or ruling); and
(ii) appendices B and D to part 1191 of
title 36, Code of Federal Regulations (or any
corresponding similar regulation or ruling);
and
(B) independently usable by individuals with
disabilities, including those who use a mobility device
such as a wheelchair.
(2) Access board.--The term ``Access Board'' means the
Architectural and Transportation Barriers Compliance Board
established under section 502 of the Rehabilitation Act of 1973
(29 U.S.C. 792).
(3) Covered dwelling unit.--The term ``covered dwelling
unit'' means a dwelling unit that--
(A) is a detached single family house, a townhouse
or multi-level dwelling unit (whether detached or
attached to other units or structures), or a ground-
floor unit in a building of not more than 3 dwelling
units;
(B) is designed as, or intended for occupancy as, a
residence;
(C)(i) was designed, constructed, or commissioned,
contracted, or otherwise arranged for construction, by
a person or entity who, at any time before the design
or construction, received or was guaranteed Federal
financial assistance for any program or activity;
(ii) is purchased by a person or entity using
amounts that are provided or guaranteed under a program
that provides Federal financial assistance for
homeownership; or
(iii) is offered for purchase by a person or entity
using amounts that are provided or guaranteed under a
program that provides Federal financial assistance for
homeownership; and
(D) is made available for first occupancy after the
expiration of the 30-month period beginning on the date
of the enactment of this Act.
(4) Department.--The term ``Department'' means the
Department of Housing and Urban Development.
(5) Federal financial assistance.--The term ``Federal
financial assistance'' means--
(A) any assistance that is provided or otherwise
made available by the Federal National Mortgage
Association, the Federal Home Loan Mortgage
Corporation, any Federal Home Loan Bank, the Secretary
of Housing and Urban Development, the Secretary of
Veterans Affairs, or any program or activity of the
Department of Housing and Urban Development or the
Department of Veterans Affairs, through any grant,
loan, insurance, guarantee, contract, or any other
arrangement, after the expiration of the 1-year period
beginning on the date of the enactment of this Act,
including--
(i) a grant, subsidy, or any other funds;
(ii) real or personal property or any
interest in or use of such property,
including--
(I) transfers or leases of the
property for less than the fair market
value or for reduced consideration; and
(II) proceeds from a subsequent
transfer or lease of the property if
the Federal share of the fair market
value is not returned to the Federal
Government;
(iii) any tax credit, mortgage or loan
guarantee, or insurance; and
(iv) community development funds in the
form of obligations guaranteed under section
108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308); and
(B) any assistance that is provided or otherwise
made available by the Secretary of Agriculture under
title V of the Housing Act of 1949 (42 U.S.C. 1471 et
seq.).
(6) Individual with a disability.--The term ``individual
with a disability'' means an individual with a disability, as
defined in section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102).
(7) Individuals with disabilities.--The term ``individuals
with disabilities'' means more than 1 individual with a
disability.
(8) Person or entity.--The term ``person or entity''
includes 1 or more individuals, corporations (including not-
for-profit corporations), partnerships, associations, labor
organizations, legal representatives, mutual corporations,
joint-stock companies, trusts, unincorporated associations,
trustees, trustees in cases under title 11 of the United States
Code, receivers, and fiduciaries.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(10) Universal home design.--The term ``universal home
design'' means the inclusion of architectural and other
landscaping features that allow basic access to and within a
residential dwelling by an individual with a disability who
cannot climb stairs, including an individual who uses a
mobility device such as a wheelchair.
SEC. 3. ESTABLISHMENT OF UNIVERSAL HOME DESIGN GUIDELINES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Access Board, in consultation with the
Secretary, shall develop and issue guidelines setting forth the minimum
technical criteria and scoping requirements for a covered dwelling unit
to be in compliance with universal home design under this Act.
(b) Universal Home Design Features Covered.--The guidelines
required to be developed and issued under subsection (a) shall include,
at a minimum, basic access to a covered dwelling unit and to not less
than 1 level within such covered dwelling unit, including--
(1) an accessible entrance located on an accessible path
from the public street or driveway;
(2) accessible interior doors with sufficient clear width
and accessible thresholds;
(3) accessible environmental controls on the wall;
(4) at least 1 accessible indoor room that has an area of
not less than 70 square feet and contains no side or dimension
narrower than 7 feet;
(5) an accessible bathroom with--
(A) an accessible sink and toilet; and
(B) reinforced walls that permit the installation
of grab bars; and
(6) a kitchen space--
(A) with accessible food preparation, washing, and
storage areas; and
(B) that can easily be further adapted to
accommodate an individual with a disability.
(c) Regulations.--Not later than 6 months after the date on which
the guidelines are issued under subsection (a), the Secretary shall
issue regulations, in an accessible format--
(1) to carry out the provisions of this Act; and
(2) that include accessibility standards that are
consistent with the guidelines issued under subsection (a).
(d) Review and Amendment.--
(1) Access board.--The Access Board, in consultation with
the Secretary, shall--
(A) periodically review and, as appropriate, amend
the guidelines issued under subsection (a); and
(B) issue such amended guidelines as revised
guidelines.
(2) Secretary.--Not later than 6 months after the date on
which revised guidelines are issued under paragraph (1)(B), the
Secretary shall issue revised regulations that are consistent
with such revised guidelines.
SEC. 4. USE OF UNIVERSAL HOME DESIGN GUIDELINES IN NEW CONSTRUCTION.
It shall be unlawful for any person described in clauses (i), (ii),
and (iii) of section 2(3)(C), with respect to a covered dwelling unit,
to fail to ensure that the covered dwelling unit complies with the
universal home design guidelines established under section 3.
SEC. 5. ENFORCEMENT.
(a) Requirement for Federal Financial Assistance.--Each applicant
for Federal financial assistance that is to be used for a covered
dwelling unit shall submit to the agency providing such Federal
financial assistance an assurance, at such time and in such manner as
the head of the agency may require, verifying that the applicant is in
compliance with the universal home design guidelines established under
section 3 with respect to the covered dwelling unit.
(b) Civil Action for Private Persons.--Any person aggrieved by an
act or omission that is unlawful under section 3 or 4 may commence a
civil action in an appropriate United States district court against any
person or entity responsible for any part of the design, construction,
or sale of a covered dwelling unit.
(c) Enforcement by Attorney General.--Whenever the Attorney General
has reasonable cause to believe that any person or group of persons has
violated section 3 or 4, the Attorney General may commence a civil
action in any appropriate United States district court. The Attorney
General may also, upon timely application, intervene in any civil
action brought under subsection (b) by a private person if the Attorney
General certifies that the case is of general public importance.
(d) Relief.--In any civil action brought under subsection (b) or
(c), if the court finds that a violation of section 3 or 4 of this Act
has occurred or is about to occur, it may award to the plaintiff actual
and punitive damages, and may grant as relief, as the court finds
appropriate, any permanent or temporary injunction, temporary
restraining order, or other order (including an order enjoining the
defendant from violating section 3 or 4 of this Act or ordering such
affirmative action as may be appropriate).
(e) Attorney's Fees.--In any civil action brought under subsection
(b) or (c), the court, in its discretion, may allow the prevailing
party, other than the United States, a reasonable attorney's fee and
costs.
(f) Violations.--For purposes of this section, a violation
involving a covered dwelling unit that is not designed or constructed
in conformity with the universal home design guidelines established
under section 3 shall not be considered to terminate until the
violation is corrected.
SEC. 6. OFFICE OF ACCESSIBLE HOUSING AND DEVELOPMENT.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall establish in the Department
an Office of Accessible Housing and Development.
(b) Director.--The Office of Accessible Housing and Development
shall be headed by a Director of Accessible Housing and Development,
who shall be--
(1) appointed by the Secretary;
(2) an individual with substantial knowledge of individuals
with disabilities and universal design; and
(3) responsible for implementing the responsibilities
described in subsection (c).
(c) Responsibilities.--
(1) Information dissemination.--The Office of Accessible
Housing and Development shall disseminate information to inform
the public about the importance of universal home design by--
(A) sharing information and resources about the
requirements under this Act, the Fair Housing Act (42
U.S.C. 3601 et seq.), section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794), and the Americans with
Disabilities Act (42 U.S.C. 12101 et seq.); and
(B) creating a website in accordance with section
508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d)
to facilitate the dissemination of information and
resources under subparagraph (A).
(2) Surveying the availability of affordable and accessible
housing.--Not later than 180 days after the date of enactment
of this Act, the Office of Accessible Housing and Development
shall conduct a study and submit to the Secretary a report on
the number of covered dwelling units and other housing units
that are accessible to individuals with disabilities in each
State, disaggregated by type of housing, cost, and location.
(3) Promoting universal home design.--The Office of
Accessible Housing and Development shall--
(A) help monitor progress and compliance with the
universal home design guidelines established under
section 3;
(B) submit to the Secretary an annual report
detailing compliance with the universal home design
guidelines established under section 3, including the
number of covered dwelling units that were built in
each State that were in compliance with such
guidelines;
(C) coordinate with, and provide technical
assistance to, the Department of Justice to assist in
the enforcement of this Act; and
(D) perform any other duties as the Secretary may
determine appropriate.
SEC. 7. SEVERABILITY.
If any provision of this Act of the application thereof to any
person or circumstances is held invalid, the remainder of the Act and
the application of the provision to other persons not similarly
situated shall not be affected thereby. | Universal Home Design Act of 2014 - Requires the Architectural and Transportation Barriers Compliance Board (Access Board) to develop guidelines setting forth the minimum technical criteria and scoping requirements for certain federally assisted single family houses, townhouses, and other specified kinds of dwelling to comply with universal home design. Requires universal home design to include architectural and other landscaping features that allow basic access to and within a residential dwelling by an individual with a disability who cannot climb stairs, including an individual who uses a mobility device such as a wheelchair. Requires each applicant for such federal financial assistance to submit compliance assurances to the relevant federal agency. Permits: (1) private civil actions in a U.S. district court for violations of this Act, and (2) the Attorney General to commence civil actions or intervene in civil actions under it. Directs the Secretary of Housing and Urban Development (HUD) to establish an Office of Accessible Housing and Development to: (1) disseminate information to the public about the importance of universal home design, including through a website; (2) survey and report to the Secretary on the availability of affordable and accessible housing; and (3) promote universal home design. | {"src": "billsum_train", "title": "Universal Home Design Act of 2014"} | 2,666 | 251 | 0.527185 | 1.582076 | 0.808702 | 3.969027 | 11.154867 | 0.89823 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Tax Modernization Act
of 2008''.
SEC. 2. STANDARD DEDUCTION FOR BUSINESS USE OF HOME.
(a) In General.--Subsection (c) of section 280A of the Internal
Revenue Code of 1986 (relating to disallowance of certain expenses in
connection with business use of home, rental of vacation homes, etc.)
is amended by adding at the end the following new paragraph:
``(7) Standard home office deduction.--
``(A) In general.--In the case of an individual who
is allowed a deduction for the use of a home office
because of a use described in paragraphs (1), (2), or
(4) of this subsection, notwithstanding the limitations
of paragraph (5), if such individual elects the
application of this paragraph for the taxable year,
such individual shall be allowed a deduction equal to
the standard home office deduction for the taxable year
in lieu of the deductions otherwise allowable under
this chapter for such taxable year by reason of being
attributed to such use.
``(B) Standard home office deduction.--For purposes
of this paragraph, the standard home office deduction
is the lesser of--
``(i) $2,000, or
``(ii) the gross income derived from the
individual's trade or business for which such
use occurs.
``(C) Inflation adjustment.--In the case of any
taxable year beginning in a calendar year after 2008,
the dollar amount in subparagraph (B)(i) shall be
increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `2007' for `1992' in
subparagraph (B) thereof.
Any increase determined under the preceding sentence
shall be rounded to the nearest multiple of $100.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 3. DE MINIMIS EXCEPTION TO EXCLUSIVE USE REQUIREMENT.
(a) In General.--Subsection (c) of section 280A of the Internal
Revenue Code of 1986 (relating to disallowance of certain expenses in
connection with business use of home, rental of vacation homes, etc.)
is amended by redesignating paragraphs (5) and (6) as paragraphs (6)
and (7), respectively, and by inserting after paragraph (4) the
following new paragraph:
``(5) De minimis nonbusiness use.--In applying paragraph
(1), personal use shall not be taken into account if such use
is so small as to make accounting for it unreasonable or
administratively impracticable.''.
(b) Conforming Amendment.--Subparagraph (A) of section 280A(d)(4)
of such Code is amended by striking ``subsection (c)(5)'' and inserting
``subsection (c)(6)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 4. REMOVAL OF CELLULAR TELEPHONES AND SIMILAR TELECOMMUNICATIONS
EQUIPMENT FROM LISTED PROPERTY.
(a) In General.--Subparagraph (A) of section 280F(d)(4) of the
Internal Revenue Code of 1986 (defining listed property) is amended by
adding ``and'' at the end of clause (iv), by striking clause (v), and
by redesignating clause (vi) as clause (v).
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2007.
SEC. 5. NONRESIDENT ALIENS PERMITTED TO BE S CORPORATION SHAREHOLDERS.
(a) In General.--Paragraph (1) of section 1361(b) of the Internal
Revenue Code of 1986 (defining an S corporation) is amended by adding
``and'' at the end of subparagraph (B), by striking subparagraph (C),
and by redesignating subparagraph (D) as subparagraph (C).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 6. INCREASED DEDUCTION OF BUSINESS MEALS AND ENTERTAINMENT
EXPENSES FOR QUALIFIED SMALL BUSINESSES.
(a) In General.--Subsection (n) of section 274 of the Internal
Revenue Code of 1986 (relating to only 50 percent of meal and
entertainment expenses allowed as deduction) is amended by adding at
the end the following new paragraph:
``(4) Special rule for small businesses.--
``(A) In general.--In the case of a qualified small
business, paragraph (1) shall be applied--
``(i) by substituting `75 percent' for `50
percent' in the case of taxable years beginning
in 2008, and
``(ii) by substituting `80 percent' for `50
percent' in the case of taxable years beginning
after 2008.
``(B) Qualified small business.--For purposes of
subparagraph (A), the term `qualified small business'
means, with respect to any taxable year--
``(i) any corporation or partnership which
meets the gross receipts test of section 448(c)
for the preceding taxable year, and
``(ii) any sole proprietorship which would
meet such test if such proprietorship were a
corporation.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 7. RECOVERY PERIOD FOR DEPRECIATION OF CERTAIN SYSTEMS INSTALLED
IN NONRESIDENTIAL AND RESIDENTIAL RENTAL BUILDINGS.
(a) 20-Year Recovery Period for Highly Efficient HVAC&R
Equipment.--Subparagraph (F) of section 168(e)(3) of the Internal
Revenue Code of 1986 (relating to 20-year property) is amended to read
as follows:
``(F) 20-year property.--The term `20-year
property' means--
``(i) initial clearing and grading land
improvements with respect to any electric
utility transmission and distribution plant,
and
``(ii) any property--
``(I) which is part of a heating,
ventilation, air conditioning, or
commercial refrigeration system,
``(II) which exceeds by at least 10
percent the applicable minimum
performance standard for such system or
component under the National Appliance
Energy Conservation Act of 1987, the
Energy Policy Act of 2005, or the
American Society of Heating,
Refrigerating and Air-conditioning
Engineers Standard 90.1,
``(III) which is installed on or in
a building which is nonresidential real
property or residential rental
property,
``(IV) the original use of which
commences with the taxpayer (the owner
or lessor in the case of residential
rental property), and
``(V) which is placed in service
before January 1, 2012.''.
(b) 25-Year Recovery Period for Certain Other HVAC&R Equipment.--
Section 168(e)(3) of such Code is amended by inserting after
subparagraph (F) the following new subparagraph:
``(G) 25-year property.--The term `25-year
property' means any property--
``(i) which is part of a heating,
ventilation, air conditioning, or commercial
refrigeration system,
``(ii) which is not described in
subparagraph (F),
``(iii) which is installed on or in a
building which is nonresidential real property
or residential rental property,
``(iv) the original use of which commences
with the taxpayer (the owner or lessor in the
case of residential rental property), and
``(v) which is placed in service before
January 1, 2012.''.
(c) Conforming Amendments.--
(1) The table contained in section 168(c) of such Code is
amended by inserting after the item relating to 20-year
property the following new item:
``25-year property........................... 25 years''.
(2) The table contained in section 467(e)(3)(A) of such
Code is amended by inserting after the item relating to
residential rental property and nonresidential real property
the following new item:
``25-year property........................... 25 years''.
(d) Requirement To Use Straight Line Method.--Paragraph (3) of
section 168(b) of such Code (relating to property to which straight
line method applies) is amended by redesignating subparagraphs (F),
(G), and (H) as subparagraphs (G), (H), and (I), respectively, and by
inserting after subparagraph (E) the following new subparagraph:
``(F) Property described in subsection (e)(3)(F)(ii) and
subsection (e)(3)(G).''.
(e) Alternative System.--The table contained in section
168(g)(3)(B) of such Code is amended by striking the item relating to
subparagraph (F) and inserting the following new items:
``(F)(i)..................................... 25
(F)(ii)...................................... 20
(G).......................................... 25''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2007. | Small Business Tax Modernization Act of 2008 - Amends Internal Revenue Code provisions affecting small business taxpayers to: (1) allow an alternative standard tax deduction for the business use of a personal residence and establish a de minimis standard for determining personal use; (2) repeal restrictions on the depreciation deduction for cellular telephones and similar telecommunications equipment; (3) allow nonresident aliens to be S corporation shareholders; (4) increase the limit on the tax deduction for business meals and entertainment expenses; and (5) allow accelerated depreciation for energy-efficient heating, ventilation, air conditioning, or commercial refrigeration systems installed in nonresidential and residential rental buildings before January 1, 2012. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to simplify the deduction for business use of the home and to make other changes affecting small businesses."} | 2,177 | 146 | 0.456437 | 1.190227 | 0.67959 | 2.71875 | 14.796875 | 0.859375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Affordable Health Care
Act of 2008''.
SEC. 2. COMMISSION ON AFFORDABLE HEALTH CARE.
(a) Establishment of Commission.--
(1) Establishment.--There is established in the legislative
branch a commission to be known as the ``Commission on
Affordable Health Care'' (in this section referred to as the
``Commission'').
(2) Duties.--The Commission shall conduct a comprehensive
study of potential models for a health care system to provide
affordable (as determined by the Commission) and quality health
care to all citizens of the United States and based on such
study shall make recommendations for implementing such a
system, including recommendations for the role of and
relationships between the Federal government, State
governments, health care providers, and other appropriate
health care industry entities in providing such health care
under such a system.
(3) Applicability of certain administrative laws.--
(A) FOIA.--The provisions of section 552 of title
5, United States Code (commonly referred to as the
``Freedom of Information Act''), shall apply to the
activities of the Commission under this section.
(B) Federal records act.--The provisions of title
44, United States Code, shall apply to the records,
documents, and other papers of the Commission under
this section.
(b) Structure and Membership of the Commission.--
(1) Number and appointment.--The Commission shall be
composed of not more than 19 members and shall include at least
the following:
(A) The Chairman of the Committee on Energy and
Commerce of the House of Representatives.
(B) The Chairman of the Committee on Ways and Means
of the House of Representatives.
(C) The Chairman of the Committee on Finance of the
Senate.
(D) The Chairman of the Committee on Health,
Education, Labor, and Pensions of the Senate.
(E) One representative for each of the following
interested entities:
(i) Patient advocates.
(ii) Hospitals.
(iii) Physicians.
(iv) Medical devices.
(v) Pharmaceutical companies.
(vi) Nurses.
(vii) The National Governors Association.
(viii) The Department of Health and Human
Services.
(ix) The White House.
(x) Labor unions.
(xi) The Chamber of Commerce.
(xii) Any other appropriate interested
entity identified by the co-chairmen of the
Commission.
(2) Co-chairmen of the commission.--The co-chairmen of the
Commission shall include only each chairman described in each
of subparagraphs (A) through (D) of paragraph (1).
(3) Continuation of membership.--If a member was appointed
to the Commission as a Member of Congress and the member ceases
to be a Member of Congress, or was appointed to the Commission
because the member was not an officer or employee of any
government and later becomes an officer or employee of a
government, that member may continue as a member for not longer
than the 60-day period beginning on the date that member ceases
to be a Member of Congress, or becomes such an officer or
employee, as the case may be.
(4) Vacancies.--Any vacancy in the Commission shall not
affect its powers, and shall be filled in the same manner in
which the original appointment was made.
(5) Basic pay.--
(A) Rates of pay.--Except as provided in
subparagraph (B), members shall serve without pay.
(B) 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.
(6) Quorum.--Seven members of the Commission shall
constitute a quorum.
(c) Meetings.--
(1) Initial meeting of co-chairmen of commission.--Not
later than the date that is 60 days after the date of the
enactment of this Act, the co-chairmen of the Commission shall
initially meet to--
(A) identify any appropriate interested party to be
included under subsection (b)(1)(E)(ix); and
(B) establish appropriate rules and procedures for
the Commission, including a rule requiring that each
member of the Commission who represents an entity
described in subsection (b)(1)(E) prepare for the
Commission a written proposal that describes the
proposed role of the entity involved in a health system
to ensure the provision of affordable health care under
such system to all citizens of the United States.
(2) General meetings.--The Commission shall meet at the
call of a majority of the co-chairmen of the Commission.
(d) Staff.--
(1) In general.--The Commission may appoint any employee
pursuant to section 3161(b) of title 5, United States Code. The
rate of basic pay for such an employee shall be established
pursuant to section 3161(d)(1) of that title.
(2) Experts and consultants.--The Commission may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code, but at rates for individuals not
to exceed the daily equivalent of the maximum annual rate of
basic pay for GS-3 of the General Schedule.
(3) Staff of federal agencies.--Upon request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this
section.
(e) Powers of the Commission.--
(1) Hearings and session.--The Commission may, for the
purpose of carrying out this section, hold hearings, sit and
act at times and places, take testimony, and receive evidence
as the Commission considers appropriate.
(2) 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.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the Commission, the head of that department or
agency shall furnish that information to the Commission.
(4) Gifts, bequests, and devises.--The Commission may
accept, use, and dispose of gifts, bequests, or devises of
services or property, both real and personal, for the purpose
of aiding or facilitating the work of the Commission. Gifts,
bequests, or devises of money and proceeds from sales of other
property received as gifts, bequests, or devises shall be
deposited in the Treasury and shall be available for
disbursement upon order of the Commission.
(5) 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.
(6) 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 section.
(f) Report; Legislative Proposal.--Not later than two years after
the date of the initial meeting of the co-chairmen of the Commission
described in subsection (c)(1), the Commission shall submit to Congress
a report on the study described in subsection (a)(2) that contains--
(1) a detailed statement of the findings, conclusions, and
recommendations of the Commission, including such
recommendations described in such paragraph; and
(2) a legislative proposal that provides for a health care
system based on the recommendations of the Commission.
(g) Termination.--The Commission, and all the authorities of this
Act, shall terminate 30 days after the date on which the report is
submitted under subsection (f).
(h) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 3. EXPEDITED CONGRESSIONAL CONSIDERATION OF LEGISLATIVE PROPOSAL
FOR HEALTH CARE SYSTEM.
(a) Introduction and Expedited Consideration in the House of
Representatives.--
(1) Introduction in house of representatives.--The
legislative proposal submitted pursuant to section 2(f)(2)
shall be in the form of a joint resolution (in this subsection
referred to as the ``resolution''). Such resolution shall be
introduced in the House of Representatives by the Speaker
immediately upon receipt of the language and shall be referred
non-sequentially to the appropriate committee (or committees)
of the House of Representatives. If the resolution is not
introduced in accordance with the preceding sentence, the
resolution may be introduced by any member of the House of
Representatives.
(2) Committee consideration.--Not later than 15 calendar
days after the introduction of the resolution described in
paragraph (1), each committee of the House of Representatives
to which the resolution was referred shall report the
resolution. The report may include, at the committee's
discretion, a recommendation for action by the House. If a
committee has not reported such resolution (or an identical
resolution) at the end of 15 calendar days after its
introduction or at the end of the first day after there has
been reported to the House a resolution, whichever is earlier,
such committee shall be deemed to be discharged from further
consideration of such resolution and such resolution shall be
placed on the appropriate calendar of the House of
Representatives.
(3) Expedited procedure in house.--Not later than 5
legislative days after the date on which all committees have
been discharged from consideration of a resolution, the Speaker
of the House of Representatives, or the Speaker's designee,
shall move to proceed to the consideration of the resolution.
It shall also be in order for any member of the House of
Representatives to move to proceed to the consideration of the
resolution at any time after the conclusion of such 5-day
period. All points of order against the resolution (and against
consideration of the resolution) are waived. A motion to
proceed to the consideration of the resolution is highly
privileged in the House of Representatives and is not
debatable. The motion is not subject to amendment, to a motion
to postpone consideration of the resolution, or to a motion to
proceed to the consideration of other business. A motion to
reconsider the vote by which the motion to proceed is agreed to
or not agreed to shall not be in order. If the motion to
proceed is agreed to, the House of Representatives shall
immediately proceed to consideration of the resolution without
intervening motion, order, or other business, and the
resolution shall remain the unfinished business of the House of
Representatives until disposed of. A motion to recommit the
resolution shall not be in order. Upon its passage in the
House, the clerk of the House shall provide for its immediate
transmittal to the Senate.
(b) Expedited Consideration in the Senate.--
(1) Referral to committee.--If the resolution is agreed to
by the House of Representatives, upon its receipt in the Senate
the Majority Leader of the Senate, or the Leader's designee,
the resolution shall be referred to the appropriate committee
(or committees) of the Senate.
(2) Committee consideration.--Not later than 15 calendar
days after the referral of the resolution under paragraph (1),
each committee of the Senate to which the resolution was
referred shall report the resolution. The report may include,
at each such committee's discretion, a recommendation for
action by the Senate. If a committee has not reported such
resolution (or an identical resolution) at the end of 15
calendar days after its referral or at the end of the first day
after there has been reported to the Senate a resolution,
whichever is earlier, such committee shall be deemed to be
discharged from further consideration of such resolution and
such resolution shall be placed on the appropriate calendar of
the Senate.
(3) Expedited floor consideration.--Not later than 5
legislative days after the date on which all committees have
been discharged from consideration of a resolution, the
Majority Leader of the Senate, or the Majority Leader's
designee, shall move to proceed to the consideration of the
resolution. It shall also be in order for any member of the
Senate to move to proceed to the consideration of the
resolution at any time after the conclusion of such 5-day
period. All points of order against the resolution (and against
consideration of the resolution) are waived. A motion to
proceed to the consideration of the resolution in the Senate is
privileged and is not debatable. The motion is not subject to
amendment, to a motion to postpone consideration of the
resolution, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the
motion to proceed is agreed to or not agreed to shall not be in
order. If the motion to proceed is agreed to, the Senate shall
immediately proceed to consideration of the resolution without
intervening motion, order, or other business, and the
resolution shall remain the unfinished business of the Senate
until disposed of.
(c) Rules of the Senate and House of Representatives.--This section
is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and is deemed to be
part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House
in the case of a resolution under this subsection, and it
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House. | Commission on Affordable Health Care Act of 2008 - Establishes in the legislative branch the Commission on Affordable Health Care to: (1) conduct a comprehensive study of potential models for a health care system to provide affordable and quality health care to all U.S. citizens; and (2) make recommendations for implementing such a system. Requires the Commission to report to Congress on the study and include a legislative proposal that provides for a health care system based on the recommendations of the Commission. Provides for expedited congressional consideration of such a proposal. | {"src": "billsum_train", "title": "To establish the Commission on Affordable Health Care to study and provide recommendations for establishing a health care system to provide affordable health care to all citizens of the United States and for the roles of certain health care entities in providing such services under such system, and to provide for expedited Congressional consideration of such recommendations."} | 3,004 | 117 | 0.59599 | 1.485166 | 0.667428 | 4.871287 | 28.059406 | 0.970297 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Capitol Expansion and
Improvement Act of 2008''.
SEC. 2. EXPENSING FOR CERTAIN REAL PROPERTY.
(a) In General.--Part VI of subchapter B of chapter 1 is amended by
inserting after section 179E the following new section:
``SEC. 179F. ELECTION TO EXPENSE CERTAIN REAL PROPERTY.
``(a) Treatment as Expenses.--In the case of a taxpayer described
in subsection (e), the taxpayer may elect to treat the cost of any
qualified real property as an expense which is not chargeable to
capital account. Any cost so treated shall be allowed as a deduction
for the taxable year in which the qualified real property is placed in
service.
``(b) Limitation.--
``(1) In general.--The aggregate cost which may be taken
into account under subsection (a) for any taxable year shall
not exceed $125,000.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2009, the $125,000
amount in paragraph (1) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
by substituting `calendar year 2008' for
`calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the nearest multiple of
$1,000.
``(c) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the tax
imposed by this chapter for the taxable year. Such election
shall specify the qualified real property to which the election
applies and shall be made in such manner as the Secretary may
by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(d) Qualified Real Property.--For purposes of this section, the
term `qualified real property' means section 1250 property (as defined
by section 1250(c)) located in the United States--
``(1) the original use of which commences with the
taxpayer, and
``(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(e) Taxpayer Described.--
``(1) In general.--A taxpayer is described in this
subsection if, for the immediately prior taxable year, the
taxpayer (or any predecessor) met the $5,000,000 gross receipts
test of paragraph (2).
``(2) $5,000,000 gross receipts test.--For purposes of
paragraph (1)--
``(A) In general.--A taxpayer meets the $5,000,000
gross receipts test of this paragraph for a taxable
year if the average annual gross receipts of the
taxpayer for the 3-taxable-year period ending with such
taxable year does not exceed $5,000,000.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 or subsection (m) or (o) of section 414 shall be
treated as one person for purposes of subparagraph (A).
``(C) Not in existence for entire 3-year period.--
If the taxpayer was not in existence for the entire 3-
year period referred to in subparagraph (A), such
paragraph shall be applied on the basis of the period
during which the taxpayer (or trade or business) was in
existence.
``(D) Special rules.--For purposes of subparagraph
(A), the rules of paragraph (3) of section 448(c) shall
apply.
``(f) Reporting.--No deduction shall be allowed under subsection
(a) to any taxpayer for any taxable year unless the taxpayer files with
the Secretary a report containing such information as the Secretary
shall require.''.
(b) Conforming Amendments.--
(1) Section 263(a)(1) is amended by striking ``or'' at the
end of subparagraph (K), by striking the period at the end of
subparagraph (L) and inserting ``, or'', and by inserting after
subparagraph (L) the following new subparagraph:
``(M) expenditures for which a deduction is allowed
under section 179F.''.
(2) Section 312(k)(3)(B) is amended by striking ``or 179E''
each place it appears in the heading and text thereof and
inserting ``179E, or 179F''.
(3) The table of sections for part VI of subchapter B of
chapter 1 is amended by inserting after the item relating to
section 179E the following new item:
``Sec. 179F. Election to expense certain real property.''.
(c) Effective Date.--The amendments made by this section shall
apply to costs paid or incurred after the date of the enactment of this
Act. | Small Business Capitol [sic] Expansion and Improvement Act of 2008 - Amends the Internal Revenue Code to allow employers whose average annual gross receipts over a three-year period do not exceed $5 million an election to expense up to $125,000 of the cost of depreciable real property. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow the expensing of certain real property."} | 1,199 | 66 | 0.521531 | 1.220225 | 0.614226 | 1.833333 | 19.666667 | 0.685185 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business High Technology
Entrepreneurship Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The United States is uniquely positioned to benefit
from the development and commercialization of technology
resulting from the development of biosciences, information
technology, and electronic technology.
(2) Advances in biosciences, information technology, and
electronic technology will create new products, services, and
businesses, leading to high paying jobs and economic growth.
(3) Technology networks are becoming necessary tools for
businesses in the United States because of their ability to
efficiently transfer information.
(4) The development of biotechnology has produced processes
such as 3-dimensional volume visualization and advanced signal
processing which will help revolutionize both medical
diagnostics and surgery.
(5) The ability of the electronic industry to rapidly
develop and manufacture measuring devices, sensors,
semiconductors, and other electronic components is an essential
component to providing for the national security of the United
States.
(6) The bioscience, information technology, and electronic
technology sectors of the economy have all produced important
products, services, and businesses.
(7) Building on past gains in these sectors is vital to
growing the United States economy, promoting health, and
increasing educational opportunities.
(b) Purpose.--The purpose of this Act is to enable small business
concerns engaged in biotechnology, computer technology, and electronics
to produce essential new products, businesses, employment
opportunities, and economic growth through technological innovation.
SEC. 3. TECHNOLOGY DIRECT LOAN PILOT PROGRAM.
(a) In General.--The Administrator of the Small Business
Administration may make direct loans under section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) to technology-related small business
concerns located in a technology region.
(b) Special Rules.--Notwithstanding the requirements of section
7(a) of the Small Business Act (15 U.S.C. 636(a)), the following
special rules apply to loans described in subsection (a):
(1) Amount of loans.--The Administrator may make such a
loan to a small business concern if the total amount
outstanding and committed to such concern under subsection (a)
of this section and section 7(a) of the Small Business Act (15
U.S.C. 636(a)) would not exceed $5,000,000.
(2) Technological consultation.--
(A) In general.--In evaluating each application for
such a loan, the Administrator shall consult with, and
give considerable weight to the assessments,
recommendations, and conclusions of, the regional
technology consultant regarding the technological
feasibility and commercial viability of the applicant's
business plan, including any technological research or
development involved in such plan.
(B) Selection of regional technology consultants.--
The Administrator shall select 1 non-profit
organization located in each technology region to serve
as the technology consultant for such region. In
selecting each regional technology consultant, the
Administrator shall ensure that such consultant has
knowledge and experience in evaluating the
technological feasibility and commercial viability of
business plans of technology-related small business
concerns.
(3) Rule for resolving reasonable doubts.--Recognizing that
greater risk may be associated with such loans, any reasonable
doubt regarding the soundness of the applicant's business plan
(including the feasibility and viability of any technological
research or development involved in such plan) or the soundness
of the loan for purposes of section 7(a)(6) of the Small
Business Act (15 U.S.C. 536(a)(6)) shall be resolved in favor
the applicant.
(c) Termination.--The Administrator may not make a loan pursuant to
the special rules of this section after the end of the 2-year period
beginning on the date of the enactment of this Act.
(d) Annual Reports.--In any year during which the Administrator is
authorized to make loans under this section, the Administrator shall
submit to Congress a report regarding the technology direct loan pilot
project conducted under this section. Such report shall include--
(1) a list of the technology-related small business
concerns approved for loans under this section during such year
and the amounts of such loans;
(2) recommendations for legislation that would improve the
pilot project; and
(3) recommendations regarding the expansion of the pilot
project to additional technology regions or for an additional
period of time.
(e) Definitions.--For purposes of this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Small Business Administration.
(2) Regional technology consultant.--The term ``regional
technology consultant'' means the technology consultant
selected by the Administrator under subsection (b)(2)(B) for a
technology region.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3(a) of
the Small Business Act (15 U.S.C. 632(a)).
(4) Technology region.--The term ``technology region''
describes each of the following regions:
(A) Nassau and Suffolk Counties in New York.
(B) Santa Clara and Santa Cruz Counties in
California.
(5) Technology-related small business concern.--The term
``technology-related small business concern'' means any small
business concern primarily engaged in one or any combination of
the following:
(A) Developing, producing, assembling, or
manufacturing electronic components, computer hardware,
or computer software; or
(B) The biotechnology industry. | Small Business High Technology Entrepreneurship Act of 2001 - Authorizes the Administrator of the Small Business Administration (SBA) to make direct loans under the Small Business Act to technology-related small businesses located in a technology region. Allows such a loan if the total amount of SBA loans to such business does not exceed $5 million. Requires the Administrator, in evaluating each loan applicant, to consult with and give considerable weight to the assessments, recommendations, and conclusions of the regional technology consultant regarding the technological feasibility and commercial viability of the applicant's business plan for the use of such funds, including any technological research or development involved. Requires the Administrator to select one nonprofit organization in each technology region to serve as such consultant. | {"src": "billsum_train", "title": "To establish a pilot program under which the Administrator of the Small Business Administration, in consultation with regional technology consultants, may make direct loans to technology-related small business concerns."} | 1,186 | 157 | 0.514034 | 1.50173 | 0.766438 | 3.572464 | 8.050725 | 0.92029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plastics Recycling Act of 2009''.
SEC. 2. PRODUCTION TAX CREDIT FOR CERTAIN RECYCLING ACTIVITIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45R. OIL PRODUCED FROM CERTAIN RECYCLING ACTIVITIES.
``(a) General Rule.--For purposes of section 38, the waste plastic
recycling credit for any taxable year is an amount equal to the product
of--
``(1) 60 cents, multiplied by
``(2) the number of gallons of qualified synthetic oil--
``(A) produced by the taxpayer from qualified
feedstock at a qualified small conversion process
recycling facility during the 10-year period beginning
on the date the facility was originally placed in
service, and
``(B) used or sold by the taxpayer in a trade or
business to an unrelated person during the taxable
year.
``(b) Exception for De Minimis Percentage of Non-Qualifying
Feedstock.--In the case that a producer uses non-qualified feedstock to
produce a gallon (or part thereof) of qualified synthetic oil, the
amount of the credit determined under subsection (a) with respect to
such gallon--
``(1) shall be reduced by an amount equal to the amount of
the credit (determined without regard to this subsection)
multiplied by the percentage of non-qualifying feedstock used
in the production of such gallon, and
``(2) if the percentage of non-qualifying feedstock so used
is greater than 15 percent, the credit determined under
subsection (a) with respect to such gallon shall be zero.
``(c) Definitions.--For purposes of this section--
``(1) Qualified synthetic oil.--The term `qualified
synthetic oil' means oil derived from eligible feedstocks and
which has a minimum market value of 90 percent of crude oil,
represented by the New York Mercantile Exchange front-month
contract quoted at the time of sale.
``(2) Qualified small conversion process recycling
facility.--The term `qualified small conversion process
recycling facility' means any facility which--
``(A) is owned by the taxpayer,
``(B) is originally placed in service after the
date of the enactment of this section and before
January 1, 2015, and
``(C) has a maximum daily production capacity of
not more than 2,000 barrels of qualified synthetic oil.
``(3) Eligible feedstock.--The term `eligible feedstock'
means post-consumer and post-industrial waste plastics.
``(4) Plastic.--The term `plastic' means any material that
is derived from one or more of the categories of materials in
the resin identification system developed by the Society of the
Plastics Industry (SPI) in 1988.
``(d) Applicable Rules.--For purposes of this section, rules
similar to the rules of paragraphs (1), (3), (4), and (5) of section
45(e) shall apply.
``(e) Denial of Double Benefit.--A credit shall not be allowed
under section 40, 40A, or 6426 with respect to any fuel for which a
credit is allowed under this section.
``(f) Coordination With Department of Treasury Grants.--In the case
of any taxpayer with respect to whom the Secretary makes a grant under
section 3 of the Plastics Recycling Act of 2009 with respect to any
oil--
``(1) Denial of credits.--No credit with respect to such
oil shall be determined under this section or section 40, 40A,
or 6426 for the taxable year in which such grant is made or any
subsequent taxable year.
``(2) Recapture of credits made before grant.--If a credit
was determined under this section with respect to such oil for
any taxable year ending before such grant is made--
``(A) the tax imposed under subtitle A on the
taxpayer for the taxable year in which such grant is
made shall be increased by so much of such credit as
was allowed under section 38,
``(B) the general business carryforwards under
section 39 shall be adjusted so as to recapture the
portion of such credit which was not so allowed, and
``(C) the amount of such grant shall be determined
without regard to any reduction in the basis of such
property by reason of such credit.
``(3) Treatment of grants.--Any such grant shall not be
includible in the gross income of the taxpayer.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code (defining 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 waste plastic recycling credit determined under
section 45R(a).''.
(c) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45R. Oil produced from certain recycling activities.''.
(d) Effective Date.--The amendments made by this section shall
apply to oil produced after the date of enactment of this Act.
SEC. 3. GRANTS FOR OIL PRODUCED FROM CERTAIN RECYCLING ACTIVITIES IN
LIEU OF TAX CREDITS.
(a) In General.--Upon application, the Secretary of the Treasury
(or the Secretary's delegate) shall make a grant to each person to whom
the waste plastic recycling credit determined under section 45R of the
Internal Revenue Code of 1986 is allowable for the taxable year in
which the grant is made.
(b) Grant Determination.--The grant under subsection (a) shall be
determined in the same manner as the credit is determined under section
45R of the Internal Revenue Code of 1986 (determined without regard to
section 38(c) of such Code) for the taxable year in which the grant is
made.
(c) Exception for Certain Non-Taxpayers.--The Secretary of the
Treasury shall not make any grant under this section to--
(1) any Federal, State, or local government (or any
political subdivision, agency, or instrumentality thereof),
(2) any organization described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code,
(3) any entity referred to in paragraph (4) of section
54(j) of such Code, or
(4) any partnership or other pass-thru entity any partner
(or other holder of an equity or profits interest) of which is
described in paragraph (1), (2) or (3).
(d) Appropriations.--For purposes of section 1324(b) of title 31,
United States Code, a grant under this section shall be treated as a
credit provision described in paragraph (2) of such section. | Plastics Recycling Act of 2009 - Amends the Internal Revenue Code to allow a business-related tax credit equal to 60 cents per gallon of qualified synthetic oil produced from recycled waste plastics. Defines "qualified synthetic oil" as oil derived from post-consumer and post-industrial waste plastics and which has a minimum market value of 90% of crude oil.
Directs the Secretary of the Treasury to make grants to persons eligible for the waste plastic recycling tax credit provided by this Act in lieu of such credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a tax credit for producing oil from recycled waste."} | 1,623 | 113 | 0.572062 | 1.384557 | 0.754136 | 3.397959 | 14.94898 | 0.887755 |
SECTION. 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Temporary Medicaid
Disaster Relief Act of 2005''.
(b) Purpose.--The purpose of this Act is to ensure all those
affected by Hurricane Katrina have access to health coverage and
medical care through the medicaid program and to authorize temporary
changes in such program to guarantee and expedite that coverage and
access to care.
SEC. 2. DISASTER RELIEF PERIOD.
For purposes of this Act, the term ``disaster relief period'' means
the period beginning on August 29, 2005, and ending on September 30,
2006.
SEC. 3. TEMPORARY MEDICAID COVERAGE FOR KATRINA SURVIVORS.
(a) Definitions.--In this Act:
(1) Katrina survivor.--
(A) In general.--The term ``Katrina Survivor''
means an individual who is described in subparagraph
(B) or (C).
(B) Residents of disaster localities.--
(i) In general.--An individual who, on any
day during the week preceding the declaration
of a public health emergency on August 29,
2005, had a residence in--
(I) a parish in the State of
Louisiana that is among the parishes
that the Federal Emergency Management
Agency of the Emergency Preparedness
and Response Directorate of the
Department of Homeland Security
declared on September 4, 2005, to be
Federal Disaster Parishes; or
(II) a county in the State of
Alabama or Mississippi that is among
the counties such Agency declared
Federal Disaster Counties on September
4, 2005.
(ii) Authority to rely on website posted
designations.--The Secretary of Health and
Human Services shall post on the Internet
website for the Centers for Medicare & Medicaid
Services a list of parishes and counties
identified as Federal Disaster Parishes or
Counties. Any State which provides medical
assistance to Katrina Survivors on the basis of
such posting and in accordance with this Act
shall be held harmless if it is subsequently
determined that the provision of such
assistance was in error.
(C) Individuals who lost employment.--An individual
who, on any day during the week preceding the
declaration of a public health emergency on August 29,
2005, had a residence in a direct impact State and lost
their employment since Hurricane Katrina.
(D) Construction.--A Katrina Survivor shall be
treated as being ``from'' the State of residence
described in subparagraph (B)(i) or (C), as the case
may be.
(E) Treatment of current medicaid beneficiaries.--
Nothing in this Act shall be construed as preventing an
individual who is otherwise entitled to medical
assistance under title XIX of the Social Security Act
from being treated as a Katrina Survivor under this
Act.
(F) Treatment of homeless persons.--For purposes of
this Act, in the case of an individual who was homeless
on any day during the week described in subparagraph
(B)(i), the individual's ``residence'' shall be deemed
to be the place of residence as otherwise determined
for such an individual under title XIX of the Social
Security Act.
(2) Direct impact state.--The term ``direct impact State''
means the State of Louisiana, Alabama, and Mississippi.
(b) Rules for Providing Temporary Medical Assistance to Katrina
Survivors.--During the disaster relief period, any State may provide
medical assistance to Katrina Survivors under a State medicaid plan
established under title XIX of the Social Security Act in accordance
with the following:
(1) Uniform eligibility rules.--
(A) No income, resources, residency, or categorical
eligibility requirements.--Such assistance shall be
provided without application of any income or resources
test, State residency, or categorical eligibility
requirements.
(B) Streamlined eligibility procedures.--The State
shall use the following streamlined procedures in
processing applications and determining eligibility for
medical assistance for Katrina Survivors:
(i) A common 1-page application form
developed by the Secretary of Health and Human
Services in consultation with the National
Association of State Medicaid Directors. Such
form shall include notice regarding the
penalties for making a fraudulent application
under paragraph (4) and shall require the
applicant to assign to the State any rights of
the applicant (or any other person who is a
Katrina Survivor and on whose behalf the
applicant has the legal authority to execute an
assignment of such rights) under any group
health plan or other third-party coverage for
health care.
(ii) Self-attestation by the applicant that
the applicant is a Katrina Survivor.
(iii) No requirement for documentation
evidencing the basis on which the applicant
qualifies to be a Katrina Survivor.
(iv) Issuance of a Medicaid eligibility
card to an applicant who completes such
application, including the self-attestation
required under clause (ii). Such card shall be
valid during the disaster relief period.
(v) If an applicant completes the
application and presents it to a provider or
facility participating in the State medicaid
plan that is qualified to make presumptive
eligibility determinations under such plan
(which at a minimum shall consist of facilities
identified in section 1902(a)(55) of the Social
Security Act (42 U.S.C. 1396a(a)(55)) and it
appears to the provider that the applicant is a
Katrina Survivor based on the information in
the application, the applicant will be deemed
to be a Katrina Survivor eligible for medical
assistance in accordance with this section,
subject to paragraph (3).
(vi) Continuous eligibility, without the
need for any redetermination of eligibility,
for the duration of the disaster relief period.
(C) Determination of eligibility for coverage after
the termination of the disaster relief period.--In the
case of a Katrina Survivor who is receiving medical
assistance from a State, prior to the termination of
the disaster relief period, the State providing such
assistance shall determine whether the Katrina Survivor
is eligible for continued medical assistance under the
State's eligibility rules otherwise applicable under
the State medicaid plan. If a State determines that the
individual is so eligible, the State shall provide the
individual with written notice of the determination and
provide the individual with continued coverage for such
medical assistance for so long as the individual
remains eligible under such otherwise applicable
eligibility rules. If a State determines that the
individual is not so eligible, the State shall provide
the individual with written notice of the
determination, including the reasons for such
determination.
(2) Scope of coverage same as categorically needy.--The
State shall treat Katrina Survivors as individuals eligible for
medical assistance under the State plan under title XIX of the
Social Security Act on the basis of section 1902(a)(10)(A)(i)
of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i)), with
coverage for such assistance retroactive to August 29, 2005.
(3) Verification of status as a katrina survivor.--
(A) In general.--The State shall make a good faith
effort to verify the status of a Katrina Survivor
enrolled in the State Medicaid plan under the
provisions of this section after the determination of
the eligibility of the Survivor for medical assistance
under such plan.
(B) Evidence of verification.--A State may satisfy
the verification requirement under subparagraph (A)
with respect to a Katrina Survivor by showing that the
State providing medical assistance obtained information
from the Social Security Administration, the Internal
Revenue Service, or the State Medicaid Agency of the
direct impact State.
(C) Disallowance of payments for failure to make
good faith effort.--If, with respect to the status of a
Katrina Survivor enrolled in a State Medicaid plan, the
State fails to make the good faith effort required
under subparagraph (A), and the Secretary determines
that the individual so enrolled is not a Katrina
Survivor, the Secretary shall disallow all Federal
payments made to the State that are directly
attributable to medical assistance provided or
administrative costs incurred with respect to the
individual during the disaster relief period.
(4) Penalty for fraudulent applications.--
(A) Individual liable for costs.--If a State, as
the result of verification activities conducted under
paragraph (3), determines after a fair hearing that an
individual has knowingly made a false self-attestation
described in paragraph (1)(B)(ii), the State may,
subject to subparagraph (B), seek recovery from the
individual for the full amount of the cost of medical
assistance provided to the individual under this
section.
(B) Exception.--The Secretary shall exempt a State
from seeking recovery under subparagraph (A) if the
Secretary determines that it would not be cost-
effective for the State to do so.
(C) Reimbursement to the federal government.--Any
amounts recovered by a State in accordance with this
paragraph shall be returned to the Federal government,
except that a State's administrative costs attributable
to obtaining such recovery shall be reimbursed by the
Federal government in accordance with section 4(a)(2).
(5) Exemption from error rate penalties.--All payments
attributable to providing medical assistance to Katrina
Survivors in accordance with this section shall be disregarded
for purposes of section 1903(u) of the Social Security Act.
SEC. 4. TEMPORARY DISASTER RELIEF FOR STATES UNDER MEDICAID.
(a) Increase in Federal Matching Rate.--
(1) 100 percent fmap for medical assistance.--
Notwithstanding section 1905(b) of the Social Security Act (42
U.S.C. 1396d(b)), the Federal medical assistance percentage for
providing medical assistance under a State medicaid plan under
title XIX of such Act to Katrina Survivors or, in the case of a
direct impact State, to any individual who is provided medical
assistance under the State medicaid plan during the disaster
relief period, shall be 100 percent.
(2) 100 percent federal match for certain administrative
costs.--Notwithstanding paragraph (7) of section 1903(a) of
such Act (42 U.S.C. 1396b(a)), or any other paragraph of such
section, the Federal matching rate for costs directly
attributable to all administrative activities that relate to
the enrollment of Katrina Survivors under section 3 in a State
medicaid plan, verification of the status of such Survivors,
processing of claims for payment for medical assistance
provided to such Survivors under such section, and recovery
costs under section 3(b)(4)(C), shall be 100 percent. The
Secretary shall issue guidance not later 30 days after the date
of enactment of this Act on the implementation of this
paragraph.
(b) Limitation on Reduction of FMAP for Fiscal Year 2006 for Any
State.--If the Federal medical assistance percentage (as defined in
section 1905(b) of the Social Security Act) determined for a State for
fiscal year 2006 is less than the Federal medical assistance percentage
determined for the State for fiscal year 2005, the Federal medical
assistance percentage for the State for fiscal year 2005 shall apply to
the State for fiscal year 2006 only for purposes of title XIX of the
Social Security Act.
(c) Temporary Suspension of Medicare ``Clawback'' and Postponement
of Cut-Off of Medicaid Prescription Drug Funding in Affected States.--
(1) Suspension in application of ``clawback''.--Section
1935(c) of the Social Security Act (42 U.S.C. 1396u-5(c)) shall
not apply, subject to paragraph (3), before January 2007 to a
direct impact State or to a State that experiences a
significant influx of Katrina Survivors.
(2) Continuation of medicaid drug coverage for dual
eligibles.--Section 1935(d)(1) of such Act shall also not
apply, subject to paragraph (3), before January 2007 to a part
D eligible individual who is a Katrina Survivor.
(3) Termination of application of subsection.--Paragraphs
(1) and (2) shall no longer apply to a State or a Katrina
Survivor, respectively, if the Secretary determines, after
consultation with the State, that enrollment of all part D
eligible individuals in the State under part D of title XVIII
of the Social Security Act who are described in section
1935(c)(6)(A)(ii) of such Act can be achieved without a
discontinuation in prescription drug coverage for any such
individual.
(4) Definition.--For purposes of this subsection, the term
``State that experiences a significant influx of Katrina
Survivors'' means those States, including Arkansas, Florida,
Oklahoma, and Texas, that the Secretary of Health and Human
Services identifies as having a significant in-migration of
Katrina Survivors.
SEC. 5. ACCOMMODATION OF SPECIAL NEEDS OF KATRINA SURVIVORS UNDER
MEDICARE PROGRAM.
(a) Exclusion of Disaster Relief Period in Computing Part B Late
Enrollment Penalty.--In applying the first sentence of section 1839(b)
of the Social Security Act (42 U.S.C. 1395r(b)) in the case of a
Katrina Survivor, there shall not be taken into account any month any
part of which is within the disaster relief period or within the 2-
month period following the end of such disaster relief period.
(b) Part D.--
(1) Extension of initial enrollment period.--In the case of
a Katrina Survivor, the initial enrollment period under section
1860D-1(b)(2) of the Social Security Act (42 U.S.C. 1395w-
101(b)(2)) shall in no case end before May 15, 2007.
(2) Flexibility in documentation for low-income
subsidies.--For purposes of carrying out section 1860D-14 of
the Social Security Act (42 U.S.C. 1395w-114), with respect to
Katrina Survivors, the Secretary of Health and Human Services
shall establish documentation rules for Katrina Survivors which
take into account the loss and unavailability of documents due
to Hurricane Katrina. | Temporary Medicaid Disaster Relief Act of 2005 - States that the purpose of this Act is to: (1) ensure all those affected by Hurricane Katrina have access to health coverage and medical care through the Medicaid program; and (2) authorize temporary changes in such program to guarantee and expedite that coverage and access to care.
Provides that during the disaster relief period from August 29, 2005, to September 30, 2006, any state may provide temporary medical assistance to Katrina Survivors under a state Medicaid plan established under title XIX of the Social Security Act.
Sets at 100% the federal medical assistance percentage (FMAP) for providing medical assistance under a state Medicaid plan to Katrina Survivors, or in the case of a direct impact state, to any individual who is provided medical assistance under the state Medicaid plan during the disaster relief period.
Provides that if the FMAP determined for a state for FY2006 is less than the FMAP determined for FY2005, the FY2005 FMAP shall apply to the state for FY2006 only for Medicaid purposes.
Continues Medicaid drug coverage for dual eligibles.
Excludes the disaster relief period in computing part B late enrollment penalty.
Provides that, in the case of a Katrina Survivor, the initial enrollment period under part D (Voluntary Prescription Drug Benefit Program) shall in no case end before May 15, 2007.
Directs the Secretary of Health and Human Services to establish documentation rules for Katrina Surivors, with respect to premium and cost-sharing subsidies for low-income individuals, which take into account the loss and unavailability of documents due to Hurricane Katrina. | {"src": "billsum_train", "title": "To provide temporary Medicaid disaster relief in response to Hurricane Katrina, and for other purposes."} | 3,234 | 353 | 0.611109 | 1.857722 | 0.876276 | 5.308197 | 8.921311 | 0.947541 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lead Exposure Reduction Amendments
Act of 2012''.
SEC. 2. DEFINITIONS.
Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681) is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and indenting the
clauses appropriately;
(B) in the first sentence, by striking ``The term''
and inserting the following:
``(A) In general.--The term'';
(C) by striking ``Such term includes--'' and
inserting the following:
``(B) Inclusions.--The term `abatement' includes--
''; and
(D) by adding at the end the following:
``(C) Exclusions.--The term `abatement' does not
include any renovation, remodeling, or other activity--
``(i) the primary purpose of which is to
repair, restore, or remodel target housing,
public buildings constructed before 1978, or
commercial buildings; and
``(ii) that incidentally results in a
reduction or elimination of lead-based paint
hazards.'';
(2) by redesignating--
(A) paragraphs (4) through (12) as paragraphs (5)
through (13);
(B) paragraph (13) as paragraph (15); and
(C) paragraphs (14) through (17) and paragraphs
(18) through (21), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Emergency renovation.--The term `emergency
renovation' means a renovation or remodeling activity that is
carried out in response to an event--
``(A) that is an act of God, as that term is
defined in section 101(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980; or
``(B) that if not attended to as soon as is
practicable--
``(i) presents a risk to the public health
or safety; or
``(ii) threatens to cause significant
damage to equipment or property.'';
(4) by striking paragraph (10) (as redesignated by
paragraph (2)) and inserting the following:
``(10) Lead-based paint.--
``(A) In general.--The term `lead-based paint'
means paint or other surface coatings that contain lead
in excess of--
``(i) 1.0 milligrams per centimeter
squared; or
``(ii) 0.5 percent by weight.
``(B) Target housing.--With respect to paint or
other surface coatings on target housing, the term
`lead-based paint' means paint or other surface
coatings that contain lead in excess of the lower of--
``(i) the level described in subparagraph
(A); or
``(ii) a level established by the Secretary
of Housing and Urban Development under section
302(c) of the Lead-Based Paint Poisoning
Prevention Act.'';
(5) by inserting after paragraph (13) (as redesignated by
paragraph (2)) the following:
``(14) Postabatement clearance testing.--The term
`postabatement clearance testing' means testing that--
``(A) is carried out upon the completion of any
lead-based paint activity to ensure that--
``(i) the reduction is complete; and
``(ii) no lead-based paint hazards remain
in the area in which the lead-based paint
activity occurs; and
``(B) includes a visual assessment and the
collection and analysis of environmental samples from
an area in which lead-based paint activities occur.'';
and
(6) by inserting after paragraph (15) (as redesignated by
paragraph (2)) the following:
``(16) Renovation.--The term `renovation' has the meaning
given such term in section 745.83 of title 40, Code of Federal
Regulations, as in effect on the date of enactment of this
paragraph.
``(17) Renovation and remodeling regulation.--The term
`renovation and remodeling regulation' means a regulation
promulgated under section 402(a) and revised pursuant to
section 402(c)(3)(A), as such regulation is applied to
renovation or remodeling activities in target housing, public
buildings constructed before 1978, and commercial buildings.''.
SEC. 3. LEAD-BASED PAINT ACTIVITIES TRAINING AND CERTIFICATION.
Section 402(c) of the Toxic Substances Control Act (15 U.S.C.
2682(c)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Study of certification.--
``(A) In general.--Not later than 1 year prior to
proposing any renovation and remodeling regulation
after the date of enactment of the Lead Exposure
Reduction Amendments Act of 2012, the Administrator
shall conduct, submit to the Congress, and make
available for public comment (after peer review) the
results of, a study of the extent to which persons
engaged in various types of renovation and remodeling
activities in target housing, public buildings
constructed before 1978, or commercial buildings--
``(i) are exposed to lead in the conduct of
such activities; and
``(ii) disturb lead and create a lead-based
paint hazard on a regular or occasional basis
in the conduct of such activities.
``(B) Scope and coverage.--Each study conducted
under subparagraph (A) shall consider the risks
described in clauses (i) and (ii) of such subparagraph
with respect to each separate building type described
in such subparagraph, as the regulation to be proposed
would apply to each such building type.'';
(2) in paragraph (3)--
(A) in the first sentence by striking ``Within 4
years'' and inserting the following:
``(A) In general.--Not later than 4 years''; and
(B) by adding at the end the following:
``(B) Exemption.--An emergency renovation shall be
exempt from any renovation and remodeling regulation,
and a person carrying out an emergency renovation shall
be exempt from any regulation promulgated under section
406(b) with respect to the emergency renovation.
``(C) Prohibition on postabatement clearance
requirement.--No renovation and remodeling regulation
may require postabatement clearance testing.''; and
(3) by adding at the end the following:
``(4) Target housing owners.--
``(A) In general.--Not later than 60 days after the
date of enactment of this paragraph, and subject to
subparagraph (B), the Administrator shall promulgate
regulations to permit an owner of a residential
dwelling that is target housing, who resides in such
residential dwelling, to authorize a contractor to
forgo compliance with the requirements of a renovation
and remodeling regulation with respect to such
residential dwelling.
``(B) Written certification.--The regulations
promulgated under subparagraph (A) shall require that
an owner of a residential dwelling that is target
housing, who resides in such residential dwelling, may
only authorize a contractor to forgo compliance with
the requirements of a renovation and remodeling
regulation if the owner submits to such contractor a
written certification stating that--
``(i) the renovation or remodeling project
is to be carried out at the residential
dwelling in which the owner resides;
``(ii) no pregnant woman or child under the
age of 6 resides in the residential dwelling as
of the date on which the renovation or
remodeling project commences, or will reside in
the residential dwelling for the duration of
such project; and
``(iii) the owner acknowledges that, in
carrying out the project, such contractor will
be exempt from the requirements of a renovation
and remodeling regulation.
``(C) Restriction.--A contractor may not forgo
compliance with the requirements of a renovation and
remodeling regulation pursuant to a written
certification submitted under subparagraph (B) if such
contractor has actual knowledge of a pregnant woman or
child under the age of 6 residing in the residential
dwelling as of the date on which the renovation or
remodeling commences (and for the duration of such
project).
``(D) Limitation of contractor liability.--The
Administrator may not hold a contractor responsible for
a misrepresentation made by the owner of a residential
dwelling in a written certification submitted under
subparagraph (B), unless the contractor has actual
knowledge of such a misrepresentation.
``(5) Test kits.--
``(A) In general.--
``(i) Recognition.--The Administrator shall
recognize for use under this title a qualifying
test kit, and publish in the Federal Register
notice of such recognition.
``(ii) Suspension of enforcement of certain
regulations.--If, not later than 1 year after
the date of enactment of this paragraph, the
Administrator does not recognize a qualifying
test kit under clause (i), the Administrator--
``(I) shall publish in the Federal
Register notice of such failure to
recognize a qualifying test kit; and
``(II) except as provided in clause
(iii), may not enforce any post-1960
building renovation and remodeling
regulation, with respect to a period
beginning on the date that is 1 year
after the date of enactment of this
paragraph and ending on the date that
is 6 months after the date on which the
Administrator--
``(aa) recognizes for use
under this title a qualifying
test kit; and
``(bb) publishes in the
Federal Register notice of such
recognition and of the date on
which enforcement of the post-
1960 building renovation and
remodeling regulations will
resume.
``(iii) Applicability of suspension.--The
Administrator shall not suspend enforcement of
any post-1960 building renovation and
remodeling regulation for the period described
in clause (ii)(II) with respect to a
residential dwelling in which a pregnant woman
or child under the age of 6 resides.
``(B) Qualifying test kit.--In this subsection, the
term `qualifying test kit' means a chemical test that--
``(i) can determine the presence of lead-
based paint, as defined in section 401(10)(A);
``(ii) has a false positive response rate
of 10 percent or less;
``(iii) has a false negative response rate
of 5 percent or less;
``(iv) does not require the use of off-site
laboratory analysis to obtain results;
``(v) is inexpensively and commercially
available; and
``(vi) does not require special training to
use.
``(C) Post-1960 building renovation and remodeling
regulation.--In this subsection, the term `post-1960
building renovation and remodeling regulation' means a
renovation and remodeling regulation, as it applies
to--
``(i) target housing constructed after
January 1, 1960;
``(ii) public buildings constructed between
January 1, 1960 and January 1, 1978; and
``(iii) commercial buildings constructed
after January 1, 1960.
``(6) Applicability of certain penalties.--Any renovation
and remodeling regulation requiring the submission of
documentation to the Administrator shall provide--
``(A) an exemption from an applicable penalty for
failure to comply with such requirement for a person
who--
``(i) is submitting the required
documentation for the first time; and
``(ii) submits documentation that contains
only de minimus or typographical errors, as
determined by the Administrator; and
``(B) a process by which a person described in
subparagraph (A) may resubmit the required
documentation.
``(7) Accreditation of recertification courses.--The hands-
on training requirements required by subsection (a)(2)(D) shall
not apply to any recertification course accredited by the
Environmental Protection Agency that is otherwise required to
be completed under this title by a person that is certified to
engage in renovation and remodeling activities.''. | Lead Exposure Reduction Amendments Act of 2012 - Amends the Toxic Substances Control Act (TSCA) to exclude from the definition of "abatement" any renovation, remodeling, or other activity: (1) the primary purpose of which is to repair, restore, or remodel target housing, public buildings constructed before 1978, or commercial buildings; and (2) that incidentally results in a reduction or elimination of lead-based paint hazards.
Requires the Administrator of the Environmental Protection Agency (EPA), no later than one year prior to proposing any renovation and remodeling regulation, to study the extent to which persons engaged in such activities: (1) are exposed to lead, and (2) disturb lead and create a lead-based paint hazard. Exempts from any such regulation an emergency renovation that is carried out in response to an event that is an act of God as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), that presents a risk to the public health or safety, or that threatens to cause significant damage to equipment or property if not attended to immediately. Prohibits such a regulation from requiring post-abatement clearance testing.
Requires the Administrator to promulgate regulations to permit an owner of a residential dwelling that is target housing, who resides in such dwelling, to authorize a contractor to forego compliance with such a regulation if the owner submits a certification stating that: (1) the renovation or remodeling project is to be carried out at such dwelling, (2) no pregnant woman or child under the age of six resides or will reside in such housing, and (3) the owner acknowledges that such contractor will be exempt from the requirements of such regulation. Prohibits the Administrator from holding a contractor responsible for a misrepresentation made by the owner of such dwelling unless the contractor has actual knowledge of such a misrepresentation.
Requires the Administrator to: (1) recognize a qualifying test kit for use under such Act, and (2) suspend enforcement of any regulation relating to renovation and remodeling of target housing and commercial buildings constructed after January 1, 1960, and public buildings constructed between January 1, 1960, and January 1, 1978, until a specified period after the Administrator recognizes such a test kit. | {"src": "billsum_train", "title": "To amend the Toxic Substances Control Act relating to lead-based paint renovation and remodeling activities."} | 2,704 | 484 | 0.59125 | 1.938704 | 0.803696 | 4.071101 | 5.708716 | 0.942661 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Online Privacy and Disclosure Act of
2000''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Data controller.--The term ``data controller'' means a
person who, by any means of interstate commerce, collects
personal data, regardless of whether or not such data are
collected, stored, processed, or disseminated by that person or
by an agent on its behalf.
(2) Personal data.--The term ``personal data'' means any
information relating to an identified or identifiable
individual (data subject).
(3) Data subject.--The term ``data subject'' means an
individual to whom personal data pertain.
(4) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(5) Person.--The term ``person'' has the meaning provided
such term in section 1 of title 1, United States Code.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to identify and establish principles concerning fair
and nondeceptive business practices for the collection, use,
and dissemination of personal data;
(2) to permit businesses that have adopted and implemented
such principles to certify the implementation by publicly
displaying a uniform seal; and
(3) to require the Commission to prohibit and prevent
unfair and deceptive acts and practices in the use of that
uniform seal.
SEC. 4. PRINCIPLES FOR FAIR PERSONAL INFORMATION PRACTICES.
Data controllers who abide by the following rules shall be
permitted to display an official seal certifying such compliance under
such regulations as the Commission shall prescribe:
(1) Collection limitation principle.--The collection of any
personal data through means of interstate commerce should be
obtained by lawful and fair means and with the knowledge of the
data subject.
(2) Data quality principle.--Personal data should be
accurate, complete, and current.
(3) Purpose specification principle.--The purposes for
which personal data are collected should be specified and
disclosed to the data subject not later than the time of data
collection, and any subsequent use should be limited to the
fulfillment of those disclosed purposes, or such other purposes
as are not incompatible with those disclosed purposes and as
are also disclosed to the data subject on each occasion of a
change of purpose.
(4) Use limitation principle.--Personal data should not be
disclosed, made available, or otherwise used for purposes other
than those specified and disclosed in accordance with paragraph
(3), except--
(A) with the consent of the data subject; or
(B) by the authority of law.
(5) Openness principle.--A data subject should have readily
available means of establishing the existence and nature of
personal data, and the main purposes of their use, as well as
the identity and usual place of business of the data
controller.
(6) Individual participation principle.--An individual
should have the right--
(A) to obtain from a data controller, or otherwise,
confirmation of whether or not the data controller has
data relating to the individual;
(B) to have communicated to the individual, data
relating to the individual--
(i) within a reasonable time;
(ii) at a charge, if any, that is not
excessive;
(iii) in a reasonable manner; and
(iv) in a form that is readily intelligible
to the individual;
(C) to be given reasons if a request made under
subparagraphs (A) and (B) is denied, and to be able to
challenge such denial; and
(D) to challenge data relating to the individual
and, if the challenge is successful to have the data
erased, rectified, completed, or amended.
(7) Accountability principle.--A data controller should be
accountable for complying with measures which give effect to
the principles stated in paragraphs (1) through (6) of this
section.
SEC. 5. PREVENTION OF UNFAIR AND DECEPTIVE PRACTICES IN ADOPTION AND
IMPLEMENTATION OF PRINCIPLES.
(a) Regulations Required.--
(1) In general.--The Commission shall prescribe rules for
the adoption of a seal that may be publicly displayed by a data
controller that--
(A) complies with the principles set forth in
section 4; and
(B) desires to certify that compliance publicly.
(2) Deceptive use of seal prohibited.--Such rules shall
prohibit as a deceptive act or practice any display of such
seal, or any imitation of such seal, by a data controller that
is not in compliance with such principles.
(b) Rulemaking.--The Commission shall prescribe the rules under
subsection (a) within 270 days after the date of enactment of this Act.
Such rules shall be prescribed in accordance with section 553 of title
5, United States Code.
(c) Enforcement.--Any violation of any rule prescribed under
subsection (a) shall be treated as a violation of a rule respecting
unfair or deceptive acts or practices under section 5 of the Federal
Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of
such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be
subject to the jurisdiction of the Commission for purposes of this Act.
SEC. 6. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) In General.--Except as otherwise provided in section 7, this
Act shall be enforced by the Commission under the Federal Trade
Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which
is outside the jurisdiction of that Act shall be affected by this Act,
except for purposes of this Act.
(b) Actions by the Commission.--The Commission shall prevent any
person from violating a rule of the Commission under section 5 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act. Any person who violates such rule shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this Act.
SEC. 7. STATE ENFORCEMENT.
Nothing in this Act shall preempt any State from adopting or
enforcing State laws dealing with the same or similar subject matter as
the subject matter of this Act. | Directs the FTC to prescribe rules for the adoption of a seal that may be displayed by a data controller to signify compliance with such principles and FTC regulations.
Provides for FTC enforcement with regard to: (1) the fraudulent display of a seal; and (2) violations of this Act. | {"src": "billsum_train", "title": "Online Privacy and Disclosure Act of 2000"} | 1,465 | 63 | 0.514464 | 1.394561 | 0.801458 | 2.87931 | 23.172414 | 0.844828 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The National Park Service administers Federal parks,
monuments, and reservations, to conserve the scenery, the
natural and historic objects, and wildlife therein, and
provides for the enjoyment of the same in such manner and by
such means as will leave them unimpaired for the enjoyment of
future generations.
(2) It is the function of the Federal Aviation
Administration to manage the safe and efficient use of the
navigable airspace of the United States, as provided for in the
Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.).
(3) The National Park Service lands in the State of Hawaii,
consisting of Kaloko-Honokohau National Historical Park,
Kalaupapa National Historical Park, Pu'u honua o Honaunau
National Historical Park, Pu'u Kohola Heiau National Historic
Site, Haleakala National Park, and Hawaii Volcanoes National
Park, are managed for the purposes of wilderness preservation,
protecting natural, cultural, historical, and wildlife
resources, and for promotion of the public enjoyment and use of
these resources.
(4) Haleakala and Hawaii Volcanoes National Parks are
designated by the United Nations as International Biosphere
Reserves because of their internationally significant scenery
and plant and animal communities, and furthermore that Hawaii
Volcanoes National Park is designated by the United Nations as
a World Heritage Site because of the significance of Mauna Loa
and Kilauea Volcanoes.
(5) In recognition of the values for which National Park
Service lands are managed, an above ground level (AGL) minimum
altitude of 1,500 feet shall be established for aircraft flying
in airspace over certain lands administered by the National
Park Service.
(6) The auditory and visual intrusion of aircraft flying at
low altitudes is the source of public complaint in certain
areas administered by the National Park Service.
(7) Aircraft flying at low altitudes may pose a potential
hazard to wildlife in certain areas administered by the
National Park Service.
(8) Aircraft flying at low altitudes over large
concentrations of migratory birds may pose a potential safety
hazard to pilots and passengers in certain areas administered
by the National Park Service.
(9) The Federal Aviation Administration and National Park
Service shall act in cooperation to reduce the incidence of
low-flying aircraft, including fixed-wing aircraft,
helicopters, ultralight vehicles, balloons, and gliders over
National Park Service administered land by complying with the
1,500 feet AGL minimum altitude requirement, and to avoid
flying over areas which the National Park Service designates as
noise-sensitive, and to respect standoff distances away from
areas which the National Park Service designates as primary
visitor use areas.
SEC. 2. NATIONAL PARK SERVICE RESPONSIBILITIES.
The Director of the National Park Service shall be responsible for
the following:
(1) Identification of specific areas.--Identifying specific
areas where low-flying aircraft may constitute an adverse
impact on resources and conveying specific information,
including annotated maps, which indicate designated flight-free
areas and primary visitor use areas, to the Federal Aviation
Administration for appropriate action as described in section
3.
(2) Low-flying reporting system.--Developing and
implementing a standardized reporting system acceptable to the
Federal Aviation Administration to document instances of low-
flying aircraft over National Park Service administered lands.
This reporting system shall provide for transmittal of such
documentation in a timely manner to the Honolulu Federal
Aviation Administration Flight Standards district office.
(3) Training.--Developing training programs and
instructional materials for National Park Service personnel to
enable them to recognize and report instances of low-flying
aircraft in a competent and professional manner. The
appropriate training programs of the National Park Service
shall expand to incorporate the subject matter into in-service
training requirements. The Director of the National Park
Service shall seek the assistance of the Federal Aviation
Administration to help develop training curricula.
(4) Quarterly meeting.--Making personnel available from the
National Park Service to meet quarterly with the Federal
Aviation Administration and affected pilots to discuss
resources management objectives and issues associated with low-
flying aircraft.
SEC. 3. FEDERAL AVIATION RESPONSIBILITIES.
The Administrator of the Federal Aviation Administration shall be
responsible for the following:
(1) Communication with pilots.--Communicating to pilots the
concerns and objectives of the National Park Service about low-
flying aircraft in specified areas, using advisories,
bulletins, the Federal Aviation Administration publication The
Federal Aviation News, the ongoing ``Accident Prevention
Program'' for routine pilots' contact, and other means of
communications with pilots, and to impress upon pilots that
pilot participation is strongly encouraged to ensure protection
of resources and the enjoyment of natural areas by the public.
(2) Investigations.--Investigating instances of pilot
deviations from the Federal Aviation Administration requested
minimum altitude over areas, and National Park Service-
designated flight-free and primary visitor use areas in lands
administered by the National Park Service, and taking action to
discourage deviations with the objectives of reducing or
eliminating such incidents in these areas.
(3) Military aircraft.--Assisting the National Park Service
in communicating with the various agencies of the Department of
Defense with regard to military aircraft operations over
National Park Service administered areas.
(4) Availability of status and results of investigations.--
Making available to the National Park Service, at the Federal
Aviation Administration Flight Standards district office, the
status and results of the Federal Aviation Administration's
investigation of instances reported by the National Park
Service.
(5) Support of aviation groups.--Enlisting the support of
all aviation groups and organizations by requesting they
disseminate information about problems associated with aircraft
operating at low altitudes over areas administered by the
National Park Service.
(6) Meetings with national park service.--Assisting the
National Park Service in combating problems associated with
low-flying aircraft by participating in appropriate meetings at
field and regional levels.
SEC. 4. FLIGHT RESTRICTION DESIGNATIONS.
(a) Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and
Kalaupapa National Historical Parks.--Inasmuch as Kaloko Honokohau,
Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National
Historical Parks are mandated to protect historical, cultural, and
religious values, and other resources considered sacred to Hawaiian
people, all, in their entirety are considered noise-sensitive and shall
not be overflown by commercial tour aircraft. Commercial fixed-wing
aircraft which are not on scenic tours may overfly Kaloko Honokohau
when it is unsafe to use alternative approaches to Keahole Airport.
Furthermore, inasmuch as those areas are small and are entirely primary
visitor use areas, scenic tour aircraft shall maintain a 2-mile
standoff distance.
(b) Haleakala National Park.--Inasmuch as Haleakala National Park
is mandated to protect natural and cultural resources, and especially
rare and endangered plant and animal species, magnificent scenery, and
tranquil and unique wilderness, the Crater District and Kipahulu
Valley, including adjacent rain forest areas within the Park, in their
entirety, are considered noise-sensitive and shall not be overflown.
Furthermore, inasmuch as the overlook near the Sliding Sands trailhead
is a primary visitor use area where people often are assembled on the
ground, a two-mile stand-off distance shall be maintained.
(c) Hawaii Volcanoes National Park.--Inasmuch as Hawaii Volcanoes
National Park is mandated to protect natural and cultural resources,
and especially rare and endangered plant and animal species,
magnificent scenery, and tranquil and unique wilderness, the designated
wilderness areas, in their entirety, consisting of Mauna Loa, Ola's
Forest, East Rift, and Kau Desert, and the summit of Kilauea, and the
coastal area between Ka'aha and Kamoamoa are considered noise-sensitive
and shall not be overflown. Furthermore, inasmuch as the Kilauea
summit, the Chain of Craters corridor, and the Kamoamoa village sites
are primary visitor use areas where people often are assembled on the
ground, a 2-mile standoff distance shall be maintained.
(d) Minimum Altitude Restriction.--It shall be unlawful for any
fixed wing aircraft or helicopter flying under visual flight rules to
fly at an altitude of less than 1,500 feet over the surface of any
National Park System lands in the State of Hawaii not subject to
subsections (a) through (c) of this section. For purposes of this
paragraph, the term ``surface'' refers to the highest terrain within
such lands which is within 1,500 feet laterally of the route of flight.
For purposes of enforcement, the prohibition pursuant to this
subsection shall be treated as a requirement established pursuant to
section 307 of the Federal Aviation Act of 1958. To provide information
to pilots regarding the restrictions established under this subsection,
the Administrator of the Federal Aviation Administration shall provide
public notice of such restrictions in appropriate Federal Aviation
Administration publications as soon as practicable after the enactment
of this Act.
SEC. 5. FEDERAL AVIATION ADMINISTRATION AND NATIONAL PARK SERVICE JOINT
RESPONSIBILITY.
The Administrator of the Federal Aviation Administration and the
Director of the National Park Service shall jointly be responsible for
the following:
(1) Additional assessments.--Assess situations in addition
to those specified in section 4 where impacts of aircraft
operations upon human, cultural, or natural resources are
sufficiently serious to warrant consideration of site-specific
action by the Federal Aviation Administration to minimize or
eliminate the causes of such problems.
(2) Informational materials and scientific studies.--
Prepare public informational materials, including printed
matter and audio-visual programs, for communication to pilots
using existing Federal Aviation Administration pilot-contact
meetings and programs, aviation periodicals, and other means of
generating pilot understanding of National Park Service
resources management objectives. Where appropriate, the Federal
Aviation Administration and the National Park Service will
share information on techniques of conducting scientific
studies and data collection to facilitate understanding of the
impact of aircraft operations on affected resources.
(3) Procedures.--Work together to define procedures for use
at national headquarters and field office levels to address
overflight issues over public land areas.
SEC. 6. APPLICABILITY OF CERTAIN REGULATIONS TO CERTAIN SIGHTSEEING
FLIGHTS.
Parts 91 and 135 of title 14 of the Code of Federal Regulations,
relating to general operating and flight rules and to air taxi
operators and commercial operators, respectively, shall apply to
nonstop sightseeing flights that begin and end at the same airport and
are conducted within a 25 statute mile radius of the airport. | Requires the Director of the National Park Service (NPS) to: (1) identify areas where low-flying aircraft may constitute an adverse impact on resources and convey specific information, including annotated maps, which indicates designated flight-free areas and primary visitor use areas, to the Federal Aviation Administration (FAA); (2) develop a standardized reporting system acceptable to the FAA to document instances of low-flying aircraft over NPS lands for transmittal to the Honolulu FAA Flight Standards district office; (3) develop training programs and instructional materials enabling NPS personnel to recognize and report instances of low-flying aircraft; and (4) provide for quarterly meetings between NPS personnel and the FAA and affected pilots to discuss resources management objectives and issues associated with low-flying aircraft.
(Sec. 3) Requires the FAA Administrator to: (1) communicate with pilots regarding NPS concerns and objectives about low-flying aircraft in specified areas; (2) investigate pilot deviations from the requirements of this Act and take action to discourage such deviations; (3) provide assistance to the NPS in communicating with various agencies in the Department of Defense about military aircraft operations over NPS areas; (4) make the results of such investigation available to the NPS at the FAA Flight Standards district office; (5) enlist the support of all aviation groups and organizations; and (6) participate in appropriate meetings at field and regional levels to assist the NPS in combating problems associated with low-flying aircraft.
(Sec. 4) Prohibits the flying of commercial tour aircraft over Kaloko Honokohau, Pu'u honua o Honaunau, Pu'u kohola Heiau, and Kalaupapa National Historical Parks, Haleakala National Park, and Hawaii Volcanoes National Park. Requires scenic tour aircraft to maintain a two-mile standoff distance from such areas.
Makes it unlawful for any fixed wing aircraft or helicopter flying under visual flight rules to fly at less than 1,500 feet over the surface of any NPS lands in Hawaii not subject to earlier provisions of this Act.
(Sec. 5) Lists joint responsibilities of the Director and the Administrator regarding additional assessments of adverse impacts of aircraft operators, means of generating pilot understanding of NPS resource management objectives, and procedures for addressing public land over-flight issues.
(Sec. 6) Makes Federal regulations relating to general operating and flight rules and to air taxi operators and commercial operators applicable to nonstop sightseeing flights that begin and end at the same airport and are conducted within a 25 statute mile radius of the airport. | {"src": "billsum_train", "title": "To provide for the regulation of the airspace over National Park System lands in the State of Hawaii by the Federal Aviation Administration and the National Park Service, and for other purposes."} | 2,385 | 578 | 0.656771 | 2.18622 | 0.580824 | 4.305955 | 4.308008 | 0.893224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Joshua Omvig Veterans Suicide
Prevention Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) suicide among veterans suffering from post-traumatic stress
disorder (in this section referred to as ``PTSD'') is a serious
problem; and
(2) the Secretary of Veterans Affairs should take into
consideration the special needs of veterans suffering from PTSD and
the special needs of elderly veterans who are at high risk for
depression and experience high rates of suicide in developing and
implementing the comprehensive program under this Act.
SEC. 3. COMPREHENSIVE PROGRAM FOR SUICIDE PREVENTION AMONG VETERANS.
(a) In General.--
(1) Comprehensive program for suicide prevention among
veterans.--Chapter 17 of title 38, United States Code, is amended
by adding at the end the following new section:
``Sec. 1720F. Comprehensive program for suicide prevention among
veterans
``(a) Establishment.--The Secretary shall develop and carry out a
comprehensive program designed to reduce the incidence of suicide among
veterans incorporating the components described in this section.
``(b) Staff Education.--In carrying out the comprehensive program
under this section, the Secretary shall provide for mandatory training
for appropriate staff and contractors (including all medical personnel)
of the Department who interact with veterans. This training shall cover
information appropriate to the duties being performed by such staff and
contractors. The training shall include information on--
``(1) recognizing risk factors for suicide;
``(2) proper protocols for responding to crisis situations
involving veterans who may be at high risk for suicide; and
``(3) best practices for suicide prevention.
``(c) Health Assessments of Veterans.--In carrying out the
comprehensive program, the Secretary shall direct that medical staff
offer mental health in their overall health assessment when veterans
seek medical care at a Department medical facility (including a center
established under section 1712A of this title) and make referrals, at
the request of the veteran concerned, to appropriate counseling and
treatment programs for veterans who show signs or symptoms of mental
health problems.
``(d) Designation of Suicide Prevention Counselors.--In carrying
out the comprehensive program, the Secretary shall designate a suicide
prevention counselor at each Department medical facility other than
centers established under section 1712A of this title. Each counselor
shall work with local emergency rooms, police departments, mental
health organizations, and veterans service organizations to engage in
outreach to veterans and improve the coordination of mental health care
to veterans.
``(e) Best Practices Research.--In carrying out the comprehensive
program, the Secretary shall provide for research on best practices for
suicide prevention among veterans. Research shall be conducted under
this subsection in consultation with the heads of the following
entities:
``(1) The Department of Health and Human Services.
``(2) The National Institute of Mental Health.
``(3) The Substance Abuse and Mental Health Services
Administration.
``(4) The Centers for Disease Control and Prevention.
``(f) Sexual Trauma Research.--In carrying out the comprehensive
program, the Secretary shall provide for research on mental health care
for veterans who have experienced sexual trauma while in military
service. The research design shall include consideration of veterans of
a reserve component.
``(g) 24-Hour Mental Health Care.--In carrying out the
comprehensive program, the Secretary shall provide for mental health
care availability to veterans on a 24-hour basis.
``(h) Hotline.--In carrying out the comprehensive program, the
Secretary may provide for a toll-free hotline for veterans to be
staffed by appropriately trained mental health personnel and available
at all times.
``(i) Outreach and Education for Veterans and Families.--In
carrying out the comprehensive program, the Secretary shall provide for
outreach to and education for veterans and the families of veterans,
with special emphasis on providing information to veterans of Operation
Iraqi Freedom and Operation Enduring Freedom and the families of such
veterans. Education to promote mental health shall include information
designed to--
``(1) remove the stigma associated with mental illness;
``(2) encourage veterans to seek treatment and assistance for
mental illness;
``(3) promote skills for coping with mental illness; and
``(4) help families of veterans with--
``(A) understanding issues arising from the readjustment of
veterans to civilian life;
``(B) identifying signs and symptoms of mental illness; and
``(C) encouraging veterans to seek assistance for mental
illness.
``(j) Peer Support Counseling Program.--(1) In carrying out the
comprehensive program, the Secretary may establish and carry out a peer
support counseling program, under which veterans shall be permitted to
volunteer as peer counselors--
``(A) to assist other veterans with issues related to mental
health and readjustment; and
``(B) to conduct outreach to veterans and the families of
veterans.
``(2) In carrying out the peer support counseling program under
this subsection, the Secretary shall provide adequate training for peer
counselors.
``(k) Other Components.--In carrying out the comprehensive program,
the Secretary may provide for other actions to reduce the incidence of
suicide among veterans that the Secretary considers appropriate.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding at the end the following new
item:
``1720F. Comprehensive program for suicide prevention among veterans.''.
(b) Report to Congress.--
(1) Report required.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to Congress a report on the comprehensive program under
section 1720F of title 38, United States Code, as added by
subsection (a).
(2) Contents of report.--The report shall contain the
following:
(A) Information on the status of the implementation of such
program.
(B) Information on the time line and costs for complete
implementation of the program within two years.
(C) A plan for additional programs and activities designed
to reduce the occurrence of suicide among veterans.
(D) Recommendations for further legislation or
administrative action that the Secretary considers appropriate
to improve suicide prevention programs within the Department of
Veterans Affairs.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Joshua Omvig Veterans Suicide Prevention Act - Expresses the sense of Congress that: (1) suicide among veterans suffering from post-traumatic stress disorder (PTSD) is a serious problem; and (2) the Secretary of Veterans Affairs, in developing and implementing the comprehensive program outlined in this Act, should take into consideration the special needs of such veterans and of elderly veterans who are at high risk for depression and experience high rates of suicide.
Directs the Secretary to develop and carry out a comprehensive program designed to reduce the incidence of suicide among veterans. Requires the program to include: (1) mandatory training for appropriate staff and contractors of the Department of Veterans Affairs (VA) who interact with veterans; (2) mental health assessments of veterans; (3) designation of a suicide prevention counselor at each Department medical facility; (4) research on best practices for suicide prevention; (5) mental health care for veterans who have experienced sexual trauma while in military service; (6) 24-hour veterans' mental health care availability; (7) a toll-free hotline; and (8) outreach and education for veterans and their families.
Authorizes the Secretary to develop and carry a peer support counseling program as part of such program.
Requires the Secretary to report to Congress on the program. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to develop and implement a comprehensive program designed to reduce the incidence of suicide among veterans."} | 1,371 | 261 | 0.713919 | 1.949821 | 0.902148 | 4.27451 | 5.270588 | 0.94902 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apollo 11 50th Anniversary
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) on July 16, 1969, the Apollo 11 spacecraft launched
from Launch Complex 39-A at the John F. Kennedy Space Center
carrying Neil Armstrong, Edwin ``Buzz'' Aldrin, and Michael
Collins, who would become the first of human kind to complete a
crewed lunar landing;
(2) the United States is the only country ever to have
attempted and succeeded in landing humans on a celestial body
off the Earth and safely returning them home, completing an
unprecedented engineering, scientific and political
achievement;
(3) the Apollo 11 mission, culminating in humanity's first
steps on the Moon on July 20, 1969, honored the fallen
astronauts of the Apollo 1 crew, whose innovative work and
bravery will be remembered forever;
(4) Apollo 11 accomplished the national goal set forth in
1961 by President John F. Kennedy, who stated at Rice
University the following year, ``We choose to go to the Moon.
We choose to go to the Moon in this decade and do the other
things, not because they are easy, but because they are hard,
because that goal will serve to organize and measure the best
of our energies and skills, because that challenge is one that
we are willing to accept, one we are unwilling to postpone, and
one which we intend to win'';
(5) at the height of the Cold War, the Apollo space program
provided the United States and the free world with a powerful
symbolic win, demonstrating the strength, ambition, and
determination of the United States in technological and
economic advancement, and securing our Nation's leadership in
space for generations to come;
(6) the National Aeronautics and Space Administration
(referred to in this Act as ``NASA'') developed the most
powerful launch vehicle in history, the Saturn V rocket, which
was used for the Apollo missions in the 1960s and 1970s;
(7) the Saturn V weighed 6,200,000 pounds and generated
7,600,000 million pounds of thrust, which NASA has equated to
generating more power than 86 Hoover Dams;
(8) during the time period from 1969 through 1972, NASA
completed 8 Apollo missions and landed 12 men on the Moon;
(9) the 6 missions that landed on the Moon returned with a
wealth of groundbreaking scientific data and over 800 pounds of
lunar samples;
(10) an estimated 400,000 Americans contributed to the
successful program that led to the lunar landing on July 20,
1969, including NASA scientists, engineers, astronauts,
industry contractors and their engineering and manufacturing
workforce, as well as the political leadership of Republicans
and Democrats in Congress and the White House;
(11) the Apollo program, along with its predecessor Mercury
and Gemini programs, inspired generations of American students
to pursue careers in science, technology, engineering, and
mathematics, which has fueled innovation and economic growth
throughout a range of industries over the last 4 decades; and
(12) July 20, 2019, will mark the 50th anniversary of the
Apollo 11 landing of Neil Armstrong and Edwin ``Buzz'' Aldrin
on the lunar surface.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--In recognition and celebration of the 50th
anniversary of the first manned Moon landing, the Secretary of the
Treasury (hereafter in this Act referred to as the ``Secretary'') shall
mint and issue the following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) be struck on a planchet having a diameter of
0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) be struck on a planchet having a diameter of
1.500 inches; and
(C) contain at least 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) be struck on a planchet having a diameter of
1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(4) Proof silver $1 coins.--Not more than 100,000 proof $1
silver coins which shall--
(A) weigh 5 ounces;
(B) be struck on a planchet having a diameter of 3
inches; and
(C) contain .999 fine silver.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
(d) Convex Shape.--
(1) In general.--The coins minted under this Act shall be
produced in a fashion similar to the 2014 National Baseball
Hall of Fame 75th Anniversary Commemorative Coin, so that the
reverse of the coin is convex to more closely resemble the
faceplate of the astronaut's helmet of the time and the obverse
concave, providing a more dramatic display of the obverse
design chosen pursuant to section 4(c).
(2) Sense of congress.--It is the sense of Congress that,
to the extent possible without significantly adding to the
purchase price of the coins, the coins minted under this Act
should be produced with the design of the reverse of the coins
continuing over what would otherwise be the edge of the coins,
such that the reverse design extends all the way to the obverse
design.
SEC. 4. DESIGN OF COINS.
(a) In General.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with--
(A) the Commission of Fine Arts; and
(B) with respect to the design of the reverse of
the coins, the Administrator of NASA; and
(2) reviewed by the Citizens Coinage Advisory Committee.
(b) Designations and Inscriptions.--On each coin minted under this
Act there shall be--
(1) a designation of the denomination of the coin;
(2) an inscription of the year ``2019''; and
(3) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(c) Selection and Approval Process for Obverse Design.--
(1) In general.--The Secretary shall hold a juried,
compensated competition to determine the design of the common
obverse of the coins minted under this Act, with such design
being emblematic of the United States space program leading up
to the first manned Moon landing.
(2) Selection process.--Proposals for the obverse design of
coins minted under this Act may be submitted in accordance with
the design selection and approval process developed by the
Secretary in the sole discretion of the Secretary.
(3) Proposals.--As part of the competition described in
this subsection, the Secretary may accept proposals from
artists, engravers of the United States Mint, and members of
the general public, and any designs submitted for the design
review process described herein shall be anonymized until a
final selection is made.
(4) Compensation.--The Secretary shall determine
compensation for the winning design under this subsection,
which shall be not less than $5,000.
(d) Reverse Design.--The design on the common reverse of the coins
minted under this Act shall be a representation of a close-up of the
famous ``Buzz Aldrin on the Moon'' photograph taken July 20, 1969,
showing just the visor and part of the helmet of astronaut Edwin
``Buzz'' Aldrin, in which the visor reflects the image of the United
States flag, astronaut Neil Armstrong, and the lunar lander.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Except with respect to coins described under
section 3(a)(4), coins minted under this Act shall be issued in
uncirculated and proof qualities.
(b) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2019.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, winning design
compensation, overhead expenses, marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge as follows:
(1) A surcharge of $35 per coin for the $5 coin.
(2) A surcharge of $10 per coin for the $1 coin described
under section 3(a)(2).
(3) A surcharge of $5 per coin for the half-dollar coin.
(4) A surcharge of $50 per coin for the $1 coin described
under section 3(a)(4).
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary as
follows:
(1) One half to the Smithsonian Institution's National Air
and Space Museum's ``Destination Moon'' exhibit, for design,
education, and installation costs related to establishing and
maintaining the exhibit, and for costs related to creating a
traveling version of the exhibition.
(2) One quarter to the Astronauts Memorial Foundation, for
costs related to the preservation, maintenance, and enhancement
of the Astronauts Memorial and for promotion of space
exploration through educational initiatives.
(3) One quarter to the Astronaut Scholarship Foundation, to
aid its missions of promoting the importance of science and
technology to the general public and of aiding the United
States in retaining its world leadership in science and
technology by providing college scholarships for the very best
and brightest students pursuing degrees in science, technology,
engineering, or mathematics.
(c) Audits.--The recipients described under subsection (b) shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, winning design compensation, overhead expenses,
marketing, and shipping) is recovered by the United States
Treasury, consistent with sections 5112(m) and 5134(f) of title
31, United States Code.
SEC. 9. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee, provided that
such statement has been submitted prior to the vote on passage. | Apollo 11 50th Anniversary Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue gold, silver, half-dollar clad, and proof silver coins in recognition and celebration of the 50th anniversary of the first manned landing on the moon. Treasury may issue coins minted under this bill for only a one-year period, beginning January 1, 2019. All sales of these coins shall include a surcharge of $35 per gold coin, $10 per silver coin, $5 per half-dollar clad coin, and $50 per proof silver coin. All of the surcharges received from the sale of such coins shall be paid as follows: one-half to the Smithsonian Institution's National Air and Space Museum's "Destination Moon" exhibit; one-quarter to the Astronauts Memorial Foundation; and one-quarter to the Astronaut Scholarship Foundation, to aid its missions by providing college scholarships for the very best and brightest students pursuing degrees in science, technology, engineering, or mathematics. | {"src": "billsum_train", "title": "Apollo 11 50th Anniversary Commemorative Coin Act"} | 2,827 | 223 | 0.374011 | 1.229968 | 0.608498 | 3.732323 | 13.308081 | 0.934343 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mortgage Modification Reform Act of
2010''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered trial loan modification'' means a
trial loan modification--
(A) offered by a servicer to a homeowner under a
home loan modification program; and
(B) for which the servicer has received from the
homeowner the information required for a trial loan
modification;
(2) the term ``home loan modification program'' means a
home loan modification program put into effect by the Secretary
under title I of division A of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), including
the Home Affordable Modification Program;
(3) the term ``homeowner'' means an individual who applies
for a home loan modification under a home loan modification
program;
(4) the term ``permanent loan modification'' means any
agreement reached between a homeowner and a servicer on a long-
term basis, as determined by the Secretary, under a home loan
modification program;
(5) the term ``qualified counselor'' means a qualified
counselor described in section 255(f) of the National Housing
Act (12 U.S.C. 1715z-20(f));
(6) the term ``Secretary'' means the Secretary of the
Treasury;
(7) the term ``servicer'' has the same meaning as in
section 129 of the Truth in Lending Act (15 U.S.C. 1639a)
(relating to the duties of servicers of residential mortgages),
as added by section 201(b) of the Helping Families Save Their
Homes Act of 2009 (Public Law 111-22; 123 Stat. 1638);
(8) the term ``servicer incentive payment'' means a payment
that is made by the Secretary to a servicer--
(A) in exchange, or as an incentive, for making a
loan modification under a home loan modification
program; and
(B) at the time the servicer makes an offer of a
trial or permanent modification to a homeowner; and
(9) the term ``trial loan modification'' means any
agreement reached between a homeowner and a servicer on a
temporary basis, as determined by the Secretary, under a home
loan modification program.
SEC. 3. FORECLOSURE.
A servicer may not initiate or continue a foreclosure proceeding
with respect to the mortgage of a homeowner if--
(1) the homeowner submitted an application for a loan
modification under a home loan modification program--
(A) before receiving a notice of foreclosure from
the servicer; or
(B) not later than 30 days after the homeowner
received a notice of foreclosure from the servicer; and
(2) the servicer has not made a determination, as described
in section 5(a) that the homeowner does not qualify for a loan
modification under a home loan modification program.
SEC. 4. PROCESS FOR REVIEW OF IMPROPER DENIALS.
(a) Process for Review.--
(1) In general.--The Secretary shall establish a process by
which a homeowner may request the Secretary to review a denial
by a servicer of an application by the homeowner for a trial
loan modification or permanent loan modification.
(2) Qualified counselors.--The process established under
paragraph (1) shall include the use of qualified counselors to
report wrongful denials of trial loan modifications and
permanent loan modifications.
(3) Supporting documentation.--The Secretary shall require
a servicer to submit supporting documentation with respect to
any denial by the servicer of an application by a homeowner for
a trial loan modification or permanent loan modification that
is reviewed by the Secretary under the process established
under paragraph (1).
(b) Penalties.--If the Secretary determines after a review under
the process established under subsection (a) that a servicer has
wrongly denied the application of a homeowner for a trial loan
modification or a permanent loan modification, the Secretary shall
impose a penalty on the servicer.
SEC. 5. PENALTIES FOR SERVICERS THAT DO NOT TIMELY EVALUATE HOMEOWNERS.
(a) Time for Evaluation of Homeowners.--Not later than 3 months
after the date on which a homeowner submits an application for a loan
modification to a servicer that participates in a home loan
modification program, the servicer shall--
(1) evaluate the application of the homeowner; and
(2) notify the homeowner that--
(A) the homeowner is qualified for a trial loan
modification or a permanent loan modification under the
home loan modification program; or
(B) the servicer has denied the application.
(b) Priority for Evaluating Amendments.--
(1) Priority.--A servicer that participates in a home loan
modification program shall evaluate the applications of
homeowners for loan modifications in the order in which the
servicer receives the applications.
(2) Prohibition.--A servicer that participates in a home
loan modification program may not select the order in which the
applications of homeowners are evaluated for loan
modifications--
(A) on the basis of--
(i) the income of the homeowner that made
the application; or
(ii) the value of the loan for which a
modification is requested; or
(B) for any reason other than the time at which the
servicer receives the applications.
(c) Late Fees for Servicers.--
(1) Reduced servicer incentive payments for loans
individual homeowners.--The Secretary shall reduce the amount
of any servicer incentive payment with respect to the loan
modification of an individual homeowner by 10 percent for each
full month that--
(A) follows the date that is 3 months after the
date on which the homeowner submits an application for
a loan modification to the servicer; and
(B) precedes the date on which the servicer
notifies the homeowner under subsection (a)(2).
(2) Reduced payments for all loans.--If the Secretary
determines that, on the date that is 3 months after the date of
enactment of this Act, less than 75 percent of all homeowners
who applied to a servicer for loan modifications under a home
loan modification program have been evaluated within 3 months
of the date of the application, the Secretary shall reduce by
25 percent the amount of any servicer incentive payment the
servicer would otherwise be eligible to receive under the home
loan modification program.
(d) Delinquency Fees Charged to Homeowners.--No servicer may impose
a fee on a homeowner due to delinquency during the period beginning on
the date on which the homeowner submits an application to the servicer
for a loan modification and ending on the date on which the homeowner
receives notice under subsection (a)(2).
(e) Collection and Report of Data.--
(1) Collection of data.--Each servicer shall report to the
Secretary, at such time and in such manner as the Secretary may
determine, data relating to the processing by the servicer of
applications for loan modifications.
(2) Report of data.--The Secretary shall publish a monthly
report containing the data collected under paragraph (1).
SEC. 6. REDUCED PAYMENTS FOR FAILURE TO EVALUATE HOMEOWNERS FOR
PERMANENT MODIFICATIONS.
If the Secretary determines that, on the date that is 3 months
after the date of enactment of this Act, less than 70 percent of all
covered trial loan modifications offered by a servicer have been
evaluated for conversion to permanent loan modifications before the
date that is 3 months after the date on which the servicer and the
homeowner entered into an agreement for a trial loan modification, the
Secretary shall reduce by 25 percent the amount of any servicer
incentive payment the servicer would otherwise be eligible to receive
under the home loan modification program. Such reduction shall be in
addition to any other reduction in payment that may have been imposed
on the servicer for any other violation of this Act.
SEC. 7. RULE OF CONSTRUCTION RELATING TO PAYMENTS TO HOMEOWNERS.
Nothing in this Act may be construed to require a reduction of a
payment by the Secretary made on behalf or for the benefit of a
homeowner in connection with a loan modification. | Mortgage Modification Reform Act of 2010 - Prohibits a residential mortgage servicer from initiating or continuing a foreclosure on a homeowner's mortgage if: (1) the homeowner applied for a loan modification under a home loan modification program either before receiving notice of the foreclosure or within 30 days after receiving it; and (2) the servicer has not yet determined that the homeowner does not qualify under a home loan modification program.
Directs the Secretary of the Treasury to establish a process by which a homeowner may request review of a servicer's denial of an application for either a trial or a permanent loan modification.
Subjects servicers to administrative penalties for wrongful denial of a loan modification application.
Requires servicers to evaluate loan applications in the order received, and to notify the homeowner within three months after the date of application submission.
Requires the Secretary to reduce servicer incentive payments for tardy evaluations by servicers of loan modification applications.
Prohibits servicers from imposing a delinquency fee upon homeowners while the loan modification application is pending. | {"src": "billsum_train", "title": "A bill to establish penalties for servicers that fail to timely evaluate the applications of homeowners under home loan modification programs."} | 1,819 | 242 | 0.628097 | 1.748004 | 0.780365 | 2.824742 | 8.381443 | 0.876289 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) One of the legacies of the horrific attacks of
September 11, 2001, is the greatly enhanced need for security
of the homeland. Meeting this need has imposed serious stresses
on government agencies at all levels and entities whose primary
task is protection of the Nation's key assets and the life,
health, and property of its populace.
(2) President Bush stated, in a February 2003 report titled
``The National Strategy for the Physical Protection of Critical
Infrastructures and Key Assets'' (in this section referred to
as the ``Report''), that there is an increased need to assess
the Nation's vulnerabilities and to provide additional security
for its key assets. Providing such security will require
increased cooperation between Government and the private
sector.
(3) The Report also recognized that terrorists, in the
pursuit of their long-term, strategic objectives, will likely
continue to attack critical infrastructures and key assets, the
vast majority of which are owned and operated by the private
sector.
(4) Because of enhanced security needs, the use of private
security companies in guarding the Nation's key assets and the
life, health, and property of its populace has increased
significantly since September 11, 2001, and will continue to do
so.
(5) Also because of the enhanced security needs, businesses
generally have increased their security efforts and the number
of internal employees dedicated to securing their facilities.
(6) As reliance on private security companies to guard the
Nation's key assets and to protect the life, health, and
property of its populace continues to grow, the hiring and
placement decisions of these companies--which employ more than
500,000 private security officers nationwide--have become
critical, as they determine which individuals will protect the
Nation and have access to its key assets. Similarly, businesses
providing their own internal security services have experienced
a heightened need to improve their internal security measures
and to obtain more information about the individuals who
provide their internal security. It has, therefore, become
imperative that companies employing or hiring security
personnel have access to and be permitted to use a criminal
background checking system that is efficient, inclusive,
nationwide in scope, dependable, and technologically advanced,
so as to minimize the occurrence of dangerous if not disastrous
placement and hiring decisions.
(7) Companies cannot properly and effectively evaluate
their prospective and current employees providing private
security services without access to the criminal history
records available through the National Crime Information Center
(in this section referred to as ``NCIC''). Access to the NCIC
for the purpose of reviewing the background of current and
prospective employees is currently enjoyed by the banking
industry, the nuclear power industry, public housing
authorities, and others and should be made available to private
security companies and to businesses providing their own
security so that they can safely and effectively partner with
Federal, State, and local governments in the effort to protect
the homeland.
(8) Given its critical role in the security of the
homeland, the Department of Homeland Security, working in
conjunction with the Department of Justice, is best suited to
act as the clearinghouse for obtaining and disseminating NCIC
criminal history records for the purposes set forth in this
section.
SEC. 3. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Covered employee.--The term ``covered employee'' means
any individual, other than an active law enforcement officer
for any governmental unit, who is--
(A) employed by, or seeking employment with, a
nongovernmental company that provides security guard
services; or
(B) employed as an internal security employee by,
or seeking employment as an internal security employee
with, a nongovernmental company that has more than 50
employees, of which 3 or more are internal security
employees.
(2) Covered employer.--The term ``covered employer''
means--
(A) any nongovernmental company that--
(i) provides security guard services;
(ii) for each jurisdiction in which it
provides such services, is licensed by such
jurisdiction to provide such services, to the
extent such jurisdiction permits or requires it
to be so licensed; and
(iii) provides such services--
(I) in interstate or foreign
commerce;
(II) at any site where there is
located any element of the Federal
Government; or
(III) for any person engaged in
interstate or foreign commerce; or
(B) any nongovernmental company that--
(i) has more than 50 employees, of which 3
or more are internal security employees;
(ii) for each jurisdiction in which it
provides internal security services with
respect to itself, is licensed by such
jurisdiction to provide such services, to the
extent such jurisdiction permits or requires it
to be so licensed; and
(iii) is either engaged in interstate or
foreign commerce or provides any product or
service to any element of the Federal
Government.
(3) Internal security employee.--The term ``internal
security employee'' means an employee whose primary
responsibility is to provide internal security with respect to
the company employing such employee.
(4) NCIC.--The term ``NCIC'' means the National Crime
Information Center of the Department of Justice.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) State.--The term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
SEC. 4. AUTHORITY TO RECEIVE NCIC INFORMATION.
(a) In General.--Subject to the other provisions of this section,
the Secretary shall, upon receipt of a request by a covered employer
with respect to a covered employee, provide for an NCIC criminal
history records check with respect to that covered employee and provide
the results of that check to that covered employer.
(b) Fingerprints.--A request under subsection (a) shall include the
fingerprints of the covered employee, which shall be submitted
electronically to the Secretary. The Secretary shall transmit those
fingerprints to the Attorney General. To assist the Secretary in
complying with subsection (a), the Attorney General shall,
notwithstanding any other provision of law, provide for--
(1) an NCIC criminal history records check to be carried
out with respect to that covered employee; and
(2) the results of that check to be transmitted to the
Secretary.
(c) Fee.--The Secretary may, by regulation, establish and collect a
reasonable fee for responding to a request under subsection (a).
SEC. 5. USE OF NCIC INFORMATION BY COVERED EMPLOYERS.
(a) Prohibition.--A covered employer may not employ a covered
employee to provide any security service or function unless--
(1) the covered employer first obtains the results of an
NCIC criminal history records check with respect to that
covered employee; and
(2) neither the results of that check, nor any other
information made available to the covered employer, indicate
that the covered employee has any unpardoned conviction under
any Federal or State law of any felony or any one or more of
the following offenses:
(A) Illegally using, carrying, or possessing any
firearm or other dangerous weapon.
(B) Making or possessing any burglar's instrument.
(C) Buying or receiving stolen property.
(D) Unlawful entry of a building.
(E) Aiding escape from prison.
(F) Unlawfully possessing or distributing any
illegal narcotic drug.
(G) Picking a pocket or attempting to do so.
(H) Recklessly endangering another person.
(I) Making any terroristic threat.
(J) Assaulting another person.
(b) Limitation.--Nothing in this section prevents a covered
employer from making any use in its employment decisions of any such
check or any other information, except to the extent that section 7 or
8 of this Act prohibit such use.
(c) Delayed Applicability for Current Employees.--In the case of a
covered employee who is, on the date of the enactment of this Act,
employed by a covered employer to provide a security service or
function, the prohibition in subsection (a) shall not apply until--
(1) the date that is 6 months after the date of the
enactment of this Act; or
(2) a later date specified by the Secretary, for any case
in which the Secretary certifies that the results of the
records check could not be obtained within 6 months after the
date of the enactment of this Act despite the exercise of
reasonable diligence on the part of both the employee and the
employer.
SEC. 6. EMPLOYEE RIGHTS.
(a) Written Consent.--A covered employer may not make a request
under section 4(a) with respect to a covered employee, or obtain the
fingerprints under section 4(b) of a covered employee, without the
written consent of that employee.
(b) Frequency of Requests.--A covered employer that makes a request
under section 4(a) with respect to a covered employee and thereafter
employs that employee for a continuous period may not make another such
request with respect to such employee unless--
(1) such request is made at least 12 months after the
previous request; or
(2) good cause exists.
(c) Accuracy and Completeness.--The Secretary shall provide each
covered employee subject to a request under section 4(a) with the
opportunity to provide to the NCIC information concerning the accuracy
or completeness of the results of the check.
SEC. 7. RECORDS MANAGEMENT.
A covered employer receiving any information under section 4 shall
ensure that such information is--
(1) maintained confidentially;
(2) not misused or disseminated to any person not involved
in the employment decision with respect to the covered
employee; and
(3) destroyed, upon deciding whether to employ or continue
to employ the covered employee or upon the passage of 180 days
after the receipt of such information, whichever occurs first.
SEC. 8. USE OF INFORMATION BY DEPARTMENT OF HOMELAND SECURITY.
In carrying out this Act, the Secretary shall establish procedures
to ensure that the Department of Homeland Security uses the results of
checks carried out under section 4 in a manner that--
(1) limits the dissemination of such results outside the
Department only to the covered employer;
(2) ensures that such results are used only for the purpose
of determining the suitability of a covered employee for
employment in the private security field; and
(3) protects covered employees from misuse of such results.
SEC. 9. REGULATIONS.
The Secretary shall prescribe regulations to carry out this Act.
SEC. 10. CRIMINAL PENALTIES.
Any person who knowingly and intentionally uses any information
obtained pursuant to this Act for a purpose other than the purpose of
determining the suitability of a covered employee for employment in the
private security field shall be imprisoned not more than 2 years or
fined under title 18, United States Code, or both. | Private Security Enhancement Act - Directs the Secretary of Homeland Security, upon request by a covered employer (certain non-governmental companies that provide security guard services or that have more than 50 employees of which at least three are internal security employees), to provide for a National Crime Information Center (NCIC) criminal history records check on a current or prosepective security employee. Requires such request to include fingerprints of the employee.
Prohibits such an employer from employing such an employee to provide any security service or function unless: (1) the employer first obtains the results of an NCIC criminal history records check; and (2) neither the results of that check nor any other information made available to the employer indicate that the employee has any unpardoned conviction under Federal or State law of any felony or of specified offenses.
Prohibits such an employer from making such a request without the employee's consent. Requires an employer to ensure that information received under this Act is maintained confidentially, not misused, and destroyed within a specified time. Directs the Secretary to establish procedures to ensure that the Department of Homeland Security properly uses the results.
Sets penalties for knowingly and intentionally using any information obtained pursuant to this Act for a purpose other than that of determining suitability for employment. | {"src": "billsum_train", "title": "To strengthen the Nation's ability to protect its key assets and the life, health, and property of its populace by granting providers of private security services access to the criminal history records available through the National Crime Information Center in connection with their employees and prospective employees, requiring such providers to employ only those employees who pass criminal history records checks, to protect against unauthorized use of such records, and for other purposes."} | 2,378 | 282 | 0.35946 | 1.161308 | 1.013202 | 3.526749 | 9.423868 | 0.950617 |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Women Vietnam
Veterans' Children's Birth Defects Benefits Act.''
(b) References to Title 38, United States Code.--Except as
otherwise expressly provided, whenever in this Act an amendment or
repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
SEC. 2. BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO SUFFER FROM
BIRTH DEFECTS.
Chapter 18 is amended--
(1) by inserting before section 1801 the following:
``SUBCHAPTER I--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN
WITH SPINA BIFIDA'';
(2) by inserting after section 1805 the following new
subchapters:
``SUBCHAPTER II--BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO
SUFFER FROM BIRTH DEFECTS
``Sec. 1811. Definitions
``For the purposes of this subchapter--
``(1) The term `child' means a natural child of a woman
Vietnam veteran, regardless of the child's age or marital
status, who was conceived after the date on which the woman
Vietnam veteran first entered the Republic of Vietnam during
the Vietnam era.
``(2) The term `woman Vietnam veteran' means a woman who
performed active military, naval, or air service in the
Republic of Vietnam during the Vietnam era, without regard to
the characterization of the individual's service.
``Sec. 1812. Covered birth defects
``(a) This subchapter applies with respect to any birth defect,
other than spina bifida, which results in a permanent physical or
mental disability, except for a birth defect determined by the
Secretary to result from a familial disorder, birth-related injury, or
fetal or neonatal infirmity with well-established causes. A birth
defect to which this subchapter applies pursuant to the preceding
sentence is referred to in this subchapter as a `covered birth defect'.
``(b) Where affirmative evidence establishes that a particular
birth defect suffered by an individual resulted from a cause other than
the service of the individual's mother in the Republic of Vietnam
during the Vietnam era, the provision of health care or other benefits
under this subchapter is not authorized.
``Sec. 1813. Health care
``(a) In accordance with regulations the Secretary shall prescribe,
the Secretary shall provide a child of a woman Vietnam veteran who is
suffering from a covered birth defect with such health care as the
Secretary determines is needed by the child for the birth defect or any
disability that is associated with such condition.
``(b) The Secretary may provide health care under this section
directly or by contract or other arrangement with any health care
provider.
``(c) For the purposes of this section--
``(1) The term `health care'--
``(A) means home care, hospital care, nursing home
care, outpatient care, preventive care, habilitative
and rehabilitative care, case management, and respite
care; and
``(B) includes--
``(i) the training of appropriate members
of a child's family or household in the care of
the child; and
``(ii) the provision of such
pharmaceuticals, supplies, equipment, devices,
appliances, assistive technology, direct
transportation costs to and from approved
sources of health care, and other materials as
the Secretary determines necessary.
``(2) The term `health care provider' includes health care
plans, insurers, organizations, institutions, and any other
entity or individual furnishing health care services that the
Secretary determines are authorized under this section.
``(3) The term `home care' means outpatient care,
habilitative and rehabilitative care, preventive health
services, and health-related services furnished to an
individual in the individual's home or other place of
residence.
``(4) The term `hospital care' means care and treatment for
a disability furnished to an individual who has been admitted
to a hospital as a patient.
``(5) The term `nursing home care' means care and treatment
for a disability furnished to an individual who has been
admitted to a nursing home as a resident.
``(6) The term `outpatient care' means care and treatment
of a disability, and preventive health services, furnished to
an individual other than hospital care or nursing home care.
``(7) The term `preventive care' means care and treatment
furnished to prevent disability or illness, including periodic
examinations, immunizations, patient health education, and such
other services as the Secretary determines necessary to provide
effective and economical preventive health care.
``(8) The term `habilitative and rehabilitative care' means
such professional, counseling, and guidance services and
treatment programs (other than vocational training under
section 1804 or 1814 of this title) as are necessary to
develop, maintain, or restore, to the maximum extent
practicable, the functioning of a disabled person.
``(9) The term `respite care' means care furnished on an
intermittent basis for a limited period to an individual who
resides primarily in a private residence when such care will
help the individual to continue residing in such private
residence.
``Sec. 1814. Vocational training and rehabilitation
``(a) Pursuant to such regulations as the Secretary may prescribe,
the Secretary may provide vocational training under this section to a
child of a woman Vietnam veteran who is suffering from a covered birth
defect if the Secretary determines that the achievement of a vocational
goal by such child is reasonably feasible.
``(b) A program of vocational training for a child under this
section shall be provided to the same extent and in the same manner as
a program provided under section 1804 of this title to a child of a
Vietnam veteran who is suffering from spina bifida and shall be subject
to the same terms, conditions, and limitations set forth in that
section.
``Sec. 1815. Monetary allowance
``(a) The Secretary shall pay a monthly allowance under this
subchapter to any child of a woman Vietnam veteran who suffers from a
disability resulting from a covered birth defect which results in
permanent impairment of a physical or mental function in such child.
``(b)(1) The amount of the allowance paid under this section shall
be based on the degree of disability suffered by a child, as determined
in accordance with such schedule for rating disabilities resulting from
covered birth defects as the Secretary may prescribe.
``(2) The Secretary shall, in prescribing the rating schedule for
the purposes of this section, establish four levels of disability upon
which the amount of the allowance provided by this section shall be
based. The levels of disability established shall take into account
functional limitations, including limitations on cognition,
communication, motor abilities, activities of daily living, and
employability.
``(3) The amounts of the monthly allowance shall be as follows:
``(A) For the lowest level of disability prescribed, $100.
``(B) For the first intermediate level of disability
prescribed, the greater of $214 or the rate payable for the
lowest level of disability under section 1805(b)(3) of this
title.
``(C) For the second intermediate level of disability
prescribed, the greater of $743 or the rate payable for the
intermediate level of disability under section 1805(b)(3).
``(D) For the highest level of disability prescribed, the
greater of $1,272 or the rate payable for the highest level of
disability under section 1805(b)(3) of this title.
Such amounts are subject to adjustment under section 5312 of this
title.
``SUBCHAPTER III--GENERAL'';
(3) by redesignating section 1806 as section 1821; and
(4) by adding at the end the following:
``Sec. 1822. Effect of monetary allowance under this chapter on other
benefits
``(a) Notwithstanding any other provision of law, receipt by an
individual of an allowance under this chapter shall not impair,
infringe, or otherwise affect the right of the individual to receive
any other benefit to which the individual may otherwise be entitled
under any law administered by the Secretary, nor shall receipt of such
an allowance impair, infringe, or otherwise affect the right of any
other individual to receive any benefit to which that individual is
entitled under any law administered by the Secretary that is based on
that individual's relationship to an individual who receives an
allowance under this chapter.
``(b) Notwithstanding any other provision of law, the allowance
paid to an individual under this chapter shall not be considered to be
income or resources in determining eligibility for or the amount of
benefits under any Federal or federally assisted program.
``Sec. 1823. Nonduplication of benefits
``(a) An individual who is entitled to a monthly allowance under
both subchapter I and subchapter II of this chapter may not receive
such benefit under each subchapter concurrently, but shall elect (in
such form and manner as the Secretary may prescribe) under which
subchapter to receive such benefit.
``(b) An individual may not be provided more than one program of
vocational training under this chapter.''.
SEC. 3. CLERICAL AND CONFORMING AMENDMENTS.
(a) Chapter Heading.--(1) The heading of chapter 18 is amended to
read as follows:
``CHAPTER 18--BENEFITS FOR CERTAIN CHILDREN OF VIETNAM VETERANS''.
(2) The item relating to chapter 18 in the tables of chapters
before part I and at the beginning of part II is amended to read as
follows:
``18. Benefits for Certain Children of Vietnam Veterans..... 1801''.
(b) Amendments to Chapter 18.--Chapter 18 is amended--
(1) by striking ``chapter'' in sections 1801 and 1802 and
inserting ``subchapter'';
(2) by striking ``section 1804'' in section 1803(c)(8) and
inserting ``either section 1804 or 1814''; and
(3) in section 1805--
(A) by striking ``chapter'' and inserting
``subchapter''; and
(B) by striking subsections (c) and (d).
(c) Other Amendments.--Section 5312 is amended--
(1) in subsection (a), by striking ``section 1805'' and
inserting ``sections 1805 and 1815''; and
(2) in subsection (c)(1), by striking ``and 1805'' and
inserting ``1805, and 1815''.
(d) Table of Sections.--The table of sections at the beginning of
chapter 18 is amended--
(1) by inserting at the beginning the following:
``SUBCHAPTER I--BENEFITS FOR CHILDREN OF VIETNAM VETERANS WHO ARE BORN
WITH SPINA BIFIDA'';
(2) by striking the item relating to section 1806; and
(3) by adding at the end the following:
``SUBCHAPTER II--BENEFITS FOR CHILDREN OF WOMEN VIETNAM VETERANS WHO
SUFFER FROM BIRTH DEFECTS
``1811. Definitions.
``1812. Covered birth defects.
``1813. Health care.
``1814. Vocational training and rehabilitation.
``1815. Monetary allowance.
``SUBCHAPTER III--GENERAL
``1821. Applicability of certain administrative provisions.
``1822. Effect of monetary allowance under this chapter on other
benefits.
``1823. Nonduplication of benefits.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the later of
October 1, 2000, or the first day of the first month beginning after
the date of the enactment of this Act. | Directs the Secretary to pay a monthly allowance, based on the degree of disability, to any child of a woman Vietnam veteran who suffers from a disability resulting from a covered birth defect which results in permanent impairment of a physical or mental function. Prohibits such allowance from affecting the right to receive other veterans' benefits or compensation. | {"src": "billsum_train", "title": "Women Vietnam Veterans' Children's Birth Defects Benefits Act"} | 2,765 | 77 | 0.554473 | 1.346174 | 0.989782 | 5.825397 | 39.079365 | 0.936508 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Commission on
International Religious Freedom Reform and Reauthorization Act of
2011''.
SEC. 2. ESTABLISHMENT AND COMPOSITION.
(a) Terms.--Section 201(c) of the International Religious Freedom
Act of 1998 (22 U.S.C. 6431(c)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) In general.--The term of office of each member of the
Commission shall be 2 years. An individual, including any member
appointed to the Commission prior to the date of the enactment of
the United States Commission on International Religious Freedom
Reform and Reauthorization Act of 2011, shall not serve more than 2
terms as a member of the Commission under any circumstance. For any
member serving on the Commission on such date who has completed at
least 2 full terms on the Commission, such member's term shall
expire 90 days after such date. A member of the Commission may not
serve after the expiration of that member's term.''; and
(2) by adding at the end the following new paragraph:
``(3) Ineligibility for reappointment.--If a member of the
Commission attends, by being physically present or by conference
call, less than 75 percent of the meetings of the Commission during
one of that member's terms on the Commission, the member shall not
be eligible for reappointment to the Commission.''.
(b) Election of Chair.--Section 201(d) of the International
Religious Freedom Act of 1998 (22 U.S.C. 6431(d)) is amended by
inserting at the end the following: ``No member of the Commission is
eligible to be elected as Chair of the Commission for a second,
consecutive term.''.
(c) Application of Federal Travel Regulation and Department of
State Standardized Regulations to the Commission.--Section 201(i) of
the International Religious Freedom Act of 1998 (22 U.S.C. 6431(i)) is
amended by adding at the end the following: ``Members of the Commission
are subject to the requirements set forth in chapters 300 through 304
of title 41, Code of Federal Regulations (commonly known as the
`Federal Travel Regulation') and the Department of State Standardized
Regulations governing authorized travel at government expense,
including regulations concerning the mode of travel, lodging and per
diem expenditures, reimbursement payments, and expense reporting and
documentation requirements.''.
SEC. 3. APPLICATION OF ANTIDISCRIMINATION LAWS.
(a) In General.--Section 204 of the International Religious Freedom
Act of 1998 (22 U.S.C. 6432b) is amended by inserting after subsection
(f) the following new subsection:
``(g) Application of Antidiscrimination Laws.--For purposes of
providing remedies and procedures to address alleged violations of
rights and protections that pertain to employment discrimination,
family and medical leave, fair labor standards, employee polygraph
protection, worker adjustment and retraining, veterans' employment and
reemployment, intimidation or reprisal, protections under the Americans
with Disabilities Act of 1990, occupational safety and health, labor-
management relations, and rights and protections that apply to
employees whose pay is disbursed by the Secretary of the Senate or the
Chief Administrative Officer of the House of Representatives, all
employees of the Commission shall be treated as employees whose pay is
disbursed by the Secretary of the Senate or the Chief Administrative
Officer of the House of Representatives and the Commission shall be
treated as an employing office of the Senate or the House of
Representatives.''.
(b) Pending Claims.--Any administrative or judicial claim or action
pending on the date of the enactment of this Act may be maintained
under section 204(g) of the International Religious Freedom Act of
1998, as added by subsection (a).
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 207(a) of the International Religious Freedom Act of 1998
(22 U.S.C. 6435(a)) is amended by striking ``for the fiscal year 2003''
and inserting ``for each of the fiscal years 2012 through 2014''.
SEC. 5. STANDARDS OF CONDUCT AND DISCLOSURE.
Section 208 of the International Religious Freedom Act of 1998 (22
U.S.C. 6435a) is amended--
(1) in subsection (c)(1), by striking ``$100,000'' and
inserting ``$250,000''; and
(2) in subsection (e), by striking ``International Relations''
and inserting ``Foreign Affairs''.
SEC. 6. TERMINATION.
Section 209 of the International Religious Freedom Act of 1998 (22
U.S.C. 6436) is amended by striking ``September 30, 2011'' and
inserting ``September 30, 2014''.
SEC. 7. REPORT ON EFFECTIVENESS OF PROGRAMS TO PROMOTE RELIGIOUS
FREEDOM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
the implementation of this Act and the amendments made by this Act.
(b) Consultation.--The Comptroller General shall consult with the
appropriate congressional committees and nongovernmental organizations
for purposes of preparing the report.
(c) Matters To Be Included.--The report shall include the
following:
(1) A review of the effectiveness of all United States
Government programs to promote international religious freedom,
including their goals and objectives.
(2) An assessment of the roles and functions of the Office on
International Religious Freedom established in section 101(a) of
the International Religious Freedom Act of 1998 (22 U.S.C. 6411(a))
and the relationship of the Office to other offices in the
Department of State.
(3) A review of the role of the Ambassador at Large for
International Religious Freedom appointed under section 101(b) of
the International Religious Freedom Act of 1998 (22 U.S.C. 6411(b))
and the placement of such position within the Department of State.
(4) A review and assessment of the goals and objectives of the
United States Commission on International Religious Freedom
established under section 201(a) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6431(a)).
(5) A comparative analysis of the structure of the United
States Commission on International Religious Freedom as an
independent non-partisan entity in relation to other United States
advisory commissions, whether or not such commissions are under the
direct authority of Congress.
(6) A review of the relationship between the Ambassador at
Large for International Religious Freedom and the United States
Commission on International Religious Freedom, and possible reforms
that would improve the ability of both to reach their goals and
objectives.
(d) Definition.--In this section, the term ``appropriate
congressional committees'' has the meaning given the term in section 3
of the International Religious Freedom Act of 1998 (22 U.S.C. 6402).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was amended by the Senate on December 13, 2011. The summary of that version is repeated here.)
United States Commission on International Religious Freedom Reform and Reauthorization Act of 2011 - (Sec. 2) Amends the International Religious Freedom Act of 1998 to prohibit any individual (including members appointed prior to enactment of this Act) from serving more than two terms as a member of the U.S. Commission on International Religious Freedom.
Requires, for any member serving on the date of enactment of this Act who has completed at least two full terms, that such member's term expire 90 days after such enactment. Bars a member from serving after the expiration of that member's term.
Prohibits: (1) a member attending less than 75% of the meetings during one of such member's terms from being eligible for reappointment, and (2) a member from being eligible to be elected as Chair of the Commission for a second, consecutive term.
Subjects members to specified Department of State and federal travel regulations governing authorized travel at government expense.
(Sec. 3) Requires, for purposes of providing remedies and procedures to address alleged violations of rights and protections that pertain to various specified antidiscrimination laws, that all employees of the Commission be treated as employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives and that the Commission be treated as an employing office of the Senate or House.
Authorizes such treatment for any administrative or judicial claim or action pending on the date of enactment of this Act.
(Sec. 4) Authorizes appropriations of $3 million for each of FY2012-FY2014.
(Sec. 5) Increases to $250,000 the maximum amount the Commission may expend in any fiscal year to procure temporary or intermittent services contracts for the conduct of certain activities necessary to Commission functions.
(Sec. 6) Extends the Commission's termination date to September 30, 2014.
(Sec. 7) Directs the Comptroller General to: (1) review the effectiveness of federal programs to promote international religious freedom; (2) assess the roles and functions of the Office on International Religious Freedom, the relationship to other offices in the Department of State, and the role of the Ambassador at Large; (3) analyze the Commission's structure as an independent nonpartisan entity in relation to other U.S. advisory commissions; and (4) review the relationship between the Ambassador at Large and the Commission. | {"src": "billsum_train", "title": "To reauthorize the International Religious Freedom Act of 1998, and for other purposes."} | 1,606 | 557 | 0.647869 | 2.19367 | 0.531822 | 3.663934 | 2.858607 | 0.868852 |
TITLE I--REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION BOARD
SECTION 101. SHORT TITLE.
This title may be cited as the ``National Film Preservation Act of
2003''.
SEC. 102. REAUTHORIZATION AND AMENDMENT.
(a) Duties of the Librarian of Congress.--Section 103 of the
National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended:
(1) in subsection (b)--
(A) by striking ``film copy'' each place that term
appears and inserting ``film or other approved copy'';
(B) by striking ``film copies'' each place that
term appears and inserting ``film or other approved
copies''; and
(C) in the third sentence, by striking
``copyrighted'' and inserting ``copyrighted, mass
distributed, broadcast, or published''; and
(2) by adding at the end the following:
``(c) Coordination of Program With Other Collection, Preservation,
and Accessibility Activities.--In carrying out the comprehensive
national film preservation program for motion pictures established
under the National Film Preservation Act of 1992, the Librarian, in
consultation with the Board established pursuant to section 104,
shall--
``(1) carry out activities to make films included in the
National Film registry more broadly accessible for research and
educational purposes, and to generate public awareness and
support of the Registry and the comprehensive national film
preservation program;
``(2) review the comprehensive national film preservation
plan, and amend it to the extent necessary to ensure that it
addresses technological advances in the preservation and
storage of, and access to film collections in multiple formats;
and
``(3) wherever possible, undertake expanded initiatives to
ensure the preservation of the moving image heritage of the
United States, including film, videotape, television, and born
digital moving image formats, by supporting the work of the
National Audio-Visual Conservation Center of the Library of
Congress, and other appropriate nonprofit archival and
preservation organizations.''.
(b) National Film Preservation Board.--Section 104 of the National
Film Preservation Act of 1996 (2 U.S.C. 179n) is amended--
(1) in subsection (a)(1) by striking ``20'' and inserting
``22'';
(2) in subsection (a)(2) by striking ``three'' and
inserting ``5'';
(3) in subsection (d) by striking ``11'' and inserting
``12''; and
(4) by striking subsection (e) and inserting the following:
``(e) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.''.
(c) Responsibilities and Powers of Board.--Section 105(c) of the
National Film Preservation Act of 1996 (2 U.S.C. 179o) is amended by
adding at the end the following:
``(3) Review and approval of special foundation projects.--
The Board shall review special projects submitted for its
approval by the National Film Preservation Foundation under
section 151711 of title 36, United States Code.''.
(d) National Film Registry.--Section 106 of the National Film
Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the
end the following:
``(e) National Audio-Visual Conservation Center.--The Librarian
shall utilize the National Audio-Visual Conservation Center of the
Library of Congress at Culpeper, Virginia, to ensure that preserved
films included in the National Film Registry are stored in a proper
manner, and disseminated to researchers, scholars, and the public as
may be appropriate in accordance with--
``(1) title 17 of the United States Code; and
``(2) the terms of any agreements between the Librarian and
persons who hold copyrights to such audiovisual works.''.
(e) Use of Seal.--Section 107 (a) of the National Film Preservation
Act of 1996 (2 U.S.C. 179q) is amended--
(1) in paragraph (1), by inserting ``in any format'' after
``or any copy''; and
(2) in paragraph (2), by striking ``or film copy'' and
inserting ``in any format''.
(f) Effective Date.--Section 113 of the National Film Preservation
Act of 1996 (2 U.S.C. 179w) is amended by striking ``7'' and inserting
``17''.
TITLE II--REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION FOUNDATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Film Preservation
Foundation Reauthorization Act of 2003''.
SEC. 202. REAUTHORIZATION AND AMENDMENT.
(a) Board of Directors.--Section 151703 of title 36, United States
Code, is amended--
(1) in subsection (b)(2)(A), by striking ``nine'' and
inserting ``12''; and
(2) in subsection (b)(4), by striking the second sentence
and inserting ``There shall be no limit to the number of terms
to which any individual may be appointed.''.
(b) Powers.--Section 151705 of title 36, United States Code, is
amended in subsection (b) by striking ``District of Columbia'' and
inserting ``the jurisdiction in which the principal office of the
corporation is located''.
(c) Principal Office.--Section 151706 of title 36, United States
Code, is amended by inserting ``, or another place as determined by the
board of directors'' after ``District of Columbia''.
(d) Authorization of Appropriations.--Section 151711 of title 36,
United States Code, is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Library of Congress amounts necessary to carry out
this chapter, not to exceed $500,000 for each of the fiscal years 2004
and 2005, and not to exceed $1,000,000 for each of the fiscal years
2006 through 2013. These amounts are to be made available to the
corporation to match any private contributions (whether in currency,
services, or property) made to the corporation by private persons and
State and local governments.
``(b) Limitation Related to Administrative Expenses.--Amounts
authorized under this section may not be used by the corporation for
management and general or fundraising expenses as reported to the
Internal Revenue Service as part of an annual information return
required under the Internal Revenue Code of 1986.''.
(e) Cooperative Film Preservation.--
(1) In general.--Chapter 1517 of title 36, United States
Code, is amended--
(A) by redesignating sections 151711 and 151712 as
sections 151712 and 151713, respectively; and
(B) by adding at the end the following:
``Sec. 151711. Cooperative film preservation
``(a) Cooperative Film Preservation.--
``(1) In general.--The corporation shall design and support
cooperative national film preservation and access initiatives.
Such initiatives shall be approved by the corporation, the
Librarian of Congress, and the National Film Preservation Board
of the Library of Congress under section 105(c)(3) of the
National Film Preservation Act of 1996.
``(2) Scope.--Cooperative initiatives authorized under
paragraph (1) may include--
``(A) the repatriation and preservation of American
films that may be found in archives outside of the
United States;
``(B) the exhibition and dissemination via
broadcast or other means of `orphan' films;
``(C) the production of educational materials in
various formats to encourage film preservation,
preservation initiatives undertaken by 3 or more
archives jointly; and
``(D) other activities undertaken in light of
significant unfunded film preservation and access
needs.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Library of Congress amounts not to exceed $1,000,000 for
each of the fiscal years 2006 through 2013, to carry out the
purposes of this section.
``(2) Matching.--The amounts made available under paragraph
(1) are to be made available to the corporation to match any
private contributions (whether in currency, services, or
property) made to the corporation by private persons and State
and local governments.
``(3) Limitation related to administrative expenses.--
Amounts authorized under this section may not be used by the
corporation for management and general or fundraising expenses
as reported to the Internal Revenue Service as part of an
annual information return required under the Internal Revenue
Code of 1986.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 1517 of title 36, United States Code, is
amended by striking the matter relating to section 151711 and
151712 and inserting the following:
``151711. Cooperative film preservation.
``151712. Authorization of appropriations.
``151713. Annual report.''. | National Film Preservation Act of 2003 - Amends the National Film Preservation Act of 1996 to reauthorize appropriations to the Library of Congress for the National Film Preservation Board.
Directs the Librarian of Congress to: (1) coordinate the national film preservation program with other collection, preservation, and accessibility activities; and (2) the National Audio-Visual Conservation Center of the Library of Congress at Culpeper, Virginia, to ensure that preserved films included in the National Film Registry are stored in a proper manner, and disseminated to researchers, scholars, and the public as may be appropriate in accordance with U.S. copyright law and the terms of any agreements between the Librarian and persons who hold copyrights to such audiovisual works.
Directs the Board to review special projects submitted for its approval by the National Film Preservation Foundation.
National Film Preservation Foundation Reauthorization Act of 2003 - Amends specified Federal law to reauthorize appropriations to the Library of Congress for the National Film Preservation Foundation.
Allows the Foundation's board of directors to determine the location of its principal office.
Directs the Foundation to design and support cooperative film preservation and access initiatives, with the approval of the Librarian and the Board. | {"src": "billsum_train", "title": "To reauthorize and amend the National Film Preservation Act of 1996."} | 2,076 | 261 | 0.625409 | 1.61343 | 0.803368 | 5.248889 | 8.222222 | 0.92 |
SECTION 1. CONVEYANCE OF SAINT HELENA ISLAND LIGHT STATION.
(a) Authority to Convey.--
(1) In general.--The Secretary of Transportation (referred
to in this section as the ``Secretary'') shall convey to the
Great Lakes Lighthouse Keepers Association by an appropriate
means of conveyance, all right, title, and interest of the
United States in and to the property comprising the Saint
Helena Island Light Station, located in Mackinac County, Moran
Township, Michigan.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
pursuant to this section.
(b) Terms of Conveyance.--
(1) In general.--A conveyance of property pursuant to this
section shall be made--
(A) without the payment of consideration; and
(B) subject to such terms and conditions as the
Secretary may consider appropriate.
(2) Reversionary interest.--In addition to any term or
condition established pursuant to paragraph (1), any conveyance
of property comprising the Saint Helena Island Light Station
pursuant to subsection (a) shall be subject to the condition
that all right, title, and interest in and to the property so
conveyed shall immediately revert to the United States if the
property, or any part thereof--
(A) ceases to be used as a nonprofit center for the
interpretation and preservation of maritime history;
(B) ceases to be maintained in a manner that
ensures its present or future use as a Coast Guard aid
to navigation; or
(C) ceases to be maintained in a manner consistent
with the provisions of the National Historic
Preservation Act (16 U.S.C. 470 et seq.).
(3) Maintenance of navigation functions.--Any conveyance of
property pursuant to this section shall be subject to such
conditions as the Secretary considers to be necessary to ensure
that--
(A) the light, antennas, sound signal, and
associated lighthouse equipment located on the property
conveyed, which are active aids to navigation, shall
continue to be operated and maintained by the United
States for as long as they are needed for this purpose;
(B) the Great Lakes Lighthouse Keepers Association,
or any successors or assigns, may not interfere or
allow interference in any manner with such aids to
navigation without express written permission from the
United States;
(C) there is reserved to the United States the
right to relocate, replace, or add any aids to
navigation, or make any changes to the Saint Helena
Island Light Station, that may be necessary for
navigation purposes;
(D) the United States shall have the right, at any
time, to enter the property conveyed without notice for
the purpose of maintaining the navigation aids in use
on the property;
(E) the United States shall have an easement of
access to such property for the purpose of maintaining
such navigational aids; and
(F) the Saint Helena Island Light Station shall
revert to the United States at the end of the 30-day
period beginning on any date on which the Secretary of
Transportation provides written notice to the Great
Lakes Lighthouse Keepers Association, or any successor
or assign, that the Saint Helena Island Light Station
is needed for national security purposes.
(4) Maintenance of property.--Any conveyance of property
under this section shall be subject to the condition that the
Great Lakes Lighthouse Keepers Association, or any successor or
assign, shall maintain the Saint Helena Island Light Station in
accordance with the provisions of the National Historic
Preservation Act and other applicable laws.
(5) Obligation limitation.--The Great Lakes Lighthouse
Keepers Association, or any successors or assigns, shall not
have any obligation to maintain any active aid to navigation
equipment on the property conveyed pursuant to this section.
(c) Saint Helena Island Light Station Defined.--For purposes of
this section, the term ``Saint Helena Island Light Station'' means the
Coast Guard property and improvements known as the ``Saint Helena
Island Light Station'' located in Mackinac County, Moran Township,
Michigan. Such term does not include any historical artifact, including
any lens or lantern, located on the property at or before the time of
conveyance. | Directs the Secretary of Transportation to convey all right, title, and interest of the United States in the Saint Helena Island Station, Mackinac County, Moran Township, Michigan, to the Great Lakes Lighthouse Keepers Association. Subjects such conveyance to the condition that the station maintain its navigational functions. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to convey the Saint Helena Island Light Station to the Great Lakes Lighthouse Keepers Association."} | 917 | 67 | 0.662542 | 1.903929 | 1.246631 | 4.142857 | 15.196429 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Benefit Integrity Act''.
SEC. 2. PROVISION OF AID TO FAMILIES WITH DEPENDENT CHILDREN ONLY TO
CITIZENS AND NATIONALS OF THE UNITED STATES.
(a) In General.--Section 402(a) of the Social Security Act (42
U.S.C. 602(a)) is amended--
(1) by striking ``and'' at the end of paragraph (44);
(2) by striking the period at the end of paragraph (45) and
inserting ``; and''; and
(3) by inserting after paragraph (45) the following:
``(46) provide that--
``(A) aid under the State plan shall not be payable
to any family that applies therefor and does not
include a citizen or national of the United States; and
``(B) the amount of aid payable under the State
plan to any family that is a recipient thereof and does
not include a citizen or national of the United States
shall, notwithstanding any other provision of this
part, be reduced each year (but not below zero) by a
dollar amount equal to \1/3\ of the amount of such aid
as of the later of the effective date of this paragraph
or the first day the family does not include such a
citizen or national.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at the end of the 1-year period that begins with the date
of the enactment of this Act, and shall apply to payments under part A
of title IV of the Social Security Act for calendar quarters ending
after such 1-year period, without regard to whether regulations to
implement such amendments are promulgated by the end of such 1-year
period.
SEC. 3. PROVISION OF SUPPLEMENTAL SECURITY INCOME BENEFITS ONLY TO
CITIZENS AND NATIONALS OF THE UNITED STATES.
(a) In General.--Section 1614(a)(1) of the Social Security Act (42
U.S.C. 1382c(a)(1)) is amended by striking subparagraph (B)(i) and
inserting the following:
``(B)(i) is a citizen or national of the United States,
or''.
(b) Conforming Amendment.--Section 1621 of such Act (42 U.S.C.
1382j) is hereby repealed.
(c) Phase-Out of Benefits Currently Paid to Individuals Who Are Not
Citizens or Nationals.--Notwithstanding any other provision of law, any
individual who, on the date of the enactment of this Act, is not a
citizen or national of the United States and is receiving supplemental
security income benefits under title XVI of the Social Security Act
shall, for purposes of such title, be considered a citizen or national
of the United States during the 3-year period that begins with such
date of enactment, except that the benefits to which the individual
shall be entitled under such title shall be reduced by \1/3\ from the
level of such benefits as of such date of enactment, each year during
such 3-year period.
SEC. 4. USE OF ASSISTED HOUSING BY ALIENS.
Section 214 of the Housing and Community Development Act of 1980
(42 U.S.C. 1436a) is amended to read as follows:
``SEC. 214. RESTRICTION ON USE OF ASSISTED HOUSING.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development may not make financial
assistance available for the benefit of any individual after the
expiration of the 3-year period beginning on the date of the enactment
of the Federal Benefit Integrity Act unless the individual is a citizen
or national of the United States.
``(b) Prohibition of New Assistance.--Notwithstanding any other
provision of law, the Secretary of Housing and Urban Development may
not make financial assistance available for the benefit of any
individual who is not a citizen or national of the United States after
the expiration of the 1-year period beginning on the date of the
enactment of the Federal Benefit Integrity Act unless such individual
is receiving financial assistance on such date.
``(c) Definition of Financial Assistance.--For purposes of this
section, the term `financial assistance' means financial assistance
made available pursuant to the United States Housing Act of 1937,
section 235 or 236 of the National Housing Act, or section 101 of the
Housing and Urban Development Act of 1965.
``(d) Discretionary Continuation of Financial Assistance.--If,
following completion of the applicable hearing process, financial
assistance for any individual receiving such assistance on the date
referred to in subsection (a) is to be terminated, the public housing
agency or other local governmental entity involved (in the case of
public housing or assistance under section 8 of the United States
Housing Act of 1937) or the Secretary of Housing and Urban Development
(in the case of any other financial assistance) may, in its discretion,
take one of the following actions:
``(1) Continued provision of assistance.--Permit the
continued provision of financial assistance, if necessary to
avoid the division of a family in which the head of household
or spouse is a citizen or national of the United States.
``(2) Deferred termination of assistance.--Defer the
termination of financial assistance, if necessary to permit the
orderly transition of the individual and any family members
involved to other affordable housing, except that--
``(A) any deferral under this paragraph shall be
for a 6-month period and may be renewed by the public
housing agency or other entity involved for an
aggregate period of 3 years; and
``(B) at the beginning of each deferral period, the
public housing agency or other entity involved shall
inform the individual and family members of their
ineligibility for financial assistance and offer them
other assistance in finding other affordable housing.
For purposes of this subsection, the term `family' means a head of
household, any spouse, any parents of the head of household, any
parents of the spouse, and any children of the head of household or
spouse.
``(e) Declaration of Citizenship.--Financial assistance may not be
provided for the benefit of an individual unless the following
requirements are met:
``(1) Statement.--There is a declaration in writing by the
individual (or, in the case of an individual who is a child, by
another on the individual's behalf), under penalty of perjury,
stating that the individual is a citizen or national of the
United States.
``(2) Documentation.--There is presented such documentation
as the Secretary determines constitutes reasonable evidence
indicating that the individual is a citizen or national of the
United States.''.
SEC. 5. AMENDMENTS TO THE FOOD STAMP ACT OF 1977.
(a) Amendments.--The Food Stamp Act of 1977 (7 U.S.C. 2011-2032) is
amended--
(1) in section 5 by striking subsection (i),
(2) in the first sentence of section 6(f) by striking ``(2)
either'' and all that follows through ``household.'', and
inserting ``(2) a citizen or national of the United States.'',
and
(3) in section 11(e)(2) by striking ``either citizens or
are aliens'' and inserting ``citizens or nationals of the
United States''.
(b) Effective Date; Application of Amendments.--
(1) Effective date.--This section shall take effect 1 year
after the date of the enactment of this Act.
(2) Application of amendments.--The amendments made by
subsection (a) shall not apply with respect to certification
periods beginning before the effective date of this section. | Federal Benefit Integrity Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act (SSA) to: (1) reduce the amount of AFDC currently being paid to families which do not include a U.S. citizen or national; and (2) prohibit AFDC from being paid to any family applying for AFDC which does not include such an individual.
Amends SSA title XVI (Supplementary Security Income)(SSI), the Housing and Community Development Act of 1980, and the Food Stamp Act of 1977 to make similar amendments with respect to the receipt of Federal SSI, assisted housing, and food stamp benefits by aliens and, in certain cases, phase-out such benefits entirely. | {"src": "billsum_train", "title": "Federal Benefit Integrity Act"} | 1,760 | 171 | 0.474315 | 1.300503 | 0.668942 | 2.659574 | 11.021277 | 0.829787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneurship Promotion Act of
1994''.
SEC. 2. ROLLOVER OF GAIN FROM SALE OF ELIGIBLE SMALL BUSINESS STOCK
INTO OTHER ELIGIBLE SMALL BUSINESS STOCK.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN FROM SALE OF ELIGIBLE SMALL BUSINESS
STOCK INTO OTHER ELIGIBLE SMALL BUSINESS STOCK.
``(a) Nonrecognition of Gain.--In the case of the sale of any
eligible small business stock with respect to which the taxpayer elects
the application of this section, gain from such sale shall be
recognized only to the extent that the amount realized on such sale
exceeds--
``(1) the cost of any other eligible small business stock
purchased (as defined by section 1043(b)(4)) by the taxpayer
during the 18-month period beginning on the date of such sale,
reduced by
``(2) any portion of such cost previously taken into
account under this section.
This section shall not apply to any gain which is treated as ordinary
income for purposes of this subtitle.
``(b) Eligible Small Business Stock.--For purposes of this
section--
``(1) In general.--Except as otherwise provided in this
section, the term `eligible small business stock' means any
stock in a C corporation if--
``(A) as of the date of issuance, such corporation
is an eligible small business, and
``(B) such stock is acquired by the taxpayer at its
original issue (directly or through an underwriter) in
exchange for money or other property (not including
stock).
``(2) Active business requirement.--Subsection (a) shall
not apply to the sale of any eligible small business stock
unless, during substantially all of the taxpayer's holding
period for such stock, the corporation meets the active
business requirements of subsection (d) and such corporation is
a C corporation. For purposes of the preceding sentence, a rule
similar to the rule of section 1202(c)(2)(B) shall apply.
``(3) Special rule for stock issued by s corporations.--In
the case of stock which, as of the date of the sale to which
subsection (a) applies, is stock of an eligible small business
but which, as of the date of issuance, was not stock of an
eligible small business solely by reason of the fact that the
corporation was an S corporation--
``(A) such stock shall be treated as meeting the
requirement of paragraph (1)(A), but
``(B) subsection (a) shall not apply to so much of
the gain which is attributable to the period before
such stock became stock of an eligible small business.
``(4) Certain purchases by corporation of its own stock.--
Rules similar to the rules of section 1202(c)(3) shall apply
for purposes of this subsection.
``(c) Eligible Small Business.--For purposes of this section, the
term `eligible small business' means any domestic corporation which is
a C corporation if the aggregate annual gross receipts of such
corporation (or any predecessor thereof) for all taxable years ending
before the date of issuance did not exceed $20,000,000. For purposes of
the preceding sentence, rules similar to the rules of paragraphs (2)
and (3) of section 448(c) shall apply.
``(d) Active Business Requirement.--For purposes of subsection
(b)(2), the requirements of this subsection are met by a corporation
for any period if during such period--
``(1) at least 80 percent (by value) of the assets of such
corporation are used by such corporation in the active conduct
of 1 or more trades or businesses, and
``(2) such corporation is an eligible corporation (as
defined in section 1202(e)(4)).
For purposes of the preceding sentence, a rules similar to the rules of
paragraphs (2), (5), (6), (7) and (8) of section 1202(e) shall apply.
``(e) Basis Adjustments.--If gain from any sale is not recognized
by reason of subsection (a), such gain shall be applied to reduce (in
the order acquired) the basis for determining gain or loss of any
eligible small business stock purchased by the taxpayer during the 18-
month period described in subsection (a). This subsection shall not
apply for purposes of section 1202.
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on any sale to which an election under this section applies,
then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing any
eligible small business stock,
``(B) the taxpayer's intention not to purchase such
stock within the reinvestment period, or
``(C) a failure to make such purchase within the
reinvestment period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any law
or rule of law which would otherwise prevent such assessment.''
(b) Conforming Amendment.--Paragraph (24) of section 1016(a) of
such Code is amended--
(1) by striking ``or 1044'' and inserting ``, 1044, or
1045'', and
(2) by striking ``or 1044(d)'' and inserting ``, 1044(d),
or 1045(e)''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain from sale
of eligible small business
stock into other eligible small
business stock.''
(d) Effective Date.--The amendments made by this section shall
apply to sales on and after the date of the enactment of this Act, in
taxable years ending on and after such date. | Entrepreneurship Promotion Act of 1994 - Amends the Internal Revenue Code to provide for the nonrecognition of gain from the sale of eligible small business stock if the proceeds are used to purchase other eligible small business stock. | {"src": "billsum_train", "title": "Entrepreneurship Promotion Act of 1994"} | 1,427 | 49 | 0.579886 | 1.27594 | 0.876531 | 2.923077 | 33.307692 | 0.923077 |
SECTION 1. NATIONAL PARK RANGER SCHOOL PARTNERSHIP PROGRAM.
(a) Program Authorized.--
(1) In general.--Part D of title V of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7241 et seq.) is
amended by adding at the end the following:
``Subpart 22--National Park Ranger School Partnerships
``SEC. 5621. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary, in cooperation with the Director
of the National Park Service, may award grants, on a competitive basis,
to local educational agencies to enable the local educational agencies
to carry out the authorized activities described in subsection (c).
``(b) Required Partnership.--A local educational agency that
receives a grant under this subpart shall carry out the activities
described in subsection (c) through a partnership that includes the
National Park Service and may include a not-for-profit partner of the
National Park Service.
``(c) Authorized Activities.--A local educational agency shall use
funds provided under this subpart to carry out, through the
partnership, both of the following activities:
``(1) Providing, for students in kindergarten through grade
12, educational programs (including programs under which
instruction is provided by National Park Service Rangers) that
emphasize science, the environment, natural resources,
mathematics, history, and civics.
``(2) Providing, for educators of students in kindergarten
through grade 12, professional development opportunities (such
as summer institutes) that emphasize science, the environment,
natural resources, mathematics, history, and civics.
``(d) Duration and Amounts.--Each grant under this subpart shall be
for a period of 3 years, for an aggregate amount of not more than
$25,000.
``(e) Eligibility.--To be eligible to receive a grant under this
subpart, a local educational agency shall--
``(1)(A) be adjacent to a facility of the National Park
Service;
``(B) be close to a Research and Learning Center of the
National Park Service;
``(C) have a partnership with or be capable of partnering
with a unit of the National Park System; or
``(D) have, or agree to develop, a technology-based
distance learning link to the National Park Service;
``(2) be identified for improvement under subsection (c) of
section 1116; and
``(3) be a high need local educational agency.
``(f) Criteria.--Grants under this subpart shall be awarded on a
competitive basis using criteria established by the Secretary, in
collaboration with the Director of the National Park Service.
``(g) Reports by Grantees.--Upon completing the grant period for a
grant under this section, the local educational agency receiving the
grant shall submit to the Secretary a report that identifies--
``(1) the number of students participating in the
activities described in subsection (c)(1) that were carried out
under the grant;
``(2) the achievement attained by those students in
mathematics, science, and any other academic areas relevant to
the activities carried out under the grant, as measured against
benchmarks established by the Secretary, in coordination with
the National Park Service;
``(3) the number of educators participating in the
activities described in subsection (c)(2) that were carried out
under the grant; and
``(4) the professional development received by those
educators in mathematics, science, civics, and any other
academic areas relevant to the activities carried out under the
grant.
``(h) Report by Secretary.--Not later than 3 years after the date
of enactment of this section, the Secretary, in coordination with the
Director of the National Park Service, shall submit a report to
Congress on the implementation of this subpart. The report shall
include recommendations on whether and to what extent the program
should be continued or expanded.''.
(2) Authorization of appropriations.--Section 5401 of that
Act (20 U.S.C. 7241) is amended--
(A) by striking ``There are'' and inserting the
following:
``(a) In General.--There are''; and
(B) by adding at the end the following:
``(b) National Park Ranger School Partnerships.--There is
authorized to be appropriated to carry out subpart 22, such sums as may
be necessary for fiscal year 2008 and each of the 5 succeeding fiscal
years.''.
(3) Clerical amendment.--The table of contents in section 2
of that Act (20 U.S.C. 6301 note) is amended by adding after
the items relating to subpart 21 of part D of title V the
following:
``subpart 22--national park ranger school partnerships
``Sec. 5621. Program authorized.''.
(b) National Park Service Eligibility for Certain Programs.--
(1) Mathematics and science partnerships.--Section
2201(b)(1)(B) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6661(b)(1)(B)) is amended--
(A) by redesignating clauses (iii) and (iv) as (iv)
and (v), respectively; and
(B) by adding after clause (ii) the following:
``(iii) the National Park Service;''.
(2) Teaching of traditional american history.--Section
2351(b) of that Act (20 U.S.C. 6721(b)) is amended by adding at
the end the following:
``(4) An educational service agency.
``(5) A Federal agency that serves as an educational
service provider.''. | Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish the National Park Ranger School Partnerships program authorizing the Secretary of Education to award competitive, three-year grants to local educational agencies (LEAs) to enter into partnerships that include the National Park Service (NPS), and may include nonprofit NPS partners, to provide kindergarten through grade 12 (K-12) students with educational programs and K-12 teachers with professional development emphasizing science, the environment, natural resources, mathematics, civics, and history.
Deems LEAs to be eligible for such a grant only if they: (1) have, are capable of, or will develop certain connections to the NPS; (2) have been identified as needing improvement under title I of the ESEA; and (3) are a high-need LEA.
Permits: (1) the NPS to participate in the Mathematics and Science Partnerships program that provides training to teachers of such subjects under title II of the ESEA; and (2) educational service agencies, including federal agencies that serve as educational service providers, to partner with LEAs under such title's Teaching American History Grant Program. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to establish a partnership between the Department of Education and the National Park Service to provide educational opportunities for students and teachers, and for other purposes."} | 1,259 | 244 | 0.66454 | 1.953701 | 0.922899 | 1.890909 | 5.186364 | 0.809091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Advancing Grid Storage Act of
2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Energy storage system.--The term ``energy storage
system'' means a system or strategy that improves the ability
to shift the dispatch of energy in time, across multiple
timescales.
(2) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a
location in the absence of electric power from the primary
source.
(3) Loan.--The term ``loan'' has the meaning given the term
``direct loan'' in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(4) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected loads and
distributed energy resources, including generators and energy
storage devices, within clearly defined electrical boundaries
that--
(A) acts as a single controllable entity with
respect to the grid; and
(B) can connect and disconnect from the grid to
operate in both grid-connected mode and island mode.
(5) Renewable energy source.--The term ``renewable energy
source'' includes--
(A) biomass;
(B) geothermal energy;
(C) hydropower;
(D) landfill gas;
(E) municipal solid waste;
(F) ocean (including tidal, wave, current, and
thermal) energy;
(G) organic waste;
(H) photosynthetic processes;
(I) photovoltaic energy;
(J) solar energy; and
(K) wind.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. ENERGY STORAGE RESEARCH PROGRAM.
(a) In General.--There is established within the Advanced Research
Projects Agency-Energy established by section 5012(b) of the America
COMPETES Act (42 U.S.C. 16538(b)) a program for the research of energy
storage systems.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000.
SEC. 4. ENERGY STORAGE SYSTEM DEMONSTRATION AND DEPLOYMENT LOAN
PROGRAM.
(a) Loan Program.--
(1) In general.--Subject to the provisions of this
subsection and subsections (b) and (c), the Secretary shall
establish a program to provide to eligible entities--
(A) loans for the demonstration and deployment of
energy storage systems in a specific project; and
(B) loans to provide funding for programs to
finance the demonstration and deployment of multiple
energy storage systems through a revolving loan fund,
credit enhancement program, or other financial
assistance program.
(2) Eligibility.--Entities eligible to receive a loan under
paragraph (1) include--
(A) a State, territory, or possession of the United
States;
(B) a State energy office;
(C) a tribal organization (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b));
(D) an institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)); and
(E) an electric utility, including--
(i) a rural electric cooperative;
(ii) a municipally owned electric utility;
and
(iii) an investor-owned utility.
(3) Selection requirements.--In selecting eligible entities
to receive a loan under this section, the Secretary shall, to
the maximum extent practicable, ensure--
(A) regional diversity among eligible entities that
receive the loans, including participation by rural
States and small States; and
(B) that specific projects selected for loans--
(i) expand on the existing technology
demonstration and deployment programs of the
Department of Energy; and
(ii) are designed to achieve 1 or more of
the objectives described in paragraph (4).
(4) Objectives.--Each demonstration and deployment project
selected for a loan under paragraph (1) shall include 1 or more
of the following objectives:
(A) With respect to energy storage systems, the
improvement of--
(i) the feasibility of microgrids or
islanding; or
(ii) the transmission and distribution
capability to improve reliability in rural
areas, including high energy cost rural areas.
(B) Use of energy storage systems to improve the
security of emergency response infrastructure.
(C) Integration of energy storage systems with a
renewable energy resource production source, at the
source or away from the source.
(D) Use of energy storage systems to provide
ancillary services for grid management.
(E) Advancement of power conversion systems to make
the systems smarter, more efficient, able to
communicate with other inverters, and able to control
voltage.
(F) Use of energy storage systems to optimize
transmission and distribution operation and power
quality to address overloaded lines and maintenance of
transformers and substations.
(G) Use of energy storage systems for peak load
management of homes, businesses, and the grid,
particularly to offset investments in new grid
capacity.
(H) Use of energy storage system devices to meet
electricity demand during nonpeak generation periods to
make better use of existing grid assets.
(5) Restriction on use of funds.--Any eligible entity that
receives a loan under paragraph (1) may only use the loan to
fund programs relating to the demonstration and deployment of
energy storage systems in households, businesses, and
communities.
(b) Loan Terms and Conditions.--
(1) Terms and conditions.--Notwithstanding any other
provision of law, in providing a loan under this section, the
Secretary shall provide the loan on such terms and conditions
as the Secretary determines, after consultation with the
Secretary of the Treasury, in accordance with this section.
(2) Specific appropriation.--No loan shall be made unless
an appropriation for the full amount of the loan has been
specifically provided for that purpose.
(3) Repayment.--No loan shall be made unless the Secretary
determines that there is reasonable prospect of repayment of
the principal and interest by the borrower of the loan.
(4) Interest rate.--A loan provided under this section
shall bear interest at a fixed rate that is equal or
approximately equal, in the determination of the Secretary, to
the interest rate for Treasury securities of comparable
maturity.
(5) Term.--The term of the loan shall require full
repayment over a period not to exceed the lesser of--
(A) 20 years; or
(B) 90 percent of the projected useful life of the
physical asset to be financed by the loan (as
determined by the Secretary).
(6) Use of payments.--Payments of principal and interest on
the loan shall--
(A) be retained by the Secretary to support energy
research and development activities; and
(B) remain available until expended, subject to
such conditions as are contained in annual
appropriations Acts.
(7) No penalty on early repayment.--The Secretary may not
assess any penalty for early repayment of a loan provided under
this section.
(8) Return of unused portion.--In order to receive a loan
under this section, an eligible entity shall agree to return to
the general fund of the Treasury any portion of the loan amount
that is unused by the eligible entity within a reasonable
period of time after the date of the disbursement of the loan,
as determined by the Secretary.
(9) Comparable wage rates.--Each laborer and mechanic
employed by a contractor or subcontractor in performance of
construction work financed, in whole or in part, by the loan
shall be paid wages at rates not less than the rates prevailing
on similar construction in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of chapter
31 of title 40, United States Code.
(c) Rules and Procedures; Disbursement of Loans.--
(1) Rules and procedures.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall adopt
rules and procedures for carrying out the loan program under
subsection (a).
(2) Disbursement of loans.--Not later than 1 year after the
date on which the rules and procedures under paragraph (1) are
established, the Secretary shall disburse the initial loans
provided under this section.
(d) Reports.--Not later than 2 years after the date of receipt of
the loan and annually thereafter for the term of the loan, an eligible
entity that receives a loan under this section shall submit to the
Secretary a report describing the performance of each program and
activity carried out using the loan, including itemized loan
performance data.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.
SEC. 5. TECHNICAL ASSISTANCE AND GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary, in consultation with the
Assistant Secretary for Electricity Delivery and Energy
Reliability, shall establish a technical assistance and grant
program (referred to in this section as the ``program'')--
(A) to disseminate information and provide
technical assistance directly to eligible entities so
the eligible entities can identify, evaluate, plan, and
design energy storage systems; and
(B) to make grants to eligible entities so that the
eligible entities may contract to obtain technical
assistance to identify, evaluate, plan, and design
energy storage systems.
(2) Technical assistance.--The technical assistance
described in paragraph (1) shall include assistance with 1 or
more of the following activities relating to energy storage
systems:
(A) Identification of opportunities to use energy
storage systems.
(B) Assessment of technical and economic
characteristics.
(C) Utility interconnection.
(D) Permitting and siting issues.
(E) Business planning and financial analysis.
(F) Engineering design.
(3) Information dissemination.--The information
disseminated under paragraph (1)(A) shall include--
(A) information relating to the topics described in
paragraph (2), including case studies of successful
examples;
(B) computer software for assessment, design, and
operation and maintenance of energy storage systems;
and
(C) public databases that track the operation and
deployment of existing and planned energy storage
systems.
(b) Eligibility.--Any nonprofit or for-profit entity shall be
eligible to receive technical assistance and grants under the program.
(c) Applications.--
(1) In general.--An eligible entity desiring technical
assistance or grants under the program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Application process.--The Secretary shall seek
applications for technical assistance and grants under the
program--
(A) on a competitive basis; and
(B) on a periodic basis, but not less frequently
than once every 12 months.
(3) Priorities.--In selecting eligible entities for
technical assistance and grants under the program, the
Secretary shall give priority to eligible entities with
projects that have the greatest potential for--
(A) facilitating the use of renewable energy
resources;
(B) strengthening the reliability and resiliency of
energy infrastructure to the impact of extreme weather
events, power grid failures, and interruptions in
supply of fossil fuels;
(C) improving the feasibility of microgrids or
islanding, particularly in rural areas, including high
energy cost rural areas;
(D) minimizing environmental impact, including
regulated air pollutants and greenhouse gas emissions;
and
(E) maximizing local job creation.
(d) Grants.--On application by an eligible entity, the Secretary
may award grants to the eligible entity to provide funds to cover not
more than--
(1) 100 percent of the costs of the initial assessment to
identify energy storage system opportunities;
(2) 75 percent of the cost of feasibility studies to assess
the potential for the implementation of energy storage systems;
(3) 60 percent of the cost of guidance on overcoming
barriers to the implementation of energy storage systems,
including financial, contracting, siting, and permitting
issues; and
(4) 45 percent of the cost of detailed engineering of
energy storage systems.
(e) Rules and Procedures.--
(1) Rules.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall adopt rules and
procedures for carrying out the program.
(2) Grants.--Not later than 120 days after the date of
issuance of the rules and procedures for the program, the
Secretary shall issue grants under this section.
(f) Reports.--The Secretary shall submit to Congress and make
available to the public--
(1) not less frequently than once every 2 years, a report
describing the performance of the program under this section,
including a synthesis and analysis of the information provided
in the reports submitted to the Secretary under section 3(c);
and
(2) on termination of the program under this section, an
assessment of the success of, and education provided by, the
measures carried out by eligible entities under the program.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000,000 for the period of
fiscal years 2016 through 2020, to remain available until expended. | Advancing Grid Storage Act of 2015 This bill requires the Department of Energy (DOE) to establish certain energy storage programs. The bill establishes a program for the research of energy storage systems within DOE's Advanced Research Projects Agency-Energy. DOE must establish a loan program to provide loans to states and other government entities, educational institutions, and electric utilities for: (1) the demonstration and deployment of energy storage systems in a specific project, and (2) programs to finance the demonstration and deployment of multiple energy storage systems through a financial assistance program. Loans may only be used to fund programs relating to the demonstration and deployment of energy storage systems in households, businesses, and communities. DOE must establish a technical assistance and grant program to: (1) disseminate information and provide technical assistance directly to nonprofit or for-profit entities so those entities can identify, evaluate, plan, and design energy storage systems; and (2) make grants to such entities so that they may contract to obtain technical assistance to identify, evaluate, plan, and design energy storage systems. | {"src": "billsum_train", "title": "Advancing Grid Storage Act of 2015"} | 2,888 | 223 | 0.589218 | 1.524906 | 0.767566 | 4.328571 | 12.942857 | 0.9 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Nicaragua Human
Rights and Anticorruption Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress on advancing a negotiated solution to
Nicaragua's crisis.
Sec. 3. Statement of policy.
Sec. 4. Restrictions on international financial institutions relating to
Nicaragua.
Sec. 5. Imposition of targeted sanctions with respect to Nicaragua.
Sec. 6. Annual certification and waiver.
Sec. 7. Report on human rights violations and corruption in Nicaragua.
Sec. 8. Civil society engagement strategy.
Sec. 9. Reform of Western Hemisphere Drug Policy Commission.
Sec. 10. Termination.
Sec. 11. Definitions.
SEC. 2. SENSE OF CONGRESS ON ADVANCING A NEGOTIATED SOLUTION TO
NICARAGUA'S CRISIS.
It is the sense of Congress that--
(1) credible negotiations between the Government of Nicaragua
and representatives of Nicaragua's civil society, student movement,
private sector, and political opposition, mediated by the Catholic
Church in Nicaragua, represent the best opportunity to reach a
peaceful solution to the current political crisis that includes--
(A) a commitment to hold early elections that meet
democratic standards and permit credible international
electoral observation;
(B) the cessation of the violence perpetrated against
civilians by the National Police of Nicaragua and by armed
groups supported by the Government of Nicaragua; and
(C) independent investigations into the killings of
protesters; and
(2) negotiations between the Government of Nicaragua and
representatives of Nicaragua's civil society, student movement,
private sector, and political opposition, mediated by the Catholic
Church in Nicaragua, have not resulted in an agreement as of the
date of the enactment of this Act because the Government of
Nicaragua has failed to credibly participate in the process.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support--
(1) the rule of law and an independent judiciary and electoral
council in Nicaragua;
(2) democratic governance in Nicaragua;
(3) free and fair elections overseen by credible domestic and
international observers in Nicaragua; and
(4) anti-corruption and transparency efforts in Nicaragua.
SEC. 4. RESTRICTIONS ON INTERNATIONAL FINANCIAL INSTITUTIONS RELATING
TO NICARAGUA.
(a) Restrictions.--The Secretary of the Treasury shall--
(1) instruct the United States Executive Director at each
international financial institution of the World Bank Group to use
the voice, vote, and influence of the United States to oppose the
extension by the International Finance Corporation of any loan or
financial or technical assistance to the Government of Nicaragua
for a project in Nicaragua;
(2) instruct the United States Executive Director of the Inter-
American Development Bank to use the voice, vote, and influence of
the United States to oppose the extension by the Bank of any loan
or financial or technical assistance to the Government of Nicaragua
for a project in Nicaragua; and
(3) instruct the United States Executive Director of each other
international financial institution, including the International
Monetary Fund, to work with other key donor countries to develop a
coherent policy approach to future engagements with and lending to
the Government of Nicaragua, in a manner that will advance human
rights, including the full restoration of the rights guaranteed to
the people of Nicaragua through the commitments made by the
Government of Nicaragua as a signatory of the International
Covenant on Civil and Political Rights.
(b) Exceptions for Basic Human Needs and Democracy Promotion.--The
restrictions under paragraphs (1) and (2) of subsection (a) shall not
apply with respect to any loan or financial or technical assistance
provided to address basic human needs or to promote democracy in
Nicaragua.
(c) Briefing by the Secretary of the Treasury.--Not later than 180
days after the date of the enactment of this Act, and annually
thereafter, the Secretary of the Treasury shall brief the appropriate
congressional committees on the effectiveness of international
financial institutions in enforcing applicable program safeguards in
Nicaragua.
SEC. 5. IMPOSITION OF TARGETED SANCTIONS WITH RESPECT TO NICARAGUA.
(a) In General.--The President shall impose the sanctions described
in subsection (c) with respect to any foreign person, including any
current or former official of the Government of Nicaragua or any person
acting on behalf of that Government, that the President determines--
(1) to be responsible for or complicit in, or responsible for
ordering, controlling, or otherwise directing, or to have knowingly
participated in, directly or indirectly, any activity described in
subsection (b);
(2) to be a leader of--
(A) an entity that has, or whose members have, engaged in
any activity described in subsection (b); or
(B) an entity whose property and interests in property are
blocked under subsection (c)(1)(A) as a result of activities
related to the tenure of the leader;
(3) to have knowingly materially assisted, sponsored, or
provided financial, material, or technological support for, or
goods or services in support of--
(A) an activity described in subsection (b); or
(B) a person whose property and interests in property are
blocked under subsection (c)(1)(A); or
(4) to be owned or controlled by, or to have knowingly acted or
purported to act for or on behalf of, directly or indirectly, any
person whose property and interests in property are blocked under
subsection (c)(1)(A).
(b) Activities Described.--An activity described in this subsection
is any of the following in or in relation to Nicaragua on or after
April 18, 2018:
(1) Significant acts of violence or conduct that constitutes a
serious abuse or violation of human rights against persons
associated with the protests in Nicaragua that began on April 18,
2018.
(2) Significant actions or policies that undermine democratic
processes or institutions.
(3) Acts of significant corruption by or on behalf of the
Government of Nicaragua or a current or former official of the
Government of Nicaragua, including--
(A) the expropriation of private or public assets for
personal gain or political purposes;
(B) corruption related to government contracts;
(C) bribery; or
(D) the facilitation or transfer of the proceeds of
corruption.
(4) The arrest or prosecution of a person, including an
individual or media outlet disseminating information to the public,
primarily because of the legitimate exercise by such person of the
freedom of speech, assembly, or the press.
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection are
the following:
(A) Asset blocking.--The exercise of all powers granted to
the President by the International Emergency Economic Powers
Act (50 U.S.C. 1701 et seq.) to the extent necessary to block
and prohibit all transactions in all property and interests in
property of a person determined by the President to be subject
to subsection (a) if such property and interests in property
are in the United States, come within the United States, or are
or come within the possession or control of a United States
person.
(B) Exclusion from the united states and revocation of visa
or other documentation.--In the case of an alien determined by
the President to be subject to subsection (a), denial of a visa
to, and exclusion from the United States of, the alien, and
revocation in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), of any visa or other
documentation of the alien.
(2) Penalties.--A person that violates, attempts to violate,
conspires to violate, or causes a violation of a measure imposed
pursuant to paragraph (1)(A) or any regulation, license, or order
issued to carry out paragraph (1)(A) shall be subject to the
penalties set forth in subsections (b) and (c) of section 206 of
the International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act described
in subsection (a) of that section.
(3) Exception relating to importation of goods.--The
requirement to block and prohibit all transactions in all property
and interests in property under paragraph (1)(A) shall not include
the authority to impose sanctions on the importation of goods.
(4) Exception to comply with united nations headquarters
agreement.--Sanctions under paragraph (1)(B) shall not apply to an
alien if admitting the alien into the United States is necessary to
permit the United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success June 26,
1947, and entered into force November 21, 1947, between the United
Nations and the United States, or other applicable international
obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this
section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry out
this section.
SEC. 6. ANNUAL CERTIFICATION AND WAIVER.
(a) Certification.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Secretary of State
shall submit to the appropriate congressional committees a report
certifying whether the Government of Nicaragua is taking effective
steps--
(1) to strengthen the rule of law and democratic governance,
including the independence of the judicial system and electoral
council;
(2) to combat corruption, including by investigating and
prosecuting cases of public corruption;
(3) to protect civil and political rights, including the rights
of freedom of the press, speech, and association, for all people of
Nicaragua, including political opposition parties, journalists,
trade unionists, human rights defenders, indigenous peoples, and
other civil society activists;
(4) to investigate and hold accountable officials of the
Government of Nicaragua and other persons responsible for the
killings of individuals associated with the protests in Nicaragua
that began on April 18, 2018; and
(5) to hold free and fair elections overseen by credible
domestic and international observers
(b) Waiver.--
(1) Temporary general waiver.--If the Secretary certifies to
the appropriate congressional committees under subsection (a) that
the Government of Nicaragua is taking effective steps as described
in that subsection, the President may waive the application of the
restrictions under section 4 and sanctions under section 5 for a
period of not more than one year beginning on the date of the
certification.
(2) National interest waiver.--The President may waive the
application of the restrictions under section 4 and sanctions under
section 5 if the President--
(A) determines that such a waiver is in the national
interest of the United States; and
(B) submits to the appropriate congressional committees a
notice of and justification for the waiver.
(3) Sense of congress.--It is the sense of Congress that the
President should exercise the waiver authority provided under
paragraph (1) if the Secretary of State certifies under subsection
(a) that the Government of Nicaragua is taking effective steps as
described in that subsection.
(c) Consultation.--In preparing a certification required by
subsection (a), the Secretary shall consult with the appropriate
congressional committees.
(d) Annual Briefing.--The Secretary shall annually brief the
appropriate congressional committees on whether the Government of
Nicaragua is taking effective steps as described in subsection (a).
SEC. 7. REPORT ON HUMAN RIGHTS VIOLATIONS AND CORRUPTION IN NICARAGUA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, acting through the
Assistant Secretary of State for Intelligence and Research, and in
coordination with the Secretary of the Treasury and the Director of
National Intelligence, shall submit to the appropriate congressional
committees a report on--
(1) the involvement of senior officials of the Government of
Nicaragua, including members of the Supreme Electoral Council, the
National Assembly, and the judicial system, in human rights
violations, acts of significant corruption, and money laundering;
and
(2) persons that transfer, or facilitate the transfer of, goods
or technologies for use in or with respect to Nicaragua, that are
used by the Government of Nicaragua to commit serious human rights
violations against the people of Nicaragua.
(b) Form.--The report required by subsection (a) may be classified.
SEC. 8. CIVIL SOCIETY ENGAGEMENT STRATEGY.
Not later than 90 days after the date of the enactment of this Act,
the Secretary of State shall brief the appropriate congressional
committees on a strategy--
(1) for engaging relevant elements of civil society in
Nicaragua, including independent media, human rights, and anti-
corruption organizations, to strengthen rule of law and increase
accountability for human rights abuses and corruption in Nicaragua;
and
(2) setting forth measures to support the protection of human
rights and anti-corruption advocates in Nicaragua.
SEC. 9. REFORM OF WESTERN HEMISPHERE DRUG POLICY COMMISSION.
Section 603(f)(1) of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323; 130 Stat. 1938) is amended by
striking ``Not later than 60 days after the date of the enactment of
this Act, the Commission shall hold an initial meeting to develop and
implement'' and inserting ``At the initial meeting of the Commission,
the Commission shall develop and implement''.
SEC. 10. TERMINATION.
The provisions of this Act (other than section 9) shall terminate
on December 31, 2023.
SEC. 11. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations of the
House of Representatives.
(2) Good.--The term ``good'' means any article, natural or
manmade substance, material, supply or manufactured product,
including inspection and test equipment, and excluding technical
data.
(3) Person.--The term ``person'' means an individual or entity.
(4) United states person.--The term ``United States person''
means any United States citizen, permanent resident alien, entity
organized under the laws of the United States or any jurisdiction
within the United States (including a foreign branch of such an
entity), or any person in the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Nicaraguan Investment Conditionality Act (NICA) of 2017 (Sec. 4) This bill directs the President to instruct the U.S. Executive Director at each international financial institution to use U.S. influence to oppose any loan for the government of Nicaragua's benefit, other than for basic human needs or to promote democracy, unless the Department of State certifies that Nicaragua is taking effective steps to: hold free elections overseen by credible domestic and international electoral observers; promote democracy and an independent judicial system and electoral council; strengthen the rule of law; respect the right to freedom of association and expression; combat corruption, including investigating and prosecuting corrupt government officials; and protect the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference. The Department of the Treasury shall submit to Congress a report assessing: (1) the effectiveness of the international financial institutions in enforcing applicable program safeguards in Nicaragua, and (2) the effects of specified constitutional and election concerns in Nicaragua on long-term prospects for positive development outcomes there. The President may waive such requirements in the U.S. national interest. (Sec. 5) The bill requires: (1) the President to direct the U.S. Permanent Representative to the Organization of American States to use U.S. influence to advocate for an Electoral Observation Mission to be sent to Nicaragua in 2017, and (2) the State Department to report on the involvement of senior Nicaraguan government officials in acts of public corruption or human rights violations. | {"src": "billsum_train", "title": "Nicaraguan Investment Conditionality Act (NICA) of 2017"} | 3,253 | 327 | 0.602104 | 2.033387 | 0.824462 | 2.428571 | 10.421769 | 0.843537 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Strategic Services
Congressional Gold Medal Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Office of Strategic Services (OSS) was the first
effort by the United States to implement a system of strategic
intelligence during World War II and provided the basis for the
modern-day intelligence and special operations communities of
the United States.
(2) OSS founder General William J. Donovan is the only
person in the history of the United States to receive the 4
highest military decorations of the United States, including
the Medal of Honor. Upon learning of his death in 1959,
President Eisenhower called General Donovan the ``last hero''.
In addition to founding and leading the OSS, General Donovan
was also selected by President Roosevelt, who called General
Donovan his ``secret legs'', as an emissary to Great Britain
and continental Europe before the United States entered World
War II.
(3) During World War II, each branch of the Armed Forces of
the United States contributed personnel to the OSS. United
States Coast Guard personnel were recruited for the Maritime
Unit and the Operational Swimmer Group.
(4) The present-day United States special operations forces
trace their lineage to the OSS. The Maritime Unit of the OSS
was a precursor to the Navy SEALs. The OSS Operational Groups
and Jedburghs were forerunners of the United States Army
Special Forces. The 801st/492nd Bombardment Group
(``Carpetbaggers'') were progenitors of the United States Air
Force Special Operations Command. The Marines who served in the
OSS, including the actor Sterling Hayden and Colonel William
Eddy, whom General Donovan described as the ``American Lawrence
of Arabia'', were predecessors of the United States Marine
Corps Forces Special Operations Command.
(5) The OSS organized, trained, supplied, and fought with
resistance organizations throughout Europe and Asia that played
an important role in the victory of the United States during
World War II. President Eisenhower credited the work of the OSS
with the French Resistance during the liberation of France as
the equivalent of the French Resistance having an extra
division.
(6) Four future Directors of Central Intelligence served as
OSS officers: William Casey, William Colby, Allen Dulles, and
Richard Helms.
(7) Women comprised more than \1/3\ of OSS personnel and
played a critical role in the organization. These women
included Virginia Hall, the only civilian female to receive a
Distinguished Service Cross in World War II, and Julia Child.
(8) The OSS recruited Fritz Kolbe, a German diplomat who
became the most important spy of the United States against the
Nazis in World War II.
(9) Leading scientists and scholars in the United States
served in the OSS Research and Analysis Branch, including Ralph
Bunche, the first African-American to receive the Nobel Peace
Prize, Pulitzer Prize-winning historian Arthur Schlesinger,
Jr., Supreme Court Justice Arthur Goldberg, Sherman Kent, John
King Fairbank, and Walt Rostow. Its ranks also included 7
future presidents of the American Historical Association, 5 of
the American Economic Association, and 2 Nobel laureates. The
Bureau of Intelligence and Research of the United States
Department of State traces its creation to the OSS Research and
Analysis Branch.
(10) The OSS invented and employed new technology through
its Research and Development Branch, including new weapons and
revolutionary communications equipment. Dr. Christian
Lambertsen invented the first underwater breathing apparatus
that was first utilized by the OSS and is known today as
``SCUBA''.
(11) OSS Detachment 101 operated in Burma and pioneered the
art of unconventional warfare. It was the first unit of the
United States to deploy a large guerrilla army deep in enemy
territory. OSS Detachment 101 has been credited with the
highest kill/loss ratio for any infantry-type unit in the
military history of the United States and was awarded a
Presidential Unit Citation.
(12) The X-2 branch of the OSS pioneered
counterintelligence with the British and established the modern
counterintelligence community. The network of contacts built by
the OSS with foreign intelligence services led to enduring Cold
War alliances.
(13) Operation Torch, the Allied invasion of French North
Africa in November 1942, was aided by the networks established
and information acquired by the OSS to guide the landings of
the Allies.
(14) OSS Operation Halyard resulted in the rescue of more
than 500 downed airmen trapped behind enemy lines in
Yugoslavia, one of the most daring and successful rescue
operations of World War II.
(15) OSS ``Mercy Missions'' at the end of World War II
saved the lives of thousands of Allied prisoners of war whom it
was feared would be murdered by the Japanese.
(16) The handful of surviving men and women of the OSS,
whom General Donovan called his ``glorious amateurs'', are
among the greatest generation. They have never been
collectively recognized for their heroic and pioneering service
in World War II.
SEC. 3. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President pro tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of Congress,
of a gold medal of appropriate design in commemoration to the members
of the Office of Strategic Services (OSS), in recognition of their
superior service and major contributions during World War II.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions, to be determined by the Secretary.
(c) Smithsonian Institution.--
(1) In general.--Following the award of the gold medal in
commemoration of the members of the Office of Strategic
Services under subsection (a), the gold medal shall be given to
the Smithsonian Institution, where it will be displayed as
appropriate and made available for research.
(2) Sense of congress.--It is the sense of Congress that
the Smithsonian Institution should make the gold medal received
under paragraph (1) available for display elsewhere,
particularly at other appropriate locations associated with the
Office of Strategic Services.
SEC. 4. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 3 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 5. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items. | Office of Strategic Services Congressional Gold Medal Act - Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a congressional gold medal to the members of the Office of Strategic Services (OSS) in recognition of their superior service and major contributions during World War II. | {"src": "billsum_train", "title": "Office of Strategic Services Congressional Gold Medal Act"} | 1,583 | 71 | 0.376451 | 1.023114 | 0.670033 | 6.04918 | 23.704918 | 0.967213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Implementation of Simpson-Bowles
Spending Reductions Act of 2011''.
SEC. 2. REDUCTION IN APPROPRIATIONS TO THE WHITE HOUSE AND CONGRESS.
(a) Appropriations to the White House.--Notwithstanding any other
provision of law, the total amount of funds appropriated to the
appropriations account under the heading ``The White House'' under the
heading ``EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT'' for each of fiscal years 2012 through 2016 may not
exceed 85 percent of the total amount of funds appropriated to that
account for fiscal year 2011.
(b) Appropriations to Congress.--Notwithstanding any other
provision of law, the total amount of funds appropriated under the
headings ``SENATE'' and ``HOUSE OF REPRESENTATIVES'' for each of fiscal
years 2012 through 2016 may not exceed 85 percent of the total amount
of funds appropriated under those headings for fiscal year 2011.
SEC. 3. NO COST OF LIVING ADJUSTMENT IN PAY OF MEMBERS OF CONGRESS.
Notwithstanding any other provision of law, no adjustment shall be
made under section 601(a) of the Legislative Reorganization Act of 1946
(2 U.S.C. 31) (relating to cost of living adjustments for Members of
Congress) during fiscal years 2013, 2014, and 2015.
SEC. 4. PAY FREEZE FOR FEDERAL EMPLOYEES.
Section 147 of the Continuing Appropriations Act, 2011 (Public Law
111-242) is amended--
(1) in subsection (b)(1), by striking ``December 31, 2012''
and inserting ``December 31, 2015''; and
(2) in subsection (c), by striking ``December 31, 2012''
and inserting ``December 31, 2015''.
SEC. 5. REDUCTION IN FEDERAL WORKFORCE.
(a) Definition.--For the purpose of this section--
(1) the term ``total number of Federal employees'' means
the total number of Federal employees in all agencies;
(2) the term ``Federal employee'' means an employee as
defined by section 2105 of title 5, United States Code; and
(3) the term ``agency'' means an Executive agency as
defined by section 105 of title 5, United States Code,
excluding the Government Accountability Office.
(b) Limitation.--The President, through the Office of Management
and Budget (in consultation with the Office of Personnel Management),
shall take appropriate measures to ensure that, effective beginning in
fiscal year 2015, the total number of Federal employees (as determined
under subsection (c)) shall not exceed 90 percent of the total number
of Federal employees as of September 30, 2011 (as so determined).
(c) Monitoring and Notification.--The Office of Management and
Budget (in consultation with the Office of Personnel Management)--
(1) shall continuously monitor all agencies and make a
determination, as of September 30, 2011, and the last day of
each quarter of each fiscal year beginning thereafter, as to
whether or not the total number of Federal employees exceeds
the maximum number allowable under subsection (b); and
(2) whenever a determination under paragraph (1) is made
that the total number of Federal employees exceeds the maximum
number allowable under subsection (b), shall provide written
notice to that effect to the President and Congress within 14
days after the last day of the quarter to which such
determination relates.
(d) Compliance.--Whenever, with respect to the quarter ending on
September 30, 2014, or any subsequent quarter, the Office of Management
and Budget provides written notice under subsection (c)(2) that the
total number of Federal employees exceeds the maximum number allowable
under subsection (b), no agency may thereafter appoint any employee to
fill any vacancy within such agency until the Office of Management and
Budget provides written notice to the President and Congress of a
determination under subsection (c)(1) that the total number of Federal
employees no longer exceeds the maximum number allowable under
subsection (b). Any notice under the preceding sentence shall be
provided within 14 days after the last day of the quarter to which the
determination relates.
(e) Waiver.--
(1) Emergencies.--This section may be waived upon a
determination by the President that--
(A) the existence of a state of war or other
national security concern so requires; or
(B) the existence of an extraordinary emergency
threatening life, health, public safety, property, or
the environment so requires.
(2) Agency efficiency or critical mission.--This section
may be waived, with respect to a particular position or
category of positions in an agency, upon a determination by the
President that the efficiency of the agency or the performance
of a critical agency mission so requires.
(f) Replacement Rate.--To the extent necessary to achieve the
workforce reduction required by subsection (b), the Office of
Management and Budget (in consultation with the Office of Personnel
Management) shall take appropriate measures to ensure that agencies
shall appoint no more than 1 employee for every 3 employees retiring or
otherwise separating from Government service after the date of the
enactment of this Act. This subsection shall cease to apply after
September 30, 2014.
(g) Counting Rule.--For purposes of this section, any determination
of the number of employees in an agency shall be expressed on a full-
time equivalent basis.
(h) Limitation on Procurement of Service Contracts.--The President,
through the Office of Management and Budget (in consultation with the
Office of Personnel Management), shall take appropriate measures to
ensure that there is no increase in the procurement of service
contracts by reason of the enactment of this Act, except in cases in
which a cost comparison demonstrates that such contracts would be to
the financial advantage of the Government.
SEC. 6. REDUCTION IN GOVERNMENT TRAVEL COSTS.
(a) Definition.--In this section, the term ``agency'' means an
executive agency as defined under section 105 of title 5, United States
Code.
(b) Reduction.--Notwithstanding any other provision of law, the
total amount of funds appropriated to the appropriations account
providing for travel expenses for each agency for each of fiscal years
2012, 2013, 2014, 2015, and 2016 may not exceed 80 percent of the total
amount of funds appropriated to each of those appropriations accounts
for fiscal year 2011.
SEC. 7. LIMITATION ON GOVERNMENT PRINTING COSTS.
Not later than 180 days after the date of enactment of this Act,
the Director of the Office of Management and Budget shall coordinate
with the heads of Federal departments and independent agencies to--
(1) determine which Government publications could be
available on Government websites and no longer printed and to
devise a strategy to reduce overall Government printing costs
over the 10-year period beginning with fiscal year 2012, except
that the Director shall ensure that essential printed documents
prepared for social security recipients, medicare
beneficiaries, and other populations in areas with limited
internet access or use continue to remain available;
(2) establish government-wide Federal guidelines on
employee printing;
(3) issue on the Office of Management and Budget's public
website the results of a cost-benefit analysis on implementing
a digital signature system and on establishing employee
printing identification systems, such as the use of individual
employee cards or codes, to monitor the amount of printing done
by Federal employees; except that the Director of the Office of
Management and Budget shall ensure that Federal employee
printing costs unrelated to national defense, homeland
security, border security, national disasters, and other
emergencies do not exceed $860,000,000 annually; and
(4) issue guidelines requiring every department, agency,
commission or office to list at a prominent place near the
beginning of each publication distributed to the public and
issued or paid for by the Federal Government--
(A) the name of the issuing agency, department,
commission or office;
(B) the total number of copies of the document
printed;
(C) the collective cost of producing and printing
all of the copies of the document; and
(D) the name of the firm publishing the document.
SEC. 8. REDUCTION IN FEDERAL VEHICLE COSTS.
Notwithstanding any other provision of law, for fiscal year 2012
and each fiscal year thereafter, the amount made available to the
General Services Administration for the acquisition of new vehicles for
the Federal fleet shall not exceed an amount equal to 80 percent of the
amount made available for the acquisition of those vehicles for fiscal
year 2010.
SEC. 9. SALE OF EXCESS FEDERAL PROPERTY.
(a) In General.--Chapter 5 of subtitle I of title 40, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY
``Sec. 621. Definitions
``In this subchapter:
``(1) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(2) Landholding agency.--The term `landholding agency'
means a landholding agency (as defined in section 501(i) of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411(i))).
``(3) Real property.--
``(A) In general.--The term `real property' means--
``(i) a parcel of real property under the
administrative jurisdiction of the Federal
Government that is--
``(I) excess;
``(II) surplus;
``(III) underperforming; or
``(IV) otherwise not meeting the
needs of the Federal Government, as
determined by the Director; and
``(ii) a building or other structure
located on real property described in clause
(i).
``(B) Exclusion.--The term `real property' excludes
any parcel of real property, and any building or other
structure located on real property, that is to be
closed or realigned under the Defense Authorization
Amendments and Base Closure and Realignment Act (10
U.S.C. 2687 note; Public Law 100-526).
``Sec. 622. Disposal program
``(a) In General.--Except as provided in subsection (e), the
Director shall, by sale or auction, dispose of a quantity of real
property with an aggregate value of not less than $100,000,000 that, as
determined by the Director, is not being used, and will not be used, to
meet the needs of the Federal Government for the period of fiscal years
2011 through 2015.
``(b) Recommendations.--The head of each landholding agency shall
recommend to the Director real property for disposal under subsection
(a).
``(c) Selection of Properties.--After receiving recommendations of
candidate real property under subsection (b), the Director--
``(1) with the concurrence of the head of each landholding
agency, may select the real property for disposal under
subsection (a); and
``(2) shall notify the recommending landholding agency head
of the selection of the real property.
``(d) Website.--The Director shall ensure that all real properties
selected for disposal under this section are listed on a website that
shall--
``(1) be updated routinely; and
``(2) include the functionality to allow any member of the
public, at the option of the member, to receive updates of the
list through electronic mail.
``(e) Transfer of Property.--The Director may transfer real
property selected for disposal under this section to the Department of
Housing and Urban Development if the Secretary of Housing and Urban
Development determines that the real property is suitable for use in
assisting the homeless.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 5 of subtitle I of title 40, United States Code, is amended by
inserting after the item relating to section 611 the following:
``subchapter vii--expedited disposal of real property
``Sec. 621. Definitions.
``Sec. 622. Disposal program.''.
SEC. 10. PROHIBITION ON EARMARKS.
Section 312 of the Congressional Budget Act of 1974 is amended by
inserting at the end the following:
``(g) Prohibition on Earmarks.--
``(1) Bills and joint resolutions.--
``(A) In general.--It shall not be in order in the
Senate or the House of Representatives to consider a
bill, resolution, or amendment that includes an
earmark, limited tax benefit, or limited tariff
benefit.
``(B) Procedure.--In the Senate, a point of order
under this paragraph may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974.
``(2) Conference report.--
``(A) In general.--It shall not be in order in the
Senate or the House of Representatives to vote on the
adoption of a report of a committee of conference if
the report includes an earmark, limited tax benefit, or
limited tariff benefit.
``(B) Procedure.--When the Senate is considering a
conference report on, or an amendment between the
Houses in relation to, an appropriations act, upon a
point of order being made by any Senator pursuant to
this paragraph, and such point of order being
sustained, such material contained in such conference
report shall be deemed stricken, and the Senate shall
proceed to consider the question of whether the Senate
shall recede from its amendment and concur with a
further amendment, or concur in the House amendment
with a further amendment, as the case may be, which
further amendment shall consist of only that portion of
the conference report or House amendment, as the case
may be, not so stricken. Any such motion in the Senate
shall be debatable under the same conditions as was the
conference report. In any case in which such point of
order is sustained against a conference report (or
Senate amendment derived from such conference report by
operation of this subsection), no further amendment
shall be in order.
``(3) Waiver.--Any Senator may move to waive any or all
points of order under this subsection by an affirmative vote of
two-thirds of the Members, duly chosen and sworn.
``(4) Definitions.--For the purpose of this subsection--
``(A) the term `earmark' means a provision or
report language included primarily at the request of a
Senator or Member of the House of Representatives
providing, authorizing, or recommending a specific
amount of discretionary budget authority, credit
authority, or other spending authority for a contract,
loan, loan guarantee, grant, loan authority, or other
expenditure with or to an entity, or targeted to a
specific State, locality or Congressional district,
other than through a statutory or administrative
formula-driven or competitive award process;
``(B) the term `limited tax benefit' means any
revenue provision that--
``(i) provides a Federal tax deduction,
credit, exclusion, or preference to a
particular beneficiary or limited group of
beneficiaries under the Internal Revenue Code
of 1986; and
``(ii) contains eligibility criteria that
are not uniform in application with respect to
potential beneficiaries of such provision; and
``(C) the term `limited tariff benefit' means a
provision modifying the Harmonized Tariff Schedule of
the United States in a manner that benefits 10 or fewer
entities.
``(5) Application.--This subsection shall not apply to any
authorization of appropriations to a Federal entity if such
authorization is not specifically targeted to a State, locality
or congressional district.''. | Implementation of Simpson-Bowles Spending Reductions Act of 2011 - Prohibits the total amount of appropriations to: (1) the White House for the Executive Office of the President and to the President for FY2012-FY2016 from exceeding 85% of the total amount of such appropriations for FY2011, and (2) Congress for such fiscal years from exceeding such a percentage of its FY2011 appropriations as well.
Eliminates cost-of-living (COLA) adjustments for Members of Congress during FY2013-FY2015.
Amends the Continuing Appropriations Act, 2011 to extend through December 31, 2015, the freeze on any COLA to the pay of certain federal civilian employees (thus extending such freeze from two to five calendar years). Extends through such date also the prohibition against receipt by a senior executive or senior-level employee of any increase in the rate of basic pay absent a change of position that results in a substantial increase in responsibility or a promotion.
Requires the Office of Management and Budget (OMB) to: (1) take appropriate measures to ensure that the total number of federal employees, beginning in FY2015, does not exceed 90% of the total number of federal employees on September 30, 2011; (2) continuously monitor all agencies, make a determination on whether the total number of federal employees in any quarter of a fiscal year exceeds the maximum number allowed by this Act, and notify the President and Congress if the number exceeds the maximum; and (3) ensure that there is no increase in the procurement of service contracts due to this Act unless a cost comparison demonstrates that such contracts would be financially advantageous to the federal government. Allows the President to waive the workforce limitations imposed by this Act in specified circumstances.
Requires OMB to take appropriate measures through FY2014 to ensure that agencies shall appoint no more than one employee for every three employees retiring or otherwise separating from government service.
Prohibits the total amount of funds appropriated for travel expenses for each agency for each of FY2012-FY2016 from exceeding 80% of the total amount of funds appropriated for FY2011.
Directs OMB to coordinate with federal departments and independent agencies to take certain steps to limit government printing costs.
Reduces to 80% of the amount for FY2010 the amount made available to the General Services Administration (GSA) for FY2012 and each succeeding fiscal year to acquire new vehicles for the federal fleet.
Requires OMB, by sale or auction, to dispose of a quantity of real property worth at least $100 million altogether (with specified exceptions) that is not being used, and will not be used, to meet the needs of the federal government for FY2011-FY2015.
Amends the Congressional Budget Act of 1974 to make it out of order in either chamber to consider a bill, resolution, or any other measure that includes an earmark or limited tax or tariff benefit.
Permits waiver of such prohibition in the Senate only by an affirmative vote of two-thirds of the Members.
Exempts from such prohibition any authorization of appropriations to a federal entity if such authorization is not specifically targeted to a state, locality, or congressional district. | {"src": "billsum_train", "title": "A bill to adopt the seven immediate reforms recommended by the National Commission on Fiscal Responsibility and Reform to reduce spending and make the Federal government more efficient."} | 3,471 | 689 | 0.623958 | 2.103894 | 0.744811 | 3.370248 | 5.299174 | 0.847934 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Weather Safety Act''.
SEC. 2. NATIONAL CLIMATE CHANGE VULNERABILITY AND RESILIENCE PROGRAM.
(a) Establishment.--The Secretary of Commerce shall establish a
National Climate Change Vulnerability and Resilience Program (in this
section referred to as the ``Program'') for evaluating and making
recommendations with respect to local, regional, and national
vulnerability and resilience to impacts related to both longer term
climatic changes and shorter term climatic variations, including
changes and variations resulting from human activities.
(b) Consultation.--In designing the Program, the Secretary of
Commerce shall consult with Federal agencies participating in the
United States Global Change Research Program and any other appropriate
Federal, State, or local agency.
(c) Office of Climate Change Vulnerability and Resilience
Research.--The Secretary of Commerce shall establish an Office of
Climate Change Vulnerability and Resilience Research (in this section
referred to as the ``Office'') within the Department of Commerce, which
shall be responsible for managing the Program and shall, in accordance
with the design of the Program, coordinate climatic change and climatic
variation vulnerability and resilience research in the United States.
(d) Vulnerability Assessments.--The Program shall include--
(1) evaluations, based on historical data, current
observational data, and, where appropriate, available
predictions, of local, State, regional, and national
vulnerability to phenomena associated with climatic change and
climatic variation, including--
(A) severe weather events, such as severe
thunderstorms, tornadoes, and hurricanes;
(B) annual and interannual climate events, such as
the El Nino Southern Oscillation and the North Atlantic
Oscillation;
(C) changes in sea level and shifts in the
hydrological cycle;
(D) natural hazards, including tsunamis, droughts,
floods, and wildfires; and
(E) alterations of ecological communities as a
result of climatic change and climatic variation; and
(2) the production of a Vulnerability Scorecard, in
cooperation with State and local institutions including
university researchers and programs, that assesses each State's
vulnerability and capacity to respond to climatic change and
climatic variation hazards.
(e) Preparedness Recommendations.--Not later than 2 years after the
date of the enactment of this Act, the Office shall transmit to the
Congress a report that--
(1) includes the Vulnerability Scorecards produced under
subsection (d)(2); and
(2) identifies, and recommends implementation and funding
strategies for, short-term and long-term actions that may be
taken at the local, State, regional, or national level--
(A) to minimize climatic change and climatic
variation threats to human life and property;
(B) to minimize negative economic impacts of
climatic change and climatic variation; and
(C) to improve resilience to climatic change and
climatic variation hazards.
(f) Vulnerability Research.--In addition to its other
responsibilities under this section, the Office shall--
(1) apply the results of available vulnerability research
to develop and improve criteria that measure resilience to
climatic change and climatic variation hazards at the local,
State, regional, and national levels;
(2) coordinate the implementation of short-term and long-
term research programs based on the recommendations made under
subsection (e)(2);
(3) measure progress in increasing each State's capacity to
respond to climatic change and climatic variation hazards,
using the Vulnerability Scorecards produced under subsection
(d)(2) as a benchmark; and
(4) review not less than annually and, when additional
information becomes available making it appropriate, update the
Vulnerability Scorecards and the recommendations made under
subsection (e)(2).
(g) Information and Technology Dissemination.--The Secretary of
Commerce shall make widely available appropriate information,
technologies, and products to assist local, State, regional, and
national efforts to reduce loss of life and property due to climatic
change and climatic variation, and shall coordinate the dissemination
of such information, technologies, and products through all appropriate
channels.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Commerce $10,000,000 for carrying out
this section. | Weather Safety Act - Directs the Secretary of Commerce to: (1) establish a National Climate Change Vulnerability and Resilience Program for evaluating and making recommendations with respect to local, regional, and national vulnerability and resilience to impacts related to short- and long-term climatic changes and variations; and (2) an Office of Climate Change Vulnerability and Resilience Research within the Department of Commerce, which shall manage the Program and coordinate research.Requires the Program to produce a Vulnerability Scorecard that assesses each State's vulnerability and capacity to respond to climatic change and variation hazards.Requires the Office to report to Congress on the Scorecards and actions that may be taken at the local, State, regional, or national level to: (1) minimize climatic threats to human life and property; (2) minimize negative economic impacts; and (3) improve resilience.Directs the Secretary to make information, technologies, and products widely available to assist local, State, regional, and national efforts to reduce the loss of life and property due to climatic change and variation. | {"src": "billsum_train", "title": "To establish a National Climate Change Vulnerability and Resilience Program, and for other purposes."} | 972 | 233 | 0.718102 | 1.96224 | 1.091918 | 4.965347 | 4.19802 | 0.955446 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Forest Stewardship Act''.
SEC. 2. DECLARATIONS.
With respect to the Northern Forest, in the States of Maine, New
Hampshire, New York, and Vermont, Congress declares that--
(1) people have a right to participate in decisions that
affect them;
(2) the rights of private property owners must be
respected;
(3) natural systems must be sustained over the long-term
air, soil, water, and the diversity of plant and animal
species;
(4) the history and culture of the Northern Forest and the
connections between people and the land must be respected;
(5) the Federal Government must work in partnership with
State and local governments;
(6) differences among the 4 Northern Forest States must be
recognized;
(7) people must appreciate that the Northern Forest has
values that are important beyond the boundaries of the forest;
(8) public funds are scarce; the greatest public benefit
must be secured for any additional investment;
(9) proposals must be judged by their long-term benefits;
(10) programs and regulations should be continually
evaluated, built upon, and improved before new ones are
created; and
(11) this Act is enacted to implement the will of the
States, local governments, businesses, landowners, and
concerned citizens, as described by the consensus report of the
Northern Forest Lands Council submitted to Congress in
September 1994.
SEC. 3. MARKETING COOPERATIVES.
(a) In General.--The Secretary of Agriculture shall provide
technical assistance to the States of Maine, New Hampshire, New York,
and Vermont to organize marketing cooperatives of willing landowners to
collectively grow, process, prepare for market, and market raw forest
products in interstate and foreign commerce and to serve other
stewardship goals collectively among willing landowners.
(b) Study.--The Secretary of Agriculture shall prepare a study of
the Northern Forest region to assess--
(1) landowner interest in creating marketing cooperatives;
(2) forest-related economic and environmental benefits that
could be enhanced through marketing cooperatives including the
development of domestic processing plants, access to
professional foresters and forest scientists, biodiversity
protection, and long-term sustainability; and
(3) barriers to creating marketing cooperative for forest
landowners.
SEC. 4. PRINCIPLES OF SUSTAINABILITY.
(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service, shall, at the request of the States of
Maine, New Hampshire, New York, and Vermont, provide technical
assistance in working with the forest products industry, forest-
dependent communities, interested citizens, and scientists, as
appropriate, to define benchmarks of sustainability and establish
practical techniques for implementing and monitoring principles of
sustainability.
(b) Principles of Sustainability.--For the purposes of subsection
(a), principles of sustainability may include--
(1) maintenance of soil productivity;
(2) conservation of water quality, wetlands, and riparian
zones;
(3) maintenance or creation of a healthy balance of forest
age classes;
(4) continuous flow of timber, pulpwood, and other forest
products;
(5) improvement of the overall quality of the timber
resource as a foundation for more value-added opportunities;
(6) addressing scenic quality by limiting adverse aesthetic
impacts of forest harvesting, particularly in high-elevation
areas and vistas;
(7) conservation and enhancment of habitats that support a
full range of native flora and fauna;
(8) protection of unique or fragile natural areas; and
(9) continuation of opportunities for traditional
recreation.
SEC. 5. NORTHERN FOREST RESEARCH COOPERATIVE.
The Secretary of Agriculture, acting through the Northeast Forest
Experiment Station and other programs administered by the Chief of the
Forest Service, shall cooperate with the States of Maine, New
Hampshire, New York, and Vermont, the land grant universities of those
States, natural resource and forestry schools, and other interested
parties in collecting, coordinating, and promoting--
(1) research at those universities on ecosystem health,
forest management, product development, economics, and related
fields;
(2) forest management practices for use by land managers to
maximize multiresource benefits and ecosystem health;
(3) technology transfer to the wood products industry on
efficient processing, pollution prevention, and energy
conservation; and
(4) the dissemination of existing and new information to
landowners, public and private resource managers, State forest
citizen advisory committees, and the general public through
information clearinghouse activities.
SEC. 6. INTERSTATE COORDINATION STRATEGY.
(a) Meetings of Forest Service Representative and Representatives
of States.--The Chief of the Forest Service shall make a representative
of the State and Private Forest Program available to meet jointly at
least once a year with representatives of the States of Maine, New
Hampshire, New York, and Vermont to coordinate the implementation of
Federal, State, and local interests in the Northern Forest.
(b) Appointment.--Representatives of a State may include--
(1) the State forester, commissioner of forestry, or
equivalent officer with responsibility for setting forestry
policy for the State;
(2) 1 representative appointed by the presiding officer of
each house of the State legislature;
(3) a citizen advisory committee appointed by the Governor;
and
(4) the congressional delegation of the State.
SEC. 7. LABOR SAFETY AND TRAINING.
The Secretary of Labor, in cooperation with the Secretary of
Agriculture, acting through the Chief of the Forest Service, shall
provide technical assistance to forest-based industry groups to--
(1) improve workplace safety;
(2) establish and expand appropriate training programs; and
(3) encourage the development of equipment and methods of
timber harvesting that are safer than those currently in use,
profitable, and environmentally compatible.
SEC. 8. LAND CONSERVATION.
(a) Federal Assistance.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, and the Secretary of the
Interior, acting through the Director of the Park Service and Director
of the United States Fish and Wildlife Service, at the request of the
State of Maine, New Hampshire, Vermont, or New York, shall provide
technical and financial assistance for the planning and acquisition of
land and easements.
(b) Criteria.--The planning process to prioritize land conservation
shall include the following criteria:
(1) Conservation of and access to outstanding recreational
values such as hunting, fishing, trapping, camping, boating,
and hiking opportunities.
(2) Outstanding biological diversity, ecological value,
geological features, and ecosystem function.
(3) Willing seller with community approval.
(4) Outstanding scenic value.
(5) The potential of losing any of the values described in
paragraphs (1) through (4) as the result of conversion of land
to a nonforest use.
(c) Method of Acquisition.--The Secretary may acquire lands or
easements for purposes of this Act by donation, purchase or exchange,
or otherwise with the consent of the owner of the lands.
(d) Land Acquisition.--Federal and State cooperative acquisition
projects may be carried out with funding provided exclusively by the
Federal Government or with funding provided by both the Federal
Government and the State government according to Federal conservation
objectives and State conservation objectives.
(e) Complementary Program.--The Secretary of the Interior shall
conduct activities under this section as a complement to the State
Comprehensive Outdoor Recreation Plan for each Northern Forest State
and with a landscape perspective.
(f) Authorization of Appropriations.--There are authorized to be
appropriated, out of the land and water conservation fund established
by section 2 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4), such sums as are necessary to carry out this section.
SEC. 9. LANDOWNER LIABILITY EXEMPTION.
(a) Findings.--Congress finds that--
(1) many landowners allow free access by the general public
to private lands for recreational purposes; and
(2) when landowners make their resources available for
public enjoyment without a fee, landowners should not be liable
for acts based on the mere fact of ownership of undeveloped
land and awareness that a citizen or citizens were using their
land.
(b) Sense of Congress.--It is the sense of Congress that States
should enact laws that protect forest land owners from liability of
responsible use of private lands by citizens who use private lands free
of charge.
SEC. 10. NONGAME CONSERVATION.
(a) Findings.--Congress finds that--
(1) private landowners often manage their lands in ways
that produce a variety of public benefits including wildlife
habitat; and
(2) there should be more incentives for private landowners
to exceed current forest management standards and
responsibilities under Federal laws.
(b) Sense of Congress.--It is the sense of the Congress that
Congress should make it a priority to consider legislation that creates
a funding mechanism to support the conservation of nongame fish and
wildlife and associated recreation activities on public and private
lands and does not replace, substitute, or duplicate existing laws that
support game fish and wildlife.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for fiscal years 1996, 1997,
1998, 1999, and 2000 such sums as are necessary to carry out sections
3, 4, 5, 6, and 7 of this Act and section 2371 of the Rural Economic
Development Act of 1990 (7 U.S.C. 6601) in the States of Maine, New
Hampshire, New York, and Vermont. | Northern Forest Stewardship Act - Directs the Secretary of Agriculture to: (1) provide technical assistance to Maine, New Hampshire, New York, and Vermont for forest products marketing cooperatives, for implementing principles of sustainability, and for land conservation; (2) prepare a related study of the Northern Forest region; and (3) cooperate in Northern Forest research.
Provides for interstate coordination strategy.
Directs the Secretary of Labor to provide technical assistance to forest-based industry for labor safety and training activities.
Authorizes appropriations for: (1) land conservation; and (2) other activities under this Act.
Expresses the sense of the Congress: (1) that States should provide landowners with liability exemptions for permitting free public use of their land; and (2) in favor of a funding mechanism to support conservation of nongame fish and wildlife on public and private land. | {"src": "billsum_train", "title": "Northern Forest Stewardship Act"} | 2,026 | 175 | 0.627191 | 1.849453 | 1.021436 | 3.155172 | 11.293103 | 0.936782 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Back to Work Act of 2012''.
SEC. 2. EXTENSION AND IMPROVEMENT OF WORK OPPORTUNITY TAX CREDIT FOR
VETERANS.
(a) Extension of Credit for Veterans.--Clause (i) of section
51(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking
``December 31, 2012'' and inserting ``December 31, 2013''.
(b) Election To Claim Credit as Exemption From Employment Taxes.--
(1) In general.--Section 3111 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(e) Special Exemption for Certain Veterans.--
``(1) In general.--Subsection (a) shall not apply to wages
paid by a qualified employer with respect to employment during
the period beginning on the day after the date of the enactment
of this subsection and ending on December 31, 2013, of any
specified veteran for services performed--
``(A) in a trade or business of such qualified
employer, or
``(B) in the case of a qualified employer exempt
from tax under section 501(a), in furtherance of the
activities related to the purpose or function
constituting the basis of the employer's exemption
under section 501.
``(2) Limitation.--With respect to any specified veteran
employed by a qualified employer, the amount of wages to which
paragraph (1) applies shall not exceed--
``(A) $125,490 in the case of an individual who is
a qualified veteran by reason of section
51(d)(3)(A)(ii)(II),
``(B) $73,203 in the case of an individual who is a
qualified veteran by reason of section 51(d)(3)(A)(iv),
``(C) $62,745 in the case of an individual who is a
qualified veteran by reason of section
51(d)(3)(A)(ii)(I), and
``(D) $31,373 in the case of any other qualified
veteran.
``(3) Qualified employer.--For purposes of this
subsection--
``(A) In general.--The term `qualified employer'
means any employer other than the United States, any
State, or any political subdivision thereof, or any
instrumentality of the foregoing.
``(B) Treatment of employees of post-secondary
educational institutions.--Notwithstanding subparagraph
(A), the term `qualified employer' includes any
employer which is a public institution of higher
education (as defined in section 101(b) of the Higher
Education Act of 1965).
``(4) Specified veteran.--For purposes of this subsection--
``(A) In general.--The term `specified veteran'
means any individual who--
``(i) begins employment with a qualified
employer after the date of the enactment of
this subsection, and before January 1, 2014,
``(ii) certifies by signed affidavit, under
penalties of perjury, that such individual is a
qualified veteran and whether such individual
is a qualified veteran described in
subparagraph (A), (B), or (C) of paragraph (2),
``(iii) is not employed by the qualified
employer to replace another employee of such
employer unless such other employee separated
from employment voluntarily or for cause, and
``(iv) is not an individual described in
section 51(i)(1) (applied by substituting
`qualified employer' for `taxpayer' each place
it appears).
``(B) Qualified veteran.--The term `qualified
veteran' has the meaning given such term by section
51(d)(3), but applied without regard to whether such
individual has been certified by the designated local
agency.
``(5) Election.--A qualified employer may elect to have
this subsection not apply. Such election shall be made in such
manner as the Secretary may require.''.
(2) Coordination with work opportunity credit.--Section
51(c) of such Code is amended by adding at the end the
following new paragraph:
``(6) Coordination with payroll tax exemption for qualified
veterans.--The credit determined under this section with
respect to any qualified veteran for any taxable year shall be
reduced by an amount equal to 7.65 percent of the qualified
first-year wages paid or incurred by the taxpayer to such
veteran during such taxable year to which section 3111(e)
applied.''.
(3) Transfers to federal old-age and survivors insurance
trust fund.--There are hereby appropriated to the Federal Old-
Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund established under section 201 of the
Social Security Act (42 U.S.C. 401) amounts equal to the
reduction in revenues to the Treasury by reason of the
amendments made by paragraph (1). Amounts appropriated by the
preceding sentence shall be transferred from the general fund
at such times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such Trust
Fund had such amendments not been enacted.
(4) Application to railroad retirement taxes.--
(A) In general.--Section 3221 of the Internal
Revenue Code of 1986 is amended by redesignating
subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Special Exemption for Certain Veterans.--
``(1) In general.--In the case of compensation paid by a
qualified employer during the period beginning on the day after
the date of the enactment of this subsection and ending on
December 31, 2013, with respect to having a specified veteran
in the employer's employ for services rendered to such
qualified employer, the applicable percentage under subsection
(a) shall be equal to the rate of tax in effect under section
3111(b) for the calendar year.
``(2) Limitation.--With respect to any specified veteran
employed by a qualified employer, the amount of compensation to
which paragraph (1) applies shall not exceed--
``(A) $125,490 in the case of an individual who is
a qualified veteran by reason of section
51(d)(3)(A)(ii)(II),
``(B) $73,203 in the case of an individual who is a
qualified veteran by reason of section 51(d)(3)(A)(iv),
``(C) $62,745 in the case of an individual who is a
qualified veteran by reason of section
51(d)(3)(A)(ii)(I), and
``(D) $31,373 in the case of any other qualified
veteran.
``(3) Qualified employer.--The term `qualified employer'
means any employer other than the United States, any State, or
any political subdivision thereof, or any instrumentality of
the foregoing.
``(4) Specified veteran.--For purposes of this subsection--
``(A) In general.--The term `specified veteran'
means any individual who--
``(i) begins employment with a qualified
employer after the date of the enactment of
this subsection, and before January 1, 2014,
``(ii) certifies by signed affidavit, under
penalties of perjury, that such individual is a
qualified veteran and whether such individual
is a qualified veteran described in
subparagraph (A), (B), or (C) of paragraph (2),
``(iii) is not employed by the qualified
employer to replace another employee of such
employer unless such other employee separated
from employment voluntarily or for cause, and
``(iv) is not an individual described in
section 51(i)(1) (applied by substituting
`qualified employer' for `taxpayer' each place
it appears).
``(B) Qualified veteran.--The term `qualified
veteran' has the meaning given such term by section
51(d)(3), but applied without regard to whether such
individual has been certified by the designated local
agency.
``(5) Election.--A qualified employer may elect to have
this subsection not apply. Such election shall be made in such
manner as the Secretary may require.''.
(B) Transfers to social security equivalent benefit
account.--There are hereby appropriated to the Social
Security Equivalent Benefit Account established under
section 15A(a) of the Railroad Retirement Act of 1974
(45 U.S.C. 231n-1(a)) amounts equal to the reduction in
revenues to the Treasury by reason of the amendments
made by subparagraph (A). Amounts appropriated by the
preceding sentence shall be transferred from the
general fund at such times and in such manner as to
replicate to the extent possible the transfers which
would have occurred to such Account had such amendments
not been enacted.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid after the date of the enactment of this Act. | Veterans Back to Work Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2013 the work opportunity tax credit for hiring qualified veterans (veterans receiving compensation for a service-connected disability and other federal assistance), and (2) allow employers who hire qualified veterans an exemption through 2013 from employment and railroad retirement taxes. Appropriates amounts to the Social Security Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund to cover any revenue loss to such Funds resulting from this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the work opportunity tax credit for veterans and to allow an exemption from an employer's employment taxes in an amount equivalent to the value of such credit."} | 2,000 | 110 | 0.527489 | 1.273745 | 0.686402 | 2.48 | 17.57 | 0.82 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Charitable Volunteers Tax Credit
Incentive Act of 1995''.
SEC. 2. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE
CHARITIES PROVIDING ASSISTANCE TO THE POOR.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS.
``(a) In General.--In the case of an eligible taxpayer, there shall
be allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to so much of the qualified charitable
contributions which are paid by the taxpayer to 1 qualified charity as
do not exceed $500.
``(b) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any individual who has worked at least 50
hours at the qualified charity identified under subsection (c) during
the taxable year.
``(c) Qualified Charitable Contribution.--For the purposes of this
section, the term `qualified charitable contribution' means any
charitable contribution (as defined in section 170(c)) made in cash,
but only if the amount of such contribution, the qualified charity, and
the number of hours worked by the taxpayer at the qualified charity are
identified on the return for the taxable year during which such
contribution is made.
``(d) Qualified Charity.--
``(1) In general.--For purposes of this section, the term
`qualified charity' means, with respect to the taxpayer, any
organization described in section 501(c)(3) and exempt from tax
under section 501(a)--
``(A) which is certified by the Secretary as
meeting the requirements of paragraphs (2) and (3); and
``(B) which is organized under the laws of a State
at the time the contribution is made and is exempt from
income taxation (if any) by such State.
``(2) Charity must primarily assist the poor.--An
organization meets the requirements of this paragraph only if
the predominant activity of such organization is the provision
of services to individuals whose annual incomes do not exceed
150 percent of the official poverty line (as defined by the
Office of Management and Budget).
``(3) Minimum expenditure requirement.--
``(A) In general.--An organization meets the
requirements of this paragraph only if the Secretary
reasonably expects that the annual exempt purpose
expenditures of such organization will not be less than
70 percent of the annual aggregate expenditures of such
organization.
``(B) Exempt purpose expenditure.--For purposes of
subparagraph A--
``(i) In general.--The term `exempt purpose
expenditure' means any expenditure to carry out
the activity referred to in paragraph (2).
``(ii) Exceptions.--Such term shall not
include--
``(I) any administrative expense;
``(II) any expenses for the purpose
of influencing legislation (as defined
in section 4911(d));
``(III) any expense primarily for
the purpose of fundraising; and
``(IV) any expense for a legal
service provided on behalf of any
individual referred to in paragraph
(2).
``(e) Donor May Not Have Financial Interest in Charity.--
``(1) In general.--No credit shall be allowed under this
section for any contribution made to an organization if the
donor or any member of the donor's family is an officer or
employee of such organization.
``(2) Self-dealing.--To the extent provided by the
Secretary by regulation, no credit shall be allowed under this
section for any contribution made to an organization if--
``(A) the donor,
``(B) any member of the family of the donor, or
``(C) any thirty-five percent controlled entity of
persons described in subparagraph (A) or (B), engages
in significant activities with respect to such
organization which are a type described in section
4941(d) (relating to self-dealing).
``(3) 35-percent controlled entity.--
``(A) In general.--For purposes of paragraph (2),
the term `35-percent controlled entity' means--
``(i) a corporation in which persons
described in subparagraph (A) or (B) of
paragraph (2) own more than 35 percent of the
combined voting power,
``(ii) a partnership in which such persons
own more than 35 percent of the profits
interest, and
``(iii) a trust or estate in which such
persons own more than 35 percent of the
beneficial interest.
``(B) Constructive ownership rules.--Rules similar
to the rules of paragraphs (3) and (4) of section
4946(a) shall apply for purposes of this paragraph.
``(4) Member of the family.--For the purposes of this
subsection, the members of an individual's family shall be
determined under section 4946(d).
``(f) Coordination With Deduction for Charitable Contributions.--
``(1) Credit in lieu of deductions.--The credit provided by
subsection (a) for any qualified charitable deduction shall be
in lieu of any deduction otherwise allowable under this chapter
for such contribution.
``(2) Election to have this section not apply.--A taxpayer
may elect for any taxable year to have this section not
apply.''.
(b) Qualified Charities Required To Provide Copies of Annual
Return.--Subsection (e) of section 6104 of such code (relating to
public inspection of certain annual returns and applications for
exemption) is amended by adding at the end the following new paragraph:
``(3) Charities receiving creditable contributions required
to provide copies of annual return.--
``(A) In general.--Every qualified charity (as
defined in section 23(d)) shall, upon request of an
individual made at an office where such organization's
annual return filed under section 6033 is required
under paragraph (1) to be available for inspection,
shall provide a copy of such return to such individual
without charge other than a reasonable fee for any
reproduction and mailing costs. If the request is made
in person, such copies shall be provided immediately
and, if made other than in person, shall be provided
within 30 days.
``(B) Period of availability.--Subparagraph (A)
shall only apply during the 3-year period beginning on
the filing date (as defined in paragraph (1)(D) of the
return requested).''.
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter of such Code is amended by inserting
after the item relating to section 22 the following new item:
``Sec. 23. Credit for certain charitable contributions.''.
(d) Effective Date.--The amendments made by this section shall
apply to contributions made and work performed after the 90th day after
the date of the enactment of this Act, in taxable years ending after
such date. | Amends the Internal Revenue Code to create a tax credit not to exceed $500 (in lieu of a deduction) for cash contributions made by an individual to a tax-exempt private charitable organization primarily assisting the poor, for which the individual must also have worked at least 50 hours.
Denies such credit if the donor or a family member is an officer or employee of such organization, or has another specified relationship with the organization that would involve self-dealing. | {"src": "billsum_train", "title": "Charitable Volunteers Tax Credit Incentive Act of 1995"} | 1,613 | 101 | 0.488934 | 1.163053 | 0.390272 | 1.8 | 16.355556 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Net Price Calculator Improvement
Act''.
SEC. 2. MINIMUM STANDARDS FOR NET PRICE CALCULATORS.
Section 132(h) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)) is amended--
(1) by redesignating paragraph (4) as paragraph (6);
(2) in paragraph (2), by inserting before the period ``,
and, not later than 1 year after the date of enactment of the
Net Price Calculator Improvement Act, shall meet the
requirements of paragraph (4)(B)'';
(3) in paragraph (3), by inserting after the first sentence
the following: ``Not later than 1 year after the date of
enactment of the Net Price Calculator Improvement Act, such
calculator shall meet the requirements of paragraph (4).''; and
(4) by inserting after paragraph (3) the following:
``(4) Minimum requirements for net price calculators.--Not
later than 1 year after the date of enactment of the Net Price
Calculator Improvement Act, a net price calculator for an
institution of higher education shall, at a minimum, meet the
following requirements:
``(A) The link for the calculator--
``(i) is clearly labeled as a `net price
calculator' and prominently, clearly, and
conspicuously (in such size and contrast (such
as shade) that it is readily noticeable and
readable) posted in locations on the
institution's website where information on
costs and aid is provided (such as financial
aid, prospective students, or tuition and fees
web pages);
``(ii) matches in size and font to the
other prominent links on the primary menu; and
``(iii) may also be included on the
institution's compliance web page, which
contains information relating to compliance
with Federal, State, and local laws.
``(B) The results screen for the calculator
specifies the following information:
``(i) The individual net price (as
calculated under paragraph (2)) for the
individual student, which is the most visually
prominent figure on the results screen.
``(ii) Cost of attendance, including--
``(I) annual tuition and fees and
total estimated cost for a student,
based on normal time for completion of,
or graduation from, the student's
particular program of study;
``(II) average annual cost of room
and board for the institution for a
first-time, full-time undergraduate
student enrolled in the institution;
``(III) average annual cost of
books and supplies for a first-time,
full-time undergraduate student
enrolled in the institution; and
``(IV) estimated cost of other
expenses (including personal expenses
and transportation) for a first-time,
full-time undergraduate student
enrolled in the institution.
``(iii) Estimated total need-based grant
aid and merit-based grant aid, from Federal,
State, and institutional sources, that may be
available to the individual student, showing
the subtotal for each category and the total of
all sources of grant aid, and disaggregated by
academic year for normal time for completion
of, or graduation from, the student's
particular program of study.
``(iv) Percentage of the first-time, full-
time undergraduate students enrolled in the
institution that received any type of grant aid
described in clause (iii), disaggregated by
their first year and subsequent years of
enrollment up to the number of years for normal
completion of, or graduation from, their
particular program of study.
``(v) The disclaimer described in paragraph
(6).
``(vi) In the case of a calculator that--
``(I) includes questions to
estimate a student's (or prospective
student's) eligibility for veterans'
education benefits (as defined in
section 480) or educational benefits
for active duty service members, such
benefits are displayed on the results
screen in a manner that clearly
distinguishes them from the grant aid
described in clause (iii); or
``(II) does not include questions
to estimate eligibility for the
benefits described in subclause (I),
the results screen indicates--
``(aa) that certain
students (or prospective
students) may qualify for such
benefits;
``(bb) states why the
institution is not including
questions to estimate a
student's eligibility for such
benefits; and
``(cc) includes a link to
an appropriate Federal website
that provides information about
such benefits.
``(C) The institution populates the calculator with
data from not earlier than 2 academic years prior to
the most recent academic year.
``(5) Prohibition on use of data collected by the net price
calculator.--A net price calculator for an institution of
higher education shall--
``(A) clearly indicate which questions are required
to be completed for an estimate of the net price from
the calculator;
``(B) in the case of a calculator that requests
contact information from users, clearly mark such
requests as `optional';
``(C) prohibit any personally identifiable
information provided by users from being sold or made
available to third parties; and
``(D) clearly state `Any information that you
provide on this site is confidential. The Net Price
Calculator does not store your responses or require
personal identifying information of any kind.'.''.
SEC. 3. UNIVERSAL NET PRICE CALCULATOR.
Section 132(h) of the Higher Education Act of 1965 (20 U.S.C.
1015a(h)), as amended by section 2, is further amended by adding at the
end the following:
``(7) Universal net price calculator.--
``(A) In general.--The Secretary may develop a
universal net price calculator that is housed within
the Department of Education, with Department branding,
and that may be based on or utilize an existing
platform developed by a public or private entity,
that--
``(i) enables users to answer one set of
questions and receive net prices for any
institution that is required to have a net
price calculator under this subsection;
``(ii) provides the information required
under subparagraphs (B) and (C) of paragraph
(4) for each institution for which a net price
is being sought;
``(iii) is developed in consultation with
the heads of relevant Federal agencies; and
``(iv) before being finalized and publicly
released, is tested in accordance with
subparagraph (B).
``(B) Consumer testing.--
``(i) In general.--If the Secretary
develops a universal net price calculator under
subparagraph (A), the Secretary, in
consultation with the heads of relevant Federal
agencies, shall establish a process to submit
the universal net price calculator developed
under this paragraph for consumer testing among
representatives of students (including low-
income students, first generation college
students, adult students, and prospective
students), students' families (including low-
income families, families with first generation
college students, and families with prospective
students), institutions of higher education,
secondary school and postsecondary counselors,
and nonprofit consumer groups.
``(ii) Length of consumer testing.--The
Secretary shall ensure that the consumer
testing lasts no longer than 6 months after the
process for consumer testing is developed under
clause (i).
``(iii) Use of results.--The results of
consumer testing under clause (i) shall be used
in the final development of the universal net
price calculator.
``(iv) Reporting requirement.--Not later
than 3 months after the date the consumer
testing under clause (i) concludes, the
Secretary shall submit to Congress the final
universal net price calculator and a report
detailing the results of such testing,
including whether the Secretary added any
additional items to the calculator as a result
of such testing.
``(v) Authority to modify.--The Secretary
may modify the definitions, terms, formatting,
and design of the universal net price
calculator based on the results of consumer
testing required under this paragraph and
before finalizing the calculator.
``(8) Report from secretary.--Not later than 1 year after
the date of enactment of the Net Price Calculator Improvement
Act, the Secretary shall submit a report to Congress on steps
taken to raise awareness of net price calculators among
prospective students and families, particularly among students
in middle school and high school and students from low-income
families.''. | Net Price Calculator Improvement Act This bill amends the Higher Education Act of 1965 to establish the minimum requirements for the net price calculator that an institution of higher education (IHE) receiving federal funds under title IV (Student Assistance) of the Act must include on its website. (An IHE's net price is the average yearly price actually charged to first-time, full-time undergraduate students receiving student aid at the school after deducting such aid.) It authorizes the Department of Education to develop a universal net price calculator that enables users to answer one set of questions and receive net prices for any IHE that is required to have a net price calculator. | {"src": "billsum_train", "title": "Net Price Calculator Improvement Act"} | 1,841 | 143 | 0.549476 | 1.544643 | 0.707123 | 3.307087 | 14.330709 | 0.866142 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Church Arson Prevention Act of
1996''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The incidence of arson or other destruction or
vandalism of places of religious worship, and the incidence of
violent interference with an individual's lawful exercise or
attempted exercise of the right of religious freedom at a place
of religious worship pose a serious national problem.
(2) The incidence of arson of places of religious worship
is particularly acute in the context of places of religious
worship that serve predominantly African-American
congregations.
(3) Damage to religious property based on the religious,
racial, or ethnic character of that property--
(A) hinders interstate commerce by impeding the
movement of members of targeted groups in areas of our
Nation and preventing them from engaging in commerce in
those areas on account of their race, color, religion,
or national origin;
(B) impedes individuals in moving interstate
because of their race, color, religion, or national
origin;
(C) is often committed by individuals with ties to
groups that operate nationwide; and
(D) disrupts the tranquility and safety of
communities and is deeply divisive.
(4) Changes in Federal law are necessary to deal properly
with this problem.
(5) Although local jurisdictions have attempted to respond
to the challenges posed by such acts of destruction or damage
to religious property, the problem is sufficiently serious,
widespread, and interstate in scope to warrant Federal
intervention to assist State and local jurisdictions.
(6) Congress has authority pursuant to the Commerce clause
of the Constitution to make acts of destruction or damage to
religious property a violation of Federal law.
(7) Congress has authority pursuant to section 2 of the
13th amendment to make actions of private citizens motivated by
race, color, or ethnicity that interfere with the ability of
citizens to hold or use religious property without fear of
attack, violations of Federal criminal law.
(8) Congress has authority pursuant to section 2 of the
13th amendment to make the commission of an arson or other bias
motivated destruction or vandalism of a place of religious
worship violations of Federal criminal law.
(9) Congress has the authority pursuant to section 5 of the
14th amendment to make violent interference with a citizen's
free exercise of the right of religious worship through damage
to religious property a violation of Federal law.
SEC. 3. PROHIBITION OF VIOLENT INTERFERENCE WITH RELIGIOUS WORSHIP.
Section 247 of title 18 of the United States Code is amended--
(1) in subsection (a)--
(A) in paragraph (1) by inserting ``, racial, or
ethnic'' after ``of the religious''; and
(B) by striking ``subsection (c)'' and inserting
``subsection (d)'';
(2) by striking subsection (b) and inserting the following:
``(b) The circumstances referred to in subsection (a) are that--
``(1) the offense is in or affects interstate or foreign
commerce; or
``(2) in committing, planning, or preparing to commit an
offense, the defendant--
``(A) travels in interstate or foreign commerce; or
``(B) uses the mail or any facility or
instrumentality of interstate or foreign commerce.'';
(3) by redesignating subsections (c), (d), and (e), as
subsections (d), (e), and (f), respectively, and adding the
following subsection:
``(c) Whoever intentionally defaces, damages, or destroys any
religious real property because of the race, color, religious
characteristics or ethnic characteristics of any individual associated
with that religious property, or attempts to do so, shall be punished
as provided in subsection (d) of this section.'';
(4) in subsection (d)(2), as redesignated, by striking ``a
fine in accordance with this title and imprisonment for not
more than ten years, or both'' and inserting the following:
``in accordance with the penalties provided in section 844(i)
of this title'';
(5) in subsection (f), as redesignated, by inserting ``,
including fixtures or religious objects contained within a
place of religious worship'' after ``other religious
property''; and
(6) by inserting the following new subsection:
``(g) No person shall be prosecuted, tried, or punished for any
noncapital offense under this section unless the indictment is found or
the information is instituted within 7 years after the date on which
the offense was committed.''.
SEC. 4. LOAN GUARANTEE RECOVERY FUND.
(a) In General.--Notwithstanding any other provision of law, for
the cost of loans guaranteed (referred to as ``guaranteed loans'') by
the Secretary of Housing and Urban Development (the ``Secretary''), the
Secretary may use up to $5,000,000 of the credit subsidy provided under
the General and Special Risk Insurance Fund from the Department of
Housing and Urban Development fiscal year 1996 appropriations Act.
Guaranteed loans shall be extended to financial institutions in
connection with loans made by such institutions to assist organizations
described in section 501(c)(3) of the Internal Revenue Code of 1986
that have been damaged as a result of acts of arson or terrorism, as
certified pursuant to procedures to be established by the Secretary.
Any loan guarantee program established pursuant to this authorization
shall be administered by the Federal Housing Administration.
(b) Transfer of Balances.--Amounts for guarantees may be derived
from the transfer of unobligated balances in the account (including
recaptures of previously obligated amounts notwithstanding section
8(bb) of the United States Housing Act of 1937).
(c) Treatment of Costs.--The costs of guaranteed loans, including
the cost of modifying loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
(d) Limit on Loan Principal.--Funds made available by this section
shall be available to subsidize total loan principal, any part of which
is to be guaranteed, not to exceed $10,000,000.
(e) Terms and Conditions.--The Secretary shall--
(1) establish such terms and conditions as the Secretary
considers appropriate to provide guarantees under this section;
and
(2) include in the terms and conditions a requirement that
the decision to provide a guarantee to a financial institution
and the amount of the guarantee does not in any way depend on
the purpose, function, or identity of the organization to which
the financial institution has made, or intends to make, a loan.
SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, in fiscal years 1996 and 1997 such sums as are
necessary to increase the number of personnel, investigators, and
technical support personnel to investigate, prevent, and respond to
potential violations of sections 247 and 844 of title 18, United States
Code, and section 5861 of the Internal Revenue Code of 1986 directed
toward religious real property. These additional investigators,
technical support personnel, and other personnel shall primarily
participate in the investigation, response to, and prevention of
possible violations of the Federal laws referred to in the preceding
sentence and train and empower State and local law enforcement in the
investigation and prevention of suspicious fires.
SEC. 6. REAUTHORIZATION OF HATE CRIMES STATISTICS ACT.
The first section of the Hate Crimes Statistics Act (28 U.S.C. 534
note) is amended--
(1) in subsection (b), by striking ``for the calendar year
1990 and each of the succeeding 4 calendar years'' and
inserting ``for each calendar year''; and
(2) in subsection (c), by striking ``through fiscal year
1994''.
SEC. 7. SENSE OF THE SENATE.
The Senate--
(1) commends those individuals and entities that have
responded with funds to assist in the rebuilding of places of
worship that have been victimized by arson; and
(2) encourages the private sector to continue these efforts
so that places of worship that are victimized by arson, and
their affected communities, can continue the rebuilding process
with maximum financial support from private individuals,
businesses, charitable organizations, and other non-profit
entities.
SEC. 8. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any other person or circumstance shall not be affected
thereby. | Church Arson Prevention Act of 1996 - Makes Federal criminal code prohibitions against, and penalties for, damaging religious property or obstructing any person's free exercise of religious beliefs applicable where: (1) the property is damaged because of its racial or ethnic character; and (2) the offense is in, or affects, interstate commerce. (Currently such provisions apply only where: (1) the property is damaged because of its religious character; (2) the defendant, in committing the offense, travels in interstate or foreign commerce or uses a facility or instrumentality of interstate or foreign commerce in interstate or foreign commerce; and (3) the loss exceeds $10,000.)
Prohibits intentionally defacing, damaging, or destroying religious real property (or attempting to do so) because of the race, color, religious, or ethnic characteristics of any individual associated with such property.
Increases penalties for violations of such provisions where bodily injury results or where such acts include the use, or attempted or threatened use, of a dangerous weapon, explosives, or fire.
Includes within the definition of "religious property" fixtures or religious objects contained within a place of religious worship.
Sets a seven-year statute of limitation for the prosecution, trial, or punishment of a person for any noncapital offense under such provisions.
Authorizes the Secretary of Housing and Urban Development to use up to $5 million of the credit subsidy provided under the General and Special Risk Insurance Fund for guaranteed loans to financial institutions in connection with loans made to assist certain tax exempt religious or other organizations that have been damaged by arson or terrorism.
Authorizes appropriations to the Departments of the Treasury and Justice, including the Community Relations Service, to increase personnel to investigate, prevent, and respond to potential violations of this Act and Federal explosives prohibitions.
Reauthorizes the Hate Crimes Statistics Act.
Commends those individuals and entities that have responded with funds to assist in the rebuilding of places of worship that have been victimized by arson. Encourages the private sector to continue such efforts. | {"src": "billsum_train", "title": "Church Arson Prevention Act of 1996"} | 1,920 | 441 | 0.671541 | 2.206081 | 0.707394 | 3.1625 | 4.5675 | 0.8525 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Security Community
Mobilization Act of 2006''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There has been a substantial increase in poverty within
the United States during the past five years. The greatest
concentration of poverty exists in large metropolitan areas.
(2) The plight of the poor in New Orleans, Louisiana, as
revealed during the Katrina hurricane and the flood it caused
poses a considerable threat to health and life and creates
conditions that foster a total breakdown of civil society.
(3) The rescue and survival effort during the Katrina
disaster was greatly impeded by the lack of engagement and
contact with institutions and procedures of the mainstream
world.
(4) The lack of employment is at the center of problems
impacting on the poor and the primary antidote to alleviation
would be jobs.
(5) Within the Community Service Agency (CSA) there is a
structure in place presently capable of rapidly implementing
programs geared to help the poor. Through this Act, in
alignment with the Community Services Block Grant's purpose to
provide members of the community with meaningful employment,
low-income residents of metropolitan areas can be engaged in a
beneficially meaningful way while providing a vital service to
their communities.
(6) The structure established to implement the Faith Based
Initiative project is also immediately adoptable for the
implementation of programs to employ, train, counsel and place
low-income residents in permanent jobs.
(7) The shamefully slow pace of disaster recovery in New
Orleans and the Gulf Coast area demonstrates a need for
emergency action by the Congress.
(8) Circumstances require the launching of pilot projects
in Katrina-ravaged New Orleans and at least nine other at-risk
cities where recently released surveys and studies have shown
significant increases in poverty.
SEC. 3. HOMELAND SECURITY COMMUNITY MOBILIZATION PROGRAM.
(a) Establishment of Program.--There is hereby established the
Homeland Security Community Mobilization Program (hereafter in this Act
referred to as the ``Program'', which shall be administered under the
authority of the Secretary of Health and Human Services (hereafter in
this Act referred to as the ``Secretary'').
(b) Pilot Projects.--To implement the Program, the Secretary may
make grants to local entities in 10 metropolitan areas (including the
city of New Orleans, Louisiana) to carry out pilot projects that--
(1) provide emergency response training to low-income
adults and youth to prepare them to provide emergency
assistance in metropolitan areas during disasters (These
individuals will provide neighborhood response to natural
disasters and terrorist attacks and shall be trained to work as
Neighborhood Emergency Response Operators.),
(2) provide job training and financial assistance to
families with children in school. Families with incomes under
the poverty line with children in school shall receive priority
for support (Stipends shall be made available for travel costs
and other expenses incurred for attendance in school-related
meetings. Cash award incentives shall also be made available
for improved student performance. Participants shall be trained
to work as Informed Parent Program Specialists.),
(3) provide community education and school support
(Programs shall be established that organize parents and
volunteers to assist schools in such areas as school safety,
student discipline, after-school and weekend extracurricular
activities, physical education and sports activities, and
assistance with truant and delinquent children. Entry level job
training shall be developed for School Community
Coordinators.),
(4) provide juvenile delinquency prevention programs and
youth counseling (Programs shall be established which focus on
at-risk youth and are geared primarily to youth with identified
problems. Such programs shall work with family courts and
juvenile detention centers as well as work with school
counselors. Individuals shall be trained to work as Youth
Ombudsman and Child Advocates.),
(5) provide entrepreneurial business development training
for youth (Programs shall be established which place low-income
youth in local business internship positions for the purpose of
teaching them the fundamentals of small business operations and
preparing them to establish and operate small concessions and
other entrepreneurial enterprises. Individuals shall be trained
to work as Young Community Leader Trainees.), and
(6) provide family health care information and solutions
(Programs shall be established to train citizens to monitor
areas of potential terrorist attacks and low-level germ warfare
and to be first responders to such situations. Trainees shall
also make available to citizens of the community greater
amounts of detailed information diseases such as AIDS as well
as the sudden dangers of maladies such as West Nile Virus or
possible epidemics like Avian Flu. Individuals shall be trained
to work as Health Care Information Specialists.).
SEC. 4. APPLICATION AND EVALUATION.
(a) Application.--To be eligible to receive a grant under the
Program, a local entity in a metropolitan area shall submit an
application to the Secretary at such time and containing such
information as the Secretary shall require by rule.
(b) Evaluation.--The Secretary shall issue such rules, and shall
carry out such activities, as may be necessary to ensure that
recipients of grants made under this Act--
(1) keep records to account for the expenditure of funds
received under such grants,
(2) evaluate the activities such recipients carry out with
such funds, and
(3) submit to the Secretary such reports regarding such
activities as the Secretary may require to evaluate the
performance of such recipients and the efficacy of such
activities.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,000,000,000 for each of the fiscal years 2007, 2008, 2009, 2010, and
2011. | Homeland Security Community Mobilization Act of 2006 - Establishes the Homeland Security Community Mobilization Program, under which the Secretary of Health and Human Services shall make grants to local entities in 10 metropolitan areas (including New Orleans, Louisiana) to carry out pilot projects that provide: (1) emergency response training to prepare low-income adults and youth to provide emergency assistance in metropolitan areas during disasters; (2) job training and financial assistance to families with children in school, awarding priority to families with incomes under the poverty line; (3) community education and school support; (4) juvenile delinquency prevention programs and youth counseling; (5) entrepreneurial business development training for youth; and (6) family health care information and solutions. | {"src": "billsum_train", "title": "To establish the Homeland Security Community Mobilization Program."} | 1,223 | 147 | 0.556524 | 1.597754 | 0.874636 | 4.723404 | 8.361702 | 0.950355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Presidential Commission to Study the
Culture and Glorification of Violence in America Act''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the Presidential
Commission to Study the Culture and Glorification of Violence in
America (hereinafter the ``Commission'').
SEC. 3. DUTIES OF COMMISSION.
The Commission shall--
(1) examine the glorification of violence in the United
States;
(2) examine the relationship between psychological stress
and increased violence;
(3) examine the role of the media in the violent atmosphere
prevalent today;
(4) examine the correlation, if any, between ease of access
to firearms and increased violence;
(5) examine the role of the school system in identifying
potential perpetrators of violence; and
(6) make findings and conclusions, and recommend potential
solutions (including recommendations for legislation and
administrative action) to alleviate the problems of
glorification of violence in the United States.
SEC. 4. MEMBERSHIP OF COMMISSION.
(a) Number and Appointment.--The Commission shall be composed of 22
members (hereinafter the ``members'') who shall be appointed as
follows:
(1) 10 members appointed by the President.
(2) 3 members appointed by the majority leader of the House
of Representatives.
(3) 3 members appointed by the minority leader of the House
of Representatives.
(4) 3 members appointed by the majority leader of the
Senate.
(5) 3 members appointed by the minority leader of the
Senate.
(b) Qualifications.--
(1) In general.--Members shall have special knowledge of or
experience in the issue of violence in America, and may include
sociologists, psychologists, clergy, school counselors, law
enforcement officials, victims of violence, and representatives
from the media and the entertainment and gun industries.
(2) Political affiliation.--Political affiliation shall not
be a determining factor in the appointment of members.
(c) Deadline for Appointment.--Every original member shall be
appointed to the Commission not later than 90 days after the date of
the enactment of this Act.
(d) Terms and Vacancies.--Each member shall be appointed for the
life of the Commission. A vacancy in the Commission shall be filled in
the manner in which the original appointment was made.
(e) Basic Pay.--Members shall not be paid by reason of their
service as members.
(f) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with section
5703 of title 5, United States Code.
(g) Quorum.--Nine members shall constitute a quorum for conducting
the business of the Commission, but a lesser number may hold hearings.
(h) Chairperson.--The members shall elect one member to act as the
Chairperson of the Commission (hereinafter the ``Chairperson'').
(i) Meetings.--The Commission shall meet at the call of the
Chairperson.
SEC. 5. STAFF OF COMMISSION.
(a) Staff.--The Chairperson may appoint and fix the pay of the
Commission personnel as the Chairperson considers appropriate.
(b) Applicability of Certain Civil Service Laws.--The staff of the
Commission shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(c) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of the department or agency to
assist the Commission in carrying out the duties of the Commission.
SEC. 6. POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may hold hearings, sit
and act at times and places, take testimony, and receive evidence as
the Commission considers appropriate to carry out this Act.
(b) Powers of Members and Agents.--The Commission may delegate to a
member or agency any authority of the Commission under subsection (c)
or (e).
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chairperson, the head of the department or agency shall furnish
the information to the Commission.
(d) 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 duties.
(e) Contract Authority.--The Commission may contract with and
compensate Government or private agencies or persons for supplies or
services, without regard to section 3709 of the Revised Statutes (41
U.S.C. 5).
SEC. 7. REPORT OF COMMISSION.
The Commission shall transmit a report to the President and the
Congress not later than one year after the date that all original
members have been appointed to the Commission. The report shall contain
a detailed statement of the findings, conclusions, and recommendations
of the Commission.
SEC. 8. TERMINATION OF COMMISSION.
The Commission shall terminate 30 days after submitting the report
required by section 7.
SEC. 9. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs (A) and (C) of
section 401(c)(2) of the Congressional Budget Act of 1974) authorized
by this Act shall be effective only to such extent and in such amounts
as are provided in appropriations Acts. | Presidential Commission to Study the Culture and Glorification of Violence in America Act - Establishes the Presidential Commission to Study the Culture and Glorification of Violence in America. Directs the Commission to: (1) examine the glorification of violence in the United States; (2) examine the relationship between psychological stress and increased violence; (3) examine the media's role in the violent atmosphere prevalent today; (4) examine the correlation, if any, between ease of access to firearms and increased violence; (5) examine the role of the school system in identifying potential perpetrators of violence; and (6) make findings and conclusions and recommend potential solutions to alleviate the problems of glorification of violence in the United States. | {"src": "billsum_train", "title": "Presidential Commission to Study the Culture and Glorification of Violence in America Act"} | 1,294 | 150 | 0.71859 | 2.25692 | 0.855602 | 7.528986 | 8.318841 | 0.963768 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Engagement Teams Act'' or
``VET Act''.
SEC. 2. PILOT PROGRAM ON DEPARTMENT OF VETERANS AFFAIRS VETERAN
ENGAGEMENT TEAM EVENTS.
(a) In General.--
(1) Pilot program.--Beginning not later than October 1,
2016, the Secretary of Veterans Affairs shall carry out a 3-
year pilot program under which the Secretary shall carry out
events, to be known as ``Veteran Engagement Team events''. The
Secretary shall ensure that such events are carried out--
(A) during the first year during which the
Secretary carries out the pilot program, at least once
a month in a location within the jurisdiction of each
of 10 regional offices of the Department of Veterans
Affairs, including at least 2 regional offices in each
of the 5 districts of the Veterans Benefits
Administration under the organization of such
Administration in effect as of the date of the
enactment of this Act; and
(B) during each of the second and third years
during which the Secretary carries out the pilot
program, at least once a month in a location within the
jurisdiction of each of 15 regional offices of the
Department, including at least 3 regional offices in
each such district.
(2) Veteran engagement team events.--During each Veteran
Engagement Team event, the Secretary shall provide assistance
to veterans in completing and adjudicating claims for
disability compensation under chapter 11 of title 38, United
States Code, and for pension under chapter 15 of such title.
The Secretary shall ensure that--
(A) all Veteran Engagement Team events occur during
the normal business hours of the sponsoring regional
office;
(B) the events are carried out at different
locations within the jurisdiction of each regional
office and at least 50 miles from any regional office;
(C) a sufficient number of physicians (to be
available for opinions only), veteran service
representatives and rating veteran service
representatives, and other personnel are available at
the events to initiate, update, and finalize the
completion and adjudication of claims;
(D) veterans service organizations have access to
the events for purposes of providing assistance to
veterans; and
(E) a veteran who is unable to complete and
adjudicate a claim at an event is informed of what
additional information or actions are needed to
finalize the claim.
(b) Location.--In selecting locations for Veteran Engagement Team
events under this section, the Secretary shall--
(1) coordinate with veteran service organizations and State
and local veterans agencies; and
(2) seek to select locations that are community-based and
easily accessible.
(c) Transfer of Personnel.--
(1) Physicians.--The Secretary may not permanently transfer
any physician employed by the Veterans Health Administration
for the purpose of staffing a Veteran Engagement Team event.
(2) Payment of salaries.--Any amount payable to an employee
of the Department for work performed at a Veteran Engagement
Team event is payable only from amounts otherwise available for
the payment of the salary of the employee. No additional
amounts are authorized to be appropriated under this section
for the payment of salaries for Department employee.
(d) Other Authorities.--In carrying out the pilot program under
this section, the Secretary may--
(1) coordinate with States, local governments, nonprofit
organizations, and private sector entities to use facilities to
host Veteran Engagement Team events for no or minimal costs;
and
(2) accept, on a without compensation basis, services
provided by non-Department physicians in rendering medical
opinions relating to claims for compensation and pension.
(e) Customer Satisfaction Surveys.--In carrying out the pilot
program under this section, the Secretary shall collect and analyze
information about the customer satisfaction of veterans who have
received assistance at an Veteran Engagement Team event.
(f) Reports.--Not later than April 30, 2017, and annually
thereafter beginning on October 1, 2017, for the duration of the
program, the Secretary shall submit to Congress a report on the
implementation and effectiveness of the events. Such report shall
include--
(1) the number and types of claims completed and
adjudicated at the events;
(2) the number and types of claims for which assistance was
sought at the events that were not completed or adjudicated at
the events and the reasons such claims were not completed or
adjudicated; and
(3) an analysis of the customer satisfaction of veterans
who have received assistance at an event based on the
information collected under subsection (e).
SEC. 3. MODIFICATION TO LIMITATION ON AWARDS AND BONUSES.
Section 705 of the Veterans Access, Choice, and Accountability Act
of 2014 (Public Law 113-146; 38 U.S.C. 703 note) is amended to read as
follows:
``SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
``The Secretary of Veterans Affairs shall ensure that the aggregate
amount of awards and bonuses paid by the Secretary in a fiscal year
under chapter 45 or 53 of title 5, United States Code, or any other
awards or bonuses authorized under such title or title 38, United
States Code, does not exceed the following amounts:
``(1) With respect to fiscal year 2017, $250,000,000.
``(2) With respect to each of fiscal years 2018 through
2024, $360,000,000.''.
Passed the House of Representatives June 21, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Veteran Engagement Teams Act or the VET Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA), beginning not later than October 1, 2016, to carry out a three-year pilot program under which the VA shall carry out Veteran Engagement Team events to assist veterans in completing VA disability and pension claims. Such events shall be carried out: during the first year, at least once a month within the jurisdiction of each of 10 VA regional offices, including at least 2 regional offices in each of the 5 districts of the Veterans Benefits Administration; during each of the second and third years, at least once a month within the jurisdiction of each of 15 VA regional offices, including at least 3 regional offices in each district; at different locations within each regional office's jurisdiction and at least 50 miles from any regional office; during the sponsoring regional office's normal business hours; and with a sufficient number of physicians (to be available for opinions only), veteran service and rating representatives, and other appropriate claims personnel to initiate, update, and finalize the completion and adjudication of claims. Amounts shall be paid to a VA employee for event work only from amounts otherwise available for the employee's salary. No additional appropriations are authorized for such payments. The VA shall: (1) collect and analyze event-satisfaction information from attending veterans, and (2) report annually to Congress on event implementation. The VA may not permanently transfer any Veterans Health Administration physician to staff an event. (Sec. 3) The Veterans Access, Choice, and Accountability Act of 2014 is amended to reduce the aggregate amount of awards and bonuses that may be paid by the VA in FY2017. | {"src": "billsum_train", "title": "Veteran Engagement Teams Act"} | 1,172 | 351 | 0.783389 | 2.444453 | 0.933614 | 3.831361 | 3.331361 | 0.908284 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeland Investment Act of 2003''.
SEC. 2. TOLL TAX ON EXCESS QUALIFIED FOREIGN DISTRIBUTION AMOUNT.
(a) In General.--Subpart F of part III of subchapter N of chapter 1
of the Internal Revenue Code of 1986 (relating to controlled foreign
corporations) is amended by adding at the end the following new
section:
``SEC. 965. TOLL TAX IMPOSED ON EXCESS QUALIFIED FOREIGN DISTRIBUTION
AMOUNT
``(a) Toll Tax Imposed on Excess Qualified Foreign Distribution
Amount.--If a taxpayer elects the application of this section, a tax
shall be imposed on the taxpayer in an amount equal to 5.25 percent
of--
``(1) the excess qualified foreign distribution amount, and
``(2) the amount determined under section 78 that is
attributable to such excess qualified foreign distribution
amount.
Such tax shall be imposed in lieu of the tax imposed under section 1 or
11 on such amounts.
``(b) Excess Qualified Foreign Distribution Amount.--
``(1) In general.--The term `excess qualified foreign
distribution amount' means the excess (if any) of--
``(A) dividends received by the taxpayer during the
taxable year from corporations that are controlled
foreign corporations in which the taxpayer is a United
States shareholder on the date such dividends are paid,
over
``(B) the base dividend amount.
``(2) Base dividend amount.--The term `base dividend
amount' means an amount not less than the average amount of
dividends received during the fixed base period from
corporations that are controlled foreign corporations in which
the taxpayer is a United States shareholder on the date such
dividends are paid.
``(3) Fixed base period.--
``(A) In general.--The term `fixed base period'
means each of 3 taxable years which are among the 5
most recent taxable years of the taxpayer ending on or
before December 31, 2002, determined by disregarding--
``(i) the 1 taxable year for which the
corporation had the highest amount of dividends
from controlled foreign corporations relative
to the other 4 taxable years, and
``(ii) the one taxable year for which the
corporation had the lowest amount of dividends
from controlled foreign corporations relative
to the other 4 taxable years.
``(B) Shorter period.--If the taxpayer has fewer
than 5 taxable years ending on or before December 31,
2002, then in lieu of applying subparagraph (b)(3)(A),
the fixed base period shall mean such shorter period
representing all of the taxable years beginning on or
before December 31, 2002. Rules similar to the rules of
section 41(f)(3) shall apply in the case of
acquisitions or dispositions of controlled foreign
corporations beginning after the fixed base period.
``(c) Definitions and Special Rules.--
``(1) Dividends.--For purposes of this section, the term
`dividend' means a dividend as defined in section 316, except
that the term shall also include amounts described in section
951(a)(1)(B), and shall exclude amounts described in section
78.
``(2) Controlled foreign corporations and united states
shareholders.--For purpose of this section, the term
`controlled foreign corporation' shall have the same meaning as
under section 957(a) and the term `United States shareholder'
shall have the same meaning as under section 951(b).
``(3) Foreign tax credits.--The amount of any income, war,
profits, or excess profits taxes paid (or deemed paid under
sections 902 and 960) or accrued by the taxpayer with respect
to the excess qualified foreign distribution amount for which a
credit would be allowable under section 901 in the absence of
this section shall be reduced by 85 percent.
``(4) Foreign tax credit limitation.--For all purposes of
section 904, there shall be disregarded 85 percent of--
``(A) the excess qualified foreign distribution
amount, and
``(B) the amount determined under section 78 that
is attributable to such excess qualified foreign
distribution amount.
``(5) Treatment of consolidated groups.--Members of an
affiliated group of corporations filing a consolidated return
under section 1501 shall be treated as a single taxpayer in
applying the rules of this section.
``(6) Designation of dividends.--The taxpayer shall
designate the particular dividends received during the taxable
year from one or more controlled foreign corporations in which
it is a United States shareholder that are dividends excluded
from the excess qualified foreign distribution amount. The
total amount of such designated dividends shall equal the base
dividend amount.
``(d) Election.--
``(1) In general.--An election under this section shall be
made on the taxpayer's timely filed income tax return for the
taxable year (determined by taking extensions into account)
and, once made, may be revoked only with the consent of the
Secretary.
``(2) All controlled foreign corporations.--The election
shall apply to all controlled foreign corporations in which the
taxpayer is a United States shareholder during the taxable
year.
``(3) Consolidated groups.--If a taxpayer is a member of an
affiliated group of corporations filing a consolidated return
under section 1501 for the taxable year, an election under this
section shall be made by the common parent of the affiliated
group which includes the taxpayer, and shall apply to all
members of the affiliated group.
``(e) Regulations.--The Secretary shall prescribe such regulations
as may be necessary and appropriate to carry out the purposes of this
section, including regulations under section 55 and regulations
addressing corporations that, during the fixed base period or
thereafter, join or leave an affiliated group of corporations filing a
consolidated return.''.
(b) Clerical Amendment.--The table of sections for such subpart is
amended by adding at the end the following new item:
``Sec. 965. Toll tax imposed on excess
qualified foreign distribution
amount.''.
(c) Effective Date.--The amendments made by this section shall
apply only to the first taxable year of the electing taxpayer ending
120 days after the date of the enactment of this Act. | Homeland Investment Act of 2003 - Amends the Internal Revenue Code to permit a U.S. corporation doing business abroad to elect to have its foreign earnings taxed in the United States for one year at a rate equal to 5.25 percent of the excess qualified foreign distribution and the amount attributable to such corporation as controlled foreign-earned dividends in lieu of being taxed under individual or corporate rates.Limits foreign tax credits with respect to dividends taxed at such 5.25 percent rate. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to encourage investing of foreign earnings within the United States for productive business purposes."} | 1,406 | 110 | 0.59731 | 1.443978 | 0.798894 | 1.709302 | 14.674419 | 0.732558 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TVA Customer Protection Act of
1998''.
SEC. 2. INCLUSION IN DEFINITION OF PUBLIC UTILITY.
(a) In General.--Section 201(e) of the Federal Power Act (16 U.S.C.
824(e)) is amended by inserting before the period at the end the
following: ``, and includes the Tennessee Valley Authority''.
(b) Conforming Amendment.--Section 201(f) of the Federal Power Act
(16 U.S.C. 824(f)) is amended by striking ``foregoing, or any
corporation'' and inserting ``foregoing (other than the Tennessee
Valley Authority) or any corporation''.
SEC. 3. DISPOSITION OF PROPERTY.
Section 203 of the Federal Power Act (16 U.S.C. 824b) is amended by
adding at the end the following:
``(c) TVA Exception.--This section does not apply to a disposition
of the whole or any part of the facilities of the Tennessee Valley
Authority if--
``(1) the Tennessee Valley Authority discloses to the
Commission (on a form, and to the extent, that the Commission
shall prescribe by regulation) the sale, lease, or other
disposition of any part of its facilities that--
``(A) is subject to the jurisdiction of the
Commission under this Part; and
``(B) has a value of more than $50,000; and
``(2) all proceeds of the sale, lease, or other disposition
under paragraph (1) are applied by the Tennessee Valley
Authority to the reduction of debt of the Tennessee Valley
Authority.''.
SEC. 4. FOREIGN OPERATIONS; PROTECTIONS.
Section 208 of the Federal Power Act (16 U.S.C. 824g) is amended by
adding at the end the following:
``(c) Tennessee Valley Authority.--
``(1) Limit on charges.--
``(A) No authorization or permit.--The Commission
shall issue no order under this Act that has the effect
of authorizing or permitting the Tennessee Valley
Authority to make, demand, or receive any rate or
charge, or impose any rule or regulation pertaining to
a rate or charge, that includes any costs incurred by
or for the Tennessee Valley Authority in the conduct of
any activities or operations outside the United States.
``(B) Unlawful rate.--
``(i) In general.--Any rate, charge, rule,
or regulation described in subparagraph (A)
shall be deemed for the purposes of this Act to
be unjust, unreasonable, and unlawful.
``(ii) No limitation on authority.--Clause
(i) does not limit the authority of the
Commission under any other provision of law to
regulate and establish just and reasonable
rates and charges for the Tennessee Valley
Authority.
``(2) Annual report.--The Tennessee Valley Authority shall
annually--
``(A) prepare and file with the Commission, in a
form that the Commission shall prescribe by regulation,
a report setting forth in detail any activities or
operations engaged in outside the United States by or
on behalf of the Tennessee Valley Authority; and
``(B) certify to the Commission that the Tennessee
Valley Authority has neither recovered nor sought to
recover the costs of activities or operations engaged
in outside the United States by or on behalf of the
Tennessee Valley Authority in any rate, charge, rule,
or regulation on file with the Commission.''.
SEC. 5. TVA POWER SALES.
(a) In General.--Part II of the Federal Power Act (16 U.S.C. 824 et
seq.) is amended by adding at the end the following:
``SEC. 215. TVA POWER SALES.
``(a) In General.--The Tennessee Valley Authority shall not sell
electric power to a retail customer that will consume the power within
the area that, on the date of enactment of this section, is assigned by
law as the distributor service area, unless--
``(1) the customer (or predecessor in interest to the
customer) was purchasing electric power directly from the
Tennessee Valley Authority as a retail customer on that date;
``(2) the distributor is purchasing firm power from the
Tennessee Valley Authority in an amount that is equal to not
more than 50 percent of the total retail sales of the
distributor; or
``(3) the distributor agrees that the Tennessee Valley
Authority may sell power to the customer.
``(b) Retail Sales.--Notwithstanding any other provision of law,
the rates, terms, and conditions of retail sales of electric power by
the Tennessee Valley Authority that are not prohibited by this section
shall be subject to regulation under State law applicable to public
utilities in the manner and to the extent that a State commission or
other regulatory authority determines appropriate.''.
(b) Transition.--
(1) Filing requirement.--Not later than 180 days after the
date of enactment of this Act, the Tennessee Valley Authority
shall file all rates and charges for the transmission or sale
of electric energy and the classifications, practices, and
regulations affecting those rates and charges, together with
all contracts that in any manner affect or relate to contracts
that are required to be filed under Part II of the Federal
Power Act (16 U.S.C. 824 et seq.), as amended by subsection
(a), and that are in effect as of the date of enactment of this
Act.
(2) No initial review.--A filing under this section that is
timely made under subsection (a) shall be accepted for filing
without initial review by the Federal Energy Regulatory
Commission.
SEC. 6. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
Part III of the Federal Power Act (16 U.S.C. 825 et seq.) is
amended--
(1) by redesignating sections 319 through 321 as sections
320 through 322, respectively; and
(2) by inserting after section 318 the following:
``SEC. 319. FILING AND FULL DISCLOSURE OF TVA DOCUMENTS.
``(a) In General.--The Tennessee Valley Authority shall file and
disclose the same documents and other information that other public
utilities are required to file under this Act, as the Commission shall
require by regulation.
``(b) Regulation.--
``(1) Timing.--The regulation under subsection (a) shall be
promulgated not later than 1 year after the date of enactment
of this section.
``(2) Considerations.--In promulgating the regulation under
subsection (a), the Commission shall take into consideration
the practices of the Commission with respect to public
utilities other than the Tennessee Valley Authority.''.
SEC. 7. APPLICABILITY OF THE ANTITRUST LAWS.
The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.)
is amended by inserting after section 16 the following:
``SEC. 17. APPLICABILITY OF THE ANTITRUST LAWS.
``(a) Definition of Antitrust Laws.--In this section, the term
`antitrust laws' means--
``(1) an antitrust law (within the meaning of section (1)
of the Clayton Act (15 U.S.C. 12));
``(2) the Act of June 19, 1936 (commonly known as the
`Robinson Patman Act') (49 Stat. 1526, chapter 323; 15 U.S.C.
13 et seq.); and
``(3) section 5 of the Federal Trade Commission Act (15
U.S.C. 45), to the extent that the section relates to unfair
methods of competition.
``(b) Applicability.--Nothing in this Act modifies, impairs, or
supersedes the antitrust laws.
``(c) Antitrust Laws.--
``(1) TVA deemed a person.--The Tennessee Valley Authority
shall be deemed to be a person, and not government, for
purposes of the antitrust laws.
``(2) Applicability.--Notwithstanding any other provision
of law, the antitrust laws (including the availability of any
remedy for a violation of an antitrust law) shall apply to the
Tennessee Valley Authority notwithstanding any determination
that the Tennessee Valley Authority is a corporate agency or
instrumentality of the United States or is otherwise engaged in
governmental functions.''.
SEC. 8. SAVINGS PROVISION.
(a) Definition of TVA Distributor.--In this section, the term ``TVA
distributor'' means a cooperative organization or publicly owned
electric power system that, on January 2, 1998, purchased electric
power at wholesale from the Tennessee Valley Authority under an all-
requirements power contract.
(b) Effect of Act.--Nothing in this Act or any amendment made by
this Act--
(1) subjects any TVA distributor to regulation by the
Federal Energy Regulatory Commission; or
(2) abrogates or affects any law in effect on the date of
enactment of this Act that applies to a TVA distributor.
SEC. 9. PROVISION OF CONSTRUCTION EQUIPMENT, CONTRACTING, AND
ENGINEERING SERVICES.
Section 4 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831c) is amended by adding at the end the following:
``(m) Provision of Construction Equipment, Contracting, and
Engineering Services.--
``(1) In general.--Notwithstanding any other provision of
this Act, except as provided in this subsection, the
Corporation shall not have power to--
``(A) rent or sell construction equipment;
``(B) provide a construction equipment maintenance
or repair service;
``(C) perform contract construction work; or
``(D) provide a construction engineering service;
to any private or public entity.
``(2) Electrical contractors.--The Corporation may provide
equipment or a service described in subparagraph (1) to a
private contractor that is engaged in electrical utility work
on an electrical utility project of the Corporation.
``(3) Customers, distributors, and governmental entities.--
The Corporation may provide equipment or a service described in
subparagraph (1) to--
``(A) a power customer served directly by the
Corporation;
``(B) a distributor of Corporation power; or
``(C) a Federal, State, or local government entity;
that is engaged in work specifically related to an electrical
utility project of the Corporation.
``(4) Used construction equipment.--
``(A) Definition of used construction equipment.--
In this paragraph, the term `used construction
equipment' means construction equipment that has been
in service for more than 2,500 hours.
``(B) In general.--The Corporation may dispose of
used construction equipment by means of a public
auction conducted by a private entity that is
independent of the Corporation.
``(C) Debt reduction.--The Corporation shall apply
all proceeds of a disposition of used construction
equipment under subparagraph (B) to the reduction of
debt of the Corporation.''. | TVA Customer Protection Act of 1998 - Amends the Federal Power Act to treat the Tennessee Valley Authority (TVA) as a public utility subject to regulation by the Federal Energy Regulatory Commission (FERC).
Exempts TVA facilities from the requirement of prior FERC approval for any disposition of property if proper disclosure has been made, and all disposition proceeds are applied towards TVA debt reduction.
Prohibits FERC from permitting TVA to impose any rate or charge, or any rule or regulation pertaining to a rate or charge, for costs incurred in the conduct of TVA activities or operations outside the United States. Deems any such rate, charge, rule, or regulation to be unjust, unreasonable, and unlawful. Mandates an annual TVA report to FERC detailing its activities outside the United States.
Prohibits TVA electric power sales to a retail customer within a distributor service area assigned by law, unless: (1) the customer was purchasing electric power directly from TVA on the date of enactment of this Act; (2) the distributor purchases firm power from TVA that is no more than 50 percent of its total retail sales; or (3) the distributor agrees that TVA may sell power to the customer. Subjects TVA retail electric power sales to applicable State law.
Subjects TVA to the same filing and disclosure requirements as pertain to other public utilities.
Amends the Tennessee Valley Authority Act of 1933 to subject TVA to the antitrust laws.
Denies TVA any power to rent, sell, or otherwise provide construction equipment or services to, or perform contract construction work for, any public or private entity, except for certain electrical contractors, customers, distributors, and governmental entities engaged in electrical utility work on a TVA electrical utility project. | {"src": "billsum_train", "title": "TVA Customer Protection Act of 1998"} | 2,438 | 366 | 0.563907 | 1.790101 | 0.773563 | 3.026946 | 6.616766 | 0.907186 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Investor Protections
Enhancement Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Senior.--The term ``senior'' means an individual who is
62 years of age or older.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 77b et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a et seq.), and the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.).
SEC. 3. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1933.
(a) Civil Actions.--Section 20(d)(2) of the Securities Act of 1933
(15 U.S.C. 77t(d)(2)) is amended by adding at the end the following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation described in paragraph (1) that may
be imposed under subparagraph (A), (B), or (C) may be
increased by not more than $50,000, if the violation is
primarily directed toward, targets, or is committed
against an individual who, at the time of the
violation, is 62 years of age or older.''.
(b) Other Violations.--Section 24 of the Securities Act of 1933 (15
U.S.C. 77x) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a),
the amount of a fine that may be imposed under subsection (a) may be
increased by not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an individual who, at
the time of the violation, is 62 years of age or older.''.
SEC. 4. ENHANCED PENALTIES FOR VIOLATIONS OF SECURITIES ACT OF 1934.
(a) Civil Actions.--Section 21(d)(3)(B) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end
the following:
``(iv) Special rule for seniors.--
Notwithstanding clauses (i), (ii), and (iii),
the amount of penalty for each violation
described in subparagraph (A) that may be
imposed under clause (i), (ii), or (iii) may be
increased by not more than $50,000, if the
violation is primarily directed toward,
targets, or is committed against an individual
who, at the time of the violation, is 62 years
of age or older.''.
(b) Willful Violations.--Section 21B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the
following:
``(4) Special rule for seniors.--Notwithstanding paragraphs
(1), (2), and (3), the amount of penalty for each violation
described in subsection (a) that may be imposed under paragraph
(1), (2), or (3) may be increased by not more than $50,000, if
the violation is primarily directed toward, targets, or is
committed against an individual who, at the time of the
violation, is 62 years of age or older.''.
(c) Other Violations.--Section 32 of the Securities Exchange Act of
1934 (15 U.S.C. 78ff) is amended by adding at the end the following:
``(d) Special Rule for Seniors.--Notwithstanding subsection (a),
the amount of fine that may be imposed under subsection (a) may be
increased by not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an individual who, at
the time of the violation, is 62 years of age or older.''.
SEC. 5. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT COMPANY ACT OF
1940.
(a) Willful Violations.--Section 9(d)(2) of the Investment Company
Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation described in paragraph (1) that may
be imposed under subparagraph (A), (B), or (C) may be
increased by not more than $50,000, if the violation is
primarily directed toward, targets, or is committed
against an individual who, at the time of the
violation, is 62 years of age or older.''.
(b) Civil Actions.--Section 42(e)(2) of the Investment Company Act
of 1940 (15 U.S.C. 80a-41(l)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation described in paragraph (1) that may
be imposed under subparagraph (A), (B), or (C) may be
increased by not more than $50,000, if the violation is
primarily directed toward, targets, or is committed
against an individual who, at the time of the
violation, is 62 years of age or older.''.
(c) Other Violations.--Section 49 of the Investment Company Act of
1940 (15 U.S.C. 80a-48) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a),
the amount of fine that may be imposed under subsection (a) may be
increased by not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an individual who, at
the time of the violation, is 62 years of age or older.''.
SEC. 6. ENHANCED PENALTIES FOR VIOLATIONS OF INVESTMENT ADVISERS ACT OF
1940.
(a) Willful Violations.--Section 203(i)(2) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at
the end the following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation described in paragraph (1) that may
be imposed under subparagraph (A), (B), or (C) may be
increased by not more than $50,000, if the violation is
primarily directed toward, targets, or is committed
against an individual who, at the time of the
violation, is 62 years of age or older.''.
(b) Civil Actions.--Section 209(e)(2) of the Investment Advisers
Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the
following:
``(D) Special rule for seniors.--Notwithstanding
subparagraphs (A), (B), and (C), the amount of penalty
for each violation under this title that may be imposed
under subparagraph (A), (B), or (C) may be increased by
not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an
individual who, at the time of the violation, is 62
years of age or older.''.
(c) Other Violations.--Section 217 of the Investment Advisers Act
of 1940 (15 U.S.C. 80b-17) is amended--
(1) by inserting ``(a) In General.--'' before ``Any
person''; and
(2) by adding at the end the following:
``(b) Special Rule for Seniors.--Notwithstanding subsection (a),
the amount of fine that may be imposed under subsection (a) may be
increased by not more than $50,000, if the violation is primarily
directed toward, targets, or is committed against an individual who, at
the time of the violation, is 62 years of age or older.''.
SEC. 7. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and amend the Federal
sentencing guidelines and policy statements to ensure that the
guideline offense levels and enhancements appropriately punish
violations of the securities laws against seniors.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that section 2B1.1 and 2C1.1 of the Federal
sentencing guidelines (and any successors thereto) apply to and
punish offenses in which the victim of a violation of the
securities laws is a senior;
(2) ensure reasonable consistency with other relevant
directives, provisions of the Federal sentencing guidelines,
and statutory provisions;
(3) make any necessary and conforming changes to the
Federal sentencing guidelines, in accordance with the
amendments made by this Act; and
(4) ensure that the Federal sentencing guidelines
adequately meet the purposes of sentencing set forth in section
3553(a)(2) of title 18, United States Code. | Senior Investor Protections Enhancement Act of 2008 - Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to increase to a maximum of $50,000 the civil penalty for a violation of the Act primarily directed toward or committed against a senior (age 62 or older).
Directs the United States Sentencing Commission to review and amend federal sentencing guidelines and policy statements to ensure that guideline offense levels and enhancements appropriately punish criminal violations of the securities laws against seniors. | {"src": "billsum_train", "title": "A bill to enhance penalties for violations of securities protections that involve targeting seniors."} | 2,263 | 121 | 0.565497 | 1.53233 | 0.601689 | 3.846154 | 18.480769 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Flood Mapping Act of
2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Map.--The term ``map'' means a National Flood Insurance
Program rate map.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army, acting through the Chief of Engineers.
(3) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Emergency Preparedness and Response,
acting through the Director of the Federal Emergency Management
Agency or a successor official.
SEC. 3. IDENTIFICATION OF FLOODPRONE AREAS.
(a) In General.--Section 1360 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101) is amended--
(1) in subsection (a), by striking paragraph (2) and
inserting the following:
``(2) in cooperation with State and local mapping
partners--
``(A) establish, update, and maintain flood-risk
zone data in the areas described in paragraph (1); and
``(B) make estimates with respect to the rates of
loss caused by floods in flood-risk zones of each such
area.'';
(2) in subsection (c), by striking ``to the
identification'' and all that follows through the end of the
subsection and inserting the following: ``to--
``(1) the identification and mapping of--
``(A) flood hazard areas; and
``(B) flood-risk zones; and
``(2) the review and updating of maps in coastal areas.'';
and
(3) in subsection (g)--
(A) in the first sentence--
(i) by striking ``To promote'' and
inserting the following:
``(1) In general.--To promote''; and
(ii) by inserting ``and in accordance with
paragraph (2)'' after ``free of charge''; and
(B) in the second sentence, by striking ``Any
receipts'' and inserting the following:
``(2) Requirements.--Flood insurance rate maps and related
information shall be made available under paragraph (1)--
``(A) on the website of the Federal Emergency
Management Agency; and
``(B) in a format that--
``(i) is digital; and
``(ii) is geospatial data-compliant, as
determined in accordance with the standards
established by the Open Geospatial Consortium.
``(3) Deposit of receipts.--Any receipts''.
(b) Termination Date for Technical Mapping Advisory Council.--
Section 576 of the National Flood Insurance Reform Act of 1994 (42
U.S.C. 4101 note; 108 Stat. 2280) is amended--
(1) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) make recommendations to the Director with respect
to--
``(A) performance metrics and milestones to
effectively and efficiently map flood risk areas in the
United States; and
``(B) procedures for delegating mapping activities
to State and local government mapping partners; and'';
and
(2) by striking subsection (k).
SEC. 4. NATIONAL FLOOD MAPPING PROGRAM.
(a) Reviewing, Updating, and Maintaining Maps.--
(1) In general.--The Under Secretary, in coordination with
the Technical Mapping Advisory Council established under
section 576 of the National Flood Insurance Reform Act of 1994
(42 U.S.C. 4101 note; 108 Stat. 2280) (as amended by section
3(b)), shall establish a program under which the Under
Secretary shall review, update, and maintain National Flood
Insurance Program rate maps in accordance with this subsection.
(2) Inclusions.--
(A) Covered areas.--Each map updated under this
subsection shall include a depiction of--
(i) the 500-year floodplain;
(ii) areas that could be inundated as a
result of the failure of a levee, as determined
by the Under Secretary; and
(iii) areas that could be inundated as a
result of the failure of a dam, as identified
under the National Dam Safety Program Act (33
U.S.C. 467 et seq.).
(B) Other inclusions.--In updating maps under this
subsection, the Under Secretary shall include--
(i) any relevant information on coastal
inundation from--
(I) an applicable inundation map of
the Corps of Engineers; and
(II) data of the National Oceanic
and Atmospheric Administration relating
to storm surge modeling;
(ii) any relevant information of the
Geographical Service on stream flows, watershed
characteristics, and topography that is useful
in the identification of flood hazard areas, as
determined by the Under Secretary; and
(iii) a description of any hazard that
might impact flooding, including, as determined
by the Under Secretary--
(I) land subsidence and coastal
erosion areas;
(II) sediment flow areas;
(III) mud flow areas;
(IV) ice jam areas; and
(V) areas on coasts and inland that
are subject to the failure of
structural protective works, such as
levees, dams, and floodwalls.
(3) Standards.--In updating and maintaining maps under this
subsection, the Under Secretary shall establish standards to--
(A) ensure that maps are adequate for--
(i) flood risk determinations; and
(ii) use by State and local governments in
managing development to reduce the risk of
flooding; and
(B) facilitate the Under Secretary, in conjunction
with State and local governments, to identify and use
consistent methods of data collection and analysis in
developing maps for communities with similar flood
risks, as determined by the Under Secretary.
(4) Hurricanes katrina and rita mapping priority.--In
updating and maintaining maps under this subsection, the Under
Secretary shall--
(A) give priority to the updating and maintenance
of maps of coastal areas affected by Hurricane Katrina
or Hurricane Rita to provide guidance with respect to
hurricane recovery efforts; and
(B) use the process of updating and maintaining
maps under subparagraph (A) as a model for updating and
maintaining other maps.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Under Secretary to carry out this
subsection $400,000,000 for each of fiscal years 2006 through
2012.
(b) Coastal Winter Storm and Hurricane Area Identification.--
(1) In general.--For purposes of the National Flood
Insurance Program, the Secretary shall identify areas that are,
or could be, affected by a coastal winter storm or hurricane of
each of categories 1 through 5, as rated on the Saffir-Simpson
Hurricane Scale, in coastal States that are, or could be,
affected by hurricanes, as determined by the Secretary.
(2) Authorization of appropriations.--There is authorized
to be appropriated to the Chief of Engineers to carry out this
subsection $9,000,000, to remain available until expended.
(c) Review of Executive Order.--The Comptroller General of the
United States shall review the guidance and regulations issued pursuant
to Executive Order 11988 (42 Fed. Reg. 26951, May 25, 1977; relating to
floodplain management) to--
(1) determine Federal agency compliance with the Executive
order; and
(2) make recommendations for restricting Federal investment
and assistance in floodplains, including activities relating to
flood damage recovery.
SEC. 5. NATIONAL LEVEE INVENTORY.
To identify levees for the National Flood Insurance Program, the
Secretary shall maintain and periodically publish an inventory of
levees in the United States. | National Flood Mapping Act of 2005 - Amends the National Flood Insurance Act of 1968 to require the Director of the Federal Emergency Management Agency (FEMA) to cooperate with state and local mapping partners in establishing, updating, and maintaining flood-risk zone data and estimating the rates of loss caused by floods in flood-risk zones.
Requires specified federal agency heads to give the highest practicable priority in the allocation of manpower and other resources to the review and updating of maps in coastal areas.
Requires flood insurance maps and related information to be made available on the FEMA website and in a format that is digital and geospatial data-compliant.
Amends the National Flood Insurance Reform Act of 1994 to direct the Technical Mapping Advisory Council to make recommendations to the Director with respect to: (1) performance metrics and milestones to effectively and efficiently map flood risk areas; and (2) procedures for delegating mapping activities to state and local government mapping partners. Makes the Council permanent.
Requires the Under Secretary of Homeland Security for Emergency Preparedness and Response, acting through the Director of FEMA or a successor official, to establish a program for review, updating, and maintenance of National Flood Insurance Program rate maps in accordance with this Act.
Requires the Secretary of Homeland Security, for purposes of the National Flood Insurance Program, to identify areas that are, or could be, affected by hurricanes.
Directs the Comptroller General to review the guidance and regulations issued pursuant to Executive Order 11988 to: (1) determine federal agency compliance with the Order; and (2) make recommendations for restricting federal investment and assistance in floodplains.
Directs the Secretary to publish periodically an inventory of levees in the United States. | {"src": "billsum_train", "title": "A bill to provide for the reviewing, updating, and maintenance of National Flood Insurance Program rate maps, and for other purposes."} | 1,709 | 372 | 0.624903 | 1.797933 | 0.877572 | 4.079027 | 4.762918 | 0.911854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State and Local Access to Fair
Prescription Drug Prices Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--
(1) The majority of States are facing their worst fiscal
crisis since World War II. Soaring healthcare costs are
deepening the crisis. Healthcare costs grew an average of 11
percent in 2002 and are expected to grow to 13 percent in
fiscal year 2004. Healthcare spending currently accounts for
approximately 30 percent of total State budgets.
(2) As the economy continues to struggle, State revenues
continue to fall dramatically while spending pressure has
grown. Thirty-seven States reduced fiscal 2003 enacted budgets
by nearly $14,500,000,000, the largest spending cut since 1979.
(3) State drug expenditures for public employees,
dependents and retirees, medicaid beneficiaries, and the
uninsured are rising each year. As more Americans lose jobs and
health care coverage for themselves and their dependents,
States' share of medicaid costs grew by 13 percent in fiscal
year 2002. This growth is expected to rise by an estimated 8
percent in fiscal year 2003 and 4.9 percent in fiscal year 2004
based on governors' fiscal 2004 budget proposals.
(4) In February 2002, the National Governor's Association
passed a resolution urging Congress to review Federal laws
which may be contributing to the ``high cost of prescription
drugs''.
(5) Several States and localities are currently seeking to
reimport drugs from Canada and other foreign countries in an
attempt to lower prescription drug costs.
(6) Foreign nations and Federally funded health care
programs use purchasing power to obtain prescription drugs at
low prices. States and localities are not legally allowed to
reimport prescription drugs. This Act will provide an
appropriate alternative by allowing states and localities to
purchase prescription drugs domestically at prices roughly
equivalent to those available in foreign nations and Federally
funded health care programs.
(7) Implementation of the policy set forth in this Act may
reduce prices for brand name prescription drugs for many States
and localities by up to 40 percent.
(b) Purpose.--The purpose of this Act is to make prescription drugs
available to States and local governments and residents thereof at
prices that are substantially lower than current United States prices.
SEC. 3. PARTICIPATING MANUFACTURERS.
(a) Availability of Drugs for Purchase.--
(1) In general.--Each participating manufacturer of a
covered outpatient drug shall make available for purchase in
whole or in part by each State for the benefit of residents
within the State whose cost of covered outpatient drugs are
paid for by the State through a group health program, a retiree
health program, a State or local pharmaceutical assistance
program, or other similar program (including, to the extent
provided under subsection (f)(2), a State medicaid program),
such covered outpatient drug in the amount described in
subsection (b) at the price described in subsection (c).
(2) Direct purchases by agents.--The requirements of
paragraph (1) shall apply in the case of purchases by an
organization or agent of the State that directly purchases
covered outpatient prescription drugs on behalf of the State,
or on behalf of a county or municipality of such State, for
residents described in such paragraph.
(b) Description of Amount of Drugs.--The amount of a covered
outpatient drug that a participating manufacturer shall make available
for purchase by a State or local government (or agent thereof) is an
amount equal to the aggregate amount of the covered outpatient drug
sold or distributed to residents described in subsection (a) in that
State.
(c) Description of Price.--
(1) In general.--The price at which a participating
manufacturer shall make a covered outpatient drug available for
purchase by a pharmacy is a price no greater than the
manufacturer's average foreign price.
(2) Handling fee.--Nothing in this subsection shall be
construed to prevent a pharmacy from assessing a reasonable (as
determined by the Secretary in consultation with pharmacy
stakeholders) handling fee in connection with the provision of
covered outpatient prescription drugs to residents described in
subsection (a)(1).
(d) Enforcement.--
(1) In general.--The Secretary, any wholesaler or retailer
in the United States, or any resident described in subsection
(a)(1) that is aggrieved by a violation of this Act may bring a
civil action in a United States district court against a
manufacturer or other person that violates this Act for an
order enjoining the violation and awarding damages in the
amount that is equal to 3 times the amount of the value of the
difference between--
(A) the price that the manufacturer or other person
sold a covered outpatient prescription drug to the
wholesaler, retailer, or individual; and
(B) the manufacturer's average foreign price for
the prescription drug.
(2) Repeat violations.--The United States shall debar a
manufacturer of drugs or biologicals that commits repeated
violations of the provisions of this Act.
(e) Application to Local Governments.--The provisions of this
section shall apply with respect to the purchase of covered outpatient
drugs by local governments if such purchase was made for the benefit of
individuals within the jurisdiction of the local government whose cost
of covered outpatient drugs are paid for by the local government (or
agent thereof) through a group health program, a retiree health
program, a local pharmaceutical assistance program, or other similar
program, in the same manner as such provisions apply to States.
(f) Relation to Medicaid Rebate Agreement.--A State, with respect
to its provision of medical assistance for covered outpatient drugs
under title XIX of the Social Security Act, may elect for a year (or
other period specified by the Secretary) either of the following to
apply (and such election shall apply to all such covered outpatient
drugs under such title):
(1) Continuation of rebate agreement.--
(A) In general.--The provisions of section 1927 of
such Act (42 U.S.C. 1396r-8) shall continue to apply.
(B) Disregard of manufacturer's average foreign
price in determining best price under rebate
agreement.--The price under subsection (c) at which a
participating manufacturer makes a covered outpatient
drug available under this Act shall be disregarded for
purposes of determining the best price under a rebate
agreement under such section 1927 of the Social
Security Act.
(2) Use of manufacturer's foreign price.--The provisions of
such section do not apply and such drugs shall be made
available for purposes of such title in the quantities under
subsection (b) and at the prices specified under subsection
(c).
(g) Rule of Construction.--Nothing in this section shall be
construed to prevent a State or local government from implementing
programs that provide for the purchase and distribution of outpatient
drugs at prices that are lower than the price provided for under
subsection (c).
SEC. 4. ADMINISTRATION.
The Secretary shall issue such regulations as may be necessary to
implement this Act within 180 days after the date of the enactment of
this Act.
SEC. 5. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
report to the Congress regarding the effectiveness of this Act in--
(1) protecting States and local governments from drug price
inflation, and
(2) making prescription drugs available to State and local
government employees, retirees, and beneficiaries at
substantially reduced prices.
(b) Consultation.--In preparing such reports, the Secretary shall
consult with public health experts, affected industries, organizations
representing consumers and older Americans, and other interested
persons.
(c) Recommendations.--The Secretary shall include in such reports
any recommendations the Secretary considers appropriate for changes in
this Act to further reduce the cost of covered outpatient drugs to
States.
SEC. 6. DEFINITIONS.
In this Act:
(1) Average foreign price.--
(A) In general.--The term ``average foreign price''
means, with respect to a covered outpatient drug, the
average price that the manufacturer of the drug
realizes on the sale of drugs with the same active
ingredient or ingredients that are consumed in covered
foreign nations, taking into account--
(i) any rebate, contract term or condition,
or other arrangement (whether with the
purchaser or other persons) that has the effect
of reducing the amount realized by the
manufacturer on the sale of the drugs;
(ii) adjustments for any differences in
dosage, formulation, or other relevant
characteristics of the drugs; and
(iii) any other contract or side agreement
that has the effect of adjusting the effective
price of the drug, including agreements to
purchase non-drug products.
(B) Exempt transactions.--The Secretary may, by
regulation, exempt from the calculation of the average
foreign price of a drug those prices realized by a
manufacturer in transactions that are entered into for
charitable purposes, for research purposes, or under
other unusual circumstances, if the Secretary
determines that the exemption is in the public interest
and is consistent with the purposes of this Act.
(2) Covered foreign nation.--The term ``covered foreign
nation'' means Canada, France, Germany, Italy, Japan, and the
United Kingdom.
(3) Covered outpatient drug.--The term ``covered outpatient
drug'' has the meaning given that term in section 1927(k)(2) of
the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
(4) Debar.--The term ``debar'' means to exclude, pursuant
to established administrative procedures, from Government
contracting and subcontracting for a specified period of time
commensurate with the seriousness of the failure or offense or
the inadequacy of performance.
(5) Participating manufacturer.--The term ``participating
manufacturer'' means any manufacturer of drugs or biologicals
that, on or after the date of the enactment of this Act, enters
into a contract or agreement with the United States for the
sale or distribution of covered outpatient drugs to the United
States.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 7. EFFECTIVE DATE.
This Act shall apply on and after January 1, 2005, without regard
to whether or not final regulations to carry out this Act have been
promulgated by such date. | State and Local Access to Fair Prescription Drug Prices Act - Requires a participating manufacturer of a covered outpatient drug to make available for purchase by each State for the benefit of its residents whose cost of covered outpatient drugs is paid for by the State through a group health program, a retiree health program, a State or local pharmaceutical assistance program, or other similar program (including a State Medicaid program), such covered outpatient drug in an amount equal to the aggregate amount of a covered drug sold in a State at a price that is no greater than the manufacturer's average foreign price. (Makes such provision applicable to local governments under similar outpatient drug purchase arrangements.)
Applies such requirement to direct purchases by State or local organizations or agents.
Sets forth enforcement provisions, including manufacturer debarment for repeat violations.
Permits a State, with respect to its provision of Medicaid assistance for covered outpatient drugs, to: (1) continue its Medicaid rebate agreement; or (2) disregard the manufacturer's average foreign price in determining the best price under a rebate agreement.
Defines specified terms. | {"src": "billsum_train", "title": "To provide for substantial reductions in the price of prescription drugs purchased by States for its employees, retirees, and pharmaceutical assistance beneficiaries."} | 2,283 | 238 | 0.473853 | 1.349553 | 0.724683 | 4.279621 | 10.004739 | 0.943128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Roads to Success Act of 2005''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
(2) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) State educational agency.--The term ``State educational
agency'' has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
SEC. 3. ROADS TO SUCCESS.
(a) Program Authorized.--From amounts appropriated under section 5,
the Secretary shall award a grant to carry out the activities described
in subsection (b) to Roads to Success (referred to in this Act as the
``grantee''), a nonprofit educational organization that has as its
primary purposes increasing awareness of the importance of higher
education, developing career awareness, building life skills, and
providing education planning to secondary school students.
(b) Grant Agreement.--The grantee shall enter into an agreement
with the Secretary that requires that the grantee--
(1) develop a curriculum-based higher education preparation
program curriculum for students in grades 7 through 12 that--
(A)(i) provides information for the students about
the opportunities for and the importance of higher
education;
(ii) develops the career awareness of the students;
(iii) builds the students' life skills; and
(iv) provides education planning to the students;
and
(B) provides 1 class hour of higher education
preparation instruction each week for students in
grades 7 through 12; and
(2) award subgrants to not more than 5 State educational
agencies to enable the State educational agencies to provide
higher education preparation programs, using the higher
education preparation program curriculum designed by the
grantee, to students in grades 7 through 12 in middle schools
and secondary schools served by the State educational agencies.
(c) Subgrants.--
(1) Award basis.--In awarding a subgrant under subsection
(b)(2), the grantee shall take into consideration the number of
middle schools and secondary schools served by the State
educational agency that have historically low rates of student
application and admission to institutions of higher education.
(2) Authorized activities.--A State educational agency
receiving a subgrant under subsection (b)(2)--
(A) shall use subgrant funds to implement the
higher education preparation program curriculum
developed under subsection (b)(1) in middle schools and
secondary schools served by the State educational
agency; and
(B) may use subgrant funds, or any other funds
including private funds, to supplement the higher
education preparation program described in subparagraph
(A) with appropriate enrichments, such as guest
speakers, videos, Web-based services, or multimedia
tools.
(3) Requirement.--In selecting students in grades 7 through
12 to participate in the higher education preparation program,
a State educational agency receiving a subgrant under
subsection (b)(2) shall give priority to students in the middle
schools and secondary schools served by the State educational
agency that have historically low rates of student application
and admission to institutions of higher education.
(4) Duration.--The grantee shall award each subgrant under
subsection (b)(2) for a period of 5 years.
SEC. 4. REPORTS.
(a) State Educational Agency Reports.--Beginning in fiscal year
2007, a State educational agency receiving a subgrant under section
3(b)(2) shall--
(1) require that each middle school and secondary school
participating in the higher education preparation program
submit an annual report on the progress of such program to the
State educational agency; and
(2) submit an annual report on the progress of the higher
education preparation program to the grantee.
(b) Grantee Reports.--The grantee shall submit an annual report on
the progress of the higher education preparation program curriculum and
the higher education preparation program subgrants to the Secretary.
(c) Reports to Congress.--
(1) Annual reports.--The Secretary shall submit to Congress
an annual report on the progress of the activities funded under
this Act.
(2) Final report.--Not later than 90 days after the
conclusion of the time period for all subgrants under section
3(b)(2), the Secretary shall submit to Congress a final report
on the results of the higher education preparation program,
together with recommendations for such legislative or
administrative action as the Secretary determines appropriate.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for each of the fiscal years 2006 through 2011. | Roads to Success Act of 2005 - Directs the Secretary of Education to make a grant to a nonprofit educational organization, Roads to Success, to develop a higher education preparation program curriculum for students in grades 7-12.
Requires the curriculum to provide such students with: (1) one class hour of higher education preparation each week; (2) information on higher education opportunities and importance; (3) career awareness development; (3) life skills building; and (4) education planning.
Requires the grantee to award subgrants to up to five state educational agencies to provide such students with higher education preparation programs using the curriculum. | {"src": "billsum_train", "title": "A bill to provide education to students in grades 7 through 12 about the importance of higher education."} | 1,086 | 131 | 0.639807 | 1.72673 | 0.645489 | 2.66129 | 8.016129 | 0.951613 |
SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA.
(a) Findings.--Congress finds that the following:
(1) The historical use by settlers and travelers since the late
1800's of the cemetery known as ``Kingston Cemetery'' in Kingston,
Nevada, predates incorporation of the land within the jurisdiction
of the Forest Service on which the cemetery is situated.
(2) It is appropriate that use be continued through local
public ownership of the parcel rather than through the permitting
process of the Federal agency.
(3) In accordance with Public Law 85-569 (commonly known as the
``Townsite Act''; 16 U.S.C. 478a), the Forest Service has conveyed
to the Town of Kingston 1.25 acres of the land on which historic
gravesites have been identified.
(4) To ensure that all areas that may have unmarked gravesites
are included, and to ensure the availability of adequate gravesite
space in future years, an additional parcel consisting of
approximately 8.75 acres should be conveyed to the county so as to
include the total amount of the acreage included in the original
permit issued by the Forest Service for the cemetery.
(b) Conveyance on Condition Subsequent.--Subject to valid existing
rights and the condition stated in subsection (e), the Secretary of
Agriculture, acting through the Chief of the Forest Service (referred
to in this section as the ``Secretary''), not later than 90 days after
the date of enactment of this Act, shall convey to Lander County,
Nevada (referred to in this section as the ``county''), for no
consideration, all right, title, and interest of the United States in
and to the parcel of land described in subsection (c).
(c) Description of Land.--The parcel of land referred to in
subsection (b) is the parcel of National Forest System land (including
any improvements on the land) known as ``Kingston Cemetery'',
consisting of approximately 10 acres and more particularly described as
SW1/4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Diablo Meridian.
(d) Easement.--At the time of the conveyance under subsection (b),
subject to subsection (e)(2), the Secretary shall grant the county an
easement allowing access for persons desiring to visit the cemetery and
other cemetery purposes over Forest Development Road #20307B,
notwithstanding any future closing of the road for other use.
(e) Condition on Use of Land.--
(1) In general.--The county (including its successors) shall
continue the use of the parcel conveyed under subsection (b) as a
cemetery.
(2) Reversion.--If the Secretary, after notice to the county
and an opportunity for a hearing, makes a finding that the county
has used or permitted the use of the parcel for any purpose other
than the purpose specified in paragraph (1), and the county fails
to discontinue that use--
(A) title to the parcel shall revert to the United States
to be administered by the Secretary; and
(B) the easement granted to the county under subsection (d)
shall be revoked.
(3) Waiver.--The Secretary may waive the application of
paragraph (2)(A) or (2)(B) if the Secretary determines that such a
waiver would be in the best interests of the United States.
SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA.
(a) Findings.--Congress finds the following:
(1) The historical use by settlers and travelers since the late
1800s of the cemetery known as ``Maiden's Grave Cemetery'' in
Beowawe, Nevada, predates incorporation of the land within the
jurisdiction of the Bureau of Land Management on which the cemetery
is situated.
(2) It is appropriate that such use be continued through local
public ownership of the parcel rather than through the permitting
process of the Federal agency.
(b) Conveyance on Condition Subsequent.--Subject to valid existing
rights and the condition stated in subsection (e), the Secretary of the
Interior, acting through the Director of the Bureau of Land Management
(referred to in this section as the ``Secretary''), not later than 90
days after the date of enactment of this Act, shall convey to Eureka
County, Nevada (referred to in this section as the ``county''), for no
consideration, all right, title, and interest of the United States in
and to the parcel of land described in subsection (c).
(c) Description of Land.--The parcel of land referred to in
subsection (b) is the parcel of public land (including any improvements
on the land) known as ``Maiden's Grave Cemetery'', consisting of
approximately 10 acres and more particularly described as S1/2NE1/4SW1/
4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N., R.49E., Mount Diablo
Meridian.
(d) Easement.--At the time of the conveyance under subsection (b),
subject to subsection (e)(2), the Secretary shall grant the county an
easement allowing access for persons desiring to visit the cemetery and
other cemetery purposes over an appropriate access route consistent
with current access.
(e) Condition on Use of Land.--
(1) In general.--The county (including its successors) shall
continue the use of the parcel conveyed under subsection (b) as a
cemetery.
(2) Reversion.--If the Secretary, after notice to the county
and an opportunity for a hearing, makes a finding that the county
has used or permitted the use of the parcel for any purpose other
than the purpose specified in paragraph (1), and the county fails
to discontinue that use--
(A) title to the parcel shall revert to the United States
to be administered by the Secretary; and
(B) the easement granted to the county under subsection (d)
shall be revoked.
(3) Waiver.--The Secretary may waive the application of
paragraph (2)(A) or (2)(B) if the Secretary determines that such a
waiver would be in the best interests of the United States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued cemetery use. Permits the lands to be used for purposes other than as cemeteries upon a determination by the relevant Secretary that such use is in the interests of the United States. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued use as cemeteries."} | 1,394 | 78 | 0.52386 | 1.45168 | 0.860896 | 2.41791 | 18.507463 | 0.865672 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness in Autism Treatment Act of
2007''.
SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF
1974.
(a) In General.--Subpart B of part 7 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
seq.) is amended by adding at the end the following new section:
``SEC. 714. PARITY FOR PERVASIVE DEVELOPMENTAL DISORDERS.
``(a) In General.--A group health plan (and a health insurance
issuer providing health insurance coverage offered in connection with
such a plan) that provides both medical and surgical benefits shall
provide coverage for pervasive developmental disorders, including
coverage for therapeutic, respite, and rehabilitative care for
participants or beneficiaries who have not attained 22 years of age.
``(b) In-Network and Out-of-Network Standards.--
``(1) In general.--In the case of a group health plan (or
health insurance coverage offered in connection with such a
plan) that provides benefits for pervasive developmental
disorders, and that provides both in-network benefits for such
disorders and out-of-network benefits for such disorders, the
requirements of this section shall apply separately with
respect to benefits provided under the plan (or coverage) on an
in-network basis and benefits provided under the plan (or
coverage) on an out-of-network basis.
``(2) Clarification.--Nothing in paragraph (1) shall be
construed as requiring that a group health plan (or health
insurance coverage offered in connection with such a plan)
eliminate an out-of-network provider option from such plan (or
coverage) pursuant to the terms of the plan (or coverage).
``(c) Other Requirements.--
``(1) Annual or lifetime dollar limitations.--A group
health plan (or health insurance coverage offered in connection
with such a plan) may not impose any annual or lifetime dollar
limitation on benefits for pervasive developmental disorders
unless such limitation applies to all medical and surgical
benefits and benefits for pervasive developmental disorders
under the plan (or coverage).
``(2) Cost sharing.--A group health plan (or health
insurance coverage offered in connection with such a plan) may
not impose a deductible, coinsurance, or other cost-sharing
with respect to the coverage of pervasive developmental
disorders under the plan (or coverage), which is greater than
the deductible, coinsurance, or other cost-sharing, as the case
may be, imposed with respect to medical and surgical benefits
under the plan (or coverage).
``(3) Eligibility to enroll or renew.--A group health plan
(or a health insurance issuer providing health insurance
coverage offered in connection with such a plan) may not deny
eligibility, or continued eligibility, to enroll or to renew
coverage under the term of the plan (or coverage), solely for
the purpose of avoiding the requirements of this section.
``(d) Notice Under Group Health Plan.--The imposition of the
requirements of this section shall be treated as a material
modification in the terms of the plan described in the last sentence of
section 102(a), for purposes of assuring notice of such requirements
under the plan; except that the summary description required to be
provided under the fourth sentence of section 104(b)(1) with respect to
such modification shall be provided by not later than 60 days after the
first day of the first plan year in which such requirements apply.
``(e) Exemptions.--
``(1) Small employer exemption.--
``(A) In general.--This section shall not apply to
any group health plan (and group health insurance
coverage offered in connection with a group health
plan) for any plan year of a small employer.
``(B) Small employer.--For purposes of subparagraph
(A), the term `small employer' means, in connection
with a group health plan with respect to a calendar
year and a plan year, an employer who employed an
average of at least 2 (or 1 in the case of an employer
residing in a State that permits small groups to
include a single individual) but not more than 50
employees on business days during the preceding
calendar year.
``(C) Application of certain rules in determination
of employer size.--For purposes of this paragraph--
``(i) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section
414 of the Internal Revenue Code of 1986 shall
apply for purposes of treating persons as a
single employer.
``(ii) Employers not in existence in
preceding year.--In the case of an employer
which was not in existence throughout the
preceding calendar year, the determination of
whether such employer is a small employer shall
be based on the average number of employees
that it is reasonably expected such employer
will employ on business days in the current
calendar year.
``(iii) Predecessors.--Any reference in
this paragraph to an employer shall include a
reference to any predecessor of such employer.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan (or group health
insurance coverage offered in connection with a group health
plan) if the application of this section to such plan (or
coverage) results in an increase in the cost under the plan (or
coverage) of at least 1 percent.
``(f) Pervasive Developmental Disorder Defined.--For purposes of
this section, the term `pervasive developmental disorder' means any
developmental disability (as defined in section 102(8) of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15002(8))).
``(g) Preemption, Relation to State Laws.--
``(1) In general.--Nothing in this section shall be
construed to preempt any State law in effect with respect to
health insurance coverage to the extent the requirements of
such law at least meet the requirements of this section.
``(2) ERISA.--Nothing in this section shall be construed to
affect or modify the provisions of section 514 with respect to
group health plans.''.
(b) Conforming Amendments.--
(1) Section 731(c) of such Act (29 U.S.C. 1191(c)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(2) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(c) Clerical Amendment.--The table of contents in section 1 of such
Act is amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Parity for pervasive developmental disorders.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to plan years beginning on or after January 1, 2009.
SEC. 3. AMENDMENTS TO INTERNAL REVENUE CODE OF 1986.
(a) In General.--Subchapter B of chapter 100 of the Internal
Revenue Code of 1986 (relating to group health plan requirements) is
amended by adding at the end the following new section:
``SEC. 9813. PARITY FOR PERVASIVE DEVELOPMENTAL DISORDERS.
``(a) In General.--A group health plan that provides both medical
and surgical benefits shall provide coverage for pervasive
developmental disorders, including coverage for therapeutic, respite,
and rehabilitative care for participants or beneficiaries who have not
attained 22 years of age.
``(b) In-Network and Out-of-Network Standards.--
``(1) In general.--In the case of a group health plan that
provides benefits for pervasive developmental disorders, and
that provides both in-network benefits for such disorders and
out-of-network benefits for such disorders, the requirements of
this section shall apply separately with respect to benefits
provided under the plan on an in-network basis and benefits
provided under the plan on an out-of-network basis.
``(2) Clarification.--Nothing in paragraph (1) shall be
construed as requiring that a group health plan eliminate an
out-of-network provider option from such plan pursuant to the
terms of the plan.
``(c) Other Requirements.--
``(1) Annual or lifetime dollar limitations.--A group
health plan may not impose any annual or lifetime dollar
limitation on benefits for pervasive developmental disorders
unless such limitation applies to all medical and surgical
benefits and benefits for pervasive developmental disorders
provided under the plan.
``(2) Cost sharing.--A group health plan may not impose a
deductible, coinsurance, or other cost-sharing with respect to
the coverage of pervasive developmental disorders under the
plan, which is greater than the deductible, coinsurance, or
other cost-sharing, as the case may be, imposed with respect to
medical and surgical benefits under the plan.
``(3) Eligibility to enroll or renew.--A group health plan
may not deny eligibility, or continued eligibility, to enroll
or to renew coverage under the term of the plan, solely for the
purpose of avoiding the requirements of this section.
``(d) Exemptions.--
``(1) Small employer exemption.--
``(A) In general.--This section shall not apply to
any group health plan for any plan year of a small
employer.
``(B) Small employer.--For purposes of subparagraph
(A), the term `small employer' means, with respect to a
calendar year and a plan year, an employer who employed
an average of at least 2 (or 1 in the case of an
employer residing in a State that permits small groups
to include a single individual) but not more than 50
employees on business days during the preceding
calendar year. For purposes of the preceding sentence,
all persons treated as a single employer under
subsection (b), (c), (m), or (o) of section 414 shall
be treated as 1 employer and rules similar to rules of
subparagraphs (B) and (C) of section 4980D(d)(2) shall
apply.
``(2) Increased cost exemption.--This section shall not
apply with respect to a group health plan if the application of
this section to such plan results in an increase in the cost
under the plan of at least 1 percent.
``(e) Pervasive Developmental Disorder Defined.--For purposes of
this section, the term `pervasive developmental disorder' means any
developmental disability (as defined in section 102(8) of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15002(8)).''.
(b) Conforming Amendments.--The table of sections for subchapter B
of chapter 100 of such Code is amended by adding at the end the
following new item:
``Sec. 9813. Parity for pervasive developmental disorders.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to group health plans for plan years beginning on or
after January 1, 2009. | Fairness in Autism Treatment Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to require a group health plan that provides both medical and surgical benefits to also provide coverage for pervasive developmental disorders, including coverage for therapeutic, respite, and rehabilitative care for participants or beneficiaries who have not attained 22 years of age.
Applies the requirements of this Act separately with respect to benefits provided in-network and out-of-network.
Prohibits a group health plan from: (1) imposing any annual or lifetime dollar limitation on benefits for pervasive developmental disorders unless such limitation applies to all medical and surgical benefits as well; (2) imposing a deductible, coinsurance, or other cost-sharing for such disorders that is greater than the cost-sharing imposed for medical and surgical benefits; or (3) denying eligibility, or continued eligibility, to enroll or renew coverage under the term of the plan solely for the purpose of avoiding the requirements of this Act.
Considers the requirements of this Act a material change for the purpose of notice requirements.
Excludes from the requirements of this Act: (1) a group health plan of a small employer; or (2) a group health plan if the application of this Act results in an increase in the cost under the plan of at least 1%.
Provides that this Act shall not be construed to preempt any state law that at least meets the requirements of this Act. | {"src": "billsum_train", "title": "To amend the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986 to require that group health plans provide coverage for pervasive developmental disorders such as autism."} | 2,573 | 320 | 0.715032 | 2.209487 | 0.900149 | 5.395833 | 7.940972 | 0.951389 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Encouraging Investment in Small
Business Act''.
SEC. 2. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO
QUALIFIED SMALL BUSINESS STOCK.
(a) Increased Exclusion.--Section 1202(a) of the Internal Revenue
Code of 1986 (relating to partial exclusion for gain from certain small
business stock) is amended by striking ``50 percent'' each place it
appears and inserting ``75 percent''.
(b) Reduction in Holding Period.--
(1) In general.--Section 1202(a) of the Internal Revenue
Code of 1986 is amended by striking ``5 years'' and inserting
``3 years''.
(2) Conforming amendments.--Subsections (g)(2)(A) and
(j)(1)(A) of section 1202 of such Code are each amended by
striking ``5 years'' and inserting ``3 years''.
(c) Repeal of Minimum Tax Preference.--
(1) In general.--Section 57(a) of the Internal Revenue Code
of 1986 (relating to items of tax preference) is amended by
striking paragraph (7).
(2) Technical amendment.--Section 53(d)(1)(B)(ii)(II) of
such Code is amended by striking ``, (5), and (7)'' and
inserting ``and (5)''.
(d) Other Modifications.--
(1) Working capital limitation.--
(A) In general.--Section 1202(e)(6) of the Internal
Revenue Code of 1986 (relating to working capital) is
amended--
(i) in subparagraph (B), by striking ``2
years'' and inserting ``5 years''; and
(ii) by striking ``2 years'' in the last
sentence and inserting ``5 years''.
(B) Limitation on assets treated as used in active
conduct of business.--The second sentence of section
1202(e)(6) of such Code is amended by inserting
``described in subparagraph (A)'' after ``of the
corporation''.
(2) Exception from redemption rules where business
purpose.--Section 1202(c)(3) of such Code (relating to certain
purchases by corporation of its own stock) is amended by adding
at the end the following:
``(D) Waiver where business purpose.--A purchase of
stock by the issuing corporation shall be disregarded
for purposes of subparagraph (B) if the issuing
corporation establishes that there was a business
purpose for such purchase and one of the principal
purposes of the purchase was not to avoid the
limitations of this section.''
(e) Excluded Qualified Trade or Business.--Section 1202(e)(3) of
the Internal Revenue Code of 1986 (relating to qualified trade or
business) is amended--
(1) by inserting ``, and is anticipated to continue to
be,'' before ``the reputation'' in subparagraph (A), and
(2) by inserting ``but not including the business of
raising fish or any business involving biotechnology
applications'' after ``trees'' in subparagraph (C).
(f) Increase in Cap on Eligible Gain for Joint Returns.--
(1) In general.--Section 1202(b)(1)(A) of the Internal
Revenue Code of 1986 (relating to per-issuer limitations on
taxpayer's eligible gain) is amended by inserting
``($20,000,000 in the case of a joint return)'' after
``$10,000,000''.
(2) Conforming amendment.--Section 1202(b)(3) of such Code
is amended by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively.
(g) Decrease in Capital Gains Rate.--
(1) In general.--Subparagraph (A) of section 1(h)(5) of the
Internal Revenue Code of 1986 (relating to 28-percent gain) is
amended to read as follows:
``(A) collectibles gain, over''.
(2) Conforming amendments.--
(A) Section 1(h) of such Code is amended by
striking paragraph (8).
(B) Paragraph (9) of section 1(h) of such Code is
amended by striking ``, gain described in paragraph
(7)(A)(i), and section 1202 gain'' and inserting ``and
gain described in paragraph (7)(A)(i)''.
(h) Increase in Rollover Period for Qualified Small Business
Stock.--Subsections (a)(1) and (b)(3) of section 1045 of the Internal
Revenue Code of 1986 (relating to rollover of gain from qualified small
business stock to another qualified small business stock) are each
amended by striking ``60-day'' and inserting ``180-day''.
(i) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to stock issued
after the date of the enactment of this Act.
(2) Special rule.--The amendments made by subsections (a)
and (d)(1) apply to stock issued after August 10, 1993. | Encouraging Investment in Small Business Act - Amends the Internal Revenue Code with respect to qualified small business (QSB) stock (section 1202) to: (1) increase the amount of gain excluded from the sale of such stock to 75 percent; (2) reduce the holding period applicable to such sale to three years; (3) exclude such gain from alternative minimum tax consideration; (4) increase the active business working capital requirement to five years; (5) permit a QSB to make specified purchases of its own stock without losing the gain exclusion if made for a business purpose; (6) exclude biotechnology and aquaculture businesses from QSB status; (7) increase the cap on eligible gain for joint returns to $20,000; (8) reduce the capital gains rate for such gains; and (9) increase the related rollover period to 180 days. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to increase and modify the exclusion relating to qualified small business stock and for other purposes."} | 1,216 | 175 | 0.550991 | 1.462191 | 0.683788 | 1.608434 | 5.987952 | 0.801205 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Merger Moratorium Act''.
SEC. 2. MORATORIUM ON AIRLINE MERGERS.
(a) In General.--During the 2-year period beginning on January 1,
2001, a major air carrier may not acquire directly or indirectly, any
voting securities or assets of any other air carrier that would result
in its having control of that other air carrier (or the assets of that
air carrier), nor may a major air carrier be merged with another air
carrier in any other form of transaction, if the resulting air carrier
would have 10 percent or more of all enplanements in the United States,
based on the most recently available data from the Department of
Transportation.
(b) Enforcement.--An acquisition or merger described in subsection
(a) is deemed to be an unfair method of competition for purposes of
section 41712 of title 49, United States Code.
SEC. 3. MORATORIUM ON MERGER-RELATED CHANGES IN OPERATING AUTHORITY.
(a) In General.--During the 2-year period described in section
2(a), the Secretary of Transportation may not--
(1) issue any new operating authority described in
subsection (b) that relates to, or is in connection with, a
major air carrier's acquisition of, or merger with, another air
carrier; or
(2) make or permit any changes in the operating authorities
described in subsection (b) for a major air carrier if that
change relates to, or is in connection with, that air carrier's
acquisition of, or merger with, another air carrier.
(b) Embargoed Operating Authorities.--The operating authorities to
which subsection (a) applies are the following:
(1) Operating certificates.--A certificate issued under
chapter 411 of title 49, United States Code.
(2) International route authorities.--A permit to provide
foreign air transportation.
(3) Slots.--Slots or slot exemptions.
SEC. 4. ALLIANCES; CODE-SHARING; JOINT VENTURES.
During the 2-year period described in section 2--
(1) the Secretary may not approve any changes to an
international alliance or code-sharing arrangement of a major
air carrier that relates to an acquisition or merger described
in section 2(a); and
(2) no joint venture agreement described in section
41720(a)(1) of title 49, United States Code, that relates to,
or is executed in connection with, an acquisition or merger
described in section 2 may take effect.
SEC. 5. EXCEPTIONS.
(a) Small Carriers.--Sections 2, 3, and 4 do not apply to the
operating authority for any air carrier (as defined in section
40102(a)(2) of title 49, United States Code) that is certified under
chapter 411 of that title to provide air transportation of passengers
that acquires or is acquired or merged with another air carrier unless
the air carrier formed by the acquisition or merger would have 10
percent or more of all passenger enplanements in the United States,
based on the most recently available data from the Department of
Transportation.
(b) Safety.--Nothing in section 3 prohibits any safety-related
change in any operating authority described in that section.
(c) Slots for New Entrants.--Section 3(b)(3) does not prohibit any
change in a slot or slot exemption for the purpose of accommodating
flight operations by--
(1) a new entrant air carrier (as defined in section
41714(h)(3) of title 49, United States Code); or
(2) an air carrier that--
(A) is not involved in an acquisition or merger
described in section 2; and
(B) is operating service at a small hub airport or
a medium hub airport, as such terms are defined in
section 41714(h)(8) and (9), respectively, of title 49,
United States Code, using aircraft with 71 or fewer
seats.
SEC. 6. DEFINITIONS.
In this Act:
(1) Major air carrier.--The term ``major air carrier''
means an air carrier certificated under section 41102 of title
49, United States Code, to provide air transportation of
passengers that accounted for at least 1 percent of domestic
scheduled-passenger revenues in the 12 months ending March 31
of each year, as reported to the Department of Transportation
pursuant to part 241 of title 14, Code of Federal Regulations,
and identified as a reporting carrier periodically in
accounting and reporting directives issued by the Office of
Airline Information.
(2) Change.--The term ``change'' includes issuance, denial,
amendment, modification, suspension, revocation, and transfer,
including de facto transfers of control of international
operating authority through acquisition or merger.
(3) Acquisition.--The term ``acquisition'' means
acquisition of assets or stock and includes any assumption of
indebtedness.
(4) Merger.--The term ``merger'' includes any arrangement,
whether through the use of a holding company, parent-subsidiary
corporations, joint venture structure, or otherwise under which
2 or more entities are placed under common control.
(5) Control.--With respect to whether a corporation or
other entity is considered to be controlled by another
corporation or other entity, the term `control' means that more
than 10 percent of the ownership, voting rights, capital stock,
or other pecuniary interest in that corporation or entity is
owned, held, or controlled, directly or indirectly, by such
other corporation or entity.
(6) Passenger enplanements.--The term ``passenger
enplanements'' means the average annual number of passenger
enplanements as determined by the Department of Transportation
for statistical purposes.
SEC. 7. DEPARTMENT OF TRANSPORTATION STUDY.
The Secretary of Transportation, during the 2-year period described
in section 2(a), shall conduct a study to evaluate and determine the
impact that consolidations and mergers in the airline industry to date
have had on consumers in the areas of price, competition within
markets, levels of service, and the availability of flights in rural
communities. The Secretary shall report the Secretary's findings and
conclusions, together with any recommendations, to the Congress within
30 days after the end of the 2-year period described in section 2(a). | Airline Merger Moratorium Act - Prohibits, for a specified two-year period, a major air carrier from acquiring directly or indirectly any voting securities or assets of any other air carrier that would result in its having control of the other air carrier (or its assets), or from being merged with another air carrier in any other form of transaction, if such merger results in the air carrier's having ten percent or more of all enplanements in the United States. Deems such acquisition or merger an unfair method of competition for purposes of an investigation by the Secretary of Transportation into whether an air carrier, foreign air carrier, or ticket agent has been or is engaged in an unfair or deceptive practice or an unfair method of competition in air transportation.Prohibits the Secretary, during such period, from: (1) issuing any new operating authority (domestic and international operating certificates, or slots or slot exemptions (landing and take-off rights)),or making or permitting any changes in such authorities, that relates to, or is in connection with, a major air carrier's acquisition of, or merger with, another air carrier; and (2) approving any changes to an international alliance or code-sharing arrangement of a major air carrier that relates to such acquisition or merger. Prohibits the taking effect during such period of any joint venture agreement between two or more major air carriers with regard to code-sharing, blocked-space arrangements, long-term wet leases of a substantial number of aircraft, or frequent flyer programs, or any other cooperative working arrangement between two or more major air carriers that affects more than 15 percent of the total number of available seat miles offered by major air carriers. Sets forth specified exceptions to such prohibitions.Directs the Secretary to study and report to Congress on the impact that consolidations and mergers in the airline industry have had on consumers in the areas of price, competition within markets, levels of service, and the availability of flights in rural communities. | {"src": "billsum_train", "title": "A bill to prohibit the Secretary of Transportation from amending or otherwise modifying the operating certificates of major air carriers in connection with a merger or acquisition for a period of 2 years, and for other purposes."} | 1,378 | 431 | 0.73463 | 2.324671 | 0.83857 | 4.289474 | 3.318421 | 0.852632 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fines in Need of Extensive Reform
Act of 2014'' or the ``FINER Act of 2014''.
SEC. 2. ASSESSMENT OF FINES.
(a) Effective Date of Rules That Provide for the Assessment of a
Fine.--In the case of a rule that provides for an assessment of a fine
for a violation of that rule, the rule may not take effect until the
date that is 90 days after the date on which the Federal department or
agency that made the rule, makes publicly available on the department
or agency's Internet website, the rule, the information relating to the
rule described in section 3(c), and any relevant guidance documents
relating to the enforcement of the rule. Any fine assessed pursuant to
such a rule before such 90-day period shall be void. The head of such a
Federal department or agency may, in consultation with entities to
which the rule applies, further delay the assessment of fines pursuant
to the rule in order to provide such entities with sufficient time to
comply with the requirements of the rule.
(b) Provision of Information Regarding the Fine.--At the time of
the assessment of an administrative fine, the Federal department or
agency assessing the fine shall provide the person against which the
fine is imposed with all relevant information regarding the fine,
including--
(1) the rule which the person is charged with violating,
and the location of that rule in the Code of Federal
Regulations;
(2) the facts, based on which the person is charged with
violating the rule;
(3) the amount of the fine;
(4) how the department or agency determined the amount of
the fine; and
(5) the court date or information described in section
4(b).
(c) Assignment of Fine to a Officer or Employee of a Federal
Department or Agency.--No fine may be assessed by a Federal department
or agency unless there is an officer or employee of such Federal
department or agency who is responsible for assessing the fine.
SEC. 3. CONSISTENCY IN ASSESSMENT OF ADMINISTRATIVE FINES.
(a) In General.--The head of a Federal department or agency shall
ensure that administrative fines assessed by that department or agency
are assessed in a consistent manner.
(b) Publication on the Internet.--Not later than 180 days after the
enactment of this Act, and annually thereafter, the head of a Federal
department or agency that assesses administrative fines shall make
publicly available on that department or agency's Internet website, for
any rule for which the department or agency that enforces the rule may
assess an administrative fine for a violation of such rule, the
information described in subsection (c) and any relevant guidance
documents relating to the enforcement of the rule. The head of a
Federal department or agency that is required to publish information
under this subsection shall ensure that the information is published in
a searchable, and easily accessible format.
(c) Publication in the Federal Register.--Not later than January 1,
2015, and annually thereafter, the head of a Federal department or
agency that assesses administrative fines shall publish in the Federal
Register, for any rule for which the department or agency that enforces
the rule may assess an administrative fine for a violation of such
rule, detailed information regarding--
(1) the location of the rule in the Code of Federal
Regulations;
(2) information on where persons subject to the rule may
direct questions or concerns relating to the rule;
(3) the amount of the fine that will be assessed; and
(4) the facts that will be considered in the determination
of, for the rule violation--
(A) whether a fine will be assessed; and
(B) if a fine will be assessed, the amount of the
fine that will be assessed.
SEC. 4. JUDICIAL REVIEW OF ADMINISTRATIVE FINES.
(a) In General.--Notwithstanding any other provision of law, in any
case in which an administrative fine is assessed against a person (as
such term is defined in section 1 of title 1, United States Code), that
person may pay the fine, or challenge the imposition of the fine in the
Federal district court for the district in which that person resides or
has a principal place of business, in accordance with this section.
(b) Court Date.--
(1) In general.--At the time of the assessment of an
administrative fine, the Federal department or agency assessing
the fine shall provide the person against which the fine is
imposed with--
(A) a date on which the person may appear to
contest the administrative fine in the Federal district
court referred to in subsection (a), as provided by
that Federal district court; or
(B) information on how the Federal district court
referred to in subsection (a) will--
(i) assign the person a date on which the
person may appear to contest the administrative
fine; and
(ii) notify the person about that date.
(2) Court rules and procedures.--A Federal district court
may adopt such rules and procedures as may be necessary to hear
challenges of administrative fines in a timely manner, in
accordance with this section.
(c) Presence of Officer or Employee of Federal Department or Agency
in Court.--In the case of a person contesting an administrative fine
pursuant to this section, the officer or employee of the Federal
department or agency who assessed the fine shall be present in court
for all proceedings related to the contesting of such fine, or the
violation for which the fine was assessed shall be dismissed, and the
person against whom the fine was assessed shall not be required to pay
such fine. In the case of an officer or employee who, at the time of
the court date, is no longer employed by the Federal department or
agency, the immediate superior officer or employee shall be present in
court for any such court proceedings.
(d) Payment of Fine.--In the case of a person contesting an
administrative fine in Federal court or through alternative dispute
resolution pursuant to this section, the person shall not be required
to pay the fine until a final judgment is entered that requires the
person to pay the fine, and that no additional interest or penalties
should accrue while the fine is contested.
(e) Alternative Dispute Resolution.--The enforcing agency shall
provide the opportunity for the person fined to undergo alternative
means of dispute resolution, as defined in section 571(3) of title 5,
United States Code, by a neutral third party, unless the person
contests in Federal district court.
(f) Costs.--A person who contests an administrative fine in court
pursuant to this section and prevails, may recover reasonable court
costs, including attorney fees.
SEC. 5. DEPOSIT OF ADMINISTRATIVE FINES INTO TREASURY.
Notwithstanding any other provision of law, in the case of an
administrative fine that is paid--
(1) except as provided in section 3718(d) of title 31,
United States Code, the full amount of the fine shall be
deposited into the Treasury; and
(2) the fine may not be used to supplement or offset the
appropriations of the Federal department or agency that
assessed the fine.
SEC. 6. ADMINISTRATIVE FINE DEFINED.
In this Act, the term ``administrative fine'' means any fine or
penalty assessed by a Federal department or agency, but does not
include user fees, criminal fines or penalties, or any fine imposed by
a court. | Fines in Need of Extensive Reform Act of 2014 or the FINER Act of 2014 - Prohibits federal agency rules that provide for an assessment of an administrative fine from taking effect until 90 days after the rule and relevant rule guidance is made available on the agency's website. Establishes procedures for enforcement of, and challenges to, administrative fines to: (1) prohibit fine assessments unless a particular officer or employee of the agency is responsible for assessing the fine, (2) allow persons to challenge the imposition of a fine in federal court or through alternative dispute resolution by a neutral third party, and (3) require rule violations to be dismissed if the agency officer or employee who assessed the fine is not present in court for any proceedings contesting the fine. Requires agencies to publish annually in the Federal Register guidance for any rules for which they may assess an administrative fine. Allows a person who prevails in contesting a fine to recover reasonable court costs and attorney's fees. Provides for fine amounts to be deposited into the Treasury. Prohibits fines from being used to supplement or offset the appropriations of the agency that assessed the fine. Excludes user fees, criminal fines or penalties, or court-imposed fines from the requirements applicable to administrative fines. | {"src": "billsum_train", "title": "FINER Act of 2014"} | 1,615 | 277 | 0.639159 | 1.748534 | 0.887913 | 2.883817 | 6.360996 | 0.900415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retirement Account Protection Act of
2001''.
SEC. 2. ADDITIONAL FIDUCIARY PROTECTIONS RELATING LOCKDOWNS UNDER
EMPLOYEE STOCK OWNERSHIP PLANS.
(a) In General.--Section 402(a)(2) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1104(a)(2)) is amended--
(1) by striking ``In the case'' and inserting ``Subject to
subparagraph (B), in the case''; and
(2) by adding at the end the following new subparagraph:
``(B)(i) In the case of any eligible individual account plan (as
defined in section 407(d)(3))--
``(I) unless an exemption is obtained from the Secretary
under clause (ii), no lockdown may be imposed by the plan
sponsor, administrator, or any other fiduciary in connection
with the nonforfeitable accrued benefit of a participant or
beneficiary, and
``(II) no lockdown may take effect until at least 90 days
after written notice (which may include notice by means of
electronic communication) of such a waiver is provided by the
plan administrator to such participant or beneficiary.
``(ii) The Secretary shall establish a procedure under which a plan
administrator may apply for an exemption for purposes of clause (i).
The Secretary may not grant such exemption unless the Secretary finds
that such exemption is--
``(I) administratively feasible,
``(II) in the interests of the plan and of its participants
and beneficiaires, and
``(III) protective of the rights of participants and
beneficiaries of the plan.
Before granting such an exemption, the Secretary shall publish notice
in the Federal Register of the pendency of the exemption, shall require
that adequate notice be given to interested persons, and shall afford
interested persons opportunity to present views.
``(iii) Subparagraph (A) shall not apply in connection with any
plan unless the plan provides for compliance with the requirements of
clause (i).
``(iv) For purposes of this subparagraph, the term `lockdown' means
any lockdown, blackout, or freeze with respect to, suspension of, or
similar limitation on the ability of a participant or beneficiary (who
has met minimum participation requirements applicable in accordance
with section 202) to transfer some or all of the nonforfeitable accrued
benefit of the participant or benefiary from investment in the form of
qualifying employer securities (as defined in section 407(d)(5)) to
another investment vehicle otherwise available under the terms of the
plan. Such term does not include--
``(I) any permanent limitation which applies only to
benefits attributable to employer contributions, or
``(II) any reasonable restriction on the frequency of
transfers between investment vehicles, subject to such
regulations as the Secretary may prescribe.''.
SEC. 3. STUDY RELATING TO CAPS ON INVESTMENT OF INDIVIDUAL ACCOUNT PLAN
ASSETS IN EMPLOYER SECURITIES.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Labor, in consultation with the
Secretary of the Treasury and the Securities and Exchange Commission,
shall undertake a study relating to investment of plan assets of
individual account plans in stock or other securities issued by the
employer.
(b) Matters To Be Studied.--In conducting the study pursuant to
subsection (a), the Secretary shall--
(1) consider the feasibility of statutory limits on the
extent to which plan assets under individual account plans may
be invested in stock or other securities issued by the
employer, and
(2) analyze such feasibility with respect to a range of
possible statutory limits.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to each
House of the Congress setting forth the results of the study required
under subsection (a). Such report shall include such recommendations
for statutory or administrative changes as the Secretary of Labor, in
consultation with the Secretary of the Treasury and the Securities and
Exchange Commission, has determined to be appropriate.
SEC. 4. EFFECTIVE DATE AND RELATED RULES.
(a) In General.--Subject to subsection (b), the amendments made by
this Act shall apply with respect to plan years beginning on or after
January 1, 2002.
(b) Special Rule for Collectively Bargained Plans.--In the case of
a plan maintained pursuant to 1 or more collective bargaining
agreements between employee representatives and 1 or more employers
ratified on or before the date of the enactment of this Act, subsection
(a) shall be applied to benefits pursuant to, and individuals covered
by, any such agreement by substituting for ``January 1, 2002'' the date
of the commencement of the first plan year beginning on or after the
earlier of--
(1) the later of--
(A) January 1, 2003, or
(B) the date on which the last of such collective
bargaining agreements terminates (determined without
regard to any extension thereof after the date of the
enactment of this Act), or
(2) January 1, 2004.
(c) Plan Amendments.--If the amendments made by this Act require an
amendment to any plan, such plan amendment shall not be required to be
made before the first plan year beginning on or after January 1, 2004,
if--
(1) during the period after such amendments made by this
Act take effect and before such first plan year, the plan is
operated in accordance with the requirements of such amendments
made by this Act, and
(2) such plan amendment applies retroactively to the period
after such amendments made by this Act take effect and before
such first plan year. | Retirement Account Protection Act of 2001 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to revise fiduciary duties with respect to pension plans that are specified types of eligible individual account plans, including employee stock ownership plans that are among qualifying plans under section 401(k) of the Internal Revenue Code (IRC), but excluding, with certain exceptions, individual retirement accounts or annuities (IRAs) under section 408 of IRC.Prohibits sponsors, administrators, or other fiduciaries of such plans, unless they apply for and obtain exemptions from the Secretary of Labor, from imposing any lockdown (including a blackout, freeze, suspension, or similar limitation) on participants' or beneficiaries' ability to transfer their nonforfeitable accrued benefits from investment in the form of qualifying employer securities to other investment vehicles otherwise available under the terms of the plan. Prohibits the Secretary from granting such an exemption without finding that it is: (1) administratively feasible; (2) in the interests of the plan, participants, and beneficiaries; and (3) protective of participant and beneficiary rights. Prohibits any such lockdown from taking effect until at least 90 days after written notice (which may include notice by means of electronic communication) is provided by the plan administrator to such participants or beneficiaries.Directs the Secretary to study, and report with recommendations to Congress on, the feasibility of statutory limits on investment of individual account plan assets in stock or other securities issued by the employer. | {"src": "billsum_train", "title": "To amend title I of the Employee Retirement Income Security Act of 1974 to provide additional fiduciary protections for participants and beneficiaries under employee stock ownership plans with respect to lockdowns placed on plan assets."} | 1,299 | 323 | 0.686016 | 2.173728 | 0.727048 | 2.787004 | 4.231047 | 0.851986 |
SECTION 1. RESTRICTIONS ON TRANSFERS OR DISCHARGES OF NURSING FACILITY
RESIDENTS IN THE CASE OF VOLUNTARY WITHDRAWAL FROM
PARTICIPATION UNDER THE MEDICAID PROGRAM.
(a) In General.--Section 1919(c)(2) of the Social Security Act (42
U.S.C. 1396r(c)(2)) is amended by adding at the end the following new
subparagraph:
``(F) Continuing rights in case of voluntary
withdrawal from participation.--
``(i) In general.--In the case of a nursing
facility that voluntarily withdraws from
participation in a State plan under this title
but continues to provide services of the type
provided by nursing facilities--
``(I) the facility's voluntary
withdrawal from participation is not an
acceptable basis for the transfer or
discharge of residents of the facility
who were residing in the facility on
the day before the effective date of
the withdrawal;
``(II) the provisions of this
section continue to apply to such
residents until the date of their
discharge from the facility; and
``(III) in the case of each
individual who begins residence in the
facility after the effective date of
such withdrawal, the facility shall
provide notice orally and in a
prominent manner in writing on a
separate page at the time the
individual begins residence of the
information described in clause (ii)
and shall obtain from each such
individual at such time an
acknowledgment of receipt of such
information that is in writing, signed
by the individual, and separate from
other documents signed by such
individual.
Nothing in this subparagraph shall be construed
as affecting any requirement of a participation
agreement that a nursing facility provide
advance notice to the State or the Secretary,
or both, of its intention to terminate the
agreement.
``(ii) Information for new residents.--The
information described in this clause for a
resident is the following:
``(I) The facility is not
participating in the program under this
title with respect to that resident.
``(II) The facility may transfer or
discharge the resident from the
facility at such time as the resident
is unable to pay the charges of the
facility, even though the resident may
have become eligible for medical
assistance for nursing facility
services under this title.
``(iii) Continuation of payments and
oversight authority.--Notwithstanding any other
provision of this title, with respect to the
residents described in clause (i)(I), a
participation agreement of a facility described
in clause (i) is deemed to continue in effect
under such plan after the effective date of the
facility's voluntary withdrawal from
participation under the State plan for purposes
of--
``(I) receiving payments under the
State plan for nursing facility
services provided to such residents;
``(II) maintaining compliance with
all applicable requirements of this
title; and
``(III) continuing to apply the
survey, certification, and enforcement
authority provided under subsections
(g) and (h) (including involuntary
termination of a participation
agreement deemed continued under this
clause).
``(iv) Application to significant
reductions of extent of participation.--The
provisions of this subparagraph shall apply to
a significant voluntary reduction in the extent
of participation under a State plan in the case
of a resident who, on (or within 90 days after)
the effective date of the reduction, is
entitled to medical assistance under this title
with respect to nursing facility services in a
manner similar to the manner in which this
subparagraph applies to a voluntary withdrawal
of participation.
``(v) No application to new residents.--
This paragraph (other than subclause (III) of
clause (i) and so much of clause (iv) as the
Secretary determines relates to such subclause)
shall not apply to an individual who begins
residence in a facility on or after the
effective date of the withdrawal from
participation under this subparagraph.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to voluntary withdrawals from participation (and significant
reductions of extent of participation) occurring on or after the date
of the enactment of this Act.
(c) Report on Implementation.--Not later than 5 years after the
date of the enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report on the impact of the
implementation of the amendment made by subsection (a) on nursing
facilities, their residents, and medicaid beneficiaries. The report
shall include--
(1) an analysis of the impact of changes in medicaid
reimbursement rates for nursing facility services on the extent
to which nursing facilities voluntarily withdraw from (or
significantly reduce the extent of participation in) the
medicaid program and on access to and quality of such services;
and
(2) recommendations for such legislative changes as the
Secretary deems appropriate. | Amends title XIX (Medicaid) of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a facility's voluntary withdrawal from participation in the Medicaid program as long as such residents resided in the facility before the withdrawal. Requires a withdrawn facility to provide appropriate notice to new residents who begin residence after the withdrawal that the facility: (1) is not participating in the Medicaid program with respect to that resident; and (2) may transfer or discharge the resident from the facility at such time as the resident is unable to pay the charges of the facility, even though the resident may have become eligible for Medicaid's nursing facility services. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to prohibit transfers or discharges of residents of nursing facilities as a result of a voluntary withdrawal from participation in the medicaid program."} | 1,051 | 145 | 0.592213 | 1.62347 | 0.562323 | 3.325758 | 7.590909 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stable Fire Funding Act of 2006''.
SEC. 2. BUREAU OF LAND MANAGEMENT EMERGENCY FIREFIGHTING FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be used to pay 80 percent of the cost to the
United States for Bureau of Land Management emergency wildland fire
suppression activities that exceed amounts annually appropriated for
wildland fire suppression activities (referred to in this section as
the ``Fund''), consisting of--
(1) such amounts as are appropriated to the Fund under
subsection (e);
(2) such amounts as are appropriated but not expended for
fire suppression activities, to be transferred to the Fund by
the Secretary of the Interior; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--Subject to paragraph (2), upon request
by the Secretary of the Interior, the Secretary of the Treasury shall
transfer from the Fund to the Secretary of the Interior such amounts as
the Secretary of the Interior determines is necessary for wildland fire
suppression activities under subsection (a).
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Accounting and Reporting System.--The Secretary of the Interior
shall establish an accounting and reporting system for the Fund in
accordance with National Fire Plan reporting procedures.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund--
(1) for fiscal year 2007, $160,000,000 for emergency
wildland fire suppression activities carried out by the Bureau
of Land Management that exceed amounts annually appropriated
for wildland fire suppression activities; and
(2) for each subsequent fiscal year, such amount as is
necessary to maintain in the Fund the amount that is equal to
80 percent of the greatest of the amounts incurred by the
Secretary of the Interior for emergency fire suppression during
any of the 5 preceding fiscal years that exceed amounts
annually appropriated for wildland fire suppression activities.
SEC. 3. FOREST SERVICE EMERGENCY FIREFIGHTING FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be used to pay 80 percent of the cost to the
United States for Forest Service emergency wildland fire suppression
activities that exceed amounts annually appropriated for wildland fire
suppression activities (referred to in this section as the ``Fund''),
consisting of--
(1) such amounts as are appropriated to the Fund under
subsection (e);
(2) such amounts as are appropriated but not expended for
fire suppression activities, to be transferred to the Fund by
the Secretary of Agriculture; and
(3) any interest earned on investment of amounts in the
Fund under subsection (c).
(b) Expenditures From Fund.--Subject to paragraph (2), upon request
by the Secretary of Agriculture, the Secretary of the Treasury shall
transfer from the Fund to the Secretary of Agriculture such amounts as
the Secretary of Agriculture determines is necessary for wildland fire
suppression activities under subsection (a).
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals. Investments may be made only in interest-bearing
obligations of the United States.
(2) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(3) Sale of obligations.--Any obligation acquired by the
Fund may be sold by the Secretary of the Treasury at the market
price.
(4) Credits to fund.--The interest on, and the proceeds
from the sale or redemption of, any obligations held in the
Fund shall be credited to and form a part of the Fund.
(d) Accounting and Reporting System.--The Secretary of Agriculture
shall establish an accounting and reporting system for the Fund in
accordance with National Fire Plan reporting procedures.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund--
(1) for fiscal year 2007, $510,000,000 for emergency
wildland fire suppression activities carried out by the Forest
Service that exceed amounts annually appropriated for wildland
fire suppression activities; and
(2) for each subsequent fiscal year, such amount as is
necessary to maintain in the Fund the amount that is equal to
80 percent of the greatest of the amounts incurred by the
Secretary of Agriculture for emergency fire suppression during
any of the 5 preceding fiscal years that exceed amounts
annually appropriated for wildland fire suppression activities. | Stable Fire Funding Act of 2006 - Establishes in the Treasury separate funds to be used to pay 80% of the cost for Bureau of Land Management (BLM) and Forest Service emergency wildland fire suppression activities that exceed amounts annually appropriated for wildland fire suppression activities. | {"src": "billsum_train", "title": "A bill to provide for the establishment of emergency wildland fire suppression funds."} | 1,188 | 62 | 0.62287 | 1.514041 | 1.019369 | 4.9 | 22.64 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Girl Scouts USA Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress find as follows:
(1) The Girl Scouts of the United States of America is the
world's preeminent organization dedicated solely to girls where
they build character and skills for success in the real world.
(2) In 1911, Juliette Gordon Low met Sir Robert Baden-
Powell, a war hero and the founder of the Boy Scouts.
(3) With Baden-Powell's help and encouragement, Juliette
Gordon Low made plans to start a similar association for
American girls.
(4) On March 12, 1912, Juliette Gordon Low organized the
first 2 Girl Scout Troops in Savannah, Georgia consisting of 18
members.
(5) Low devoted the next 15 years of her life to building
the organization, which would become the largest voluntary
association for women and girls in the United States.
(6) Low drafted the Girl Scout laws, supervised the writing
of the first handbook in 1913, and provided most of the
financial support for the organization during its early years.
(7) The Girl Scouts of the United States of America was
chartered by the United States Congress in 1950 in title 36,
United States Code.
(8) Today there are more than 3,700,000 members in 236,000
troops throughout the United States and United States
territories.
(9) Through membership in the World Association of Girl
Guides and Girl Scouts, Girls Scouts of the United States of
America is part of a worldwide family of 10,000,000 girls and
adults in 145 countries.
(10) More than 50,000,000 American women enjoyed Girl
Scouting during their childhood--and that number continues to
grow as Girl Scouts of the United States of America continues
to inspire, challenge, and empower girls everywhere.
(11) March 12, 2012 will mark the 100th Anniversary of the
Girl Scouts of the United States of America.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of the
Girl Scouts of the USA, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the centennial of the Girl Scouts of
the United States of America.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2011''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Girl Scouts of the United States of America and the Commission
of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Use of the united states mint at west point, new
york.--It is the sense of the Congress that the coins minted
under this Act should be struck at the United States Mint at
West Point, New York, to the greatest extent possible.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2011.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid to the Girl Scouts of the
United States of America for efforts involved in marking the Centennial
which may include preservation efforts of the birthplace of Juliette
Gordon Low.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Girl Scouts of the United States of America as may be
related to the expenditures of amounts paid under subsection (b). | Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA.
Requires the coin design to be emblematic of the 100 years of the organization.
Restricts issuance of such coins to calendar year 2011.
Subjects coin sales to a surcharge of $10 per coin.
Requires payment of such surcharges to the Girl Scouts of the United States of America for efforts involved in marking the Centennial, which may include preservation efforts of the birthplace of Juliette Gordon Low. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of the Girl Scouts of the United States of America."} | 1,371 | 144 | 0.528166 | 1.654412 | 0.722803 | 5.042735 | 10.675214 | 0.923077 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Medikid Health
Care Expansion Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Permitting States to increase SCHIP eligibility to up to 250
percent of poverty line.
Sec. 3. Allowing higher income families to buy into program.
Sec. 4. Simplified outreach and enrollment.
Sec. 5. Expediting eligibility process.
Sec. 6. Availability of enrollment performance incentive bonuses from
reallotment.
Sec. 7. Encouraging school-based outreach.
Sec. 8. Extending authorization of graduate medical education funding
for children's hospitals.
Sec. 9. Optional coverage of low-income, uninsured pregnant women under
a state child health plan.
SEC. 2. PERMITTING STATES TO INCREASE SCHIP ELIGIBILITY TO UP TO 250
PERCENT OF POVERTY LINE.
(a) In General.--Section 2110(c)(4) of the Social Security Act (42
U.S.C. 1397jj(c)(4)) is amended by inserting ``(or, at the option of
the State, a higher percent not to exceed 250 percent)'' after ``200
percent''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect as of the date of the enactment of this Act.
SEC. 3. ALLOWING HIGHER INCOME FAMILIES TO BUY INTO PROGRAM.
Title XXI of the Social Security Act is amended by adding at the
end the following new section:
``SEC. 2111. OPTIONAL STATE BUY-IN PERMITTED FOR OTHER CHILDREN.
``Nothing in this title shall be construed as preventing a State
from permitting families of children who are not low-income children to
enroll in the State child health plan in return for payment of such
premium as the State may establish.''.
SEC. 4. SIMPLIFIED OUTREACH AND ENROLLMENT.
Section 2102 of the Social Security Act (42 U.S.C. 1397bb) is
amended by adding at the end the following new subsection:
``(d) Development and Use of Uniform Application Forms and
Coordinated Enrollment Process.--A State child health plan shall
provide, by not later than the first day of the first month that begins
more than 6 months after the date of the enactment of this subsection,
for--
``(1) the development and use of a uniform, simplified
application form which is used both for purposes of
establishing eligibility for benefits under this title and also
under title XIX; and
``(2) an enrollment process that is coordinated with that
under title XIX so that a family need only interact with a
single agency in order to determine whether a child is eligible
for benefits under this title or title XIX.''.
SEC. 5. EXPEDITING ELIGIBILITY PROCESS.
(a) Application of Presumptive Eligibility Under SCHIP and
Reduction of State Match for Outreach if Elect Presumptive
Eligibility.--
(1) In general.--Section 2102 of the Social Security Act
(42 U.S.C. 1397bb), as amended by section 4, is further amended
by adding at the end the following new subsection:
``(e) Application of Presumptive Eligibility Provisions.--A State
may elect to apply the provisions of section 1920A under this title in
the same manner as the State may elect to apply such provisions under
title XIX.''.
(2) Reduction of state matching requirement.--Section 2105
of such Act (42 U.S.C. 1397ee) is amended--
(A) in subsection (b), by inserting ``subject to
subsection (g),'' after ``For purposes of subsection
(a),''; and
(B) by adding at the end the following new
subsection:
``(g) 90 Percent Federal Match for Additional Outreach Expenditures
if State Elects To Use Presumptive Eligibility for Both Medicaid and
SCHIP.--The enhanced FMAP with respect to child health assistance for
outreach services described in section 2102(c)(1) for a State shall be,
with respect to expenditures for such services above the level of such
expenditures in fiscal year 2000, equal to 90 percent if the State has
both--
``(1) elected to apply the provisions of section 1920A
under title XIX for the entire fiscal year; and
``(2) elected under section 2102(e) to apply the provisions
of section 1920A under this title for the entire fiscal
year.''.
(3) Effective date.--The amendments made by this subsection
take effect on the date of the enactment of this Act and apply
to fiscal years beginning on or after such date.
(b) Clarification of Use of SCHIP Funds To Provide Enrolling
Centers With Incentives To Enroll Low-Income Children.--
(1) In general.--Section 2105 of such Act (42 U.S.C.
1397ee), as amended by subsection (b), is further amended--
(A) in subsection (g), by inserting ``and for
expenditures described in subsection (h)'' after
``described in section 2102(c)(1)''; and
(B) by adding at the end the following new
subsection:
``(h) Treatment of Enrollment Incentives.--Reasonable expenditures
to enrolling centers to provide an incentive to enroll targeted low-
income children under this title shall be treated as reasonable costs
incurred by the State to administer the plan for purposes of subsection
(a)(2)(D).''.
(2) Effective date.--The amendments made by paragraph (1)
apply to expenditures made on or after the date of the
enactment of this Act.
SEC. 6. AVAILABILITY OF ENROLLMENT PERFORMANCE INCENTIVE BONUSES FROM
REALLOTMENT.
Section 2105 of the Social Security Act (42 U.S.C. 1397ee), as
amended by section 5(a)(2), is amended by adding at the end the
following new subsection:
``(h) Enrollment Performance Incentive Bonus Payments.--
``(1) In general.--In the case of a bonus eligible State
described in paragraph (2), the Secretary shall pay to the
State, from the amount of an allotment redistributed to the
State under section 2104(f) during a fiscal year (beginning
with fiscal year 2001), an incentive performance bonus payment
equal to such percent (not less than 2 percent, and not to
exceed 5 percent) of the amount of such allotment as the
Secretary determines appropriate based on the State's
performance in meeting or exceeding objectives referred to in
paragraph (2)(B).
``(2) Bonus eligible state.--A bonus eligible State
described in this paragraph for a fiscal year is a State that--
``(A) has not had any allotment for any previous
fiscal year redistributed to another State under
section 2104(f); and
``(B) meets or exceeds reasonable objectives
established by the Secretary for the enrollment of low-
income children under this title (and title XIX).
``(3) Treatment of payment.--The amount paid under
paragraph (1)--
``(A) shall be paid without the need for any non-
Federal contribution under subsection (a);
``(B) may be used for any expenditures permitted
under subsection (b)(1) and without regard to any
limitations under paragraphs (2) and (3) of subsection
(b); but
``(C) may not be included in determining the amount
of non-Federal contributions otherwise required under
subsection (a).''.
SEC. 7. ENCOURAGING SCHOOL-BASED OUTREACH.
(a) In General.--Section 2102(c)(1) of such Act (42 U.S.C.
1397bb(c)(1)) is amended by adding at the end the following: ``Such
outreach shall include school-based programs targeted at schools with
high rates of uninsured children.''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on October 1, 2000.
SEC. 8. EXTENDING AUTHORIZATION OF GRADUATE MEDICAL EDUCATION FUNDING
FOR CHILDREN'S HOSPITALS.
Section 340E of the Public Health Service Act (42 U.S.C. 256e) is
amended--
(1) in subsection (a), by striking ``and 2001'' and
inserting ``through 2005''; and
(2) in subsection (f)--
(A) in paragraph (1)(A)(ii), by striking ``for
fiscal year 2001'' and inserting ``for each of fiscal
years 2001 through 2005'';
(B) in paragraph (1)(B), by striking ``for fiscal
year 2000 shall remain available for obligation through
the end of fiscal year 2001'' and inserting ``for a
fiscal year shall remain available for obligation
through the end of the succeeding fiscal year''; and
(C) in paragraph (2)(B), by striking ``for fiscal
year 2001'' and inserting ``for each of fiscal years
2001 through 2005''.
SEC. 9. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN UNDER
A STATE CHILD HEALTH PLAN.
(a) In General.--Title XXI of the Social Security Act, as amended
by section 3, is further amended by adding at the end the following new
section:
``SEC. 2112. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN.
``(a) Optional Coverage.--Notwithstanding any other provision of
this title, a State child health plan may provide for coverage of
pregnancy-related assistance for targeted low-income pregnant women in
accordance with this section, but only if the State has established an
income eligibility level under section 1902(l)(2)(A) for women
described in section 1902(l)(1)(A) that is 185 percent of the income
official poverty line.
``(b) Definitions.--For purposes of this section:
``(1) Pregnancy-related assistance.--The term `pregnancy-
related assistance' has the meaning given the term child health
assistance in section 2110(a) as if any reference to targeted
low-income children were a reference to targeted low-income
pregnant women, except that the assistance shall be limited to
services related to pregnancy (which include prenatal,
delivery, and postpartum services) and to other conditions that
may complicate pregnancy and shall not include prepregnancy
services and supplies.
``(2) Targeted low-income pregnant woman.--The term
`targeted low-income pregnant woman' has the meaning given the
term `targeted low-income child' in section 2110(b) as if any
reference to a child were deemed a reference to a woman during
pregnancy and through the end of the month in which the 60-day
period (beginning on the last day of her pregnancy) ends.
``(c) References to Terms and Special Rules.--In the case of, and
with respect to, a State providing for coverage of pregnancy-related
assistance to targeted low-income pregnant women under subsection (a),
the following special rules apply:
``(1) Any reference in this title (other than subsection
(b)) to a targeted low-income child is deemed to include a
reference to a targeted low-income pregnant woman.
``(2) Any such reference to child health assistance with
respect to such women is deemed a reference to pregnancy-
related assistance.
``(3) Any such reference to a child is deemed a reference
to a woman during pregnancy and the period described in
subsection (b)(2).
``(4) The medicaid applicable income level is deemed a
reference to the income level established under section
1902(l)(2)(A).
``(5) Subsection (a) of section 2103 (relating to required
scope of health insurance coverage) shall not apply insofar as
a State limits coverage to services described in subsection
(b)(1) and the reference to such section in section 2105(a)(1)
is deemed not to require, in such case, compliance with the
requirements of section 2103(a).
``(6) There shall be no exclusion of benefits for services
described in subsection (b)(1) based on any pre-existing
condition and no waiting period (including any waiting period
imposed to carry out section 2102(b)(3)(C)) shall apply.
``(d) No Impact on Allotments.--Nothing in this section shall be
construed as affecting the amount of any initial allotment provided to
a State under section 2104(b).
``(e) Application of Funding Restrictions.--The coverage under this
section (and the funding of such coverage) is subject to the
restrictions of section 2105(c).
``(f) Automatic Enrollment for Children Born to Women Receiving
Pregnancy-Related Assistance.--Notwithstanding any other provision of
this title or title XIX, if a child is born to a targeted low-income
pregnant woman who was receiving pregnancy-related assistance under
this section on the date of the children's birth, the child shall be
deemed to have applied for child health assistance under the State
child health plan and to have been found eligible for such assistance
under such plan (or, in the case of a State that provides such
assistance through the provision of medical assistance under a plan
under title XIX, to have applied for medical assistance under such
title and to have been found eligible for such assistance under such
title) on the date of such birth and to remain eligible for such
assistance until the child attains 1 year of age so long as the child
is a member of the woman's household and the woman remains (or would
remain if pregnant) eligible for such assistance. During the period in
which a child is deemed under the preceding sentence to be eligible for
child health or medical assistance, the child health or medical
assistance eligibility identification number of the mother shall also
serve as the identification number of the child, and all claims shall
be submitted and paid under such number (unless the State issues a
separate identification number for the child before such period
expires).''.
(b) State Option To Use Enhanced FMAP for Coverage of Additional
Pregnant Women Under the Medicaid Program.--Section 1905 of the Social
Security Act (42 U.S.C. 1396d) is amended--
(1) in subsection (b), by inserting ``and in the case of a
State plan that meets the condition described in subsections
(u)(1) and (u)(4)(A), with respect to expenditures described in
subsection (u)(4)(B) for the State for a fiscal year'' after
``for a fiscal year,'';
(2) by redesignating paragraph (4) of subsection (u) as
paragraph (5); and
(3) by inserting after paragraph (3) of subsection (u) the
following new paragraph:
``(4)(A) The condition described in this subparagraph for a State
plan is that the plan has established an income level under section
1902(l)(2)(A) with respect to individuals described in section
1902(l)(1)(A) that is 185 percent of the income official poverty line.
``(B) For purposes of subsection (b), the expenditures described in
this paragraph are expenditures for medical assistance for women
described in section 1902(l)(1)(A) whose income exceeds the income
level established for such women under section 1902(l)(2)(A)(i) as of
the date of the enactment of this paragraph but does not exceed than
185 percent of the income official poverty line.''.
(c) Conforming Amendments.--Section 2102(b)(1)(B) of the Social
Security Act (42 U.S.C. 1397bb(b)(1)(B)) is amended--
(1) by striking ``and'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; and''; and
(3) by adding at the end the following new clause:
``(iii) may not apply a waiting period
(including a waiting period to carry out
paragraph (3)(C)) in the case of a targeted
low-income child who is pregnant, if the State
provides for coverage of pregnancy-related
assistance for targeted low-income pregnant
women in accordance section 2112.''.
(d) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply to allotments
for all fiscal years. | Amends the Public Health Service Act to extend the authorization of graduate medical education funding for children's hospitals. | {"src": "billsum_train", "title": "Medikid Health Care Expansion Act of 2000"} | 3,842 | 24 | 0.436629 | 1.000559 | 0.272645 | 4.4 | 163.5 | 0.9 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Middle Class Tax
Cut Act''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; etc.
TITLE I--TEMPORARY EXTENSION OF TAX RELIEF
Sec. 101. Temporary extension of 2001 tax relief.
Sec. 102. Temporary extension of 2003 tax relief.
Sec. 103. Temporary extension of 2010 tax relief.
Sec. 104. Temporary extension of election to expense certain
depreciable business assets.
TITLE II--ALTERNATIVE MINIMUM TAX RELIEF
Sec. 201. Temporary extension of increased alternative minimum tax
exemption amount.
Sec. 202. Temporary extension of alternative minimum tax relief for
nonrefundable personal credits.
TITLE III--BUDGETARY EFFECTS
Sec. 301. Budgetary effects.
TITLE I--TEMPORARY EXTENSION OF TAX RELIEF
SEC. 101. TEMPORARY EXTENSION OF 2001 TAX RELIEF.
(a) Temporary Extension.--
(1) In general.--Section 901(a)(1) of the Economic Growth
and Tax Relief Reconciliation Act of 2001 is amended by
striking ``December 31, 2012'' and inserting ``December 31,
2013''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
Economic Growth and Tax Relief Reconciliation Act of 2001.
(b) Application to Certain High-Income Taxpayers.--
(1) Income tax rates.--
(A) Treatment of 25- and 28-percent rate
brackets.--Paragraph (2) of section 1(i) is amended to
read as follows:
``(2) 25- and 28-percent rate brackets.--The tables under
subsections (a), (b), (c), (d), and (e) shall be applied--
``(A) by substituting `25%' for `28%' each place it
appears (before the application of subparagraph (B)),
and
``(B) by substituting `28%' for `31%' each place it
appears.''.
(B) 33-percent rate bracket.--Subsection (i) of
section 1 is amended by redesignating paragraph (3) as
paragraph (4) and by inserting after paragraph (2) the
following new paragraph:
``(3) 33-percent rate bracket.--
``(A) In general.--In the case of taxable years
beginning after December 31, 2012--
``(i) the rate of tax under subsections
(a), (b), (c), and (d) on a taxpayer's taxable
income in the fourth rate bracket shall be 33
percent to the extent such income does not
exceed an amount equal to the excess of--
``(I) the applicable amount, over
``(II) the dollar amount at which
such bracket begins, and
``(ii) the 36 percent rate of tax under
such subsections shall apply only to the
taxpayer's taxable income in such bracket in
excess of the amount to which clause (i)
applies.
``(B) Applicable amount.--For purposes of this
paragraph, the term `applicable amount' means the
excess of--
``(i) the applicable threshold, over
``(ii) the sum of the following amounts in
effect for the taxable year:
``(I) the basic standard deduction
(within the meaning of section
63(c)(2)), and
``(II) the exemption amount (within
the meaning of section 151(d)(1) (or,
in the case of subsection (a), 2 such
exemption amounts).
``(C) Applicable threshold.--For purposes of this
paragraph, the term `applicable threshold' means--
``(i) $250,000 in the case of subsection
(a),
``(ii) $225,000 in the case of subsection
(b),
``(iii) $200,000 in the case of subsections
(c), and
``(iv) \1/2\ the amount applicable under
clause (i) (after adjustment, if any, under
subparagraph (E)) in the case of subsection
(d).
``(D) Fourth rate bracket.--For purposes of this
paragraph, the term `fourth rate bracket' means the
bracket which would (determined without regard to this
paragraph) be the 36-percent rate bracket.
``(E) Inflation adjustment.--For purposes of this
paragraph, with respect to taxable years beginning in
calendar years after 2012, each of the dollar amounts
under clauses (i), (ii), and (iii) of subparagraph (C)
shall be adjusted in the same manner as under paragraph
(1)(C), except that subsection (f)(3)(B) shall be
applied by substituting `2008' for `1992'.''.
(2) Phaseout of personal exemptions and itemized
deductions.--
(A) Overall limitation on itemized deductions.--
Section 68 is amended--
(i) by striking ``the applicable amount''
the first place it appears in subsection (a)
and inserting ``the applicable threshold in
effect under section 1(i)(3)'',
(ii) by striking ``the applicable amount''
in subsection (a)(1) and inserting ``such
applicable threshold'',
(iii) by striking subsection (b) and
redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively,
and
(iv) by striking subsections (f) and (g).
(B) Phaseout of deductions for personal
exemptions.--
(i) In general.--Paragraph (3) of section
151(d) is amended--
(I) by striking ``the threshold
amount'' in subparagraphs (A) and (B)
and inserting ``the applicable
threshold in effect under section
1(i)(3)'',
(II) by striking subparagraph (C)
and redesignating subparagraph (D) as
subparagraph (C), and
(III) by striking subparagraphs (E)
and (F).
(ii) Conforming amendments.--Paragraph (4)
of section 151(d) is amended--
(I) by striking subparagraph (B),
(II) by redesignating clauses (i)
and (ii) of subparagraph (A) as
subparagraphs (A) and (B),
respectively, and by indenting such
subparagraphs (as so redesignated)
accordingly, and
(III) by striking all that precedes
``in a calendar year after 1989,'' and
inserting the following:
``(4) Inflation adjustment.--In the case of any taxable
year beginning''.
(c) Effective Date.--Except as otherwise provided, the amendments
made by this section shall apply to taxable years beginning after
December 31, 2012.
(d) Application of EGTRRA Sunset.--Each amendment made by
subsection (b) shall be subject to title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 to the same extent and in the
same manner as if such amendment was included in title I of such Act.
SEC. 102. TEMPORARY EXTENSION OF 2003 TAX RELIEF.
(a) Extension.--
(1) In general.--Section 303 of the Jobs and Growth Tax
Relief Reconciliation Act of 2003 is amended by striking
``December 31, 2012'' and inserting ``December 31, 2013''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the Jobs
and Growth Tax Relief Reconciliation Act of 2003.
(b) 20-Percent Capital Gains Rate for Certain High Income
Individuals.--
(1) In general.--Paragraph (1) of section 1(h) is amended
by striking subparagraph (C), by redesignating subparagraphs
(D) and (E) as subparagraphs (E) and (F) and by inserting after
subparagraph (B) the following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital
gain (or, if less, taxable income) as exceeds
the amount on which a tax is determined under
subparagraph (B), or
``(ii) the excess (if any) of--
``(I) the amount of taxable income
which would (without regard to this
paragraph) be taxed at a rate below 36
percent, over
``(II) the sum of the amounts on
which a tax is determined under
subparagraphs (A) and (B),
``(D) 20 percent of the adjusted net capital gain
(or, if less, taxable income) in excess of the sum of
the amounts on which tax is determined under
subparagraphs (B) and (C),''.
(2) Minimum tax.--Paragraph (3) of section 55(b) is amended
by striking subparagraph (C), by redesignating subparagraph (D)
as subparagraph (E), and by inserting after subparagraph (B)
the following new subparagraphs:
``(C) 15 percent of the lesser of--
``(i) so much of the adjusted net capital
gain (or, if less, taxable excess) as exceeds
the amount on which tax is determined under
subparagraph (B), or
``(ii) the excess described in section
1(h)(1)(C)(ii), plus
``(D) 20 percent of the adjusted net capital gain
(or, if less, taxable excess) in excess of the sum of
the amounts on which tax is determined under
subparagraphs (B) and (C), plus''.
(c) Conforming Amendments.--
(1) The following provisions are each amended by striking
``15 percent'' and inserting ``20 percent'':
(A) Section 531.
(B) Section 541.
(C) Section 1445(e)(1).
(D) The second sentence of section 7518(g)(6)(A).
(E) Section 53511(f)(2) of title 46, United States
Code.
(2) Sections 1(h)(1)(B) and 55(b)(3)(B) are each amended by
striking ``5 percent (0 percent in the case of taxable years
beginning after 2007)'' and inserting ``0 percent''.
(3) Section 1445(e)(6) is amended by striking ``15 percent
(20 percent in the case of taxable years beginning after
December 31, 2010)'' and inserting ``20 percent''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided, the
amendments made by subsections (b) and (c) shall apply to
taxable years beginning after December 31, 2012.
(2) Withholding.--The amendments made by paragraphs (1)(C)
and (3) of subsection (c) shall apply to amounts paid on or
after January 1, 2013.
(e) Application of JGTRRA Sunset.--Each amendment made by
subsections (b) and (c) shall be subject to section 303 of the Jobs and
Growth Tax Relief Reconciliation Act of 2003 to the same extent and in
the same manner as if such amendment was included in title III of such
Act.
SEC. 103. TEMPORARY EXTENSION OF 2010 TAX RELIEF.
(a) American Opportunity Tax Credit.--
(1) In general.--Section 25A(i) is amended by striking ``or
2012'' and inserting ``2012, or 2013''.
(2) Treatment of possessions.--Section 1004(c)(1) of
division B of the American Recovery and Reinvestment Tax Act of
2009 is amended by striking ``and 2012'' each place it appears
and inserting ``2012, and 2013''.
(b) Child Tax Credit.--Section 24(d)(4) is amended--
(1) by striking ``and 2012'' in the heading and inserting
``2012, and 2013'', and
(2) by striking ``or 2012'' and inserting ``2012, or
2013''.
(c) Earned Income Tax Credit.--Section 32(b)(3) is amended--
(1) by striking ``and 2012'' in the heading and inserting
``2012, and 2013'', and
(2) by striking ``or 2012'' and inserting ``2012, or
2013''.
(d) Temporary Extension of Rule Disregarding Refunds in the
Administration of Federal Programs and Federally Assisted Programs.--
Subsection (b) of section 6409 is amended by striking ``December 31,
2012'' and inserting ``December 31, 2013''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2012.
(2) Rule disregarding refunds in the administration of
certain programs.--The amendment made by subsection (d) shall
apply to amounts received after December 31, 2012.
SEC. 104. TEMPORARY EXTENSION OF ELECTION TO EXPENSE CERTAIN
DEPRECIABLE BUSINESS ASSETS.
(a) In General.--
(1) Dollar limitation.--Section 179(b)(1) is amended--
(A) by striking ``and'' at the end of subparagraph
(C),
(B) by redesignating subparagraph (D) as
subparagraph (E),
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) $250,000 in the case of taxable years
beginning in 2013, and'', and
(D) in subparagraph (E), as so redesignated, by
striking ``2012'' and inserting ``2013''.
(2) Reduction in limitation.--Section 179(b)(2) is
amended--
(A) by striking ``and'' at the end of subparagraph
(C),
(B) by redesignating subparagraph (D) as
subparagraph (E),
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) $800,000 in the case of taxable years
beginning in 2013, and'', and
(D) in subparagraph (E), as so redesignated, by
striking ``2012'' and inserting ``2013''.
(b) Computer Software.--Section 179(d)(1)(A)(ii) is amended by
striking ``2013'' and inserting ``2014''.
(c) Election.--Section 179(c)(2) is amended by striking ``2013''
and inserting ``2014''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
TITLE II--ALTERNATIVE MINIMUM TAX RELIEF
SEC. 201. TEMPORARY EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNT.
(a) In General.--Paragraph (1) of section 55(d) is amended--
(1) by striking ``$72,450'' and all that follows through
``2011'' in subparagraph (A) and inserting ``$78,750 in the
case of taxable years beginning in 2012'', and
(2) by striking ``$47,450'' and all that follows through
``2011'' in subparagraph (B) and inserting ``$50,600 in the
case of taxable years beginning in 2012''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 202. TEMPORARY EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR
NONREFUNDABLE PERSONAL CREDITS.
(a) In General.--Paragraph (2) of section 26(a) is amended--
(1) by striking ``or 2011'' and inserting ``2011, or
2012'', and
(2) by striking ``2011'' in the heading thereof and
inserting ``2012''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
TITLE III--BUDGETARY EFFECTS
SEC. 301. BUDGETARY EFFECTS.
(a) PAYGO Scorecard.--The budgetary effects of this Act shall not
be entered on either PAYGO scorecard maintained pursuant to section
4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecard.--The budgetary effects of this Act
shall not be entered on any PAYGO scorecard maintained for purposes of
section 201 of S. Con. Res. 21 (110th Congress).
Passed the Senate July 25, 2012.
Attest:
Secretary.
112th CONGRESS
2d Session
S. 3412
_______________________________________________________________________
AN ACT
To amend the Internal Revenue Code of 1986 to provide tax relief to
middle-class families. | Middle Class Tax Cut Act - Title I: Temporary Extension of Tax Relief - (Sec. 101) Extends through 2013 for an individual taxpayer whose adjusted gross income is less than the applicable threshold amount (i.e., $200,000 for individual taxpayers, $225,000 for heads of household, and $250,000 for married couples filing a joint tax return) the tax rate reductions and other tax benefits of the Economic Growth and Tax Relief Reconciliation Act of 2001.
Modifies individual income tax brackets for 2013 to reduce income tax for taxpayers whose adjusted gross income is less than the applicable threshold amount and to increase the income tax rate for taxpayers above such threshold amount. Provides for an inflation adjustment to the applicable threshold amounts for calendar years beginning after 2012. Exempts taxpayers whose adjusted gross income is less than the applicable threshold amount from the phase-out of personal exemptions and itemized deductions.
(Sec. 102) Extends through 2013 for an individual taxpayer whose adjusted gross income is less than the applicable threshold amount the reduction in the tax rate for dividend and capital gain income enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003.
Increases to 20% the tax rate for capital gains income for taxpayers whose adjusted gross income exceeds the applicable threshold amount.
(Sec. 103) Extends through 2013: (1) the increased American Opportunity tax credit, (2) the increase in the refundable portion of the child tax credit, (3) the increased earned income tax credit percentage for three or more qualifying children, and (4) the disregard of tax credits and refunds in determining eligibility for federal and federally-assisted programs (i.e., means tested programs).
(Sec. 104) Extends to taxable years beginning in 2013 a $250,000 expensing allowance for depreciable business assets, including computer software. Increases to $800,000 the threshold for a phase-out of the amount of such expensing allowance.
Title II: Alternative Minimum Tax Relief - (Sec. 201) Extends to taxable years beginning in 2012 the increased exemption from the alternative minimum tax (AMT) for individual taxpayers.
(Sec. 202) Extends to taxable years beginning in 2012 the offset against the AMT for certain nonrefundable personal tax credits.
Title III: Budgetary Effects - Provides that the budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to the Statutory Pay-As-You-Go Act of 2010 or any Senate PAYGO scorecard. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide tax relief to middle-class families."} | 4,034 | 562 | 0.605471 | 1.769255 | 0.640191 | 2.290254 | 7.415254 | 0.819915 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Correction and Victim
Assistance Act of 1996''.
SEC. 2. REPEAL OF SECTIONS PROHIBITING PRISON LABOR.
Title 18, United States Code, is amended--
(1) by striking sections 436;
(2) in the table of sections at the beginning of chapter
23, by striking the item relating to section 436;
(3) by striking chapter 85; and
(4) in the table of chapters at the beginning of part I of
title 18, United States Code, is amended by striking the item
relating to chapter 85.
SEC. 3. PRISON SECURITY.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4048. Strength-training of prisoners prohibited
``The Bureau of Prisons shall ensure that--
``(1) prisoners under its jurisdiction do not engage in any
physical activities designed to increase their physical
strength or their fighting ability; and
``(2) all equipment designed for increasing the physical
strength or fighting ability of prisoners promptly be removed
from Federal correctional facilities and not be introduced into
such facilities thereafter except as needed for a medically
required program of physical rehabilitation approved by the
Director of the Bureau of Prisons.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of title 18, United States Code, is amended by adding at
the end the following new item:
``4048. Strength-training of prisoners prohibited.''.
SEC. 4. REQUIREMENTS FOR PRISONERS.
(a) In General.--Chapter 301 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4014. Requirement for prisoners
``(a) The Attorney General shall establish by rule--
``(1) the requirement that Federal prisoners that are able
to do so engage in work and that such prisoners work at least
48 hours each week;
``(2) the requirement that Federal prisoners engage in
educational study for at least 12 hours each week;
``(3) that no television viewing will be provided to
Federal prisoners, except educational programs; and
``(4) that a 25 percent assessment be levied on all wages
earned by Federal prisoners, with 5 percent returned to the
prosecuting agency to help reimburse the cost of the
prosecution, 10 percent set aside for victim restitution, and
10 percent placed in the Fund created by subsection (b).
``(b) There is established in the Treasury the James Wilson, Jr.
Fund (referred to in this section as the `Fund'). The Fund shall
consist of moneys placed in it under subsection (a). The Attorney
General shall distribute the money in the fund equally between--
(1) State and local programs whose primary purpose is to
provide training and purchase equipment designed to protect
peace officers from personal injury in the line of duty
resulting from the criminal acts of third-parties; and
(2) to families of local, State, and Federal peace officers
killed in the line of duty;
according to such procedures, and in such amounts, as the Attorney
General shall by rule establish.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 301 of title 18, United States Code, is amended by adding at
the end the following new item:
``4014. Requirement for prisoners.''.
SEC. 5. STOPPING ABUSIVE PRISONER LAWSUITS.
(a) Exhaustion Requirement.--Section 7(a)(1) of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e) is amended--
(1) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(2) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(3) by inserting ``are exhausted'' after ``available''.
(b) Frivolous Actions.--Section 7(a) of the Civil Rights of
Institutionalized Persons Act (42 U.S.C. 1997e(a)) is amended by adding
at the end the following:
``(3) The court shall on its own motion or on motion of a party
dismiss any action brought pursuant to section 1979 of the Revised
Statutes of the United States by an adult convicted of a crime and
confined in any jail, prison, or other correctional facility if the
action fails to state a claim upon which relief can be granted or is
frivolous or malicious.''.
(c) Modification of Required Minimum Standards.--Section 7(b)(2) of
the Civil Rights of Institutionalized Persons Act (42 U.S.C.
1997e(b)(2)) is amended by striking subparagraph (A) and redesignating
subparagraphs (B) through (E) as subparagraphs (A) through (D),
respectively.
(d) Proceeding in Forma Pauperis.--
(1) Dismissal.--Section 1915(d) of title 28, United States
Code, is amended--
(A) by inserting ``at any time'' after ``counsel
and may'';
(B) by striking ``and may'' and inserting ``and
shall'';
(C) by inserting ``fails to state a claim upon
which relief may be granted or'' after ``that the
action''; and
(D) by inserting ``even if partial filing fees have
been imposed by the court'' before the period.
(2) Prisoner's statement of assets.--Section 1915 of title
28, United States Code, is amended by adding at the end the
following:
``(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a) of this section, such
prisoner shall include in that affidavit a statement of all assets such
prisoner possesses. The court shall make inquiry of the correctional
institution in which the prisoner is incarcerated for information
available to that institution relating to the extent of the prisoner's
assets. The court shall require full or partial payment of filing fees
according to the prisoner's ability to pay.''. | Criminal Correction and Victim Assistance Act of 1996 - Amends the Federal criminal code to repeal provisions prohibiting: (1) contracting for or hiring out prisoner labor; or (2) knowingly transporting in interstate commerce or from any foreign country into the United States any prisoner-made goods.
(Sec. 3) Requires the Bureau of Prisons to ensure that: (1) prisoners under its jurisdiction do not engage in any physical activities designed to increase their physical strength or fighting ability; and (2) all equipment designed for increasing the physical strength or fighting ability of prisoners promptly be removed from Federal correctional facilities and not be introduced into such facilities thereafter except as needed for a medically required program of physical rehabilitation approved by the Director of the Bureau.
(Sec. 4) Directs the Attorney General to require that: (1) Federal prisoners who are able to do so work at least 48 hours each week and engage in educational study for at least 12 hours each week; (2) no television viewing be provided to Federal prisoners, except educational programs; and (3) a 25 percent assessment be levied on all wages earned by Federal prisoners, with five percent returned to the prosecuting agency to help reimburse the cost of the prosecution, ten percent set aside for victim restitution, and ten percent placed in the Fund created under this section.
Establishes in the Treasury the James Wilson, Jr. Fund. Directs the Attorney General to distribute the money in the Fund equally between: (1) State and local programs whose primary purpose is to provide training and purchase equipment designed to protect peace officers from personal injury in the line of duty resulting from the criminal acts of third parties; and (2) families of local, State, and Federal peace officers killed in the line of duty.
(Sec. 5) Amends the Civil Rights of Institutionalized Persons Act to prohibit an adult convicted of a crime who is confined in any correctional facility from bringing a civil action for deprivation of rights until such plain, speedy, and effective administrative remedies as are available are exhausted.
Directs the court, on its or a party's motion, to dismiss specified actions brought by an adult convicted of a crime and confined in any correctional facility if the court is satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious.
Repeals a provision of such Act requiring that the minimum standards provide for an advisory role for employees and inmates of a correctional facility in the system for resolution of inmate grievances.
Amends the Federal judicial code to require: (1) the court to dismiss a case in a forma pauperis proceeding if the allegation of poverty is untrue or if the action fails to state a claim upon which relief may be granted or is frivolous or malicious, even if partial filing fees have been imposed by the court; (2) a prisoner in a correctional institution who files an affidavit to include a statement of all assets such prisoner possesses; and (3) the court to ask the correctional institution for information relating to the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. | {"src": "billsum_train", "title": "Criminal Correction and Victim Assistance Act of 1996"} | 1,425 | 698 | 0.665352 | 2.183496 | 0.772451 | 4.830918 | 2.05153 | 0.908213 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean and Coastal Adaptation
Planning Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Oceans are a major carbon sink and have absorbed nearly
50 percent of all anthropogenic carbon dioxide emitted into the
atmosphere since the beginning of the Industrial Revolution.
(2) The increased absorption of carbon dioxide by the
oceans due to rising greenhouse gas emissions in the atmosphere
has--
(A) increased ocean acidity, which negatively
impacts the health of marine and coastal ecosystems and
resources; and
(B) influenced the important role oceans play in
the global cycling of carbon, compounding the effects
of temperature change on the ability of ocean and
coastal areas to serve as carbon sinks.
(3) Climate change has contributed to sea levels rising 7
inches during the 20th century and nearly 1.5 inches between
1993 and 2003.
(4) Higher atmospheric concentrations of greenhouse gases
result in increased air temperatures, which in turn lead to
warmer ocean waters and resulting changes in ecosystem
dynamics.
(5) Climate change will greatly amplify risks to coastal
populations, economies, and ecosystems from--
(A) saltwater inundation of low-lying coastal
regions;
(B) more frequent flooding due to storm surges;
(C) shifts in plant and animal species
distributions; and
(D) worsening beach erosion from relative sea level
rise and increased storm inundation.
(6) Researching the effects of climate change and ocean
acidification on coastal environments and the ways in which
coastal communities must adapt to the challenges these effects
will bring is an essential component to the overall response to
climate change and greenhouse gas pollution.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrators.--The term ``Administrators'' means the
Administrator of the National Oceanic and Atmospheric
Administration and the Administrator of the Environmental
Protection Agency.
(2) Institute.--The term ``Institute'' means each of the 4
Institutes for Ocean and Coastal Adaptation to Climate Change
and Ocean Acidification established under section 4(a).
SEC. 4. INSTITUTES FOR OCEAN AND COASTAL ADAPTATION TO CLIMATE CHANGE.
(a) Establishment.--The Administrators shall jointly establish 4
regional institutes, to be known as Institutes for Ocean and Coastal
Adaptation to Climate Change and Ocean Acidification, at institutions
of higher education in the United States.
(b) Purpose.--The purpose of each Institute shall be--
(1) to conduct research, planning, and related efforts to
assess, prepare for, and adapt to the ongoing and expected
impacts of climate change and ocean acidification on ocean and
coastal areas and resources, including the Great Lakes; and
(2) to create centers of excellence--
(A) to document and predict coastal and ocean
effects of climate change and ocean acidification; and
(B) to serve as principal national and
international resources for technical expertise on
adaptation strategies, including the enhancement and
preservation of ecosystem and resource resilience,
necessary for ocean and coastal areas to respond to the
impacts of climate change and ocean acidification.
(c) Selection.--
(1) Location.--The Administrators shall jointly select 1
institution of higher education to serve as an Institute in
each of the following regions:
(A) The Great Lakes Region, which shall include
Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin.
(B) The Northeast Region, which shall include
Connecticut, Delaware, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, Rhode Island, and
Vermont.
(C) The Southeast and Gulf Coast Region, which
shall include Alabama, Florida, Georgia, Louisiana,
Mississippi, North Carolina, Puerto Rico, South
Carolina, Texas, Virginia, and the Virgin Islands.
(D) The Western and Pacific Region, which shall
include Alaska, American Samoa, California, Guam,
Hawaii, the Northern Mariana Islands, Oregon, and
Washington.
(2) Application.--An institution of higher education
seeking to be selected as an Institute shall submit an
application to the Administrators at such time, in such manner,
and containing such information as the Administrators may
reasonably require.
(d) Grants for Institutes.--The Administrators shall award a grant
to each institutions of higher education selected as an Institute to
carry out the purposes of the Institute.
(e) Schedule.--The Administrators shall--
(1) not later than 9 months after the date of the enactment
of this Act, begin accepting the applications referred to in
subsection (c)(2); and
(2) not later than 90 days after the first date that
applications are accepted under paragraph (1)--
(A) select each institution of higher education to
serve as an Institute; and
(B) award a grant to each such institution, as
authorized under subsection (d).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Ocean and Coastal Adaptation Planning Act - Directs the Administrators of the National Oceanic and Atmospheric Administration (NOAA) and the Environmental Protection Agency (EPA) to jointly establish four Institutes for Ocean and Coastal Adaptation to Climate Change and Ocean Acidification to: (1) assess, prepare for, and adapt to the impacts of climate change and ocean acidification on ocean and coastal areas and resources, including the Great Lakes; and (2) create centers of excellence to document and predict coastal and ocean effects of climate change and ocean acidification and to serve as principal national and international resources for technical expertise on adaptation strategies.
Requires the Administrators to jointly select and award a grant to one institution of higher education to serve as such an Institute in each of four regions: (1) the Great Lakes Region; (2) the Northeast Region; (3) the Southeast and Gulf Coast Region; and (4) the Western and Pacific Region. | {"src": "billsum_train", "title": "A bill to establish 4 regional institutes as centers of excellence for research, planning, and related efforts to assess and prepare for the impacts of climate change on ocean and coastal areas and for other purposes."} | 1,075 | 195 | 0.630553 | 1.869557 | 1.032698 | 5.033333 | 5.711111 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Government Propaganda Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Since 1951, the following prohibition on the use of
appropriated funds for propaganda purposes has been enacted
annually: ``No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
purposes within the United States not heretofore authorized by
Congress.''.
(2) On May 19, 2004, the Government Accountability Office
(GAO) ruled that the Department of Health and Human Services
violated the publicity and propaganda prohibitions by creating
fake television new stories for distribution to broadcast
stations across the country.
(3) On January 4, 2005, the GAO ruled that the Office of
National drug Control Policy violated the publicity and
propaganda prohibitions by distributing fake television news
stories to broadcast stations from 2002 to 2004.
(4) In 2003, the Department of Education violated publicity
and propaganda prohibitions by using of taxpayer funds to
create fake television news stories promoting the ``No Child
Left Behind'' program violated the propaganda prohibition.
(5) An analysis of individual journalists, paid for by the
Department of Education in 2003, which ranked reporters on how
positive their articles portrayed the Administration and the
Republican Party, constituted a gross violation of the law
prohibiting propaganda and the use of taxpayer funds for
partisan purposes.
(6) The payment of taxpayer funds to journalist Armstrong
Williams in 2003 to promote Administration education policies
violated the ban on covert propaganda.
(7) The payment of taxpayer funds to journalist Maggie
Gallagher in 2002 to promote Administration welfare and family
policies violated the ban on covert propaganda.
(8) Payment for and construction of 8 little red
schoolhouse facades at the entranceways to the Department of
Education headquarters in Washington, DC to boost the image of
the ``No Child Left Behind'' program was an inappropriate use
of taxpayer dollars.
(9) Messages inserted into Social Security Administration
materials in 2004 and 2005 intended to further grassroots
lobbying efforts in favor of President Bush's Social Security
privatization plan is an inappropriate use of taxpayer funds.
(10) The Department of Health and Human Services ignored
the Government Accountability Office's legal decision of May
19, 2004, and failed to follow the GAO's directive to report
its Anti-Deficiency Act violation to Congress and the
President, as provided by section 1351 of title 31, United
States Code.
(11) Despite numerous violations of the propaganda law, the
Department of Justice has not acted to enforce the law or
follow the requirements of the Anti-Deficiency Act.
(12) In order to protect taxpayer funds, stronger measures
must be enacted into law to require actual enforcement of the
ban on the use of taxpayer funds for propaganda purposes.
SEC. 3. DEFINITION.
In this Act, the term ``publicity'' or ``propaganda'' includes--
(1) a news release or other publication that does not
clearly identify the Government agency directly or indirectly
(through a contractor) financially responsible for the message;
(2) any audio or visual presentation that does not
continuously and clearly identify the Government agency
directly or indirectly financially responsible for the message;
(3) an Internet message that does not continuously and
clearly identify the Government agency directly or indirectly
financially responsible for the message;
(4) any attempt to manipulate the news media by payment to
any journalist, reporter, columnist, commentator, editor, or
news organization;
(5) any message designed to aid a political party or
candidate;
(6) any message with the purpose of self-aggrandizement or
puffery of the Administration, agency, Executive branch
programs or policies, or pending congressional legislation;
(7) a message of a nature tending to emphasize the
importance of the agency or its activities;
(8) a message that is so misleading or inaccurate that it
constitutes propaganda; and
(9) the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, radio, television, or video
presentation designed to support or defeat legislation pending
before Congress or any State legislature, except in
presentation to Congress or any State legislature itself.
SEC. 4. PROHIBITION ON PUBLICITY OR PROPAGANDA AND ENFORCEMENT.
(a) In General.--The senior official of an Executive branch agency
who authorizes or directs funds appropriated to such Executive branch
agency for publicity or propaganda purposes within the United States,
unless authorized by law, is liable to the United States Government for
a civil penalty of not less than $5,000 and not more than $10,000, plus
3 times the amount of funds appropriated.
(b) Responsibilities of the Attorney General.--The Attorney General
diligently shall investigate a violation of subsection (a). If the
Attorney General finds that a person has violated or is violating
subsection (a), the Attorney General may bring a civil action under
this section against the person.
(c) Actions by Private Persons.--
(1) In general.--A person may bring a civil action for a
violation of subsection (a) for the person and for the United
States Government. The action shall be brought in the name of
the Government. The action may be dismissed only if the court
and the Attorney General give written consent to the dismissal
and their reasons for consenting.
(2) Notice.--A copy of the complaint and written disclosure
of substantially all material evidence and information the
person possesses shall be served on the Government pursuant to
Rule 4(d)(4) of the Federal Rules of Civil Procedure. The
complaint shall be filed in camera, shall remain under seal for
at least 60 days, and shall not be served on the defendant
until the court so orders. The Government may elect to
intervene and proceed with the action within 60 days after it
receives both the complaint and the material evidence and
information.
(3) Delay of notice.--The Government may, for good cause
shown, move the court for extensions of the time during which
the complaint remains under seal under paragraph (2). Any such
motions may be supported by affidavits or other submissions in
camera. The defendant shall not be required to respond to any
complaint filed under this section until 20 days after the
complaint is unsealed and served upon the defendant pursuant to
Rule 4 of the Federal Rules of Civil Procedure.
(4) Government action.--Before the expiration of the 60-day
period or any extensions obtained under paragraph (3), the
Government shall--
(A) proceed with the action, in which case the
action shall be conducted by the Government; or
(B) notify the court that it declines to take over
the action, in which case the person bringing the
action shall have the right to conduct the action.
(5) Limited intervention.--When a person brings an action
under this subsection, no person other than the Government may
intervene or bring a related action based on the facts
underlying the pending action.
(d) Rights of the Parties.--
(1) Government action.--If the Government proceeds with the
action, it shall have the primary responsibility for
prosecuting the action, and shall not be bound by an act of the
person bringing the action. Such person shall have the right to
continue as a party to the action, subject to the limitations
set forth in paragraph (2).
(2) Limitations.--
(A) Dismissal.--The Government may dismiss the
action notwithstanding the objections of the person
initiating the action if the person has been notified
by the Government of the filing of the motion and the
court has provided the person with an opportunity for a
hearing on the motion.
(B) Settlement.--The Government may settle the
action with the defendant notwithstanding the
objections of the person initiating the action if the
court determines, after a hearing, that the proposed
settlement is fair, adequate, and reasonable under all
the circumstances. Upon a showing of good cause, such
hearing may be held in camera.
(C) Proceedings.--Upon a showing by the Government
that unrestricted participation during the course of
the litigation by the person initiating the action
would interfere with or unduly delay the Government's
prosecution of the case, or would be repetitious,
irrelevant, or for purposes of harassment, the court
may, in its discretion, impose limitations on the
person's participation, such as--
(i) limiting the number of witnesses the
person may call;
(ii) limiting the length of the testimony
of such witnesses;
(iii) limiting the person's cross-
examination of witnesses; or
(iv) otherwise limiting the participation
by the person in the litigation.
(D) Limit participation.--Upon a showing by the
defendant that unrestricted participation during the
course of the litigation by the person initiating the
action would be for purposes of harassment or would
cause the defendant undue burden or unnecessary
expense, the court may limit the participation by the
person in the litigation.
(3) Action by person.--If the Government elects not to
proceed with the action, the person who initiated the action
shall have the right to conduct the action. If the Government
so requests, it shall be served with copies of all pleadings
filed in the action and shall be supplied with copies of all
deposition transcripts (at the Government's expense). When a
person proceeds with the action, the court, without limiting
the status and rights of the person initiating the action, may
nevertheless permit the Government to intervene at a later date
upon a showing of good cause.
(4) Interference.--Whether or not the Government proceeds
with the action, upon a showing by the Government that certain
actions of discovery by the person initiating the action would
interfere with the Government's investigation or prosecution of
a criminal or civil matter arising out of the same facts, the
court may stay such discovery for a period of not more than 60
days. Such a showing shall be conducted in camera. The court
may extend the 60-day period upon a further showing in camera
that the Government has pursued the criminal or civil
investigation or proceedings with reasonable diligence and any
proposed discovery in the civil action will interfere with the
ongoing criminal or civil investigation or proceedings.
(5) Government action.--Notwithstanding subsection (b), the
Government may elect to pursue its claim through any alternate
remedy available to the Government, including any
administrative proceeding to determine a civil money penalty.
If any such alternate remedy is pursued in another proceeding,
the person initiating the action shall have the same rights in
such proceeding as such person would have had if the action had
continued under this section. Any finding of fact or conclusion
of law made in such other proceeding that has become final
shall be conclusive on all parties to an action under this
section. For purposes of the preceding sentence, a finding or
conclusion is final if it has been finally determined on appeal
to the appropriate court of the United States, if all time for
filing such an appeal with respect to the finding or conclusion
has expired, or if the finding or conclusion is not subject to
judicial review.
(e) Award to Private Plaintiff.--
(1) Government action.--If the Government proceeds with an
action brought by a person under subsection (c), such person
shall, subject to the second sentence of this paragraph,
receive at least 15 percent but not more than 25 percent of the
proceeds of the action or settlement of the claim, depending
upon the extent to which the person substantially contributed
to the prosecution of the action.
(2) No government action.--If the Government does not
proceed with an action under this section, the person bringing
the action or settling the claim shall receive an amount which
the court decides is reasonable for collecting the civil
penalty and damages. The amount shall be not less than 25
percent and not more than 30 percent of the proceeds of the
action or settlement and shall be paid out of such proceeds.
Such person shall also receive an amount for reasonable
expenses which the court finds to have been necessarily
incurred, plus reasonable attorneys' fees and costs. All such
expenses, fees, and costs shall be awarded against the
defendant.
(3) Frivolous claim.--If the Government does not proceed
with the action and the person bringing the action conducts the
action, the court may award to the defendant its reasonable
attorneys' fees and expenses if the defendant prevails in the
action and the court finds that the claim of the person
bringing the action was clearly frivolous, clearly vexatious,
or brought primarily for purposes of harassment.
(f) Government Not Liable for Certain Expenses.--The Government is
not liable for expenses which a person incurs in bringing an action
under this section.
(g) Fees and Expenses to Prevailing Defendant.--In civil actions
brought under this section by the United States, the provisions of
section 2412(d) of title 28 shall apply.
(h) Whistleblower Protection.--
(1) In general.--Any employee who is discharged, demoted,
suspended, threatened, harassed, or in any other manner
discriminated against in the terms and conditions of employment
by his or her employer because of lawful acts done by the
employee on behalf of the employee or others in furtherance of
an action under this section, including investigation for,
initiation of, testimony for, or assistance in an action filed
or to be filed under this section, shall be entitled to all
relief necessary to make the employee whole.
(2) Relief.--Relief under this subsection shall include
reinstatement with the same seniority status such employee
would have had but for the discrimination, 2 times the amount
of back pay, interest on the back pay, and compensation for any
special damages sustained as a result of the discrimination,
including litigation costs and reasonable attorneys' fees. An
employee may bring an action in the appropriate district court
of the United States for the relief provided in this
subsection.
SEC. 5. JUDICIAL NOTICE.
The courts of the United States shall take cognizance and notice of
any legal decision of the Government Accountability Office interpreting
the application of this Act.
SEC. 6. POINT OF ORDER.
(a) In General.--
(1) Reduction of salary.--It shall not be in order in the
House of Representatives or the Senate to consider a bill,
amendment, or resolution providing an appropriation for an
agency that the Government Accountability Office has found in
violation of this Act unless the appropriations for salary and
expenses for the head of the relevant agency contains a
provision reducing the salary of the head by an amount equal to
the illegal expenditure identified by the Government
Accountability Office. If the illegal expenditure exceeds the
annual salary of the agency head, then the point of order shall
continue until the remaining amount is subtracted from the
salary of the agency head.
(2) Compliance.--Paragraph (1) shall not apply if the
agency is complying with the decision of the Government
Accountability Office.
(b) Supermajority Waiver and Appeal.--This section may be waived or
suspended in the Senate only by an affirmative vote of \3/5\ of the
Members, duly chosen and sworn. An affirmative vote of \3/5\ 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. | Stop Government Propaganda Act - Imposes a civil penalty on a senior official of an Executive branch agency who authorizes or directs funds appropriated to such agency for publicity or propaganda purposes within the United States.
Instructs the Attorney General to diligently investigate such a violation, and if the Attorney General finds that a person has committed such a violation or is committing such a violation, authorizes the Attorney General to bring a civil action against that person.
Allows a private person to bring a civil action for such a violation for the person and for the U.S. Government in the name of the Government. Permits the dismissal of such an action only if the court and the Attorney General give written consent to the dismissal and their reasons for consenting. Prohibits any person other than the Government from intervening or bringing a related action based on the facts underlying the pending action.
Specifies the rights of the parties with regard to such an action. Allows the Government to elect to pursue its claim through any alternate remedy available to it.
Sets forth requirements for whistleblower protections.
States that the U.S. courts shall take cognizance and notice of any legal decision of the Government Accountability Office (GAO) interpreting the application of this Act.
Prohibits a point of order in the House of Representatives or the Senate to consider legislation providing an appropriation for an agency that the GAO has found in violation of this Act, unless the appropriations for salary and expenses for the head of the relevant agency contains a provision reducing the salary of the head by an amount equal to the illegal expenditure. | {"src": "billsum_train", "title": "A bill to stop taxpayer funded Government propaganda."} | 3,288 | 364 | 0.391449 | 1.369263 | 0.681493 | 4.878788 | 10.643098 | 0.946128 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Child Well-Being Research Act
of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The well-being of children is a paramount concern for
our Nation and for every State, and most programs for children
and families are managed at the State or local level.
(2) Child well-being varies over time and across social,
economic, and geographic groups, and can be affected by changes
in the circumstances of families, by the economy, by the social
and cultural environment, and by public policies and programs
at the Federal, State, and local level.
(3) States, including small States, need information about
child well-being that is specific to their State and that is
up-to-date, cost-effective, and consistent across States and
over time.
(4) Regular collection of child well-being information at
the State level is essential so that Federal and State
officials can track child well-being over time.
(5) Information on child well-being is necessary for all
States, particularly small States that do not have State-level
data in other federally supported databases. Information is
needed on the well-being of all children, not just children
participating in Federal programs.
(6) Telephone surveys of parents represent a relatively
cost-effective strategy for obtaining information on child
well-being at the State level for all States, including small
States, and can be conducted alone or in mixed mode strategy
with other survey techniques.
(7) Data from telephone surveys of the population are
currently used to monitor progress toward many important
national goals, including immunization of preschool children
with the National Immunization Survey, and the identification
of health care issues of children with special needs with the
National Survey of Children with Special Health Care Needs.
(8) A State-level telephone survey, alone or in combination
with other techniques, can provide information on a range of
topics, including children's social and emotional development,
education, health, safety, family income, family employment,
and child care. Information addressing marriage and family
structure can also be obtained for families with children.
Information obtained from such a survey would not be available
solely for children or families participating in programs but
would be representative of the entire State population and
consequently, would not only inform welfare policymaking, but
policymaking on a range of other important issues, such as
child care, child welfare, child health, family formation, and
education.
SEC. 3. RESEARCH ON INDICATORS OF CHILD WELL-BEING.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(k) Indicators of Child Well-Being.--
``(1) In general.--The Secretary shall develop
comprehensive indicators to assess child well-being in each
State by directing the Director of the Maternal and Child
Health Bureau of the Health Resources and Services
Administration (in this subsection referred to as the
`Director') to expand the National Survey of Children's Health.
``(2) Requirements.--
``(A) In general.--The indicators developed under
paragraph (1) shall include measures related to the
following:
``(i) Education.
``(ii) Social and emotional development.
``(iii) Physical and mental health and
safety.
``(iv) Family well-being, such as family
structure, income, employment, child care
arrangements, and family relationships.
``(B) Collection requirements.--The data collected
with respect to the indicators developed under
paragraph (1) shall be--
``(i) statistically representative at the
State and National level;
``(ii) consistent across States;
``(iii) collected on an annual basis for at
least the 5 years following the first year of
collection;
``(iv) measured with reliability;
``(v) current;
``(vi) over-sampled, with respect to low-
income children and families, so that subgroup
estimates can be produced by a variety of
income categories (such as for 50, 100, and 200
percent of the poverty level, and for children
of varied ages, such as 0-5, 6-11, and 12-17
years of age); and
``(vii) made publicly available.
``(C) Other requirements.--
``(i) Publication.--The data collected with
respect to the indicators developed under
paragraph (1) shall be published as both actual
numbers and expressed in terms of rates or
percentages.
``(ii) Sample sizes.--Sample sizes used for
the collected data shall be adequate for
microdata on the categories included in clause
(vi) to be made publicly available without
violating confidentiality standards.
``(D) Consultation.--
``(i) In general.--In developing the
indicators required under paragraph (1) and the
means to collect the data required with respect
to the indicators, the Secretary shall require
the Director to consult and collaborate with a
subcommittee of the Federal Interagency Forum
on Child and Family Statistics, which shall
include representatives with expertise on all
the domains of child well-being described in
subparagraph (A). The subcommittee shall have
appropriate staff assigned to work with the
Maternal and Child Health Bureau during the
design phase of the survey.
``(ii) Duties.--The Director shall consult
with the subcommittee referred to in clause (i)
with respect to the design, content, and
methodology for the development of the
indicators required under paragraph (1) and the
collection of data regarding the indicators,
and the availability or lack thereof of similar
data through other Federal data collection
efforts.
``(iii) Costs.--Costs incurred by the
subcommittee with respect to the development of
the indicators and the collection of data
related to the indicators shall be treated as
costs of the National Survey of Children's
Health.
``(3) Advisory panel.--
``(A) Establishment.--The Secretary shall require
the Director to establish, with the advice of the
Federal Interagency Forum on Child and Family
Statistics, an advisory panel of experts to make
recommendations regarding the appropriate measures,
methods, dissemination strategies, and statistical
tools necessary for making the assessment required
under paragraph (1) based on the indicators developed
under that paragraph and the data collected with
respect to the indicators.
``(B) Membership.--
``(i) In general.--The advisory panel
established under subparagraph (A) shall
include experts on each of the domains of child
well-being described in paragraph (2)(A),
experts on child indicators, experts from State
agencies and from nonprofit organizations that
use child indicator data at the State level,
and experts on survey methodology.
``(ii) Deadline.--The members of the
advisory panel shall be appointed not later
than 2 months after the date of enactment of
the State Child Well-Being Research Act of
2007.
``(C) Meetings.--The advisory panel established
under subparagraph (A) shall meet--
``(i) at least 3 times during the first
year after the date of enactment of the State
Child Well-Being Research Act of 2007; and
``(ii) annually thereafter for the 4
succeeding years.
``(4) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years 2008
through 2012, $20,000,000 for the purpose of carrying out this
subsection.''. | State Child Well-Being Research Act of 2007 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require the Secretary of Health and Human Services to develop comprehensive indicators to assess child well-being in each state.
Directs the Secretary to establish an advisory panel to make recommendations regarding the appropriate measures and statistical tools necessary for making such assessment. | {"src": "billsum_train", "title": "A bill to amend part A of title IV of the Social Security Act to require the Secretary of Health and Human Services to conduct research on indicators of child well-being."} | 1,621 | 89 | 0.422433 | 1.148214 | 0.527725 | 3.658228 | 20.202532 | 0.898734 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Insurance Backstop
Extension Act of 2005''.
SEC. 2. EXTENSION OF TERRORISM INSURANCE PROGRAM.
(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:
``(E) Program year 4.--The term `Program Year 4'
means the period beginning on January 1, 2006 and
ending on December 31, 2006.
``(F) Program year 5.--The term `Program Year 5'
means the period beginning on January 1, 2007 and
ending on December 31, 2007.''.
(b) Insurer Deductible.--Paragraph (7) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by redesignating subparagraph (E) as subparagraph (H);
(2) in subparagraph (D), by striking ``and'' at the end;
(3) by inserting after subparagraph (D) the following new
subparagraphs:
``(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;
``(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'';
(4) in subparagraph (H) (as so redesignated by paragraph
(1) of this subsection)--
(A) by striking ``(D)'' and inserting ``(F)''; and
(B) by striking ``or Program Year 3'' and inserting
``Program Year 3, Program Year 4, or Program Year 5''.
(c) Mandatory Availability.--Subsection (c) of section 103 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) by striking all of the matter that precedes
subparagraph (A) of paragraph (1) and inserting the following:
``(c) Mandatory Availability.--During the Program, each entity that
meets the definition of an insurer under section 102--'';
(2) by striking paragraph (2); and
(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.
(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--
(1) in paragraph (2)(A), by striking ``or Program Year 3''
and inserting ``, Program Year 3, Program Year 4, Program Year
5, or the final Program Year'';
(2) in paragraph (3), by striking ``or Program Year 3'' and
inserting ``, Program Year 3, Program Year 4, Program Year 5,
or the final Program Year'';
(3) in paragraph (6)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C) by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(D) for Program Year 4, the lesser of--
``(i) $17,500,000,000; and
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year;
``(E) for each of Program Year 5 and the Final
Program Year, the lesser of--
``(i) $20,000,000,000; and
``(ii) the aggregate amount, for all
insurers, of insured losses during such Program
Year; and''; and
(4) in paragraph (7)--
(A) in subparagraph (A), by striking ``and (C)''
and inserting ``(C), (D), and (E)''; and
(B) in subparagraphs (B) and (C), by striking ``or
(C)'' each place such term appears and inserting ``(C),
(D), or (E)''.
(e) Coverage of Group Life Insurance.--
(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''.
(2) Technical and conforming amendments.--The Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(A) in section 102--
(i) in paragraph (1)--
(I) in subparagraph (B)(i), by
inserting ``or group life insurance''
after ``workers' compensation''; and
(II) in subparagraph (B)(ii), by
inserting ``and group life insurance''
after ``property and casualty
insurance'';
(ii) in paragraph (4)--
(I) by inserting ``or for group
life insurance'' after ``property and
casualty insurance''; and
(II) by striking ``paragraph (5)''
and inserting ``paragraph (6)'';
(iii) in paragraph (5), by inserting ``and
group life insurance'' after ``workers'
compensation''; and
(iv) in paragraph (6)--
(I) in subparagraph (A)(i), by
inserting ``property and casualty or
group life'' after ``excess'';
(II) in subparagraph (B), by
inserting ``or group life insurance
coverage'' after ``property and
casualty insurance coverage'';
(v) by redesignating paragraphs (5) through
(16) as paragraphs (6) through (17),
respectively; and
(vi) by inserting after paragraph (4), the
following new paragraph:
``(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.'';
(B) in section 103--
(i) in subsection (b)(1), by inserting
``(including a named beneficiary in the case of
a group life insurance policy)'' before the
second comma;
(ii) in subsection (c)--
(I) in paragraph (1) (as so
redesignated by subsection (c)(3) of
this section), by inserting ``and group
life'' after ``property and casualty'';
and
(II) in paragraph (2) (as so
redesignated by subsection (c)(3) of
this section), by inserting ``and group
life'' after ``property and casualty'';
(iii) in subsection (e)--
(I) in paragraph (6), by striking
``For'' and inserting ``Except as
provided in subparagraph (F) of this
paragraph, for'';
(II) in paragraph (6), by inserting
after subparagraph (E) (as added by
subsection (d)(3)(C) of this section)
the following new subparagraph:
``(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 2005,
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.'';
(III) in paragraph (7)(C), by
inserting ``or group life insurance''
after ``workers compensation'';
(IV) in paragraph (8)(A)(i), by
inserting ``and group life'' after
``property and casualty''; and
(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
(iv) by striking subsection (h);
(C) in section 105(c), by inserting ``or group
life'' after ``property and casualty''; and
(D) in section 108(d)(1), by inserting ``and the
group life insurance industry'' after ``property and
casualty insurance industry''.
(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.
(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:
``(h) Study on Long-Term Solutions.--By September 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.''.
(g) Termination of Program.--
(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''.
(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:
``(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.''.
SEC. 3. FINAL PROGRAM YEAR.
(a) Definition.--Paragraph (11) of section 102 of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note), as amended by the
preceding provisions of this Act, is further amended by adding at the
end the following new subparagraph:
``(G) Final program year.--The term `Final Program
Year' means the period beginning on January, 1, 2008
and ending on December 31, 2008.''. ''.
(b) Insured Losses.--Paragraph (5) of section 102 of the Terrorism
Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding
after and below subparagraph (B) the following new sentence:
``With respect to the Final Program Year, such term means only
such losses as are described in the preceding sentence that are
covered by primary or excess property and casualty insurance or
group life insurance, that is issued before January 1, 2008,
and expires not later than December 31, 2008; except that the
Secretary may exclude from insured losses for the Final Program
Year losses covered by a policy for such insurance if the
Secretary determines that the primary purpose in establishing
the particular term of the policy was obtaining compensation
under the Program for losses covered by the policy.''.
(c) Insurer Deductible.--Paragraph (7) of section 102 of the
Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note), as amended
by the preceding provisions of this Act, is further amended by
inserting after subparagraph (F) the following new subparagraph:
``(G) for the Final Program Year, the value of an
insurer's direct earned premiums for the terms
remaining under any policies for insurance described in
the last sentence of paragraph (5) as of the occurrence
of the act of terrorism during such Year that results
in insured losses, as determined by the Secretary,
multiplied by 20 percent; and''. | Terrorism Insurance Backstop Extension Act of 2005 - 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, from 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.
Details the treatment of insured losses and the insurer deductible for the Final Program Year (January 1, 2008, through December 31, 2008). | {"src": "billsum_train", "title": "To extend the terrorism insurance program of the Department of the Treasury."} | 2,894 | 179 | 0.613477 | 1.596852 | 0.654058 | 2.700565 | 14.435028 | 0.870056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kids and Terrorism Preparedness
Act''.
SEC. 2. EMERGENCY MEDICAL AND RESCUE SERVICES FOR CHILDREN.
(a) In General.--Section 1910(a) of the Public Health Service Act
(42 U.S.C. 300w-9(a)) is amended--
(1) by striking ``may make grants to States or accredited
schools of medicine in States to support a program of
demonstration projects for the expansion and improvement of
emergency medical services for children'' and inserting ``may
make grants to, or enter into contracts with, States, local
government entities, Indian tribes, accredited schools of
medicine, and nonprofit children's hospitals to improve
emergency medical services for children who need treatment for
trauma or critical care'';
(2) by inserting before the first period the following: ``,
including injury prevention activities and data collection'';
(3) by striking ``3-year'' and inserting ``4-year''; and
(4) by striking ``4th'' and inserting ``5th''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $45,000,000 to carry out section 1910 of the Public Health
Service Act (42 U.S.C. 300w-9).
SEC. 3. APPROPRIATE MEDICINES FOR CHILDREN IN THE FACE OF BIOTERRORISM.
(a) Meetings.--The Secretary of Health and Human Services, in
consultation with Commissioner of the Food and Drug Administration, the
Director of the National Institutes of Health, and the heads of other
appropriate Federal entities, shall convene meetings with drug
manufacturers, biotechnology manufacturers, and medical device
manufacturers to formulate a plan for the development of new, and
enhancement of existing, countermeasures (including diagnostics, drugs,
vaccines, biologics, and medical devices) that may be appropriate to
prevent and treat children who are exposed to biological agents and
chemical, radiological, or nuclear toxins.
(b) Notice of Products and Referrals.--The Secretary of Health and
Human Services shall give public notice of the products (including
diagnostics, drugs, vaccines, biologics, and medical devices) that
should be studied with respect to children, in response to bioterrorist
threats.
(c) Contracts, Grants, and Cooperative Agreements.--The Secretary
of Health and Human Services shall award contracts, grants, or
cooperative agreements to manufacturers described in subsection (a),
and other entities with the appropriate capacity and expertise, to
conduct needed studies relating to children.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for fiscal year 2002.
SEC. 4. CHILDREN'S MENTAL HEALTH.
Section 501(m) of the Public Health Service Act (42 U.S.C.
290aa(m)) is amended--
(1) in paragraph (1)--
(A) by striking ``2.5 percent'' and inserting ``5
percent''; and
(B) by striking ``paragraph (2)'' and inserting
``paragraphs (2) and (3)'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(3) by inserting after paragraph (1), the following:
``(2) Condition.--A condition of paragraph (1) is that 2.5
percent of the funds subject to paragraph (1) may only be
available for the provision of emergency mental health and
substance abuse treatment and prevention services to children
who are directly affected by terrorist acts.''.
SEC. 5. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.
Title III of the Public Health Service Act is amended by inserting
after section 319G (42 U.S.C. 247d-7) the following:
``SEC. 319H. CRISIS RESPONSE GRANTS TO ADDRESS CHILDREN'S NEEDS.
``(a) In General.--The Secretary may award grants to eligible
entities described in subsection (b) to enable such entities to
increase the coordination and development of bioterrorism preparedness
efforts relating to the needs of children.
``(b) Eligibility.--To be an eligible entity under this subsection,
an entity shall--
``(1) be a State, political subdivision of a State, a
consortium of 2 or more States or political subdivisions of
States, a public or private non-profit agency or organization,
or other organization that serves children as determined
appropriate by the Secretary; and
``(2) prepare and submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(c) Use of Funds.--An entity shall use amounts received under a
grant under this section to carry out activities for the coordination
and development of bioterrorism preparedness efforts relating to the
physical- and health-related needs of children.
``(d) Funding.--The Secretary may use amounts appropriated under
the 2001 Emergency Supplemental Appropriations Act for Recovery from
and Response to Terrorist Attacks on the United States (Public Law 107-
38) to carry out this section.''. | Kids and Terrorism Preparedness Act - Amends the Public Health Service Act to expand the emergency medical services for children grant program by including: (1) local government entities, Indian tribes, and nonprofit children's hospitals; (2) injury prevention activities and data collection; and (3) a longer time frame.Directs the Secretary of Health and Human Services to formulate a plan to assure the existence of countermeasures (diagnostics, drugs, vaccines, devices) appropriate for children exposed to biological agents and chemical, radiological, or nuclear toxins.Earmarks funds for grants for the provision of emergency mental health and substance abuse treatment and prevention services to children who are directly affected by terrorist acts.Authorizes the Secretary to award grants to States and others to increase the coordination and development of bioterrorism prepaparedness efforts relating to the needs of children. | {"src": "billsum_train", "title": "A bill to meet the needs of children when preparing for and responding to acts of terrorism."} | 1,173 | 184 | 0.630134 | 1.780625 | 0.728452 | 4.550633 | 6.5 | 0.93038 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arthritis Prevention, Control, and
Cure Act of 2008''.
SEC. 2. ENHANCING THE PUBLIC HEALTH ACTIVITIES RELATED TO ARTHRITIS OF
THE CENTERS FOR DISEASE CONTROL AND PREVENTION THROUGH
THE NATIONAL ARTHRITIS ACTION PLAN.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 314 the following:
``SEC. 315. IMPLEMENTATION OF THE NATIONAL ARTHRITIS ACTION PROGRAM.
``(a) Establishment of Program.--The Secretary may develop and
implement a National Arthritis Action Program (in this section referred
to as the `Program') consistent with this section.
``(b) Control, Prevention, and Surveillance.--
``(1) In general.--Under the Program, the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, may, directly or through competitive grants to
eligible entities, conduct, support, and promote the
coordination of research, investigations, demonstrations,
training, and studies relating to the control, prevention, and
surveillance of arthritis and other rheumatic diseases.
``(2) Training and technical assistance.--With respect to
the planning, development, and operation of any activity
carried out under paragraph (1), the Secretary may provide
training, technical assistance, supplies, equipment, or
services, and may assign any officer or employee of the
Department of Health and Human Services to a State or local
health agency, or to any public or nonprofit entity designated
by a State health agency, in lieu of providing grant funds
under this subsection.
``(3) Arthritis prevention research at the centers for
disease control and prevention centers.--The Secretary may
provide additional grant support under this subsection to
encourage the expansion of research related to the prevention
and management of arthritis at the Centers for Disease Control
and Prevention.
``(4) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means a national public or private
nonprofit entity that demonstrates to the satisfaction of the
Secretary, in the application described in subsection (e), the
ability of the entity to carry out the activities described in
paragraph (1).
``(c) Education and Outreach.--
``(1) In general.--Under the Program, the Secretary may
coordinate and carry out national education and outreach
activities, directly or through the provision of grants to
eligible entities, to support, develop, and implement education
initiatives and outreach strategies appropriate for arthritis
and other rheumatic diseases.
``(2) Initiatives and strategies.--Initiatives and
strategies implemented under paragraph (1) may include public
awareness campaigns, public service announcements, and
community partnership workshops, as well as programs targeted
at businesses and employers, managed care organizations, and
health care providers.
``(3) Priority.--In carrying out paragraph (1), the
Secretary--
``(A) may emphasize prevention, early diagnosis,
and appropriate management of arthritis, and
opportunities for effective patient self-management;
and
``(B) may give priority to reaching high-risk or
underserved populations.
``(4) Collaboration.--In carrying out this subsection, the
Secretary shall consult and collaborate with stake-holders from
the public, private, and nonprofit sectors with expertise
relating to arthritis control, prevention, and treatment.
``(5) Eligible entity.--For purposes of this subsection,
the term `eligible entity' means a national public or private
nonprofit entity that demonstrates to the satisfaction of the
Secretary, in the application described in subsection (e), the
ability of the entity to carry out the activities described in
paragraph (1).
``(d) Comprehensive State Grants.--
``(1) In general.--Under the Program, the Secretary may
award grants to eligible entities to provide support for
comprehensive arthritis control and prevention programs and to
enable such entities to provide public health surveillance,
prevention, and control activities related to arthritis and
other rheumatic diseases.
``(2) Eligibility.--To be eligible to receive a grant under
this subsection, an entity shall be a State or Indian tribe.
``(3) Application.--To be eligible to receive a grant under
this subsection, an entity shall submit to the Secretary an
application at such time, in such manner, and containing such
agreements, assurances, and information as the Secretary may
require, including a comprehensive arthritis control and
prevention plan that--
``(A) is developed with the advice of stakeholders
from the public, private, and nonprofit sectors that
have expertise relating to arthritis control,
prevention, and treatment that increase the quality of
life and decrease the level of disability;
``(B) is intended to reduce the morbidity of
arthritis, with priority on preventing and controlling
arthritis in at-risk populations and reducing
disparities in arthritis prevention, diagnosis,
management, and quality of care in underserved
populations;
``(C) describes the arthritis-related services and
activities to be undertaken or supported by the entity;
and
``(D) demonstrates the relationship the entity has
with the community and local entities and how the
entity plans to involve such community and local
entities in carrying out the activities described in
paragraph (1).
``(4) Use of funds.--An eligible entity may use amounts
received under a grant awarded under this subsection to
conduct, in a manner consistent with the comprehensive
arthritis control and prevention plan submitted by the entity
in the application under paragraph (3)--
``(A) public health surveillance and
epidemiological activities relating to the prevalence
of arthritis and assessment of disparities in arthritis
prevention, diagnosis, management, and care;
``(B) public information and education programs;
and
``(C) education, training, and clinical skills
improvement activities for health professionals,
including allied health personnel.
``(e) General Application.--To be eligible to receive a grant under
this section, except under subsection (d), an entity shall submit to
the Secretary an application at such time, in such manner, and
containing such agreements, assurances, and information as the
Secretary may require, including a description of how funds received
under a grant awarded under this section will supplement or fulfill
unmet needs identified in a comprehensive arthritis control and
prevention plan of the entity.
``(f) Definitions.--For purposes of this section:
``(1) Indian tribe.--The term `Indian tribe' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
``(2) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) for fiscal year 2009, $32,000,000;
``(2) for fiscal year 2010, $34,000,000;
``(3) for fiscal year 2011, $36,000,000;
``(4) for fiscal year 2012, $38,000,000; and
``(5) for fiscal year 2013, $40,000,000.''.
SEC. 3. ACTIVITIES OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES WITH
RESPECT TO JUVENILE ARTHRITIS AND RELATED CONDITIONS.
(a) In General.--The Secretary of Health and Human Services, in
coordination with the Director of the National Institutes of Health,
may expand and intensify programs of the National Institutes of Health
with respect to research and related activities concerning various
forms of juvenile arthritis and related conditions.
(b) Coordination.--The Director of the National Institutes of
Health may coordinate the programs referred to in subsection (a) and
consult with additional Federal officials, voluntary health
associations, medical professional societies, and private entities as
appropriate.
SEC. 4. PUBLIC HEALTH AND SURVEILLANCE ACTIVITIES RELATED TO JUVENILE
ARTHRITIS AT THE CENTERS FOR DISEASE CONTROL AND
PREVENTION.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 320A the following:
``SEC. 320B. SURVEILLANCE AND RESEARCH REGARDING JUVENILE ARTHRITIS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may award grants to and
enter into cooperative agreements with public or nonprofit private
entities for the collection, analysis, and reporting of data on
juvenile arthritis.
``(b) Technical Assistance.--In awarding grants and entering into
agreements under subsection (a), the Secretary may provide direct
technical assistance in lieu of cash.
``(c) Coordination With NIH.--The Secretary shall ensure that
epidemiological and other types of information obtained under
subsection (a) is made available to the National Institutes of Health.
``(d) Creation of a National Juvenile Arthritis Population-Based
Database.--The Secretary, acting through the Director of the Centers
for Disease Control and Prevention and in collaboration with a national
voluntary health organization with experience serving the juvenile
arthritis population as well as the full spectrum of arthritis-related
conditions, may support the development of a national juvenile
arthritis population-based database to collect specific data for
follow-up studies regarding the prevalence and incidence of juvenile
arthritis, as well as capturing information on evidence-based health
outcomes related to specific therapies and interventions.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $25,000,000
for each of fiscal years 2009 through 2013.''
SEC. 5. INVESTMENT IN TOMORROW'S PEDIATRIC RHEUMATOLOGISTS.
(a) Enhanced Support.--
(1) In general.--In order to ensure an adequate future
supply of pediatric rheumatologists, the Secretary of Health
and Human Services, in consultation with the Administrator of
the Health Resources and Services Administration, shall support
activities that provide for--
(A) an increase in the number and size of
institutional training grants awarded to institutions
to support pediatric rheumatology training; and
(B) an expansion of public-private partnerships to
encourage academic institutions, private sector
entities, and health agencies to promote educational
training and fellowship opportunities for pediatric
rheumatologists.
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $3,750,000 for
each of the fiscal years 2009 through 2013.
(b) Pediatric Loan Repayment Program.--
(1) In general.--The Secretary of Health and Human
Services, in consultation with the Administrator of the Health
Resources and Services Administration, shall establish and,
subject to the determination under paragraph (3), carry out a
pediatric rheumatology loan repayment program.
(2) Program administration.--Through the program
established under this subsection, the Secretary shall--
(A) enter into contracts with qualified health
professionals who are pediatric rheumatologists under
which--
(i) such professionals agree to provide
health care in an area with a shortage of
pediatric rheumatologists and that has the
capacity to support pediatric rheumatology, as
determined by the Secretary of Health and Human
Services; and
(ii) the Federal Government agrees to
repay, for each year of such service, not more
than $25,000 of the principal and interest of
the educational loans of such professionals;
and
(B) in addition to making payments under paragraph
(1) on behalf of an individual, make payments to the
individual for the purpose of providing reimbursement
for tax liability resulting from the payments made
under paragraph (1), in an amount equal to 39 percent
of the total amount of the payments made for the
taxable year involved.
(3) Determination of shortage areas.--For purposes of this
subsection, an area shall be determined to be an area with a
shortage of pediatric rheumatologists based on the ratio of the
number of children who reside in such area who are in need of
services of a pediatric rheumatologist to the number of
pediatric rheumatologists who furnish services within 100 miles
of the area.
(4) Periodic assessments.--
(A) In general.--The Secretary of Health and Human
Services shall periodically assess--
(i) the extent to which the loan repayment
program under this section is needed; and
(ii) the extent to which the program is
effective in increasing the number of pediatric
rheumatologists nationally and the number of
pediatric rheumatologists in areas with a
shortage of pediatric rheumatologists.
In the case that the Secretary determines, pursuant to
an assessment under this subparagraph, that there is no
longer a need for the loan repayment program, such
program shall be terminated as of a date specified by
the Secretary.
(B) Annual reports.--The Secretary of Health and
Human Services shall annually report to Congress on the
periodic assessments conducted under subparagraph (A).
(5) Funding.--
(A) In general.--For the purpose of carrying out
this subsection, the Secretary of Health and Human
Services may reserve, from amounts appropriated for the
Health Resources and Services Administration for the
fiscal year involved, such amounts as the Secretary
determines to be appropriate.
(B) Availability of funds.--Amounts made available
to carry out this section shall remain available until
the expiration of the second
fiscal year beginning after the fiscal year for which
such amounts were made available.
Passed the House of Representatives September 27, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Arthritis Prevention, Control, and Cure Act of 2008 - (Sec. 2) Amends the Public Health Service Act to allow the Secretary of Health and Human Services to develop and implement a National Arthritis Action Program, which may include: (1) conducting, supporting, and promoting the coordination of research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases; (2) providing training, technical assistance, supplies, equipment, or services and assigning any officer or employee of the Department of Health and Human Services (HHS) to a state or local health agency; (3) providing additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC); (4) carrying out national education and outreach activities to support, develop, and implement education initiatives and outreach strategies appropriate for arthritis and other rheumatic diseases; and (5) awarding grants to states or Indian tribes to support comprehensive arthritis control and prevention programs and to provide public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases.
Allows the Secretary, in carrying out national education and outreach activities, to: (1) emphasize prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management; and (2) give priority to reaching high-risk or underserved populations.
Authorizes appropriations for FY2009-FY2013.
(Sec. 3) Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) concerning juvenile arthritis and related conditions.
(Sec. 4) Allows the Secretary, acting through the Director of CDC, to award grants to, and enter into cooperative agreements with, public or nonprofit private entities for the collection, analysis, and reporting of data on juvenile arthritis. Requires the Secretary to ensure that epidemiological and other types of information are made available to NIH.
Allows the Secretary, acting through the Director of CDC, to support the development of a national juvenile arthritis population-based database to: (1) collect specific data for follow-up studies regarding the prevalence and incidence of juvenile arthritis; and (2) capture information on evidence-based health outcomes related to specific therapies and interventions.
Authorizes appropriations for FY2009-FY2013.
(Sec. 5) Requires the Secretary to support activities that provide for: (1) an increase in the number and size of institutional training grants to support pediatric rheumatology training; and (2) an expansion of public-private partnerships to promote educational training and fellowship opportunities for pediatric rheumatologists. Authorizes appropriations for FY2009-FY2013.
Requires the Secretary to establish and carry out a pediatric rheumatology loan repayment program through which the Secretary shall repay student loans in exchange for service as a pediatric rheumatologist in an area with both a shortage of pediatric rheumatologists and the capacity to support pediatric rheumatology. Requires the Secretary to periodically assess: (1) the extent to which the loan repayment program is needed; and (2) the extent to which the program is effective in increasing the number of pediatric rheumatologists nationally and in areas with a shortage. Terminates the program if the Secretary determines it is no longer needed. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for arthritis research and public health, and for other purposes."} | 3,041 | 731 | 0.690178 | 2.075423 | 0.720738 | 4.735759 | 4.382911 | 0.935127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Implementation of Flood
Insurance Reform Act of 2013''.
SEC. 2. CLARIFICATION ON APPLICATION OF CERTAIN PREMIUM ADJUSTMENTS
UNDER THE BIGGERT-WATERS FLOOD INSURANCE REFORM ACT OF
2012.
(a) Clarification.--Section 1308(h) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(h)) is amended--
(1) by striking ``Notwithstanding'' and inserting ``(1) In
general.--Notwithstanding''; and
(2) by adding at the end the following:
``(2) Applicability.--The requirements under paragraph (1)
shall only apply with respect to any property located in an
area--
``(A) that is participating in the national flood
insurance program; and
``(B) for which the Administrator has published in
the Federal Register projected base flood elevations
and designations of areas having special flood hazards
under section 1363(a) on or after December 31, 2013.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted as part of the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141; 126 Stat. 916).
SEC. 3. PHASE-IN OF ACTUARIAL RATES FOR NEWLY PURCHASED HOMES.
(a) In General.--Section 1308(e) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(e)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) not subject to the phase-in requirement under
paragraph (2), which are sold on or after the date of enactment
of the Biggert-Waters Flood Insurance Reform Act of 2012, and
notwithstanding the requirements of section 1307(g), shall be
increased by 20 percent each year, beginning in the year after
the first such sale, until the average risk premium rate for
such properties is equal to the average of the risk premium
rates for properties described in paragraph (1).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted as part of the Biggert-Waters Flood Insurance
Reform Act of 2012 (Public Law 112-141; 126 Stat. 916).
SEC. 4. LOCAL CHOICE TO PROTECT HOMEOWNERS.
The National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.)
is amended by inserting after section 1308 the following:
``SEC. 1308A. STATE AND LOCAL GOVERNMENT FLEXIBILITY.
``(a) In General.--The Administrator shall establish a means by
which a State or local government may, on its own accord or in
conjunction with other State or local governments, submit such payments
to the Administrator as are necessary to fully cover the cost of any
premium for any property within the jurisdiction of the State or local
government.
``(b) Risk Premium Rate.--The Administrator shall require that the
amount of any payment from a State or local government under subsection
(a) be consistent with sections 1307 and 1308.''.
SEC. 5. MITIGATION ASSISTANCE FOR HOMEOWNERS.
Section 404 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170c) is amended by adding at the end the
following:
``(f) Special Provision Relating to Flood Mitigation.--
``(1) Definition.--In this subsection, the term `eligible
property' means--
``(A) a property--
``(i) described in paragraph (1) or (2) of
section 1307(g) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4014(g));
``(ii) for which a policy under the flood
insurance program has lapsed in coverage, as a
result of the deliberate choice of the holder
of such policy, as described in paragraph (3)
of section 1307(g) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4014(g)); or
``(iii) with respect to which a prospective
insured refuses to accept any offer for
mitigation assistance by the Administrator of
the Federal Emergency Management Agency
(including an offer to relocate), as described
in paragraph (4) of section 1307(g) of the
National Flood Insurance Act of 1968 (42 U.S.C.
4014(g)); and
``(B) a property for which the risk premium rate
for flood insurance coverage under the National Flood
Insurance Program increases under section 1308(h) of
the National Flood Insurance Act of 1968 (42 U.S.C.
4015(h)) on or after July 6, 2012.
``(2) Mitigation against future flooding.--In providing
hazard mitigation assistance under this section in connection
with flooding, the Administrator of the Federal Emergency
Management Agency shall ensure that not less than 25 percent of
the estimated aggregate amount of such assistance provided to a
grant recipient is used to elevate, acquire, or relocate
eligible properties, to the extent that eligible properties
exist within the jurisdiction of the grant recipient.''.
SEC. 6. CONSTRUCTION AND RESTORATION OF FLOOD PROTECTION SYSTEMS.
(a) Adequate Progress on Construction of Flood Protection
Systems.--Section 1307(e) of the National Flood Insurance Act of 1968
(42 U.S.C. 4014(e)) is amended by inserting after the second sentence
the following: ``Notwithstanding any other provision of law, in
determining whether a community has made adequate progress on the
construction, reconstruction, or improvement of a flood protection
system, the Administrator shall not consider the level of Federal
funding of or participation in the construction, reconstruction, or
improvement.''.
(b) Communities Restoring Disaccredited Flood Protection Systems.--
Section 1307(f) of the National Flood Insurance Act of 1968 (42 U.S.C.
4014(f)) is amended in the first sentence by striking ``no longer does
so.'' and inserting the following: ``no longer does so, and shall apply
without regard to the level of Federal funding of or participation in
the construction, reconstruction, or improvement of the flood
protection system.''.
SEC. 7. APPROPRIATE CREDIT FOR FLOOD CONTROL STRUCTURES.
Section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C.
4101) is amended by adding at the end the following:
``(k) Actual Protection Provided by Levee Systems.--The
Administrator may not issue a flood insurance rate map or an update to
a flood insurance rate map for an area unless--
``(1) the flood insurance rate map or update adequately
reflects the protection provided by any levee system in the
area against the base flood, regardless of the accreditation
status of the levee system under section 65.10 of title 44,
Code of Federal Regulations, or any successor thereto; or
``(2) the community in which any levee system in the area
is located elects not to provide the data necessary for the
Administrator to issue a flood insurance rate map or update
that adequately reflects the protection provided by the levee
system against the base flood.''. | Responsible Implementation of Flood Insurance Reform Act of 2013 - Amends the National Flood Insurance Act of 1968 to limit the requirements for flood insurance premium rate adjustments to reflect the current risk of flood only to property located in an area participating in the national flood insurance program for which the Administrator of the Federal Emergency Management Agency (FEMA) has published in the Federal Register projected base flood elevations and designations of areas having specified flood hazards on or after December 31, 2013. Increases by 20% annually the flood insurance risk premium rates for certain properties sold on or after enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (July 6, 2012), and which are not subject to a specified 25% per year phase-in, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties within a specified single risk classification. Directs FEMA to establish a means by which a state or local government may submit to FEMA payments to fully cover the cost of any premium for property within its jurisdiction. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct FEMA, in providing hazard mitigation assistance in connection with flooding, to ensure that not less than 25% of the estimated aggregate amount of such assistance is used by a grant recipient to elevate, acquire, or relocate eligible properties within the recipient's jurisdiction. Prohibits FEMA, in determining whether a community has made adequate progress on the construction, reconstruction, or improvement of a flood protection system, from considering the level of federal funding or participation in such efforts. Revises requirements for the availability of flood insurance in a community which FEMA has determined to be in the process of restoring flood protection afforded by a system previously accredited on a Flood Insurance Rate Map as providing 100-year frequency flood protection but no longer does so. Declares that such requirements shall apply without regard to the level of federal funding of or participation in the construction, reconstruction, or improvement of the flood protection system. Prohibits FEMA from issuing a flood insurance rate map, or an update to one, unless: (1) the map or update adequately reflects the protection provided by any levee system in the area against the base flood, regardless of the system's accreditation status; or (2) the community in which any levee system is located elects not to provide the data necessary for FEMA to issue either a map or an update that adequately reflects the protection the system provides against the base flood. | {"src": "billsum_train", "title": "Responsible Implementation of Flood Insurance Reform Act of 2013"} | 1,702 | 532 | 0.585627 | 1.885897 | 0.773065 | 4.737395 | 3.073529 | 0.901261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Spill Dispersant Spraying
Aircraft Act of 1998''.
SEC. 2. AUTHORITY TO SELL AIRCRAFT AND AIRCRAFT PARTS FOR THE PURPOSE
OF DISPERSING OIL SPILLS.
(a) Authority.--(1) Notwithstanding section 202 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 483) and
subject to subsections (b) and (c), the Secretary of Defense may,
during the period beginning October 1, 1998, and ending on September
30, 2002, sell aircraft and aircraft parts referred to in paragraph (2)
to a person or entity that contracts to deliver oil dispersants by air
in order to disperse oil spills.
(2) The aircraft and aircraft parts that may be sold under
paragraph (1) are aircraft and aircraft parts of the Department of
Defense that are determined by the Secretary to be--
(A) excess to the needs of the Department; and
(B) suitable for commercial sale.
(b) Conditions of Sale.--Aircraft and aircraft parts sold under
subsection (a)--
(1) may be used only for oil spill spotting, observation,
dispersant delivery, and any other secondary and commercially
viable use that is not prohibited by this Act and that would
not interfere with the purchaser's primary oil spill response
efforts under an oil spill response plan; and
(2) may not be flown outside of or removed from the United
States except with the approval of the Secretary of Defense for
the purpose of fulfilling an international agreement to assist
in oil spill dispersing efforts, or for other purposes that are
jointly approved by the Secretary of Defense and the Secretary
of Transportation.
(c) Certification by Purchasers.--A person or entity that purchases
an aircraft or aircraft parts from the Secretary of Defense under
subsection (a) shall submit to the Secretary of the Department in which
the Coast Guard is operating a statement in which the person or entity
certifies that--
(1) the overall system to be employed for the delivery and
application of oil spill dispersants has been sufficiently
tested to ensure that the person or entity is capable of
meeting the terms and conditions of an oil spill response plan
that has been approved by the Secretary of the Department in
which the Coast Guard is operating;
(2) the system tests included the use of the purchased
aircraft as modified and outfitted for dispersal purposes; and
(3) the purchased aircraft will not be used for activities
inconsistent with subsection (b).
(d) System Defined.--For purposes of this Act, the term ``system''
means the services, equipment, and personnel through which a person or
entity intends to deliver and apply oil spill dispersants, including
application equipment, dispersant stockpiles, loading tanks, aircraft
maintenance, trained pilots and support personnel, monitoring equipment
and observation or spotter aircraft, and the aircraft and aircraft part
being purchased.
(e) Regulations.--(1) As soon as practicable after the date of
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of Transportation and the Administrator of General
Services, prescribe regulations relating to the sale of aircraft and
aircraft parts under this section.
(2) The regulations shall--
(A) ensure that the sale of the aircraft and aircraft parts
is made at a fair market value as determined by the Secretary
of Defense;
(B) ensure that all persons and entities purchasing
aircraft under subsection (a) comply with the certification
requirement under subsection (c);
(C) establish appropriate means of verifying and enforcing
the use of the aircraft and aircraft parts by the purchaser and
any other user in accordance with the conditions set forth in
subsection (b); and
(D) ensure, to the maximum extent practicable, that the
Secretary of Defense consults with the Administrator of General
Services and with the heads of appropriate Federal departments
and agencies regarding alternative requirements for such
aircraft and aircraft parts.
(f) Additional Terms and Conditions.--The Secretary of Defense may
require such other terms and conditions in connection with each sale of
aircraft and aircraft parts under this section as the Secretary
considers appropriate for such sale. Such terms and conditions shall
meet the requirements of regulations prescribed under subsection (e).
(g) Report.--Not later than March 31, 2002, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on National Security of the House of Representatives
a report on the Secretary's exercise of authority under this section.
The report shall set forth--
(1) the number and type of aircraft sold under the
authority, and the terms and conditions under which the
aircraft were sold;
(2) the persons and entities to which the aircraft were
sold; and
(3) an accounting of the then current use of the aircraft
sold.
(h) Construction.--Nothing in this section may be construed as
affecting the authority of the Administrator of the Federal Aviation
Administration under any other provision of law. | Oil Spill Dispersant Spraying Aircraft Act of 1998 - Authorizes the Secretary of Defense (Secretary), during FY 1998 through 2002, to sell excess Department of Defense aircraft and parts to a person or entity that contracts to deliver oil dispersants by air for the dispersing of oil spills. Provides sale conditions, including a requirement that the purchaser make certain certifications to the Secretary of the department in which the Coast Guard is operating as to the testing of the dispersing system and the proper use of aircraft and parts purchased.
Requires the Secretary to: (1) prescribe sale regulations; and (2) report to the congressional defense committees on such sales. | {"src": "billsum_train", "title": "Oil Spill Dispersant Spraying Aircraft Act of 1998"} | 1,055 | 145 | 0.663739 | 1.911091 | 0.702168 | 3.428571 | 8.15873 | 0.873016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Trade Cooperation Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Close defense cooperation between the United States and
each of the United Kingdom and Australia requires
interoperability among the armed forces.
(2) The need for interoperability must be balanced with the
need for the appropriate and effective regulation of trade in
defense articles and defense services.
(3) The Arms Export Control Act (22 U.S.C. 2751 et seq.)
represents a delegation to the executive branch of the
constitutional power of Congress to regulate commerce with
foreign nations.
(4) Agreements to gain exemption from the International
Traffic in Arms Regulations must be submitted to Congress for
review.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees'' means
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate;
(2) the term ``defense articles'' has the meaning given the
term in section 47 of the Arms Export Control Act (22 U.S.C.
2794);
(3) the term ``defense services'' has the meaning given the
term in section 47 of the Arms Export Control Act (22 U.S.C.
2794); and
(4) the term ``International Traffic in Arms Regulations''
means the regulations maintained under sections 120 through 130
of title 22, Code of Federal Regulations, or any successor
regulations.
SEC. 4. EXCEPTIONS TO BILATERAL AGREEMENT REQUIREMENTS FOR AUSTRALIA
AND THE UNITED KINGDOM.
(a) Exceptions.--Subsection (j) of section 38 of the Arms Export
Control Act (22 U.S.C. 2778) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph (4):
``(4) Exceptions from bilateral agreement requirements.--
``(A) Australia.--Subject to the provisions of the
Defense Trade Cooperation Act of 2003, the requirements
for a bilateral agreement described in paragraph (2)(A)
shall not apply to such a bilateral agreement between
the United States Government and the Government of
Australia with respect to transfers or changes in end
use within Australia of defense items that will remain
subject to the licensing requirements of this Act after
such agreement enters into force.
``(B) United kingdom.--Subject to the provisions of
the Defense Trade Cooperation Act of 2003, the
requirements for a bilateral agreement described in
paragraphs (1)(A)(ii), (2)(A)(i), and (2)(A)(ii) shall
not apply to such a bilateral agreement between the
United States Government and the Government of the
United Kingdom for an exemption from the licensing
requirements of this Act.''.
(b) Conforming Amendment.--Paragraph (2) of such subsection is
amended in the matter preceding subparagraph (A) by striking ``A
bilateral agreement'' and inserting ``Except as provided in paragraph
(4), a bilateral agreement''.
SEC. 5. CERTIFICATIONS FOR THE UNITED KINGDOM AND AUSTRALIA.
Not later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms Regulations
in accordance with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export Control Act
(22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President
shall certify to the appropriate congressional committees that such
agreement--
(1) is in the national interest of the United States and
will not in any way affect the goals and policy of the United
States as outlined in section 1 of the Arms Export Control Act
(22 U.S.C. 2751);
(2) does not adversely affect the ability of the
International Traffic in Arms Regulations to provide consistent
and adequate controls for licensed exports of United States
defense items; and
(3) will not adversely affect the duties or requirements of
the Secretary of State under the Arms Export Control Act.
SEC. 6. NOTIFICATION OF REGULATIONS PERMITTING BILATERAL LICENSING
EXEMPTIONS.
Not later than 30 days before authorizing an exemption from the
licensing requirements of the International Traffic in Arms Regulations
in accordance with any bilateral agreement entered into with the United
Kingdom or Australia under section 38(j) of the Arms Export Control Act
(22 U.S.C. 2778(j)), as amended by section 4 of this Act, the President
shall submit to the appropriate congressional committees the text of
the regulations that authorize such a licensing exemption.
SEC. 7. REPORT ON ISSUES RAISED IN CONSULTATIONS PURSUANT TO BILATERAL
AGREEMENTS WITH AUSTRALIA AND THE UNITED KINGDOM.
Not later than one year after the date of the enactment of this Act
and annually thereafter for each of the following 5 years, the
President shall submit to the appropriate congressional committees a
report on issues raised during the previous year in consultations
conducted under the terms of any bilateral agreement with Australia, or
under the terms of any bilateral agreement with the United Kingdom, for
exemption from the licensing requirements of the Arms Export Control
Act (22 U.S.C. 2751 et seq.). Each report shall contain detailed
information--
(1) on any notifications or consultations between the
United States and the United Kingdom under the terms of any
agreement with the United Kingdom, or between the United States
and Australia under the terms of any agreement with Australia,
concerning the modification, deletion, or addition of defense
items on the United States Munitions List, the United Kingdom
Military List, or the Australian Defense and Strategic Goods
List;
(2) listing all United Kingdom or Australia persons and
entities that have been designated as qualified persons
eligible to receive United States origin defense items exempt
from the licensing requirements of the Arms Export Control Act
under the terms of such agreements, and listing any
modification, deletion, or addition to such lists, pursuant to
the requirements of any agreement with the United Kingdom or
any agreement with Australia;
(3) on consultations or steps taken pursuant to any
agreement with the United Kingdom or any agreement with
Australia concerning cooperation and consultation with either
government on the effectiveness of the defense trade control
systems of such government;
(4) on provisions and procedures undertaken pursuant to--
(A) any agreement with the United Kingdom with
respect to the handling of United States origin defense
items exempt from the licensing requirements of the
Arms Export Control Act by persons and entities
qualified to receive such items in the United Kingdom;
and
(B) any agreement with Australia with respect to
the handling of United States origin defense items
exempt from the licensing requirements of the Arms
Export Control Act by persons and entities qualified to
receive such items in Australia;
(5) on any new understandings, including the text of such
understandings, between the United States and the United
Kingdom concerning retransfer of United States origin defense
items made pursuant to any agreement with the United Kingdom to
gain exemption from the licensing requirements of the Arms
Export Control Act;
(6) on consultations with the Government of the United
Kingdom or the Government of Australia concerning the legal
enforcement of any such agreements;
(7) on United States origin defense items with respect to
which the United States has provided an exception under the
Memorandum of Understanding between the United States and the
United Kingdom and any agreement between the United States and
Australia from the requirement for United States Government re-
export consent that was not provided for under United States
laws and regulations in effect on the date of the enactment of
this Act; and
(8) on any significant concerns that have arisen between
the Government of Australia or the Government of the United
Kingdom and the United States Government concerning any aspect
of any bilateral agreement between such country and the United
States to gain exemption from the licensing requirements of the
Arms Export Control Act.
SEC. 8. SPECIAL REPORTS ON UNAUTHORIZED END-USE OR DIVERSION.
The Secretary of State shall notify the appropriate congressional
committees, in a manner consistent with ongoing efforts to investigate
and bring civil or criminal charges regarding such matters, not later
than 90 days after receiving any credible information regarding the
unauthorized end-use or diversion of United States exports made
pursuant to any agreement with a country to gain exemption from the
licensing requirements of the Arms Export Control Act. Such
notification may be made in classified or unclassified form and shall
include--
(1) a description of the good or service;
(2) the United States origin of the good or service;
(3) the authorized recipient of the good or service;
(4) a detailed description of the unauthorized end-use or
diversion of the good or service, including any knowledge by
the United States exporter of such unauthorized end-use or
diversion;
(5) any enforcement action taken by the Government of the
United States; and
(6) any enforcement action taken by the government of the
recipient nation. | Defense Trade Cooperation Act of 2003 - Amends the Arms Export Control Act (the Act) to make the requirement of a bilateral agreement prior to the transfer of defense articles or services from the United States to a foreign country inapplicable to a bilateral agreement between the United States and the Government of: (1) Australia, with respect to transfers or changes in end use within Australia of defense items that will remain subject to the licensing requirements of the Act after such agreement enters into force; or (2) the United Kingdom, for an exemption from such licensing requirements. Requires the President, at least 30 days before authorizing such an exemption, to certify to the congressional foreign and international relations committees that such an agreement: (1) is in the national interest of the United States; (2) does not adversely affect the ability of the International Traffic in Arms Regulations to provide controls for licensed exports of U.S. defense items; and (3) will not adversely affect the duties or requirements of the Secretary of State under the Act. Directs the President to submit to such committees a text of the regulations that authorize such a licensing exemption.
Requires a report from the President to such committees on licensing requirement exemption issues raised during consultations with respect to the terms of any bilateral agreements with such countries.
Directs the Secretary of State to notify such committees within 90 days after receiving credible information regarding the unauthorized end-use or diversion of U.S. exports made pursuant to any agreement with a country to gain exemption from such licensing requirements. | {"src": "billsum_train", "title": "A bill to provide certain exceptions from requirements for bilateral agreements with Australia and the United Kingdom for exemptions from the International Traffic in Arms Regulations."} | 1,951 | 329 | 0.694644 | 2.164829 | 0.785808 | 4.92517 | 6.265306 | 0.959184 |
SECTION 1. ELIMINATING BARRIERS TO JOBS FOR LOAN ORIGINATORS.
(a) In General.--The S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5101 et seq.) is amended by adding at the end the following:
``SEC. 1518. EMPLOYMENT TRANSITION OF LOAN ORIGINATORS.
``(a) Temporary Authority To Originate Loans for Loan Originators
Moving From a Depository Institution to a Non-Depository Institution.--
``(1) In general.--Upon employment by a State-licensed
mortgage company, an individual who is a registered loan
originator shall be deemed to have temporary authority to act
as a loan originator in an application State for the period
described in paragraph (2) if the individual--
``(A) has not had an application for a loan
originator license denied, or had such a license
revoked or suspended in any governmental jurisdiction;
``(B) has not been subject to or served with a
cease and desist order in any governmental jurisdiction
or as described in section 1514(c);
``(C) has not been convicted of a felony that would
preclude licensure under the law of the application
State;
``(D) has submitted an application to be a State-
licensed loan originator in the application State; and
``(E) was registered in the Nationwide Mortgage
Licensing System and Registry as a loan originator
during the 12-month period preceding the date of
submission of the information required under section
1505(a).
``(2) Period.--The period described in paragraph (1) shall
begin on the date that the individual submits the information
required under section 1505(a) and shall end on the earliest
of--
``(A) the date that the individual withdraws the
application to be a State-licensed loan originator in
the application State;
``(B) the date that the application State denies,
or issues a notice of intent to deny, the application;
``(C) the date that the application State grants a
State license; or
``(D) the date that is 120 days after the date on
which the individual submits the application, if the
application is listed on the Nationwide Mortgage
Licensing System and Registry as incomplete.
``(b) Temporary Authority To Originate Loans for State-Licensed
Loan Originators Moving Interstate.--
``(1) In general.--A State-licensed loan originator shall
be deemed to have temporary authority to act as a loan
originator in an application State for the period described in
paragraph (2) if the State-licensed loan originator--
``(A) meets the requirements of subparagraphs (A),
(B), (C), and (D) of subsection (a)(1);
``(B) is employed by a State-licensed mortgage
company in the application State; and
``(C) was licensed in a State that is not the
application State during the 30-day period preceding
the date of submission of the information required
under section 1505(a) in connection with the
application submitted to the application State.
``(2) Period.--The period described in paragraph (1) shall
begin on the date that the State-licensed loan originator
submits the information required under section 1505(a) in
connection with the application submitted to the application
State and end on the earliest of--
``(A) the date that the State-licensed loan
originator withdraws the application to be a State-
licensed loan originator in the application State;
``(B) the date that the application State denies,
or issues a notice of intent to deny, the application;
``(C) the date that the application State grants a
State license; or
``(D) the date that is 120 days after the date on
which the State-licensed loan originator submits the
application, if the application is listed on the
Nationwide Mortgage Licensing System and Registry as
incomplete.
``(c) Applicability.--
``(1) Any person employing an individual who is deemed to
have temporary authority to act as a loan originator in an
application State pursuant to this section shall be subject to
the requirements of this title and to applicable State law to
the same extent as if such individual was a State-licensed loan
originator licensed by the application State.
``(2) Any individual who is deemed to have temporary
authority to act as a loan originator in an application State
pursuant to this section and who engages in residential
mortgage loan origination activities shall be subject to the
requirements of this title and to applicable State law to the
same extent as if such individual was a State-licensed loan
originator licensed by the application State.
``(d) Definitions.--In this section, the following definitions
shall apply:
``(1) State-licensed mortgage company.--The term `State-
licensed mortgage company' means an entity licensed or
registered under the law of any State to engage in residential
mortgage loan origination and processing activities.
``(2) Application state.--The term `application State'
means a State in which a registered loan originator or a State-
licensed loan originator seeks to be licensed.''.
(b) Table of Contents Amendment.--The table of contents in section
1(b) of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 4501
note) is amended by inserting after the item relating to section 1517
the following:
``Sec. 1518. Employment transition of loan originators.''.
SEC. 2. AMENDMENT TO CIVIL LIABILITY OF THE BUREAU AND OTHER OFFICIALS.
Section 1513 of the S.A.F.E. Mortgage Licensing Act of 2008 (12
U.S.C. 5112) is amended by striking ``are loan originators or are
applying for licensing or registration as loan originators.'' and
inserting ``have applied, are applying, or are currently licensed or
registered through the Nationwide Mortgage Licensing System and
Registry. The previous sentence shall only apply to persons in an
industry with respect to which persons were licensed or registered
through the Nationwide Mortgage Licensing System and Registry on the
date of the enactment of this sentence.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 18 months after the date of the enactment of this Act. | . (Sec. 1) This bill amends the S.A.F.E. Mortgage Licensing Act of 2008 to temporarily allow loan originators that meet specified requirements to continue to originate loans after moving: (1) from one state to another, or (2) from a depository institution to a non-depository institution. (Sec. 2) The bill revises the Act's civil liability immunity provisions. | {"src": "billsum_train", "title": "To amend the S.A.F.E. Mortgage Licensing Act of 2008 to provide a temporary license for loan originators transitioning between employers, and for other purposes."} | 1,481 | 99 | 0.456336 | 1.233492 | 0.969976 | 2.805556 | 17.986111 | 0.777778 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inflation Tax Relief Act of 1993''.
SEC. 2. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING GAIN OR
LOSS.
(a) In General.--Part II of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to basis rules of general
application) is amended by inserting after section 1021 the following
new section:
``SEC. 1022. INDEXING OF CERTAIN ASSETS FOR PURPOSES OF DETERMINING
GAIN OR LOSS.
``(a) General Rule.--
``(1) Indexed basis substituted for adjusted basis.--Except
as provided in paragraph (2), if an indexed asset which has
been held for more than 1 year is sold or otherwise disposed
of, for purposes of this title the indexed basis of the asset
shall be substituted for its adjusted basis.
``(2) Exception for depreciation, etc.--The deduction for
depreciation, depletion, and amortization shall be determined
without regard to the application of paragraph (1) to the
taxpayer or any other person.
``(b) Indexed Asset.--
``(1) In general.--For purposes of this section, the term
`indexed asset' means--
``(A) stock in a corporation, and
``(B) tangible property (or any interest therein),
which is a capital asset or property used in the trade
or business (as defined in section 1231(b)).
``(2) Certain property excluded.--For purposes of this
section, the term `indexed asset' does not include--
``(A) Creditor's interest.--Any interest in
property which is in the nature of a creditor's
interest.
``(B) Options.--Any option or other right to
acquire an interest in property.
``(C) Net lease property.--In the case of a lessor,
net lease property (within the meaning of subsection
(h)(1)).
``(D) Certain preferred stock.--Stock which is
fixed and preferred as to dividends and does not
participate in corporate growth to any significant
extent.
``(E) Stock in foreign corporations.--Stock in a
foreign corporation.
``(3) Exception for stock in foreign corporation which is
regularly traded on national or regional exchange.--Paragraph
(2)(E) shall not apply to stock in a foreign corporation the
stock of which is listed on the New York Stock Exchange, the
American Stock Exchange, or any domestic regional exchange for
which quotations are published on a regular basis other than--
``(A) stock of a foreign investment company (within
the meaning of section 1246(b)), and
``(B) stock in a foreign corporation held by a
United States person who meets the requirements of
section 1248(a)(2).
``(c) Indexed Basis.--For purposes of this section--
``(1) Indexed basis.--The indexed basis for any asset is--
``(A) the adjusted basis of the asset, multiplied
by
``(B) the applicable inflation ratio.
``(2) Applicable inflation ratio.--The applicable inflation
ratio for any asset is the percentage arrived at by dividing--
``(A) the gross national product deflator the
calendar quarter in which the disposition takes place,
by
``(B) the gross national product deflator for the
calendar quarter in which the asset was acquired by the
taxpayer (or, if later, the calendar quarter ending
December 31, 1991).
The applicable inflation ratio shall not be taken into account
unless it is greater than 1. The applicable inflation ratio for
any asset shall be rounded to the nearest one-tenth of 1
percent.
``(3) Gross national product deflator.--The gross national
product deflator for any calendar quarter is the implicit price
deflator for the gross national product for such quarter (as
shown in the first revision thereof).
``(d) Special Rules.--For purposes of this section--
``(1) Treatment as separate asset.--In the case of any
asset, the following shall be treated as a separate asset:
``(A) a substantial improvement to property,
``(B) in the case of stock of a corporation, a
substantial contribution to capital, and
``(C) any other portion of an asset to the extent
that separate treatment of such portion is appropriate
to carry out the purposes of this section.
``(2) Assets which are not indexed assets throughout
holding period.--
``(A) In general.--The applicable inflation ratio
shall be appropriately reduced for calendar months at
any time during which the asset was not an indexed
asset.
``(B) Certain short sales.--For purposes of
applying subparagraph (A), an asset shall be treated as
not an indexed asset for any short sale period during
which the taxpayer or the taxpayer's spouse sells short
property substantially identical to the asset. For
purposes of the preceding sentence, the short sale
period begins on the day after the substantially
identical property is sold and ends on the closing date
for the sale.
``(3) Treatment of certain distributions.--A distribution
with respect to stock in a corporation which is not a dividend
shall be treated as a disposition.
``(4) Section cannot increase ordinary loss.--To the extent
that (but for this paragraph) this section would create or
increase a net ordinary loss to which section 1231(a)(2)
applies or an ordinary loss to which any other provision of
this title applies, such provision shall not apply. The
taxpayer shall be treated as having a long-term capital loss in
an amount equal to the amount of the ordinary loss to which the
preceding sentence applies.
``(5) Acquisition date where there has been prior
application of subsection (a)(1) with respect to the
taxpayer.--If there has been a prior application of subsection
(a)(1) to an asset while such asset was held by the taxpayer,
the date of acquisition of such asset by the taxpayer shall be
treated as not earlier than the date of the most recent such
prior application.
``(6) Collapsible corporations.--The application of section
341(a) (relating to collapsible corporations) shall be
determined without regard to this section.
``(e) Certain Conduit Entities.--
``(1) Regulated investment companies; real estate
investment trusts; common trust funds.--
``(A) In general.--Stock in a qualified investment
entity shall be an indexed asset for any calendar month
in the same ratio as the fair market value of the
assets held by such entity at the close of such month
which are indexed assets bears to the fair market value
of all assets of such entity at the close of such
month.
``(B) Ratio of 90 percent or more.--If the ratio
for any calendar month determined under subparagraph
(A) would (but for this subparagraph) be 90 percent or
more, such ratio for such month shall be 100 percent.
``(C) Ratio of 10 percent or less.--If the ratio
for any calendar month determined under subparagraph
(A) would (but for this subparagraph) be 10 percent or
less, such ratio for such month shall be zero.
``(D) Valuation of assets in case of real estate
investment trusts.--Nothing in this paragraph shall
require a real estate investment trust to value its
assets more frequently than once each 36 months (except
where such trust ceases to exist). The ratio under
subparagraph (A) for any calendar month for which there
is no valuation shall be the trustee's good faith
judgment as to such valuation.
``(E) Qualified investment entity.--For purposes of
this paragraph, the term `qualified investment entity'
means--
``(i) a regulated investment company
(within the meaning of section 851),
``(ii) a real estate investment trust
(within the meaning of section 856), and
``(iii) a common trust fund (within the
meaning of section 584).
``(2) Partnerships.--In the case of a partnership, the
adjustment made under subsection (a) at the partnership level
shall be passed through to the partners.
``(f) Dispositions Between Related Persons.--
``(1) In general.--This section shall not apply to any sale
or other disposition of property between related persons except
to the extent that the basis of such property in the hands of
the transferee is a substituted basis.
``(2) Related persons defined.--For purposes of this
section, the term `related persons' means--
``(A) persons bearing a relationship set forth in
section 267(b), and
``(B) persons treated as single employer under
subsection (b) or (c) of section 414.
``(g) Transfers To Increase Indexing Adjustment.--If any person
transfers cash, debt, or any other property to another person and the
principal purpose of such transfer is to secure or increase an
adjustment under subsection (a), the Secretary may disallow part or all
of such adjustment or increase.
``(h) Definitions.--For purposes of this section--
``(1) Net lease property defined.--The term `net lease
property' means leased real property where--
``(A) the term of the lease (taking into account
options to renew) was 50 percent or more of the useful
life of the property, and
``(B) for the period of the lease, the sum of the
deductions with respect to such property which are
allowable to the lessor solely by reason of section 162
(other than rents and reimbursed amounts with respect
to such property) is 15 percent or less of the rental
income produced by such property.
``(2) Stock includes interest in common trust fund.--The
term `stock in a corporation' includes any interest in a common
trust fund (as defined in section 584(a)).
``(i) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''
(b) Clerical Amendment.--The table of sections for part II of
subchapter O of such chapter 1 is amended by inserting after the item
relating to section 1021 the following new item:
``Sec. 1022. Indexing of certain assets
for purposes of determining
gain or loss.''
(c) Adjustment To Apply for Purposes of Determining Earnings and
Profits.--Subsection (f) of section 312 (relating to effect on earnings
and profits of gain or loss and of receipt of tax-free distributions)
is amended by adding at the end thereof the following new paragraph:
``(3) Effect on earnings and profits of indexed basis.--
For substitution of indexed basis for
adjusted basis in the case of the disposition of certain assets after
December 31, 1991 see section 1022(a)(1).''
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall apply to dispositions after
December 31, 1993, in taxable years ending after such date. | Inflation Tax Relief Act of 1993 - Amends the Internal Revenue Code to require indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. | {"src": "billsum_train", "title": "Inflation Tax Relief Act of 1993"} | 2,493 | 93 | 0.492211 | 1.165059 | 0.912462 | 2.43038 | 28.772152 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Deployment Health Research
Act of 2000''.
TITLE I--NATIONAL CENTER FOR MILITARY DEPLOYMENT HEALTH RESEARCH.
SEC. 101. ESTABLISHMENT OF NATIONAL CENTER.
(a) Establishment.--There is established in the executive branch of
the Government an agency to be known as the National Center for
Military Deployment Health Research (hereinafter in this title referred
to as the ``Center''). The Center shall, in accordance with this title,
coordinate and conduct private and public research on deployment-
related health issues of members of the Armed Forces, veterans, and
their families.
(b) Reporting.--(1) The Center shall be under the auspices of, and
shall report to, the Military and Veterans Health Coordinating Board
established on November 11, 1998, by Presidential Review Directive 5.
(2) The provisions of that directive as in effect on the date of
the enactment of this Act shall remain in effect unless changed by law.
(3) The Research Working Group of that Board, as in effect on the
date of the enactment of this Act, shall be disestablished, and the
functions of that group shall be assumed by the Center.
SEC. 102. GOVERNING BOARD.
(a) Establishment of Governing Board.--The Center shall be under
the direction of a Governing Board. The Governing Board shall consist
of 21 members, appointed as follows:
(1) Twelve members appointed by the President, of whom--
(A) six shall be appointed from persons who, by
reason of training, experience, and education, have
qualifications in the fields of research to be
considered by the Board; and
(B) six shall be appointed from the general
population, including persons representing the
interests of veterans and their families and the
general public.
(2) Three members appointed by the Secretary of Veterans
Affairs from officers and employees of the Department of
Veterans Affairs.
(3) Three members appointed by the Secretary of Defense
from officers and employees of the Department of Defense and
members of the Armed Forces.
(4) Three members appointed by the Secretary of Health and
Human Services from officers and employees of the Department of
Health and Human Services.
(b) Recommendations by Independent Scientific Entity.--The
President shall designate an independent scientific entity to make
recommendations for appointments under paragraph (1) of subsection (a).
When making such recommendations, the entity shall recommend twice the
number of candidates as there are positions available.
(c) Terms.--Persons appointed to the Governing Board under
paragraph (1) of subsection (a) shall serve for a term of three years,
except that, of the persons initially appointed--
(1) pursuant to subsection (a)(1)(A), two shall be
appointed for a term of one year, and two shall be appointed
for a term of two years;
(2) pursuant to subsection (a)(1)(B), two shall be
appointed for a term of one year, and two shall be appointed
for a term of two years;
(3) pursuant to subsection (a)(2), one shall be appointed
for a term of one year, and one shall be appointed for a term
of two years;
(4) pursuant to subsection (a)(3), one shall be appointed
for a term of one year, and one shall be appointed for a term
of two years; and
(5) pursuant to subsection (a)(4), one shall be appointed
for a term of one year, and one shall be appointed for a term
of two years.
(d) Pay.--Persons appointed to the Governing Board under paragraph
(1) of subsection (a) shall receive pay at the rate of basic pay
payable for level IV of the Executive Schedule. Persons appointed to
the Governing Board under paragraph (2), (3), or (4) of subsection (a)
shall receive no additional compensation by reason of service on the
board.
(e) Chair of the Governing Board.--The President shall designate
one of the members of the Governing Board to chair the Board.
(f) Meetings.--The Governing Board shall meet on the call of the
chair of the Board or a majority of the members of the Board.
(g) Functions.--The functions of the Governing Board shall be as
follows:
(1) Development of a coordinated research agenda.
(2) Commissioning of new research.
(3) Creation of policies for the conduct and dissemination
of research by the Center, other Federal entities, and non-
Federal entities in matters relating to deployment-related
health issues of members of the Armed Forces, veterans, and
their families, including policies to minimize research duplication.
(4) Evaluation of the results of research described in
paragraph (3).
(5) Development of policy recommendations that emerge from
that research.
(6) Communication of the results of the research described
in paragraph (3) to the medical community and patients with
deployment-related health issues.
(h) Director.--The Governing Board shall select a Director for the
Center, who shall receive pay at the rate of basic pay payable for
level III of the Executive Schedule.
SEC. 103. RESEARCH NETWORK.
(a) In General.--The Center shall coordinate and conduct research
activities relating to deployment-related health issues of members of
the Armed Forces, veterans, and their families. The Center's research
activities shall include (1) activities with respect to Federal
research programs, and (2) Center-initiated research.
(b) Federal Research Programs.--(1) The Center shall conduct and
maintain an inventory of research programs relating to deployment-
related health issues carried out by the Secretary of Defense, the
Secretary of Veterans Affairs, the Secretary of Health and Human
Services, and other Federal officials.
(2) The Center shall consult with, and seek the advice of, other
federally sponsored researchers (both intramural and extramural) in
developing the Center's research agenda.
(c) Center-Initiated Research.--(1) The Center shall conduct a
broad-based research program into deployment-related health issues. As
part of that program, the Center may, from funds appropriated for that
purpose, make grants for research into deployment-related health
issues. Any such grant shall be made based upon issuance of a Request
for Applications or a Request for Proposals. Applications and proposals
shall be assessed through a peer-review process, which shall, to the
extent possible, be carried out by the National Institutes of Health.
(2) In conducting such research, the Center shall solicit proposals
from other Federal agencies, from universities, and from other research
sites.
(3) In awarding contracts for research, the Center shall seek to
establish a network of research sites at academic medical centers,
university-wide research facilities, and other appropriate sources.
(d) Core Research Principles.--Center-initiated research shall be
conducted using the following core set of principles:
(1) Use of a scientific peer-review process for all
research.
(2) Dissemination of research results to the scientific
community through conventional venues of scientific
communication.
(3) Encouragement of interagency, interdepartmental, and
Federal-academic collaboration.
SEC. 104. CORE FUNCTIONS.
The Center shall carry out the following core functions:
(1) Research coordination and setting of priorities.
(2) Synthesis of research for the purpose of developing
policy recommendations.
(3) Review and analysis of longitudinal monitoring of
deployment-related health of veterans.
(4) Facilitating the use of national data resources for
research activities relating to deployment-related health
issues.
(5) Communication of the results of such research
activities to the medical community and patients with
deployment-related health issues.
SEC. 105. ANNUAL REPORT; BUDGET.
(a) Annual Report.--The Governing Board for the Center shall submit
to Congress an annual report on the activities of the Center. The
report shall include--
(1) a description of the activities of the Center during
the preceding year; and
(2) a detailed description of the proposed budget for the
Center for the next fiscal year.
(b) Budget.--Funds shall be provided for the Center for each fiscal
year in a discrete appropriation. Amounts appropriated for the Center
for the core functions of the Center and for Center-initiated research
shall be set forth separately.
SEC. 106. DEPLOYMENT-RELATED HEALTH ISSUES DEFINED.
For purposes of this title, the term ``deployment-related health
issues'' includes the following:
(1) Issues relating to injuries and illnesses to members of
the Armed Forces during deployment resulting from combat,
training, infectious diseases, and environmental exposures.
(2) Conditions that emerge during or following deployment,
including--
(A) diagnosable conditions;
(B) medically unexplained symptoms (both physical
and mental);
(C) effects on health-related quality of life;
(D) family impacts; and
(E) sequelae of combat injuries.
(3) Conditions arising from inoculations before deployment
that are intended to provide protection from conditions that
could be encountered during deployment.
TITLE II--CENTERS FOR RESEARCH ON POST-DEPLOYMENT ILLNESSES IN
DEPARTMENT OF VETERANS AFFAIRS.
SEC. 201. ESTABLISHMENT OF CENTERS
(a) In General.--(1) Chapter 73 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 7323. Centers for research on post-deployment illnesses
``(a) The Secretary shall establish and operate centers for
research, education, and clinical activities related to post-deployment
illnesses. Such centers shall be known as `National Centers for
Military Post-Deployment Illness Research'. Such centers shall be
established and operated by collaborating Department facilities as
provided in subsection (c)(1).
``(2) For purposes of this section and section 7324 of this title,
the term `post-deployment illness' means any health condition being
currently studied or that will be studied that has (or that may have)
an association to or relation to a military deployment mission,
including a peacekeeping mission.
``(3) Each such center shall function as a center for--
``(A) research on post-deployment illnesses;
``(B) the use by the Department of specific models for
furnishing services to treat post-deployment illnesses;
``(C) education and training of health-care professionals of
the Department; and
``(D) the development and implementation of innovative
clinical activities and systems of care with respect to the
delivery of such services by the Department.
``(4) The Secretary shall provide for the research conducted by
such centers to be compiled and transmitted to a centrally located
coordinating center.
``(b)(1) The Secretary shall, upon the recommendation of the Under
Secretary for Health, the Secretary of Defense, and the Secretary of
Health and Human Services, designate not more than 25 centers under
this section. In making such designations, the Secretary shall ensure
that the centers designated are located in various geographic regions
of the United States.
(2) The authority of the Secretary to establish and operate centers
under this section is subject to the appropriation of funds for that
purpose.
``(c) The Secretary may not designate a health-care facility as a
location for a center under subsection (a) unless the peer review panel
established under subsection (d) has determined under that subsection
that the proposal submitted by such facility as a location for a new
center under subsection (a) is among those proposals which have met the
highest competitive standards of scientific and clinical merit, and the
Secretary (upon the recommendation of the Under Secretary for Health)
determines that the facility has (or may reasonably be anticipated to
develop) each of the following:
``(1) An arrangement with an accredited medical school
which provides education and training in post-deployment
illnesses and with which such facility is affiliated under
which residents receive education and training in post-
deployment illnesses.
``(2) An arrangement under which nursing or allied health
personnel receive training and education in post-deployment
illnesses.
``(3) The ability to attract the participation of
scientists who are capable of ingenuity and creativity in
health-care research efforts.
``(4) A policymaking advisory committee composed of
appropriate health-care and research representatives of the
facility and of the affiliated school or schools to advise the
directors of such facility and such center on policy matters
pertaining to the activities of such center during the period
of the operation of such center.
``(5) The capability to conduct effectively evaluations of
the activities of such center.
``(d)(1) In order to provide advice to assist the Secretary and the
Under Secretary for Health in carrying out their responsibilities under
this section, the Under Secretary shall establish a panel to assess the
scientific and clinical merit of proposals that are submitted to the
Secretary for the establishment of new centers under this section.
``(2) The membership of the panel shall consist of experts in the
fields of post-deployment illnesses research, education, and clinical
care. Members of the panel shall serve as consultants to the Department
for a period of no longer than six months.
``(3) The panel shall review each proposal submitted to the panel
by the Under Secretary and shall submit its views on the relative
scientific and clinical merit of each such proposal to the Under
Secretary.
``(4) The panel shall not be subject to the Federal Advisory
Committee Act.
``(e) There are authorized to be appropriated such sums as may be
necessary for the support of the research, treatment, and education
activities of the centers established pursuant to subsection (a). The
Under Secretary for Health shall allocate to such centers from other
funds appropriated generally for the Department medical care account
and medical and prosthetics research account, as appropriate, such
amounts as the Under Secretary for Health determines appropriate.
``(f) Activities of clinical and scientific investigation at each
center established under subsection (a) shall be eligible to compete
for the award of funding from funds appropriated for the Department
medical and prosthetics research account and shall receive priority in
the award of funding from such account insofar as funds are awarded to
projects for research in post-deployment illnesses.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``7323. Centers for research on post-deployment illnesses.''. | Title II: Centers for Research on Post-Deployment Illnesses in Department of Veterans Affairs
- Directs the Secretary of Veterans Affairs to establish and operate centers for research, education, and clinical activities related to post-deployment illnesses, designating such centers as National Centers for Military Post-Deployment Illness Research. Defines a "post-deployment illness" as one having an association or relation to a military mission, including a peacekeeping mission. Allows the designation of no more than 25 centers, and requires geographical diversity of such centers. Requires the Under Secretary for Health of the Department of Veterans Affairs to establish a peer review panel to assess the scientific and clinical merit of proposals submitted for center designation.
Authorizes appropriations. | {"src": "billsum_train", "title": "Military Deployment Health Research Act of 2000"} | 3,143 | 174 | 0.49972 | 1.378864 | 0.840231 | 3.846715 | 22.20438 | 0.883212 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notification of Origin of
Telecommunications and Internet Consumer Exchanges Act of 2011'' or the
``NOTICE Act of 2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Business entity.--The term ``business entity'' means
any organization, corporation, trust, partnership, sole
proprietorship, unincorporated association, or venture
established to make a profit, in whole or in part, by
purposefully availing itself of the privilege of conducting
commerce in the United States.
(2) Commerce.--The term ``commerce'' has the meaning given
the term in section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052(a)).
(3) Consumer.--The term ``consumer'' means any individual
within the territorial jurisdiction of the United States who
purchases, transacts, or contracts for the purchase or
transaction of any goods, merchandise, or services, not for
resale in the ordinary course of the individual's trade or
business, but for the individual's use or that of a member of
the individual's household.
(4) Customer service communication.--The term ``customer
service communication'' means any telecommunication or wire
communication between a consumer and a business entity in
furtherance of commerce.
(5) Telecommunication.--The term ``telecommunication''
means the transmission, between or among points specified by
the communicator, of information of the communicator's
choosing, without change in the form or content of the
information as sent and received.
(6) Wire communication.--The term ``wire communication'' or
``communication by wire'' means the transmission of writing,
signs, signals, pictures, and sounds of all kinds by aid of
wire, cable, or other like connection between the points of
origin and reception of such transmission, including all
instrumentalities, facilities, apparatus, and services (among
other things, the receipt, forwarding, and delivery of
communications) incidental to such transmission.
SEC. 3. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER
SERVICE COMMUNICATIONS OF PHYSICAL LOCATION.
(a) In General.--Except as provided in subsection (b), a business
entity that either initiates or receives a customer service
communication shall require that each of its employees or agents
participating in the communication disclose their physical location at
the beginning of each customer service communication so initiated or
received.
(b) Exceptions.--
(1) Business entities located in the united states.--The
requirements of subsection (a) shall not apply to a customer
service communication involving a business entity if all of the
employees or agents of the business entity participating in
such communication are physically located in the United States.
(2) Communication initiated by consumer knowingly to
foreign entity or address.--The requirements of subsection (a)
shall not apply to an employee or agent of a business entity
participating in a customer service communication with a
consumer if--
(A) the customer service communication was
initiated by the consumer;
(B) the employee or agent is physically located
outside the United States; and
(C) the consumer knows or reasonably should know
that the employee or agent is physically located
outside the United States.
(3) Emergency services.--The requirements of subsection (a)
shall not apply to a customer service communication relating to
the provision of emergency services (as defined by the Federal
Trade Commission).
(4) Business entities and customer service communications
excluded by federal trade commission.--The Federal Trade
Commission may exclude certain classes or types of business
entities or customer service communications from the
requirements of subsection (a) if the Commission finds
exceptionally compelling circumstances that justify such
exclusion.
(c) Certification Requirement.--Each year, each business entity
that participates in a customer service communication shall certify to
the Federal Trade Commission that it has complied or failed to comply
with the requirements of subsection (a).
(d) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
such regulations as may be necessary to carry out the provisions of
this Act.
(e) Effective Date.--The requirements of subsection (a) shall apply
with respect to customer service communications occurring on or after
the date that is 1 year after the date of the enactment of this Act.
SEC. 4. ENFORCEMENT.
(a) In General.--Any failure to comply with the provisions of
section 3 shall be treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(b) Powers of Federal Trade Commission.--
(1) In general.--The Federal Trade Commission shall prevent
any person from violating this Act, and any regulation
promulgated thereunder, in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though
all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this Act.
(2) Penalties.--Any person who violates regulations
promulgated under this Act shall be subject to the penalties
and entitled to the privileges and immunities provided in the
Federal Trade Commission Act in the same manner, by the same
means, and with the same jurisdiction, power, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made part of this
Act.
(c) Authority Preserved.--Nothing in this Act shall be construed to
limit the authority of the Federal Trade Commission under any other
provision of law. | Notification of Origin of Telecommunications and Internet Consumer Exchanges Act of 2011 or the NOTICE Act of 2011 - Requires a business entity that initiates or receives a customer service communication to require each of its employees or agents participating in the communication to disclose their physical location at the beginning of each such communication unless all involved employees or agents are located in the United States. Exempts any communication: (1) initiated by a consumer if the consumer knows or reasonably should know that the employee or agent is located outside the United States; or (2) related to the provision of emergency services.
Authorizes the Federal Trade Commission (FTC) to exclude certain classes or types of business entities or customer services communications from the requirements of this Act for exceptionally compelling circumstances that justify such exclusions. Sets forth enforcement provisions. | {"src": "billsum_train", "title": "A bill to require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes."} | 1,284 | 173 | 0.560251 | 1.572325 | 0.8044 | 3.830065 | 7.490196 | 0.928105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsive Government Act of 2008''.
SEC. 2. EMERGENCY AUTHORITY TO DELAY OR TOLL JUDICIAL PROCEEDINGS.
(a) In General.--Chapter 111 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1660. Emergency authority to delay or toll judicial deadlines
``(a) Tolling in District Courts.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of courts or
rendering it impracticable for the United States Government or
a class of litigants to comply with deadlines imposed by any
Federal or State law or rule that applies in the courts of the
United States, the chief judge of a district court that has
been affected may exercise emergency authority in accordance
with this section.
``(2) Scope of authority.--(A) The chief judge may enter
such order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending or thereafter filed
in the district court or bankruptcy court of the district.
``(B) Except as provided in subparagraph (C), the authority
conferred by this section extends to all laws and rules
affecting criminal and juvenile proceedings (including,
prearrest, post-arrest, pretrial, trial, and post-trial
procedures), civil actions, bankruptcy proceedings, and the
time for filing and perfecting an appeal.
``(C) The authority conferred by this section does not
include the authority to extend--
``(i) any statute of limitation for a criminal
action; or
``(ii) any statute of limitation for a civil
action, if--
``(I) the claim arises under the laws of a
State; and
``(II) extending the limitations period
would be inconsistent with the governing State
law.
``(3) Unavailability of chief judge.--If the chief judge of
the district is unavailable, the authority conferred by this
section may be exercised by the district judge in regular
active service who is senior in commission or, if no such judge
is available, by the chief judge of the circuit that includes
the district.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(b) Criminal Cases.--In exercising the authority under subsection
(a) for criminal cases, the court shall consider the ability of the
United States Government to investigate, litigate, and process
defendants during and after the emergency situation, as well as the
ability of criminal defendants as a class to prepare their defenses.
``(c) Tolling in Courts of Appeals.--
``(1) In general.--In the event of a natural disaster or
other emergency situation requiring the closure of courts or
rendering it impracticable for the United States Government or
a class of litigants to comply with deadlines imposed by any
Federal or State law or rule that applies in the courts of the
United States, the chief judge of a court of appeals that has
been affected or that includes a district court so affected may
exercise emergency authority in accordance with this section.
``(2) Scope of authority.--The chief judge may enter such
order or orders as may be appropriate to delay, toll, or
otherwise grant relief from the time deadlines imposed by
otherwise applicable laws or rules for such period as may be
appropriate for any class of cases pending in the court of
appeals.
``(3) Unavailability of chief judge.--If the chief judge of
the circuit is unavailable, the authority conferred by this
section may be exercised by the circuit judge in regular active
service who is senior in commission.
``(4) Habeas corpus unaffected.--Nothing in this section
shall be construed to authorize suspension of the writ of
habeas corpus.
``(d) Issuance of Orders.--The Attorney General or the Attorney
General's designee may request issuance of an order under this section,
or the chief judge of a district or of a circuit may act on his or her
own motion.
``(e) Duration of Orders.--An order entered under this section may
not toll or extend a time deadline for a period of more than 14 days,
except that, if the chief judge (whether of a district or of a circuit)
determines that an emergency situation requires additional extensions
of the period during which deadlines are tolled or extended, the chief
judge may, with the consent of the judicial council of the circuit,
enter additional orders under this section in order to further toll or
extend such time deadline.
``(f) Notice.--A court issuing an order under this section--
``(1) shall make all reasonable efforts to publicize the
order, including announcing the order on the web sites of all
affected courts and the web site of the Federal judiciary; and
``(2) shall, through the Director of the Administrative
Office of the United States Courts, send notice of the order,
including the reasons for the issuance of the order, to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
``(g) Required Reports.--A court issuing one or more orders under
this section relating to an emergency situation shall, not later than
180 days after the date on which the last extension or tolling of a
time period made by the order or orders ends, submit a brief report to
the Committee on the Judiciary of the Senate, the Committee on the
Judiciary of the House of Representatives, and the Judicial Conference
of the United States describing the orders, including--
``(1) the reasons for issuing the orders;
``(2) the duration of the orders;
``(3) the effects of the orders on litigants; and
``(4) the costs to the judiciary resulting from the orders.
``(h) Exceptions.--The notice under subsection (f)(2) and the
report under subsection (g) are not required in the case of an order
that tolls or extends a time deadline for a period of less than 14
days.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 111 of title 28, United States Code, is amended by adding at
the end the following new item:
``1660. Emergency authority to delay or toll judicial deadlines.''.
SEC. 3. WAIVER OF PATENT AND TRADEMARK REQUIREMENTS IN CERTAIN
EMERGENCIES.
Section 2 of title 35, United States Code, is amended by adding at
the end the following new subsection:
``(e) Waiver of Requirements in Certain Emergencies.--The Director
may waive statutory provisions governing the filing, processing,
renewal, and maintenance of patents, trademark registrations, and
applications therefor to the extent the Director considers necessary in
order to protect the rights and privileges of applicants and other
persons affected by an emergency or a major disaster, as those terms
are defined in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122). A decision not to
exercise, or a failure to exercise, the waiver authority provided by
this subsection shall not be subject to judicial review.''.
SEC. 4. AUTHORITY OF DIRECTOR OF PTO TO ACCEPT LATE FILINGS.
(a) Authority.--Section 156 of title 35, United States Code, is
amended by adding at the end the following new subsection:
``(i) Discretion to Accept Late Filings in Certain Cases of
Unintentional Delay.--
``(1) In general.--The Director may accept an application
under this section that is filed not later than three business
days after the expiration of the 60-day period provided in
subsection (d)(1) if the applicant files a petition, not later
than five business days after the expiration of that 60-day
period, showing, to the satisfaction of the Director, that the
delay in filing the application was unintentional.
``(2) Treatment of director's actions on petition.--If the
Director has not made a determination on a petition filed under
paragraph (1) within 60 days after the date on which the
petition is filed, the petition shall be deemed to be denied. A
decision by the Director to exercise or not to exercise, or a
failure to exercise, the discretion provided by this subsection
shall not be subject to judicial review.''
(b) Fee for Late Filings.--
(1) In general.--In order to effect a patent term extension
under section 156(i) of title 35, United States Code, the
patent holder shall pay a fee to the United States Treasury in
the amount prescribed under paragraph (2).
(2) Fee amount.--
(A) Fee amount.--The patent holder shall pay a fee
equal to--
(i) $65,000,000 with respect to any
original application for a patent term
extension, filed with the United States Patent
and Trademark Office before the date of the
enactment of this Act, for a drug intended for
use in humans that is in the anticoagulant
class of drugs; or
(ii) the amount estimated under
subparagraph (B) with respect to any other
original application for a patent term
extension.
(B) Calculation of alternate amount.--The Director
shall estimate the amount referred to in subparagraph
(A)(ii) as the amount equal to the sum of--
(i) any net increase in direct spending
arising from the extension of the patent term
(including direct spending of the United States
Patent and Trademark Office and any other
department or agency of the Federal
Government);
(ii) any net decrease in revenues arising
from such patent term extension; and
(iii) any indirect reduction in revenues
associated with payment of the fee under this
subsection.
The Director, in estimating the amount under this
subparagraph, shall consult with the Director of the
Office of Management and Budget, the Secretary of the
Treasury, and either the Secretary of Health and Human
Services or (in the case of a drug product subject to
the Act commonly referred to as the ``Virus-Serum-Toxin
Act''; 21 U.S.C. 151-158) the Secretary of Agriculture.
(3) Notice of fee.--The Director shall inform the patent
holder of the fee determined under paragraph (2) at the time
the Director provides notice to the patent holder of the period
of extension of the patent term that the patent holder may
effect under this subsection.
(4) Acceptance required.--Unless, within 15 days after the
Director provides notice to the patent holder under paragraph
(3), the patent holder accepts the patent term extension in
writing to the Director, the patent term extension is rescinded
and no fees shall be due under this subsection by reason of the
petition under section 156(i)(1) of title 35, United States
Code, pursuant to which the Director provided the notice.
(5) Payment of fee.--The extension of a patent term of
which notice is provided under paragraph (3) shall not become
effective unless the patent holder pays the fee required under
paragraph (2) not later than 60 days after the date on which
the notice is provided.
(6) Fee payment not available for obligation.--Fees
received under this subsection are not available for
obligation.
(7) Director defined.--Except as otherwise provided, in
this subsection, the term ``Director'' means the Under
Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
(c) Applicability.--
(1) In general.--This section and the amendments made by
this section shall apply to any application--
(A) that is made on or after the date of the
enactment of this Act; or
(B) that, on such date of enactment, is pending
before the Director or as to which a decision of the
Director is eligible for judicial review.
(2) Treatment of certain applications.--In the case of any
application described in paragraph (1)(B), the 5-day period
prescribed in section 156(i)(1) of title 35, United States
Code, as added by subsection (a) of this section, shall be
deemed to begin on the date of the enactment of this Act.
Passed the House of Representatives June 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Responsive Government Act of 2008 - Amends the federal judicial code to authorize the chief judge of a district or court of appeals to delay, toll, or otherwise grant relief from time deadlines applicable to pending civil and criminal cases in the event of a natural disaster or other emergency situation requiring the closure of courts or rendering it impracticable to comply with such deadlines.
Grants the Director of the United States Patent and Trademark Office authority to: (1) waive statutory provisions governing the filing, processing, renewal, and maintenance of patents, trademark registrations, and patent and trademark applications in certain emergencies; and (2) accept late application filings for patent extensions in certain cases of unintentional delay.
Prescribes filing fees for patent extensions, including: (1) $65 million for an anticoagulant drug intended for use in humans; and (2) a formula for other items. | {"src": "billsum_train", "title": "To provide emergency authority to delay or toll judicial proceedings in United States district and circuit courts, and for other purposes."} | 2,830 | 191 | 0.54678 | 1.637115 | 0.836808 | 4.10119 | 15.238095 | 0.958333 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Agency
Environmental Responsibility Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. short title; table of contents.
TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY
Sec. 101. Declaration of policy.
Sec. 102. Agency goals.
Sec. 103. Duties of heads of agencies.
Sec. 104. Additional duties of the chairman of the Council on
Environmental Quality.
Sec. 105. Duties of the Director of the Office of Management and
Budget.
Sec. 106. Duties of the Federal Environmental Executive.
Sec. 107. Limitations.
Sec. 108. Exemption authority.
Sec. 109. General provisions.
Sec. 110. Energy efficient standby power devices.
Sec. 111. Public utility contracting authority.
Sec. 112. Project costs for energy innovations.
Sec. 113. Definitions.
TITLE II--ENERGY EFFICIENT LIGHTING
Sec. 201. Statement of purpose.
Sec. 202. Replacement of low energy efficient bulbs.
Sec. 203. Disposal plan.
Sec. 204. Progress report.
Sec. 205. Working with industry.
Sec. 206. Definitions.
TITLE I--FEDERAL AGENCY ENVIRONMENTAL RESPONSIBILITY
SEC. 101. DECLARATION OF POLICY.
The Congress finds and declares that it is the policy of the United
States that Federal agencies conduct their environmental,
transportation, and energy-related activities under the law in support
of their respective missions in an environmentally, economically and
fiscally sound, integrated, continuously improving, efficient, and
sustainable manner.
SEC. 102. AGENCY GOALS.
The head of each agency shall--
(1) improve energy efficiency and reduce greenhouse gas
emissions of the agency, through reduction of energy intensity
by--
(A) 3 percent annually through the end of fiscal
year 2014; or
(B) 30 percent by the end of fiscal year 2014,
relative to the baseline of the agency's energy use in
fiscal year 2003;
(2) ensure that--
(A) at least half of the statutorily required
renewable energy consumed by the agency in a fiscal
year comes from new renewable sources; and
(B) to the extent feasible, the agency implements
renewable energy generation projects on agency property
for agency use;
(3) beginning in fiscal year 2008, reduce water consumption
intensity, relative to the baseline of the agency's water
consumption in fiscal year 2007 and including both indoor and
outdoor consumption, through life-cycle cost-effective measures
by 2 percent annually through the end of fiscal year 2014 or 16
percent by the end of fiscal year 2014;
(4) require in agency acquisitions of goods and services--
(A) the use of sustainable environmental practices,
including acquisition of biobased, environmentally
preferable, energy-efficient, water-efficient, and
recycled-content products; and
(B) the use of paper that has at least 30 percent
post-consumer fiber content;
(5) ensure that the agency--
(A) reduces the quantity of toxic and hazardous
chemicals and materials acquired, used, or disposed of
by the agency;
(B) increases diversion of solid waste as
appropriate; and
(C) maintains cost-effective waste prevention and
recycling programs in its facilities;
(6) ensure that if the agency operates a fleet of at least
20 motor vehicles, the agency, relative to agency baselines for
fiscal year 2005--
(A) reduces the fleet's total consumption of
petroleum products by 2 percent annually through the
end of fiscal year 2014;
(B) increases the total fuel consumption that is
non-petroleum-based by 10 percent annually; and
(C) uses plug-in hybrid vehicles when such vehicles
are commercially available at a cost reasonably
comparable, on the basis of life-cycle cost, to other
vehicles; and
(8) ensure that the agency--
(A) when acquiring an electronic product to meet
its requirements, meets at least 95 percent of those
requirements with an electronic product that is
registered for the Electronic Product Environmental
Assessment Tool, unless there is no Electronic Product
Environmental Assessment Tool standard for such
product;
(B) enables the Energy Star feature on agency
computers and monitors;
(C) establishes and implements policies to extend
the useful life of agency electronic equipment; and
(D) uses environmentally sound practices with
respect to disposition of agency electronic equipment
that has reached the end of its useful life.
SEC. 103. DUTIES OF HEADS OF AGENCIES.
The head of each agency shall--
(1) implement sustainable practices within the agency for--
(A) energy efficiency, greenhouse gas emissions
avoidance or reduction, and petroleum products use
reduction;
(B) renewable energy, including bioenergy;
(C) water conservation;
(D) acquisition;
(E) pollution and waste prevention and recycling;
(F) reduction or elimination of acquisition and use
of toxic or hazardous chemicals;
(G) high performance construction, lease,
operation, and maintenance of buildings;
(H) vehicle fleet management; and
(I) electronic equipment management;
(2) implement within the agency environmental management
systems at all appropriate organizational levels to ensure--
(A) the use of environmental management systems as
the primary management approach for addressing
environmental aspects of internal agency operations and
activities, including environmental aspects of energy
and transportation functions;
(B) establishment of agency objectives and targets
to ensure implementation of this title; and
(C) collection, analysis, and reporting of
information to measure performance in the
implementation of this title;
(3) establish within the agency programs for--
(A) environmental management training;
(B) environmental compliance review and audit; and
(C) leadership awards to recognize outstanding
environmental, energy, or transportation management
performance in the agency;
(4) within 30 days after the date of enactment of this
Act--
(A) designate a senior civilian officer of the
United States, compensated annually in an amount at or
above the amount payable at level IV of the Executive
Schedule, to be responsible for implementation of this
title within the agency;
(B) report such designation to the Director of the
Office of Management and Budget and the Chairman of the
Council on Environmental Quality; and
(C) assign the designated official the authority
and duty--
(i) to monitor and report to the head of
the agency on agency activities to carry out
paragraphs (1) and (2) of this subsection; and
(ii) to perform such other duties relating
to the implementation of this title within the
agency as the head of the agency deems
appropriate;
(5) ensure that contracts entered into after the date of
enactment of this Act for contractor operation of government-
owned facilities or vehicles require the contractor to comply
with the provisions of this title with respect to such
facilities or vehicles to the same extent as the agency would
be required to comply if the agency operated the facilities or
vehicles;
(6) ensure that agreements, permits, leases, licenses, or
other legally-binding obligations between the agency and a
tenant or concessionaire entered into after the date of
enactment of this Act, to the extent the head of the agency
determines appropriate, that the tenant or concessionaire take
actions relating to matters within the scope of the contract
that facilitate the agency's compliance with the requirements
of this section;
(7) provide reports on agency implementation of this title
to the Chairman of the Council on such schedule and in such
format as the Chairman of the Council may require; and
(8) provide information and assistance to the Director of
the Office of Management and Budget, the Chairman of the
Council, and the Federal Environmental Executive.
SEC. 104. ADDITIONAL DUTIES OF THE CHAIRMAN OF THE COUNCIL ON
ENVIRONMENTAL QUALITY.
The Chairman of the Council on Environmental Quality--
(1)(A) shall establish a Steering Committee on
Strengthening Federal Environmental, Energy, and Transportation
Management to advise the Director of the Office of Management
and Budget and the Chairman of the Council on the performance
of their functions under this title that shall consist
exclusively of--
(i) the Federal Environmental Executive, who shall
chair, convene, and preside at meetings of, determine
the agenda of, and direct the work of, the Steering
Committee; and
(ii) the senior officials designated under section
103(4)(A); and
(B) may establish subcommittees of the Steering Committee,
to assist it in developing its advice on particular subjects;
(2) may, after consultation with the Director of the Office
of Management and Budget and the Steering Committee, issue
instructions to implement this title, other than instructions
within the authority of the Director to issue under section
105; and
(3) shall administer a presidential leadership award
program to recognize exceptional and outstanding environmental,
energy, or transportation management performance and excellence
in agency efforts to implement this title.
SEC. 105. DUTIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
BUDGET.
In implementing the policy of this title, the Director of the
Office of Management and Budget shall, after consultation with the
Chairman of the Council and the Steering Committee, issue instructions
to the heads of agencies concerning--
(1) the periodic evaluation of agency implementation of
this title;
(2) budget and appropriations matters relating to
implementation of this title;
(3) implementation of section 102(4) of this title; and
(4) amendments of the Federal Acquisition Regulation
necessary to implement this title.
SEC. 106. DUTIES OF THE FEDERAL ENVIRONMENTAL EXECUTIVE.
(a) Establishment of Office.--There is established within the
Environmental Protection Agency a Federal Environmental Office. The
Office shall be headed by the Federal Environmental Executive, who
shall be appointed by the President.
(b) Duties.--The Federal Environmental Executive shall--
(1) monitor, and advise the Chairman of the Council on,
performance by agencies with the requirements of sections 102
and 103 of this title;
(2) submit a report to the President, through the Chairman
of the Council, not less often than once every 2 years, on the
activities of agencies to comply with the requirements of this
title; and
(3) advise the Chairman of the Council on the Chairman's
exercise of the authority provided by section 104(3) of this
title.
SEC. 107. LIMITATIONS.
(a) United States Operations.--Except as provided in subsection
(b), this title shall apply to an agency only with respect to the
activities, personnel, resources, and facilities of the agency that are
located within the United States.
(b) Foreign Operations.--
(1) In general.--The head of an agency may provide that
this title shall apply in whole or in part with respect to the
activities, personnel, resources, and facilities of the agency
that are not located within the United States, if the head of
the agency determines that such application is in the interest
of the United States.
(2) Other foreign operations.--The head of an agency shall
manage activities, personnel, resources, and facilities of the
agency that are not located within the United States, and with
respect to which the head of the agency has not made a
determination under subsection (a) of this section, in a manner
consistent with the policy of this title to the extent the head
of the agency determines practicable.
SEC. 108. EXEMPTION AUTHORITY.
(a) Intelligence Activities.--The Director of National Intelligence
may exempt an intelligence activity of the United States, and related
personnel, resources, and facilities, from the provisions of this title
to the extent the Director determines necessary to protect intelligence
sources and methods from unauthorized disclosure.
(b) Law Enforcement Activities.--The head of an agency may exempt
law enforcement activities of that agency, and related personnel,
resources, and facilities, from the provisions of this title to the
extent the head of an agency determines necessary to protect undercover
operations from unauthorized disclosure.
(c) Special Purpose Vehicles.--The head of an agency may exempt law
enforcement, protective, emergency response, or military tactical
vehicle fleets of that agency from the provisions of this title.
Notwithstanding any such exemption, the head of an agency shall manage
fleets of such vehicles in a manner consistent with the policy of this
title to the extent practicable.
(d) Activities.--The head of an agency may submit to the President,
through the Chairman of the Council, a request for an exemption of an
agency activity and related personnel, resources, and facilities from
this title.
SEC. 109. GENERAL PROVISIONS.
(a) In General.--This title shall be implemented in a manner
consistent with applicable law and subject to the availability of
appropriations.
(b) OMB Functions.--Nothing in this title shall be construed to
impair or otherwise affect the functions of the Director of the Office
of Management and Budget relating to budget, administrative, or
legislative proposals.
(c) No Right of Recourse.--This title is intended only to improve
the internal management of the Federal Government and is not intended
to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by a party against the
United States, its departments, agencies, instrumentalities, entities,
officers, employees or agents, or any other person.
SEC. 110. ENERGY EFFICIENT STANDBY POWER DEVICES.
(a) In General.--Whenever a Federal agency purchases a commercially
available, off-the-shelf product that uses an external standby power
device, or that contains an internal standby power function, it shall
purchase--
(1) products that use no more than 1 Watt in their standby
power mode; or
(2) when such a product is not available, products with the
lowest standby power wattage while in their standby power mode.
(b) Limitation.--Subsection (a) applies only if compliance with its
requirements is practicable and life-cycle cost-effective, and a
product's utility and performance is not be compromised by compliance
with those requirements.
(c) Guidelines.--The Secretary of Energy, in consultation with the
Secretary of Defense and the Administrator of the General Services
Administration shall compile and maintain a list of products subject to
subsection (a) and a list of products that meet the requirements of
that subsection.
SEC. 111. PUBLIC UTILITY CONTRACTING AUTHORITY.
Section 501(b)(1)(B) of title 40, United States Code, is amended to
read as follows:
``(B) Public utility contracts.--
``(i) In general.--A contract for public
utility services may be made for a period of
not more than 10 years.
``(ii) Renewable energy contracts.--A
contract for renewable energy may be made for a
period of not more than 20 years.
``(iii) Definitions.--In this subparagraph:
``(I) Public utility services.--The
term `public utility services' means
generation, transmission, distribution,
or other services directly used in | Federal Agency Environmental Responsibility Act - Declares that it is U.S. policy that federal agencies conduct their environmental, transportation, and energy-related activities in an environmentally, economically, and fiscally sound, integrated, continuously improving, efficient, and sustainable manner.
Sets forth requirements for agency heads concerning: (1) energy efficiency and reduction in greenhouse gas emissions; (2) renewable energy sources and energy generation projects; (3) reduction in water consumption intensity; (4) sustainable environmental practices and management systems; (5) toxic and hazardous materials and cost-effective waste prevention and recycling programs; (6) fuel consumption; and (7) the acquisition and disposal of electronic products.
Requires the Chairman of the Council on Environmental Quality to establish a Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management to advise the Chairman and the Director of the Office of Management and Budget (OMB) on performance of their functions under this Act.
Establishes within the Environmental Protection Agency (EPA) a Federal Environmental Office to advise the Council on agency activities and a presidential leadership award program.
Provides for exemption authority.
Sets forth requirements for federal agency purchases of a commercially available, off-the-shelf product that uses an external standby power device or that contains an internal standby power function. Requires the Secretary of Energy to maintain a list of products subject to such requirements and a list of products that meet the requirements.
Limits public utility contracts for renewable energy to 20 years.
Exempts specified project costs for energy-efficient technologies from requirements concerning a project's estimated maximum costs.
Requires the Administrator of the General Services Administration (GSA): (1) to implement a program to use energy-efficient light bulbs in federal buildings to replace low efficiency bulbs as they burn out; and (2) and the Secretary of Energy and the Director of the National Institute of Standards and Technology (NIST) to work with industry to develop consensus national standards for energy-efficient light bulb disposal and with manufacturers and importers of energy-efficient bulbs to develop standards for labeling bulbs containing mercury or other toxic substances. | {"src": "billsum_train", "title": "A bill to require Federal agencies to conduct their environmental, transportation, and energy-related activities in support of their respective missions in an environmentally, economically, and fiscally sound manner, and for other purposes."} | 3,285 | 439 | 0.599402 | 1.984498 | 0.831815 | 3.576642 | 7.63017 | 0.900243 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Protection of Privacy
Act of 2004''.
SEC. 2. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION
IMPACTS ON INDIVIDUAL PRIVACY.
(a) In General.--Title 5, United States Code, is amended by adding
after section 553 the following new section:
``Sec. 553a. Privacy impact assessment in rulemaking
``(a) Initial Privacy Impact Assessment.--
``(1) In general.--Whenever an agency is required by
section 553 of this title, or any other law, to publish a
general notice of proposed rulemaking for a proposed rule, or
publishes a notice of proposed rulemaking for an interpretative
rule involving the internal revenue laws of the United States,
and such rule or proposed rulemaking pertains to the
collection, maintenance, use, or disclosure of personally
identifiable information from 10 or more individuals, other
than agencies, instrumentalities, or employees of the Federal
government, the agency shall prepare and make available for
public comment an initial privacy impact assessment that
describes the impact of the proposed rule on the privacy of
individuals. Such assessment or a summary thereof shall be
signed by the senior agency official with primary
responsibility for privacy policy and be published in the
Federal Register at the time of the publication of a general
notice of proposed rulemaking for the rule.
``(2) Contents.--Each initial privacy impact assessment
required under this subsection shall contain the following:
``(A) A description and analysis of the extent to
which the proposed rule will impact the privacy
interests of individuals, including the extent to which
the proposed rule--
``(i) provides notice of the collection of
personally identifiable information, and
specifies what personally identifiable
information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by
the person to whom the personally identifiable
information pertains and provides an
opportunity to correct inaccuracies;
``(iii) prevents such information, which is
collected for one purpose, from being used for
another purpose; and
``(iv) provides security for such
information.
``(B) A description of any significant alternatives
to the proposed rule which accomplish the stated
objectives of applicable statutes and which minimize
any significant privacy impact of the proposed rule on
individuals.
``(b) Final Privacy Impact Assessment.--
``(1) In general.--Whenever an agency promulgates a final
rule under section 553 of this title, after being required by
that section or any other law to publish a general notice of
proposed rulemaking, or promulgates a final interpretative rule
involving the internal revenue laws of the United States, and
such rule or proposed rulemaking pertains to the collection,
maintenance, use, or disclosure of personally identifiable
information from 10 or more individuals, other than agencies,
instrumentalities, or employees of the Federal government, the
agency shall prepare a final privacy impact assessment, signed
by the senior agency official with primary responsibility for
privacy policy.
``(2) Contents.--Each final privacy impact assessment
required under this subsection shall contain the following:
``(A) A description and analysis of the extent to
which the final rule will impact the privacy interests
of individuals, including the extent to which such
rule--
``(i) provides notice of the collection of
personally identifiable information, and
specifies what personally identifiable
information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by
the person to whom the personally identifiable
information pertains and provides an
opportunity to correct inaccuracies;
``(iii) prevents such information, which is
collected for one purpose, from being used for
another purpose; and
``(iv) provides security for such
information.
``(B) A summary of any significant issues raised by
the public comments in response to the initial privacy
impact assessment, a summary of the analysis of the
agency of such issues, and a statement of any changes
made in such rule as a result of such issues.
``(C) A description of the steps the agency has
taken to minimize the significant privacy impact on
individuals consistent with the stated objectives of
applicable statutes, including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the final rule
and why each one of the other significant alternatives to the rule
considered by the agency which affect the privacy interests of
individuals was rejected.
``(3) Availability to public.--The agency shall make copies
of the final privacy impact assessment available to members of
the public and shall publish in the Federal Register such
assessment or a summary thereof.
``(c) Waivers.--
``(1) Emergencies.--An agency head may waive or delay the
completion of some or all of the requirements of subsections
(a) and (b) to the same extent as the agency head may, under
section 608, waive or delay the completion of some or all of
the requirements of sections 603 and 604, respectively.
``(2) National security.--An agency head may, for national
security reasons, or to protect from disclosure classified
information, confidential commercial information, or
information the disclosure of which may adversely affect a law
enforcement effort, waive or delay the completion of some or
all of the following requirements:
``(A) The requirement of subsection (a)(1) to make
an assessment available for public comment.
``(B) The requirement of subsection (a)(1) to have
an assessment or summary thereof published in the
Federal Register.
``(C) The requirements of subsection (b)(3).
``(d) Procedures for Gathering Comments.--When any rule is
promulgated which may have a significant privacy impact on individuals,
or a privacy impact on a substantial number of individuals, the head of
the agency promulgating the rule or the official of the agency with
statutory responsibility for the promulgation of the rule shall assure
that individuals have been given an opportunity to participate in the
rulemaking for the rule through techniques such as--
``(1) the inclusion in an advance notice of proposed
rulemaking, if issued, of a statement that the proposed rule
may have a significant privacy impact on individuals, or a
privacy impact on a substantial number of individuals;
``(2) the publication of a general notice of proposed
rulemaking in publications of national circulation likely to be
obtained by individuals;
``(3) the direct notification of interested individuals;
``(4) the conduct of open conferences or public hearings
concerning the rule for individuals, including soliciting and
receiving comments over computer networks; and
``(5) the adoption or modification of agency procedural
rules to reduce the cost or complexity of participation in the
rulemaking by individuals.
``(e) Periodic Review of Rules.--
``(1) In general.--Each agency shall carry out a periodic
review of the rules promulgated by the agency that have a
significant privacy impact on individuals, or a privacy impact
on a substantial number of individuals. Under such periodic
review, the agency shall determine, for each such rule, whether
the rule can be amended or rescinded in a manner that minimizes
any such impact while remaining in accordance with applicable
statutes. For each such determination, the agency shall
consider the following factors:
``(A) The continued need for the rule.
``(B) The nature of complaints or comments received
from the public concerning the rule.
``(C) The complexity of the rule.
``(D) The extent to which the rule overlaps,
duplicates, or conflicts with other Federal rules, and,
to the extent feasible, with State and local
governmental rules.
``(E) The length of time since the rule was last
reviewed under this subsection.
``(F) The degree to which technology, economic
conditions, or other factors have changed in the area
affected by the rule since the rule was last reviewed
under this subsection.
``(2) Plan required.--Each agency shall carry out the
periodic review required by paragraph (1) in accordance with a
plan published by such agency in the Federal Register. Each
such plan shall provide for the review under this subsection of
each rule promulgated by the agency not later than 10 years
after the date on which such rule was published as the final
rule and, thereafter, not later than 10 years after the date on
which such rule was last reviewed under this subsection. The
agency may amend such plan at any time by publishing the
revision in the Federal Register.
``(3) Annual publication.--Each year, each agency shall
publish in the Federal Register a list of the rules to be
reviewed by such agency under this subsection during the
following year. The list shall include a brief description of
each such rule and the need for and legal basis of such rule
and shall invite public comment upon the determination to be
made under this subsection with respect to such rule.
``(f) Judicial Review.--
``(1) In general.--For any rule subject to this section, an
individual who is adversely affected or aggrieved by final
agency action is entitled to judicial review of agency
compliance with the requirements of subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with judicial
review of subsection (b).
``(2) Jurisdiction.--Each court having jurisdiction to
review such rule for compliance with section 553, or under any
other provision of law, shall have jurisdiction to review any
claims of noncompliance with subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with judicial
review of subsection (b).
``(3) Limitations.--
``(A) An individual may seek such review during the
period beginning on the date of final agency action and
ending 1 year later, except that where a provision of
law requires that an action challenging a final agency
action be commenced before the expiration of 1 year,
such lesser period shall apply to an action for
judicial review under this subsection.
``(B) In the case where an agency delays the
issuance of a final privacy impact assessment pursuant
to subsection (c), an action for judicial review under
this section shall be filed not later than--
``(i) 1 year after the date the assessment
is made available to the public; or
``(ii) where a provision of law requires
that an action challenging a final agency
regulation be commenced before the expiration
of the 1-year period, the number of days
specified in such provision of law that is
after the date the assessment is made available
to the public.
``(4) Relief.--In granting any relief in an action under
this subsection, the court shall order the agency to take
corrective action consistent with this section and chapter 7,
including, but not limited to--
``(A) remanding the rule to the agency; and
``(B) deferring the enforcement of the rule against
individuals, unless the court finds that continued
enforcement of the rule is in the public interest.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of any court to stay
the effective date of any rule or provision thereof under any
other provision of law or to grant any other relief in addition
to the requirements of this subsection.
``(6) Record of agency action.--In an action for the
judicial review of a rule, the privacy impact assessment for
such rule, including an assessment prepared or corrected
pursuant to paragraph (4), shall constitute part of the entire
record of agency action in connection with such review.
``(7) Exclusivity.--Compliance or noncompliance by an
agency with the provisions of this section shall be subject to
judicial review only in accordance with this subsection.
``(8) Savings clause.--Nothing in this subsection bars
judicial review of any other impact statement or similar
assessment required by any other law if judicial review of such
statement or assessment is otherwise permitted by law.
``(g) Definition.--For purposes of this section, the term
`personally identifiable information' means information that can be
used to identify an individual, including such individual's name,
address, telephone number, photograph, social security number or other
identifying information. It includes information about such
individual's medical or financial condition.''.
(b) Periodic Review Transition Provisions.--
(1) Initial plan.--For each agency, the plan required by
subsection (e) of section 553a of title 5, United States Code
(as added by subsection (a)), shall be published not later than
180 days after the date of the enactment of this Act.
(2) In the case of a rule promulgated by an agency before
the date of the enactment of this Act, such plan shall provide
for the periodic review of such rule before the expiration of
the 10-year period beginning on the date of the enactment of
this Act. For any such rule, the head of the agency may provide
for a 1-year extension of such period if the head of the
agency, before the expiration of the period, certifies in a
statement published in the Federal Register that reviewing such
rule before the expiration of the period is not feasible. The
head of the agency may provide for additional 1-year extensions
of the period pursuant to the preceding sentence, but in no
event may the period exceed 15 years.
(c) Congressional Review.--Section 801(a)(1)(B) of title 5, United
States Code, is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following new
clause:
``(iii) the agency's actions relevant to section 553a;''.
(d) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 5, United States Code, is amended by adding after
the item relating to section 553 the following new item:
``553a. Privacy impact assessment in rulemaking.''. | Federal Agency Protection of Privacy Act of 2004 - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws, and such rulemaking pertains to the collection, maintenance, use, or disclosure of personally identifiable information from ten or more individuals, other than agencies, instrumentalities, or Federal employees, to prepare an initial assessment that describes the rule's impact on individual privacy; and (2) when promulgating the final rule, to prepare a final privacy impact assessment that includes a summary of any significant issues raised by and changes made pursuant to public comments on the initial assessment. Instructs agencies to make copies of final assessments publicly available and to publish such assessments or summaries thereof in the Federal Register.
Allows the head of an agency to waive or delay the completion of some or all of: (1) these requirements to the same extent as the agency head may waive or delay the completion of requirements for regulatory flexibility analyses; and (2) certain of the preceding requirements under this Act for national security reasons, or to protect from disclosure classified information, confidential commercial information, or information the disclosures of which may adversely affect a law enforcement effort.
Requires the head of an agency promulgating a rule that may have a significant privacy impact to assure that individuals have been given an opportunity to participate in the rulemaking. Requires each agency to: (1) carry out a periodic review of promulgated rules that have a signifcant privacy impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years; and (3) annually publish a list of the rules to be reviewed. Requires the list to: (1) include a brief description of each rule and the need for and legal basis of such rule; and (2) invite public comment upon the determination concerning the rule. Sets forth provisions governing judicial review of agency compliance with this Act. Requires congressional review of agencies' actions that are relevant to this Act. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to require that agencies, in promulgating rules, take into consideration the impact of such rules on the privacy of individuals, and for other purposes."} | 3,092 | 483 | 0.656691 | 2.044258 | 0.845835 | 4.277389 | 6.983683 | 0.948718 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marijuana Businesses Access to
Banking Act of 2013''.
SEC. 2. SAFE HARBOR FOR DEPOSITORY INSTITUTIONS.
A Federal banking regulator may not--
(1) terminate or limit the deposit insurance of a
depository institution under the Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.) solely because
the depository institution provides or has provided
financial services to a marijuana-related legitimate
business;
(2) prohibit, penalize, or otherwise discourage a
depository institution from providing financial
services to a marijuana-related legitimate business;
(3) recommend, incentivize, or encourage a
depository institution not to offer financial services
to an individual, or to downgrade or cancel the
financial services offered to an individual solely
because--
(A) the individual is a manufacturer or
producer, or is the owner or operator of a
marijuana-related legitimate business;
(B) the individual later becomes an owner
or operator of a marijuana-related legitimate
business; or
(C) the depository institution was not
aware that the individual is the owner or
operator of a marijuana-related legitimate
business; and
(4) take any action on a loan to an owner or
operator of--
(A) a marijuana-related legitimate
business; or
(B) real estate or equipment that is leased
to a marijuana-related legitimate business.
SEC. 3. PROTECTIONS UNDER FEDERAL LAW.
(a) Investigation and Prosecution.--A depository institution that
provides financial services to a marijuana-related legitimate business,
and the officers, directors, and employees of that depository
institution, shall be immune from Federal criminal prosecution or
investigation for providing those services.
(b) Federal Criminal Law.--A depository institution that provides
financial services to a marijuana-related legitimate business may not
be held liable pursuant to any Federal criminal law solely for
providing those services or for further investing any income derived
from such services.
(c) Forfeiture.--A depository institution that has a legal interest
in the collateral for a loan made to an owner or operator of a
marijuana-related legitimate business, or to an owner or operator of
real estate or equipment that is leased to a marijuana-related
legitimate business, shall not be subject to criminal, civil, or
administrative forfeiture of that legal interest pursuant to any
Federal law for providing such loan.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall require a depository institution to
provide financial services to a marijuana-related legitimate business.
SEC. 5. EXEMPTION FROM FILING SUSPICIOUS ACTIVITY REPORTS.
Section 5318(g) of title 31, United States Code, is amended by
adding at the end the following:
``(5) Exemption for marijuana-related legitimate
businesses.--
``(A) In general.--The Secretary shall not require
a depository institution, and any director, officer,
employee, or agent of a depository institution, to
report a transaction as suspicious solely because a
party to the transaction is a marijuana-related
legitimate business.
``(B) Definitions.--In this paragraph, the terms
`depository institution' and `marijuana-related
legitimate business' have the meanings given such terms
in the Marijuana Businesses Access to Banking Act of
2013.''.
SEC. 6. DEFINITIONS.
In this Act:
(1) Depository institution.--The term ``depository
institution'' means--
(A) a depository institution as defined in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c));
(B) a Federal credit union as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
(C) a State credit union as defined in section 101
of the Federal Credit Union Act (12 U.S.C. 1752).
(2) Federal banking regulator.--The term ``Federal banking
regulator'' means each of the Board of Governors of the Federal
Reserve System, the Bureau of Consumer Financial Protection,
the Federal Deposit Insurance Corporation, the Office of the
Comptroller of the Currency, the National Credit Union
Administration, or any agency or department that regulates
banking or financial services, as determined by the Secretary
of the Treasury.
(3) Financial service.--The term ``financial service''
means a financial product or service as defined in section 1002
of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (12 U.S.C. 5481).
(4) Manufacturer.--The term ``manufacturer'' means a person
who manufactures, compounds, converts, processes, prepares, or
packages marijuana or marijuana products.
(5) Marijuana-related legitimate business.--The term
``marijuana-related legitimate business'' means a manufacturer,
producer, or any person that--
(A) participates in any business or organized
activity that involves handling marijuana or marijuana
products, including selling, transporting, displaying,
dispensing, or distributing marijuana or marijuana
products; and
(B) engages in such activity pursuant to a law
established by a State or a unit of local government.
(6) Marijuana.--The term ``marijuana'' has the meaning
given the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(7) Marijuana product.--The term ``marijuana product''
means any article which contains marijuana, including an
article which is a concentrate, an edible, a tincture, a
marijuana-infused product, or a topical.
(8) Producer.--The term ``producer'' means a person who
plants, cultivates, harvests, or in any way facilitates the
natural growth of marijuana.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, and any
territory or possession of the United States. | Marijuana Businesses Access to Banking Act of 2013 - Prohibits a federal banking regulator from: (1) terminating or limiting the deposit insurance of a depository institution solely because it either provides or has provided financial services to a marijuana-related legitimate business; or (2) prohibiting, penalizing, or otherwise discouraging a depository institution from providing financial services to a marijuana-related legitimate business. Prohibits a federal banking regulator, in addition, from recommending, motivating, providing incentives, or encouraging a depository institution not to offer financial services to an individual, or to downgrade or cancel financial services offered to an individual, solely because the individual: (1) is or later becomes a manufacturer, producer, owner or operator of a marijuana-related legitimate business; or (2) the depository institution was not aware that the individual is the owner or operator of a marijuana-related legitimate business. Prohibits a federal banking regulator from taking any action on a loan to an owner or operator of: (1) a marijuana-related legitimate business, or (2) real estate or equipment that is leased to a marijuana-related legitimate business. Grants immunity from federal criminal prosecution or investigation to a depository institution providing financial services to a marijuana-related legitimate business. Prohibits the Secretary of the Treasury from requiring a depository institution, and any director, officer, employee, or agent of a depository institution, to report a transaction as suspicious solely because a party to the transaction is a marijuana-related legitimate business. | {"src": "billsum_train", "title": "Marijuana Businesses Access to Banking Act of 2013"} | 1,373 | 337 | 0.807525 | 2.349998 | 1.060533 | 5.380137 | 4.085616 | 0.921233 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Spending Act of 2004''.
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 2005, for the
discretionary category: $816,404,000,000 in total new budget
authority of which not less than $420,676,000,000 shall be for
the defense category and of which not less than $28,144,000,000
shall be for homeland security activities outside of the
defense category and $912,992,000,000 in total outlays of which
not less than $448,197,000,000 shall be for the defense
category and of which not less than $28,738,000,000 in total
outlays shall be for the homeland security category outside of
the defense category;
``(2) with respect to fiscal year 2006, 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, 2004;
``(3) with respect to fiscal year 2007, 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, 2005;
``(4) with respect to fiscal year 2008, 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, 2006; and
``(5) with respect to fiscal year 2009, 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, 2007;''.
(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, 2009, 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, 2009, as calculated under paragraph (2).
``(2) Calculation of deficit increase.--OMB shall calculate
the amount of deficit increase or decrease by adding--
``(A) all OMB estimates for the budget year of
direct spending legislation transmitted under
subsection (d);
``(B) the estimated amount of savings in direct
spending programs applicable to budget year resulting
from the prior year's sequestration under this section
or, if any, as published in OMB's final sequestration
report for that prior year; and
``(C) any net deficit increase or decrease in the
current year resulting from all OMB estimates for the
current year of direct spending legislation transmitted
under subsection (d) of this section that were not
reflected in the final OMB sequestration report for the
current year; and
``(D) for fiscal year 2005, before making the
calculations required in subparagraphs (A) through (C),
OMB shall assume an automatic deficit increase of
$7,400,000,000.
``(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); except that the medicare programs
specified in section 256(d) shall not be reduced by more than 4
percent and the uniform percentage applicable to all other
direct spending programs under this paragraph shall be
increased (if necessary) to a level sufficient to achieve the
required reduction in direct spending.
``(ii) For purposes of determining reductions under clause
(i), outlay reductions (as a result of sequestration of
Commodity Credit Corporation commodity price support contracts
in the fiscal year of a sequestration) that would occur in the
following fiscal year shall be credited as outlay reductions in
the fiscal year of the sequestration.
``(2) For purposes of this subsection, accounts shall be assumed to
be at the level in the baseline for fiscal year 2005 and for fiscal
years 2006 through 2009 at the baseline after adjusting for any
sequester in fiscal year 2005.
``(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 ``2009''.
(2) Section 254(f)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2009''.
(b) Expiration.--Section 275(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2009''.
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.''. | Common Sense Spending Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend the discretionary spending limits through FY 2009, with adjustments for inflation each year starting FY 2006.
Provides that 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 such legislation, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation.
Repeals the exemption of appropriations to cover agricultural crop disaster assistance from the application of mandatory adjustments in discretionary spending limits in a sequestration report and subsequent budgets for emergency appropriations for discretionary accounts. (Thus applies such mandatory adjustments in the total amount of emergency appropriations to appropriations covering agricultural crop disaster assistance.)
Revises PAYGO requirements to remove receipts from the requirement that any legislation enacted before FY 2009 affecting direct spending (currently, direct spending and receipts) that increases the deficit will trigger an offsetting sequestration. Revises the formula for calculating the amount of deficit increase or decrease by the Office of Management and Budget (OMB) to require OMB, before making such calculations for FY 2005, to assume an automatic deficit increase of $7.4 billion.
States that, with respect to eliminating a deficit increase, accounts shall be assumed to be at the level in the baseline for FY 2005 and for FY 2006 through 2009 at the baseline after adjusting for any sequester in FY 2005.
Revises the definition of baseline to exclude emergency appropriations and legislation.
Prohibits such emergency appropriations from being extended in the baseline.
Amends the Congressional Budget and Impoundment Control Act of 1974 to define: (1) "emergency" as an unanticipated situation that requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and (2) "unanticipated" as an underlying situation that is sudden, which means quickly coming into being or not building up over time, urgent, which means a pressing and compelling need requiring immediate action, unforeseen, which means not predicted or anticipated as an emerging need, and temporary, which means not of a permanent duration.
Outlines the rule for designation of a legislative provision as an emergency. | {"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 2009, to extend paygo for direct spending, and for other purposes."} | 3,600 | 564 | 0.453058 | 1.494858 | 0.711812 | 4.297468 | 6.691983 | 0.892405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Jobs and Manufacturing
Preservation Act of 1993''.
SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS
ATTRIBUTABLE TO IMPORTED PROPERTY.
(a) General Rule.--Subsection (a) of section 954 of the Internal
Revenue Code of 1986 (defining foreign base company income) is amended
by striking ``and'' at the end of paragraph (4), by striking the period
at the end of paragraph (5) and inserting ``, and'', and by adding at
the end thereof the following new paragraph:
``(6) imported property income for the taxable year
(determined under subsection (h) and reduced as provided in
subsection (b)(5)).''
(b) Definition of Imported Property Income.--Section 954 of such
Code is amended by adding at the end thereof the following new
subsection:
``(h) Imported Property Income.--
``(1) In general.--For purposes of subsection (a)(6), the
term `imported property income' means income (whether in the
form of profits, commissions, fees, or otherwise) derived in
connection with--
``(A) manufacturing, producing, growing, or
extracting imported property,
``(B) the sale, exchange, or other disposition of
imported property, or
``(C) the lease, rental, or licensing of imported
property.
Such term shall not include any foreign oil and gas extraction
income (within the meaning of section 907(c)) or any foreign
oil related income (within the meaning of section 907(c)).
``(2) Imported property.--For purposes of this subsection--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `imported property' means
property which is imported into the United States by
the controlled foreign corporation or a related person.
``(B) Imported property includes certain property
imported by unrelated persons.--The term `imported
property' includes any property imported into the
United States by an unrelated person if, when such
property was sold to the unrelated person by the
controlled foreign corporation (or a related person),
it was reasonable to expect that--
``(i) such property would be imported into
the United States, or
``(ii) such property would be used as a
component in other property which would be
imported into the United States.
``(C) Exception for property subsequently
exported.--The term `imported property' does not
include any property which is imported into the United
States and which--
``(i) before substantial use in the United
States, is sold, leased, or rented by the
controlled foreign corporation or a related
person for direct use, consumption, or
disposition outside the United States, or
``(ii) is used by the controlled foreign
corporation or a related person as a component
in other property which is so sold, leased, or
rented.
``(3) Definitions and special rules.--
``(A) Import.--For purposes of this subsection, the
term `import' means entering, or withdrawal from
warehouse, for consumption or use. Such term includes
any grant of the right to use an intangible (as defined
in section 936(b)(3)(B)) in the United States.
``(B) Unrelated person.--For purposes of this
subsection, the term `unrelated person' means any
person who is not a related person with respect to the
controlled foreign corporation.
``(C) Coordination with foreign base company sales
income.--For purposes of this section, the term
`foreign base company sales income' shall not include
any imported property income.''
(c) Separate Application of Limitations on Foreign Tax Credit for
Imported Property Income.--
(1) In general.--Paragraph (1) of section 904(d) of such
Code (relating to separate application of section with respect
to certain categories of income) is amended by striking ``and''
at the end of subparagraph (H), by redesignating subparagraph
(I) as subparagraph (J), and by inserting after subparagraph
(H) the following new subparagraph:
``(I) imported property income, and''.
(2) Imported property income defined.--Paragraph (2) of
section 904(d) of such Code is amended by redesignating
subparagraphs (H) and (I) as subparagraphs (I) and (J),
respectively, and by inserting after subparagraph (G) the
following new subparagraph:
``(H) Imported property income.--The term `imported
property income' means any income received or accrued
by any person which is of a kind which would be
imported property income (as defined in section
954(h)).''
(3) Look-thru rules to apply.--Subparagraph (F) of section
904(d)(3) of such Code is amended by striking ``or (E)'' and
inserting ``(E), or (H)''.
(d) Technical Amendments.--
(1) Clause (iii) of section 952(c)(1)(B) of such Code
(relating to certain prior year deficits may be taken into
account) is amended by inserting the following subclause after
subclause (II) (and by redesignating the following subclauses
accordingly):
``(III) imported property income,''.
(2) Paragraph (5) of section 954(b) of such Code (relating
to deductions to be taken into account) is amended by striking
``and the foreign base company oil related income'' and
inserting ``the foreign base company oil related income, and
the imported property income''.
(e) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years of
foreign corporations beginning after December 31, 1992, and to
taxable years of United States shareholders within which or
with which such taxable years of such foreign corporations end.
(2) Subsection (c).--The amendments made by subsection (c)
shall apply to taxable years beginning after December 31, 1992. | American Jobs and Manufacturing Preservation Act of 1993 - Amends the Internal Revenue Code to include imported property income of a controlled foreign corporation or related person as foreign base company income. Defines imported property income as that from: (1) manufacturing, producing, growing, or extracting imported property; (2) the sale, exchange, or other disposition of imported property; or (3) the lease, rental, or licensing of imported property.
Requires the separate application of the limitation on the foreign tax credit on imported property income. Applies the look-thru rules in the case of controlled foreign corporations to such income. | {"src": "billsum_train", "title": "American Jobs and Manufacturing Preservation Act of 1993"} | 1,402 | 127 | 0.599141 | 1.51626 | 0.638985 | 3.617886 | 10.243902 | 0.902439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Isolating ISIS Act''.
SEC. 2. SANCTIONS WITH RESPECT TO FOREIGN FINANCIAL INSTITUTIONS THAT
ENGAGE IN CERTAIN TRANSACTIONS.
(a) Prohibitions and Conditions With Respect to Certain Accounts
Held by Foreign Financial Institutions.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Secretary of State and the heads of other
applicable Federal departments and agencies, shall prohibit, or
impose strict conditions on, the opening or maintaining in the
United States of a correspondent account or a payable-through
account by a foreign financial institution that the Secretary
of the Treasury determines, on or after the date of the
enactment of this Act, engages in an activity described in
paragraph (2).
(2) Activities described.--A foreign financial institution
engages in an activity described in this paragraph if the
foreign financial institution--
(A) knowingly facilitates a transaction or
transactions for the Islamic State of Iraq and Syria;
(B) knowingly facilitates a transaction or
transactions of a person designated for acting on
behalf of or at the direction of, or owned or
controlled by, the Islamic State of Iraq and Syria;
(C) knowingly engages in money laundering to carry
out an activity described in subparagraph (A) or (B);
(D) knowingly facilitates a transaction or
transactions or provides financial services to carry
out an activity described in subparagraph (A), (B), or
(C), including--
(i) facilitating a transaction or
transactions; or
(ii) providing financial services that
involve a transaction of any goods; or
(E)(i) knowingly facilitates, or participates or
assists in, an activity described in subparagraph (A),
(B), (C), or (D), including by acting on behalf of, at
the direction of, or as an intermediary for, or
otherwise assisting, another person with respect to the
activity described in any such subparagraph;
(ii) knowingly attempts or conspires to facilitate
or participate in an activity described in subparagraph
(A), (B), (C), or (D); or
(iii) is owned or controlled by a foreign financial
institution that the Secretary finds knowingly engages
in an activity described in subparagraph (A), (B), (C),
or (D).
(3) Penalties.--The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency
Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or
causes a violation of the prohibition or strict conditions
referred to in paragraph (1) of this subsection to the same
extent that such penalties apply to a person that commits an
unlawful act described in subsection (a) of such section 206.
(4) Regulations.--The Secretary of the Treasury shall
prescribe and implement regulations to carry out this
subsection.
(b) Waiver.--
(1) In general.--The Secretary of the Treasury, in
consultation with the Secretary of State and the heads of other
applicable Federal departments and agencies, may waive, on a
case-by-case basis, the application of a prohibition or
condition imposed with respect to a foreign financial
institution pursuant to subsection (a) for a period of not more
than 180 days, and may renew that waiver for additional periods
of not more than 180 days, on and after the date that the
Secretary of the Treasury, in consultation with the Secretary
of State--
(A) determines that such a waiver is in the
national security interests of the United States; and
(B) submits to the appropriate congressional
committees a report describing the reasons for the
determination.
(2) Form.--The report required by subparagraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(c) Provisions Relating to Foreign Financial Institutions.--
(1) Report.--Not later than 45 days after the date of the
enactment of this Act and every 180 days thereafter, the
Secretary of the Treasury shall submit to the appropriate
congressional committees a report that--
(A) identifies each foreign central bank that the
Secretary determines engages in one or more activities
described in subsection (a)(2)(D); and
(B) provides a detailed description of each such
activity.
(2) Special rule to allow for termination of sanctionable
activity.--The Secretary of the Treasury shall not be required
to apply sanctions to a foreign financial institution described
in subsection (a) if the Secretary of the Treasury, in
consultation with the Secretary of State and the heads of other
applicable Federal departments and agencies, certifies in
writing to the appropriate congressional committees that--
(A) the foreign financial institution--
(i) is no longer engaging in an activity
described in subsection (a)(2); or
(ii) has taken and is continuing to take
significant verifiable steps toward terminating
the activity described in subsection (a)(2);
and
(B) the Secretary has received reliable assurances
from the government with primary jurisdiction over the
foreign financial institution that the foreign
financial institution will not engage in any activity
described in subsection (a)(2) in the future.
(d) Definitions.--
(1) In general.--In this section:
(A) Account; correspondent account; payable-through
account.--The terms ``account'', ``correspondent
account'', and ``payable-through account'' have the
meanings given those terms in section 5318A of title
31, United States Code.
(B) Financial institution.--The term ``financial
institution'' means a financial institution specified
in subparagraph (A), (B), (C), (D), (E), (F), (G), (H),
(I), (J), (K), (M), (N), (P), (R), (T), (Y), or (Z) of
section 5312(a)(2) of title 31, United States Code.
(C) Foreign financial institution.--The term
``foreign financial institution'' has the meaning of
such term in section 1010.605 of title 31, Code of
Federal Regulations, and includes a foreign central
bank.
(D) Money laundering.--The term ``money
laundering'' means any of the activities described in
paragraph (1), (2), or (3) of section 1956(a) of title
18, United States Code, with respect to which penalties
may be imposed pursuant to such section.
(2) Other definitions.--The Secretary of the Treasury may
further define the terms used in this section in the
regulations prescribed under this section.
SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO UNITED STATES PERSONS
THAT ENGAGE IN TRANSACTIONS WITH CERTAIN FOREIGN PERSONS.
(a) In General.--The President shall impose sanctions in accordance
with subsection (c) with respect to each person on the list required by
subsection (b).
(b) List.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a list of United States
persons that the President determines have knowingly engaged in
an activity described in paragraph (2) on or after such date of
enactment.
(2) Activity described.--
(A) In general.--A person engages in an activity
described in this paragraph if the person knowingly
engages in a transaction or transactions with a foreign
person that transfers or receives, or facilitates the
transfer or receipt of, any goods or services to or
from the Islamic State of Iraq and Syria.
(B) Applicability to contracts and other
agreements.--A person engages in an activity described
in subparagraph (A) without regard to whether the
activity is carried out pursuant to a contract or other
agreement entered into before, on, or after the date of
the enactment of this Act.
(3) Special rule to allow for termination of sanctionable
activity.--The President shall not be required to include a
person on the list required by paragraph (1) if the President
certifies in writing to the appropriate congressional
committees that--
(A) the person is no longer engaging in, or has
taken significant verifiable steps toward stopping, the
activity described in paragraph (2) for which the
President would otherwise have included the person on
the list; and
(B) the President has received reliable assurances
that the person will not knowingly engage in any
activity described in paragraph (2) in the future.
(4) Updates of list.--The President shall submit to the
appropriate congressional committees an updated list under
paragraph (1) as new information becomes available.
(5) Form of report; public availability.--
(A) Form.--The list required by paragraph (1) shall
be submitted in unclassified form but may contain a
classified annex.
(B) Public availability.--The unclassified portion
of the list required by paragraph (1) shall be made
available to the public and posted on the websites of
the Department of the Treasury and the Department of
State.
(c) Application of Sanctions.--
(1) In general.--The President shall impose sanctions
described in paragraph (2) with respect to a person on the list
required by subsection (b).
(2) Sanctions.--The sanctions described in this paragraph
are the following:
(A) No assistance may be provided to the person
under the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) or the Arms Export Control Act (22 U.S.C.
2751 et seq.).
(B) The United States Government may not procure,
or enter into any contract for the procurement of, any
goods or services from the person.
(C) The President may impose additional sanctions,
as appropriate, with respect to the person in
accordance with the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).
(d) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States person
or an alien lawfully admitted for permanent residence
into the United States; or
(B) a corporation, partnership, or other
nongovernmental entity which is not a United States
person.
(2) Person.--
(A) In general.--The term ``person'' means--
(i) a natural person;
(ii) a corporation, business association,
partnership, society, trust, financial
institution, insurer, underwriter, guarantor,
and any other business organization, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise; and
(iii) any successor to any entity described
in clause (ii).
(B) Application to governmental entities.--The term
``person'' does not include a government or
governmental entity that is not operating as a business
enterprise.
(3) United states person.--The term ``United States
person'' means--
(A) a natural person who is a citizen of the United
States or who owes permanent allegiance to the United
States; and
(B) a corporation or other legal entity which is
organized under the laws of the United States, any
State or territory thereof, or the District of
Columbia, if natural persons described in subparagraph
(A) own, directly or indirectly, more than 50 percent
of the outstanding capital stock or other beneficial
interest in such legal entity.
SEC. 4. REGULATORY AUTHORITY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the President shall promulgate regulations as
necessary for the implementation of this Act.
(b) Notification to Congress.--Not later than 10 days before the
promulgation of regulations under subsection (a), the President shall
notify the appropriate congressional committees of such proposed
regulations.
SEC. 5. TERMINATION.
This Act shall cease to be in effect beginning 30 days after the
date on which the President certifies to Congress that the Islamic
State of Iraq and Syria--
(1) is no longer designated as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189);
(2) is no longer listed in the Annex to Executive Order No.
13224 (September 23, 2001; relating to blocking property and
prohibiting transactions with persons who commit, threaten to
commit, or support terrorism); and
(3) poses no significant threat to United States national
security, interests, or allies.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act shall apply to the authorized intelligence
activities of the United States.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Financial Services of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Banking, Housing, and Urban Affairs of the
Senate.
(2) Islamic state of iraq and syria.--The term ``Islamic
State of Iraq and Syria'' includes--
(A) any person--
(i) the property of or interests in
property of which are blocked pursuant to the
International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.); and
(ii) who is identified on the list of
specially designated nationals and blocked
persons maintained by the Office of Foreign
Asset Control of the Department of the Treasury
as an agent, instrumentality, or affiliate of
the Islamic State of Iraq and Syria; and
(B) the entity designated by the Secretary of State
as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act (8 U.S.C.
1189). | Isolating ISIS Act - Directs the Secretary of the Treasury to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that knowingly: facilitates a transaction for the Islamic State of Iraq and Syria (ISIS); facilitates a transaction of a person designated for acting on behalf of or at the direction of, or owned or controlled by, ISIS; engages in money laundering to carry out such an activity; facilitates a transaction or provides financial services to carry out such an activity; or facilitates such an activity, conspires to facilitate or participate in such an activity, or is owned or controlled by a foreign financial institution that knowingly engages in such an activity. Applies specified penalties under the International Emergency Economic Powers Act for violations of this Act. Authorizes the Secretary to waive the application of a prohibition for up to 180 days (with renewable 180-day waivers) if in U.S. national security interests, and with congressional notification. Directs the Secretary to identify to Congress every 180 days each foreign central bank that carries out a prohibited activity. Directs the President to transmit to Congress a list of, and impose specified sanctions against, any person who knowingly engages in a transaction with a foreign person that transfers or receives, or facilitates the transfer or receipt of, any goods or services to or from ISIS. States that the President shall not be required to include a person on this list if: (1) that person is no longer engaging in or has taken significant steps toward stopping sanctioned activities, and (2) the President has received reliable assurances that such person will not knowingly engage in any new sanctioned activity. States that nothing in this Act shall apply to authorized U.S. intelligence activities. | {"src": "billsum_train", "title": "Isolating ISIS Act"} | 3,103 | 398 | 0.738732 | 2.355366 | 0.850042 | 4.349432 | 8.167614 | 0.917614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red Rock Canyon National
Conservation Area Protection and Enhancement Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Corporation.--The term ``Corporation'' means The Howard
Hughes Corporation, an affiliate of the Rouse Company, with its
principal place of business at 10000 West Charleston Boulevard,
Las Vegas, Nevada.
(2) Red rock.--The term ``Red Rock'' means the Red Rock
Canyon National Conservation Area, consisting of approximately
195,780 acres of public lands in Clark County, Nevada,
specially designated for protection in the Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16 U.S.C.
460ccc et seq.), as depicted on the Red Rock Map.
(3) Red rock map.--The term ``Red Rock Map'' means the map
entitled ``H.R. 4141-Boundary Modifications'', dated July 1,
2002.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Red Rock is a natural resource of major significance to
the people of Nevada and the United States. It must be
protected in its natural state for the enjoyment of future
generations of Nevadans and Americans, and enhanced wherever
possible.
(2) In 1998, the Congress enacted the Southern Nevada
Public Lands Management Act of 1998 (Public Law 105-263), which
provided among other things for the protection and enhancement
of Red Rock.
(3) The Corporation owns much of the private land on Red
Rock's eastern boundary, and is engaged in developing a large-
scale master-planned community.
(4) Included in the Corporation's land holdings are 1,071
acres of high-ground lands at the eastern edge of Red Rock.
These lands were intended to be included in Red Rock, but to
date have not been acquired by the United States. The
protection of this high-ground acreage would preserve an
important element of the western Las Vegas Valley view-shed.
(5) The Corporation has volunteered to forgo development of
the high-ground lands, and proposes that the United States
acquire title to the lands so that they can be preserved in
perpetuity to protect and expand Red Rock.
(b) Purposes.--This Act has the following purposes:
(1) To accomplish an exchange of lands between the United
States and the Corporation that would transfer certain high-
ground lands to the United States in exchange for the transfer
of other lands of approximately equal value to the Corporation.
(2) To protect Red Rock and to expand its boundaries as
contemplated by the Bureau of Land Management, as depicted on
the Red Rock Map.
(3) To further fulfill the purposes of the Southern Nevada
Public Lands Management Act of 1998 and the Red Rock Canyon
National Conservation Area Establishment Act of 1990.
SEC. 4. RED ROCK LAND EXCHANGE.
(a) Acquisition Requirement.--If the Corporation offers to convey
to the United States all right, title, and interest in and to the
approximately 1,082 acres of nonfederal land owned by the Corporation
and depicted on the Red Rock Map as ``OFFERED LANDS TO BE INCORPORATED
INTO NCA'', the Secretary shall accept such offer on behalf of the
United States, and not later than 90 days after the date of the offer,
except as otherwise provided in this Act, shall make the following
conveyances:
(1) To the Corporation, the approximately 998 acres of
Federal lands depicted on the Red Rock Map as ``BLM LANDS
SELECTED FOR EXCHANGE''.
(2) To Clark County, Nevada, the approximately 1,221 acres
of Federal lands depicted on the Red Rock Map as ``BLM LANDS
FOR CLARK COUNTY PARK''.
(b) Simultaneous Conveyances.--Title to the private property and
the Federal property to be conveyed pursuant to this section shall be
conveyed at the same time.
(c) Map.--The Secretary shall keep the Red Rock Map on file and
available for public inspection in the Las Vegas District Office of the
Bureau of Land Management in Nevada, and the State Office of the Bureau
of Land Management, Reno, Nevada.
(d) Conditions--
(1) Hazardous materials.--As a condition of the conveyance
under subsection (a)(1), the Secretary shall require that the
Corporation be responsible for removal of and remediation
related to any hazardous materials that are present on the
property conveyed to the United States under subsection (a).
(2) Survey.--As a condition of the conveyance under
subsection (a)(1), the Secretary shall require that not later
than 90 days after the date of the offer referred to in
subsection (a), the Corporation shall provide a metes and
bounds survey, that is acceptable to the Corporation, Clark
County, and the Secretary, of the common boundary between the
parcels of land to be conveyed under subsection (a).
(3) Lands conveyed to clark county.--As a condition of the
conveyance under subsection (a)(2), the Secretary shall require
that--
(A) the lands transferred to Clark County by the
United States must be held in perpetuity by the County
for use only as a public park or as part of a public
regional trail system; and
(B) if the County attempts to transfer the lands or
to undertake a use on the lands that is inconsistent
with their preservation and use as described in
subparagraph (A), such lands shall revert to the United
States.
SEC. 5. STATUS AND MANAGEMENT OF LANDS.
(a) Inclusion of Basin Lands.--Upon the date of the enactment of
this Act, the Secretary shall administer the lands depicted on the Red
Rock Map as ``Flood Control Detention Basin Lands'', exclusive of those
lands used for the Corps of Engineers R-4 Detention Basin, as part of
Red Rock and in accordance with the Red Rock Canyon National
Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc et seq.),
the Southern Nevada Public Lands Management Act of 1998 (Public Law
105-263), and all other applicable laws.
(b) Inclusion of Acquired Lands; Maps Reflecting Boundary
Adjustments.--Upon acquisition by the United States of lands under this
Act, the Secretary shall--
(1) administer the lands as part of Red Rock and in
accordance with the Red Rock Canyon National Conservation Area
Establishment Act of 1990 (16 U.S.C. 460ccc et seq.), the
Southern Nevada Public Lands Management Act of 1998 (Public Law
105-263), and all other applicable laws; and
(2) create new maps showing the boundaries of Red Rock as
modified by or pursuant to this Act, and make such maps
available for review at the Las Vegas District Office of the
Bureau of Land Management and the State Office of the Bureau of
Land Management, Reno, Nevada.
(c) Conforming Amendment.--Section 3(a)(2) of the Red Rock Canyon
National Conservation Area Establishment Act of 1990 (16 U.S.C. 460ccc-
1(a)(2)) is amended by inserting before the period the following: ``,
and such additional areas as are included in the conservation area
pursuant to the Red Rock Canyon National Conservation Area Protection
and Enhancement Act of 2002''.
SEC. 6. GENERAL PROVISIONS.
(a) Review of Appraisal.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall complete a review of the
appraisal entitled ``Complete Self-Contained Appraisal Red Rock
Exchange, Las Vegas, Nevada'', completed on or about June 3, 2002. The
difference in appraisal values shall be reimbursed to the Secretary by
the Corporation in accordance with the Southern Nevada Public Lands
Management Act of 1998.
(b) Valid Existing Rights.--The land exchange under this Act shall
be subject to valid existing rights. Each party to which property is
conveyed under this Act shall succeed to the rights and obligations of
the conveying party with respect to any lease, right-of-way, permit, or
other valid existing right to which the property is subject.
(c) Technical Corrections.--Nothing in this Act prohibits the
parties to the conveyances under this Act from agreeing to the
correction of technical errors or omissions in the Red Rock Map.
(d) Withdrawal of Affected Lands.--To the extent not already
accomplished under law or administrative action, the Secretary shall
withdraw from operation of the public land and mining laws, subject to
valid existing rights--
(1) those Federal lands acquired by the United States under
this Act; and
(2) those Federal lands already owned by the United States
on the date of the enactment of this Act but included within
the Red Rock National Conservation Area boundaries by this Act.
Passed the House of Representatives October 1, 2002.
Attest:
Clerk. | Red Rock Canyon National Conservation Area Protection and Enhancement Act of 2002 - (Sec. 4) Directs the Secretary of the Interior, if the Howard Hughes Corporation offers to convey to the United States certain high-ground lands (at the eastern edge of the Red Rock Canyon National Conservation Area), to accept such offer and convey: (1) specified Federal lands to the Corporation; and (2) specified other Federal lands to Clark County, Nevada.Directs the Secretary to require, as conditions of such conveyance, that: (1) the Corporation be responsible for removal of and remediation related to any hazardous materials that are present on the property conveyed to the United States; (2) the Corporation provide a metes and bounds survey of the common boundary between the parcels of land to be conveyed that is acceptable to the Corporation, Clark County, and the Secretary; and (3) the lands transferred to the County must be used only as a public park or as part of a public regional trail system.(Sec. 5) Requires the Secretary to administer certain flood control detention basin lands and lands acquired under this Act as part of the Conservation Area and in accordance with the Red Rock Canyon National Conservation Area Establishment Act of 1990, the Southern Nevada Public Lands Management Act of 1998, and all other applicable laws.(Sec. 6) Directs the Secretary to complete a review of the Complete Self-Contained Appraisal Red Rock Exchange, Las Vegas, Nevada. Requires the difference in appraisal values to be reimbursed to the Secretary by the Corporation. Withdraws from operation of the public land and mining laws those Federal lands acquired by the United States under this Act and those Federal lands already owned by the United States but included within the Conservation Area's boundaries pursuant to this Act. | {"src": "billsum_train", "title": "To authorize the acquisition by exchange of lands for inclusion in the Red Rock Canyon National Conservation Area, Clark County, Nevada, and for other purposes."} | 2,042 | 385 | 0.672621 | 2.36267 | 0.780804 | 4.801775 | 5.372781 | 0.967456 |
SECTION 1. TEMPORARY AUTHORIZATION OF USE OF VETERANS CHOICE FUNDS FOR
CERTAIN PROGRAMS.
(a) In General.--Subsection (c) of section 802 of the Veterans
Access, Choice, and Accountability Act of 2014 (Public Law 113-146; 128
Stat. 1802) is amended--
(1) in paragraph (1), by striking ``Any amounts'' and
inserting ``Except as provided by paragraph (3), any amounts'';
and
(2) by adding at the end the following paragraph:
``(3) Temporary authority for other uses.--
``(A) Other non-department care.--In addition to
the use of amounts described in paragraph (1), of the
amounts deposited in the Veterans Choice Fund, not more
than $3,348,500,000 may be used by the Secretary during
the period described in subparagraph (C) for amounts
obligated by the Secretary on or after May 1, 2015, to
furnish health care to individuals pursuant to chapter
17 of title 38, United States Code, at non-Department
facilities, including pursuant to non-Department
provider programs other than the program established by
section 101.
``(B) Hepatitis c.--Of the amount specified in
subparagraph (A), not more than $500,000,000 may be
used by the Secretary during the period described in
subparagraph (C) for pharmaceutical expenses relating
to the treatment of Hepatitis C.
``(C) Period described.--The period described in
this subparagraph is the period beginning on the date
of the enactment of the VA Budget and Choice
Improvement Act and ending on October 1, 2015.
``(D) Reports.--Not later than 14 days after the
date of the enactment of the VA Budget and Choice
Improvement Act, and not less frequently than once
every 14-day period thereafter during the period
described in subparagraph (C), the Secretary shall
submit to the appropriate congressional committees a
report detailing--
``(i) the amounts used by the Secretary
pursuant to subparagraphs (A) and (B); and
``(ii) an identification of such amounts
listed by the non-Department provider program
for which the amounts were used.
``(E) Definitions.--In this paragraph:
``(i) The term `appropriate congressional
committees' means--
``(I) the Committee on Veterans'
Affairs and the Committee on
Appropriations of the House of
Representatives; and
``(II) the Committee on Veterans'
Affairs and the Committee on
Appropriations of the Senate.
``(ii) The term `non-Department facilities'
has the meaning given that term in section 1701
of title 38, United States Code.
``(iii) The term `non-Department provider
programs' means each program administered by
the Secretary of Veterans Affairs under which
the Secretary enters into contracts or other
agreements with health care providers at non-
Department facilities to furnish hospital care
and medical services to veterans, including
pursuant to the following:
``(I) Section 1703 of title 38,
United States Code.
``(II) The Veterans Choice Program
established by section 101 of the
Veterans Access, Choice, and
Accountability Act of 2014 (Public Law
113-146; 38 U.S.C. 1701 note).
``(III) The Patient Centered
Community Care Program (known as
`PC3').
``(IV) The pilot program
established by section 403 of the
Veterans' Mental Health and Other Care
Improvements Act of 2008 (Public Law
110-387; 38 U.S.C. 1703 note) (known as
`Project ARCH').
``(V) Contracts relating to
dialysis.
``(VI) Agreements entered into by
the Secretary with--
``(aa) the Secretary of
Defense, the Director of the
Indian Health Service, or the
head of any other department or
agency of the Federal
Government; or
``(bb) any academic
affiliate or other non-
governmental entity.
``(VII) Programs relating to
emergency care, including under
sections 1725 and 1728 of title 38,
United States Code.''.
(b) Conforming Amendment.--Subsection (d)(1) of such section is
amended by inserting before the period at the end the following: ``(or
for hospital care and medical services pursuant to subsection (c)(3) of
this section)''.
SEC. 2. EMERGENCY DESIGNATIONS.
(a) In General.--This title, except for section 7, is designated as
an emergency requirement pursuant to section 4(g) of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 933(g)).
(b) Designation in Senate.--In the Senate, this title, except for
section 7, is designated as an emergency requirement pursuant to
section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent
resolution on the budget for fiscal year 2010. | Grants the Department of Veterans Affairs (VA) temporary authority (through October 1, 2015) to use certain transfers from the Veterans Choice Fund to pay for health care for eligible veterans at non-VA facilities, including pharmaceuticals for treatment of Hepatitis C. | {"src": "billsum_train", "title": "To provide for the temporary use of Veterans Choice Funds for certain programs, and for other purposes."} | 1,123 | 54 | 0.593101 | 1.444682 | 0.882138 | 2.145833 | 21.395833 | 0.854167 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) California rapid population growth and the lack of
understanding about the environmental impacts of this growth
have caused a number of serious present and potential barriers
to future economic development of California.
(2) California has great environmental complexity and
diversity and a great variety of human interventions in its
ecosystem.
(3) Future environmental policies for California must be
informed by careful cost-benefit analysis that considers the
serious risks, and the benefits, of environmental policy.
(4) The establishment of a California Urban Environmental
Research and Education Center would promote environmentally
sound economic development in California and ensure that
continued sustainable economic development can occur.
(5) Due to the closing of many military facilities and
installations in California, such a Center can provide
important assistance to the process of converting defense
resources to non-defense uses.
SEC. 2. ESTABLISHMENT.
(a) Establishment.--The Administrator of the Environmental
Protection Agency shall establish the California Urban Environmental
Research and Training Center.
(b) Cooperative Agreement.--
(1) Authority.--If the California State University, Hayward
consents to the agreement and provides the matching funds
required by paragraph (2), the Administrator shall enter into a
cooperative agreement with the California State University,
Hayward to establish the Center. The California State
University, Hayward shall work in close cooperation with other
universities of the California State University system
(including the California State Universities at Sacramento, San
Jose, San Francisco, and Sonoma) in the research and policy
analysis performed under any such cooperative agreement.
(2) Matching funds.--In order to receive the cooperative
agreement described in paragraph (1), the California State
University, Hayward, shall guarantee matching funds or in-kind
resources equal to 20 percent of the funds received from the
Center. The Center and the California State University, Hayward
shall, to the maximum extent practicable, solicit additional
funds or in-kind contributions from State, local, and private
sources to increase the ability of the Center to conduct
research and education projects under this Act.
(3) Membership.--A university in the California State
University system or a university in California which is not a
university in the California State University system may become
a member of the Center under such guidelines and conditions as
are reasonable and mutually agreeable to the Center and the
university.
(c) Governing Board.--
(1) Initial appointments.--For the two-year period
beginning on the date of the establishment of the Center, the
Center shall have a Governing Board composed of the following:
(A) The Executive Director of the Center.
(B) One member appointed by the President of the
California State University, Hayward.
(C) One member appointed by the President of the
California State University, Sacramento.
(D) One member appointed by the President of the
California State University, San Jose.
(E) One member appointed by the President of the
California State University, San Francisco.
(F) One member appointed by the President of the
California State University, Sonoma.
(2) Subsequent appointments.--After the two-year period
referred to in paragraph (1), the composition of the Governing
Board shall be determined by the sitting members of the
Governing Board, in consultation with the Presidents of each
university of the California State University system.
(3) Duties.--It shall be the duty of the Governing Board--
(A) to establish criteria for membership in the
Center;
(B) to establish criteria and requirements for the
contribution of Matching funds or in kind contributions
by member universities and those applying for
membership in the Center;
(C) to establish guidelines for fair representation
on the Governing Board of universities that are not
universities of the California State University system;
(D) to establish how scholarships, fellowships, and
grants will be awarded by the Center; and
(E) to perform such other duties as the Governing
Board considers necessary to carry out the functions of
the Center under this Act.
(d) Executive Director; Staff.--
(1) Executive Director.--The Center shall have an Executive
Director who shall be appointed for a five-year term. The
President of the California State University, Hayward shall
make the initial appointment of an Executive Director for a
five-year term beginning on the date of the establishment of
the Center. The Governing Board shall appoint each Executive
Director appointed after the initial appointment.
(2) Staff.--The Executive Director shall annually submit to
the Governing Board a budget. The Governing Board shall approve
the budget each year.
(e) Principal Office.--A principal office and education conference
facility for the Center may be located in the Presidio in San
Francisco, California. The use of the Presidio as a pricipal office and
education conference facility for the Center should be considered as
part of the planning process for uses for the Presidio.
(f) Before the end of the two-year period beginning on the date of
the establishment of the Center, the Governing Board shall establish a
second office and facility to be located in Southern California,
convenient to member universities.
SEC. 3. FUNCTIONS.
(a) In General.--The Center shall have the following functions:
(1) To develop an ongoing program of environmental
research, education, and outreach that can be used by the
Federal Government, State and local governments, and the
private sector to ensure that future government policies to
encourage economic development in California are grounded on
sound, sustainable environmental and economic principles.
(2) To foster public-private partnerships to find solutions
to the environmental problems of California.
(3) To bring together researchers from the members of the
Center to focus on the most important environmental problems of
California related to sustainable economic development, with
the aim of analysis and synthesis of policy implications and
dissemination of research findings.
(4) To support the following activities:
(A) The coordination and funding of research
activities of universities for collaborative collection
and evaluation of data on Californias geology,
hydrology, soils, biology, weather and climate, natural
hazards, demography, infrastructure, resource use,
land-use patterns, land-ownership patterns, business
development, environmental equity, and regulatory
zones.
(B) The analysis of public policy implications of
economic development programs that affect the ecology
of California.
(C) The conduct of seminars and other educational
programs for policy makers in the Federal Government,
State and local governments, and the private sector on
the implications of the findings and conclusions
derived from the Center's activities. The Center shall
use electronic technology, such as computer networks
and video conferencing, to convey the cumulative
findings and conclusions derived from the Center's
activities and to foster an exchange of ideas.
(D) The conduct, not more than once each year, of a
national conference on ecology and sustainable economic
development for business and labor leaders to foster an
exchange of ideas and information.
(E) The provision of ready access to the Center's
collective expertise for policy makers in the Federal
Government and State and local governments, and for
representatives of private- and public-sector
organizations, through meetings, publications, special
reports, video, electronic mail, computer networks, and
other means to share up-to-date information on research
findings and policy development for sustainable
economic development.
(F) The development of educational programs,
curricula, and instructional materials for colleges,
universities, and other educational institutions to
impart the knowledge and skills required to implement
environmentally sustainable economic development.
(G) The development of bachelors and masters degree
programs for individuals who have lost or may lose
employment as a result of cutbacks in defense spending
to prepare such individuals for employment as
environmental professionals, and the development of
certification programs in environmental sciences and
studies for such individuals.
(H) The preparation of minority students for
environmental professions, including the development of
an enriched curriculum in the environmental sciences at
the baccalaureate and post-graduate levels for
underrepresented minority students to prepare such
students for careers in various environmental areas,
such as environmental health and the clean-up of
military installations and facilities.
(I) The development and administration of a
national repository of information on key environmental
and related economic development issues that can be
readily accessed by private- and public-sector
entities, including the imposition, if necessary, of a
fee for users of the repository to cover the cost of
its operation.
(5) To work closely with other university research centers
for which funds have been provided by the Environmental
Protection Agency to help establish a National Environmental
Outreach Program to assist the Federal Government, State and
local governments, and the private sector in programs and
projects designed to promote environmentally sound economic
development.
(6) To work closely with Federally-funded research centers,
such as the Lawrence-Livermore National Research Laboratory, to
foster the transfer and application of environmental technology
to the private sector.
(7) To assist small businesses in meeting environmental
regulations by providing short courses and conferences and to
develop methods and models by which small businesses may
finance ``green'' investment where private-sector funds are
otherwise not generally available.
(8) To work closely, as requested, with public-sector
officials, private-sector businesses, and individuals seeking
alternative uses for military installations and facilities that
have been or are about to be closed to assist in planning the
environmental aspects of the conversion and clean-up of the
installations and facilities.
(9) During its first year, to develop a plan, in
conjunction with other universities to extend the activities of
the Center throughout the State within two years. The plan
shall pay particular attention to the need for environmentally
sound conversion and economic use of military installations and
facilities throughout the State.
(b) Scholarships and Fellowships.--
(1) Scholarships.--The Center may provide for the award of
undergraduate scholarships for individuals studying in
environmental fields at universities that are members of the
Center. Individuals who have lost or may lose employment as a
result of the closing of a military installation or facility in
the State of California shall have a preference over other
individuals in the award of scholarships under this paragraph.
(2) Fellowships.--The Center may provide for the award of
graduate assistantships and fellowships at the Center to
encourage study in fields related to sustainable economic
development and the award of research grants to faculty to
encourage research critical to fulfillment of the activities
and aims of the Center.
SEC. 4. REPORT.
The Center shall annually submit to the Administrator a report on
the activities of the Center and on any changing budget needs. The
Center shall include in the first report submitted under this
subsection a statement of any additional funds that may be required to
extend the activities of the Center throughout the State.
SEC. 5. GIFTS AND DONATIONS.
The Center may receive funds and other property donated,
bequeathed, or devised to the Center with or without a condition of
restriction, for the purpose of furthering the activities of the
Center. All funds donated, bequeathed, or devised to the Center shall
be retained in a separate account. Each annual report submitted
pursuant to section 4 shall include an accounting of the funds and
property donated, bequeathed, or devised to the Center during the year
covered by the annual report.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``Center'' means the California Urban
Environmental Research and Education Center established
pursuant to section 2.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act $2,500,000 for fiscal year 1995 and such sums as may be
necessary for each of fiscal years 1996 through 1999.
(b) Availability.--Funds appropriated pursuant to the authority of
subsection (a) shall remain available until expended.
(c) Matching Funds.--The Center shall make a good faith effort to
match the amount of funds appropriated pursuant to this section with
funding from State and local governments and the private sector. | Directs the Administrator of the Environmental Protection Agency to: (1) establish the California Urban Environmental Research and Training Center; and (2) enter into a cooperative agreement with California State University, Hayward, to establish the Center if the university agrees and meets a specified matching fund requirement.
Authorizes universities in California to become members of the Center.
Requires the Center to: (1) develop an ongoing program of environmental research, education, and outreach to ensure that future government policies to encourage economic development in California are grounded on sustainable environmental and economic policies; (2) foster public-private partnerships to find solutions to the environmental problems of California; (3) bring together researchers to focus on the most important environmental problems related to sustainable economic development; (4) support specified activities, including collaborative university research, analysis of public policy implications of economic development programs, the conduct of seminars and conferences, the development of educational programs, the preparation of minority students for environmental professions, and the development of a repository of information on key environmental and economic development issues; (5) assist small businesses in meeting environmental regulations by providing short courses and conferences; (6) work on alternative uses for military installations to assist in planning the environmental aspects of conversion and clean-up; and (7) develop a plan to extend its activities throughout the State within two years.
Authorizes the Center to provide: (1) undergraduate scholarships for individuals studying in environmental fields at universities that are members of the Center; and (2) graduate assistantships and fellowships to encourage study in fields related to sustainable economic development and research grants to faculty.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish the California Urban Environmental Research and Education Center."} | 2,532 | 323 | 0.663344 | 2.104327 | 0.908191 | 4.222222 | 7.842593 | 0.95679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Red River Private Property
Protection Act''.
SEC. 2. DISCLAIMER OF INTEREST.
The Secretary hereby disclaims any right, title, and interest to
all Red River lands located south of the South Bank of the Red River.
This Act does not change or affect in any manner the sovereignty rights
of federally recognized Indian tribes over lands located to the north
of the South Bank of the Red River. Tribal sovereignty rights continue
to be established and defined by controlling Federal law.
SEC. 3. CLAIMS PROCESS AND ISSUANCE OF DEEDS.
(a) In General.--The Secretary shall relinquish, disclaim, and
shall transfer by special warranty deed all right, title, and interest
of the United States in and to Red River lands to any claimant who
demonstrates to the satisfaction of the Secretary that the claimant--
(1) holds all right, title, and interest under a chain of
title for at least 30 years from the time of submission;
(2) has a deed recorded in the appropriate county; and
(3) has paid all taxes assessed on the land and any
interest and penalties associated with any period of tax
delinquency.
(b) Public Notification.--The Secretary shall publish in the
Federal Register and on official and appropriate Web sites the process
to receive written and/or electronic submissions of the documents
required under subsection (a). The Secretary shall treat all proper
notifications received from the claimant as fulfilling the satisfaction
requirements under subsection (a).
(c) Standard of Approval.--The Secretary shall accept all official
county and State records as filed in the county on the date of
submission proving right, title, and interest, including all land
accreted to those lands identified by such records by the processes of
erosion and accretion.
(d) Time Period for Approval or Disapproval of Request.--The
Secretary shall approve or disapprove a request for a special warranty
deed under subsection (a) not later than 180 days after the date on
which the written request is received by the Secretary. If the
Secretary fails to approve or disapprove such a request by the end of
such 180-day period, the request shall be deemed to be approved.
(e) Requirements for Decision.--Any final decision by the Secretary
must contain--
(1) a field note description used to determine the property
claim, which must be--
(A) sufficient to locate the land on the ground;
(B) consistent with the claimant's deed; and
(C) include all land accreted to the claimant by
the processes of erosion and accretion;
(2) an accurate plat of the land that is--
(A) consistent with the field notes; and
(B) prepared by a Texas licensed State land
surveyor; and
(3) any other matters required by law or as the Secretary
considers appropriate consistent with the provisions and intent
of this Act.
SEC. 4. ADMINISTRATIVE HEARING.
(a) In General.--The Secretary shall establish procedures for an
administrative hearing--
(1) for a claimant to appeal the final decision made
pursuant to section 3 regarding a claim by Secretary to the
claimant's property; and
(2) to adjudicate disputes between two or more private
property owners who have interest claims that overlap pursuant
to documents submitted under section 3.
(b) Judicial Resolution.--If after the final determination has been
issued under subsection (a) and the private property owner disputes the
decision, the private property owner may pursue a claim in a Federal
district court within the State of Texas.
SEC. 5. RESOURCE MANAGEMENT PLAN.
The Secretary shall ensure that no parcels of Red River lands are
treated as Federal land for the purpose of any resource management plan
until the Secretary has ensured that such parcels are not subject to
transfer under section 3.
SEC. 6. CONSTRUCTION.
Nothing in this Act shall alter--
(1) any present or future rights and interests of the
Kiowa, Comanche, and Apache Tribes and their members or Indian
successors-in interest;
(2) any tribal trust lands;
(3) allotted lands that may be held in trust or lands
subject to a Federal restriction against alienation;
(4) any boundaries of lands owned by the tribes referred to
in paragraph (1), including lands referred to in paragraphs (2)
and (3), pursuant to the gradient boundary survey method; and
(5) the sovereign rights, jurisdiction, or other
governmental interests of the Kiowa, Comanche, and Apache
Tribes and their members or Indian successors-in interest
existing or which may be acknowledged by Federal and tribal
law.
SEC. 7. SALE OF REMAINING RED RIVER SURFACE RIGHTS.
(a) Competitive Sale of Identified Federal Lands.--After the
Secretary has ensured that Red River lands parcels are not subject to
transfer under section 3, the Secretary shall offer any and all such
remaining identified Federal lands for disposal by competitive sale for
not less than fair market value as determined by an appraisal conducted
in accordance with nationally recognized appraisal standards, including
the Uniform Appraisal Standards for Federal Land Acquisitions; and the
Uniform Standards of Professional Appraisal Practice.
(b) Existing Rights.--The sale of identified Federal lands under
this section shall be subject to valid existing tribal, State, and
local rights.
(c) Proceeds of Sale of Lands.--Net proceeds from the sale of
identified Federal lands under this section shall be used to offset any
costs associated with this Act.
(d) Report.--Not later than 5 years after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a list of any identified Federal
lands that have not been sold under subsection (a) and the reasons such
lands were not sold.
SEC. 8. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Red River lands'' means lands along the
approximately 116-mile stretch of the Red River from its
confluence with the North Fork of the Red River on the west to
the 98th meridian on the east between the States of Texas and
Oklahoma;
(2) the term ``Secretary'' means the Secretary of the
Interior, acting through the Director of Bureau of Land
Management;
(3) the term ``South Bank'' means the water-washed and
relatively permanent elevation or acclivity, commonly called a
cut bank, along the southerly or right side of the Red River
which separates its bed from the adjacent upland, whether
valley or hill, and usually serves to confine the waters within
the bed and to preserve the course of the river; as specified
in the fifth paragraph of the decree rendered March 12, 1923,
in Oklahoma v. Texas, 261 U. S. 340, 43 S. Ct. 376, 67 L. Ed.
687; and
(4) the term ``gradient boundary survey'' means the
measurement technique used to demarcate a division of ownership
or jurisdiction along the South Bank under the methodology
established by the United States Supreme Court which recognizes
that the boundary line between the States of Texas and Oklahoma
along the Red River is subject to such changes as have been or
may be wrought by the natural and gradual processes known as
erosion and accretion as specified in the second, third, and
fourth paragraphs of the decree rendered March 12, 1923, in
Oklahoma v. Texas, 261 U. S. 340, 43 S. Ct. 376, 67 L. Ed. 687. | Red River Private Property Protection Act - (Sec. 2) States that the Secretary of the Interior, acting through the Bureau of Land Management (BLM), disclaims interest to certain lands along a stretch of the Red River between Texas and Oklahoma located south of the South Bank as specified in the Supreme Court decree rendered March 12, 1923, in Oklahoma v. Texas. (Sec. 3) Directs the BLM to relinquish, disclaim, and transfer, by special warranty deed, all interest of the United States in and to a specified stretch of Red River lands to any claimant who demonstrates: (1) an interest under a chain of title for at least 30 years from the time of submission, (2) a deed recorded in the appropriate county, and (3) payment of all taxes assessed on the land and any interest and penalties associated with any period of tax delinquency. Requires publication in the Federal Register and on official and appropriate websites of a process for receiving submissions of such documents. Sets forth standards for the BLM to approve or disapprove special warranty deed requests. (Sec. 4) Requires administrative hearing procedures to be established for appeals of BLM decisions or adjudications of disputes between property owners with overlapping claims. Allows property owners who dispute final administrative decisions to pursue claims in a Texas federal court. (Sec. 5) Instructs the BLM to ensure that no parcels of Red River lands are treated as federal land for the purpose of any resource management plan until the BLM has ensured that such parcels are not subject to transfer by this Act. (Sec. 6) Prohibits this Act from altering: (1) interests of the Kiowa, Comanche, and Apache Tribes; (2) tribal trust lands; (3) allotted lands that may be held in trust or lands subject to a federal restriction against alienation; (4) boundaries of certain tribe-owned lands pursuant to the gradient boundary survey method established in the Supreme Court decree; and (5) the sovereign rights, jurisdiction, or governmental interests of those tribes. (Sec. 7) Directs the BLM, after ensuring that Red River lands parcels are not subject to transfer to a claimant, to offer remaining identified federal lands for disposal by competitive sale for at least fair market value. Requires sales to be subject to existing tribal, state, and local rights. Requires the BLM, within five years after enactment of this Act, to submit to Congress a list of identified federal lands that have not been sold and the reasons those lands were not sold. | {"src": "billsum_train", "title": "Red River Private Property Protection Act"} | 1,695 | 604 | 0.671159 | 2.488977 | 0.749418 | 4.477642 | 3.152439 | 0.904472 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Everyone Deserves Unconditional
Access to Education (EDUCATE) Act''.
SEC. 2. AMENDMENT TO IDEA.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $12,068,264,000 or 19 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2008, and there are hereby appropriated
$1,500,029,000 or 2.4 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2008, which shall become available for obligation on
July 1, 2008, and shall remain available through
September 30, 2009;
``(B) $13,781,789,000 or 21.2 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2009, and there are hereby appropriated
$3,209,117,000 or 4.9 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2009, which shall become available for obligation on
July 1, 2009, and shall remain available through
September 30, 2010;
``(C) $15,738,479,000 or 23.5 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2010, and there are hereby appropriated
$5,156,400,000 or 7.7 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2010, which shall become available for obligation on
July 1, 2010, and shall remain available through
September 30, 2011;
``(D) $17,972,975,000 or 26.2 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2011, and there are hereby appropriated
$7,375,074,000 or 10.7 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2011, which shall become available for obligation on
July 1, 2011, and shall remain available through
September 30, 2012;
``(E) $20,524,716,000 or 29.1 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2012, and there are hereby appropriated
$9,902,965,000 or 14 percent of the amount determined
under paragraph (2), whichever is less, for fiscal year
2012, which shall become available for obligation on
July 1, 2012, and shall remain available through
September 30, 2013;
``(F) $23,438,744,000 or 32.4 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2013, and there are hereby appropriated
$12,783,166,000 or 17.7 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2013, which shall become available for
obligation on July 1, 2013, and shall remain available
through September 30, 2014;
``(G) $26,766,497,000 or 36 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2014, and there are hereby appropriated
$16,064,780,000 or 21.6 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2014, which shall become available for
obligation on July 1, 2014, and shall remain available
through September 30, 2015;
``(H) $30,566,712,000 or 40 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2015, and there are hereby appropriated
$19,803,751,000 or 25.9 percent of the amount
determined under paragraph (2), whichever is less, for
fiscal year 2015, which shall become available for
obligation on July 1, 2015, and shall remain available
through September 30, 2016; and
``(I) 40 percent of the amount determined under
paragraph (2) for fiscal year 2016 and each subsequent
fiscal year, and there are hereby appropriated 26.2
percent of the amount determined under paragraph (2)
for fiscal year 2016 and each subsequent fiscal year,
which shall become available for obligation (A) with
respect to fiscal year 2016, on July 1, 2016, and shall
remain available through September 30, 2017, and (B)
with respect to each subsequent fiscal year, on July 1
of that fiscal year and shall remain available through
September 30 of the succeeding fiscal year.
``(2) Amount.--The amount referred to in each of
subparagraphs (A) through (I) of paragraph (1) is--
``(A) the number of children with disabilities in
the 2004-2005 school year in all States who received
special education and related services--
``(i) aged 3 through 5 if the States are
eligible for grants under section 619; and
``(ii) aged 6 through 21; multiplied by
``(B) 40 percent of the average per-pupil
expenditure in public elementary schools and secondary
schools in the United States; adjusted by
``(C) the rate of annual change in the sum of--
``(i) 85 percent of the population of all
States described in subsection
(d)(3)(A)(i)(II); and
``(ii) 15 percent of the population of all
States described in subsection
(d)(3)(A)(i)(III).''.
SEC. 3. OFFSETS.
The amounts appropriated in 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2
of this Act, shall be expended consistent with pay-as-you-go
requirements. | Everyone Deserves Unconditional Access to Education (EDUCATE) Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize part B programs of education of all children with disabilities.
Authorizes appropriations in specified amounts for part B for FY2008-FY2016 and thereafter, according to a certain formula. (Provides phased-in increases of such authorized funding designed to reach a promised 40% federal share by FY2015.) Makes appropriations in specified amounts (which are less than the amounts this Act authorizes to be appropriated) for part B for FY2008-FY2016 and thereafter. Requires such amounts to be expended consistent with pay-as-you-go requirements. | {"src": "billsum_train", "title": "To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part."} | 1,217 | 167 | 0.373791 | 1.084878 | 0.763227 | 2.256 | 9.4 | 0.736 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Code of Conduct on Arms Transfers
Act of 1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Approximately 40,000,000 people, over 75 percent
civilians, died as a result of civil and international wars
fought with conventional weapons during the 45 years of the
cold war, demonstrating that conventional weapons can in fact
be weapons of mass destruction.
(2) Conflict has actually increased in the post cold war
era, with 26 wars in progress during 1992.
(3) War is both a human tragedy and an ongoing economic
disaster affecting the entire world, including the United
States and its economy, because it decimates both local
investment and potential export markets.
(4) International trade in conventional weapons increases
the risk and impact of war in an already over-militarized
world, creating far more costs than benefits for the United
States economy through increased United States defense and
foreign assistance spending and reduced demand for United
States civilian exports.
(5) The newly established United Nations Register of
Conventional Arms can be an effective first step in support of
limitations on the supply of conventional weapons to developing
countries and compliance with its reporting requirements by a
foreign government can be an integral tool in determining the
worthiness of such government for the receipt of United States
military assistance and arms transfers.
(6) It is in the national security and economic interests
of the United States to reduce dramatically the
$1,000,000,000,000 that all countries spend on armed forces
every year, $200,000,000,000 of which is spent by developing
countries, an amount equivalent to 4 times the total bilateral
and multilateral foreign assistance such countries receive
every year.
(7) According to the Congressional Research Service, the
United States supplies more conventional weapons to developing
countries than all other countries combined, averaging
$15,600,000,000 a year in agreements to supply such weapons to
developing countries since the end of the cold war, compared to
$7,000,000,000 a year in such agreements prior to the
dissolution of the Soviet Union.
(8) In recent years the vast majority of United States arms
transfers to developing countries are to countries with an
undemocratic form of government whose citizens, according to
the Department of State Country Reports on Human Rights
Practices do not have the ability to peaceably change their
form of government.
(9) Although a goal of United States foreign policy should
be to work with foreign governments and international
organizations to reduce militarization and dictatorship and
therefore prevent conflicts before they arise, during 3 recent
deployments of United States Armed Forces--to the Republic of
Panama, the Persian Gulf, and Somalia--such Armed Forces faced
conventional weapons that had been provided or financed by the
United States to undemocratic governments.
(10) The proliferation of conventional arms and conflicts
around the globe are multilateral problems, and the fact that
the United States has emerged as the world's primary seller of
conventional weapons, combined with the world leadership role
of the United States, signifies that the United States is in a
position to seek multilateral restraints on the competition for
and transfers of conventional weapons.
(11) Congress has the constitutional responsibility to
participate with the executive branch in decisions to provide
military assistance and arms transfers to a foreign government,
and in the formulation of a policy designed to reduce
dramatically the level of international militarization.
(12) A decision to provide military assistance and arms
transfers to a government that is undemocratic, does not
adequately protect human rights, is currently engaged in acts
of armed aggression, or is not fully participating in the
United Nations Register of Conventional Arms, should require a
higher level of scrutiny than does a decision to provide such
assistance and arms transfers to a government to which these
conditions do not apply.
SEC. 3. PURPOSE.
The purpose of this Act is to provide clear policy guidelines and
congressional responsibility for determining the eligibility of foreign
governments to be considered for United States military assistance and
arms transfers.
SEC. 4. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND ARMS
TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS.
(a) Prohibition.--Except as provided in subsections (b) and (c),
United States military assistance and arms transfers may not be
provided to a foreign government for a fiscal year unless the President
certifies to the Congress for that fiscal year that such government
meets the following requirements:
(1) Promotes democracy.--Such government--
(A) was chosen in free and fair elections and
permits free and fair elections to take place;
(B) promotes civilian control of the military and
security forces, and has civilian institutions that
determine national security policy and control the
operations and spending of the armed forces, security
forces, and police or other law enforcement forces;
(C) promotes the rule of law, equality before the
law, and respect for individual and minority rights,
including freedom to speak, publish, associate, and
organize;
(D) promotes the strengthening of the political and
civil infrastructure of democracy, including democratic
legislatures and local government structures and
institutions of civil society that emphasize pluralism
and autonomy from the central government; and
(E) promotes strong internal and autonomous
institutions and groups to monitor the conduct of
public officials and to combat corruption.
(2) Respects human rights.--Such government--
(A) does not engage in gross violations of
internationally recognized human rights, including--
(i) extra judicial or arbitrary executions;
(ii) disappearances;
(iii) torture or severe mistreatment;
(iv) prolonged arbitrary imprisonment;
(v) systematic official discrimination on
the basis of race, ethnicity, religion, gender,
or national origin; and
(vi) grave breaches of international laws
of war or equivalent violations of the laws of
war in internal conflicts;
(B) vigorously investigates, disciplines, and
prosecutes those responsible for gross violations of
internationally recognized human rights;
(C) permits access on a regular basis to political
prisoners by international humanitarian organizations
such as the International Committee of the Red Cross;
(D) promotes the independence of the judiciary and
other official bodies that oversee the protection of
human rights;
(E) does not impede the free functioning of
domestic and international human rights organizations;
and
(F) provides access on a regular basis to
humanitarian organizations in situations of conflict or
famine.
(3) Not engaged in certain acts of armed aggression.--Such
government is not currently engaged in acts of armed aggression
in violation of international law.
(4) Full participation in u.n. register of conventional
arms.--Such government is fully participating in the United
Nations Register of Conventional Arms by annually reporting to
such Register--
(A) the number and type of conventional weapons
that such government possessed during the preceding
year; and
(B) the number and type of conventional weapons
transferred to and from the country of such government
during the preceding year.
(b) Requirement for Continuing Compliance.--Any certification with
respect to a foreign government for a fiscal year under subsection (a)
shall cease to be effective for that fiscal year if the President
certifies to the Congress that such government has not continued to
comply with the requirements contained in paragraphs (1) through (4) of
such subsection.
(c) Exemption.--The prohibition contained in subsection (a) shall
not apply with respect to a foreign government for a fiscal year if--
(1) the President submits a request for an exemption to the
Congress containing a determination that it is in the national
security interest of the United States to provide military
assistance and arms transfers to such government; and
(2) the Congress enacts a law approving such exemption
request.
(d) Notification to Congress.--The President shall submit to the
Congress initial certifications under subsection (a) and requests for
exemptions under subsection (c) in conjunction with the submission of
the annual request for enactment of authorizations and appropriations
for foreign assistance programs for a fiscal year and shall, where
appropriate, submit additional or amended certifications and requests
for exemptions at any time thereafter in the fiscal year.
SEC. 5. SENSE OF THE CONGRESS.
It is the sense of the Congress that the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate should hold hearings on controversial
certifications submitted under section 4(a) and all requests for
exemptions submitted under section 4(c).
SEC. 6. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED.
For purposes of this Act, the terms ``United States military
assistance and arms transfers'' and ``military assistance and arms
transfers'' mean--
(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
sections 516 through 519 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);
(3) assistance under the ``Foreign Military Financing
Program'' under section 23 of the Arms Export Control Act; or
(4) the transfer of defense articles, defense services, or
design and construction services under the Arms Export Control
Act, including defense articles and defense services licensed
or approved for export under section 38 of that Act. | Code of Conduct on Arms Transfers Act of 1993 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen in free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms by annually reporting to the Register the number and type of conventional weapons possessed by, and transferred to and from, the country during the preceding year.
Authorizes an exemption from such prohibition for a fiscal year if: (1) the President requests an exemption from the Congress stating that it is in the national security interest to provide military assistance and arms transfers to a government; and (2) the Congress enacts a law approving such request.
Requires the President to submit initial certifications and requests for exemptions in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance.
Expresses the sense of the Congress that the House Foreign Affairs Committee and the Senate Foreign Relations Committee should hold hearings on controversial certifications and all requests for exemptions. | {"src": "billsum_train", "title": "Code of Conduct on Arms Transfers Act of 1993"} | 1,999 | 330 | 0.549887 | 1.884054 | 0.626637 | 4.266212 | 6.600683 | 0.969283 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Housing Our Heroes Act''.
SEC. 2. ESTABLISHMENT OF PILOT GRANT PROGRAM FOR HOMELESS VETERANS.
(a) Establishment.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall commence
a pilot grant program to assess the feasibility and advisability of
awarding grants to eligible entities to purchase and renovate abandoned
homes for homeless veterans.
(b) Grants.--
(1) Award.--In carrying out the pilot program under
subsection (a), the Secretary shall award grants to eligible
entities to purchase and renovate abandoned homes for homeless
veterans.
(2) Maximum amount.--The amount of a single grant awarded
under paragraph (1) shall not exceed $1,000,000.
(3) Number.--The Secretary may award to an eligible entity
more than one grant under paragraph (1).
(c) Eligible Entities.--The Secretary may award a grant under
subsection (b)(1) to any of the following:
(1) A veterans service agency.
(2) A veterans service organization.
(3) Homeless organizations.
(4) Any other nongovernmental organization.
(d) Selection of Grant Recipients.--
(1) Application.--Any eligible entity seeking a grant under
subsection (b)(1) shall submit to the Secretary an application
therefore in such form and in such manner as the Secretary
considers appropriate.
(2) Requirements.--The Secretary may only award grants
under subsection (b)(1) to an eligible entity that
demonstrates, as determined by the Secretary--
(A) a record of financial stability; and
(B) experience in developing housing for homeless
veterans.
(3) Selection priority.--
(A) Communities with greatest need.--Subject to
subparagraph (B), in accordance with regulations the
Secretary shall prescribe, the Secretary shall give
priority in the awarding of grants under subsection
(b)(1) to eligible entities who serve communities that
the Secretary determines have the greatest need of
homeless services.
(B) Geographic distribution.--The Secretary may
give priority in the awarding of grants under
subsection (b)(1) to achieve a fair distribution, as
determined by the Secretary, among homeless veterans in
different geographical regions.
(C) Other agreements.--In awarding a grant under
subsection (b)(1) to an eligible entity in a location
determined pursuant to subparagraphs (A) and (B), the
Secretary shall give preference to eligible entities
that are entered into an agreement with the Secretary
under section 2041 of title 38, United States Code.
(e) Use of Grant Funds.--
(1) Purposes.--A grantee may use amounts of a grant awarded
to the grantee under subsection (b)(1) to purchase or renovate
abandoned homes, including homes that have been foreclosed.
(2) Maximum purchase amount.--The Secretary shall establish
maximum amounts, based on geography, for grants awarded under
subsection (b)(1) that may be used for the purchase of a single
home.
(3) Payment program.--
(A) The United States shall not have any ownership
interest in a home that is purchased by a grantee using
amounts of a grant awarded under subsection (b)(1).
(B) Each grantee shall ensure that, beginning one
year after the date on which a veteran begins to reside
in a home purchased or renovated by the grantee using a
grant awarded under subsection (b)(1), the veteran
makes monthly payments to the grantee in an amount
determined appropriate by the grantee that is not less
than 85 percent of the fair market rent for such home.
(C) Each grantee shall determine whether payments
made by a veteran under subparagraph (B) shall be
treated as rent or as a mortgage for the home for which
the veteran is making such payments. The Secretary, in
coordination with the Secretary of Housing and Urban
Development, shall determine the requirements for such
payments.
(D) Each grantee shall pay to the Secretary of
Veterans Affairs not less than 80 percent of each
payment received under subparagraph (B).
(E) The Secretary may conduct an audit of any
grantee to ensure that the grantee carries out this
paragraph.
(4) Veterans homelessness grant fund.--
(A) There is established in the Treasury a fund to
be known as the ``Veterans Homelessness Grant Fund''
(in this paragraph referred to as the ``Fund'').
(B) The Secretary shall deposit into the Fund the
payments collected by the Secretary under paragraph
(3)(D).
(C) Amounts deposited into the Fund pursuant to
subparagraph (B) shall be available to the Secretary to
carry out the pilot program under subsection (a)
without further appropriation. The Secretary may not
use such amounts from the Fund for any other purpose
unless pursuant to a specific provision of law.
(f) Duration.--The Secretary shall carry out the pilot program
under subsection (a) during the three-year period beginning on the date
of the commencement of the pilot program.
(g) Consultation.--The Secretary may consult with nongovernmental
entities in developing the pilot program under subsection (a).
(h) Annual Reports.--During each year in which the Secretary
carries out the pilot program under subsection (a), the Secretary shall
submit to Congress a report that details, with respect to the year
covered by the report, the number of grants awarded, the amounts so
awarded, the progress of home purchase and renovation made by eligible
entities using such grants, and the number of tenants currently paying
rent towards such homes.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary a total of $25,000,000 to carry out the
pilot program under subsection (a).
(j) Homeless Veteran Defined.--In this section, the term ``homeless
veteran'' means any of the following veterans:
(1) A veteran who is eligible to receive housing, clinical
services, and case management assistance under section 8(o)(19)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)).
(2) A veteran who is receiving--
(A) assistance from, or is the beneficiary of a
service furnished by, a program that is in receipt of a
grant under section 2011 of title 38, United States
Code; or
(B) services for which per diem payment is received
under section 2012 of such title.
(3) A veteran who is--
(A) a beneficiary of the outreach program carried
out under section 2022(e) of such title; or
(B) in receipt of referral or counseling services
from the program carried out under section 2023 of such
title.
(4) A veteran who is receiving a service or assistance
under section 2031 of such title.
(5) A veteran who is residing in therapeutic housing
operated under section 2032 of such title.
(6) A veteran who is receiving domiciliary services under
section 2043 of such title or domiciliary care under section
1710(b) of such title.
(7) A veteran who is receiving supportive services under
section 2044 of such title. | Housing Our Heroes Act This bill directs the Department of Veterans Affairs (VA) to begin a three-year pilot grant program to assess the feasibility of awarding grants to eligible entities to purchase and renovate abandoned homes for homeless veterans. Eligible entities are veterans service agencies and organizations, homeless organizations, and other nongovernmental organizations that demonstrate a record of financial stability and experience in developing housing for homeless veterans. The VA shall give grant priority to entities that serve communities with the greatest need of homeless services and may give grant priority to achieve geographic grant distribution. The bill establishes the Veterans Homelessness Grant Fund. | {"src": "billsum_train", "title": "Housing Our Heroes Act"} | 1,556 | 126 | 0.690306 | 1.7375 | 0.660101 | 3.224138 | 12.491379 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Focusing Investments and Resources
for a Safe Transition Act'' or as the ``FIRST Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research has shown that foster youths face a unique set
of challenges, including a lack of financial and emotional
support systems throughout their early adult years, as well as
limited educational, employment, housing, and permanency
options.
(2) When foster youths exit or age out of the foster care
system, foster youths often lack emotional, social,
professional, and financial guidance to guide foster youths
through the transition to adulthood.
(3) While Congress has passed legislation to increase
support for foster youths, research shows that foster youths
still need greater assistance supporting their transition to
adulthood.
(4) A 2005 study found that foster youths fare poorly
relative to their counterparts in the general population on the
following outcome measures:
(A) Employment.
(B) Education.
(C) Homelessness.
(D) Mental health.
(E) Medical insurance coverage.
(F) Criminal activity.
(G) Early pregnancy.
(5) Nationwide, over 20,000 youth age out of foster care
each year.
SEC. 3. INDIVIDUAL DEVELOPMENT ACCOUNTS FOR FOSTER YOUTH.
Section 105 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106) is amended--
(1) in subsection (a), by adding at the end the following:
``(6) Opportunity grants to create individual development
accounts for foster youths.--
``(A) Grants authorized.--The Secretary may make
grants and enter into contracts, on a competitive
basis, to States to enable the States (or State
partners) to establish Individual Development Accounts
for foster youths, to be accessed by the youths when
the youths meet the requirements of subparagraph
(D)(iii).
``(B) Application and plan.--The Governor of each
State desiring a grant or contract under this paragraph
shall submit an application to the Secretary at such
time, in such manner, and containing such information
as the Secretary may require. Each such application
shall contain a plan, developed by the appropriate
State agency, for the State's Individual Development
Account program that describes how the program--
``(i) best suits the current and future
needs of the State's foster youth community;
``(ii) enables foster youth to achieve
self-support after leaving foster care; and
``(iii) establishes public or private
partnerships to create a pool of funding from
which foster youth deposits in Individual
Development Accounts can be matched.
``(C) Priority for states.--In making grants and
entering into contracts under this paragraph, the
Secretary shall give priority to States that permit
foster youths under age 13 to become account holders in
programs carried out by the States under this
paragraph.
``(D) Individual development accounts.--
``(i) In general.--Each State receiving a
grant or contract under this paragraph shall
carry out a program in which the State
establishes, or enters into an agreement with a
public or private partnership to establish,
Individual Development Accounts for foster
youths, including foster youths in kinship or
guardianship placements and foster youths who
are transitioning from the foster care system.
``(ii) Deposits.--Each Individual
Development Account shall consist of--
``(I) amounts deposited into the
Individual Development Account by the
foster youth;
``(II) matching funds deposited
into the Individual Development Account
that are provided by a public or
private partnership in an amount that
does not exceed $2 for every $1
deposited by the foster youth; and
``(III) funds deposited into the
Individual Development Account from
amounts provided through grants or
contracts awarded under this paragraph.
``(iii) Qualified youth.--To be qualified
to withdraw funds from an Individual
Development Account under this paragraph, an
individual shall be the individual for whom the
account was established under this paragraph
and an individual who--
``(I) is not younger than age 18,
and is adopted or in a guardianship
placement;
``(II) is not younger than age 18,
and has moved to a permanent living
arrangement not described in subclause
(I);
``(III) is not younger than age 18
and is transitioning from the foster
care system; or
``(IV) has a waiver from the State
involved permitting the withdrawal for
extenuating circumstances.
``(iv) Withdrawals.--Funds in an Individual
Development Account--
``(I) may be withdrawn by a
qualified individual--
``(aa) to secure and
maintain stable housing;
``(bb) to pursue
educational opportunities;
``(cc) to obtain vocational
training; and
``(dd) after the youth has
used funds in the account for
each of the objectives
described in items (aa) through
(cc), to operate a business or
purchase a car; and
``(II) at the election of the State
involved, may be withdrawn by the
qualified individual to purchase
essential items such as work uniforms
and car insurance, in order to assist
the individual in becoming self-
sufficient.
``(v) Money management training.--In
carrying out the program, the State shall
ensure that--
``(I) a public or private
partnership shall provide a small
amount of seed money to each foster
youth selected to become an account
holder through the program, to enable
the youth to attend money management
training; and
``(II) the youth shall complete the
training before receiving access to the
account.
``(vi) Name on account.--If an account is
established under this paragraph for an
individual while the individual is a foster
youth, and the individual subsequently moves to
a permanent living arrangement, the account
shall remain in the individual's name.'';
(2) in subsection (c)--
(A) by striking ``In making'' and inserting the
following:
``(1) In general.--In making''; and
(B) by adding at the end the following:
``(2) Evaluations of individual development account
programs.--
``(A) Evaluation.--In the case of programs carried
out by States under subsection (a)(6), the Secretary
shall conduct independent evaluations of the
effectiveness of the programs.
``(B) Reports.--
``(i) Contents.--The Secretary shall
prepare interim and final reports containing
the results of the evaluations and related
recommendations, including--
``(I) information describing how
individuals with Individual Development
Accounts spend the funds withdrawn from
the accounts;
``(II) information describing how
the State programs impact quality of
life indicators for such individuals,
after the individuals are eligible to
withdraw funds from the accounts;
``(III) information describing the
effectiveness of the money management
training described in subsection
(a)(6)(D)(v), including the effects of
the training on program performance,
and information describing the
collaboration between the States and
the partners described in subsection
(a)(6)(B)(iii); and
``(IV) recommendations on
strengthening or modifying the programs
carried out under subsection (a)(6).
``(ii) Submission.--
``(I) Interim report.--Not later
than 2 years after the date of
enactment of the FIRST Act, the
Secretary shall submit the interim
report described in clause (i) to the
Committee on Education and Labor of the
House of Representatives and the
Committee on Health, Education, Labor,
and Pensions of the Senate.
``(II) Final report.--Not later
than 3 years after that date of
enactment, the Secretary shall submit
the final report described in clause
(i) to the committees described in
subclause (I).''; and
(3) by adding at the end the following:
``(d) No Reduction in Benefits.--Notwithstanding any other
provision of Federal law (other than the Internal Revenue Code of 1986)
that requires consideration of one or more financial circumstances of
an individual, for the purpose of determining eligibility to receive,
or the amount of, any assistance or benefit authorized by such law to
be provided to or for the benefit of such individual, funds (including
interest accruing) in an Individual Development Account under
subsection (a)(6) shall be disregarded for such purpose with respect to
any period during which such individual maintains or makes
contributions into such an account.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
Section 112(a) of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106h(a)) is amended--
(1) in paragraph (1), by inserting ``(other than section
105(a)(6))'' after ``this title'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Authorization of appropriations for individual
development account programs.--There are authorized to be
appropriated to carry out section 105(a)(6) such sums as may be
necessary for fiscal year 2008 and each of the 4 succeeding
fiscal years.''. | Focusing Investments and Resources for a Safe Transition Act, or FIRST Act - Amends the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to make competitive grants to and enter into contracts with states (or state partners) to enable them to establish Individual Development Accounts for qualified foster youth to assist them in achieving self-support for housing, education, vocational training, and specified other purposes after leaving foster care. | {"src": "billsum_train", "title": "A bill to provide Individual Development Accounts to support foster youths who are transitioning from the foster care system."} | 2,037 | 94 | 0.531815 | 1.407274 | 1.050489 | 2.821429 | 23.190476 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Savings Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States imports more oil from the Middle East
today than before the attacks on the United States on September
11, 2001;
(2) the United States remains the most oil-dependent
industrialized nation in the world, consuming approximately 25
percent of the oil supply of the world;
(3) the ongoing dependence of the United States on foreign
oil is one of the greatest threats to the national security and
economy of the United States; and
(4) the United States needs to take transformative steps to
wean itself from its addiction to oil.
SEC. 3. POLICY ON REDUCING OIL DEPENDENCE.
It is the policy of the United States to reduce the dependence of
the United States on oil, and thereby--
(1) alleviate the strategic dependence of the United States
on oil-producing countries;
(2) reduce the economic vulnerability of the United States;
and
(3) reduce the greenhouse gas emissions associated with oil
use.
SEC. 4. OIL SAVINGS PLAN.
(a) Initial Oil Savings Target and Action Plan.--Not later than 270
days after the date of enactment of this Act, an interagency task force
composed of the Secretary of Energy, the Secretary of Transportation,
the Secretary of Defense, the Secretary of Agriculture, the Secretary
of the Treasury, the Administrator of the Environmental Protection
Agency, and the head of any other agency the President determines
appropriate (referred to in this section as the ``Interagency Task
Force'') shall publish in the Federal Register an action plan
consisting of--
(1) a draft list of proposals for agency action that will
be sufficient, when taken together, to save from the baseline
determined under subsection (d)--
(A) 2,500,000 barrels of oil per day on average
during calendar year 2016;
(B) 7,000,000 barrels of oil per day on average
during calendar year 2026; and
(C) 10,000,000 barrels per day on average during
calendar year 2030; and
(2) a Federal Government-wide analysis demonstrating--
(A) the expected oil savings from the baseline to
be accomplished by--
(i) chapter 329 of title 49, United States
Code (including regulations promulgated to
carry out that chapter); and
(ii) section 211(o) of the Clean Air Act
(42 U.S.C. 7545(o)) (including regulations
promulgated to carry out section 211(o) of that
Act); and
(B) that the proposals described in paragraph (1),
taken together with expected oil savings described in
subparagraph (A), will achieve the oil savings
specified in this subsection.
(b) Review and Update of Action Plan.--
(1) Review.--Not later than January 1, 2011, and every 3
years thereafter, the Interagency Task Force shall submit to
Congress, and publish, a report that--
(A) evaluates the progress achieved in implementing
the oil savings targets established under subsection
(a);
(B) analyzes the expected oil savings under the
action plan established under that subsection; and
(C)(i) analyzes the potential to achieve oil
savings that are in addition to the oil savings goals
under that subsection; and
(ii) if the President determines that it is in the
national interest, requires an analysis under that
subsection for a higher oil savings goal for calendar
year 2017 or any subsequent calendar year.
(2) Insufficient oil savings.--If the oil savings are less
than the targets described in subsection (a), simultaneously
with the report required under paragraph (1), the Interagency
Task Force shall publish a revised action plan that is
sufficient to achieve the targets.
(c) Public Comment and Final Proposals.--
(1) In general.--After a 30-day period for public comment
on the publications under subsection (a) and (b), the
Interagency Task Force shall, not later than 1 year after the
date of enactment of this Act, issue a final list of proposals
to meet the requirements of this section.
(2) Additional legislative authority.--The proposals shall
include a request to Congress for any additional legislative
authority necessary to implement the proposals.
(d) Baseline and Analysis Requirements.--In performing the analyses
required for the action plan to achieve the oil savings described in
subsection (a), the Secretary of Energy, the Secretary of
Transportation, the Secretary of Defense, the Secretary of Agriculture,
the Administrator of the Environmental Protection Agency, and the head
of any other agency the President determines to be appropriate shall--
(1) determine oil savings as the projected reduction in oil
consumption from the baseline established by the reference case
contained in the report of the Energy Information
Administration entitled ``Annual Energy Outlook 2008'';
(2) determine the oil savings projections required on an
annual basis for each of calendar years 2009 through 2030; and
(3) account for any overlap among implementation actions to
ensure that the projected oil savings from all the
implementation actions, taken together, are as accurate as
practicable.
(e) Relationship to Other Laws.--Nothing in this section affects
the authority provided or responsibility delegated under any other law. | Oil Savings Act of 2008 - States that it is U.S. policy to reduce the dependence of the United States on oil and thereby: (1) alleviate the strategic dependence of the United States on oil-producing countries; (2) reduce the economic vulnerability of the United States; and (3) reduce the greenhouse gas emissions associated with oil use.
Directs an Interagency Task Force, composed of the Secretaries of Energy, Transportation, Defense, Agriculture, and the Treasury, as well as the Administrator of the Environmental Protection Agency (EPA) and any other agency head determined appropriate by the President, to: (1) publish an action plan for achieving specified oil savings targets during calendar years 2016, 2026, and 2030; and (2) report to Congress on the progress achieved in implementing such targets and expected oil savings under the action plan. Requires the plan to include an analysis demonstrating expected oil savings that result from changes to motor vehicle fuel consumption standards and under the renewable fuel program.
Requires a revised action plan if oil savings fall short of targets. | {"src": "billsum_train", "title": "A bill to reduce the dependence of the United States on foreign oil, and for other purposes."} | 1,112 | 218 | 0.662377 | 1.91397 | 0.894445 | 3.874396 | 5.256039 | 0.898551 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Price Index for Elderly
Consumers Act of 2009''.
SEC. 2. CONSUMER PRICE INDEX FOR ELDERLY CONSUMERS.
(a) In General.--The Bureau of Labor Statistics of the Department
of Labor shall prepare and publish an index for each calendar month to
be known as the ``Consumer Price Index for Elderly Consumers'' that
indicates changes over time in expenditures for consumption which are
typical for individuals in the United States who are 62 years of age or
older.
(b) Effective Date.--Subsection (a) shall apply with respect to
calendar months ending on or after July 31 of the calendar year
following the calendar year in which this Act is enacted.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the provisions of
this section.
SEC. 3. COMPUTATION OF COST-OF-LIVING INCREASES.
(a) Amendments to Title II.--
(1) In general.--Section 215(i) of the Social Security Act
(42 U.S.C. 415(i)) is amended--
(A) in paragraph (1)(G), by inserting before the
period the following: ``, and, solely with respect to
any monthly insurance benefit payable under this title
to an individual who has attained age 62, effective for
adjustments under this subsection to the primary
insurance amount on which such benefit is based (or to
any such benefit under section 227 or 228) occurring
after such individual attains such age, the applicable
Consumer Price Index shall be deemed to be the Consumer
Price Index for Elderly Consumers and such primary
insurance amount shall be deemed adjusted under this
subsection using such Index''; and
(B) in paragraph (4), by striking ``and by section
9001'' and inserting ``, by section 9001'', and by
inserting after ``1986,'' the following: ``and by
section 3(a) of the Consumer Price Index for Elderly
Consumers Act,''.
(2) Conforming amendments in applicable former law.--
Section 215(i)(1)(C) of such Act, as in effect in December 1978
and applied in certain cases under the provisions of such Act
in effect after December 1978, is amended by inserting before
the period the following: ``, and, solely with respect to any
monthly insurance benefit payable under this title to an
individual who has attained age 62, effective for adjustments
under this subsection to the primary insurance amount on which
such benefit is based (or to any such benefit under section 227
or 228) occurring after such individual attains such age, the
applicable Consumer Price Index shall be deemed to be the
Consumer Price Index for Elderly Consumers and such primary
insurance amount shall be deemed adjusted under this subsection
using such Index''.
(3) Effective date.--The amendments made by paragraph (1)
shall apply to determinations made with respect to cost-of-
living computation quarters ending on or after September 30 of
the second calendar year following the calendar year in which
this Act is enacted.
(b) Amendments to Title XVIII.--
(1) In general.--Title XVIII of such Act (42 U.S.C. 1395 et
seq.) is amended--
(A) in section 1814(i)(2)(B), by inserting ``(i)
for accounting years ending before October 1 of the
second calendar year following the calendar year in
which the Consumer Price Index for Elderly Consumers
Act was enacted,'' after ``for a year is'', and by
inserting after ``fifth month of the accounting year''
the following: ``, and (ii) for accounting years ending
after October 1 of such calendar year, the cap amount
determined under clause (i) for the last accounting
year referred to in such clause, increased or decreased
by the same percentage as the percentage increase or
decrease, respectively, in the medical care expenditure
category (or corresponding category) of the Consumer
Price Index for Elderly Consumers, published by the
Bureau of Labor Statistics, from March of such calendar
year to the fifth month of the accounting year'';
(B) in section 1821(c)(2)(C)(ii)(II), by striking
``consumer price index for all urban consumers (all
items; United States city average)'' and inserting
``Consumer Price Index for Elderly Consumers'';
(C) in section 1833(h)(2)(A)(i), by striking
``Consumer Price Index for All Urban Consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers'';
(D) in section 1833(i)(2)(C)(i), by striking
``Consumer Price Index for all urban consumers (U.S.
city average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(E) in each of subparagraphs (K), (L), and (M) of
section 1834(a)(14), by striking ``consumer price index
for all urban consumers (U.S. urban average)'' and
inserting ``applicable consumer price index'';
(F) in section 1834(h)(4)(A)(x), by striking
``consumer price index for all urban consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers'';
(G) in section 1834(l)(3)(B), by striking
``consumer price index for all urban consumers (U.S.
city average)'' and inserting ``Consumer Price Index
for Elderly Consumers'';
(H) in section 1839(i)(5)(A)(ii), by striking
``Consumer Price Index (United States city average)''
and inserting ``Consumer Price Index for Elderly
Consumers'';
(I) in section 1842(s)(1), by striking ``consumer
price index for all urban consumers (United States city
average)'' and inserting ``Consumer Price Index for
Elderly Consumers'';
(J) in each of subparagraphs (D)(ii) and (E)(i)(II)
of section 1860D-14(a)(3) and in each of clauses (i)
and (ii) of section 1860D-14(a)(4)(A), by striking
``consumer price index (all items; U.S. city average)''
and inserting ``Consumer Price Index for Elderly
Consumers'';
(K) in section 1882(p)(11)(C)(ii), by striking
``Consumer Price Index for all urban consumers (all
items; U.S. city average)'' and inserting ``Consumer
Price Index for Elderly Consumers'';
(L) in each of clauses (iv) and (vi)(II) of section
1886(h)(2)(E), by striking ``for all urban consumers'';
and
(M) in section 1886(h)(5)(B), by striking
``Consumer Price Index for All Urban Consumers (United
States city average)'' and inserting ``Consumer Price
Index for Elderly Consumers''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply with respect to determinations made for periods
ending after December 31 of the second calendar year following
the calendar year in which this Act was enacted. | Consumer Price Index for Elderly Consumers Act of 2009 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPIEC) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older.
Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to use such new CPIEC in the computation of cost-of-living increases for Social Security and Medicare benefits, replacing the CPI for All Urban Consumers (U.S. city average). | {"src": "billsum_train", "title": "To require the establishment of a Consumer Price Index for Elderly Consumers to compute cost-of-living increases for Social Security and Medicare benefits under titles II and XVIII of the Social Security Act."} | 1,729 | 143 | 0.583183 | 1.52494 | 0.660249 | 3.780702 | 12.447368 | 0.850877 |
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