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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heart Disease Education, Analysis
and Research, and Treatment for Women Act'' or the ``HEART for Women
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Heart disease, stroke, and other cardiovascular
diseases are the leading cause of death among women.
(2) Despite being the number 1 killer, only 13 percent of
women are aware that cardiovascular diseases, including heart
disease and stroke, are their greatest health risk.
(3) Many minority women, including African American,
Hispanic, Native American, and some Asian American women, are
at a higher risk of death from heart disease, stroke, and other
cardiovascular diseases, but they are less likely to know of
this risk.
(4) There is a pervasive lack of awareness among healthcare
providers that cardiovascular disease is the leading killer of
women.
(5) Women are less likely than men to receive certain
treatments for cardiovascular diseases, perhaps due to lack of
awareness and the presence of different symptoms in women than
in men.
(6) Women tend to experience later onset of heart disease
than men, and therefore more often suffer from multiple
conditions that mask symptoms of heart disease and complicate
treatment.
(7) Certain diagnostic tests for cardiovascular disease may
be less accurate in women than in men.
(8) Drug effectiveness and metabolism differ in women and
men, impacting successful treatment of cardiovascular disease.
(9) In addition, stroke kills 2.3 times as many females as
does breast cancer. Nearly 61 percent of stroke-related deaths
occur in females. Studies have found differences in the
effects, diagnosis, and treatment of stroke depending on the
sex of the patient. For instance--
(A) stroke severity is greater in women than in
men;
(B) women often receive fewer diagnostic tests and
intervention procedures than men; and
(C) strokes present treatment issues unique to
women.
SEC. 3. REPORTING OF DATA IN APPLICATIONS FOR DRUGS, BIOLOGICS, AND
DEVICES.
(a) New Drug Applications.--Section 505(b) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(b)) is amended by adding at the
end the following:
``(6)(A) Notwithstanding any other provision of this Act, the
applicant shall include in any submission to the Secretary pursuant to
this subsection, to the extent appropriate, information stratified by
sex, race, and ethnicity, including any differences in safety and
effectiveness.
``(B) The Secretary shall withhold approval of an application if
the applicant fails to submit the required information described in
subparagraph (A).
``(C) The Secretary shall develop standards to ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under subparagraph (A).
``(D) Upon the approval under this subsection of an application for
a drug, the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such drug
stratified by sex, race, and ethnicity.''.
(b) Investigational New Drug Applications.--Section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) is amended--
(1) in paragraph (2), by inserting ``and paragraph (5)''
after ``Subject to paragraph (3)''; and
(2) by adding at the end the following:
``(5)(A) Notwithstanding any other provision of this Act, the
manufacturer or sponsor of an investigation of a new drug shall include
in any submission to the Secretary pursuant to this subsection on the
clinical investigation of the new drug and to the extent appropriate,
information stratified by sex, race, and ethnicity, including any
differences in safety and effectiveness.
``(B) The Secretary shall place a clinical hold (as described in
paragraph (3)) on an investigation if the manufacturer or sponsor of
the investigation fails to submit the required information described in
subparagraph (A).
``(C) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection on clinical
investigations of new drugs are adequately reviewed to determine
whether such submissions include the information required under this
paragraph.''.
(c) Abbreviated New Drug Applications.--Section 505(j) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended--
(1) in paragraph (2)(A), by inserting before the period at
the end the following: ``, subject to paragraph (10)'';
(2) in paragraph (3)(A), by adding at the end the
following: ``The Secretary shall require such individuals who
review such applications to ensure that such applications
include the information on sex, race, and ethnicity data
required under paragraph (10).'';
(3) in paragraph (4)--
(A) in subparagraph (J), by striking ``or'' after
the semicolon;
(B) in subparagraph (K), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(L) the application does not include appropriate
information stratified by sex, race, and ethnicity, as
required under paragraph (10).''; and
(4) by adding at the end the following:
``(10)(A) Notwithstanding any other provision of this Act, a person
shall include in any submission to the Secretary pursuant to this
subsection appropriate drug information stratified by sex, race, and
ethnicity, including any differences in safety and effectiveness.
``(B) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under this paragraph.
``(C) Upon the approval under this subsection of an application for
a drug, the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such drug
stratified by sex, race, and ethnicity.''.
(d) Premarket Approvals.--Section 515 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360e) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(H) information regarding the device, to the extent
appropriate, stratified by sex, race, and ethnicity, including
differences in safety and effectiveness.''; and
(B) by adding at the end the following:
``(5) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under paragraph (1)(H).''; and
(2) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (D), by striking ``or''
at the end;
(ii) in subparagraph (E), by striking the
period and inserting ``; or''; and
(iii) by inserting after subparagraph (E),
the following:
``(F) the application does not contain, as appropriate, the
information required in subsection (c)(1)(H).''; and
(B) by adding at the end the following:
``(7) Upon the approval of an application under this section, the
Secretary shall report to the scientific community and make available
to the public, in a timely manner, data regarding such device
stratified by sex, race, and ethnicity.''.
(e) Investigational Device Exemptions.--Section 520(g)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360j(g)) is amended--
(1) in subparagraph (B), by adding at the end the
following:
``(iv) A requirement that any application include
information regarding the device, to the extent appropriate,
stratified by sex, race, and ethnicity, including differences
in safety and effectiveness.''; and
(2) by adding at the end the following:
``(D) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this subsection are adequately
reviewed to determine whether such submissions include the information
required under subparagraph (B)(iv).''.
(f) Biological Product Licenses.--Section 351(a)(2) of the Public
Health Service Act (42 U.S.C. 262) is amended by adding at the end the
following:
``(D)(i) Notwithstanding any other provision of this Act, the
applicant shall include in any application to the Secretary pursuant to
this section appropriate information regarding the subject biological
product stratified by sex, race, and ethnicity, including differences
in safety and effectiveness.
``(ii) The Secretary shall develop standards that ensure that
submissions to the Secretary pursuant to this section are adequately
reviewed to determine whether such submissions include the information
required under clause (i).
``(iii) Upon the approval of an application under this subsection,
the Secretary shall report to the scientific community and make
available to the public, in a timely manner, data regarding such
biological product stratified by sex, race, and ethnicity.''.
(g) GAO Study.--Not later than 2 years after the date of enactment
of this section, the Comptroller General of the United States shall
study the drug approval processes of the Food and Drug Administration
to ensure that the Food and Drug Administration is complying with the
amendments made by this section.
SEC. 4. REPORTING AND ANALYSIS OF PATIENT SAFETY DATA.
(a) Data Standards.--Section 923(b) of the Public Health Service
Act (42 U.S.C. 299b-23(b)) is amended by adding at the end the
following: ``The Secretary shall provide that all nonidentifiable
patient safety work product reported to and among the network of
patient safety databases be stratified by sex.''.
(b) Use of Information.--Section 923(c) of the Public Health
Service Act (42 U.S.C. 299b-23(c)) is amended by adding at the end the
following: ``Such analyses take into account data that specifically
relates to women and any disparities between treatment and the quality
of care between males and females.''.
SEC. 5. QUALITY OF CARE REPORTS BY THE AGENCY FOR HEALTHCARE RESEARCH
AND QUALITY.
Section 903 of the Public Health Service Act (42 U.S.C. 299a-1) is
amended--
(1) in subsection (b)(1)(B), by inserting before the
semicolon the following: ``, including quality of and access to
care for women with heart disease, stroke, and other
cardiovascular diseases''; and
(2) in subsection (c), by adding at the end the following:
``(4) Annual report on women and heart disease.--Not later
than September 30, 2007, and annually thereafter, the
Secretary, acting through the Director, shall prepare and
submit to Congress a report concerning the findings related to
the quality of and access to care for women with heart disease,
stroke, and other cardiovascular diseases. The report shall
contain recommendations for eliminating disparities in, and
improving the treatment of, heart disease, stroke, and other
cardiovascular diseases in women.''.
SEC. 6. EDUCATIONAL CAMPAIGNS.
(a) Distribution of Educational Material.--The Secretary of Health
and Human Services (referred to in this section as the ``Secretary'')
shall develop and distribute to females who are age 65 or older,
physicians, and other appropriate healthcare professionals, educational
materials relating to the prevention, diagnosis, and treatment of heart
disease, stroke, and cardiovascular diseases in women. The Secretary
may carry out this subsection through contracts with public and private
nonprofit entities.
(b) Healthcare Professional Educational Campaign.--The Secretary,
acting through the Bureau of Health Professions of the Health Resources
and Services Administration, shall conduct an education and awareness
campaign for physicians and other healthcare professionals relating to
the prevention, diagnosis, and treatment of heart disease, stroke, and
other cardiovascular diseases in women. The Bureau of Health
Professions may carry out this subsection through contracts with public
and private nonprofit entities.
SEC. 7. EXTENSION OF WISEWOMAN.
There are authorized to be appropriated such sums as may be
necessary for each fiscal year to enable the Director of the Centers
for Disease Control and Prevention to implement Well-Integrated
Screening and Evaluation for Women Across the Nation (WISEWOMAN)
program projects in all States and territories, which may include
projects among Indian tribes.
|
Heart Disease Education, Analysis Research, and Treatment for Women Act or the HEART for Women Act - Amends the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to require an application for approval or for investigation of a drug, device, or biological product to include information stratified by sex, race, and ethnicity, including any differences in safety and effectiveness. Requires the Secretary of Health and Human Services to: (1) withhold approval of such an application or place a clinical hold on an investigation if such information is not included; and (2) report to the scientific community and make information available to the public on such stratified data upon approval of an application.
Requires the Comptroller General to study the drug approval process to ensure compliance with this Act.
Requires the Secretary to require that all nonidentifiable patient safety work product reported to a patient safety database be stratified by sex.
Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to report to Congress concerning the quality of and access to care for women with heart disease, stroke, and other cardiovascular diseases.
Provides for an educational campaign relating to heart disease, stroke, and cardiovascular diseases in women.
Authorizes appropriations to enable the Director of the Centers for Disease Control and Prevention to implement Well-Integrated Screening and Evaluation for Women Across the Nation (WISEWOMAN) program projects in all states and territories.
|
{"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women."}
| 2,866 | 321 | 0.576617 | 1.877643 | 0.705766 | 4.759857 | 9.537634 | 0.953405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Educator and American
Community Housing Act of 2012''.
SEC. 2. HOUSING FOR EDUCATORS, PUBLIC SAFETY OFFICERS, AND MEDICAL
PROVIDERS.
Section 306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)) is amended by adding at the end the following:
``(26) Grants and loan guarantees to provide housing for
educators, public safety officers, and medical providers.--
``(A) Definitions.--In this paragraph:
``(i) Educator.--The term `educator' means
an individual who--
``(I) is employed full-time as a
teacher, principal, or administrator
by--
``(aa) a public elementary
school or secondary school that
provides direct services to
students in grades
prekindergarten through grade
12, or a Head Start program;
and
``(bb) meets the
appropriate teaching
certification or licensure
requirements of the State for
the position in which the
individual is employed; or
``(II) is employed full-time as a
librarian, a career guidance or
counseling provider, an education aide,
or in another instructional or
administrative position for a public
elementary school or secondary school.
``(ii) Medical provider.--The term `medical
provider' means--
``(I) a licensed doctor of medicine
or osteopathy;
``(II) an American Indian, Alaska
Native, or Native Hawaiian recognized
as a traditional healing practitioner;
``(III) a health care provider
that--
``(aa) is licensed or
certified under Federal or
State law, as applicable; and
``(bb) is providing
services that are eligible for
coverage under a plan under the
Federal Employees Health
Benefits Program under chapter
89 of title 5, United States
Code;
``(IV) a provider authorized under
section 119 of the Indian Health Care
Improvement Act (25 U.S.C. 1616l); or
``(V) any other individual that the
Secretary determines is capable of
providing health care services.
``(iii) Public safety officer.--The term
`public safety officer' means an individual who
is employed full-time--
``(I) as a law enforcement officer
by a law enforcement agency of the
Federal Government, a State, a unit of
general local government, or an Indian
tribe; or
``(II) as a firefighter by a fire
department of the Federal Government, a
State, a unit of general local
government, or an Indian tribe.
``(iv) Qualified community.--The term
`qualified community' means any open country,
or any place, town, village, or city--
``(I) that is not part of or
associated with an urban area; and
``(II) that--
``(aa) has a population of
not more than 2,500; or
``(bb)(AA) has a population
of not more than 10,000; and
``(BB) is not accessible by
a motor vehicle, as defined in
section 30102 of title 49,
United States Code.
``(v) Qualified housing.--The term
`qualified housing' means housing for
educators, public safety officers, or medical
providers that is located in a qualified
community.
``(vi) Qualified project.--The term
`qualified project' means--
``(I) the construction,
modernization, renovation, or repair of
qualified housing;
``(II) the payment of interest on
bonds or other financing instruments
(excluding instruments used for
refinancing) that are issued for the
construction, modernization,
renovation, or repair of qualified
housing;
``(III) the repayment of a loan
used--
``(aa) for the
construction, modernization,
renovation, or repair of
qualified housing; or
``(bb) to purchase real
property on which qualified
housing will be constructed;
``(IV) purchasing or leasing real
property on which qualified housing
will be constructed, renovated,
modernized, or repaired; or
``(V) any other activity normally
associated with the construction,
modernization, renovation, or repair of
qualified housing, as determined by the
Secretary.
``(vii) Educational service agency,
elementary school, local educational agency,
secondary school, state educational agency.--
The terms `educational service agency',
`elementary school', `local educational
agency', `secondary school', and `State
educational agency' have the meanings given
those terms in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7801).
``(B) Grants.--The Secretary may make a grant to an
applicant to carry out a qualified project.
``(C) Loan guarantees.--The Secretary may guarantee
a loan made to an applicant for the construction,
modernization, renovation, or repair of qualified
housing.
``(D) Financing mechanisms.--The Secretary may make
payments of interest on bonds, loans, or other
financial instruments (other than financial instruments
used for refinancing) that are issued to an applicant
for a qualified project.
``(E) Application.--An applicant that desires a
grant, loan guarantee, or payment of interest under
this paragraph shall submit to the Secretary an
application that--
``(i) indicates whether the qualified
housing for which the grant, loan guarantee, or
payment of interest is sought is located in a
qualified community;
``(ii) identifies the applicant;
``(iii) indicates whether the applicant
prefers to receive a grant, loan guarantee, or
payment of interest under this paragraph;
``(iv) describes how the applicant would
ensure the adequate maintenance of qualified
housing assisted under this paragraph;
``(v) demonstrates a need for qualified
housing in a qualified community, which may
include a deficiency of affordable housing, a
deficiency of habitable housing, or the need to
modernize, renovate, or repair housing;
``(vi) describes the expected impact of the
grant, loan guarantee, or payment of interest
on--
``(I) educators, public safety
officers, and medical providers in a
qualified community, including the
impact on recruitment and retention of
educators, public safety officers, and
medical providers; and
``(II) the economy of a qualified
community, including--
``(aa) any plans to use
small business concerns for the
construction, modernization,
renovation, or repair of
qualified housing; and
``(bb) the short- and long-
term impact on the rate of
employment in the qualified
community; and
``(vii) describes how the applicant would
ensure that qualified housing assisted under
this paragraph is used for educators, public
safety officers, and medical providers.
``(F) Input from state director of rural
development.--The State Director of Rural Development
for a State may submit to the Secretary an evaluation
of any application for a qualified project in the State
for which an application for assistance under this
paragraph is submitted and the Secretary shall take
into consideration the evaluation in determining
whether to provide assistance.
``(G) Priority.--In awarding grants and making loan
guarantees and payments of interest under this
paragraph, the Secretary shall give priority to an
applicant that is--
``(i) a State educational agency or local
educational agency;
``(ii) an educational service agency;
``(iii) a State or local housing authority;
``(iv) an Indian tribe or tribal
organization, as those terms are defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b);
``(v) a tribally designated housing entity;
``(vi) a local government; or
``(vii) a consortium of any of the entities
described in clauses (i) through (vi).
``(H) Limitation.--The Secretary may provide
assistance to the same applicant under only 1 of
subparagraphs (B), (C), and (D).
``(I) Requirement.--As a condition of eligibility
for a grant, loan guarantee, or payment of interest
under this paragraph, at least 1 named applicant shall
be required to maintain ownership of the qualified
housing that is the subject of the grant, loan
guarantee, or payment of interest during the greater
of--
``(i) 15 years; or
``(ii) the period of the loan for which a
loan guarantee or payment of interest is made
under this paragraph.
``(J) Reporting.--
``(i) By applicants.--Not later than 2
years after the date on which an applicant
receives a grant, loan guarantee, or payment of
interest under this paragraph, the applicant
shall submit to the Secretary a report that--
``(I) describes how the grant, loan
guarantee, or payment of interest was
used; and
``(II) contains an estimate of the
number of jobs created or maintained by
use of the grant, loan guarantee, or
payment of interest.
``(ii) By gao.--Not later than 2 years
after the date of enactment of this paragraph,
the Comptroller General of the United States
shall submit to Congress a report evaluating
the program under this paragraph.
``(K) Authorization of appropriations.--
``(i) In general.--There is authorized to
be appropriated to the Secretary $50,000,0000
for fiscal year 2012, and each fiscal year
thereafter.
``(ii) Availability.--Any amounts
appropriated to carry out this paragraph shall
remain available for obligation by the
Secretary during the 3-year period beginning on
the date of the appropriation.
``(iii) Use of funds.--Of any amounts
appropriated for a fiscal year to carry out
this paragraph, the Secretary shall use--
``(I) not less than 50 percent to
make grants under this paragraph;
``(II) not more than 5 percent to
carry out national activities under
this paragraph, including providing
technical assistance and conducting
outreach to qualified communities; and
``(III) any amounts not expended in
accordance with subclauses (I) and (II)
to make loan guarantees and payments of
interest under this paragraph.''.
|
Rural Educator and American Community Housing Act of 2012 - Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Housing and Urban Development (HUD) to provide grants, loan guarantees, or other financial mechanisms to eligible educators, medical providers, and public safety officers to carry out a qualified project in a qualified community.
Defines a "qualified project" as: (1) the construction, modernization, renovation, or repair of qualified housing for such eligible individuals; (2) the payment of interest on bonds or other financing instruments (except refinancing instruments) issued for such activities; or (3) the repayment of a loan used for such construction and so forth, or to purchase or lease real property for qualified housing purposes.
Defines a "qualified community" as any open country, or any place, town, village, or city that is not part of or associated with an urban area and that has a population between 2,500 to 10,000, and is not accessible by a motor vehicle.
Authorizes the State Director of Rural Development for a state to evaluate for the Secretary any application for a qualified project in the state. Requires the Secretary to take the evaluation into consideration in determining whether to provide such assistance.
Requires the Secretary to give priority to: (1) a state education agency (SEA) or local educational agency (LEA), (2) a state or local housing authority, (3) an Indian tribe or tribal organization, (4) a tribally designated housing entity, (5) a local government, or (6) a consortium of any such entities.
|
{"src": "billsum_train", "title": "A bill to amend the Consolidated Farm and Rural Development Act to provide and improve housing in rural areas for educators, public safety officers, and medical providers, and their households, and for other purposes."}
| 2,311 | 336 | 0.483282 | 1.439744 | 0.774035 | 3.29393 | 7.003195 | 0.904153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home-Based Health Services Job
Training and Caregiving Act of 2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The ``baby boom'' generation will require health care
attention that will exceed the current supply of health care
providers.
(2) There is a shortage of training programs specializing
in health care services that focus on home care instead of
institutionalized care.
(3) Although the need for home-based health services
transcends all income levels, the availability of such services
is more limited for residents in public housing.
(4) Estimates indicate that there are 44,000,000 caregivers
in the United States providing unpaid care to at least one
adult, representing 22,900,000 households.
(5) Of working persons providing unpaid care, 62 percent
have had to make adjustments to work schedules or leave
employment.
(6) Many low-income families in the United States are
placed in an untenable position of choosing between work and
caregiving responsibilities at home.
(7) Residents in public housing in the United States are
also aging and in need of care.
(8) The Department of Housing and Urban Development
estimates the percentage of households assisted by the
Department that are elderly households is 35 percent in New
York, 33 percent in Boston, 35 percent in Chicago, 24 percent
in Cleveland, 40 percent in Los Angeles, and 20 percent in
Puerto Rico.
(9) New service programs are needed to provide home-based
health services to residents in public housing and to provide
job training and job placement for persons receiving assistance
from the Department of Housing and Urban Development needing
employment.
(10) The Department of Housing and Urban Development should
establish a home-based health services pilot program to meet
the challenges of an increasing number of elderly in public
housing, simultaneously creating an opportunity to train job
seekers in a trade that provides home-based health services.
(b) Purposes.--The purposes of this Act are--
(1) to give flexibility to the Department of Housing and
Urban Development and other entities to promote training
programs and employment in home-based health services for
public housing residents; and
(2) to provide needed home care options to elderly and
disabled public housing residents to allow them to remain in
their homes and their communities.
SEC. 3. PILOT GRANT PROGRAM TO PROMOTE HOME-BASED HEALTH SERVICES
TRAINING AND EMPLOYMENT FOR PUBLIC HOUSING RESIDENTS AND
TO PROVIDE MEDICAID COVERED HOME-BASED HEALTH SERVICES TO
ELDERLY AND DISABLED PERSONS RECEIVING HUD PUBLIC HOUSING
ASSISTANCE.
Section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) is amended by adding at the end the following new subsection:
``(f) Grant Pilot Program To Promote Training and Employment in
Home-Based Health Services and To Provide Such Services to Elderly and
Disabled Public Housing Residents.--
``(1) Establishment of grant pilot program.--The Secretary
shall establish a grant pilot program to make grants to
eligible entities under paragraph (2) for use only for
promoting the training and employment of public housing
residents as home health aides and as providers of home-based
health services in order for such residents to provide Medicaid
covered home-based health services to either elderly or
disabled public housing residents, or both.
``(2) Eligible entities.--A grant under this subsection may
be made only to an entity that demonstrates--
``(A) it is a public housing agency, unit of State
or local government including an agency of such unit,
community health center, home care provider
organization, faith-based organization, labor
organization, or other organization determined to be
qualified by the Secretary; and
``(B) to the satisfaction of the Secretary that it
will establish an employment training program in home-
based health services that complies with regulations
issued by the Secretary.
``(3) Application.--To be eligible for a grant under this
subsection an eligible entity under paragraph (2) shall prepare
and submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
requires.
``(4) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to grant proposals from
eligible entities under paragraph (2) located within any of the
5 States and territories having the most households residing in
public housing.
``(5) Report to congress.--Not later than 30 months after
the enactment of this subsection, the Secretary shall submit a
report to Congress on the use and impact of the grant program
established by this subsection.
``(6) Definitions.--As used in this subsection:
``(A) Home-based health services.--The term `home-
based health services' means health care services
provided to an individual in a place of residence used
as such individual's home and includes--
``(i) home health services described in
section 1861(m) of the Social Security Act (42
U.S.C. 1395x(m));
``(ii) personal care services described in
section 1905(a)(24) of such Act (42 U.S.C.
1396d(a)(24)); and
``(iii) home-based services which may be
covered under a waiver under subsection (c) or
(d) of section 1915 of such Act (42 U.S.C.
1396n).
``(B) Home health aide.--The term `home health
aide' has the meaning given the term in section
1891(a)(3)(E) of the Social Security Act (42 U.S.C.
1395bbb(a)(3)(E)).
``(C) Medicaid covered.--The term `Medicaid
covered' means, with respect to home-based health
services, such services for which medical assistance is
available under a State plan under title XIX of the
Social Security Act.
``(7) Inapplicability of previous subsections.--Subsections
(a) through (e) shall not apply to this subsection.
``(8) Rule of construction.--Nothing in this subsection
shall be construed as affecting any requirement under State law
for training, licensure, or any other certification as a home
health aide or as a provider of any service included as a home-
based health service under this subsection.
``(9) Regulations.--Not later than 6 months after the date
of enactment of this subsection, the Secretary shall issue
regulations to carry out this subsection.
``(10) Authorization of appropriations.--There is
authorized to be appropriated to carry out this subsection
$2,500,000 for each of the fiscal years 2009, 2010, and
2011.''.
SEC. 4. MISCELLANEOUS PROVISIONS.
Section 3 of the Housing and Urban Development Act of 1968 (12
U.S.C. 1701u) is amended--
(1) in subsection (c)(2)(A) by inserting ``home-based
health services (as defined in section 34(f) of the United
States Housing Act of 1937 (42 U.S.C. 1437z-6(f)) for public
housing residents,'' after ``training and employment arising in
connection with''; and
(2) in subsection (d)(2)(A) by inserting ``home-based
health services (as defined in section 34(f) of the United
States Housing Act of 1937 (42 U.S.C. 1437z-6(f)) for public
housing residents,'' after ``contracts awarded for work to be
performed in connection with''.
SEC. 5. EXEMPTION FROM MEDICAL ASSISTANCE PAYMENT LIMITATION FOR
TERRITORIES FOR HOME HEALTH SERVICES FOR ELDERLY
INDIVIDUALS.
(a) In General.--Section 1108(g) of the Social Security Act (42
U.S.C. 1308(g)) is amended by adding at the end the following new
paragraph:
``(4) Exemption from medical assistance payment limitation
for home health services for elderly individuals.--Payment
limitations under this subsection and subsection (f) shall not
apply to amounts expended for home health services for
individuals 65 years of age or older.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to fiscal years beginning with fiscal year 2008.
SEC. 6. EXEMPTION FROM PART B LATE ENROLLMENT PENALTY FOR RESIDENTS OF
PUERTO RICO.
(a) In General.--Section 1839(b) of the Social Security Act (42
U.S.C. 1395r(b)) is amended by adding at the end the following: ``No
increase in the premium shall be effected for an individual who would
have been deemed enrolled in the medical insurance program under
section 1837(f) but for such individual residing in Puerto Rico.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to individuals with respect to initial enrollment periods under
section 1837(d) of the Social Security Act (42 U.S.C. 1395p(d)) that
begin on or after the first day of the first month that begins more
than 60 days after the date of enactment of this Act.
|
Home-Based Health Services Job Training and Caregiving Act of 2008 - Amends the United States Housing Act of 1937 to require the Secretary of Housing and Urban Development to establish a pilot program to make grants to eligible entities to promote the training and employment of public housing residents as home health aides and providers of home-based health services, in order for such residents to provide Medicaid-covered home-based health services to either elderly or disabled public housing residents, or both.
Qualifies as an eligible entity any public housing agency, state or local government (or agency), community health center, home care provider organization, faith-based organization, labor organization, or other organization meeting specified criteria.
Amends the Housing and Urban Development Act of 1968 to require the Secretary to: (1) ensure low- and very low-income persons, residing within a home-based health services public housing project, opportunities for training and employment arising in connection with such project; and (2) award contracts to businesses that provide such training and employment opportunities.
|
{"src": "billsum_train", "title": "To promote training and employment for public housing residents in home-based health services so such residents can provide Medicaid covered home-based health services to elderly and disabled persons receiving public housing assistance from the Department of Housing and Urban Development."}
| 2,075 | 212 | 0.600422 | 1.799451 | 0.972273 | 4.482759 | 8.901478 | 0.926108 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Currency Forfeitures Act''.
SEC. 2. DRUG CURRENCY FORFEITURES.
(a) In General.--Section 511 of the Controlled Substances Act (21
U.S.C. 881) is amended by inserting after subsection (j) the following:
``(k) Rebuttable Presumption.--
``(1) Definitions.--In this subsection--
``(A) the term `drug trafficking offense' means--
``(i) with respect to an action under
subsection (a)(6), any illegal exchange
involving a controlled substance or other
violation for which forfeiture is authorized
under that subsection; and
``(ii) with respect to an action under
section 981(a)(1)(B) of title 18, United States
Code, any offense against a foreign nation
involving the manufacture, importation, sale,
or distribution of a controlled substance for
which forfeiture is authorized under that
section; and
``(B) the term `shell corporation' means any
corporation that does not conduct any ongoing and
significant commercial or manufacturing business or any
other form of commercial operation.
``(2) Presumption.--In any action with respect to the
forfeiture of property described in subsection (a)(6) of this
section, or section 981(a)(1)(B) of title 18, United States
Code, there is a rebuttable presumption that property is
subject to forfeiture, if the Government offers a reasonable
basis to believe, based on any circumstance described in
subparagraph (A), (B), (C), or (D) of paragraph (3), that there
is a substantial connection between the property and a drug
trafficking offense.
``(3) Circumstances.--The circumstances described in this
paragraph are that--
``(A) the property at issue is currency in excess
of $10,000 that was, at the time of seizure, being
transported through an airport, on a highway, or at a
port-of-entry, and--
``(i) the property was packaged or
concealed in a highly unusual manner;
``(ii) the person transporting the property
(or any portion thereof) provided false
information to any law enforcement officer or
inspector who lawfully stopped the person for
investigative purposes or for purposes of a
United States border inspection;
``(iii) the property was found in close
proximity to a measurable quantity of any
controlled substance; or
``(iv) the property was the subject of a
positive alert by a properly trained dog;
``(B) the property at issue was acquired during a
period of time when the person who acquired the
property was engaged in a drug trafficking offense or
within a reasonable time after such period, and there
is no likely source for such property other than that
offense;
``(C)(i) the property at issue was, or was intended
to be, transported, transmitted, or transferred to or
from a major drug-transit country, a major illicit drug
producing country, or a major money laundering country,
as determined pursuant to section 481(e) of 490(h) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)
and 2291j(h)), as applicable; and
``(ii) the transaction giving rise to the
forfeiture--
``(I) occurred in part in a foreign country
whose bank secrecy laws render the United
States unable to obtain records relating to the
transaction by judicial process, treaty, or
executive agreement; or
``(II) was conducted by, to, or through a
shell corporation that was not engaged in any
legitimate business activity in the United
States; or
``(D) any person involved in the transaction giving
rise to the forfeiture action--
``(i) has been convicted in any Federal,
State, or foreign jurisdiction of a drug
trafficking offense or a felony involving money
laundering; or
``(ii) is a fugitive from prosecution for
any offense described in clause (i).
``(4) Other presumptions.--The establishment of the
presumption in this subsection shall not preclude the
development of other judicially created presumptions, or the
establishment of probable cause based on criteria other than
those set forth in this subsection.''.
(b) Money Laundering Forfeitures.--Section 981 of title 18, United
States Code, is amended by adding at the end the following:
``(k) Rebuttable Presumption.--In any action with respect to the
forfeiture of property described in subsection (a)(1)(A), there is a
rebuttable presumption that the property is the proceeds of an offense
involving the felonious manufacture, importation, receiving,
concealment, buying, selling, or otherwise dealing in a controlled
substance (as defined in section 102 of the Controlled Substances Act),
and thus constitutes the proceeds of specified unlawful activity (as
defined in section 1956(c)), if any circumstance set forth in
subparagraph (A), (B), (C), or (D) section 511(k)(3) of the Controlled
Substances Act (21 U.S.C. 881(k)(3)) is present.''.
|
Drug Currency Forfeitures Act - Amends the Controlled Substances Act to create a rebuttable presumption that property is subject to forfeiture if the Government offers a reasonable basis to believe that, based on specified circumstances, there is a substantial connection between the property and a drug trafficking offense. Includes among such circumstances that: (1) the property at issue is currency in excess of $10,000 that was being transported through an airport, on a highway, or at a port-of-entry and was packaged or concealed in a highly unusual manner, was being transported by a person who provided false information to any inspection officer, was found near a measurable quantity of a controlled substance, or was the subject of a positive alert by a trained dog; (2) the property at issue was acquired during a time period by a person who was engaged in a drug trafficking offense and there is no other likely source for such property; (3) the property at issue was, or was intended to be, transported, transmitted, or transferred to or from a major drug-transit country, illicit drug producing country, or money laundering country, and specified other conditions are met; or (4) any person involved in the transaction giving rise to the forfeiture action has been convicted in any Federal, State, or foreign jurisdiction of a drug trafficking offense or a felony involving money laundering, or is a fugitive from prosecution for such an offense.
Amends the Federal criminal code provisions concerning money laundering forfeitures to create a rebuttable presumption that property is the proceeds of an offense involving the felonious manufacture, importation, or other dealing in a controlled substance, and thus constitutes the proceeds of specified unlawful activity, if any of the circumstances set forth above apply.
|
{"src": "billsum_train", "title": "Drug Currency Forfeitures Act"}
| 1,212 | 394 | 0.724075 | 2.325808 | 0.82432 | 4.919403 | 3.143284 | 0.955224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stark Administrative Simplification
Act of 2017''.
SEC. 2. ALTERNATIVE SANCTIONS FOR TECHNICAL NONCOMPLIANCE WITH STARK
RULE UNDER MEDICARE.
Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is
amended by adding at the end the following new subsection:
``(j) Self-disclosure Protocols.--
``(1) In general.--Beginning one year after the date of the
enactment of this subsection--
``(A) an entity or individual may voluntarily
disclose a compensation arrangement with actual or
potential inadvertent technical noncompliance with
subsection (a)(1) (as defined in paragraph (3)(H))
pursuant to either the self-referral disclosure
protocol (defined in paragraph (2)) or the alternative
protocol for technical noncompliance under paragraph
(3);
``(B) disclosures voluntarily withdrawn from the
alternative protocol for technical noncompliance may be
submitted to the self-referral disclosure protocol; and
``(C) an entity that, prior to the establishment of
the alternative protocol for technical noncompliance,
disclosed to the self-referral disclosure protocol a
compensation arrangement that was in inadvertent
technical noncompliance with subsection (a)(1), may
elect, not later than one year after such alternative
protocol is established, to withdraw such disclosure
from the self-referral disclosure protocol and instead
submit the disclosure to such alternative protocol.
``(2) Self-referral disclosure protocol.--The term `self-
referral disclosure protocol' or `SRDP' means the protocol
specified in section 6409 of Public Law 111-148.
``(3) Alternative protocol for inadvertant technical
noncompliance.--
``(A) In general.--The Secretary shall establish,
not later than one year after the date of the enactment
of this subsection, an alternative protocol for
technical noncompliance (in this subsection referred to
as the `APTN') to enable entities to disclose
arrangements that were previously in inadvertent
technical noncompliance with subsection (a)(1) and,
upon the Secretary's acceptance of the disclosure, make
payment of a civil monetary penalty. Payment of such
civil monetary penalty for an arrangement shall resolve
only overpayments due and owing as a result of such
arrangement's inadvertent technical noncompliance with
subsection (a)(1). The provisions of section 6409 of
Public Law 111-148 shall not apply to this subsection.
``(B) Disclosure requirements.--Arrangements
disclosed to the APTN must--
``(i) involve only inadvertent technical
noncompliance with subsection (a)(1) that was
ended by termination or expiration of the
arrangement, or by action of the parties to the
arrangement to resolve the technical
noncompliance, prior to the date of submission
of the disclosure to the APTN;
``(ii) be made in the form and manner
specified by the Secretary on the public
Internet website of the Centers for Medicare &
Medicaid Services and include descriptions of--
``(I) the compensation arrangement
that was in technical noncompliance
with subsection (a)(1);
``(II) how and when the technical
noncompliance with subsection (a)(1)
was ended or the arrangement was
otherwise terminated; and
``(III) how the remuneration paid
under the compensation arrangement
being disclosed was--
``(aa) consistent with the
fair market value of the items
and services that were provided
under the compensation
arrangement; and
``(bb) not determined in a
manner that directly or
indirectly takes into account
the volume or value of
referrals or other business
generated between the parties;
``(iii) include a form settlement agreement
provided by the Secretary signed by the entity;
and
``(iv) include a certification from the
entity that, to the best of the entity's
knowledge, the information provided is truthful
information and is based on a good faith effort
to bring the matter to the Secretary's
attention.
``(C) Acceptance or rejection of disclosure by the
secretary.--The following rules shall apply to the
acceptance or rejection of a disclosure under the APTN:
``(i) The Secretary shall accept or reject
a complete, accurate, and timely disclosure.
``(ii) Upon receipt of a disclosure, the
Secretary shall notify the disclosing party of
such receipt.
``(iii) The Secretary may request
additional information from the disclosing
party.
``(iv) Upon acceptance by the Secretary,
the Secretary shall notify the disclosing party
in writing of such acceptance.
``(v) The disclosure shall be rejected if--
``(I) the disclosing party fails to
furnish the additional information
requested by the Secretary in such form
and manner as the Secretary may
specify; or
``(II) in the Secretary's sole
determination, the noncompliance
disclosed did not meet the disclosure
requirements specified in subparagraph
(B).
``(vi) The disclosure shall be accepted
if--
``(I) the Secretary has issued a
written notice to the disclosing party
that the disclosure is determined to
satisfy the requirements for
disclosures under this section; or
``(II) the disclosure is complete,
accurate, and timely and satisfies each
of the requirements for disclosures
under this section, 180 calendar days
have passed since notification of
receipt by the Secretary of the
disclosure, and the Secretary has not
rejected the disclosure during that
period.
``(vii) In determining whether to accept a
disclosure, the Secretary may reasonably rely
on the information and certifications included
in the disclosure.
``(D) Rule for withdrawal of disclosure.--Prior to
acceptance or rejection of a disclosure by the
Secretary, an entity may voluntarily withdraw such
disclosure from the APTN.
``(E) Civil monetary penalties pursuant to the
alternative protocol for technical noncompliance.--
``(i) In general.--Subject to clause (ii),
for each arrangement disclosed under this
subsection and accepted under subparagraph (C),
the Secretary shall impose a single civil
monetary penalty of--
``(I) $5,000, in the case in which
disclosure of the inadvertant technical
noncompliance with subsection (a)(1)
was submitted to the Secretary not
later than the date that is one year
after the initial date of inadvertent
technical noncompliance with subsection
(a)(1); or
``(II) $10,000, in the case in
which the disclosure of the inadvertant
technically noncompliance with
subsection (a)(1) was submitted to the
Secretary--
``(aa) after the date that
is more than one year after the
initial date of the entity's
inadvertent technical
noncompliance with subsection
(a)(1); and
``(bb) not after the date
that is 3 years (or, in the
case of a disclosure submitted
after the 5th year for which
this subsection applies, the
date that is 2 years) from the
initial date of the entity's
inadvertent technical
noncompliance with subsection
(a)(1).
``(ii) Special rule for entities that
disclosed to the aptn after withdrawing a
disclosure from the srdp.--In the case of an
entity that elects under paragraph (1)(C) to
withdraw a disclosure from the self-referral
disclosure protocol (as defined in paragraph
(2)) and instead submit the disclosure to the
APTN under this subsection, in determining the
applicable civil monetary penalty under clause
(i), the date of disclosure to the self-
referral disclosure protocol shall be
substituted for the date of disclosure to the
APTN.
``(F) Relation to advisory opinions.--The APTN
shall be separate from the advisory opinion process set
forth in regulations implementing subsection (g) of
this section.
``(G) Publication on internet website of aptn
information.--Not later than one year after the date of
the enactment of this subsection, the Secretary shall
post information on the public Internet website of the
Centers for Medicare & Medicaid Services to inform
relevant stakeholders of how to disclose and make
payment of a civil monetary penalty for inadvertent
technical noncompliance with subsection (a)(1).
``(H) Definitions.--In this subsection:
``(i) Technical noncompliance.--The term
`technical noncompliance with subsection
(a)(1)' means, with respect to a compensation
arrangement, that--
``(I) the arrangement is not signed
by one or more parties to the
arrangement;
``(II) following the expiration of
the arrangement, the arrangement was a
holdover arrangement for a period
longer than permitted in regulations
issued by the Secretary; or
``(III) the contemporaneous written
documentation evidencing the terms of
the arrangement identifies the parties
to the arrangement and the items,
services, space, or equipment, as
applicable, but is not sufficient to
satisfy the writing requirement of an
applicable exception.
``(ii) Inadvertent.--The term `inadvertent'
means, with respect to a compensation
arrangement that is in technical noncompliance
with subsection (a)(1), that an entity that is
a party to the compensation arrangement did not
know or should not have known of the
noncompliance.
``(I) Administration.--Chapter 35 of title 44,
United States Code, shall not apply to this subsection.
``(J) Implementation.--Notwithstanding any other
provision of law, the Secretary may implement the
provisions of this paragraph by program instruction or
otherwise.''.
|
Stark Administrative Simplification Act of 2017 This bill establishes alternative protocols and sanctions for inadvertent technical noncompliance with the Stark Rule against self-referral under Medicare. "Technical noncompliance" means, with respect to a compensation arrangement, that: (1) the agreement is not signed by one or more parties to the arrangement, (2) the arrangement was a holdover arrangement for a period longer than is allowed by the Centers for Medicare & Medicaid Services, or (3) documentation of the arrangement contains specified identifying information but is otherwise insufficient to satisfy the writing requirement of an applicable exception.
|
{"src": "billsum_train", "title": "Stark Administrative Simplification Act of 2017"}
| 2,183 | 149 | 0.566545 | 1.873527 | 0.709201 | 3.072072 | 17.648649 | 0.891892 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heart Disease Education, Analysis
Research, and Treatment for Women Act'' or the ``HEART for Women Act''.
SEC. 2. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) In General.--The Comptroller General of the United States shall
conduct a study investigating the extent to which sponsors of clinical
studies of investigational drugs, biologics, and devices and sponsors
of applications for approval or licensure of new drugs, biologics, and
devices comply with Food and Drug Administration requirements and
follow guidance for presentation of clinical study safety and
effectiveness data by sex, age, and racial subgroups.
(b) Report by GAO.--
(1) Submission.--Not later than 12 months after the date of
the enactment of this Act, the Comptroller General shall
complete the study under subsection (a) and submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a report on the results of such
study.
(2) Contents.--The report required by paragraph (1) shall
include each of the following:
(A) A description of the extent to which the Food
and Drug Administration assists sponsors in complying
with the requirements and following the guidance
referred to in subsection (a).
(B) A description of the effectiveness of the Food
and Drug Administration's enforcement of compliance
with such requirements.
(C) An analysis of the extent to which females,
racial and ethnic minorities, and adults of all ages
are adequately represented in Food and Drug
Administration-approved clinical studies (at all
phases) so that product safety and effectiveness data
can be evaluated by gender, age, and racial subgroup.
(D) An analysis of the extent to which a summary of
product safety and effectiveness data disaggregated by
sex, age, and racial subgroup is readily available to
the public in a timely manner by means of the product
label or the Food and Drug Administration's Website.
(E) Appropriate recommendations for--
(i) modifications to the requirements and
guidance referred to in subsection (a); or
(ii) oversight by the Food and Drug
Administration of such requirements.
(c) Report by HHS.--Not later than 6 months after the submission by
the Comptroller General of the report required under subsection (b),
the Secretary of Health and Human Services shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate a
response to that report, including a corrective action plan as needed
to respond to the recommendations in that report.
(d) Definitions.--In this section:
(1) The term ``biologic'' has the meaning given to the term
``biological product'' in section 351(i) of the Public Health
Service Act (42 U.S.C. 262(i)).
(2) The term ``device'' has the meaning given to such term
in section 201(h) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(h)).
(3) The term ``drug'' has the meaning given to such term in
section 201(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 321(g)).
SEC. 3. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN WITH
CARDIOVASCULAR DISEASES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-5. REPORTING ON QUALITY OF AND ACCESS TO CARE FOR WOMEN
WITH CARDIOVASCULAR DISEASES.
``Not later than September 30, 2013, and annually thereafter, the
Secretary of Health and Human Services shall prepare and submit to the
Congress a report on the quality of and access to care for women with
heart disease, stroke, and other cardiovascular diseases. The report
shall contain recommendations for eliminating disparities in, and
improving the treatment of, heart disease, stroke, and other
cardiovascular diseases in women.''.
SEC. 4. EXTENSION OF WISEWOMAN PROGRAM.
Section 1509 of the Public Health Service Act (42 U.S.C. 300n-4a)
is amended--
(1) in subsection (a)--
(A) by striking the heading and inserting ``In
General.--''; and
(B) in the matter preceding paragraph (1), by
striking ``may make grants'' and all that follows
through ``purpose'' and inserting the following: ``may
make grants to such States for the purpose''; and
(2) in subsection (d)(1), by striking ``there are
authorized'' and all that follows through the period and
inserting ``there are authorized to be appropriated $23,000,000
for fiscal year 2012, $25,300,000 for fiscal year 2013,
$27,800,000 for fiscal year 2014, $30,800,000 for fiscal year
2015, and $34,000,000 for fiscal year 2016.''.
Passed the House of Representatives September 30
(legislative day September 29), 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
|
Heart Disease Education, Analysis Research, and Treatment for Women Act or the HEART for Women Act - (Sec. 2) Directs to the Comptroller General to study and report to specified congressional committees on the extent to which sponsors of clinical studies of investigational drugs, biologics, and devices and sponsors of applications for approval or licensure of new drugs, biologics, and devices comply with Food and Drug Administration (FDA) requirements and follow guidance for presentation of clinical study safety and effectiveness data by sex, age, and racial subgroups. Requires the Secretary of Health and Human Services (HHS) to submit to such committees a response to the the Comptroller General's report, including a corrective action plan as needed to respond to the recommendations in such report.
(Sec. 3) Amends the Public Health Service Act to require the Secretary to report to Congress on the quality of, and access to, care for women with heart disease, stroke, and other cardiovascular diseases, including recommendations for eliminating disparities in, and improving the treatment of, heart disease, stroke, and other cardiovascular diseases in women.
(Sec. 4) Expands and reauthorizes appropriations for FY2012-FY2016 for a program to award grants for preventive heath services and referrals for medical treatment for women through entities that are screening women for breast or cervical cancer.
|
{"src": "billsum_train", "title": "To amend the Public Health Service Act to improve the prevention, diagnosis, and treatment of heart disease, stroke, and other cardiovascular diseases in women."}
| 1,203 | 308 | 0.683361 | 2.137325 | 0.845038 | 5.240157 | 4.165354 | 0.901575 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commodity Speculation Reform Act of
2009''.
SEC. 2. AUTHORITY OF COMMODITY FUTURES TRADING COMMISSION TO ISSUE NO
ACTION LETTERS.
Section 2(a)(1) of the Commodity Exchange Act (7 U.S.C. 2(a)(1)) is
amended by adding at the end the following:
``(G) Authority to issue no action letters to
foreign boards of trade.--
``(i) In general.--Except as provided in
clause (ii), the Commission may not issue a no
action letter to any foreign board of trade
that lists a contract the price of which
settles on the price of a contract traded on an
exchange regulated by the Commission.
``(ii) Exception.--The Commission may issue
a no action letter to a foreign board of trade
described in clause (i) if the foreign board of
trade provides to the Commission information
and data accessibility the scope of which is
comparable to the information and data
accessibility provided to the Commission by
entities under the jurisdiction of the
Commission.''.
SEC. 3. TREATMENT OF PURCHASES OF CERTAIN COMMODITY FUTURES CONTRACTS
AND FINANCIAL INSTRUMENTS.
Section 4a of the Commodity Exchange Act (7 U.S.C. 6a) is amended--
(1) by striking ``sec. 4a. (a) Excessive speculation'' and
inserting the following:
``SEC. 4A. EXCESSIVE SPECULATION.
``(a) Burden on Interstate Commerce; Trading or Position Limits.--
``(1) In general.--Excessive speculation and''; and
(2) in subsection (a) (as amended by paragraph (1)), by
adding at the end the following:
``(2) Treatment of purchases of certain commodity futures
contracts and financial instruments.--
``(A) Definitions.--In this paragraph:
``(i) Bona fide hedging transaction.--
``(I) In general.--The term `bona
fide hedging transaction' means a
transaction that--
``(aa) represents a
substitute for a transaction to
be made or a position to be
taken at a later time in a
physical marketing channel;
``(bb) is economically
appropriate for the reduction
of risks in the conduct and
management of a commercial
enterprise; and
``(cc) arises from the
potential change in the value
of--
``(AA) assets that
a person owns,
produces, manufactures,
possesses, or
merchandises (or
anticipates owning,
producing,
manufacturing,
possessing, or
merchandising);
``(BB) liabilities
that a person incurs or
anticipates incurring;
or
``(CC) services
that a person provides
or purchases (or
anticipates providing
or purchasing).
``(II) Exclusion.--The term `bona
fide hedging transaction' does not
include a transaction entered into on a
designated contract market for the
purpose of offsetting a financial risk
arising from an over-the-counter
commodity derivative.
``(ii) Over-the-counter commodity
derivative.--The term `over-the-counter
commodity derivative' means any agreement,
contract, or transaction that--
``(I)(aa) is traded or executed in
the United States; or
``(bb) is held by a person located
in the United States;
``(II) is not traded on a
designated contract market or
derivatives transaction execution
facility; and
``(III)(aa) is a put, call, cap,
floor, collar, or similar option of any
kind for the purchase or sale of, or
substantially based on the value of, 1
or more qualifying commodities or an
economic or financial index or measure
of economic or financial risk primarily
associated with 1 or more qualifying
commodities;
``(bb) provides on an executory
basis for the applicable transaction,
on a fixed or contingent basis, of 1 or
more payments substantially based on
the value of 1 or more qualifying
commodities or an economic or financial
index or measure of economic or
financial risk primarily associated
with 1 or more qualifying commodities,
and that transfers between the parties
to the transaction, in whole or in
part, the economic or financial risk
associated with a future change in any
such value without also conveying a
current or future direct or indirect
ownership interest in an asset or
liability that incorporates the
financial risk that is transferred; or
``(cc) is any combination or
permutation of, or option on, any
agreement, contract, or transaction
described in item (aa) or (bb).
``(iii) Over-the-counter commodity
derivative dealer.--The term `over-the-counter
commodity derivative dealer' means a person
that regularly offers to enter into, assume,
offset, assign, or otherwise terminate
positions in over-the-counter commodity
derivatives with customers in the ordinary
course of a trade or business of the person.
``(iv) Qualifying commodity.--The term
`qualifying commodity' means--
``(I) an agricultural commodity;
and
``(II) an energy commodity.
``(B) Regulations.--
``(i) In general.--Not later than 90 days
after the date of enactment of this paragraph,
in accordance with clauses (ii) and (iii), the
Commission shall promulgate regulations to
establish and enforce--
``(I) speculative position limits
for qualifying commodities;
``(II) a methodology--
``(aa) to enable persons to
aggregate the positions held or
controlled by the persons on
designated contract markets, on
derivatives transaction
execution facilities, and in
over-the-counter commodity
derivatives; and
``(bb) to ensure, to the
maximum extent practicable,
that the determinations made by
the Commission with respect to
each person examined under
subparagraph (C) accurately
reflect the net long and net
short positions held or
controlled by the person in the
underlying qualifying
commodity; and
``(III) information reporting rules
to facilitate the monitoring and
enforcement by the Commission of the
speculative position limits established
under subclause (I), including the
monitoring of positions held in over-
the-counter commodity derivatives.
``(ii) Applicability.--
``(I) Position limits.--The
speculative position limits established
under clause (i)(I) shall apply to
position limits that, with respect to
each applicable position limit, expire
during--
``(aa) the spot month;
``(bb) each separate
futures trading month (other
than the spot month); or
``(cc) the sum of each
trading month (including the
spot month).
``(II) Sum of positions.--The
speculative position limits established
under clause (i)(I) shall apply to the
sum of the positions held by a person--
``(aa) on designated
contract markets;
``(bb) on derivatives
transaction execution
facilities; and
``(cc) in over-the-counter
commodity derivatives.
``(iii) Maximum level of position limits.--
In establishing the speculative position limits
under clause (i)(I), the Commission shall set
the speculative position limits at the minimum
level practicable to ensure sufficient market
liquidity for the conduct of bona fide hedging
activities.
``(C) Prohibition relating to certain positions.--
``(i) In general.--Notwithstanding any
other provision of this Act, no person may hold
or control a position, separately or in
combination, net long or net short, for the
purchase or sale of a commodity for future
delivery or, on a futures-equivalent basis, any
option, or an over-the-counter commodity
derivative that exceeds a speculative position
limit established by the Commission under
subparagraph (B)(i)(I).
``(ii) Bona fide hedging transactions.--In
determining whether the sum of a position held
or controlled by a person has exceeded the
applicable speculative position limit
established by the Commission under
subparagraph (B)(i)(I), the Commission shall
not consider positions attributable to a bona
fide hedging transaction.
``(iii) Determination of position limits
for over-the-counter commodity derivative
dealers.--To determine the position of an over-
the-counter commodity derivative dealer, the
sum of the positions held or controlled by the
over-the-counter commodity derivative dealer
shall be--
``(I) calculated on the last day of
each month; and
``(II) considered, for the monthly
period covered by the determination, to
be the average daily net position held
or controlled by the over-the-counter
commodity derivative dealer for the
period beginning on the first day of
the month and ending on the last day of
the month.''.
|
Commodity Speculation Reform Act of 2009 - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC) from issuing a no action letter to any foreign board of trade that lists a contract whose price settles on the price of a contract traded on a CFTC-regulated exchange, unless the foreign board provides the CFTC with information and data accessibility comparable to those provided the CFTC by entities under its jurisdiction.
Directs the CFTC to promulgate regulations to establish and enforce speculative position limits for qualifying commodities, a methodology for aggregating specified positions, and information reporting rules to facilitate monitoring and enforcement of speculative position limits and over-the-counter commodity derivatives.
Prohibits a person from holding or controlling a position, separately or in combination, net long or net short, for the purchase or sale of a commodity for future delivery or, on a futures-equivalent basis, any option, or an over-the-counter commodity derivative that exceeds CFTC speculative position limits.
|
{"src": "billsum_train", "title": "A bill to amend the Commodity Exchange Act to clarify the treatment of purchases of certain commodity futures contracts and financial instruments with respect to limits established by the Commodity Futures Trading Commission relating to excessive speculation, and for other purposes."}
| 2,040 | 244 | 0.563291 | 1.503306 | 0.777995 | 4.320856 | 9.898396 | 0.887701 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Torture Victims Relief
Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The American people abhor torture by repressive
governments and other parties. The existence of torture creates
a climate of fear and international insecurity that affects all
people.
(2) Torture is the strategic use of pain to destroy both
individuals and society. The effects of torture are long term.
Those effects can last a lifetime for the survivors and affect
future generations.
(3) By eliminating leadership of their opposition and
frightening the general public, repressive governments use
torture as a weapon against democracy.
(4) Torture victims remain under physical and psychological
threats, especially in communities where the perpetrators are
not brought to justice. In many nations, even those who treat
torture victims are threatened with reprisals, including
torture, for carrying out their ethical duties to provide care.
Both the survivors of torture and their treatment providers
deserve, and often require, protection from further repression.
(5) A significant number of refugees and asylees entering
the United States have been victims of governmental torture.
Those claiming asylum deserve prompt consideration of their
applications for political asylum to minimize their insecurity
and sense of danger. Many torture survivors now live in the
United States. They should be provided with the rehabilitation
services which would enable them to become productive members
of our communities.
(6) The development of a treatment movement for torture
survivors has created new opportunities for action by the
United States and other nations to oppose state-sponsored and
other acts of torture.
(7) There is a need for a comprehensive strategy to protect
and support torture victims and their treatment providers
together with overall efforts to eliminate torture.
(8) By acting to heal the survivors of torture and protect
their families, the United States can help to heal the effects
of torture and prevent its use around the world.
(9) The United States has ratified the Convention Against
Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment, but has not implemented all provisions of the
convention.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) In general.--Except as otherwise provided, the terms
used in this Act have the meaning given such terms in section
101(a) of the Immigration and Nationality Act.
(2) Torture.--The term ``torture'' has the meaning given
such term in section 2340(1) of title 18, United States Code,
and includes the use of rape and other forms of sexual violence
by a person acting under the color of law upon another person
under his custody or physical control.
SEC. 4. PROHIBITION ON INVOLUNTARY RETURN OF PERSONS FEARING SUBJECTION
TO TORTURE.
(a) Prohibition.--The United States shall not expel, extradite, or
return involuntarily an individual to a country if there is substantial
evidence of circumstances that would lead a reasonable person to
believe that the individual would fear subjection to torture.
(b) Definition.--For purposes of this section, the term ``to return
involuntarily'', in the case of an individual in any locale, means the
following:
(1) To return the individual without the individual's
consent, whether or not the return is induced by physical
force.
(2) To take an action by which it is reasonably foreseeable
that the individual will be returned, whether or not the return
is induced by physical force.
SEC. 5. IMMIGRATION PROCEDURES FOR TORTURE VICTIMS.
(a) In General.--Any alien--
(1) who presents a credible claim of having been subjected
to torture in the alien's country of nationality, or, in the
case of an alien having no nationality, the country in which
the alien last habitually resided, and
(2) who applies for--
(A) refugee status under section 207 of the
Immigration and Nationality Act,
(B) asylum under section 208 of that Act, or
(C) withholding of deportation under section 243(h)
of that Act,
shall be processed in accordance with this section.
(b) Consideration of the Effects of Torture.--In considering
applications for refugee status, asylum, or withholding of deportation
made by aliens described in subsection (a), the appropriate officials
shall take into account--
(1) the manner in which the effects of torture can affect
the applicant's responses in the application and in the
interview process or other immigration proceedings, as the case
may be;
(2) the difficulties torture victims often have in
recounting their suffering under torture; and
(3) the fear victims have of returning to their country of
nationality where, even if torture is no longer practiced or
the incidence of torture is reduced, their torturers may have
gone unpunished and may remain in positions of authority.
(c) Expedited Processing of Refugee Admissions.--For purposes of
section 207(c) of the Immigration and Nationality Act, a refugee who
presents a credible claim of having been subjected to torture shall be
considered to be a refugee of special humanitarian concern to the
United States and shall be accorded priority in selection from the
waiting list of such refugees based on compelling humanitarian
concerns.
(d) Expedited Processing for Asylum and Withholding of
Deportation.--Upon the request of the alien, the alien's counsel, or a
health care professional treating the alien, an asylum officer or
special inquiry officer may expedite the scheduling of an asylum
interview or an exclusion or deportation proceeding for an alien
described in subsection (a), if such officer determines that an undue
delay in making a determination regarding asylum or withholding of
deportation with respect to the alien would aggravate the physical or
psychological effects of torture upon the alien.
(e) Parole in Lieu of Detention.--The finding, upon inspection at a
port of entry of the United States, that an alien described in
subsection (a) suffers from the effects of torture, such as depressive
and anxiety disorders, shall be a strong presumptive basis for a grant
of parole, under section 212(d)(5) of the Immigration and Nationality
Act, in lieu of detention.
(f) Sense of Congress.--It is the sense of Congress that the
Attorney General shall allocate resources sufficient to maintain in the
Resource Information Center of the Immigration and Naturalization
Service information relating to the use of torture in foreign
countries.
SEC. 6. SPECIALIZED TRAINING FOR CONSULAR, IMMIGRATION, AND ASYLUM
PERSONNEL.
(a) In General.--The Attorney General shall provide training for
immigration inspectors and examiners, immigration officers, asylum
officers, special inquiry officers, and all other relevant officials of
the Department of Justice, and the Secretary of State shall provide
training for consular officers, with respect to--
(1) the identification of the evidence of torture;
(2) the identification of the surrounding circumstances in
which torture is practiced;
(3) the long-term effects of torture upon the person;
(4) the identification of the physical, cognitive, and
emotional effects of torture, including depressive and anxiety
disorders, and the manner in which these effects can affect the
interview or hearing process; and
(5) the manner of interviewing victims of torture so as not
to retraumatize them, eliciting the necessary information to
document the torture experience, and understanding the
difficulties victims often have in recounting their torture
experience.
(b) Gender-Related Considerations.--In conducting training under
subsection (a)(4) or subsection (a)(5), gender specific training shall
be provided on the subject of interacting with women and men who are
victims of torture by rape or any other form of sexual violence.
SEC. 7. STUDY AND REPORT ON TORTURE VICTIMS IN THE UNITED STATES.
(a) Study.--The National Institutes of Health shall conduct a study
with respect to refugees and asylees admitted to the United States
since October 1, 1987, who were tortured abroad, for the purpose of
identifying--
(1) the estimated number and geographic distribution of
such persons;
(2) the needs of such persons for recovery services; and
(3) the availability of such services.
(b) Report.--Not later than December 31, 1997, the National
Institutes of Health shall submit a report to the Judiciary Committees
of the House of Representatives and the Senate setting forth the
findings of the study conducted under subsection (a), together with any
recommendation for increasing the services available to persons
described in subsection (a), including any recommendation for
legislation, if necessary.
SEC. 8. DOMESTIC TREATMENT CENTERS.
(a) Amendment of the Immigration and Nationality Act.--Section 412
of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by
adding at the end the following new subsection:
``(g) Assistance for Treatment of Torture Victims.--(1) The
Secretary may provide grants to programs in the United States to cover
the cost of the following services:
``(A) Services for the rehabilitation of victims of
torture, including treatment of the physical and psychological
effects of torture.
``(B) Social services for victims of torture.
``(C) Research and training for health care providers
outside of treatment centers or programs for the purpose of
enabling such providers to provide the services described in
subparagraph (A).
``(2) For purposes of this subsection, the term `torture' has the
meaning given to such term in section 3 of the Comprehensive Torture
Victims Relief Act.''.
(b) Funding.--Of the amounts authorized to be appropriated for the
Department of Health and Human Services for fiscal year 1996, there is
authorized to be appropriated such sums as may be necessary to carry
out section 412(g) of that Act (relating to assistance for domestic
centers and programs for the treatment of victims of torture), as added
by subsection (a). Amounts appropriated pursuant to this subsection
shall remain available until expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1995.
SEC. 9. FOREIGN TREATMENT CENTERS.
(a) Amendments of the Foreign Assistance Act of 1961.--Part I of
the Foreign Assistance Act of 1961 is amended by adding at the end of
chapter 1 the following new section:
``Sec. 129. Assistance for Victims of Torture.--(a) The President
is authorized to provide assistance for the rehabilitation of victims
of torture.
``(b) Such assistance shall be provided in the form of grants to
treatment centers and programs in foreign countries which are carrying
out projects or activities specifically designed to treat victims of
torture for the physical and psychological effect of the torture.
``(c) Such assistance shall be available--
``(1) for direct services to victims of torture; and
``(2) to provide research and training to health care
providers outside of treatment centers or programs for the
purpose of enabling such providers to provide the services
described in paragraph (1).
``(d) For purposes of this section, the term `torture' has the
meaning given such term in section 3 of the Comprehensive Torture
Victims Relief Act.''.
(b) Funding.--Of the total amount authorized to be appropriated in
fiscal years 1996 and 1997 pursuant to chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 and pursuant to
section 31 of the Arms Export Control Act, there is authorized to be
appropriated such sums as may be necessary to carry out section 129 of
the Foreign Assistance Act, as added by subsection (a). Amounts
appropriated pursuant to this subsection shall remain available until
expended.
(c) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 1995.
SEC. 10. MULTILATERAL ASSISTANCE.
(a) Funding.--Of the amounts authorized to be appropriated in
fiscal years 1996 and 1997 pursuant to chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 and pursuant to
section 31 of the Arms Export Control Act, there are authorized to be
appropriated to the United Nations Voluntary Fund for Victims of
Torture (in this section referred to as the ``Fund'') the following
amounts for the following fiscal years:
(1) For fiscal year 1996, $4,000,000.
(2) For fiscal year 1997, $5,000,000.
(b) Availability of Funds.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of the Congress that the
President, acting through the United States Permanent Representative to
the United Nations, should--
(1) request the Fund--
(A) to find new ways to support and protect
treatment centers and programs that are carrying out
rehabilitative services for victims of torture; and
(B) to encourage the development of new such
centers and programs;
(2) use the voice and vote of the United States to support
the work of the Special Rapporteur on Torture and the Committee
Against Torture established under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and
(3) use the voice and vote of the United States to
establish a country rapporteur or similar procedural mechanism
to investigate human rights violations in a country if either
the Special Rapporteur or the Committee Against Torture
indicates that a systematic practice of torture is prevalent in
that country.
|
Comprehensive Torture Victims Relief Act - Prohibits the U.S. Government from expelling, extraditing, or involuntarily returning an individual to a country if there is substantial evidence that the individual would fear subjection to torture.
Allows any alien presenting a credible claim of having been tortured in the alien's country of nationality (or, in the case of an alien having no nationality, that country in which the alien last habitually resided) and who applies for refugee status, asylum, or withholding of deportation under the Immigration and Nationality Act (INA) to be processed in accordance with this Act.
Sets forth provisions regarding: (1) consideration by appropriate officials of the effects of torture; (2) expedited processing of refugee admissions and for asylum and withholding of deportation; and (3) parole in lieu of detention.
Directs the Attorney General, other officials of the Department of Justice, and the Secretary of State to provide training for immigration officials and consular officers regarding the identification of evidence of torture, the circumstances surrounding torture, the long-term effects and the physical, cognitive, and emotional effects of torture, and the appropriate manner of interviewing torture victims.
Directs the National Institutes of Health to study and report to specified congressional committees with respect to the estimated number and geographic distribution, needs, and availability of services of refugees and asylum-seekers admitted to the United States since October 1, 1987, who were tortured abroad.
Amends the INA to authorize the Secretary of Health and Human Services to provide grants to programs in the United States to cover the cost of specified services for torture victims. Authorizes the appropriation of funds to assist domestic centers and programs for the treatment of torture victims.
Amends the Foreign Assistance Act of 1961 to authorize the President to provide grants to treatment centers and programs in foreign countries which are specifically carrying out projects or activities to treat victims of torture. Authorizes appropriations.
Authorizes appropriations to the United Nations Voluntary Fund for Victims of Torture for FY 1996 through 1997.
|
{"src": "billsum_train", "title": "Comprehensive Torture Victims Relief Act"}
| 2,982 | 445 | 0.492556 | 1.611855 | 0.714842 | 4.18299 | 7.113402 | 0.914948 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small and Rural Community Clean
Water Technical Assistance Act''.
SEC. 2. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS.
(a) In General.--Title II of the Federal Water Pollution Control
Act (33 U.S.C. 1281 et seq.) is amended by adding at the end the
following:
``SEC. 222. TECHNICAL ASSISTANCE FOR SMALL TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Qualified nonprofit small treatment works technical
assistance provider.--The term `qualified nonprofit small
treatment works technical assistance provider' means a
nonprofit organization that, as determined by the
Administrator--
``(A) is qualified and experienced in providing
training and technical assistance to small treatment
works; and
``(B) the small treatment works in the State finds
to be the most beneficial and effective.
``(2) Small treatment works.--The term `small treatment
works' means a publicly owned treatment works serving not more
than 10,000 individuals.
``(b) Technical Assistance.--The Administrator may use amounts made
available to carry out this section to provide grants or cooperative
agreements to qualified nonprofit small treatment works technical
assistance providers to provide to owners and operators of small
treatment works onsite technical assistance, circuit rider technical
assistance programs, multi-State, regional technical assistance
programs, and onsite and regional training, to assist the small
treatment works in achieving compliance with this Act or obtaining
financing under this Act for eligible projects.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section for grants for small treatment
works technical assistance, $15,000,000 for each of fiscal years 2018
through 2022.
``SEC. 223. TECHNICAL ASSISTANCE FOR MEDIUM TREATMENT WORKS.
``(a) Definitions.--In this section:
``(1) Medium treatment works.--The term `medium treatment
works' means a publicly owned treatment works serving not fewer
than 10,001 and not more than 75,000 individuals.
``(2) Qualified nonprofit medium treatment works technical
assistance provider.--The term `qualified nonprofit medium
treatment works technical assistance provider' means a
qualified nonprofit technical assistance provider of water and
wastewater services to medium-sized communities that provides
technical assistance (including circuit rider technical
assistance programs, multi-State, regional assistance programs,
and training and preliminary engineering evaluations) to owners
and operators of medium treatment works, which may include a
State agency.
``(b) Technical Assistance.--The Administrator may use amounts made
available to carry out this section to provide grants or cooperative
agreements to qualified nonprofit medium treatment works technical
assistance providers to provide to owners and operators of medium
treatment works onsite technical assistance, circuit-rider technical
assistance programs, multi-State, regional technical assistance
programs, and onsite and regional training to assist medium treatment
works that are facing difficulty in achieving compliance with this Act
or obtaining financing under this Act for eligible projects.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2018 through 2022.''.
(b) Water Pollution Control Revolving Loan Funds.--
(1) In general.--Section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended--
(A) in subsection (d)--
(i) in the matter preceding paragraph (1),
by inserting ``and as provided in subsection
(e)'' after ``State law'';
(ii) by redesignating subsections (e)
through (i) as subsections (f) through (j),
respectively; and
(iii) by inserting after subsection (d) the
following:
``(e) Additional Use of Funds.--A State may use an additional 2
percent of the funds annually allotted to the State under this section
for qualified nonprofit small treatment works technical assistance
providers (as the term is defined in section 222) and qualified
nonprofit medium treatment works technical assistance providers (as the
term is defined in section 223) to provide technical assistance to
small treatment works (as the term is defined in section 222) and
medium treatment works (as the term is defined in section 223) in the
State.''.
(2) Conforming amendment.--Section 221(d) of the Federal
Water Pollution Control Act (33 U.S.C. 1301(d)) is amended by
striking ``section 603(h)'' and inserting ``section 603(i)''.
|
Small and Rural Community Clean Water Technical Assistance Act This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to authorize the Environmental Protection Agency to provide grants or cooperative agreements to qualified technical assistance providers for assisting publicly owned treatment works (POTWs) that are small (serving 10,000 individuals or fewer) or medium (serving no fewer than 10,001 and not more than 75,000 individuals) in size. The technical assistance providers must assist the POTWs in complying with the Act or obtaining financing under the Act for eligible projects. Assistance may be provided to POTWs through onsite technical assistance, circuit rider technical assistance programs, regional technical assistance programs, and onsite and regional training.
|
{"src": "billsum_train", "title": "Small and Rural Community Clean Water Technical Assistance Act"}
| 1,051 | 158 | 0.671027 | 1.875573 | 0.744425 | 3.143939 | 6.954545 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Lawful Commerce in
Arms Act''.
SEC 2. AMENDMENT TO ORGANIC ACT.
The Act entitled ``An Act to establish the Department of Commerce
and Labor'', approved February 14, 1903 (15 U.S.C. 1501 et seq.), is
amended by redesignating section 13 as section 14 and by inserting
after section 12 the following:
``SEC. 13. RESTRICTION ON COMMERCE.
``(a) Secretary of Commerce List.--The Secretary of Commerce shall
establish and maintain a list consisting of each person that notifies
the Secretary under subsection (b) that it is a manufacturer or seller
in interstate or foreign commerce of a firearm or ammunition product or
is a trade association representing such manufacturers or sellers. The
list shall contain the name of the person, the chief executive officer
of the person, and the address and location of the headquarters of the
person. The Secretary shall maintain and update the list and may
publish the list in the Federal Register.
``(b) Notification.--Each person that--
``(1) is a manufacturer in interstate or foreign commerce
of a firearm or ammunition product, and is licensed to engage
in business as such manufacturer to the extent required under
chapter 44 of title 18, United States Code,
``(2) is a seller in interstate or foreign commerce of a
firearm or ammunition product, and is licensed to engage in
business as such seller to the extent required under chapter 44
of title 18, United States Code, or
``(3) is a trade association representing such
manufacturers or sellers,
may notify the Secretary of its existence and provide to the Secretary
the information described in subsection (a).
``(c) Freedom From Restriction.--Conduct that--
``(1)(A) is carried out by a manufacturer in interstate or
foreign commerce of a firearm or ammunition product, involves
such firearm or ammunition product, and is described in
paragraph (4) of subsection (d);
``(B) is carried out by a seller in interstate or foreign
commerce of a firearm or ammunition product, involves a firearm
or ammunition product, and is described in paragraph (6) of
subsection (d); or
``(C) is carried out by a trade association in the course
of organizing, advising, or representing its members who are
manufacturers in interstate or foreign commerce of a firearm or
ammunition product, or who are sellers in interstate or foreign
commerce of a firearm or ammunition product, with respect to
conduct of such manufacturers or sellers described in paragraph
(4) or (6) of subsection (d), as the case may be; and
``(2) is lawful under chapter 44 of title 18, United States
Code, or under applicable State law;
shall not be a basis for imposing a restriction on interstate or
foreign commerce on a person on the list described in subsection (a) as
a result of harm caused by the criminal or other unlawful misuse of
such firearm or ammunition product by any other person.
``(d) Definitions.--In this section:
``(1) Ammunition product.--The term `ammunition product'
means `ammunition' as defined in section 921(a)(17) of title
18, United States Code, and includes a component part of such
ammunition product that has been shipped or transported in
interstate or foreign commerce.
``(2) Firearm product.--The term `firearm product' means
`firearm' as defined in subparagraph (A) or (B) section
921(a)(3) of title 18, United States Code, and includes any
`antique firearm' as defined in section 921(a)(16) of such
title, and includes a component part of such a firearm that has
been shipped or transported in interstate or foreign commerce.
``(3) Interstate or foreign commerce.--The term `interstate
or foreign commerce' has the meaning given that term in
section 921(a)(2) of title 18, United States Code.
``(4) Manufacturer.--The term `manufacturer in interstate
or foreign commerce of a firearm or ammunition product' means--
``(A) a person who, in the course of a business in
interstate or foreign commerce to import, make,
produce, create, assemble, design, or formulate a
firearm or ammunition product, imports, makes,
produces, creates, assembles, designs, or formulates a
firearm or ammunition product, or engages another
person to import, make, produce, create, assemble,
design, or formulate a firearm or ammunition product;
``(B) a seller in interstate or foreign commerce of
a firearm or ammunition product made by another person,
but only with respect to an aspect of the firearm or
ammunition product that the seller makes, produces,
creates, assembles, designs, or formulates; and
``(C) any seller in interstate or foreign commerce
of a firearm or ammunition product on which, or on the
packaging of which, the seller is also represented as
the manufacturer of the firearm or ammunition product.
``(5) Restriction on interstate or foreign commerce.--The
term `restriction on interstate or foreign commerce'--
``(A) means--
``(i) civil damages or equitable relief, or
``(ii) any other limitation or condition,
awarded or ordered by a Federal, State, or local court,
that restricts the ability of a person listed under
subsection (a) to freely engage in interstate or
foreign commerce with respect to firearm or ammunition
products, or of a trade association listed under
subsection (a) to freely engage in lawful activities on
behalf of its membership; and
``(B) does not include any damages, equitable
relief, or other limitation or condition arising from--
``(i) breach of contract or warranty in
connection with the purchase of a firearm or
ammunition product; or
``(ii) physical injuries or property damage
resulting directly from the failure to function
or improper functioning of a firearm or
ammunition product, when used as intended, due
to a defect in design or manufacture.
``(6) Seller.--The term `seller in interstate or foreign
commerce of a firearm or ammunition product' means a person
who--
``(A) in the course of a business conducted in
interstate or foreign commerce for such purpose, sells,
distributes, rents, leases, prepares, blends, packages,
labels, or otherwise is involved in placing a firearm
or ammunition product in the stream of commerce; or
``(B) in the course of a business conducted in
interstate or foreign commerce for such purpose,
installs, repairs, refurbishes, reconditions, or
maintains an aspect of a firearm or ammunition product.
``(7) State.--The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
``(8) Trade association.--The term `trade association'
means any association or business organization (whether or not
incorporated under the laws of any State), 2 or more members of
which are manufacturers or sellers in interstate or foreign
commerce of a firearm or ammunition product.
``(e) Limitation on Use of List.--No officer, agency, or
instrumentality of the United States may use the list established and
maintained under this section for any purpose other than the
enforcement of the provisions of this section, nor shall the list be
used or allowed to be used in any way that would result in the creation
of any registry of firearms, firearm owners, or firearm purchasers by
the United States, or by any State or any political subdivision
thereof.''.
|
Protection of Lawful Commerce in Arms Act - Amends the Organic Act establishing the Department of Commerce to direct the Secretary of Commerce to establish and maintain a list of each person that notifies the Secretary that it is a manufacturer or seller that is: (1) licensed to engage in interstate or foreign commerce of a firearm (including antique firearm) or ammunition product; or (2) is a trade association representing such manufacturers or sellers. Declares that any lawful conduct carried out by a manufacturer or seller in interstate or foreign commerce of a firearm or ammunition product, or lawful conduct carried out by a trade association in the course of representing such manufacturers or sellers, shall not be the basis for imposing a restriction on such commerce (the award of civil damages, equitable relief, or any other specified limitation) as a result of harm caused by the criminal or other unlawful misuse of such firearm or ammunition product by any other person.
|
{"src": "billsum_train", "title": "A bill to amend the Act establishing the Department of Commerce to protect manufacturers and sellers in the firearms and ammunition industry from restrictions on interstate or foreign commerce."}
| 1,698 | 198 | 0.656652 | 1.9484 | 0.820335 | 5.460674 | 8.988764 | 0.955056 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Student Financial Aid Simplification
Act''.
SEC. 2. FAFSA SIMPLIFICATION.
Section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``The Secretary''
and inserting ``Subject to subsection (i), the
Secretary''; and
(B) in paragraph (6), by striking ``The need'' and
inserting ``Subject to subsection (i), the need''; and
(2) by adding at the end the following new subsection:
``(i) FAFSA Simplification.--
``(1) In general.--Effective with respect to academic year
2013-2014 and each succeeding academic year and notwithstanding
subsection (a)(6) and any other provision of this section, with
respect to a student who is a taxpayer or a dependent of a
taxpayer and who does not meet the requirements of subsection
(b) or (c) of section 479, the need and eligibility of such
student for financial assistance under part A through E (other
than subpart 4 of part A) may be determined only by--
``(A) authorizing the Secretary to obtain from the
Internal Revenue Service income data, and other
taxpayer data needed to compute an expected family
contribution for the student, from two years prior to
the student's planned enrollment date; and
``(B) submitting to the Secretary the supplemental
information described in paragraph (3).
``(2) Authorization under the irc and distribution of
data.--Returns and return information (as defined in section
6103 of the Internal Revenue Code of 1986) may be obtained
under paragraph (1)(A) only to the extent authorized by section
6103(l)(23) of such Code, except that institutions of higher
education and States shall receive, without charge, such
information from the Secretary for the purposes of processing
loan applications and determining need and eligibility for
institutional and State financial aid awards.
``(3) Supplemental information.--Each student described in
paragraph (1) who is applying for financial assistance under
parts A through E (other than under subpart 4 of part A) shall
submit to the Secretary at such time and in such manner as
required by the Secretary, any information that is needed to
determine the student's need and eligibility for such financial
assistance or to administer the programs under this title, but
that is not available from the Internal Revenue Service to the
extent authorized by section 6103(l)(23) of the Internal
Revenue Code of 1986, including information with respect to the
student's--
``(A) citizenship or permanent residency status;
``(B) dependency status;
``(C) registration for selective service;
``(D) State of legal residence;
``(E) family members, including the total number
and the number in postsecondary education;
``(F) secondary school completion status;
``(G) drug conviction status;
``(H) completion of a first bachelor's degree;
``(I) email address; and
``(J) institution or institutions of higher
education in which the student is enrolled or to which
the student is applying for admission.
``(4) Regulations.--
``(A) In general.--The Secretary shall prescribe
such regulations as may be necessary to carry out this
subsection.
``(B) Inapplicability of rulemaking requirements.--
Sections 482(c) and 492 shall not apply to the
regulations required by this paragraph.''.
SEC. 3. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986.
Section 6103(l) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(23) Disclosure of return information to determine the
need and eligibility of a student for federal student financial
aid.--
``(A) In general.--The Secretary may, upon written
request from the Secretary of Education, disclose to
officers and employees of the Department of Education
return information with respect to a taxpayer or a
dependent of a taxpayer who may be eligible for Federal
student financial aid and whose need and eligibility
for such aid is based in whole or in part on the
taxpayer's income or the income of the parents of the
dependent. Such return information shall be limited
to--
``(i) taxpayer identity information with
respect to such taxpayer;
``(ii) the filing status of such taxpayer;
``(iii) the adjusted gross income of such
taxpayer; and
``(iv) any other data of such taxpayer
necessary to determine the expected family
contribution (within the meaning of part F of
title IV of the Higher Education Act of 1965
(20 U.S.C. 1087kk et seq.)) of such taxpayer or
the dependent of such taxpayer, as applicable.
``(B) Restriction on use of disclosed
information.--Return information disclosed under
subparagraph (A) may be used by officers and employees
of the Department of Education only for the purposes
of, and to the extent necessary in, processing the
student loan application, and establishing need and
eligibility for Federal student financial aid, of a
taxpayer or a dependent of a taxpayer.
``(C) Federal student loans and grants.--For
purposes of this paragraph, the term `Federal student
financial aid' means financial assistance under part A
through E (other than under subpart 4 of part A) of
title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.).''.
|
Student Financial Aid Simplification Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to determine students' need and eligibility for title IV assistance, unless they qualify for the simplified needs test or expect no family contribution, by using tax return information regarding those students or their parents that this Act authorizes the Secretary of Education to obtain from the Internal Revenue Service (IRS). Requires those students to submit to the Secretary certain supplementary information not available from the IRS.
Requires the Secretary to provide institutions of higher education and states with that tax return information, without charge, for the purposes of processing loan applications and determining need and eligibility for institutional and state financial aid.
Amends the Internal Revenue Code to authorize the Secretary of the Treasury to disclose tax return information to the Department of Education regarding taxpayers or their dependents whose need and eligibility for assistance under title IV of the HEA is based in whole or part on their income or their parents' income.
|
{"src": "billsum_train", "title": "To simplify the process for determining the need and eligibility of students for financial assistance under the Higher Education Act of 1965, and for other purposes."}
| 1,236 | 215 | 0.640748 | 1.74207 | 0.793551 | 2.617801 | 6.099476 | 0.795812 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Watermelon Research
and Promotion Improvement Act of 1993''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Change to majority vote in referendum procedures.
Sec. 3. Expansion of watermelon plans to entire United States.
Sec. 4. Clarification of differences between producers and handlers.
Sec. 5. Clarification of collection of assessments by the Board.
Sec. 6. Changes to assessment rate not subject to formal rulemaking.
Sec. 7. Elimination of watermelon assessment refund.
Sec. 8. Equitable treatment of watermelon plans.
Sec. 9. Definition of producer.
Sec. 10. Amendment procedure.
SEC. 2. CHANGE TO MAJORITY VOTE IN REFERENDUM PROCEDURES.
Section 1653 of the Watermelon Research and Promotion Act (7 U.S.C.
4912) is amended--
(1) by inserting ``(a)'' after ``Sec. 1653.'';
(2) by striking the third sentence; and
(3) by adding at the end the following new subsection:
``(b) A plan issued under this subtitle shall not take effect unless
the Secretary determines that the issuance of the plan is approved or
favored by a majority of the producers and handlers (and importers who
are subject to the plan) voting in the referendum.''.
SEC. 3. EXPANSION OF WATERMELON PLANS TO ENTIRE UNITED STATES.
(a) Definitions.--Section 1643 of the Watermelon Research and
Promotion Act (7 U.S.C. 4902) is amended--
(1) in paragraph (3), by striking ``the forty-eight contiguous
States of''; and
(2) by adding at the end the following new paragraph:
``(10) The term `United States' means each of the several States
and the District of Columbia.''.
(b) Issuance of Plans.--The last sentence of section 1644 of such
Act (7 U.S.C. 4903) is amended by striking ``the forty-eight contiguous
States of''.
SEC. 4. CLARIFICATION OF DIFFERENCES BETWEEN PRODUCERS AND HANDLERS.
Section 1647(c) of the Watermelon Research and Promotion Act (7
U.S.C. 4906(c)) is amended by adding at the end the following new
paragraph:
(1) by inserting ``(1)'' after ``(c)''; and
(2) by adding at the end the following new paragraph:
``(2) A producer shall be eligible to serve on the Board only as a
representative of handlers, and not as a representative of producers,
if--
``(A) the producer purchases watermelons from other producers,
in a combined total volume that is equal to 25 percent or more of
the producer's own production; or
``(B) the combined total volume of watermelons handled by the
producer from the producer's own production and purchases from other
producers' production is more than 50 percent of the producer's own
production.''.
SEC. 5. CLARIFICATION OF COLLECTION OF ASSESSMENTS BY THE BOARD.
Section 1647 of the Watermelon Research and Promotion Act (7 U.S.C.
4906) is amended--
(1) in subsection (f), by striking ``collection of the
assessments by the Board'' and inserting ``payment of the
assessments to the Board.''; and
(2) in paragraphs (1) and (3) of subsection (g), by striking
``collected'' each place it appears and inserting ``received''.
SEC. 6. CHANGES TO ASSESSMENT RATE NOT SUBJECT TO FORMAL RULEMAKING.
Section 1647(f) of the Watermelon Research and Promotion Act (7
U.S.C. 4906(f)) is amended by adding at the end the following new
sentences: ``In fixing or changing the rate of assessment pursuant to
the plan, the Secretary shall comply with the notice and comment
procedures established under section 553 of title 5, United States Code.
Sections 556 and 557 of such title shall not apply with respect to
fixing or changing the rate of assessment.''.
SEC. 7. ELIMINATION OF WATERMELON ASSESSMENT REFUND.
Section 1647(h) of the Watermelon Research and Promotion Act (7
U.S.C. 4906(h)) is amended--
(1) by striking ``(h) The'' and inserting ``(h)(1) Except as
provided in paragraph (2), the''; and
(3) by adding at the end the following new paragraphs:
``(2) If approved in the referendum required by section 1655(b)
relating to the elimination of the assessment refund under paragraph
(1), the Secretary shall amend the plan that is in effect on the day
before the date of the enactment of the Watermelon Research and
Promotion Improvement Act of 1993 to eliminate the refund provision.
``(3)(A) Notwithstanding paragraph (2) and subject to subparagraph
(B), if importers are subject to the plan, the plan shall provide that
an importer of less than 150,000 pounds of watermelons per year shall be
entitled to apply for a refund that is based on the rate of assessment
paid by domestic producers.
``(B) The Secretary may adjust the quantity of the weight exemption
specified in subparagraph (A) on the recommendation of the Board after
an opportunity for public notice and opportunity for comment in
accordance with section 553 of title 5, United States Code, and without
regard to sections 556 and 557 of such title, to reflect significant
changes in the 5-year average yield per acre of watermelons produced in
the United States.''.
SEC. 8. EQUITABLE TREATMENT OF WATERMELON PLANS.
(a) Definitions.--Section 1643 of the Watermelon Research and
Promotion Act (7 U.S.C. 4902), as amended by section 3(a), is further
amended--
(1) in paragraph (3), by striking the semicolon at the end and
inserting the following: ``or imported into the United States.'';
(2) by redesignating paragraphs (6) and (7) as paragraphs (8)
and (9), respectively; and
(3) by inserting after paragraph (5) the following new
paragraphs:
``(6) The term `importer' means any person who imports
watermelons into the United States.
``(7) The term `plan' means an order issued by the Secretary
under this subtitle.''.
(b) Issuance of Plans.--Section 1644 of such Act (7 U.S.C. 4903), as
amended by section 3(b), is further amended--
(1) in the first sentence, by striking ``and handlers'' and
inserting ``, handlers, and importers'';
(2) by striking the second sentence; and
(3) in the last sentence, by inserting ``or imported into the
United States'' before the period.
(c) Notice and Hearings.--Section 1645(a) of such Act (7 U.S.C.
4904(a)) is amended--
(1) in the first sentence, by striking ``and handlers'' and
inserting ``, handlers, and importers''; and
(2) in the last sentence, by striking ``or handlers'' and
inserting ``, handlers, or importers''.
(d) Membership of Board.--Section 1647(c) of such Act (7 U.S.C.
4906(c)), as amended by section 4, is further amended--
(1) in the second sentence of paragraph (1), by striking
``producer and handler members'' and inserting ``other members'';
and
(2) by adding at the end the following new paragraph:
``(3)(A) If importers are subject to the plan, the Board shall also
include 1 or more representatives of importers, who shall be appointed
by the Secretary from nominations submitted by importers in such manner
as may be prescribed by the Secretary.
``(B) Importer representation on the Board shall be proportionate to
the percentage of assessments paid by importers to the Board, except
that at least 1 representative of importers shall serve on the Board.
``(C) If importers are subject to the plan and fail to select
nominees for appointment to the Board, the Secretary may appoint any
importers as the representatives of importers.
``(D) Not later than 5 years after the date that importers are
subjected to the plan, and every 5 years thereafter, the Secretary shall
evaluate the average annual percentage of assessments paid by importers
during the 3-year period preceding the date of the evaluation and
adjust, to the extent practicable, the number of importer
representatives on the Board.''.
(e) Assessments.--Section 1647(g) of such Act (7 U.S.C. 4906(g)) is
amended--
(1) in paragraph (4)--
(A) by striking ``(4) assessments'' and inserting ``(4)
Assessments''; and
(B) by inserting ``in the case of producers and handlers''
after ``such assessments''; and
(2) by adding at the end the following new paragraph:
``(5) If importers are subject to the plan, an assessment shall
also be made on watermelons imported into the United States by the
importers. The rate of assessment for importers who are subject to
the plan shall be equal to the combined rate for producers and
handlers.''.
(f) Refunds.--Paragraph (1) of section 1647(h) of such Act (7 U.S.C.
4906(h)), as amended by section 7, is further amended--
(1) by inserting after ``or handler'' the first two places it
appears the following: ``(or importer who is subject to the plan)'';
and
(2) by striking ``or handler'' the last place it appears and
inserting ``, handler, or importer''.
(g) Assessment Procedures.--Section 1649 of such Act (7 U.S.C. 4908)
is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new paragraph:
``(2)(A) If importers are subject to the plan, each importer
required to pay assessments under the plan shall be responsible for
payment of the assessment to the Board, as the Board may direct.
``(B) The assessment on imported watermelons shall be equal to the
combined rate for domestic producers and handlers and shall be paid by
the importer to the Board at the time of the entry of the watermelons
into the United States.
``(C) Each importer required to pay assessments under the plan shall
maintain a separate record that includes a record of--
``(i) the total quantity of watermelons imported into the United
States that are included under the terms of the plan;
``(ii) the total quantity of watermelons that are exempt from
the plan; and
``(iii) such other information as may be prescribed by the
Board.
``(D) No more than 1 assessment shall be made on any imported
watermelon.'';
(2) in subsection (b), by inserting ``and importers'' after
``Handlers''; and
(3) in subsection (c)(1), by inserting ``or importers'' after
``handlers''.
(h) Investigations.--Section 1652(a) of such Act (7 U.S.C. 4911(a))
is amended--
(1) in the first sentence, by striking ``a handler or any other
person'' by inserting ``a person'';
(2) in the fourth sentence, by inserting ``(or an importer who
is subject to the plan)'' after ``a handler''; and
(3) in the last sentence, by striking ``the handler or other
person'' and inserting ``the person''.
(i) Referendum.--Subsection (a) of section 1653 of such Act (7
U.S.C. 4912), as amended by section 2, is further amended--
(1) in the first sentence--
(A) by striking ``and handlers'' both places it appears and
inserting ``, handlers, and importers''; and
(B) by striking ``or handling'' and inserting ``, handling,
or importing'';
(2) by striking the second sentence; and
(3) in the sentence beginning with ``The ballots''--
(A) by striking ``or handler'' and inserting ``, handler, or
importer''; and
(B) by striking ``or handled'' and inserting ``, handled, or
imported''.
(j) Termination of Plans.--Section 1654(b) of such Act (7 U.S.C.
4913(b)) is amended--
(1) in the first sentence--
(A) by striking ``10 per centum or more'' and inserting ``at
least 10 percent of the combined total''; and
(B) by striking ``and handlers'' both places it appears and
inserting ``, handlers, and importers'';
(2) in the second sentence--
(A) by striking ``or handle'' and inserting ``, handle, or
import'';
(B) by striking ``50 per centum'' and inserting ``50 percent
of the combined total''; and
(C) by striking ``or handled by the handlers,'' and
inserting ``, handled by the handlers, or imported by the
importers''; and
(3) by striking the last sentence.
(k) Conforming and Technical Amendments.--Such Act is further
amended--
(1) in section 1642(a)(5) (7 U.S.C. 4901(a)(5)), by striking
``and handling'' and inserting ``handling, and importing'';
(2) in the first sentence of section 1642(b) (7 U.S.C.
4901(b))--
(A) by inserting ``, or imported into the United States,''
after ``harvested in the United States''; and
(B) by striking ``produced in the United States'';
(3) in section 1643 (7 U.S.C. 4902), as amended by subsection
(a) and section 3(a)--
(A) by striking ``subtitle--'' and inserting ``subtitle:'';
(B) in paragraphs (1) through (5), by striking ``the term''
each place it appears and inserting ``The term'';
(C) in paragraphs (1), (2), (4), and (5), by striking the
semicolon at the end of each paragraph and inserting a period;
(D) in paragraph (8), as redesignated by subsection (a)(2)--
(i) by striking ``the term'' and inserting ``The term'';
and
(ii) by striking ``; and'' and inserting a period; and
(E) in paragraph (9), as redesignated by subsection (a)(2)--
(i) by striking ``the term'' and inserting ``The term'';
and
(ii) by striking ``1644'' and inserting ``1647''; and
(4) in section 1647(g) (7 U.S.C. 4906(g)), as amended by
subsection (e) and section 5(2)--
(A) by striking ``that--'' and inserting ``the following:'';
(B) in paragraph (1)--
(i) by striking ``(1) funds'' and inserting ``(1)
Funds''; and
(ii) by striking the semicolon at the end and inserting
a period;
(C) in paragraph (2)--
(i) by striking ``(2) no'' and inserting ``(2) No''; and
(ii) by striking the semicolon at the end and inserting
a period;
(D) in paragraph (3)--
(i) by striking ``(3) no'' and inserting ``(3) No''; and
(ii) by striking ``; and'' and inserting a period.
SEC. 9. DEFINITION OF PRODUCER.
(a) In General.--Section 1643(5) of the Watermelon Research and
Promotion Act (7 U.S.C. 4902(5)) is amended by striking ``five'' and
inserting ``10''.
(b) Certification.--Section 1647 of such Act (7 U.S.C. 4906) is
amended by adding at the end the following new subsection:
``(l) The plan shall provide that the Board shall have the authority
to establish rules for certifying whether a person meets the definition
of a producer under section 1643(5).''.
SEC. 10. AMENDMENT PROCEDURE.
Section 1655 of the Watermelon Research and Promotion Act (7 U.S.C.
4914) is amended to read as follows:
``SEC. 1655. AMENDMENT PROCEDURE.
``(a) In General.--Before a plan issued by the Secretary under this
subtitle may be amended, the Secretary shall publish the proposed
amendments for public comment and conduct a referendum in accordance
with section 1653.
``(b) Separate Consideration of Amendments.--
``(1) In general.--The amendments described in paragraph (2)
that are required to be made by the Secretary to a plan as a result
of the amendments made by the Watermelon Research and Promotion
Improvement Act of 1993 shall be subject to separate line item
voting and approval in a referendum conducted pursuant to section
1653 before the Secretary alters the plan as in effect on the day
before the date of the enactment of such Act.
``(2) Amendments.--The amendments referred to in paragraph (1)
are the amendments to a plan required under--
``(A) section 7 of the Watermelon Research and Promotion
Improvement Act of 1993 relating to the elimination of the
assessment refund; and
``(B) section 8 of such Act relating to subjecting importers
to the terms and conditions of the plan.
``(3) Importers.--When conducting the referendum relating to
subjecting importers to the terms and conditions of a plan, the
Secretary shall include as eligible voters in the referendum
producers, handlers, and importers who would be subject to the plan
if the amendments to a plan were approved.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Watermelon Research and Promotion Improvement Act of 1993 - Amends the Watermelon Research and Promotion Act to require plan approval by a majority of the producers, handlers, and eligible importers voting in a referendum.
(Sec. 3) Extends the provisions of such Act to each of the States and the District of Columbia.
(Sec. 4) Sets forth purchase or volume conditions under which a producer shall be considered a handler for purposes of National Watermelon Promotion Board (Board) membership.
(Sec. 5) Amends provisions regarding: (1) assessment collections; and (2) rulemaking requirements and assessment rate changes.
(Sec. 7) Authorizes the revocation of the watermelon assessment refund. Stipulates that persons who import less than 150,000 pounds of watermelons per year may apply for a refund based upon the domestic assessment rate.
(Sec. 8) Includes imported watermelons in the definition of "watermelon." Subjects watermelon importers to the terms of such Act. Provides for importer membership on the Board.
(Sec. 9) Redefines "producer" to mean any person growing ten or more (currently five or more) acres of watermelons.
Authorizes the Board to establish producer certification rules.
(Sec. 10) Revises plan amendment provisions to require: (1) publication of proposed amendments and a referendum; and (2) separate line item voting and approval of specified amendments.
|
{"src": "billsum_train", "title": "Watermelon Research and Promotion Improvement Act of 1993"}
| 4,311 | 334 | 0.643862 | 1.974537 | 0.694583 | 2.260073 | 13.915751 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Weather Research
Program Act of 2003''.
SEC. 2. PROGRAM FOCUS.
The focus of the United States Weather Research Program, an
interagency program established under section 108 of the National
Oceanic and Atmospheric Administration Authorization Act of 1992 (15
U.S.C. 313 note), shall be on--
(1) hurricanes, floods, and heavy precipitation, including
both snow and rain;
(2) building on existing investments, including those of
the National Weather Service modernization effort, to
dramatically accelerate improvement in weather forecasts;
(3) providing attention and resources in areas where
progress can be made quickly and where the impact will be
greatest;
(4) establishing goals that can be attained by leveraging
the resources of several agencies and through the collaborative
scientific efforts of the operational and research communities
in academia and government; and
(5) making research grants to universities and other
research institutions.
SEC. 3. PROGRAM RESEARCH PRIORITIES.
The research priorities of the United States Weather Research
Program shall be in the areas of--
(1) hurricanes, to improve--
(A) landfall location forecasts; and
(B) forecasts of hurricane strength;
(2) heavy precipitation, to improve forecasts of both
winter storms and rain storms through better prediction of
timing, location, and intensity;
(3) floods, to improve--
(A) flood forecasting by coupling precipitation
forecasts with hydrologic prediction; and
(B) forecasting and warning systems for inland
flooding related to tropical cyclones;
(4) two-to-fourteen day forecasting, to--
(A) improve short and medium range numerical
weather predictions and warnings of high-impact weather
events;
(B) conduct the Hemispheric Observing System
Research and Predictability Experiment (THORpex) to
fill observational gaps in the Northern Hemisphere; and
(C) test and evaluate advanced data assimilation
techniques in global models;
(5) societal and economic impacts, to--
(A) identify methods of delivering weather
information effectively and recommend ways to improve
weather communications;
(B) assess social and economic impacts of adverse
weather ranging from disastrous to routine;
(C) evaluate what weather information is most
useful to public and private decision makers; and
(D) perform research on societal and economic
impact to ensure a connection between weather research
and improvement of the human condition; and
(6) testing research concepts at United States Weather
Research Program-sponsored test bed centers in an environment
identical to those used by operational meteorologists, to
enable technology transfer to those operational meteorologists.
SEC. 4. INTERAGENCY PLANNING AND PROCESS.
The National Oceanic and Atmospheric Administration, as the lead
agency of the United States Weather Research Program, shall coordinate
and consult with the National Science Foundation, the National
Aeronautics and Space Administration, other appropriate Federal
agencies, and other appropriate entities to develop, and annually
update, a five-year plan--
(1) describing how Federal agencies can best team with
universities and other research institutions;
(2) identifying social, economic, and military needs and
requirements for weather information, as well as defining the
research required to meet these needs;
(3) outlining methods for dissemination of weather
information to user communities; and
(4) describing best practices for transferring United
States Weather Research Program research results to forecasting
operations.
SEC. 5. REPORTING REQUIREMENTS.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Administrator of the National Oceanic
and Atmospheric Administration shall transmit to the Committee on
Science of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report which shall
include--
(1) the most recent five-year plan developed or updated
under section 4, including the roles and funding to be provided
by various Federal agencies in achieving the objectives of the
plan;
(2) a justification of any changes to the plan since the
last transmittal under this section; and
(3) a detailed assessment of the extent to which the
objectives of the plan have been achieved.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Office of
Atmospheric Research of the National Oceanic and Atmospheric
Administration for carrying out this Act--
(1) for fiscal year 2004, $15,000,000, of which at least 50
percent shall be for competitive, merit-reviewed grants to, or
contracts or cooperative agreements with, institutions of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001));
(2) for fiscal year 2005, $15,500,000, of which at least 50
percent shall be for competitive, merit-reviewed grants to, or
contracts or cooperative agreements with, institutions of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)); and
(3) for fiscal year 2006, $16,000,000, of which at least 50
percent shall be for competitive, merit-reviewed grants to, or
contracts or cooperative agreements with, institutions of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)).
|
United States Weather Research Program Act of 2003 - States that the United States Weather Research Program's priorities shall be in the areas of: (1) hurricanes, to improve landfall location and hurricane strength forecasts; (2) heavy precipitation, to improve winter and rain storm forecasts; (3) floods, to improve flood forecasting and forecasting and warning systems for inland flooding related to tropical cyclones; (4) two-to-fourteen day forecasting, to improve weather predictions and warnings of high-impact weather events, to conduct the Hemispheric Observing System Research and Predictability Experiment (THORpex) to fill observational gaps in the Northern Hemisphere, and to test and evaluate advanced data assimilation techniques in global models; (5) societal and economic impacts, to identify methods of delivering weather information effectively, to recommend ways to improve weather communications, to assess impacts of adverse weather, to evaluate what weather information is most useful, and to perform research on such impacts; and (6) testing research concepts at Program-sponsored test bed centers, to enable technology transfer to operational meteorologists.Directs the National Oceanic and Atmospheric Administration (NOAA) to develop and annually update, and NOAA's Administrator to report to Congress on, a five-year plan: (1) describing how Federal agencies can best team with universities and other research institutions; (2) identifying social, economic, and military needs and requirements for weather information; (3) outlining methods for disseminating information to user communities; and (4) describing best practices for transferring Program research results to forecasting operations.
|
{"src": "billsum_train", "title": "To authorize appropriations for the United States Weather Research Program, and for other purposes."}
| 1,141 | 346 | 0.783035 | 2.464671 | 1.056395 | 5.395349 | 3.641196 | 0.963455 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Philanthropic Enterprise Act of
2012''.
SEC. 2. EXCEPTION FROM PRIVATE FOUNDATION EXCESS BUSINESS HOLDING TAX
FOR CERTAIN PHILANTHROPIC BUSINESS HOLDINGS.
(a) In General.--Section 4943 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Exception for Certain Philanthropic Business Holdings.--
``(1) In general.--Subsection (a) shall not apply with
respect to the holdings of a private foundation in any business
enterprise which for the taxable year meets--
``(A) the exclusive ownership requirements of
paragraph (2),
``(B) the minimum distribution requirement of
paragraph (3), and
``(C) the independent operation requirements of
paragraph (4).
``(2) Exclusive ownership.--The exclusive ownership
requirements of this paragraph are met if--
``(A) all ownership interests in the business
enterprise are held by the private foundation at all
times during the taxable year, and
``(B) all the private foundation's ownership
interests in the business enterprise were acquired
under the terms of a will or trust upon the death of
the testator or settlor, as the case may be.
``(3) Minimum distribution.--
``(A) In general.--The minimum distribution
requirement of this paragraph is met if the business
enterprise, not later than 120 days after the close of
the taxable year, distributes an amount equal to its
net operating income for such taxable year to the
private foundation.
``(B) Net operating income.--For purposes of this
paragraph, the net operating income of any business
enterprise for any taxable year is an amount equal to
the gross income of the business enterprise for the
taxable year, reduced by the sum of--
``(i) the deductions allowed by chapter 1
for the taxable year which are directly
connected with the production of such income,
``(ii) the tax imposed by chapter 1 on the
business enterprise for the taxable year, and
``(iii) an amount for a reasonable reserve
for working capital and other business needs of
the business enterprise.
``(4) Independent operation.--The independent operation
requirements of this paragraph are met if, at all times during
the taxable year--
``(A) no substantial contributor (as defined in
section 4958(c)(3)(C)) to the private foundation, or
family member of such a contributor (determined under
section 4958(f)(4)) is a director, officer, trustee,
manager, employee, or contractor of the business
enterprise (or an individual having powers or
responsibilities similar to any of the foregoing),
``(B) at least a majority of the board of directors
of the private foundation are not also directors or
officers of the business enterprise, and
``(C) there is no loan outstanding from the
business enterprise to a substantial contributor (as so
defined) to the private foundation or a family member
of such contributor (as so determined).
``(5) Certain deemed private foundations excluded.--This
subsection shall not apply to--
``(A) any fund or organization treated as a private
foundation for purposes of this section by reason of
subsection (e) or (f),
``(B) any trust described in section 4947(a)(1)
(relating to charitable trusts), and
``(C) any trust described in section 4947(a)(2)
(relating to split-interest trusts).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 3. EXCEPTION TO UNRELATED BUSINESS TAX ON SPECIFIED PAYMENTS FROM
CERTAIN CONTROLLED ENTITIES.
(a) In General.--Paragraph (13) of section 512(b) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(G) Subparagraph not to apply to payments from
certain philanthropic controlled entities.--
Subparagraph (A) shall not apply to any payment not in
excess of fair market value to a private foundation
from an entity which is a business enterprise described
in section 4943(g)(1) with respect to such
foundation.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
|
Philanthropic Enterprise Act of 2012 - Amends the Internal Revenue Code to exempt the holdings of a private foundation in any business enterprise that meet specified requirements relating to exclusive ownership, minimum distribution of net operating income, and independent operation (i.e., not controlled by a substantial contributor) from the excise tax on excess business holdings and unrelated business income.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to exempt private foundations from the tax on excess business holdings in the case of certain philanthropic enterprises which are independently supervised, and for other purposes."}
| 1,009 | 84 | 0.568042 | 1.2901 | 1.140683 | 2.876923 | 13.876923 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Majority Vote Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In some general elections the majority of voters split
their votes between two similar candidates letting a third
candidate, supported only by a minority of the electorate, win
the election, thus denying the will of a majority of the
voters.
(2) In other general elections the majority of voters split
their votes between two dissimilar candidates, letting a third
candidate, supported by an even smaller minority of the
electorate, determine the election victor, and again denying
the will of a majority of the voters.
(3) The simple plurality winner system used in most general
elections for Federal office creates an incentive for
candidates to engage in negative campaigning.
(4) The principle of majority rule is violated when the
majority does not choose the winner of an election, and denies
the winner a mandate to govern.
(5) A simple solution to this problem of non majority
winners is to require the winner of an election to earn a
majority of votes.
(6) Instant runoff voting, as used in Utah Republican Party
primaries, Ireland, Australia, and London, requires the winner
of an election to earn a majority of votes. Voters rank
candidates in case their favorite candidate is eliminated, and
the votes of the candidate's supporters count for their second
choice in a runoff round. This process continues until one
candidate earns a majority of votes.
(7) By allowing voters to rank candidates, rather than
choose just one, candidates are encouraged to engage in
positive campaigning in order to receive a higher ranking from
their opponents' supporters.
(8) There is increased interest in instant runoff voting.
For example, the system has been approved for use by voters in
San Francisco, California, beginning with the 2004 municipal
elections. In 1999, the New Mexico Senate passed legislation
providing for a ballot measure under which voters would be
allowed to implement instant runoff voting for Presidential
elections. In Vermont, legislation to enact instant runoff
voting for statewide offices, including the Presidential race,
has been endorsed by Common Cause, the League of Women Voters,
and the Grange. Additionally, the legislatures of States such
as Maine, Maryland, Minnesota, and Washington in 2001 debated
legislation to enact instant runoff voting for Presidential
elections, and the Speaker of the California Assembly has
introduced a bill to implement instant runoff voting in
elections to fill vacancies in Congress.
(9) In order to conduct an instant runoff election, voting
equipment must be compatible with ballots that allow voters to
rank candidates.
(10) A majority of states currently conduct two-round
runoff elections in some of their statewide, county, and
municipal elections. Two-round elections cost the states
millions of dollars each year and result in severe drop-offs in
voter turnout. Voting equipment that is compatible with ranked
ballots will give states, counties, and municipalities the
option of saving millions of dollars and boosting voter turnout
by consolidating two-round runoffs into one election.
(11) Consistent with the national underinvestment in voting
equipment, much of the Nation's voting equipment is not
currently compatible with ranked ballots.
(12) There are currently no Federal mandatory minimum
standards for voting equipment. Although the Federal Election
Commission has promulgated voluntary standards, these voluntary
standards do not include compatibility with ranked ballots.
(13) The operation of our current voting and election
system is run by approximately 13,000 separate and unequally
administered voting jurisdictions.
(14) National polls have shown that the American people
support a voting system that is unitary.
SEC. 3. REQUIRING USE OF INSTANT RUNOFF VOTING FOR GENERAL ELECTIONS
FOR FEDERAL OFFICE.
(a) In General.--Notwithstanding any other provision of law, each
State shall conduct general elections for Federal office held in the
State during 2008 and each succeeding year using an instant runoff
voting system, and shall ensure that the voting equipment and
technology used to conduct the elections is compatible with such a
system.
(b) Definitions.--In this Act, the following definitions apply:
(1) The term ``Federal office'' has the meaning given such
term in section 301(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(3)).
(2) The term ``instant runoff voting system'' means a
system for the election of candidates under which--
(A) runoff counts of candidates are conducted in
rounds;
(B) voters may rank candidates on the ballot
according to the order of preference;
(C) if in any round no candidate receives a
majority of the votes cast, the candidate with the
fewest number of votes is eliminated and the remaining
candidates advance to the next round;
(D) in each round, a voter shall be considered to
have cast one vote for the candidate the voter ranked
highest on the ballot who has not been eliminated; and
(E) the runoff counts are carried out automatically
at the time the votes are cast and tabulated.
(3) The term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, Guam, and the
United States Virgin Islands.
SEC. 4. GRANTS TO STATES TO DEFRAY COSTS OF ADMINISTERING INSTANT
RUNOFF VOTING SYSTEM.
(a) Establishment of Grant Program.--There is established a program
under which the Election Assistance Commission (hereafter in this Act
referred to as the ``Commission'') shall make grants to eligible States
to defray the costs of administering an instant runoff voting system,
including the costs of purchasing voting equipment, software, and other
technology necessary for such a system.
(b) Plan for Program.--Not later than 60 days after the date of the
enactment of this Act, the Commission shall develop and make public a
plan describing the criteria to be used in the solicitation and
approval of applications for grants under this Act and the criteria to
be used in overseeing the use of funds provided under such grants,
except that under such criteria the Commission may not require a State
to match any portion of the amount awarded as a condition of
eligibility.
(c) Eligibility of States.--
(1) In general.--A State is eligible to receive a grant
under the program under this section if it submits to the
Commission (in such form and manner as the Commission may
require) an application containing such information and
assurances as the Commission may require.
(2) Deadline for application.--The Commission may not
consider an application for a grant under this section unless
the application is submitted prior to the expiration of the 60-
day period which begins on the date the Commission makes public
the plan developed under subsection (b).
(3) Deadline for response.--The Commission shall approve or
reject an application submitted under this subsection not later
than 120 days after receiving the application.
(4) Criteria for rejection.--The Commission may not reject
an application submitted under this subsection unless it finds
that--
(A) the equipment, software, or other technology
used to administer elections in the State is not
compatible with an instant runoff voting system; or
(B) the State does not provide for appropriate
education for voters, poll workers, and election
officials in the use of an instant runoff voting
system.
(d) Cap on Amount of Grant.--The amount of any grant awarded to a
State under the program under this section may not exceed the product
of--
(1) the number of residents in the State at the time the
grant is awarded (based on the most recent decennial census);
and
(2) $12.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program under this section--
(1) $500,000,000 for fiscal year 2005; and
(2) such sums as may be necessary for fiscal year 2006 and
each succeeding fiscal year.
SEC. 5. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act may be construed to supersede or conflict with
the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.) or the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
SEC. 6. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
|
Majority Vote Act of 2004 - Requires each State to conduct general elections for Federal office held in the State during 2008 and each succeeding year using an instant runoff voting system, and ensure that the voting equipment and technology used to conduct the elections is compatible with such a system.
Establishes a program under which the Election Assistance Commission shall make grants to eligible States to defray the costs of administering an instant runoff voting system.
|
{"src": "billsum_train", "title": "To require States to conduct general elections for Federal office using an instant runoff voting system, to direct the Election Assistance Commission to make grants to States to defray the costs of administering such systems, and for other purposes."}
| 1,895 | 98 | 0.517514 | 1.393954 | 0.65993 | 7.333333 | 22.024691 | 0.987654 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for Crime Victims Act of
2015''.
SEC. 2. POINT OF ORDER AGAINST CERTAIN CHANGES IN MANDATORY PROGRAMS
AFFECTING THE CRIME VICTIMS FUND.
(a) Findings.--Congress finds that--
(1) the Crime Victims Fund was created in 1984, with the
support of overwhelming bipartisan majorities in the House of
Representatives and the Senate and the support of President
Ronald Reagan, who signed the Victims of Crime Act of 1984
(Public Law 98-473) into law;
(2) the Crime Victims Fund was created based on the
principle that funds the Federal Government collects from those
convicted of crime should be used to aid those who have been
victimized by crime;
(3) the Crime Victims Fund is funded from fines, penalties,
and forfeited bonds in Federal court and private donations;
(4) the Crime Victims Fund receives no taxpayer dollars;
(5) Federal law provides that funds deposited into the
Crime Victims Fund shall be used to provide services to victims
of crime in accordance with the Victims of Crime Act of 1984;
(6) the Victims of Crime Act of 1984 gives priority to
victims of child abuse, sexual assault, and domestic violence;
(7) since fiscal year 2000, Congress has been taking funds
collected by the Crime Victims Fund and not disbursing the full
amount provided for under the Victims of Crime Act of 1984;
(8) over $10,000,000,000 has been withheld from victims of
child abuse, sexual assault, domestic violence, and other
crimes;
(9) from fiscal year 2010 through fiscal year 2014, the
Crime Victims Fund collected $12,000,000,000, but Congress
disbursed only $3,600,000,000 (or 30 percent) to crime victims;
(10) under budget rules, Congress represents that the money
it has already spent in prior years is still in the Crime
Victims Fund and available for victims of crime;
(11) Congress concludes that it is time to restore fairness
to crime victims; and
(12) Congress concludes that henceforth, funds collected by
the Crime Victims Fund should be used for services to crime
victims in accordance with the Victims of Crime Act of 1984.
(b) Amendment.--Title IV of the Congressional Budget Act of 1974 (2
U.S.C. 651 et seq.) is amended by adding at the end the following:
``PART C--ADDITIONAL LIMITATIONS ON BUDGETARY AND APPROPRIATIONS
LEGISLATION
``SEC. 441. POINT OF ORDER AGAINST CHANGES IN MANDATORY PROGRAMS
AFFECTING THE CRIME VICTIMS FUND.
``(a) Definitions.--In this section--
``(1) the term `CHIMP' means a provision that--
``(A) would have been estimated as affecting direct
spending or receipts under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 902) (as in effect prior to September 30, 2002)
if the provision was included in legislation other than
appropriation Acts; and
``(B) results in a net decrease in budget authority
in the current year or the budget year, but does not
result in a net decrease in outlays over the period of
the total of the current year, the budget year, and all
fiscal years covered under the most recently adopted
concurrent resolution on the budget;
``(2) the term `Crime Victims Fund' means the Crime Victims
Fund established under section 1402 of the Victims of Crime Act
of 1984 (42 U.S.C. 10601); and
``(3) the term `3-year average amount' means the annual
average amount that was deposited into the Crime Victims Fund
during the 3-fiscal-year period beginning on October 1 of the
fourth fiscal year before the fiscal year to which a CHIMP
affecting the Crime Victims Fund applies.
``(b) Point of Order in the Senate.--
``(1) In general.--When the Senate is considering a bill or
joint resolution making appropriations for a fiscal year, or an
amendment thereto, amendment between the Houses in relation
thereto, conference report thereon, or motion thereon, if a
point of order is made by a Senator against a provision
containing a CHIMP that, if enacted, would cause the amount
available for obligation during the fiscal year from the Crime
Victims Fund to be less than the 3-year average amount, and the
point of order is sustained by the Chair, that provision shall
be stricken from the measure and may not be offered as an
amendment from the floor.
``(2) Form of the point of order.--A point of order under
paragraph (1) may be raised by a Senator as provided in section
313(e).
``(3) Conference reports.--When the Senate is considering a
conference report on, or an amendment between the Houses in
relation to, a bill or joint resolution, upon a point of order
being made by any Senator pursuant to paragraph (1), and such
point of order being sustained, such material contained in such
conference report or House amendment shall be 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. 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.
``(4) Supermajority waiver and appeal.--In the Senate, this
subsection may be waived or suspended only by an affirmative
vote of three-fifths of the Members, duly chose and sworn. An
affirmative vote of three-fifths of Members of the Senate, duly
chosen and sworn shall be required to sustain an appeal of the
ruling of the Chair on a point of order raised under this
subsection.
``(5) Determination.--For purposes of this subsection,
budgetary levels shall be determined on the basis of estimates
provided by the Chairman of the Committee on the Budget of the
Senate.
``(c) Point of Order in the House of Representatives.--
``(1) In general.--A provision in a bill or joint
resolution making appropriations for a fiscal year that
proposes a CHIMP that, if enacted, would cause the amount
available for obligation during the fiscal year from the Crime
Victims Fund to be less than the 3-year average amount shall
not be in order in the House of Representatives.
``(2) Amendments and conference reports.--It shall not be
in order in the House of Representatives to consider an
amendment to, or a conference report on, a bill or joint
resolution making appropriations for a fiscal year if such
amendment thereto or conference report thereon proposes a CHIMP
that, if enacted, would cause the amount available for
obligation during the fiscal year from the Crime Victims Fund
to be less than the 3-year average amount.
``(3) Determination.--For purposes of this subsection,
budgetary levels shall be determined on the basis of estimates
provided by the Chairman of the Committee on the Budget of the
House of Representatives.''.
(c) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Congressional Budget Act of 1974 is amended by
inserting after the item relating to section 428 the following:
``Part C--Additional Limitations on Budgetary and Appropriations
Legislation
``Sec. 441. Point of order against changes in mandatory programs
affecting the Crime Victims Fund.''.
|
. Fairness for Crime Victims Act of 2015 (Sec. 2) This bill amends the Congressional Budget Act of 1974 to establish a point of order in the Senate and House of Representatives against any provision in an appropriation measure, amendment, motion, or conference report that: (1) contains a change in mandatory program spending, (2) reduces budget authority in the current year but does not reduce outlays over time, and (3) limits obligations from the Crime Victims Fund during a fiscal year to less than the average amount deposited into the Fund during the previous three fiscal years. The bill permits a Senator to raise a point of order to strike such provision or to prevent its incorporation through amendment or motion. If the point of order is sustained by the Chair, the provision is stricken and may not be offered as an amendment from the floor. A motion to waive or suspend the point of order, or a motion to sustain an appeal of the ruling the Chair on such point of order, requires the affirmative vote of three-fifths of Members. It also prohibits consideration of such provision in the House of Representatives.
|
{"src": "billsum_train", "title": "Fairness for Crime Victims Act of 2015"}
| 1,787 | 244 | 0.519122 | 1.587359 | 0.643773 | 3.054299 | 7.19457 | 0.891403 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Assuring Fiscal Honesty and
Accountability Act of 2004''.
SEC. 2. EXTENSION OF THE DISCRETIONARY SPENDING CAPS.
(a) In General.--Section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended--
(1) in paragraph (2), by inserting a dash after ``2005'',
by redesignating the remaining matter as subparagraph (B) and
moving it two ems to the right, and by inserting before such
redesignated matter the following:
``(A) for the discretionary category:
$822,903,000,000 in new budget authority and
$902,920,000,000 in outlays; and'';
(2) in paragraph (3), by inserting a dash after ``2006'',
by redesignating the remaining matter as subparagraph (B) and
moving it two ems to the right, and by inserting before such
redesignated matter the following:
``(A) for the discretionary category:
$845,042,000,000 in new budget authority and
$894,031,000,000 in outlays; and'';
(3) by redesignating paragraphs (4) through (9) as
paragraphs (5) through (10), respectively, and inserting after
paragraph (3) the following new paragraphs:
``(4) with respect to fiscal year 2007 for the
discretionary category: $870,003,000,000 in new budget
authority and $900,651,000,000 in outlays; and''.
(b) Expiration.--Section 275 of the Balanced Budget and Emergency
Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended by striking
subsection (b).
SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT.
(a) Purpose.--Section 252(a) of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended by striking ``2002'' and
inserting ``2009''.
(b) Sequestration.--Section 252(b)(1) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking ``2002''
and inserting ``2009''.
SEC. 4. AUTOMATIC BUDGET ENFORCEMENT FOR MEASURES CONSIDERED ON THE
FLOOR.
(a) In General.--Title III of the Congressional Budget Act of 1974
is amended by adding at the end the following new section:
``budget evasion points of order
``Sec. 316. (a) Discretionary Spending Caps.--It shall not be in
order in the House of Representatives or the Senate to consider any
bill or resolution (or amendment, motion, or conference report on that
bill or resolution) that waives or suspends the enforcement of section
251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or
otherwise would alter the spending limits set forth in that section.
``(b) Pay-As-You-Go.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that waives or suspends the enforcement of section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 or otherwise would
alter the balances of the pay-as-you-go scorecard pursuant to that
section.
``(c) Directed Scoring.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that directs the scorekeeping of any bill or resolution.
``(d) Far-Outyears.--It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution (or
amendment, motion, or conference report on that bill or resolution)
that contains a provision providing new budget authority or which
reduces revenues which first takes effect after the first five fiscal
years covered in the most recently adopted concurrent resolution on the
budget and would have the effect of reducing the surplus or increasing
the deficit in any fiscal year.
``(e) Enforcement in the House of Representatives.--(1) It shall
not be in order in the House of Representatives to consider a rule or
order that waives the application of this section.
``(2)(A) This subsection shall apply only to the House of
Representatives.
``(B) In order to be cognizable by the Chair, a point of order
under this section must specify the precise language on which it is
premised.
``(C) As disposition of points of order under this section, the
Chair shall put the question of consideration with respect to the
proposition that is the subject of the points of order.
``(D) A question of consideration under this section shall be
debatable for 10 minutes by each Member initiating a point of order and
for 10 minutes by an opponent on each 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.
``(E) The disposition of the question of consideration under this
subsection 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) Waiver and Appeal in the Senate.--Section 904 of the
Congressional Budget Act of 1974 is amended--
(1) in subsection (c)(1), by inserting ``316,'' after
``313,''; and
(2) in subsection (d)(2), by inserting ``316,'' after
``313,''.
(c) Table of Contents.--The table of contents for the Congressional
Budget Act of 1974 is amended by inserting after the item for section
315 the following:
``Sec. 316. Budget evasion points of order.''.
SEC. 5. DISCLOSURE OF INTEREST COSTS.
Section 308(a)(1) of the Congressional Budget Act of 1974 (2 U.S.C.
639(a)(1)) is amended--
(1) in subparagraph (B), by striking ``and'' after the
semicolon;
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) containing a projection by the Congressional
Budget Office of the cost of the debt servicing that
would be caused by such measure for such fiscal year
(or fiscal years) and each of the four ensuing fiscal
years.''.
SEC. 6. ACCOUNTABILITY IN EMERGENCY SPENDING.
(a) OMB Emergency Criteria.--Section 3 of the Congressional Budget
and Impoundment Control Act of 1974 is amended by adding at the end the
following new paragraph:
``(11)(A) The term `emergency' means a situation that--
``(i) requires new budget authority and
outlays (or new budget authority and the
outlays flowing therefrom) for the prevention
or mitigation of, or response to, loss of life
or property, or a threat to national security;
and
``(ii) is unanticipated.
``(B) As used in subparagraph (A), the term
`unanticipated' means that the 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) Development of Guidelines for Application of Emergency
Definition.--Not later than five months after the date of enactment of
this Act, the chairmen of the Committees on the Budget (in consultation
with the President) shall, after consulting with the chairmen of the
Committees on Appropriations and applicable authorizing committees of
their respective Houses and the Directors of the Congressional Budget
Office and the Office of Management and Budget, jointly publish in the
Congressional Record guidelines for application of the definition of
emergency set forth in section 3(11) of the Congressional Budget and
Impoundment Control Act of 1974.
(c) Separate House Vote on Emergency Designation.--(1) Rule XXII of
the Rules of the House of Representatives is amended by adding at the
end the following new clause:
``13. In the consideration of any measure for amendment in the
Committee of the Whole containing any emergency spending designation,
it shall always be in order unless specifically waived by terms of a
rule governing consideration of that measure, to move to strike such
emergency spending designation from the portion of the bill then open
to amendment.''.
(2) The Committee on Rules shall include in the report required by
clause 1(d) of rule XI (relating to its activities during the Congress)
of the Rules of the House of Representatives a separate item
identifying all waivers of points of order relating to emergency
spending designations, listed by bill or joint resolution number and
the subject matter of that measure.
(d) Committee Notification of Emergency Legislation.--Whenever the
Committee on Appropriations or any other committee of either House
(including a committee of conference) reports any bill or joint
resolution that provides budget authority for any emergency, the report
accompanying that bill or joint resolution (or the joint explanatory
statement of managers in the case of a conference report on any such
bill or joint resolution) shall identify all provisions that provide
budget authority and the outlays flowing therefrom for such emergency
and include a statement of the reasons why such budget authority meets
the definition of an emergency pursuant to the guidelines described in
subsection (b).
SEC. 7. APPLICATION OF BUDGET ACT POINTS OF ORDER TO UNREPORTED
LEGISLATION.
(a) Section 315 of the Congressional Budget Act of 1974 is amended
by striking ``reported'' the first place it appears.
(b) Section 303(b) of the Congressional Budget Act of 1974 is
amended--
(1) in paragraph (1), by striking ``(A)'' and by
redesignating subparagraph (B) as paragraph (2) and by striking
the semicolon at the end of such new paragraph (2) and
inserting a period; and
(2) by striking paragraph (3).
SEC. 8. BUDGET COMPLIANCE STATEMENTS.
Clause 3(d) of rule XIII of the Rules of the House of
Representatives is amended by adding at the end the following new
subparagraph:
``(4) A budget compliance statement prepared by the
chairman of the Committee on the Budget, if timely submitted
prior to the filing of the report, which shall include
assessment by such chairman as to whether the bill or joint
resolution complies with the requirements of sections 302, 303,
306, 311, and 401 of the Congressional Budget Act of 1974 or
any other requirements set forth in a concurrent resolution on
the budget and may include the budgetary implications of that
bill or joint resolution under section 251 or 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
applicable.''.
SEC. 9. REQUIREMENTS FOR BUDGET ACT WAIVERS IN THE HOUSE OF
REPRESENTATIVES.
(a) Justification for Budget Act Waivers.--Clause 6 of rule XIII of
the Rules of the House of Representatives is amended by adding at the
end the following new paragraph:
``(h) It shall not be in order to consider any resolution from the
Committee on Rules for the consideration of any reported bill or joint
resolution which waives section 302, 303, 311, or 401 of the
Congressional Budget Act of 1974, unless the report accompanying such
resolution includes a description of the provision proposed to be
waived, an identification of the section being waived, the reasons why
such waiver should be granted, and an estimated cost of the provisions
to which the waiver applies.''.
(b) Separate Vote to Waive Major Budget Act Point of Order.--(1)
Section 905 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(h)(1) It shall not be in order in the House of Representatives
to consider a rule or order that waives the application of a major
budget act point of order as defined in paragraph (2).
``(2) For the purposes of this subsection, the term `major budget
point of order' means any point of order arising under any section
listed in section 904.
``(3)(A) In order to be cognizable by the Chair, a point of order
under the sections referenced in paragraph (2) must specify the precise
language on which it is premised.
``(B) As disposition of points of order under the sections
referenced in paragraph (2), the Chair shall put the question of
consideration with respect to the proposition that is the subject of
the points of order.
``(C) A question of consideration under the sections referenced in
paragraph (2) shall be debatable for 10 minutes by each Member
initiating a point of order and for 10 minutes by an opponent on each
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.
``(D) The disposition of the question of consideration under this
subsection 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.''.
SEC. 10. CBO SCORING OF CONFERENCE REPORTS.
(a) The first sentence of section 402 of the Congressional Budget
Act of 1974 is amended as follows:
(1) Insert ``or conference report thereon,'' before ``and
submit''.
(2) In paragraph (1), strike ``bill or resolution'' and
insert ``bill, joint resolution, or conference report''.
(3) At the end of paragraph (2) strike ``and'', at the end
of paragraph (3) strike the period and insert ``; and'', and
after such paragraph (3) add the following new paragraph:
``(4) A determination of whether such bill, joint
resolution, or conference report provides direct spending.''.
(b) The second sentence of section 402 of the Congressional Budget
Act of 1974 is amended by inserting before the period the following:
``, or in the case of a conference report, shall be included in the
joint explanatory statement of managers accompanying such conference
report if timely submitted before such report is filed''.
|
Assuring Honesty and Accountability Act of 2004 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2007 the spending limits (spending caps) for the discretionary categories in new budget authority and outlays. Extends pay-as-you-go requirements through FY 2009. Extends specified budget enforcement mechanisms through FY 2009. Amends the Congressional Budget Act of 1974 concerning legislation which: (1) evades specified budget enforcement mechanisms; (2) provides direct spending (to be included in the Congressional Budget Office (CBO) analysis (scoring)); and (3) is unreported by committee (for purposes of budget point of order rules). Requires reports on legislation which provide new budget, spending, or credit authority or otherwise provide an increase or decrease in revenues or tax expenditures to include a projection by CBO of the cost of debt servicing (interest). Amends the Congressional Budget and Impoundment Control Act of 1974 to address issues of emergency spending through: (1) establishing criteria and guidelines; and (2) requiring a separate House vote on an emergency designation. Amends the Rules of the House of Representatives concerning: (1) budget compliance statements (permitting inclusion of budgetary implications); (2) requirements for budget act waivers (inclusion mandatory for bill consideration); and (3) a separate vote to waive a major budget act point of order.
|
{"src": "billsum_train", "title": "To amend the Balanced Budget and Emergency Deficit Control Act of 1985 and the Congressional Budget Act of 1974 to extend the discretionary spending caps and the pay-as-you-go requirement, and for other purposes."}
| 3,305 | 299 | 0.515995 | 1.428399 | 0.731112 | 2.654135 | 11.281955 | 0.879699 |
SECTION 1. PARENTS AS TEACHERS PROGRAMS.
Title IV of the Elementary and Secondary Education Act of 1965 is
amended by inserting at the end the following new part:
``Part G--Parents as Teachers
``SEC. 4701. SHORT TITLE.
``This part may be cited as the `Parents as Teachers: the Family
Involvement in Education Act of 1993'.
``SEC. 4702. FINDINGS.
``The Congress finds--
``(1) increased parental involvement in the education of
their children appears to be the key to long-term gains for
youngsters;
``(2) providing seed money is an appropriate role for the
Federal Government to play in education;
``(3) children participating in the parents as teachers
program in Missouri are found to have increased cognitive or
intellectual skills, language ability, social skills and other
predictors of school success;
``(4) most early childhood programs begin at age 3 or 4
when remediation may already be necessary; and
``(5) many children receive no health screening between
birth and the time they enter school, thus such children miss
the opportunity of having developmental delays detected early.
``SEC. 4703. STATEMENT OF PURPOSE.
``It is the purpose of this part to encourage States to develop and
expand parent and early childhood education programs in an effort to--
``(1) increase parents' knowledge of and confidence in
child-rearing activities, such as teaching and nurturing their
young children;
``(2) strengthen partnerships between parents and schools;
and
``(3) enhance the developmental progress of participating
children.
``SEC. 4704. DEFINITIONS.
``For the purposes of this part--
``(1) the term `developmental screening' means the process
of measuring the progress of children to determine if there are
problems or potential problems or advanced abilities in the
areas of understanding and use of language, perception through
sight, perception through hearing, motor development and hand-
eye coordination, health, and physical development;
``(2) the term `eligible family' means any parent with one
or more children between birth and 3 years of age, or any
parent expecting a child;
``(3) the term `lead agency' means the office or agency in
a State designated by the Governor to administer the parents as
teachers program authorized by this part;
``(4) the term `parent education' includes parent support
activities, the provision of resource materials on child
development and parent-child learning activities, private and
group educational guidance, individual and group learning
experiences for the parent and child, and other activities that
enable the parent to improve learning in the home;
``(5) the term `parent educator' means a person hired by
the lead agency of a State or designated by local entities who
administers group meetings, home visits and developmental
screening for eligible families, and is trained by the Parents
As Teachers National Center established under section 4708; and
``(6) the term `Secretary' means the Secretary of
Education.
``SEC. 4705. PROGRAM ESTABLISHED.
``(a) In General.--
``(1) The Secretary is authorized to make grants to States
to pay the Federal share of the cost of establishing,
expanding, and operating parents as teachers programs.
``(2) In awarding grants under paragraph (1), the Secretary
shall give special consideration to applicants whose programs
primarily serve hard-to-serve populations, including--
``(A) teenaged parents,
``(B) illiterate parents,
``(C) economically disadvantaged parents,
``(D) offenders and their families,
``(E) unemployed parents,
``(F) learning disabled parents, and
``(G) non-English speaking parents.
``(3) In determining the amount of a grant under paragraph
(1), the Secretary shall take into consideration the size of
the population to be served, the size of the area to be served,
and the financial resources of such population and area.
``(b) Special Rule.--Any State operating a parents as teachers
program which is associated with the Parents As Teachers National
Center located in St. Louis, Missouri, shall be eligible to receive a
grant under this part.
``SEC. 4706. PROGRAM REQUIREMENTS.
``(a) In General.--(1) Each State receiving a grant under section
4705(a) shall conduct a parents as teachers program which--
``(A) establishes and operates parent education programs
including programs of developmental screening of children; and
``(B) designates a lead State agency which shall--
``(i) hire parent educators who have had supervised
experience in the care and education of children;
``(ii) establish the number of group meetings and
home visits required to be provided each year for each
participating family, with a minimum of 4 group
meetings and 8 home visits for each participating
family;
``(iii) be responsible for administering the
periodic screening of participating children's
educational, hearing and visual development, using the
Denver Developmental Test, Zimmerman Preschool Language
Scale, or other approved screening instruments; and
``(iv) develop recruitment and retention programs
for hard-to-reach populations.
``(2) Grants awarded section 4705(a) shall only be used for parents
as teachers programs which serve families during the period of time
beginning with the last 3 months of a mother's pregnancy and ending
when a child attains the age of 3.
``SEC. 4707. PARENTS AS TEACHERS NATIONAL CENTER.
``The Secretary shall establish a Parents As Teachers National
Center to disseminate information to, and provide technical and
training assistance to, States establishing and operating parents as
teachers programs.
``SEC. 4708. EVALUATIONS.
``The Secretary shall complete an evaluation of the State parents
as teachers programs within 4 years from the date of enactment of this
part.
``SEC. 4709. APPLICATION.
``Each State desiring a grant under section 4705(a) shall submit an
application to the Secretary at such time, in such manner and
accompanied by such information as the Secretary may reasonably
require. Each such application shall describe the activities and
services for which assistance is sought.
``SEC. 4710. PAYMENTS AND FEDERAL SHARE.
``(a) Payments.--The Secretary shall pay to each State having an
application approved under section 4709 the Federal share of the cost
of the activities described in the application.
``(b) Federal Share.--(1) The Federal share--
``(A) for the first year for which a State receives
assistance under this part shall be 100 percent;
``(B) for the second such year shall be 100 percent;
``(C) for the third such year shall be 75 percent;
``(D) for the fourth such year shall be 50 percent; and
``(E) for the fifth such year 25 percent.
``(2) The non-Federal share of payments under this part may be in
cash or in kind fairly evaluated, including planned equipment or
services.
``SEC. 4711. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for each of
the fiscal years 1993, 1994, 1995, 1996, and 1997 to carry out this
Act.''.
|
Parents as Teachers: the Family Involvement in Education Act of 1993 - Authorizes the Secretary of Education to make grants to States for parents as teachers programs, with special consideration for hard-to-serve populations.
Makes eligible for such a grant any State which operates a parents as teachers program associated with the Parents as Teachers National Center in Missouri.
Sets forth program requirements, limiting services to families during the period from the last three months of a mother's pregnancy to the child's attaining age three.
Directs the Secretary to: (1) establish a Parents as Teachers National Center for information dissemination and technical and training assistance for States with such programs; and (2) evaluate such programs within four years.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Parents as Teachers: the Family Involvement in Education Act of 1993"}
| 1,608 | 158 | 0.539441 | 1.541258 | 0.767558 | 2.772414 | 10.813793 | 0.896552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Death Penalty Enhancement
Act of 2005''.
TITLE I--TERRORIST PENALTIES ENHANCEMENT ACT
SEC. 101. TERRORIST OFFENSE RESULTING IN DEATH.
(a) New Offense.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2339E. Terrorist offenses resulting in death
``(a) Whoever, in the course of committing a terrorist offense,
engages in conduct that results in the death of a person, shall be
punished by death or imprisoned for any term of years or for life.
``(b) As used in this section, the term `terrorist offense' means--
``(1) a Federal felony offense that is--
``(A) a Federal crime of terrorism as defined in
section 2332b(g) except to the extent such crime is an
offense under section 1363; or
``(B) an offense under this chapter, section 175,
175b, 229, or 831, or section 236 of the Atomic Energy
Act of 1954; or
``(2) a Federal offense that is an attempt or conspiracy to
commit an offense described in paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding at
the end the following new item:
``2339E. Terrorist offenses resulting in death.''.
SEC. 102. DENIAL OF FEDERAL BENEFITS TO TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States Code, as
amended by section 101 of this title, is further amended by adding at
the end the following:
``Sec. 2339F. Denial of Federal benefits to terrorists
``(a) An individual or corporation who is convicted of a terrorist
offense (as defined in section 2339E) shall, as provided by the court
on motion of the Government, be ineligible for any or all Federal
benefits for any term of years or for life.
``(b) As used in this section, the term `Federal benefit' has the
meaning given that term in section 421(d) of the Controlled Substances
Act, and also includes any assistance or benefit described in section
115(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, with the same limitations and to the same
extent as provided in section 115 of that Act with respect to denials
of benefits and assistance to which that section applies.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the chapter 113B of title 18, United States Code, as amended by section
101 of this title, is further amended by adding at the end the
following new item:
``2339E. Denial of Federal benefits to terrorists.''.
SEC. 103. DEATH PENALTY PROCEDURES FOR CERTAIN AIR PIRACY CASES
OCCURRING BEFORE ENACTMENT OF THE FEDERAL DEATH PENALTY
ACT OF 1994.
Section 60003 of the Violent Crime Control and Law Enforcement Act
of 1994, (Public Law 103-322), is amended, as of the time of its
enactment, by adding at the end the following:
``(c) Death Penalty Procedures for Certain Previous Aircraft Piracy
Violations.--An individual convicted of violating section 46502 of
title 49, United States Code, or its predecessor, may be sentenced to
death in accordance with the procedures established in chapter 228 of
title 18, United States Code, if for any offense committed before the
enactment of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), but after the enactment of the Antihijacking Act
of 1974 (Public Law 93-366), it is determined by the finder of fact,
before consideration of the factors set forth in sections 3591(a)(2)
and 3592(a) and (c) of title 18, United States Code, that one or more
of the factors set forth in former section 46503(c)(2) of title 49,
United States Code, or its predecessor, has been proven by the
Government to exist, beyond a reasonable doubt, and that none of the
factors set forth in former section 46503(c)(1) of title 49, United
States Code, or its predecessor, has been proven by the defendant to
exist, by a preponderance of the information. The meaning of the term
`especially heinous, cruel, or depraved', as used in the factor set
forth in former section 46503(c)(2)(B)(iv) of title 49, United States
Code, or its predecessor, shall be narrowed by adding the limiting
language `in that it involved torture or serious physical abuse to the
victim', and shall be construed as when that term is used in section
3592(c)(6) of title 18, United States Code.''.
SEC. 104. ENSURING DEATH PENALTY FOR TERRORIST OFFENSES WHICH CREATE
GRAVE RISK OF DEATH.
(a) Addition of Terrorism to Death Penalty Offenses not Resulting
in Death.--Section 3591(a)(1) of title 18, United States Code, is
amended by inserting ``, section 2339D,'' after ``section 794''.
(b) Modification of Aggravating Factors for Terrorism Offenses.--
Section 3592(b) of title 18, United States Code, is amended--
(1) in the heading, by inserting ``, terrorism,'' after
``espionage''; and
(2) by inserting immediately after paragraph (3) the
following:
``(4) Substantial planning.--The defendant committed the
offense after substantial planning.''.
TITLE II--PREVENTION OF TERRORIST ACCESS TO DESTRUCTIVE WEAPONS ACT
SEC. 201. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.
(a) Participation in Nuclear and Weapons of Mass Destruction
Threats to the United States.--Section 832(c) of title 18, United
States Code, is amended by inserting ``punished by death or'' after
``shall be''.
(b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of
title 18, United States Code, is amended by inserting ``punished by
death or'' after ``shall be''.
(c) Atomic Weapons.--Section 222b. of the Atomic Energy Act of 1954
(42 U.S.C. 2272) is amended by inserting ``death or'' before
``imprisonment for life''.
(d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title
18, United States Code, is amended by inserting ``death or'' before
``imprisonment for life''.
(e) Variola Virus.--Section 175c(c)(3) of title 18, United States
Code, is amended by inserting ``death or'' before ``imprisonment for
life''.
TITLE III--FEDERAL DEATH PENALTY PROCEDURES
SEC. 301. MODIFICATION OF DEATH PENALTY PROVISIONS.
(a) Elimination of Procedures Applicable Only to Certain Controlled
Substances Act Cases.--Section 408 of the Controlled Substances Act (21
U.S.C. 848) is amended by striking subsection (g) and all that follows
through subsection (r).
(b) Modification of Mitigating Factors.--Section 3592(a)(4) of
title 18, United States Code, is amended--
(1) by striking ``Another'' and inserting ``The Government
could have, but has not, sought the death penalty against
another''; and
(2) by striking ``, will not be punished by death''.
(c) Modification of Aggravating Factors for Offenses Resulting in
Death.--Section 3592(c) of title 18, United States Code, is amended--
(1) in paragraph (7), by inserting ``or by creating the
expectation of payment,'' after ``or promise of payment,'';
(2) in paragraph (1), by inserting ``section 2339D
(terrorist offenses resulting in death),'' after
``destruction),'';
(3) by inserting immediately after paragraph (16) the
following:
``(17) Obstruction of justice.--The defendant engaged in
any conduct resulting in the death of another person in order
to obstruct investigation or prosecution of any offense.''.
(d) Additional Ground for Impaneling New Jury.--Section 3593(b)(2)
of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by inserting after subparagraph (D) the following:
``(E) a new penalty hearing is necessary due to the
inability of the jury to reach a unanimous penalty
verdict as required by section 3593(e); or''.
(e) Juries of Less Than 12 Members.--Subsection (b) of section 3593
of title 18, United States Code, is amended by striking ``unless'' and
all that follows through the end of the subsection and inserting
``unless the court finds good cause, or the parties stipulate, with the
approval of the court, a lesser number.''.
(f) Impaneling of New Jury When Unanimous Recommendation Cannot Be
Reached.--Section 3594 of title 18, United States Code, is amended by
inserting after the first sentence the following: ``If the jury is
unable to reach any unanimous recommendation under section 3593(e), the
court, upon motion by the Government, may impanel a jury under section
3593(b)(2)(E) for a new sentencing hearing.''.
(g) Peremptory Challenges.--Rule 24(c) of the Federal Rules of
Criminal Procedure is amended--
(1) in paragraph (1), by striking ``6'' and inserting
``9''; and
(2) in paragraph (4), by adding at the end the following:
``(C) Seven, eight or nine alternates.--Four
additional peremptory challenges are permitted when
seven, eight, or nine alternates are impaneled.''.
|
Terrorist Death Penalty Enhancement Act of 2005 - Amends the federal criminal code to apply the death penalty or life imprisonment for a terrorist offense that results in the death of a person. Makes an individual or corporation convicted of a terrorist offense ineligible for federal benefits for any term of years or for life.
Amends the Violent Crime Control and Law Enforcement Act of 1994 to make the death penalty available in certain air piracy cases occurring before enactment of the Federal Death Penalty Act of 1994 but after enactment of the Antihijacking Act of 1974. Narrows the language of "especially heinous, cruel, or depraved" by requiring that the act involved torture or serious physical abuse to the victim.
Includes among aggravating factors for espionage, treason, and terrorism for which the death penalty may be imposed that the defendant committed the offense after substantial planning. Authorizes imposition of the death penalty for specified terrorism-related offenses, including an offense involving the use of a radiological dispersal device or the variola virus.
Modifies death penalty procedures, including by adding as an aggravating factor for homicide for which the death penalty may be imposed that the defendant engaged in any conduct resulting in the death of another person in order to obstruct the investigation or prosecution of any offense. Authorizes impaneling a new jury when a unanimous recommendation cannot be reached. Permits four additional peremptory challenges when seven, eight, or nine alternates are impaneled.
|
{"src": "billsum_train", "title": "To provide the death penalty for certain terrorism related crimes and make other modifications of law relating to the penalty of death."}
| 2,501 | 355 | 0.472568 | 1.474874 | 0.753956 | 4 | 7.400749 | 0.891386 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Retirement Savings Account
Act of 1998''.
SEC. 2. PERSONAL SOCIAL SECURITY PLUS ACCOUNTS.
(a) In General.--Title II of the Social Security Act is amended--
(1) by inserting before section 201 the following:
``Part A--Insurance Benefits'';
and
(2) by adding at the end the following new part:
``Part B--Personal Social Security Plus Accounts
``annual appropriation of budget surpluses to the social security plus
fund for crediting to personal social security plus accounts
``Sec. 251. (a) In General.--At the end of fiscal year 1998 and
each fiscal year thereafter, the Secretary of the Treasury shall
transfer, from the general fund of the Treasury to the Social Security
Plus Fund, an amount equal to 80 percent of the surplus (if any) in the
total budget of the United States Government for that fiscal year.
``(b) Allocation of Assets Among Personal Social Security Plus
Accounts.--Upon the transfer of an amount to the Social Security Plus
Fund at the end of a fiscal year pursuant to subsection (a), the
Commissioner of Social Security shall allocate such amount evenly among
the personal social security plus accounts then maintained in the Fund
by individuals who are eligible individuals for the calendar year
ending in such fiscal year and shall credit to each account the amount
so allocated.
``(c) Eligible Individual.--For purposes of this part, the term
`eligible individual' means, for any calendar year beginning after
December 31, 1996, any individual the amount of whose wages paid and
self-employment income derived in such year equals, in the aggregate,
at least the amount such individual must have in order to be credited
with 4 quarters of coverage in such year.
``social security plus fund
``Sec. 252. (a) Establishment.--There is established in the
Treasury of the United States a Social Security Plus Fund. Subject to,
and to the extent consistent with, the provisions of this part, the
Commissioner of Social Security shall exercise the same powers, duties,
and responsibilities with respect to the Fund as the powers, duties and
responsibilities exercised by the Executive Director with respect to
the Thrift Savings Fund.
``(b) Amounts Held by Fund.--The Social Security Plus Fund consists
of the sum of all amounts transferred to the Fund under section 251,
increased by the total net earnings from investments of sums held in
the Fund or reduced by the total net losses from investments of sums
held in the Fund, and reduced by the total amount of payments made from
the Fund (including payments for administrative expenses).
``(c) Use of Fund.--
``(1) In general.--The sums in the Social Security Plus
Fund are appropriated and shall remain available without fiscal
year limitation--
``(A) to invest under section 254,
``(B) to make distributions under section 255,
``(C) to pay the administrative expenses of this
part, and
``(D) to purchase insurance as provided in section
256(b)(2).
``(2) Exclusive purposes.--The sums in the Social Security
Plus Fund shall not be appropriated for any purpose other than
the purposes specified in this section and may not be used for
any other purpose.
``personal social security plus accounts
``Sec. 253. (a) Establishment of Personal Social Security Plus
Accounts.--Not later than January 1, 1999, the Commissioner of Social
Security shall establish in the Social Security Plus Fund a personal
social security plus account for each living individual who has been
assigned a social security account number under section 205(c)(2)
before such date. The Commissioner shall also establish such an account
for each other individual on the date, on or after January 1, 1999, of
the issuance to such individual of a social security account number
under such section. Amounts in the Social Security Plus Fund shall be
credited by the Commissioner to the account in accordance with section
251(b). Each account shall be identified to its account holder by means
of the account holder's social security account number.
``(b) Account Balance.--The balance in an individual's personal
social security plus account at any time is the excess of--
``(1) the sum of--
``(A) all deposits made into the Social Security
Plus Fund and credited to the account under section
251(b), and
``(B) the total amount of allocations made to and
reductions made in the account pursuant to subsection
(c),
over
``(2) the amounts paid out of the account with respect to
such individual under this part.
``(c) Allocation of Earnings and Losses.--Pursuant to regulations
which shall be prescribed by the Commissioner, the Commissioner shall
allocate to each account an amount equal to the net earnings and net
losses from each investment of sums in the Social Security Plus Fund
which are attributable, on a pro rata basis, to sums credited to such
account, reduced by an appropriate share of the administrative expenses
paid out of the net earnings, as determined by the Commissioner.
``rules governing personal social security plus accounts relating to
investment, accounting, reporting, and taxation
``Sec. 254. (a) In General.--Under regulations which shall be
prescribed by the Commissioner of Social Security, and subject to the
provisions of this part, the provisions of--
``(1) section 8438 of title 5, United States Code (relating
to investment of the Thrift Savings Fund),
``(2) section 8439(b) of such title (relating to engagement
of independent qualified public accountant),
``(3) section 8439(c) of such title (relating to periodic
statements and summary descriptions of investment options),
``(4) section 8439(d) of such title (relating to assumption
of risk), and
``(5) section 8440 of such title (relating to tax treatment
of the Thrift Savings Fund), other than subsection (c) thereof,
shall apply with respect to the Social Security Plus Fund and accounts
maintained in such Fund in the same manner and to the same extent as
such provisions relate to the Thrift Savings Fund and personal social
security plus accounts maintained in such Fund.
``(b) Related Rules.--For purposes of subsection (a)--
``(1) the Federal Retirement Thrift Investment Board shall
exercise with respect to the Social Security Plus Fund the same
powers, duties, and responsibilities as are required to be
exercised by the Board under the provisions referred to in
subsection (a) with respect to the Thrift Savings Fund,
``(2) the Commissioner of Social Security shall exercise
with respect to the Social Security Plus Fund the same powers,
duties, and responsibilities as are required to be exercised by
the Executive Director under the provisions referred to in
subsection (a) with respect to the Thrift Savings Fund, and
``(3) references in such sections 8438 and 8439 to an
employee, Member, former employee, or former Member shall be
deemed references to an account holder of a social security
plus account in the Social Security Plus Fund.
``distributions from personal social security plus accounts
``Sec. 255. (a) In General.--Except as provided in subsections (b)
and (c), the balance in a personal social security plus account--
``(1) shall be distributed to the account holder commencing
with the date of the commencement of such account holder's
entitlement to old-age insurance benefits under section 202(a),
and
``(2) shall be paid, as elected by the account holder (in
such form and manner as shall be prescribed in regulations of
the Commissioner of Social Security) in the form of--
``(A) equal annual installments over the life
expectancy of the account holder (determined as of the
date of the distribution under reasonable actuarial
assumptions), or
``(B) otherwise in the form of an immediate annuity
(as shall be prescribed in regulations of the
Commissioner of Social Security).
``(b) Lump Sum Distributions of Minimal Amounts.--
``(1) In general.--Notwithstanding subsection (a), if the
account holder becomes entitled to old-age insurance benefits
under section 202(a) and the balance in the account is $3,500
or less, the Commissioner of Social Security shall pay the
balance to the account holder in a single payment.
``(2) Cost-of-living adjustments.--Under regulations of the
Commissioner of Social Security, effective January 1 of each
calendar year after 1999, the dollar amount referred to in
paragraph (1) shall be adjusted annually by the same percentage
change as the percentage change then taking effect under
section 230.
``fiduciary responsibilities
``Sec 256. (a) In General.--Under regulations of the Secretary of
Labor, the provisions of sections 8477 and 8478 of title 5, United
States Code, shall apply in connection with the Social Security Plus
Fund and the personal social security plus accounts maintained in such
Fund in the same manner and to the same extent as such provisions apply
in connection with the Thrift Savings Fund and accounts maintained in
the Thrift Savings Fund.
``(b) Investigative Authority.--Any authority available to the
Secretary of Labor under section 504 of the Employee Retirement Income
Security Act of 1974 is hereby made available to the Secretary of
Labor, and any officer designated by the Secretary of Labor, to
determine whether any person has violated, or is about to violate, any
provision applicable under subsection (a).
``(c) Exculpatory Provisions; Insurance.--
``(1) In general.--Any provision in an agreement or
instrument which purports to relieve a fiduciary from
responsibility or liability for any responsibility, obligation,
or duty under this part shall be void.
``(2) Insurance.--Amounts in the Social Security Plus Fund
available for administrative expenses shall be available and
may be used at the discretion of the Commissioner of Social
Security to purchase insurance to cover potential liability of
persons who serve in a fiduciary capacity with respect to the
Fund and personal social security plus accounts maintained
therein, without regard to whether a policy of insurance
permits recourse by the insurer against the fiduciary in the
case of a breach of a fiduciary obligation.
``assignment, alienation, and treatment of deceased individuals
``Sec. 257. (a) Assignment and Alienation.--Under regulations which
shall be prescribed by the Commissioner of Social Security, rules
relating to assignment and alienation applicable under chapter 84 of
title 5, United States Code, with respect to amounts held in accounts
in the Thrift Savings Fund shall apply with respect to amounts held in
personal social security plus accounts in the Social Security Plus
Fund.
``(b) Treatment of Accounts of Deceased Individuals.--In the case
of a deceased individual who is the account holder with respect to a
personal social security plus account and who died before attaining
retirement age (as defined in section 216(l)), upon receipt of
notification of such individual's death, the Commissioner of Social
Security shall close the account and shall transfer the balance in such
account to the personal social security plus account of such account
holder's surviving spouse or, if there is no such account of a
surviving spouse, to the duly appointed legal representative of the
estate of the deceased account holder, or if there is no such
representative, to the person or persons determined to be entitled
thereto under the laws of the domicile of the deceased account holder.
|
Personal Retirement Savings Account Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to add a new part B (Personal Social Security Plus Accounts). Establishes in the Treasury a Social Security Plus Fund to hold 80 percent of the surplus (if any) in the Federal budget for each fiscal year for investment in accordance with rules governing the Thrift Savings Plan which shall otherwise govern other Fund operations.
Directs the Commissioner of Social Security to establish in the Social Security Plus Fund a personal social security plus account for each living individual who has been assigned a social security number. Requires the Commissioner to allocate: (1) evenly among all personal social security plus accounts the amount transferred annually to the Social Security Plus Fund; as well as (2) an amount equal to the net earnings and net losses from each investment of sums in the Fund. Makes eligible for such an account any individual the amount of whose wages paid and self-employment income derived in the year equals, in the aggregate, at least the amount such individual must have in order to be credited with four quarters of coverage in such year.
Requires distribution to an account holder of the balance in a personal social security plus account when the account holder becomes entitled to Old-Age insurance benefits under SSA title II.
|
{"src": "billsum_train", "title": "Personal Retirement Savings Account Act of 1998"}
| 2,550 | 300 | 0.710462 | 1.833138 | 0.746843 | 5.089888 | 8.977528 | 0.917603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Winning the Peace Act of 2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) President George W. Bush has stated that the United
States security strategy takes into account the fact that
``America is now threatened less by conquering states than we
are by failing ones''.
(2) Failed states can provide safe haven for a diverse
array of transnational threats, including terrorist networks,
militia and warlords, global organized crime, and narcotics
traffickers who threaten the security of the United States and
the allies of the United States.
(3) The inability of the authorities in a failed state to
provide basic services can create or contribute to humanitarian
emergencies.
(4) It is in the interest of the United States and the
international community to bring conflict and humanitarian
emergencies stemming from failed states to a lasting and
sustainable close.
(5) Since the end of the Cold War, United States military,
diplomatic, and humanitarian personnel have been engaged in
major post-conflict reconstruction efforts in such places as
Iraq, Bosnia, Kosovo, Somalia, Haiti, Rwanda, East Timor, and
Afghanistan.
(6) Assisting failed states in emerging from violent
conflict is a complex and long-term task, as demonstrated by
the experience that 50 percent of such states emerging from
conditions of violent conflict slip back into violence within 5
years.
(7) In 2003, the bipartisan Commission on Post-Conflict
Reconstruction created by the Center for Strategic and
International Studies and the Association of the United States
Army, released a report explaining that ``United States
security and development agencies still reflect their Cold War
heritage. The kinds of complex crises and the challenge of
failed states encountered in recent years do not line up with
these outdated governmental mechanisms. If regional stability
is to be maintained, economic development advanced, lives
saved, and transnational threats reduced, the United States and
the international community must develop a strategy and enhance
capacity for pursuing post-conflict reconstruction.''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Director.--The term ``Director'' means a Director of
Reconstruction for a country or region designated by the
President under section 4.
(3) Reconstruction services.--The term ``reconstruction
services'' means activities related to rebuilding, reforming,
or establishing the infrastructure processes or institutions of
a country that has been affected by an armed conflict,
including services related to--
(A) security and public safety, including--
(i) disarmament, demobilization, and
reintegration of combatants;
(ii) training and equipping civilian police
force; and
(iii) training and equipping of national
armed forces;
(B) justice, including--
(i) developing rule of law and legal,
judicial, and correctional institutions;
(ii) preventing human rights violations;
(iii) bringing war criminals to justice;
(iv) supporting national reconciliation
processes; and
(v) clarifying property rights;
(C) governance, including--
(i) reforming or developing civil
administration and other government
institutions;
(ii) restoring performance of basic civil
functions, such as schools, health clinics, and
hospitals; and
(iii) establishing processes of governance
and participation; and
(D) economic and social well-being, including--
(i) providing humanitarian assistance;
(ii) constructing or repairing
infrastructure;
(iii) developing national economic
institutions and activities, such as a banking
system; and
(iv) encouraging wise stewardship of
natural resources for the benefit of the
citizens of such country.
SEC. 4. DIRECTOR OF RECONSTRUCTION POSITIONS.
(a) Authorization of Positions.--The President is authorized to
designate an individual who is a civilian as the Director of
Reconstruction for each country or region in which--
(1) units of the United States Armed Forces have engaged in
armed conflict; or
(2) as a result of armed conflict, the country or region
will receive reconstruction services from the United States
Government.
(b) Authority To Provide Reconstruction Services.--Notwithstanding
any provision of law, other than section 553 of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2003
(division E of Public Law 108-7; 117 Stat. 200), the President is
authorized to provide reconstruction services for any country or region
for which a Director has been designated under subsection (a).
(c) Duties.--A Director who is designated for a country or region
under subsection (a) shall provide oversight and coordination of, have
decision making authority for, and consult with Congress regarding, all
activities of the United States Government that are related to
providing reconstruction services in such country or region, including
implementing complex, multidisciplinary post-conflict reconstruction
programs in such country or region.
(d) Coordination.--A Director shall coordinate with the
representatives of the country or region where the Director is
overseeing and coordinating the provision of reconstruction services,
and any foreign government, multilateral organization, or
nongovernmental organization that is providing services to such country
or region--
(1) to avoid providing reconstruction services that
duplicate any such services that are being provided by a person
or government other than the United States Government;
(2) to capitalize on civil administration systems and
capabilities available from such person or government; and
(3) to utilize individuals or entities with expertise in
providing reconstruction services that are available through
such other person or government.
(e) Support Services.--The Secretary of State is authorized to
establish within the Department of State a permanent office to provide
support, including administrative services, to each Director designated
under subsection (a).
SEC. 5. INTERNATIONAL EMERGENCY MANAGEMENT OFFICE.
(a) Authorization.--The Administrator is authorized to establish
within the United States Agency for International Development an Office
of International Emergency Management for the purposes described in
subsection (b).
(b) Purposes.--
(1) In general.--The purposes of the Office authorized by
subsection (a) shall be--
(A) to develop and maintain a database of
individuals or entities that possess expertise in
providing reconstruction services; and
(B) to provide support for mobilizing such
individuals and entities to provide a country or region
with services applying such expertise when requested by
the Director for such country or region.
(2) Experts.--The individuals or entities referred to in
paragraph (1) may include employees or agencies of the Federal
Government, any other government, or any other person,
including former Peace Corps volunteers or civilians located in
the affected country or region.
SEC. 6. INTEGRATED SECURITY SUPPORT COMPONENT.
(a) Sense of Congress Regarding the Creation of an Integrated
Security Support Component of NATO.--It is the sense of Congress that--
(1) the Secretary of State and the Secretary of Defense
should present to the North Atlantic Council a proposal to
establish within the North Atlantic Treaty Organization an
Integrated Security Support Component to train and equip
selected units within the North Atlantic Treaty Organization to assist
in providing security in countries or regions that require
reconstruction services; and
(2) if such a Component is established, the President
should commit United States personnel to participate in such
Component, after appropriate consultation with Congress.
(b) Authority To Participate in an Integrated Support Component.--
(1) In general.--If the North Atlantic Council establishes
an Integrated Security Support Component, as described in
subsection (a), the President is authorized to commit United
States personnel to participate in such Component, after
appropriate consultation with Congress.
(2) Capabilities.--The units composed of United States
personnel participating in such Component pursuant to the
authority in paragraph (1) should be capable of--
(A) providing for security of a civilian
population, including serving as a police force; and
(B) providing for the performance of public
functions and the execution of security tasks such as
control of belligerent groups and crowds, apprehending
targeted persons or groups, performing anti-corruption
tasks, and supporting police investigations.
SEC. 7. TRAINING CENTER FOR POST-CONFLICT RECONSTRUCTION OPERATIONS.
(a) Establishment.--The Secretary of State shall establish within
the Department of State an interagency Training Center for Post-
Conflict Reconstruction Operations for the purposes described in
subsection (b).
(b) Purposes.--The purposes of the Training Center authorized by
subsection (a) shall be to--
(1) train interagency personnel in assessment, strategy
development, planning, and coordination related to providing
reconstruction services;
(2) develop and certify experts in fields related to
reconstruction services who could be called to participate in
operations in countries or regions that require such services;
(3) provide training to individuals who will provide
reconstruction services in a country or region;
(4) develop rapidly deployable training packages for use in
countries or regions in need of reconstruction services; and
(5) conduct reviews of operations that provide
reconstruction services for the purpose of--
(A) improving subsequent operations to provide such
services; and
(B) developing appropriate training and education
programs for individuals who will provide such
services.
SEC. 8. REPORTS TO CONGRESS.
Not later than 180 days after the date of the enactment of this
Act, the President shall submit to Congress a report on the actions
planned to be taken to carry out the provisions of this Act.
|
Winning the Peace Act of 2003 - Authorizes the President to designate a civilian Director of Reconstruction for each country or region in which: (1) units of the U.S. Armed Forces have engaged in armed conflict; or (2) as a result of armed conflict, the country or region will receive reconstruction services from the U.S. Government.
Authorizes the President to provide reconstruction services for any country or region for which such Director has been designated.
Authorizes the Administrator of the U.S. Agency for International Development to establish an Office of International Emergency Management for such reconstruction services.
Expresses the sense of Congress that: (1) the Secretary of State and the Secretary of Defense should present to the North Atlantic Council a proposal to establish within the North Atlantic Treaty Organization (NATO) an Integrated Security Support Component to train and equip selected units within NATO to assist in providing security in countries or regions requiring reconstruction services; and (2) if such a Component is established, the President should commit U.S. personnel to participate in it, after appropriate consultation with Congress.
Authorizes the President to commit U.S. personnel to participate in an Integrated Security Support Component if the North Atlantic Council establishes one.
Instructs the Secretary of State to establish within the Department of State an interagency Training Center for Post-Conflict Reconstruction Operations.
|
{"src": "billsum_train", "title": "A bill to increase the capabilities of the United States to provide reconstruction assistance to countries or regions impacted by armed conflict, and for other purposes."}
| 2,072 | 296 | 0.533077 | 1.674314 | 0.82543 | 5.649402 | 7.868526 | 0.940239 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Risk Communication Act of 1993''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to present the public and Environmental Protection
Agency officials with the most scientifically objective
information concerning the nature and magnitude of health,
safety, and environmental risks in order to provide for sound
regulatory decisions and public education;
(2) to provide for full consideration and discussion of
relevant data and potential methodologies;
(3) to require explanation of significant choices in the
risk assessment process which will allow for better peer review
and public understanding; and
(4) to improve consistency within the Environmental
Protection Agency in preparing risk assessments and risk
characterizations.
SEC. 3. EFFECTIVE DATE; APPLICABILITY; SAVINGS PROVISIONS.
(a) Effective Date.--Except as otherwise specifically provided in
this Act, the provisions of this Act shall take effect 2 years after
the date of enactment of this Act.
(b) Applicability.--(1) Except as provided in paragraph (2), this
Act applies to all risk assessments and risk characterizations prepared
by or on behalf of the Environmental Protection Agency in connection
with health, safety, and environmental risks.
(2) This Act does not apply to risk assessments or risk
characterizations performed with respect to a situation that the
Administrator considers to be an emergency.
(c) Savings Provisions.--Nothing in this Act shall be construed to
modify any statutory standard or requirement designed to protect
health, safety, or the environment.
SEC. 4. PRINCIPLES FOR RISK ASSESSMENT.
(a) In General.--The Administrator of the Environmental Protection
Agency shall apply the principles set forth in subsection (b) when
preparing risk assessments in order to assure that such risk
assessments and all of their components are, to the maximum extent
possible, scientifically objective and inclusive of all relevant data.
Discussions or explanations required under this section need not be
repeated in each risk assessment document as long as there is a
reference to the relevant discussion or explanation in another agency
document.
(b) Principles.--The principles to be applied when preparing risk
assessments are the following:
(1) The Administrator shall explicitly distinguish
scientific findings in risk assessments from other
considerations affecting the design and choice of regulatory
strategies.
(2) The Administrator shall consider and discuss both
negative and positive laboratory or epidemiological data of
sufficient quality when presenting assessments of human health
risks. Where conflicts among such data appear to exist, the
assessment shall include discussion of possible reconciliation
of conflicting information, which may include differences in
study designs, comparative physiology, routes of exposure,
bioavailability, pharmacokinetics, and any other relevant
factor.
(3) Where the risk assessment process involves selection of
any significant assumption, inference, or model the
Administrator shall (A) present a representative list and
explanation of plausible and alternative assumptions,
inferences, or models; (B) explain the basis for any choices;
and (C) identify any policy or value judgments. The
Administrator shall also indicate the extent to which any
significant model has been validated by or conflicts with
empirical data.
SEC. 5. PRINCIPLES FOR RISK CHARACTERIZATION.
In characterizing risk in any risk assessment document, regulatory
proposal or decision, report to Congress, or other document which is
made available to the public, the Administrator shall comply with each
of the following:
(1) The Administrator shall characterize the populations or
natural resources at risk. If a numerical estimate of risk is
provided, the departments and agencies shall, to the extent
feasible, provide the best estimate or estimates for the
populations or natural resources at risk, given the information
available to the Administrator, along with a statement of the
reasonable range of scientific uncertainty. In addition to the
best estimate, the Administrator may present plausible upper-
bound or conservative estimates in conjunction with plausible
lower bounds estimates. Where appropriate, the Administrator
may present, in lieu of a single best estimate, multiple
estimates based on assumptions, inferences, or models which are
equally plausible, given current scientific understanding.
(2) The Administrator shall explain the range of exposure
scenarios used in any risk assessment, and, to the extent
feasible, provide a statement of the size of the corresponding
population at risk and the likelihood of such exposure
scenarios.
(3) To the extent feasible, the Administrator shall provide
appropriate comparisons with estimates of other risks,
including those that are familiar to and routinely encountered
by the general public.
(4) When the Administrator provides a risk assessment or
risk characterization for proposed and final regulatory
actions, such assessment or characterization shall include a
statement of any known and significant substitution risks.
(5) In any case in which the Administrator provides a
public comment period with respect to a risk assessment or
regulation, and a commenter provides a risk assessment and
summary of results that is consistent with the principles and
the guidance provided under this Act, the Administrator shall
present the summary of results of such risk assessment in
connection with the presentation of the Environmental
Protection Agency's risk assessment (if any) or regulation.
SEC. 6. GUIDANCE, PLAN FOR ASSESSING NEW INFORMATION, AND REPORT.
(a) Guidance.--Within 18 months after the date of enactment of this
Act, the Administrator shall issue guidance consistent with the risk
assessment and characterization principles stated in sections 4 and 5
and shall provide a format for summarizing risk assessment results.
(b) Additional Subjects Addressed.--In addition to including the
principles set forth in sections 4 and 5, the guidance issued under
this section shall include guidance on at least the following subjects:
interspecies scaling factors; use of different types of dose-response
models; thresholds; definitions, use, and interpretations of the
maximum tolerated dose; weighting of positive and negative findings
from sensitive species; evaluation of benign tumors, and evaluation of
different health endpoints.
(c) Plan.--Within 2 years after the date of enactment of this Act,
the Administrator shall publish a plan to review and revise any risk
assessment with respect to which the Environmental Protection Agency
determines there is significant new information or methodologies
available that could significantly alter the prior results of the risk
assessment. The plan shall provide procedures for receiving and
considering new information and risk assessments from the public. The
plan may set priorities for review and revision of risk assessments
based on factors the Administrator considers appropriate.
(d) Report.--Within 3 years after the enactment of this Act, the
Administrator shall provide a report to the Congress evaluating the
policy and value judgments of the type identified under paragraph (3)
of section 4 which are made by the Administrator in risk assessments
performed for programs under the Toxic Substances Control Act and the
effect these judgments have on the regulatory decisions of such
programs.
(e) Public Comment and Consultation.--The guidance, plan and report
under this section, shall be developed after notice and opportunity for
public comment and in consultation with the EPA Science Advisory Board,
representatives of appropriate State agencies, and such other
departments and agencies, offices, organizations, or persons as the
Administrator considers advisable.
(f) Review.--Guidance promulgated under this section shall be
reviewed by the Administrator at least every 4 years in accordance with
subsection (d).
SEC. 7. DEFINITIONS.
For purposes of this Act:
(1) The term ``risk assessment'' means the process of
identifying hazards and quantifying or describing the degree of
risk they pose for exposed individuals, populations, or
resources. It also refers to the document containing the
explanation of how the assessment process has been applied to
an individual substance, activity, or condition.
(2) The term ``risk characterization'' means that element
of a risk assessment that involves presentation of the degree
of risk in any regulatory proposal or decision, report to
Congress, or other document which is made available to the
public. The term includes discussions of uncertainties,
conflicting data, estimates, extrapolations, inferences, and
opinions.
(3) The term ``best estimate'' means an estimate based on
(A) central estimates of risk using the most unbiased
assumptions and models, (B) an approach which combines multiple
estimates based on different scenarios and weighs the
probability of each scenario or (C) any other methodology
designed to provide the most unbiased representation of the
most plausible level of risk, given the current scientific
information available to the Administrator.
(4) The term ``negative data'' means data indicating that
under certain conditions a given substance or activity did not
induce an adverse effect.
(5) The term ``substitution risk'' means a potential
increased risk to human health, safety, or the environment from
a regulatory option designed to decrease other risks.
|
Risk Communication Act of 1993 - Requires the Administrator of the Environmental Protection Agency to apply the following principles when preparing risk assessments to assure that such assessments are scientifically objective and inclusive of all relevant data: (1) explicitly distinguish scientific findings in such assessments from other considerations affecting the design and choice of regulatory strategies; (2) consider and discuss both negative and positive laboratory or epidemiological data when presenting assessments of human health risks; and (3) where the assessment process involves selection of any significant assumption, inference, or model: present a representative list and explanation of plausible and alternative assumptions, inferences, or models; explain the basis for any choices; and identify policy or value judgments.
Directs the Administrator, in characterizing risk in any risk assessment document, regulatory proposal or decision, report to the Congress, or other document made available to the public, to: (1) characterize the populations or natural resources at risk; (2) explain the range of exposure scenarios used in the assessment and provide a statement of the size of the corresponding population at risk and the likelihood of the exposure scenarios; (3) provide appropriate comparisons with estimates of other risks; (4) include a statement of any known and significant substitution risks when a risk assessment or characterization for proposed and final regulatory actions is provided; and (5) present the summary of results of an assessment provided by a commenter in any case in which a public commment period is provided with respect to an assessment or regulation.
Requires the Administrator to: (1) issue guidance consistent with the risk assessment principles of this Act and to provide a format for summarizing assessment results; (2) publish a plan to review and revise risk assessments with respect to which new information or methodologies that could significantly alter assessment results become available; and (3) report to the Congress on policy and value judgments which are made in risk assessments for programs under the Toxic Substances Control Act and the effect such judgments have on the regulatory decisions of such programs.
|
{"src": "billsum_train", "title": "Risk Communication Act of 1993"}
| 1,871 | 412 | 0.706384 | 2.17282 | 0.875454 | 4.615776 | 4.618321 | 0.977099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Agricultural Business Security
Tax Credit Act of 2004''.
SEC. 2. AGRICULTURAL CHEMICALS SECURITY CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45G. AGRICULTURAL CHEMICALS SECURITY CREDIT.
``(a) In General.--For purposes of section 38, in the case of an
eligible agricultural business, the agricultural chemicals security
credit determined under this section for the taxable year is 50 percent
of the aggregate amount paid or incurred by the eligible agricultural
business for the purpose of protecting any specified hazardous chemical
or any food-use pesticide from unauthorized access.
``(b) Facility Limitation.--The amount of the credit determined
under subsection (a) with respect to any facility for any taxable year
shall not exceed--
``(1) $50,000, reduced by
``(2) the aggregate amount of credits determined under
subsection (a) with respect to such facility for the 5 prior
taxable years.
``(c) Annual Limitation.--The amount of the credit determined under
subsection (a) with respect to any taxpayer for any taxable year shall
not exceed $2,000,000.
``(d) Eligible Agricultural Business.--For purposes of this
section, the term `eligible agricultural business' means any person in
the trade or business of--
``(1) being a retailer of agricultural products, or
``(2) manufacturing, formulating, or distributing food-use
pesticides.
``(e) Specified Hazardous Chemicals.--For purposes of this section,
the term `specified hazardous chemical' means any extremely hazardous
substance listed under section 302(a)(2) of the Emergency Planning and
Community Right-to-Know Act of 1986, and any hazardous material listed
under section 101 of part 172 of title 49, Code of Federal Regulations,
which is held for sale in the trade or business of being a retailer of
agricultural products.
``(f) Food-Use Pesticide.--For purposes of this section, the term
`food-use pesticide' means any pesticide (as defined in section 2(u) of
the Federal Insecticide, Fungicide, and Rodenticide Act), including all
active and inert ingredients thereof, which is customarily used on
food, feed, or crops.
``(g) Controlled Groups.--Rules similar to the rules of paragraphs
(1) and (2) of section 41(f) shall apply for purposes of this section.
``(h) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out the purposes of this
section, including regulations which--
``(1) provide for the proper treatment of amounts which are
paid or incurred for the purpose of protecting any specified
hazardous chemical or any food-use pesticide and for other
purposes, and
``(2) provide for the treatment of related properties as
one facility for purposes of subsection (b).''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end of
paragraph (14), by striking the period at the end of paragraph (15) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(16) in the case of an eligible agricultural business (as
defined in section 45G(d)), the agricultural chemicals security
credit determined under section 45G(a).''.
(c) No Carrybacks.--Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused credits) is amended
by adding at the end the following:
``(11) No carryback of section 46g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the agricultural chemicals
security credit determined under section 45G may be carried
back to a taxable year beginning before the date of the
enactment of this paragraph.''.
(d) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end the following new subsection:
``(d) Credit for Security of Agricultural Chemicals.--No deduction
shall be allowed for that portion of the expenses (otherwise allowable
as a deduction) taken into account in determining the credit under
section 45G for the taxable year which is equal to the amount of the
credit determined for such taxable year under section 45G(a).''.
(e) Clerical 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. 45G. Agricultural chemicals security credit.''.
(f) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act.
|
Agricultural Business Security Tax Credit Act of 2004 - Amends the Internal Revenue Code to allow a retailer of agricultural products or a manufacturer, formulator, or distributor of food-use pesticides a business tax credit for up to 50 percent of the cost of protecting certain hazardous chemicals or food-use pesticides from unauthorized access. Sets an annual limit on such credit of $2 million and a per facility limitation of $50,000 (reduced by credits received for the five prior taxable years).
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit to certain agriculture-related businesses for the cost of protecting certain chemicals."}
| 1,154 | 109 | 0.596686 | 1.465984 | 1.071859 | 1.945652 | 11.076087 | 0.836957 |
SECTION 1. LONG TITLE AND SHORT TITLE.
This Act may be referred to as the ``President Gerald R. Ford Iraqi
Ally and Refugee Responsibility Memorial Act of 2007''.
SEC. 2. CONGRESSIONAL FINDINGS REGARDING IRAQI REFUGEES.
(a) Findings.--Congress finds the following:
(1) President George W. Bush, asserting a grave and
immediate threat to the United States from Iraqi weapons of
mass destruction (WMD), asked Congress to provide an
authorization for the use of military force against Iraq if
Iraq did not comply with international disarmament
requirements.
(2) Passed by Congress, President Bush signed H.J. Res.
114, To Authorize the Use of United States Armed Forces Against
Iraq, into law on October 16, 2002, becoming Public Law 107-
243.
(3) On March 20, 2003, at the direction of President Bush,
United States Armed Forces, together with Coalition partners,
initiated Operation Iraqi Freedom pursuant to Public Law 107-
243, and within 30 days the government of Saddam Hussein was
removed from power.
(4) In keeping with United States obligations under the
Geneva Conventions, customary international law, and a
subsequent mandate by the United Nations Security Council, as
the principle occupying power, the United States took temporary
responsibility for Iraq, establishing first the Office for
Reconstruction and Humanitarian Assistance, and subsequently,
the Coalition Provisional Authority.
(5) As the principle occupying power, the United States
enacted a broad institutional transformation in Iraq in order
to establish a new and democratic Iraqi Government.
(6) Under United States direction and control, Iraqis
adopted a transitional national assembly, adopted a new
constitution, conducted parliamentary elections, and
established a new government that remains incapable of
establishing and maintaining law and order.
(7) During the United States occupation and subsequent to
the return of sovereignty to Iraq, ``[s]everal thousand''
Iraqis in Iraq have come to work for the United States
Government and Armed Forces, according to Ellen Sauerbrey,
Assistant Secretary of State for Population, Refugees and
Migration.
(8) The ongoing instability and chaos, violence, and
ethnic, religious, and sectarian conflict in Iraq have prompted
nearly 4,000,000 Iraqis to become refugees or internally
displaced persons.
(9) Iraqis who have assisted or worked for the United
States are widely considered to be ``collaborators'' by other
Iraqis, and they face a real and persistent fear of
persecution, physical harm, or death, to themselves and their
families.
(10) There is currently no facility within Iraq where
refugees or displaced persons can register with either the
United States Government or with the United Nations High
Commission for Refugees.
(11) The internally displaced Iraqi population is estimated
by the United Nations High Commissioner for Refugees (UNHCR) to
be 1,900,000, with that number growing by 50,000 each month.
(12) The Iraqi refugee population of approximately
2,000,000 has imposed tremendous costs on countries neighboring
Iraq, many of which are poor and struggling with other large
refugee populations within their borders.
(13) The United States has admitted only 692 Iraqi refugees
since 2003.
(14) The special immigrant visa program for Iraqi and
Afghan translators working for the United States Armed Forces
established under section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 has a six year waiting
list.
(15) Paula Dobriansky, Undersecretary of State for
Democracy and Global Affairs, announced on February 14, 2007,
that the United States intended to process 7,000 refugee
referrals from UNHCR ``in the near term''.
(16) Subsequently, Assistant Secretary Sauerbrey
acknowledged that, because of security screening issues,
``under the best of circumstances ... perhaps half of the
number that we actually are addressing in the fiscal year that
we'll be ready--travel ready before the end of September.''.
(17) Between May 1, 1975, and December 20, 1975, at the
direction of President Gerald Ford, the United States
Government and United States Armed Forces facilitated the
movement to the United States of over 131,000 South Vietnamese
political refugees.
SEC. 3. UNITED STATES POLICY TOWARD IRAQI REFUGEES.
(1) The United States accepts responsibility for the
welfare and safety of Iraqis, and their immediate family
members, who, as a consequence of working for or assisting the
United States Government or United States Armed Forces, have
become internally displaced or refugees, or have developed a
well-grounded fear of persecution or physical harm.
(2) The United States will assist all Iraq refugees,
including internally displaced Iraqis, to an extent
commensurate with the overall level of United States
expenditures and effort in Iraq, and acknowledges that actions
by the United States contributed to the refugee problem that
developed subsequent to the United States-led invasion of Iraq
in 2003.
(3) The United States will assist all Iraq refugees,
including internally displaced Iraqis, independent of United
States efforts to pacify Iraq and assist Iraq with its
redevelopment and reconstruction.
SEC. 4. PRESIDENTIAL REPORT TO CONGRESS.
Not later than 60 days after the date of the enactment of this Act,
the President shall submit to the appropriate congressional committees
an unclassified report on--
(1) the number of Iraqis (including immediate family
members), who, since March 20, 2003, have been employed in Iraq
by the United States Government or United States Armed Forces,
and in particular--
(A) the number of whom have become internally
displaced within Iraq or have become refugees in
another country, or have sought to enter, or resettle
in, the United States; and
(B) the number of whom have been killed as a direct
or indirect consequence of their employment by or
assistance to the United States Government or United
States Armed Forces;
(2) the number of Iraqis (including immediate family
members), who, since March 20, 2003, have been employed in Iraq
by countries participating in coalition efforts in Iraq, and in
particular--
(A) the number of whom have become internally
displaced within Iraq or have become refugees in
another country, or have sought to enter, or resettle
in, the United States; and
(B) the number of whom have been killed as a direct
or indirect consequence of their employment by or
assistance to countries participating in coalition
efforts in Iraq;
(3) the number of Iraqis (including immediate family
members), who, since March 20, 2003, have been employed by
United States-hired or coalition-hired contractors supporting
coalition efforts in Iraq, and in particular--
(A) the number of whom have become internally
displaced within Iraq or have become refugees in
another country, or have sought to enter, or resettle
in, the United States; and
(B) the number of whom have been killed as a direct
or indirect consequence of their employment by or
assistance to contractors participating in coalition
efforts in Iraq; and
(4) the number of Iraqis (including immediate family
members) who, since March 20, 2003, have been employed by
United States or international nongovernmental organizations
working in Iraq, and in particular--
(A) the number of whom have become internally
displaced within Iraq or have become refugees in
another country, or have sought to enter, or resettle
in, the United States; and
(B) the number of whom have been killed as a direct
or indirect consequence of their employment by or
assistance to nongovernmental organizations
participating in reconstruction efforts in Iraq.
SEC. 5. PLANS TO ACCELERATE UNITED STATES ASSISTANCE TO IRAQI REFUGEES.
Not later than 60 days after the date of the enactment of this Act,
the President shall submit to the appropriate congressional committees
an unclassified report on options and plans to accelerate--
(1) the review by the United States Government of UNHCR
referrals of Iraqis seeking refugee status;
(2) the operation of the special immigrant visa program for
Iraq and Afghan translators established under section 1059 of
the National Defense Authorization Act for Fiscal Year 2006;
(3) the review process by the Department of Homeland
Security of pending applications for refugee status by Iraqi
refugees; and
(4) the use of existing Department of State facilities
within Iraq and elsewhere in the Middle East to process visa
and refugee applications from Iraqis.
SEC. 6. PRESIDENTIAL PROPOSALS TO CONGRESS.
Not later than 120 days after the date of the enactment of this
Act, the President shall submit to Congress--
(1) legislative proposals to facilitate the acceptance by
the United States of each Iraqi seeking entry into the United
States or resettlement in the United States due to a well-
founded fear of persecution on account of employment by or
assistance to the United States or a coalition country in Iraq;
(2) legislative proposals to amend the definition of
terrorist activity in the Immigration and Nationality Act to
capture only those groups that truly threaten the security of
the United States;
(3) legislative proposals to amend the definition of
material support under the Immigration and Nationality Act to
account for actions that may have been taken under duress;
(4) an estimate of the personnel and financial resources
necessary to facilitate, not later than one year after the date
on which the legislative proposals required under paragraph (1)
are submitted, the acceptance by the United States of each
Iraqi seeking entry into the United States or resettlement in
the United States because of a well-founded fear of persecution
as a consequence of employment or assistance to the United
States or a coalition country in Iraq; and
(5) a plan for the relocation, or absorption into the
United States, of each Iraqi seeking entry into the United
States or resettlement in the United States because of a well-
founded fear of persecution as a consequence of employment or
assistance to the United States or a coalition country in Iraq.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Secretary of State.--There is authorized to be appropriated
$100,000,000 to the Secretary of State for each of fiscal years 2008,
2009, and 2010, for the relief and resettlement in the United States of
Iraqi refugees, including internally displaced Iraqis.
(b) Secretary of Homeland Security.--There is authorized to be
appropriated $10,000,000 to the Secretary of Homeland Security for each
of fiscal years 2008, 2009, 2010, for the purposes of reviewing pending
applications for refugee status by Iraqi refugees, including internally
displaced Iraqis.
SEC. 8. REPORT ON REGIONAL IMPACT OF REFUGEE CRISIS.
Not later than 60 days after the date of the enactment of this Act
and not later than 60 days after the conclusion of each of the fiscal
years specified in section 7, the Secretary of State shall submit to
the appropriate congressional committees a report specifying--
(1) the burdens that Iraqi refugee populations are placing
on their host countries;
(2) the abilities of such host countries to cope with such
burdens;
(3) the security challenges that Iraqi refugee flows pose
for countries in the region and the United States; and
(4) the steps taken by the United States, such countries in
the region, and the international community to address such
challenges.
SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
In this Act, the term ``appropriate congressional committees''
means--
(1) with respect to sections 4 and 5--
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, and the Committee on Appropriations
of the House of Representatives; and
(B) the Committee on Foreign Relations, the
Committee on the Judiciary, and the Committee on
Appropriations of the Senate; and
(2) with respect to section 8--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
|
President Gerald R. Ford Iraqi Ally and Refugee Responsibility Memorial Act of 2007 - States that the United States: (1) accepts responsibility for the welfare and safety of Iraqis and their immediate family members who, as a consequence of working for or assisting the U.S. government or the U.S. Armed Forces, have become internally displaced or refugees or have a well-grounded fear of persecution or physical harm; and (2) will assist all Iraq refugees, including internally displaced Iraqis, and acknowledges that U.S. actions contributed to the refugee problem that developed subsequent to the U.S.-led invasion of Iraq in 2003.
Directs the President to report to the appropriate congressional committees respecting: (1) the number of Iraqis who have been employed in Iraq by the U.S. government, the U.S. Armed Forces, coalition forces, contractors, and international organizations; and (2) plans to accelerate U.S. assistance to Iraqi refugees.
Directs the President to submit to Congress legislative proposals to facilitate the resettlement in the United States of Iraqis who have a well-founded fear of persecution because of their employment by or assistance to the United States or a coalition country in Iraq.
|
{"src": "billsum_train", "title": "To keep faith with the thousands of Iraqi nationals who have risked everything by assisting and working for the United States Government and United States Armed Forces in Iraq, and for other purposes."}
| 2,583 | 262 | 0.572198 | 1.7672 | 0.754538 | 4.723502 | 11.341014 | 0.953917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crackdown on Deadbeat Dealers Act of
2003''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a small number of licensed firearms dealers account for
a large proportion of the firearms traced from crimes;
(2) in 1998, 1.2 percent of licensed firearms dealers--
1,020 of the approximately 83,200 licensed retail firearms
dealers and pawnbrokers--accounted for over 57 percent of the
crime guns traced to licensed firearms dealers; and
(3) in 1998, just over 450 licensed firearms dealers had
traced to them 10 or more guns that were used in crimes within
3 years after they sold the guns.
SEC. 3. INCREASING THE NUMBER OF ALLOWED COMPLIANCE INSPECTIONS OF
FIREARMS DEALERS.
Section 923(g)(1)(B)(ii)(I) of title 18, United States Code, is
amended by striking ``once'' and inserting ``3 times''.
SEC. 4. INCREASING PENALTIES ON FIREARMS LICENSEES.
Section 924(a)(3) of title 18, United States Code is amended by
striking ``one year'' and inserting ``5 years''.
SEC. 5. SERIOUS RECORDKEEPING OFFENSES THAT AID GUN TRAFFICKING.
Section 924(a)(3) of title 18, United States Code, is amended by
striking the period and inserting ``; but if the violation is in
relation to an offense under subsection (a)(6) or (d) of section 922,
shall be fined under this title, imprisoned not more than 10 years, or
both.''.
SEC. 6. SUSPENSION OF FIREARMS DEALER'S LICENSE AND CIVIL PENALTIES FOR
VIOLATIONS OF THE GUN CONTROL ACT.
Subsections (e) and (f) of section 923 of title 18, United States
Code, are amended to read as follows:
``(e) The Attorney General may, after notice and opportunity for
hearing, suspend or revoke any license issued under this section, or
may subject the licensee to a civil penalty of not more than $10,000
per violation, if the holder of the license has willfully violated any
provision of this chapter or any rule or regulation prescribed by the
Attorney General under this chapter or fails to have secure gun storage
or safety devices available at any place in which firearms are sold
under the license to persons who are not licensees (except that in any
case in which a secure gun storage or safety device is temporarily
unavailable because of theft, casualty loss, consumer sales, backorders
from a manufacturer, or any other similar reason beyond the control of
the licensee, the dealer shall not be considered to be in violation of
the requirement to make available such a device). The Attorney General
may, after notice and opportunity for hearing, suspend or revoke the
license of, or assess a civil penalty of not more than $10,000 on, a
dealer who willfully transfers armor piercing ammunition. The Attorney
General may at any time compromise, mitigate, or remit the liability
with respect to any willful violation of this chapter or any rule or
regulation prescribed by the Attorney General under this chapter. The
Attorney General's actions under this subsection may be reviewed only
as provided in subsection (f).
``(f)(1) Any person whose application for a license is denied and
any holder of a license which is suspended or revoked or who is
assessed a civil penalty shall receive a written notice from the
Attorney General stating specifically the grounds upon which the
application was denied or upon which the license was suspended or
revoked or the civil penalty assessed. Any notice of a suspension or
revocation of a license shall be given to the holder of the license
before the effective date of the suspension or revocation.
``(2) If the Attorney General denies an application for a license,
or suspends or revokes a license, or assesses a civil penalty, the
Attorney General shall, upon request by the aggrieved party, promptly
hold a hearing to review the denial, suspension, revocation, or
assessment. In the case of a suspension or revocation of a license, the
Attorney General shall, on the request of the holder of the license,
stay the effective date of the suspension or revocation. A hearing
under this paragraph shall be held at a location convenient to the
aggrieved party.
``(3) If after a hearing held under paragraph (2) the Attorney
General decides not to reverse the decision to deny an application or
suspend or revoke a license or assess a civil penalty, the Attorney
General shall give notice of the decision to the aggrieved party. The
aggrieved party may at any time within 60 days after the date notice is
given under this paragraph file a petition with the United States
district court for the district in which party resides or in which the
party's principal place of business is located for a de novo judicial
review of the denial, suspension, revocation, or assessment. In a
proceeding conducted under this subsection, the court may consider any
evidence submitted by the parties to the proceeding whether or not such
evidence was considered at the hearing held under paragraph (2). If the
court decides that the Attorney General was not authorized to deny the
application or to suspend or revoke the license or to assess the civil
penalty, the court shall order the Attorney General to take such action
as may be necessary to comply with the judgment of the court.''.
SEC. 7. TERMINATION OF FIREARMS DEALER'S LICENSE UPON FELONY
CONVICTION.
Section 925(b) of title 18, United States Code, is amended by
striking ``until any conviction pursuant to the indictment becomes
final'' and inserting ``until the date of any conviction pursuant to
the indictment''.
SEC. 8. HIRING AND TRAINING OF ADDITIONAL INSPECTORS FOR THE BUREAU OF
ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES.
(a) Limitations on Authorization of Appropriations.--For the hiring
and training of 500 additional inspectors for the Bureau of Alcohol,
Tobacco, Firearms, and Explosives of the Department of Justice, there
are authorized to be appropriated--
(1) not more than $100,000,000 for fiscal year 2004; and
(2) not more than $55,000,000 for each of fiscal years 2005
through 2008.
(b) Availability of Appropriations.--Amounts appropriated under
subsection (a) are authorized to remain available until expended.
|
Crackdown on Deadbeat Dealers Act of 2003 - Amends the Brady Handgun Violence Prevention Act to increase the number of allowed inspections for compliance with record-keeping requirements by firearms dealers to not more than three times (currently, once) during any 12-month period.Increases penalties for: (1) knowingly making false statements or furnishing false or misrepresented identification regarding any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition; or (2) making false entries in, or failing to properly maintain, required firearms records.Authorizes the Attorney General to suspend a firearms dealer's license and to assess a civil penalty of up to $10,000 for firearms violations, including failure to have secure gun storage or safety devices (current penalties are limited to license revocation).Permits any licensed firearms dealer who is indicted for a felony to continue to operate until the date of conviction (currently, until the conviction becomes final).Authorizes appropriations for the hiring and training of 500 additional inspectors for the Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives.
|
{"src": "billsum_train", "title": "To ensure greater accountability by licensed firearms dealers."}
| 1,516 | 250 | 0.535363 | 1.542188 | 0.71672 | 1.995074 | 6.334975 | 0.73399 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Farm Animal Identification
and Records Act''.
SEC. 2. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM.
The Animal Health Protection Act is amended by inserting after
section 10409 (7 U.S.C. 8308) the following new section:
``SEC. 10409A. NATIONWIDE LIVESTOCK IDENTIFICATION SYSTEM.
``(a) System Required.--Not later than 90 days after the date of
the enactment of the National Farm Animal Identification and Records
Act, the Secretary shall establish an electronic nationwide livestock
identification system to require the identification of livestock to
enhance the speed and accuracy of the response of the Department of
Agriculture to outbreaks of disease in livestock. Because livestock
diseases are not constrained by State boundaries, the livestock
identification system shall apply to all livestock born in the United
States or imported and cover the movement of livestock in both
interstate commerce and intrastate commerce.
``(b) Capabilities.--The livestock identification system shall be
capable of tracing, within 48 hours, livestock from birth to slaughter.
``(c) Participation by States.--The Secretary shall use the
authority provided by section 10411(a) to cooperate with States to
secure information for inclusion in the livestock identification
system. Subject to subsection (f), the Secretary shall provide States
with access to the livestock identification system.
``(d) Use of Existing Technology.--The Secretary may use technology
developed by private entities before the date of the enactment of the
National Farm Animal Identification and Records Act to operate the
livestock identification system.
``(e) Financial Assistance.--To the extent funds are made available
pursuant to subsection (g) to carry out this subsection, the Secretary
shall provide financial assistance to producers to assist the producers
in complying with the requirements of the livestock identification
system. In providing such assistance, the Secretary shall ensure that
producers with smaller livestock operations are not placed at a
financial disadvantage in complying with such requirements.
``(f) Release of Animal Identification Numbering Information.--
``(1) Freedom of information act.--Information obtained
through the livestock identification system is exempt from
disclosure under section 552 of title 5, United States Code.
``(2) Character of livestock identification system
information.--Except as provided in paragraphs (3) and (4),
information obtained through the livestock identification
system--
``(A) may not be released;
``(B) shall not be considered information in the
public domain; and
``(C) shall be considered commercial information
that is privileged and confidential.
``(3) Limited release of information authorized.--
Notwithstanding paragraph (2), the Secretary may release
information obtained through the livestock identification
system regarding particular livestock if--
``(A) the information involves livestock threatened
by disease or pest;
``(B) the release of the information is related to
actions the Secretary may take under this subtitle; and
``(C) the person obtaining the information needs
the information for reasons consistent with the public
health and public safety purposes of the livestock
identification system, as determined by the Secretary.
``(4) Limited release of information required.--
Notwithstanding paragraph (2), the Secretary shall release
information obtained through the livestock identification
system regarding particular livestock--
``(A) to the person who owns or controls the
livestock, if the person requests such information;
``(B) to the Attorney General for the purpose of
law enforcement;
``(C) to the Secretary of Homeland Security for the
purpose of national security;
``(D) to a court of competent jurisdiction; and
``(E) to the government of a foreign country, if
release of the information is necessary to trace
livestock threatened by disease or pest, as determined
by the Secretary.
``(5) Conflict of law.--If the information disclosure
limitations or requirements of this subsection conflict with
information disclosure limitations or requirements of a State
law--
``(A) this subsection shall take precedence over
the State law, if the conflict involves interstate or
international commerce; and
``(B) the State law shall take precedence over this
subsection, if the conflict involves intrastate
commerce in that State.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $175,000,000 to carry out this
section.''.
SEC. 3. REVIEW OF DEPARTMENT OF AGRICULTURE RESPONSES TO OUTBREAKS OF
DISEASE IN LIVESTOCK.
Section 10411 of the Animal Health Protection Act (7 U.S.C. 8310)
is amended by adding at the end the following new subsection:
``(f) Review of Responses to Outbreaks of Disease.--The Secretary
may appoint an international panel of scientific experts to provide an
objective review of a response by the Department of Agriculture to an
outbreak of disease in livestock and to identify areas for improvements
in such responses.''.
|
National Farm Animal Identification and Records Act - Amends the Animal Health Protection Act to direct the Secretary of Agriculture to establish an electronic nationwide livestock identification system to enhance the Department of Agriculture's response to outbreaks of livestock disease. Requires that such system: (1) be capable of tracing, within 48 hours, livestock from birth to slaughter; (2) provide for access by States and inclusion of State information; and (3) apply to all livestock born or imported into the United Sates, and to interstate and intrastate commerce.
Exempts, with specified exceptions, system information from disclosure under the Freedom of Information Act or other release into the public domain.
Authorizes the Secretary to: (1) provide producer participation assistance; and (2) appoint an international panel of scientific experts to review the Department's response to an outbreak of livestock disease.
|
{"src": "billsum_train", "title": "To amend the Animal Health Protection Act to require the establishment of an electronic nationwide livestock identification system, to prevent the unauthorized release of information collected under the system, to promote an objective review of Department of Agriculture responses to livestock disease outbreaks, and for other purposes."}
| 1,088 | 176 | 0.639733 | 1.663714 | 0.860241 | 3.406061 | 6.115152 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Miscellaneous Fuel Tax Corrections
Act of 1995''.
SEC. 2. INTEREST PAYABLE ON GASOLINE TAX REFUNDS TO WHOLESALE
DISTRIBUTORS.
Paragraph (4) of section 6416(a) of the Internal Revenue Code of
1986 is amended by adding at the end the following new subparagraph:
``(C) Period for filing claims, etc.--
``(i) In general.--A claim may be filed
under this paragraph by any person with respect
to gasoline sold during any period--
``(I) for which $200 or more is
payable under this paragraph, and
``(II) which is not less than 1
week.
``(ii) Payment of claim.--Notwithstanding
subsection (b), if the Secretary has not paid
pursuant to a claim filed under this paragraph
within 20 days after the date of the filing of
such claim, the claim shall be paid with
interest from such date determined by using the
overpayment rate and method under section 6621.
``(iii) Time for filing claim.--No claim
filed under this paragraph shall be allowed
unless filed during the 1st quarter following
the last quarter included in the claim.''
SEC. 3. INTEREST PAYABLE ON REFUNDS OF TAXES ON DIESEL FUEL AND
AVIATION FUEL.
Paragraph (4) of section 6427(i) of the Internal Revenue Code of
1986 is amended to read as follows:
``(4) Special rule for nontaxable uses of diesel fuel and
aviation fuel.--
``(A) In general.--A claim may be filed under
subsection (l) by any person with respect to fuel used
by such person for any period--
``(i) for which $250 or more is payable
under subsection (l), and
``(ii) which is not less than 1 month.
``(B) Payment of claim.--Notwithstanding subsection
(l)(1), if the Secretary has not paid pursuant to a
claim filed under this paragraph within 20 days after
the date of the filing of such claim, the claim shall
be paid with interest from such date determined by
using the overpayment rate and method under section
6621.
``(C) Time for filing claim.--No claim filed under
this paragraph shall be allowed unless filed during the
1st quarter following the last quarter included in the
claim.''
SEC. 4. VENDOR REFUNDS FOR FUEL USED IN CERTAIN BUSES AND AS HEATING
OIL.
(a) Certain Buses.--
(1) In general.--Paragraph (1) of section 6427(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) Allowance.--Except as otherwise provided in this
subsection and subsection (k), if--
``(A) any fuel other than gasoline (as defined in
section 4083(a)) on the sale of which tax was imposed
by section 4041(a) or 4081 is used in an automobile bus
while engaged in--
``(i) furnishing (for compensation)
passenger land transportation available to the
general public, or
``(ii) the transportation of students and
employees of schools (as defined in the last
sentence of section 4221(d)(7)(C)), and
``(B) the ultimate vendor of such fuel meets the
requirements of clauses (i) and (ii) of subsection
(l)(5)(B),
the Secretary shall pay (without interest) to such ultimate
vendor an amount equal to the product of the number of gallons
of such fuel so used multiplied by the rate at which tax was
imposed on such fuel by section 4041(a) or 4081, as the case
may be.''
(2) Refunds with interest.--Subparagraph (A) of section
6427(i)(5) of such Code is amended--
(A) by inserting ``(b) or'' before ``(l)(5)'' the
first place it appears,
(B) by striking ``subsection (l)(5)'' the second
place it appears and inserting ``subsections (b) and
(l)(5)'', and
(C) by striking ``subsection (l)(1)'' and inserting
``subsections (b)(1) and (l)(1)''.
(3) Technical amendments.--
(A) Subparagraph (B) of section 6427(b)(2) of such
Code is amended by striking ``(1)(B)'' and inserting
``(1)(A)(ii)''.
(B) Paragraph (3) of section 6427(b) of such Code
is amended by striking ``(1)(A)'' and inserting
``(1)(A)(i)''.
(b) Heating Oil.--Subparagraph (A) of section 6427(l)(5) of such
Code is amended by striking ``or'' at the end of clause (i), by
striking the period at the end of clause (ii) and inserting ``, or'',
and by adding at the end the following new clause:
``(iii) as heating oil.''
SEC. 5. DIESEL FUEL SOLD FOR USE OR USED IN DIESEL-POWERED BOATS TAXED
ONLY ON RETAIL SALE.
(a) Tax-Free Sales for Use in Diesel-Powered Boats.--Subsection (b)
of section 4082 of the Internal Revenue Code of 1986 (relating to
exemptions for diesel fuel) is amended by striking ``and'' at the end
of paragraph (2), by striking the period at the end of paragraph (3)
and inserting ``, and'', and by adding at the end the following new
paragraph:
``(4) any use in a diesel-powered boat.''
(b) Application of Penalty at Retail Level.--Paragraph (2) of
section 6714(c) of such Code, as added by section 13242 of the Omnibus
Budget Reconciliation Act of 1993, is amended to read as follows:
``(2) Nontaxable use.--
``(A) In general.--Except as provided in
subparagraph (B), the term `nontaxable use' has the
meaning given such term by section 4082(b).
``(B) Exception for taxable sales and uses of fuel
in diesel-powered boats.--Subparagraph (A) shall not
apply to dyed fuel sold for use or used in a diesel-
powered boat if tax is imposed on such sale or use
under 4041(a)(1) and such tax is not paid.''
(c) Correction of Section Numbering.--
(1) Part II of subchapter B of chapter 68 of such Code is
amended by redesignating section 6714 (relating to dyed fuel
sold for use or used in taxable use, etc.), as added by section
13242(b)(1) of the Omnibus Budget Reconciliation Act of 1993,
as section 6715.
(2) The table of sections for such part is amended by
redesignating the item relating to section 6714 (relating to
dyed fuel sold for use or used in taxable use, etc.), as added
by section 13242(b)(2) of such Act, as section 6715.
SEC. 6. NO PENALTY ON ADDITION OF KEROSENE IN CERTAIN CASES.
Paragraph (3) of section 6715(a) of the Internal Revenue Code of
1986, as redesignating by section 4, is amended by inserting before the
comma ``unless such alteration is through the addition of kerosene by a
person who is not described in paragraph (1) or (2) with respect to
such fuel''.
SEC. 7. REFUND FOR TAX-PAID DIESEL FUEL WHICH IS COMMINGLED WITH DYED
DIESEL FUEL.
Paragraph (2) of section 6427(l) of the Internal Revenue Code of
1986 is amended by adding at the end the following new flush sentence:
``Such term includes the addition of diesel fuel on which tax
has been imposed by section 4081 to dyed diesel fuel if such
addition is established to the satisfaction of the Secretary as
being accidental.''
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act; except that no interest shall be paid by
reason of such amendments with respect to any claim filed before such
date.
|
Miscellaneous Fuel Tax Corrections Act of 1995 - Amends the Internal Revenue Code to mandate interest on gasoline tax refunds to wholesale distributors, if the refunds are not paid within a specified period. Limits the period in which a refund claim may be filed.
Revises requirements regarding the filing of claims for refunds concerning nontaxable uses of diesel and aviation fuel.
Allows a refund, with interest, to the ultimate vendor (currently, a refund, without interest, to the ultimate purchaser) for the tax paid on non-gasoline fuel used in a bus. Prohibits applying to diesel fuel used as heating oil provisions authorizing certain ultimate purchaser refunds (without interest).
Makes any use of diesel fuel in a diesel-powered boat nontaxable under provisions relating to manufacturers' excise taxes. Makes dyed diesel fuel sold for use or used in a diesel-powered boat taxable if a tax is imposed under provisions relating to retail excise taxes and that tax is not paid.
Allows, without penalty, the addition of kerosene to dyed fuel in certain circumstances.
Considers nontaxable the accidental addition of diesel fuel on which tax has been imposed to dyed diesel fuel.
|
{"src": "billsum_train", "title": "Miscellaneous Fuel Tax Corrections Act of 1995"}
| 1,922 | 272 | 0.533761 | 1.498101 | 0.611754 | 2.419643 | 7.370536 | 0.866071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Interest Checking Act
of 1998''.
SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL
BUSINESSES.
Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Notwithstanding any other provision of law, any depository
institution may permit the owner of any deposit or account on which
interest or dividends are paid to make up to 24 transfers per month,
for any purpose, to another account of the owner in the same
institution. Nothing in this subsection shall be construed to prevent
an account offered pursuant to this subsection from being considered a
transaction account (as defined in section 19(b) of the Federal Reserve
Act (12 U.S.C. 461(b)) for purposes of such Act.''.
SEC. 3. AMENDMENTS RELATING TO SAVINGS AND DEMAND DEPOSIT ACCOUNTS AT
DEPOSITORY INSTITUTIONS.
(a) NOW Accounts Authorized for All Businesses.--Section 2 of
Public Law 93-100 (12 U.S.C. 1832(a)(2)) is amended to read as follows:
``SEC. 2. WITHDRAWALS BY NEGOTIABLE OR TRANSFERABLE INSTRUMENTS FOR
TRANSFERS TO THIRD PARTIES.
``Notwithstanding any other provision of law, any depository
institution (as defined in section 3 of the Federal Deposit Insurance
Act) may permit the owner of any deposit or account to make withdrawals
from such deposit or account by negotiable or transferable instruments
for the purpose of making payments to third parties.''.
(b) Repeal of Prohibition on Payment of Interest on Demand
Deposits.--
(1) Federal reserve act.--Section 19 of the Federal Reserve
Act (12 U.S.C. 371a) is amended by striking subsection (i).
(2) Home owners' loan act.--The 1st sentence of section
5(b)(1)(B) of the Home Owners' Loan Act (12 U.S.C.
1464(b)(1)(B)) is amended by striking ``savings association may
not--'' and all that follows through ``(ii) permit any'' and
inserting ``savings association may not permit any''.
(3) Federal deposit insurance act.--Section 18 of the
Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by
striking subsection (g).
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 2004.
SEC. 4. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS.
(a) In General.--Section 19(b) of the Federal Reserve Act (12
U.S.C. 461(b)) is amended by adding at the end the following new
paragraph:
``(12) Earnings on reserves.--
``(A) In general.--Balances maintained at a Federal
reserve bank by or on behalf of a depository
institution to meet the reserve requirements of this
subsection applicable with respect to such depository
institution shall receive earnings to be paid by the
Federal reserve bank at least once each calendar
quarter at a rate or rates not to exceed the general
level of short term interest rates.
``(B) Regulations relating to payments and
distribution.--The Board may prescribe regulations
concerning--
``(i) the payment of earnings in accordance
with this paragraph;
``(ii) the distribution of such earnings to
the depository institutions which maintain
balances at such banks or on whose behalf such
balances are maintained; and
``(iii) the responsibilities of depository
institutions, Federal home loan banks, and the
National Credit Union Administration Central
Liquidity Facility with respect to the
crediting and distribution of earnings
attributable to balances maintained, in
accordance with subsection (c)(1)(B), in a
Federal reserve bank by any such entity on
behalf of depository institutions which are not
member banks.''.
(b) Technical and Conforming Amendment.--
(1) Section 19(b) of federal reserve act.--Section 19(b)(4)
of the Federal Reserve Act (12 U.S.C. 461(b)(4)) is amended by
striking subparagraph (C).
(2) Section 19(c) of federal reserve act.--Section
19(c)(1)(A) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(A))
is amended by striking ``subsection (b)(4)(C)'' and inserting
``subsection (b)''.
SEC. 5. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE
REQUIREMENTS.
Section 19(b)(2) of the Federal Reserve Act (12 U.S.C. 461(b)(2))
is amended--
(1) in clause (i), by striking ``the ratio of 3 per
centum'' and inserting ``a ratio not greater than 3 percent
(and which may be zero)''; and
(2) in clause (ii), by striking ``and not less than 8 per
centum,'' and inserting ``(and which may be zero),''.
|
Small Business Interest Checking Act of 1998 - Amends the Federal Deposit Insurance Act to provide that any depository institution may permit: (1) the owner of any interest-bearing or dividend-earning account to make up to 24 transfers per month, for any purpose, to another account of the owner in the same institution; and (2) the owner of any deposit or account (negotiable order of withdrawal, or NOW, account) to make withdrawals by negotiable or transferable instruments for the purpose of making payments to third parties.
Amends the Federal Reserve Act, the Home Owners' Loan Act, and the Federal Deposit Insurance Act to repeal the proscription against interest payments on demand deposits. Amends the Federal Reserve Act to: (1) mandate quarterly payment of interest on depository institution reserve requirement balances; and (2) authorize a reduction to zero percent of the mandatory ratios for such reserve requirements (which would thus eliminate such reserve requirements).
|
{"src": "billsum_train", "title": "Small Business Interest Checking Act of 1998"}
| 1,261 | 204 | 0.668343 | 1.847792 | 0.802063 | 3.752688 | 5.365591 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Health Care Accessibility Act
of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Community Health Centers (CHCs) are nonprofit,
community supported health care facilities providing primary
and preventive health care services to over 15,000,000 low-
income, underinsured, and uninsured families.
(2) Nearly 70 percent of CHC patients have family incomes
at or below poverty ($15,000 annual income for a family of
three). In addition, nearly 40 percent of CHC patients are
uninsured.
(3) For many patients, CHCs are the only source of health
care services available. While the number of uninsured patients
at CHCs is rapidly growing--from around 3,900,000 in 1998 to
over 5,900,000 today--the number of physicians available to
treat these patients is decreasing.
(4) There is a critical shortage of physicians available at
CHCs to meet the health care needs of the uninsured and
underinsured. The Journal of the American Medical Association
reports a 13-percent vacancy rate for family physicians, a 9-
percent vacancy rate for internists, a 20-percent vacancy rate
for OB-GYNs and a 22-percent vacancy rate for psychiatrists.
(5) Physicians hired by CHCs are covered by the Federal
Tort Claims Act for medical liability costs. However,
physicians who wish to volunteer at CHCs are not covered by the
Federal Tort Claims Act.
(6) CHCs have limited resources to meet the current and
future needs of the uninsured and underinsured. Physicians are
willing to volunteer at CHCs, however, they are dissuaded from
doing so because of the cost of medical liability insurance.
Extending Federal Tort Claims Act coverage to volunteer
physicians would result in more patients being served at a
lower cost at CHCs.
SEC. 3. HEALTH CENTERS UNDER PUBLIC HEALTH SERVICE ACT; LIABILITY
PROTECTIONS FOR VOLUNTEER PRACTITIONERS.
(a) In General.--Section 224 of the Public Health Service Act (42
U.S.C. 233) is amended--
(1) in subsection (g)(1)(A)--
(A) in the first sentence, by striking ``or
employee'' and inserting ``employee, or (subject to
subsection (k)(4)) volunteer practitioner''; and
(B) in the second sentence, by inserting ``and
subsection (k)(4)'' after ``subject to paragraph (5)'';
and
(2) in each of subsections (g), (i), (j), (k), (l), and
(m)--
(A) by striking the term ``employee, or
contractor'' each place such term appears and inserting
``employee, volunteer practitioner, or contractor'';
(B) by striking the term ``employee, and
contractor'' each place such term appears and inserting
``employee, volunteer practitioner, and contractor'';
(C) by striking the term ``employee, or any
contractor'' each place such term appears and inserting
``employee, volunteer practitioner, or contractor'';
and
(D) by striking the term ``employees, or
contractors'' each place such term appears and
inserting ``employees, volunteer practitioners, or
contractors''.
(b) Applicability; Definition.--Section 224(k) of the Public Health
Service Act (42 U.S.C. 233(k)) is amended by adding at the end the
following paragraph:
``(4)(A) Subsections (g) through (m) apply with respect to
volunteer practitioners beginning with the first fiscal year for which
an appropriations Act provides that amounts in the fund under paragraph
(2) are available with respect to such practitioners.
``(B) For purposes of subsections (g) through (m), the term
`volunteer practitioner' means a practitioner who, with respect to an
entity described in subsection (g)(4), meets the following conditions:
``(i) The practitioner is a licensed physician or a
licensed clinical psychologist.
``(ii) At the request of such entity, the practitioner
provides services to patients of the entity, at a site at which
the entity operates or at a site designated by the entity. The
weekly number of hours of services provided to the patients by
the practitioner is not a factor with respect to meeting
conditions under this subparagraph.
``(iii) The practitioner does not for the provision of such
services receive any compensation from such patients, from the
entity, or from third-party payors (including reimbursement
under any insurance policy or health plan, or under any Federal
or State health benefits program).''.
|
Family Health Care Accessibility Act of 2007 - Amends the Public Health Service Act to deem volunteer practitioners who provide medical services to patients at certain nonprofit health centers in underserved areas as employees of the Public Health Service (thus extending the liability protections of the Federal Tort Claims Act to such practitioners).
Defines "volunteer practitioner" as a licensed physician or licensed clinical psychologist who provides services to patients of a health center without compensation or reimbursement at a health center site or a site designated by a health center.
|
{"src": "billsum_train", "title": "To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act."}
| 1,121 | 120 | 0.453436 | 1.313519 | 0.59186 | 2.340206 | 9.886598 | 0.85567 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family-Friendly Employer
Award Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employer.--The term ``employer''--
(A) means any person (as defined in section 3(a) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
202(a))) engaged in commerce or in any industry or
activity affecting commerce; and
(B) includes any agency of a State, or political
subdivision thereof.
The term does not include the Government of the United States
or any agency thereof.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
SEC. 3. ESTABLISHMENT OF MILITARY FAMILY-FRIENDLY EMPLOYER AWARD.
(a) In General.--There is established in the Department of Defense
an annual award to be known as the Military Family-Friendly Employer
Award (hereafter referred to in this Act as the ``Award'') for
employers that have developed and implemented workplace flexibility
policies and practices--
(1) to assist the working spouses and caregivers of members
of the Armed Forces who are deployed away from home, and to
assist such members upon their return from deployment, so that
the needs of the home may be addressed during and after such
deployments; and
(2) that reflect a deep awareness and commitment in
response to the needs of the military family unit.
(b) Plaque.--The Award shall be evidenced by a plaque bearing the
title ``Military Family-Friendly Employer Award''.
(c) Application.--
(1) In general.--An employer desiring consideration for an
Award shall submit an application to the Secretary at such
time, in such manner, and containing such information as such
Secretary may require.
(2) Reapplication.--An employer may reapply for an Award,
regardless of whether the employer has been a previous
recipient of such Award.
(d) Display on Web Site.--The Secretary shall make publically
available on its Internet Web site the names of each recipient of the
Award.
(e) Presentation of Award.--The Secretary (or the Secretary's
designee) shall present annually the Award to employers under this
section.
SEC. 4. MILITARY FAMILY-FRIENDLY SPECIAL TASK FORCE.
(a) Establishment.--There is established within the Department of
Defense a Military Family-Friendly Special Task Force (hereafter
referred to in this Act as the ``Task Force'').
(b) Composition.--
(1) In general.--The Task Force shall be composed of 9
members to be appointed as follows:
(A) The Secretary shall appoint one individual to
serve as the chairperson of the Task Force.
(B) The Secretary, in consultation with the
Secretary of Labor and based on recommendations made by
the majority and minority leaders of the Senate and the
Speaker and minority leader of the House of
Representatives, shall appoint--
(i) two members who shall be work-life
experts; and
(ii) two members who shall be
representatives of the general business
community.
(C) The Secretary, based on recommendations made by
the majority and minority leaders of the Senate and the
Speaker and minority leader of the House of
Representatives, shall appoint--
(i) two members who shall be experts on the
Armed Forces; and
(ii) two members who shall be
representatives of families with one or more
members serving in the Armed Forces.
(2) Qualifications.--In appointing members of the Task
Force the Secretary shall ensure--
(A) that such members are individuals with
knowledge and experience in workplace flexibility
policies as such policies relate to services in and
support for the Armed Forces;
(B) that not more than 2 members appointed under
paragraph (1)(B) are from the same political party; and
(C) that not more than 2 members appointed under
paragraph (1)(C) are from the same political party.
(3) Terms.--
(A) In general.--Except as provided under
subparagraphs (B) and (C), each member of the Task
Force shall be appointed for 2 years and may be
reappointed.
(B) Terms of initial appointees.--As designated by
the Secretary at the time of appointment, of the
members of the Task Force first appointed, 4 shall each
be appointed for a 1-year term and the remainder shall
each be appointed for a 2-year term.
(C) Vacancies.--Any member of the Task Force
appointed to fill a vacancy occurring before the
expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after
the expiration of that member's term until a successor
has taken office.
(4) Limitation.--The Secretary may not appoint any Member
of Congress to the Task Force.
(c) Duties.--The Task Force shall--
(1) develop and review military-centered questions for
integration into the award model for determining which
applicant employers should receive an Award;
(2) determine how such questions should be weighed in
making Award determinations what threshold should be used as
the minimum for making such Awards;
(3) review responses to a sample of such questions posed as
part of any questionnaire used for purposes of making such
Awards;
(4) consider private sector award models such as the
Malcolm Baldrige National Quality Award or the Alfred P. Sloan
Award for Business Excellence in Workplace Flexibility;
(5) determine criteria for the delivery of the Award; and
(6) carry out any other activities determined appropriate
by the Secretary.
(d) Operations.--
(1) Meetings.--
(A) In general.--Except for the initial meeting of
the Task Force under subparagraph (B), the Task Force
shall meet at the call of the chairperson or a majority
of its members.
(B) Initial meeting.--The Task Force shall conduct
its first meeting not later than 90 days after the
appointment of all of its members.
(2) Voting and rules.--A majority of members of the Task
Force shall constitute a quorum to conduct business. The Task
Force may establish by majority vote any other rules for the
conduct of the business of the Task Force, if such rules are
not inconsistent with this section or other applicable law.
(3) Compensation and travel.--All members of the Task Force
shall be compensated at a rate equal to the daily equivalent of
the annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of duties of the Task
Force. The members of the Task Force shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter 1 of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Task Force.
SEC. 5. REGULATIONS.
The Secretary may prescribe regulations to carry out the purposes
of this Act.
|
Military Family-Friendly Employer Award Act - Establishes in the Department of Defense (DOD) an annual award to be known as the Military Family-Friendly Employer Award (Award) for non-federal employers who have developed and implemented workplace flexibility policies and practices: (1) to assist the working spouses and caregivers of members of the Armed Forces who are deployed away from home, and to assist such members upon their return from deployment; and (2) that reflect a deep awareness and commitment in response to the needs of the military family unit.
Establishes in DOD a Military Family-Friendly Special Task Force to provide specified assistance in the making of such Awards.
|
{"src": "billsum_train", "title": "A bill to establish the Military Family-Friendly Employer Award for employers that have developed and implemented workplace flexibility policies to assist the working spouses and caregivers of service members, and returning service members, in addressing family and home needs during deployments."}
| 1,586 | 145 | 0.6512 | 1.840663 | 0.747304 | 7.496124 | 11.302326 | 0.922481 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Children's School
Investment Act''.
SEC. 2. SCHOOL CONSTRUCTION GRANTS.
(a) In General.--Section 8007 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7707) is amended by adding at the end
the following:
``(c) School Construction Grants.--
``(1) Authority and conditions for grants.--From the amount
appropriated for each fiscal year under section 8014(f), the
Secretary is authorized to make grants to eligible local
educational agencies to carry out eligible projects for the
construction of public kindergarten, elementary, and secondary
school facilities.
``(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), the local educational agency shall--
``(A) have been eligible to receive a payment under
section 8003 for the fiscal year prior to the year for
which the application is made; and
``(B) have had an overall increase in enrollment--
``(i) during the period between the end of
the school year preceding the fiscal year for
which the application is made and the beginning
of the school year immediately preceding that
school year;
``(ii) of not less than 250, or not less
than 10 percent (whichever is lower), of
students who are children described in--
``(I) subparagraph (A), (B), or (D)
of section 8003(a)(1); or
``(II) subparagraph (F) or (G) of
section 8003(a)(1), but only to the
extent such children are civilian
dependents of employees of the
Department of Defense; and
``(iii) that is the direct result of one or
more of the following:
``(I) Base realignment and closure
or global rebasing, as determined by
the Secretary of Defense.
``(II) Force structure changes or
force reductions.
``(III) An action initiated by the
Secretary of Defense.
``(3) Criteria for grants.--In considering an application
for a grant the Secretary shall consider--
``(A) the extent to which the local educational
agency involved needs the grant because it lacks the
fiscal capacity to undertake the project for which the
grant would be used without the grant; and
``(B) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of
the facility in the project.
``(4) Eligible projects.--To be an eligible project for a
grant under paragraph (1), the project must consist of--
``(A) the construction of new elementary or
secondary schools to meet the needs imposed by
enrollment growth;
``(B) the construction of additional academic
learning space at existing schools;
``(C) the repair or upgrading of classrooms or
structures related to academic learning, including but
not limited to roofs, walls, plumbing, ventilation
equipment, and inadequate heating or lighting
equipment; or
``(D) the leasing of buildings or portions of
buildings from a private entity for the purpose of
providing school space, with the Secretary's approval.
``(5) Amount and conditions of grants.--In making grants
under this subsection, the Secretary shall ensure that the
amount of a grant does not exceed the total construction,
modernization, or repair costs involved, as determined by the
Secretary.
``(6) Impermissible uses of funds.--No funds received under
this subsection may be used for--
``(A) payment of maintenance costs; or
``(B) stadiums or other facilities primarily used
for athletic contests or exhibitions or other events
for which admission is charged to the general public.
``(7) Supplement, not supplant.--A local educational agency
receiving a grant under this subsection shall use such Federal
funds only to supplement and not supplant the amount of funds
that would, in the absence of such Federal funds, be available
for construction, modernization, and repair of public
kindergarten, elementary, and secondary school facilities.
``(8) Reporting.--
``(A) Reports by secretary.--Not later than
December 31 of each fiscal year, the Secretary, and the
Secretary of Defense, shall each submit to the
Committee on Education and Labor and the Committee on
Armed Services of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions and
the Committee on Armed Services of the Senate a report
on grants made under this subsection, including the
types of construction, modernization, and repair
funded, and the number of students impacted.
``(B) Reports by local educational agencies.--Not
later than September 30 of each fiscal year, each local
educational agency receiving a grant under this
subsection shall submit to the Secretary, and to the
Secretary of Defense, a report on the agency's use of
such grant funds.''.
(b) Authorization of Appropriations.--Section 8014 of that Act (20
U.S.C. 7714) is amended--
(1) in subsection (e), by inserting after ``8007'' the
following: ``other than section 8007(c)''; and
(2) by inserting after subsection (f) the following:
``(g) School Construction Grants.--For the purposes of carrying out
section 8007(c), there are authorized to be appropriated $500,000,000
for fiscal year 2009 and such sums as may be necessary for each of the
seven succeeding fiscal years.''.
|
Military Childrens School Investment Act - Amends the Impact Aid program (which compensates local educational agencies [LEAs] for the financial burden of federal activities affecting their areas) of the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award grants to LEAs that: (1) were eligible for Impact Aid in the prior fiscal year due to federally-connected children; and (2) are experiencing an enrollment increase of at least 250 or 10% consisting of certain federally-connected children whose arrival is due to military base closures and realignments or global rebasing, force structure changes or reductions, or actions initiated by the Secretary of Defense.
Requires such grants to be used: (1) to construct new schools or expand existing schools to accommodate the influx of students; (2) repair or upgrade academic facilities; or (3) lease, with the Secretary's approval, buildings or portions of buildings from a private entity for additional school space.
|
{"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to establish a discretionary grant program for school construction for local educational agencies affected by base closures and realignments, and for other purposes."}
| 1,204 | 203 | 0.610037 | 1.601518 | 0.80574 | 1.854839 | 6.134409 | 0.747312 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserve Access to Affordable
Generics Act''.
SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings.--The Congress finds that--
(1) prescription drugs make up 11 percent of the national
health care spending but are 1 of the largest and fastest
growing health care expenditures;
(2) 56 percent of all prescriptions dispensed in the United
States are generic drugs, yet they account for only 13 percent
of all expenditures;
(3) generic drugs, on average, cost 63 percent less than
their brand-name counterparts;
(4) consumers and the health care system would benefit from
free and open competition in the pharmaceutical market and the
removal of obstacles to the introduction of generic drugs;
(5) full and free competition in the pharmaceutical
industry, and the full enforcement of antitrust law to prevent
anticompetitive practices in this industry, will lead to lower
prices, greater innovation, and inure to the general benefit of
consumers;
(6) the Federal Trade Commission has determined that some
brand name pharmaceutical manufacturers collude with generic
drug manufacturers to delay the marketing of competing, low-
cost, generic drugs;
(7) collusion by the brand name pharmaceutical
manufacturers is contrary to free competition, to the interests
of consumers, and to the principles underlying antitrust law;
(8) in 2005, 2 appellate court decisions reversed the
Federal Trade Commission's long-standing position, and upheld
settlements that include pay-offs by brand name pharmaceutical
manufacturers to generic manufacturers designed to keep generic
competition off the market;
(9) in the 6 months following the March 2005 court
decisions, the Federal Trade Commission found there were three
settlement agreements in which the generic received
compensation and agreed to a restriction on its ability to
market the product;
(10) the Federal Trade Commission found that more than \2/
3\ of the approximately ten settlement agreements made in 2006
include a pay-off from the brand in exchange for a promise by
the generic company to delay entry into the market; and
(11) settlements which include a payment from a brand name
manufacturer to a generic manufacturer to delay entry by
generic drugs are anti-competitive and contrary to the
interests of consumers.
(b) Purposes.--The purposes of this Act are--
(1) to enhance competition in the pharmaceutical market by
prohibiting anticompetitive agreements and collusion between
brand name and generic drug manufacturers intended to keep
generic drugs off the market;
(2) to support the purpose and intent of antitrust law by
prohibiting anticompetitive agreements and collusion in the
pharmaceutical industry; and
(3) to clarify the law to prohibit payments from brand name
to generic drug manufacturers with the purpose to prevent or
delay the entry of competition from generic drugs.
SEC. 3. UNLAWFUL COMPENSATION FOR DELAY.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by redesignating section 28 as section 29; and
(2) by inserting after section 27 the following:
``SEC. 28. UNLAWFUL INTERFERENCE WITH GENERIC MARKETING.
``(a) It shall be unlawful under this Act for any person, in
connection with the sale of a drug product, to directly or indirectly
be a party to any agreement resolving or settling a patent infringement
claim which--
``(1) an ANDA filer receives anything of value; and
``(2) the ANDA filer agrees not to research, develop,
manufacture, market, or sell the ANDA product for any period of
time.
``(b) Nothing in this section shall prohibit a resolution or
settlement of patent infringement claim in which the value paid by the
NDA holder to the ANDA filer as a part of the resolution or settlement
of the patent infringement claim includes no more than the right to
market the ANDA product prior to the expiration of the patent that is
the basis for the patent infringement claim.
``(c) In this section:
``(1) The term `agreement' means anything that would
constitute an agreement under section 1 of the Sherman Act (15
U.S.C. 1) or section 5 of the Federal Trade Commission Act (15
U.S.C. 45).
``(2) The term `agreement resolving or settling a patent
infringement claim' includes, any agreement that is contingent
upon, provides a contingent condition for, or is otherwise
related to the resolution or settlement of the claim.
``(3) The term `ANDA' means an abbreviated new drug
application, as defined under section 505(j) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)).
``(4) The term `ANDA filer' means a party who has filed an
ANDA with the Federal Drug Administration.
``(5) The term `ANDA product' means the product to be
manufactured under the ANDA that is the subject of the patent
infringement claim.
``(6) The term `drug product' means a finished dosage form
(e.g., tablet, capsule, or solution) that contains a drug
substance, generally, but not necessarily, in association with
1 or more other ingredients, as defined in section 314.3(b) of
title 21, Code of Federal Regulations.
``(7) The term `NDA' means a new drug application, as
defined under section 505(b) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(b)).
``(8) The term `NDA holder' means--
``(A) the party that received FDA approval to
market a drug product pursuant to an NDA;
``(B) a party owning or controlling enforcement of
the patent listed in the Approved Drug Products With
Therapeutic Equivalence Evaluations (commonly known as
the `FDA Orange Book') in connection with the NDA; or
``(C) the predecessors, subsidiaries, divisions,
groups, and affiliates controlled by, controlling, or
under common control with any of the entities described
in subclauses (i) and (ii) (such control to be presumed
by direct or indirect share ownership of 50 percent or
greater), as well as the licensees, licensors,
successors, and assigns of each of the entities.
``(9) The term `patent infringement' means infringement of
any patent or of any filed patent application, extension,
reissue, renewal, division, continuation, continuation in part,
reexamination, patent term restoration, patents of addition and
extensions thereof.
``(10) The term `patent infringement claim' means any
allegation made to an ANDA filer, whether or not included in a
complaint filed with a court of law, that its ANDA or ANDA
product may infringe any patent held by, or exclusively
licensed to, the NDA holder of the drug product.''.
SEC. 4. NOTICE AND CERTIFICATION OF AGREEMENTS.
(a) Notice of All Agreements.--Section 1112(c)(2) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (21
U.S.C. 3155 note) is amended by--
(1) striking ``the Commission the'' and inserting ``the
Commission (1) the''; and
(2) inserting before the period at the end the following:
``; and (2) a description of the subject matter of any other
agreement the parties enter into within 30 days of an entering
into an agreement covered by subsection (a) or (b)''.
(b) Certification of Agreements.--Section 1112 of such Act is
amended by adding at the end the following:
``(d) Certification.--The Chief Executive Officer or the company
official responsible for negotiating any agreement required to be filed
under subsection (a), (b), or (c) shall execute and file with the
Assistant Attorney General and the Commission a certification as
follows: `I declare under penalty of perjury that the following is true
and correct: The materials filed with the Federal Trade Commission and
the Department of Justice under section 1112 of subtitle B of title XI
of the Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, with respect to the agreement referenced in this
certification: (1) represent the complete, final, and exclusive
agreement between the parties; (2) include any ancillary agreements
that are contingent upon, provide a contingent condition for, or are
otherwise related to, the referenced agreement; and (3) include written
descriptions of any oral agreements, representations, commitments, or
promises between the parties that are responsive to subsection (a) or
(b) of such section 1112 and have not been reduced to writing.'.''.
SEC. 5. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD.
Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section 28
of the Clayton Act or'' after ``that the agreement has violated''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Trade
Commission such sums as may be necessary to carry out the provisions of
this Act.
|
Preserve Access to Affordable Generics Act - Amends the Clayton Act to make it unlawful for a person, in connection with the sale of a drug product, to be a party to any agreement resolving or settling a patent infringement claim in which: (1) an abbreviated new drug (generic) application filer receives anything of value; and (2) such filer agrees not to research, develop, manufacture, market, or sell the generic product for any period. Excludes a resolution or settlement that includes no more than the right to market the generic product prior to the expiration of the patent.
Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to set forth additional filing requirements related to agreements between a brand name drug company and a generic drug applicant. Requires the Chief Executive Officer or the company official responsible for negotiating any agreement to file a certification that materials filed with respect to such agreements are complete, final, and exclusive.
Amends the Federal Food, Drug, and Cosmetic Act to provide that forfeiture of the 180-day exclusivity period for the marketing of a generic drug occurs if there is a final decision of the Federal Trade Commission (FTC) or the court that an agreement has violated this Act.
|
{"src": "billsum_train", "title": "To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market."}
| 2,076 | 282 | 0.458187 | 1.481269 | 0.669601 | 4.52521 | 7.957983 | 0.936975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Funding Equity Act of
2003''.
SEC. 2. MINIMUM GUARANTEE.
Section 105 of title 23, United States Code, is amended--
(1) by striking subsection (a) and subsections (c) through
(f);
(2) by redesignating subsection (b) as subsection (e);
(3) by inserting after the section heading the following:
``(a) In General.--
``(1) Basic minimum guarantee.--
``(A) In general.--For each of fiscal years 2004
through 2009, the Secretary shall allocate among the
States amounts sufficient to ensure that the percentage
for each State of the total apportionments for the
fiscal year for the National Highway System under
section 103(b), the high priority projects program
under section 117, the Interstate maintenance program
under section 119, the surface transportation program
under section 133, metropolitan planning under section
134, the highway bridge replacement and rehabilitation
program under section 144, the congestion mitigation
and air quality improvement program under section 149,
the recreational trails program under section 206, the
Appalachian development highway system under subtitle
IV of title 40, and the basic minimum guarantee under
this paragraph, equals or exceeds the percentage
determined for the State under subparagraph (B).
``(B) State percentages.--
``(i) In general.--Except as provided in
clause (ii), the percentage for each State
referred to in subparagraph (A) is the
percentage that is equal to 95 percent of the
ratio that--
``(I) the estimated tax payments
attributable to highway users in the
State paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available.
``(ii) Exception.--In the case of a State
having a population density of less than 50
individuals per square mile according to the
2000 decennial census, the percentage referred
to in subparagraph (A) shall be the greater
of--
``(I) the percentage determined
under clause (i); or
``(II) the percentage specified in
subsection (e).
``(2) Discretionary minimum guarantee.--
``(A) Allocation.--
``(i) In general.--Except as provided in
subparagraph (B), for each of fiscal years 2004
through 2009, on or before September 30 of the
fiscal year, the Secretary shall allocate among
the States amounts sufficient to ensure that,
when all allocations from the Highway Trust
Fund (other than allocations from the Mass
Transit Account, for emergency relief, for the
programs specified in paragraph (1)(A), and for
the discretionary minimum guarantee under this
paragraph) for the fiscal year have been
identified, the percentage for each State of
all of those allocations for the fiscal year
equals or exceeds the percentage that is equal
to 95 percent of the tax payments ratio
determined under clause (ii).
``(ii) Tax payments ratio.--The tax
payments ratio referred to in clause (i) for a
State is equal to the ratio that--
``(I) the estimated tax payments
attributable to highway users in the
State paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available; bears to
``(II) the estimated tax payments
attributable to highway users in all
States paid into the Highway Trust Fund
(other than the Mass Transit Account)
in the most recent fiscal year for
which data are available.
``(B) Exception.--
``(i) In general.--For any fiscal year, no
additional amounts shall be allocated to a
State under subparagraph (A) if the ratio
determined under clause (ii) for the State
exceeds 95 percent of the tax payments ratio
determined under subparagraph (A)(ii).
``(ii) Ratio.--The ratio referred to in
clause (i) for a State is equal to the ratio
that--
``(I) the sum of--
``(aa) the apportionments
to the State for the fiscal
year for the National Highway
System under section 103(b),
the high priority projects
program under section 117, the
Interstate maintenance program
under section 119, the surface
transportation program under
section 133, metropolitan
planning under section 134, the
highway bridge replacement and
rehabilitation program under
section 144, the congestion
mitigation and air quality
improvement program under
section 149, the recreational
trails program under section
206, the Appalachian
development highway system
under subtitle IV of title 40,
and the basic minimum guarantee
under paragraph (1); and
``(bb) the allocations to
the State for the fiscal year
from the Highway Trust Fund
(other than allocations from
the Mass Transit Account and
allocations for emergency
relief); bears to
``(II) the sum of the
apportionments and allocations
specified in subclause (I) to all
States for the fiscal year.
``(C) Obligation limitations.--Obligation
limitations for Federal-aid highways and highway safety
construction programs established by the Act enacting
this subparagraph or any subsequent Act shall not apply
to apportionments for the discretionary minimum
guarantee under this paragraph.
``(b) Treatment of Funds.--
``(1) Programmatic distribution.--The Secretary shall
apportion the amounts made available under this section that
exceed $2,800,000,000 so that the amount apportioned to each
State under this paragraph for each program referred to in subsection
(a)(1)(A) (other than the high priority projects program, metropolitan
planning, the recreational trails program, the Appalachian development
highway system, and the minimum guarantee under subsection (a)) is
equal to the product obtained by multiplying--
``(A) the amount to be apportioned under this
paragraph; and
``(B) the ratio that--
``(i) the amount of funds apportioned to
the State for each program referred to in
subsection (a)(1)(A) (other than the high
priority projects program, metropolitan
planning, the recreational trails program, the
Appalachian development highway system, and the
minimum guarantee under subsection (a)) for a
fiscal year; bears to
``(ii) the total amount of funds
apportioned to the State for that program for
the fiscal year.
``(2) Remaining distribution.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall apportion the remainder of funds made
available under this section to the States, and
administer those funds, in accordance with section
104(b)(3).
``(B) Inapplicable requirements.--Paragraphs (1),
(2), and (3) of section 133(d) shall not apply to
amounts apportioned in accordance with this paragraph.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as are necessary to carry out this section for each
of fiscal years 2004 through 2009.
``(d) Guarantee of 95 Percent Return.--
``(1) In general.--For each of fiscal years 2004 through
2009, before making any apportionment under this title, the
Secretary shall--
``(A) determine whether the sum of the percentages
determined under subsection (a)(1)(B) for the fiscal
year exceeds 100 percent; and
``(B) if the sum of the percentages exceeds 100
percent, proportionately adjust the percentages
specified in the table contained in subsection (e) to
ensure that the sum of the percentages determined under
subsection (a)(1)(B) for the fiscal year equals 100
percent.
``(2) Eligibility threshold for adjustment.--The Secretary
may make an adjustment under paragraph (1) for a State for a
fiscal year only if the percentage for the State in the table
contained in subsection (e) is equal to or exceeds 95 percent
of the ratio determined for the State under subsection
(a)(1)(B)(i) for the fiscal year.
``(3) Limitation on adjustments.--Adjustments of the
percentages in the table contained in subsection (e) in
accordance with this subsection shall not result in a total of
the percentages determined under subsection (a)(1)(B) that
exceeds 100 percent.''; and
``(4) in subsection (e) (as redesignated by paragraph (2)),
by striking ``subsection (a)'' and inserting ``subsections
(a)(1)(B)(ii)(II) and (d)''.
|
Highway Funding Equity Act of 2003 - Revises Federal highway funding minimum guarantee provisions. Requires the Secretary of Transportation, for each of FY 2004 through 2009, to allocate among the States amounts sufficient to ensure that: (1) the percentage for each State of the total apportionments for the fiscal year for the National Highway System (NHS), the high priority projects program, the Interstate maintenance program, the surface transportation program, metropolitan planning, the highway bridge replacement and rehabilitation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system, and the basic minimum guarantee equals or exceeds 95 percent of the ratio that the estimated tax payments to the Highway Trust Fund (HTF) (other than the Mass Transit Account) attributable to highway users in the State bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile); and (2) when HTF allocations (other than from the Mass Transit Account, for such programs, emergency relief, and the discretionary minimum guarantee) for the fiscal year have been identified, the percentage for each State of all of those allocations for the fiscal year equals or exceeds the percentage that is equal to 95 percent of such tax payments ratio.
Sets forth provisions regarding: (1) the programmatic distribution of NHS funds exceeding $2.8 billion; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100.
|
{"src": "billsum_train", "title": "To amend title 23, United States Code, relating to the minimum guarantee program."}
| 1,977 | 330 | 0.739505 | 2.446116 | 0.877918 | 4.108911 | 6.023102 | 0.933993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Housing Preservation Act
of 2006''.
SEC. 2. EXCLUSION OF GAIN FROM SALES OF AFFORDABLE HOUSING WHICH IS
ATTRIBUTABLE TO DEPRECIATION.
(a) In General.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains)
is amended by inserting after section 1202 the following new section:
``SEC. 1203. EXCLUSION OF GAIN FROM QUALIFIED SALES OF MULTIFAMILY
HOUSING.
``(a) In General.--Gross income shall not include gain from the
qualified sale or exchange of eligible multifamily housing property.
``(b) Exclusion Limited to Depreciation.--The amount of gain
excluded from gross income under subsection (a) with respect to any
property shall not exceed the depreciation adjustments (as defined in
section 1250(b)(3)) in respect of such property.
``(c) Qualified Sale or Exchange.--For purposes of this section--
``(1) In general.--The term `qualified sale or exchange'
means a sale of eligible multifamily housing property to or an
exchange of such property with a preservation entity which
agrees to maintain affordability and use restrictions regarding
the property that are--
``(A) for a term of not less than the extended use
period,
``(B) legally enforceable, and
``(C) consistent with the requirements of paragraph
(2).
Such restrictions shall be binding on all successors of the
preservation entity and shall be recorded as a restrictive
covenant on the property pursuant to State law.
``(2) Affordability and use restrictions.--
``(A) In general.--Affordability and use
restrictions regarding a property are consistent with
this paragraph if--
``(i) in the case of property with respect
to which assistance described in subsection (d)
is still in effect (as determined by the
Secretary), such property satisfies the
affordability and use restrictions in
connection with such assistance, or
``(ii) in the case of any other property,
such property is maintained as affordable
housing.
``(B) Affordable housing.--The term `affordable
housing' means housing which would be a qualified low-
income housing project (as defined in section 42(g)) if
subparagraph (A) of section 42(g)(1) did not apply and
subparagraph (B) of such section were applied by
substituting `51 percent' for `40 percent'. Eligible
multifamily housing property shall not fail to be
treated as affordable housing solely because residents
of such property (while such property was described in
subparagraph (A)(i)) continue to reside in such
property.
``(3) Certification by program administrator.--The term
`qualified sale or exchange' shall not include any sale or
exchange of property unless the housing agency certifies--
``(A) that the transferee with respect to such
property is a qualified preservation entity,
``(B) that affordability and use restrictions will
be maintained with respect to such property during the
extended use period,
``(C) that new capital will be expended that
restores the condition of the property and funds
adequate reserves, and
``(D) the amount of gain which the transferor will
be allowed to exclude from gross income under
subsection (a) (determined at the entity level in the
case of a partnership or S corporation).
``(4) Extended use period.--The term `extended use period'
means the period beginning on the date of sale and ending on
the earlier of--
``(A) 30 years after the close of the sale, or
``(B) the date that the property is acquired by
foreclosure (or instrument in lieu of foreclosure).
Subparagraph (B) shall not apply if the Secretary determines
that the acquisition described therein is part of an
arrangement with the owner a purpose of which is to terminate
the extended use period.
``(d) Eligible Multifamily Housing Property.--For purposes of this
section, the term `eligible multifamily housing property' means any
section 1250 property (as defined in section 1250(c))--
``(1) which is assisted under section 221(d)(3) or section
236 of the National Housing Act (or financed or assisted by
direct loan or tax abatement under similar provisions of State
or local laws) and with respect to which the owner is subject
to the restrictions described in section 1039(b)(1)(B) (as in
effect on the day before the date of the enactment of the
Revenue Reconciliation Act of 1990),
``(2) which is described in section 512(2)(B) of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note), or
``(3) with respect to which a loan is made or insured under
title V of the Housing Act of 1949.
Such term does not include any property with respect to which a credit
under section 42 was allowed to the taxpayer.
``(e) Preservation Entity.--For purposes of this section, the term
`preservation entity' means a housing agency or an organization
approved by a housing agency that has the capacity and commitment to
successfully acquire and preserve eligible multifamily housing
property. An organization shall not be treated as a preservation entity
with respect to any taxpayer if such organization is related (as
defined in section 267) to such taxpayer.
``(f) Responsibilities of Housing Agency.--The housing agency (or
an agent or other private contractor of such agency) shall--
``(1) determine whether the preservation entity's plan for
rehabilitation and operation restores the condition of the
eligible multifamily housing property and is viable for no less
than 30 years,
``(2) monitor the affordability and use restrictions for
the eligible multifamily housing property, and
``(3) notify the Internal Revenue Service as to any portion
of such property which is out of compliance.
``(g) Recapture for Noncompliance.--If the Secretary determines
that all or a portion of the multifamily housing property acquired by a
preservation entity in a transfer to which subsection (a) applied is
out of compliance with the requirements of this section, the
preservation entity's tax imposed under this chapter for the taxable
year shall be increased by (or if such entity is not otherwise subject
to tax under this chapter, there shall be imposed on such entity a tax
equal to) 12.5 percent of the amount which bears the same ratio to the
amount certified under subsection (c)(3)(C) with respect to such
property as such entity's share of the portion of such property which
is out of compliance bears to the entire property. The amount otherwise
determined under this subsection (without regard to this sentence)
shall be reduced by the product of 3.33 percent of such amount,
multiplied by the number of years after the qualified sale or exchange
that the property was in compliance with the requirements of this
section.
``(h) Coordination With Section 1250.--In the case of a qualified
sale or exchange of eligible multifamily housing property a portion of
the gain from which is treated as ordinary income under section 1250,
such portion of the gain shall be excluded from gross income under
subsection (a) before any remaining portion of such gain.
``(i) Housing Agency.--For purposes of this section, the term
`housing agency' means, with respect to any eligible multifamily
housing property, the State housing agency (or in the absence of a
State housing agency, any Federal housing agency) which administers
housing assistance with respect to such property.''.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 172(d)(2) of the Internal
Revenue Code of 1986 is amended by striking ``section 1202''
and inserting ``section 1202 and 1203''.
(2) Paragraph (4) of section 642(c) of such Code is amended
by striking the first sentence and inserting the following:
``To the extent that the amount otherwise allowable as a
deduction under this subsection consists of gain described in
section 1202(a) or 1203(a)), proper adjustment shall be made
for any exclusion allowable to the estate or trust under
section 1202 or section 1203, as the case may be.''.
(3) Paragraph (3) of section 643(a) of such Code is amended
by striking ``section 1202'' and inserting ``sections 1202 and
1203''.
(4) Paragraph (4) of section 691(c) of such Code is amended
by inserting ``1203,'' after ``1202,''.
(5) Paragraph (2) of section 871(a) of such Code is amended
by inserting ``and 1203'' after ``section 1202''.
(6) The table of sections for part I of subchapter P of
chapter 1 of such Code is amended by inserting after the item
relating to section 1202 the following new item:
``Sec. 1203. Exclusion of gain from qualified sales of multifamily
housing.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
|
Affordable Housing Preservation Act of 2006 - Amends the Internal Revenue to exclude from gross income gain from the sale or exchange of certain multifamily housing property to a housing agency or related organization (preservation entity) that agrees to maintain certain affordability and use restrictions for such property. Limits the excludable amount of such gain to the depreciation adjustments for such property.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide an incentive to preserve affordable housing in multifamily housing units which are sold or exchanged."}
| 2,076 | 82 | 0.596888 | 1.417632 | 1.332123 | 2.909091 | 28.378788 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Congenital Heart Futures Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congenital heart defects are the most common and most
deadly group of birth defects and affect nearly 1 percent of
all live births, approximately 36,000 births a year. A child is
born with a congenital heart defect every 15 minutes.
(2) Congenital heart disease is a rapidly growing national
health problem. Childhood survival has risen from below 20
percent in 1950 to more than 90 percent today. Due to the
increase in childhood survival, the congenital heart disease
population increases by an estimated 5 percent every year.
(3) Approximately 800,000 children and 1,000,000 adults in
the United States are now living with congenital heart disease
and require highly specialized life-long cardiac care.
(4) There is no cure for congenital heart disease. Even
survivors of successful childhood treatment can face life-long
risks from congenital heart disease, including heart failure,
rhythmic disorders, stroke, renal dysfunction, and
neurocognitive dysfunction.
(5) Less than 10 percent of adults living with complex
congenital heart disease currently receive recommended cardiac
care. Many individuals with congenital heart disease are
unaware that they require life-long specialized health
surveillance. Delays in care can result in premature death and
disability.
(6) The estimated life expectancy for those with congenital
heart disease is significantly lower than for the general
population. The life expectancy for those born with moderately
complex heart defects is 55, while the estimated life
expectancy for those born with highly complex defects is
between 35 and 40.
(7) Despite the prevalence and seriousness of the disease,
Federal research, data collection, education, and awareness
activities are limited.
(8) The strategic plan of the National Heart, Lung, and
Blood Institute completed in 2007 notes that ``successes over
several decades have enabled people with congenital heart
diseases to live beyond childhood, but too often inadequate
data are available to guide their treatment as adults''.
(9) The strategic plan for the Division of Cardiovascular
Diseases at the National Heart, Lung, and Blood Institute,
completed in 2008, set goals for congenital heart disease
research, including understanding the development and genetic
basis of congenital heart disease, improving evidence-based
care and treatment of children with congenital and acquired
pediatric heart disease, and improving evidence-based care and
treatment of adults with congenital heart disease.
SEC. 3. PUBLIC EDUCATION AND AWARENESS OF CONGENITAL HEART DISEASE.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART S--PROGRAMS RELATING TO CONGENITAL HEART DISEASE
``SEC. 399HH. PUBLIC EDUCATION AND AWARENESS OF CONGENITAL HEART
DISEASE.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention and in collaboration
with appropriate congenital heart disease patient organizations and
professional organizations, may, directly or through grants,
cooperative agreements, or contracts to eligible entities, conduct,
support, and promote a comprehensive public education and awareness
campaign to increase public and medical community awareness regarding
congenital heart disease, including the need for life-long treatment of
congenital heart disease survivors.
``(b) Eligibility for Grants.--To be eligible to receive a grant,
cooperative agreement, or contract under this section, an entity shall
be a State or private nonprofit entity and shall submit to the
Secretary an application at such time, in such manner, and containing
such information as the Secretary may require.''.
SEC. 4. NATIONAL CONGENITAL HEART DISEASE REGISTRY.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.),
as amended by section 3, is further amended by adding at the end the
following:
``SEC. 399II. NATIONAL CONGENITAL HEART DISEASE REGISTRY.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may--
``(1) enhance and expand infrastructure to track the
epidemiology of congenital heart disease and to organize such
information into a comprehensive, nationwide registry of actual
occurrences of congenital heart disease, to be known as the
`National Congenital Heart Disease Registry'; or
``(2) award a grant to one eligible entity to undertake the
activities described in paragraph (1).
``(b) Purpose.--The purpose of the Congenital Heart Disease
Registry shall be to facilitate further research into the types of
health services patients use and to identify possible areas for
educational outreach and prevention in accordance with standard
practices of the Centers for Disease Control and Prevention.
``(c) Content.--The Congenital Heart Disease Registry--
``(1) may include information concerning the incidence and
prevalence of congenital heart disease in the United States;
``(2) may be used to collect and store data on congenital
heart disease, including data concerning--
``(A) demographic factors associated with
congenital heart disease, such as age, race, ethnicity,
sex, and family history of individuals who are
diagnosed with the disease;
``(B) risk factors associated with the disease;
``(C) causation of the disease;
``(D) treatment approaches; and
``(E) outcome measures, such that analysis of the
outcome measures will allow derivation of evidence-
based best practices and guidelines for congenital
heart disease patients; and
``(3) may ensure the collection and analysis of
longitudinal data related to individuals of all ages with
congenital heart disease, including infants, young children,
adolescents, and adults of all ages, including the elderly.
``(d) Coordination With Federal, State, and Local Registries.--In
establishing the National Congenital Heart Registry, the Secretary may
identify, build upon, expand, and coordinate among existing data and
surveillance systems, surveys, registries, and other Federal public
health infrastructure, including--
``(1) State birth defects surveillance systems;
``(2) the State birth defects tracking systems of the
Centers for Disease Control and Prevention;
``(3) the Metropolitan Atlanta Congenital Defects Program;
and
``(4) the National Birth Defects Prevention Network.
``(e) Public Access.--The Congenital Heart Disease Registry shall
be made available to the public, including congenital heart disease
researchers.
``(f) Patient Privacy.--The Secretary shall ensure that the
Congenital Heart Disease Registry is maintained in a manner that
complies with the regulations promulgated under section 264 of the
Health Insurance Portability and Accountability Act of 1996.
``(g) Eligibility for Grant.--To be eligible to receive a grant
under subsection (a)(2), an entity shall--
``(1) be a public or private nonprofit entity with
specialized experience in congenital heart disease; and
``(2) submit to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.''.
SEC. 5. ADVISORY COMMITTEE ON CONGENITAL HEART DISEASE.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.),
as amended by section 4, is further amended by adding at the end the
following:
``SEC. 399JJ. ADVISORY COMMITTEE ON CONGENITAL HEART DISEASE.
``(a) Establishment.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, may establish an
advisory committee, to be known as the `Advisory Committee on
Congenital Heart Disease' (referred to in this section as the `Advisory
Committee').
``(b) Membership.--The members of the Advisory Committee may be
appointed by the Secretary, acting through the Centers for Disease
Control and Prevention, and shall include--
``(1) at least one representative from--
``(A) the National Institutes of Health;
``(B) the Centers for Disease Control and
Prevention; and
``(C) a national patient advocacy organization with
experience advocating on behalf of patients living with
congenital heart disease;
``(2) at least one epidemiologist who has experience
working with data registries;
``(3) clinicians, including--
``(A) at least one with experience diagnosing or
treating congenital heart disease; and
``(B) at least one with experience using medical
data registries; and
``(4) at least one publicly or privately funded researcher
with experience researching congenital heart disease.
``(c) Duties.--The Advisory Committee may review information and
make recommendations to the Secretary concerning--
``(1) the development and maintenance of the National
Congenital Heart Disease Registry established under section
399II;
``(2) the type of data to be collected and stored in the
National Congenital Heart Disease Registry;
``(3) the manner in which such data is to be collected;
``(4) the use and availability of such data, including
guidelines for such use; and
``(5) other matters, as the Secretary determines to be
appropriate.
``(d) Report.--Not later than 180 days after the date on which the
Advisory Committee is established and annually thereafter, the Advisory
Committee shall submit a report to the Secretary concerning the
information described in subsection (c), including recommendations with
respect to the results of the Advisory Committee's review of such
information.''.
SEC. 6. CONGENITAL HEART DISEASE RESEARCH.
Subpart 2 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285b et seq.) is amended by adding at the end the following:
``SEC. 425. CONGENITAL HEART DISEASE.
``(a) In General.--The Director of the Institute may expand,
intensify, and coordinate research and related activities of the
Institute with respect to congenital heart disease, which may include
congenital heart disease research with respect to--
``(1) causation of congenital heart disease, including
genetic causes;
``(2) long-term outcomes in individuals with congenital
heart disease, including infants, children, teenagers, adults,
and elderly individuals;
``(3) diagnosis, treatment, and prevention;
``(4) studies using longitudinal data and retrospective
analysis to identify effective treatments and outcomes for
individuals with congenital heart disease; and
``(5) identifying barriers to life-long care for
individuals with congenital heart disease.
``(b) Coordination of Research Activities.--The Director of the
Institute may coordinate research efforts related to congenital heart
disease among multiple research institutions and may develop research
networks.
``(c) Minority and Medically Underserved Communities.--In carrying
out the activities described in this section, the Director of the
Institute shall consider the application of such research and other
activities to minority and medically underserved communities.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the amendments
made by this Act such sums as may be necessary for each of fiscal years
2010 through 2014.
|
Congenital Heart Futures Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC) in collaboration with appropriate congenital heart disease patient organizations and professional organizations, to conduct, support, and promote a comprehensive public education campaign to increase awareness regarding congenital heart disease, including the need for lifelong treatment.
Authorizes the Secretary to: (1) award a grant to one entity to enhance and expand infrastructure to track the epidemiology of congenital heart disease and to organize such information into a comprehensive National Congenital Heart Disease Registry with the purpose of facilitating research into the types of health services patients use and identifying possible areas for educational outreach and prevention; and (2) establish an Advisory Committee on Congenital Heart Disease.
Authorizes the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related activities of the Institute regarding congenital heart disease.
|
{"src": "billsum_train", "title": "To amend the Public Health Service Act to coordinate Federal congenital heart disease research efforts and to improve public education and awareness of congenital heart disease, and for other purposes."}
| 2,530 | 218 | 0.583505 | 1.662843 | 0.664697 | 4.9 | 12.126316 | 0.952632 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Health Care Coverage Act''.
SEC. 2. FAMILY COVERAGE OF CHILDREN.
(a) In General.--In the case of an individual enrolled in a health
plan under a family class of enrollment, the carrier providing the
plan, or the plan sponsor sponsoring or maintaining the plan, shall
offer and provide equal coverage under the plan to any child of the
individual, if the child elects to receive coverage pursuant to such
family enrollment.
(b) Definitions.--For purposes of this section:
(1) Carrier.--The term ``carrier'' means a licensed
insurance company, a hospital or medical service corporation
(including an existing Blue Cross or Blue Shield organization,
within the meaning of section 833(c)(2) of the Internal Revenue
Code of 1986), a health maintenance organization, or any other
entity (other than a plan sponsor) licensed or certified by a
State to provide health insurance or health benefits.
(2) Child.--
(A) In general.--The term ``child'' means an
individual who--
(i) is less than 27 years of age;
(ii) has never been married;
(iii) has no dependents; and
(iv) has a parent-child relationship with
another individual who is eligible to enroll in
a health plan under a family class of
enrollment.
(B) Application of state law.--Determination of
whether a child has a parent-child relationship with
another individual shall be made in accordance with
applicable State law.
(3) Family class of enrollment.--The terms ``family class
of enrollment'' and ``family enrollment'' mean enrollment in a
health plan under a class of enrollment that provides coverage
for--
(A) An unmarried individual and 1 or more children;
or
(B) A married couple and 1 or more children.
(4) Group health plan.--The term ``group health plan''
means an employee welfare benefit plan (as defined in section
3(1) of the Employee Retirement Income Security Act of 1974)
providing medical care (as defined in section 213(d) of the
Internal Revenue Code of 1986) to participants or beneficiaries
(as defined in section 3 of the Employee Retirement Income
Security Act of 1974) directly or through insurance,
reimbursement, or otherwise.
(5) Health plan.--The term ``health plan'' means--
(A) any contract of health insurance, including any
hospital or medical service policy or certificate,
hospital or medical service plan contract, or health
maintenance organization group contract, that is
provided by a carrier; or
(B) a group health plan, an employee welfare
benefit plan, a multiple employer welfare arrangement,
or other arrangement insofar as the plan or arrangement
provides health benefits and is funded in a manner
other than through the purchase of one or more policies
or contracts described in subparagraph (A).
(6) Plan sponsor.--The term ``plan sponsor'' means--
(A) a plan sponsor described in section
3(16)(B)(iii) of Employee Retirement Income Security
Act of 1974, but only with respect to a group health
plan that is maintained by the sponsor;
(B) an employer of an employee covered under a
health plan that is a multiple employer welfare
arrangement (as defined in section 3(40) of the
Employee Retirement Income Security Act); or
(C) an employee organization that sponsors such a
health plan.
SEC. 3. CIVIL MONEY PENALTY.
(a) Violation.--Any individual who, or entity that, the Secretary
of Health and Human Services determines has failed to comply with
section 1 shall be subject, in addition to any other penalties that may
be prescribed by law, to a civil money penalty of not more than $500
for each such violation.
(b) Procedures for Imposition of Penalties.--The provisions of
section 1128A of the Social Security Act (other than subsections (a)
and (b) and the second sentence of subsection (f)) shall apply to the
imposition of a civil monetary penalty under this section in the same
manner as such provisions apply with respect to the imposition of a
penalty under section 1128A of such Act.
SEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.
For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C.
1012(b); commonly known as the McCarran-Ferguson Act), this Act shall
be considered to specifically relate to the business of insurance.
SEC. 5. REGULATIONS.
The Secretary of Health and Human Services may issue regulations to
carry out this Act.
|
Family Health Care Coverage Act - Requires health plans that provide a family class of enrollment to offer and provide equal coverage to any child of an eligible individual who is less than 27 years of age, has never been married, has no dependents, and has a parent-child relationship with such individual.
|
{"src": "billsum_train", "title": "Family Health Care Coverage Act"}
| 1,045 | 67 | 0.590797 | 1.326862 | 0.921108 | 3.862069 | 16.310345 | 0.965517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Useful Career Counseling
in Elementary and Secondary Schools (SUCCESS) Act of 2018''.
SEC. 2. BEST PRACTICES FOR SECONDARY SCHOOL COUNSELORS TRAINING GRANT.
Section 114 of the Carl D. Perkins Career and Technical Education
Act of 2006 (20 U.S.C. 2324) is amended--
(1) by redesignating subsection (e) as subsection (g);
(2) in subsection (d)--
(A) in paragraph (2)(A), by striking ``subsection
(e)'' and inserting ``subsection (g)''; and
(B) in paragraph (4)(A), by striking ``subsection
(e)'' and inserting ``subsection (g)''; and
(3) by inserting after subsection (d) the following:
``(e) Best Practices for Elementary and Secondary School Counselors
Training Grant.--
``(1) In general.--
``(A) Grant activities.--The Secretary shall award
grants, on a competitive basis, to institutions of
higher education or other entities that provide State-
recognized elementary and secondary school counseling
credentials (referred to in this subsection as
`grantees') to enable those grantees to--
``(i) consult with State boards or local
boards (as those terms are defined in section 3
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3102)) to assess local and regional
employment needs and trends;
``(ii) not later than 6 months after
receipt of the award, develop best practices
for training elementary and secondary school
counselors on career counseling based on those
trends;
``(iii) develop curricula, training
modules, or materials to train elementary and
secondary school counselors based on those best
practices; and
``(iv) not later than 12 months after
receipt of the award, start carrying out the
best practices described in clause (ii) using
the curricula, modules, or materials described
in clause (iii) at one or more counselor
training sites.
``(B) Best practices.--The best practices developed
through grants under this subsection shall aim to
improve--
``(i) elementary and secondary school
counselor awareness of both postsecondary
education and postsecondary career options,
including 2-year programs at institutions of
higher education, short-term credentials,
apprenticeship programs, and other skilled job
training programs that lead to in-demand
occupations;
``(ii) the ability of elementary and
secondary school counselors to communicate to
students the career opportunities and
employment trends identified under subparagraph
(A)(i); and
``(iii) the ability of elementary and
secondary school counselors to discuss a
comprehensive range of options for financing
postsecondary education that will minimize
student debt burden.
``(2) Evaluation of best practices.--
``(A) Annual analysis.--Beginning not later than 24
months after receiving a grant award under this
subsection, each grantee shall--
``(i) annually analyze the results of the
activities carried out under the grant,
including--
``(I) changes in the skills and
knowledge of school counselors
resulting from the grant program;
``(II) the number of students who
receive career counseling from
elementary and secondary school
counselors who received training that
was developed with assistance from the
grant program;
``(III) changes in the number of
students who enroll in postsecondary
programs discussed by those counselors;
and
``(IV) any other results, as
determined by the Secretary; and
``(ii) determine, using the results of that
analysis, the extent to which the best
practices developed with a grant under this
subsection are evidence-based.
``(B) Assessment.--Beginning not later than 4 years
after the award of a grant under this subsection, and
continuing annually for 5 additional years, each
grantee shall submit an assessment of the grant program
to the Secretary, which shall include--
``(i) a description of the best practices
that are determined to be evidenced-based in
accordance with subparagraph (A)(ii); and
``(ii) a description of the best practices
that are determined to require further review
in order to determine whether those practices
are evidence-based.
``(3) Dissemination of best practices.--Beginning not later
than 4 years after the award of a grant under this subsection,
and continuing annually for 5 additional years, the Secretary
shall--
``(A) post on the website of the Department and the
website of the Perkins Collaborative Resource Network
the best practices that are identified in an assessment
under subparagraph (B)(i); and
``(B) disseminate those best practices to States,
State boards and local boards, institutions of higher
education, local educational agencies, and other
entities, as determined by the Secretary.
``(f) National Analysis of State Policy for Counselor Training
Requirements.--The Comptroller General shall prepare and submit a
report on State elementary and secondary school counselor certification
and recertification requirements. The report shall discuss the impact
of those requirements on the availability of career counseling that
effectively informs elementary and secondary school students about
postsecondary options that lead to in-demand occupations and that
minimize student debt.''.
|
Supporting Useful Career Counseling in Elementary and Secondary Schools (SUCCESS) Act of 2018 This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to direct the Department of Education (ED) to award competitive grants to enable institutions of higher education or other entities that provide state-recognized elementary and secondary school counseling credentials to: consult with state or local boards to assess local and regional employment needs and trends; develop best practices for training school counselors to provide career counseling based on those trends; and implement curricula, training modules, or materials to train school counselors based on those best practices. ED shall publish and disseminate the best practices. The Government Accountability Office shall report on school counselor certification requirements and the impact of those requirements on the availability of effective career counseling.
|
{"src": "billsum_train", "title": "Supporting Useful Career Counseling in Elementary and Secondary Schools (SUCCESS) Act of 2018"}
| 1,187 | 201 | 0.615986 | 1.832865 | 0.825099 | 3.926667 | 7.36 | 0.886667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keeping Families Home Act of 2014''.
SEC. 2. DEED-FOR-LEASE PROGRAM.
(a) Establishment.--
(1) In general.--Each servicer shall establish a deed-for-
lease program (hereinafter referred to as the ``Program''),
which shall permit an eligible mortgagor to--
(A) enter into a deed in lieu of foreclosure
agreement;
(B) continue to occupy and lease the property that
is the subject of such agreement for a 1-year period
that begins on the date of such agreement; and
(C) have a right of first refusal to purchase such
property after the end of the 1-year lease period, if
the owner of the property intends to sell the property
at that time.
(2) Exception for small servicers.--The Program requirement
under paragraph (1) shall not apply to a small servicer, as
such term is defined by the Secretary of Housing and Urban
Development.
(b) Notice Requirement.--Servicers shall provide each eligible
mortgagor with information about the Program and how to apply to
participate in the Program.
(c) Lease Terms.--A lease entered into by an eligible mortgagor
under the Program shall--
(1) carry a monthly rent amount equal to the fair market
rent for such property, as determined by an independent private
appraiser hired by and paid by the servicer; and
(2) contain all typical lease provisions for similar rental
property.
(d) Application Process.--
(1) In general.--An eligible mortgagor may apply for the
Program at any time.
(2) Effect of foreclosure sale.--If there is a foreclosure
sale pending with respect to the property--
(A) the eligible mortgagor may only apply for the
Program before the date that is 7 days before the date
of such foreclosure sale; and
(B) once the eligible mortgagor applies for the
Program, the foreclosure sale shall be halted until
after the eligible mortgagor's Program application has
been evaluated.
(3) Contents of application.--
(A) In general.--In applying for the Program, an
eligible mortgagor shall provide the servicer with
proof of the following information:
(i) The eligible mortgagor is subject to a
financial hardship that makes the eligible
mortgagor unable to continue making timely
payments on the eligible mortgage loan.
(ii) The eligible mortgagor is eligible to
pay the monthly rent amount described under
subsection (c)(1) and such amount is no more
than 31 percent of the eligible mortgagor's
monthly income.
(iii) The eligible mortgagor currently
lives in the property and intends to continue
doing so during the 1-year lease term.
(B) Ability to pay higher percentage of income in
rent.--Notwithstanding subparagraph (A)(ii), if an
eligible mortgagor believes they are able pay the
monthly rent amount despite such amount exceeding 31
percent of the eligible mortgagor's monthly income, the
eligible mortgagor may request that the Department of
Housing and Urban Development review their information,
along with any contributing factors the eligible
mortgagor may have (such as a low debt burden) and, if
the Department notifies the eligible mortgagor that the
Department agrees that the eligible mortgagor is able
to pay a monthly rent amount that is equal to a
percentage of their monthly income that is higher than
31 percent, such higher percentage shall be used for
purposes of subparagraph (A)(ii).
(4) Effect of junior liens.--If an eligible mortgagor
applies for a Program with respect to a single family property
subject to a junior lien--
(A) if the servicer of the Program is also the
holder of the junior lien, the servicer shall release
the junior lien and, subject to the other requirements
of this section, the eligible mortgagor shall be
eligible to participate in the Program; and
(B) if the servicer of the Program is not the
holder of the junior lien, the servicer shall contact
such junior lien holder and request that the holder
release the lien, and--
(i) if the holder releases the lien, then,
subject to the other requirements of this
section, the eligible mortgagor shall be
eligible to participate in the Program; and
(ii) if the holder does not release the
lien, then the eligible mortgagor shall not be
eligible to participate in the Program.
(e) Evaluation and Notification.--
(1) Deadline for evaluation.--The servicer shall evaluate
the eligible mortgagor's application within 30 days of
receiving such application and shall accept an eligible
mortgagor into the Program if the eligible mortgagor has
provided the proof described under subsection (d)(3)(A).
(2) Notification.--Promptly after making a determination
under paragraph (1), the servicer shall notify the eligible
mortgagor of such determination in writing and, if the servicer
determines that the eligible mortgagor may not be accepted into
the Program, the servicer shall specifically explain in writing
why the eligible mortgage was not accepted.
(f) Subsequent Owners Follow Program Requirements.--Any subsequent
owner of the property being leased pursuant to the Program shall--
(1) maintain the Program and abide by the terms of the
Program to the same extent as the servicer of the eligible
mortgage; and
(2) certify to the Department of Housing and Urban
Development, before finalizing any purchase of the property,
that they will abide by the terms of the Program.
(g) Rulemaking; Compliance Evaluation.--The Department of Housing
and Urban Development shall--
(1) issue such regulations as may be necessary to carry out
this section;
(2) evaluate the compliance by servicers and owners with
the requirements of this section; and
(3) enforce the requirements of this section.
(h) Definitions.--For purposes of this section:
(1) Eligible mortgagor.--The term ``eligible mortgagor''
means a mortgagor under an eligible mortgage.
(2) Eligible mortgage.--The term ``eligible mortgage''
means a first or subordinate mortgage on a property that--
(A) is a single family property; and
(B) is currently being used as the principal
residence of the eligible mortgagor.
(3) Single family property.--The term ``single family
property'' means--
(A) a structure consisting of 1 to 4 dwelling
units;
(B) a dwelling unit in a multi-unit condominium
property together with an undivided interest in the
common areas and facilities serving the property;
(C) a dwelling unit in a multi-unit project for
which purchase of stock or a membership interest
entitles the purchaser to permanent occupancy of that
unit; or
(D) a manufactured housing unit.
|
Keeping Families Home Act of 2014 - Directs each mortgage servicer to establish a deed-for-lease program which shall permit an eligible mortgagor to: enter into a deed in lieu of foreclosure agreement; continue to occupy and lease the property that is the subject of the agreement for one year; and have a right of first refusal to purchase such property after the end of the one-year lease period, if the owner intends to sell the property at that time. Exempts small servicers from such requirement. Requires a lease to carry a monthly rent amount equal to the fair market rent for the property, as determined by an independent private appraiser hired by and paid by the servicer.
|
{"src": "billsum_train", "title": "Keeping Families Home Act of 2014"}
| 1,576 | 163 | 0.656474 | 1.931788 | 0.652827 | 5.06015 | 10.218045 | 0.93985 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nursing Home Residential Security
Act of 1999''.
SEC. 2. 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 (including those
residents who were not entitled to
medical assistance as of such day);
``(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) No application to new residents.--
This paragraph (other than subclause (III) of
clause (i)) 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) applies
to voluntary withdrawals from participation occurring on or after the
date of the enactment of this Act.
|
Nursing Home Residential Security Act of 1999 - Amends title XIX (Medicaid) of the Social Security Act to establish certain restrictions on transfers or discharges of nursing facility residents in the case of voluntary withdrawal from Medicaid participation.
|
{"src": "billsum_train", "title": "Nursing Home Residential Security Act of 1999"}
| 822 | 50 | 0.536443 | 1.231966 | 0.692943 | 4.780488 | 18.902439 | 0.878049 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``African Higher Education Expansion
and Improvement Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The demand for higher education in Africa has been
increasing at very high rates and is rapidly overtaking the
capacity of current infrastructure and staffing capability.
(2) Africa's challenges in higher education are substantial
and have important social, economic, and stability dimensions.
(3) Despite increasing enrollments, sub-Saharan Africa's
gross enrollment ration is just 5 percent as compared to 11
percent in India, 20 percent in China, and 70 percent in high
income countries.
(4) On average, institutions of higher education in Africa
have only about 70 percent of the staff required by their
programs; staff development, nurturing and retention are
important elements of higher education programming.
(5) In 2005, only 28 percent of African University
graduates completed their degrees in science and technology
(STEM) fields--agriculture, engineering, health sciences,
general sciences.
(6) African higher education institutions have addressed
many critical development challenges in collaboration with
regional and international counterparts, such as the United
Nations, the International Agricultural Research Centres, and
bilateral and regional assistance agencies.
(7) Higher education has expanded to provide more
opportunities for advanced education to graduates of the
secondary school systems and it has sought new ways to achieve
university collaboration across national and regional
boundaries.
(8) Africa has made important strides as public
universities have doubled from roughly 100 to 200 from 1990 to
2007 and private tertiary institutions have increased from
around 24 to an estimated 468 during this same period.
(9) Historically, sub-Saharan Africa was marked by several
centers of excellence in higher education. Linked to former
European sponsors, institutions such as Makerere University in
Uganda, Kenyatta University in Kenya, Cheik Anta Diop
University, Senegal, and the University of Ibadan in Nigeria
graduated scholars and professionals that were highly prized
around the globe and that served the interests of their
respective nations well.
(10) These universities serve as ``centres of excellence''
that also have major positive impacts on other universities in
their respective regions, and are currently making substantial
progress in regaining their national and international
prominence.
(11) Increasing rates of higher education in developing
countries is a critical component to long-term economic growth
and stability and poverty reduction.
(12) Estimates indicate that a 1-year increase in tertiary
education stock would raise steady-state levels of African
Gross Domestic Product per capita by 12.2 percent due to factor
inputs, potentially boosting incomes by 3 percent after 5
years.
(13) Studies of 17 countries found that individuals with
higher education levels were more likely to engage in
entrepreneurial activity, and more educated entrepreneurs
created larger numbers of jobs than less educated
entrepreneurs.
(14) Research has found a positive and statistically
significant correlation between higher education enrollment
rates and governance indicators, including absence of
corruption, higher stands of rule of law, absence of ethnic
tensions, increased bureaucratic quality, low risk of
repudiation of contracts by governments, and low risk of
appropriation abuse.
(15) A cadre of skilled, educated Africans is a necessary
component to addressing every sector of development, whether it
be poverty alleviation and economic growth, combating disease,
improving governance, or rule of law and human rights, but such
a cadre does not currently exist in large enough numbers to
truly effect a sea-change in these areas in most of the
countries in the region.
(16) Exchange programs which bring Africans to developed
countries for training, while an essential component of
building intellectual capacity in Africa, will not by
themselves reach enough students and scholars to have a
transformational effect on African institutions of higher
education.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) support for primary and secondary education is vitally
important to development in sub-Saharan Africa and such support
should be increased;
(2) the United States and other donors must respond to the
increased need for qualified teachers and demand for access to
higher education created by expanded access to primary and
secondary education on the continent by providing commensurate
assistance to colleges and universities in sub-Saharan Africa;
(3) partnerships between United States colleges and
universities and colleges and universities in sub-Saharan
Africa represent an important means through which access to
quality tertiary education;
(4) members of the African Diaspora have a crucial role to
play in improving the capacity of African colleges and
universities;
(5) the international donor community must help build
indigenous intellectual capacity in sub-Saharan Africa in order
to expand and enhance the ability of Africans to achieve
economic growth, improve social and political stability, and to
address such challenges as the HIV/AIDS pandemic, climate
change, conflict and governance; and
(6) the United States must commit to providing long-term
assistance to build the capacity of higher education
institutions in sub-Saharan Africa aimed at improving
administrative capacity, physical infrastructure and curriculum
to provide high quality education in fields such as the social,
natural, biological, agricultural, life, computer and health
sciences; technology; business; engineering; mathematics;
economics; and education; and improve the ability of
institutions in sub-Saharan Africa to support and produce
effective research, as well as higher numbers of better trained
undergraduate, graduate and post-graduate students and
professionals to respond to the many challenges facing the
region.
SEC. 4. STATEMENT OF POLICY.
It is the policy of the United States to provide long-term
assistance to expand, improve, support, and promote higher education in
Africa by building the capacity of African colleges and universities,
through partnerships with colleges and universities in the United
States to expand opportunities for students to obtain high quality
undergraduate- and graduate-level degrees, as well as post-graduate
training, at African colleges and universities.
SEC. 5. ASSISTANCE TO EXPAND AND IMPROVE HIGHER EDUCATION IN SUB-
SAHARAN AFRICA.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by inserting after section 105 the
following new section:
``SEC. 105A. ASSISTANCE TO EXPAND AND IMPROVE HIGHER EDUCATION IN SUB-
SAHARAN AFRICA.
``(a) Authorization.--The President, acting through the Director,
is authorized to provide long-term assistance to expand, improve,
support, and promote higher education in sub-Saharan Africa.
``(b) Activities Supported.--Assistance provided under subsection
(a) shall, to the maximum extent practicable, be used to--
``(1) build the capacity of sub-Saharan African colleges
and universities in the areas of--
``(A) professional and academic training and
faculty development and technical expertise with
particular emphasis on mentoring and retention of young
and new faculty;
``(B) development and strengthening of educational
administrative capacity;
``(C) undergraduate, graduate, and graduate
curricula development;
``(D) improving infrastructure of academic
facilities; and
``(E) technical capacity, especially in the areas
of research and institutional development;
``(2) establish, expand, and promote linkages and
partnerships between African colleges and universities and
United States colleges and universities, with special attention
to the inclusion of historically Black colleges and
universities in the United States;
``(3) assist with efforts to recruit and retain women as
students, faculty, and administrators at African colleges and
universities; and
``(4) establish an American University in West Africa.
``(c) Director of Assistance To Support and Promote Higher
Education in Sub-Saharan Africa.--
``(1) In general.--Not later than 60 days after the date of
the enactment of this section, the Administrator shall
designate a Director of Assistance to Support and Promote
Higher Education in Sub-Saharan Africa, who shall report
directly to the Administrator, and who shall to carry out the
responsibilities described in paragraph (2).
``(2) Responsibilities.--The responsibilities referred to
in paragraph (1) include--
``(A) ongoing consultations with African
governments, particularly ministries of education,
regional organizations, and relevant educational
institutions, teachers unions, and education and
educators' organizations with respect to carrying out
the activities described in subsection (b);
``(B) providing long-term assistance under
subsection (a) to administer and support the activities
described in subsection (b); and
``(C) coordinating with other bureaus with in the
Agency, with other relevant United States Government
agencies, with the United States and African private
sectors, with the higher education community in the
United States, and with other bilateral and
multilateral donors to maximize the gains and impact of
activities carried out under subsection (b)(1).
``(3) Plan.--No later than one year after the enactment of
this section, the Director shall submit to the Administrator a
plan to establish an American University in West Africa. In
developing the plan, the Director shall--
``(A) review existing international American
University models in other countries, such as the
American University in Cairo, the American University
in Beruit, the American University in Nigeria, and
others;
``(B) consult relevant local African
nongovernmental organizations, political and civic
leaders, private and higher education sectors, and
other stakeholders;
``(C) identify potential sources for sustainable
funding including foundations, the private sector, and
other local, national, and multilateral donors;
``(D) identify key principles and features that
would distinguish the American University in West
Africa from existing institutions in the region for
transforming the region's social and economic
development through institutional and capacity
building;
``(E) develop a process and criteria for site
selection, including an assessment of national legal
framework for new universities, whereupon the
institution shall be known as the American university
in country name; and
``(F) outline a process for implementation.
``(d) Sub-Saharan African Higher Education Advisory Board.--
``(1) Establishment.--There is hereby established within
the Agency a Sub-Saharan African Higher Education Advisory
Board.
``(2) Membership.--
``(A) Number and appointment.--The Board shall be
composed of members appointed by the Administrator in
consultation with the Speaker and the minority leader
of the House of Representatives and the majority and
minority leaders of the Senate.
``(B) Qualifications.--The members of the Board
shall be individuals from the private sector, three of
whom shall have demonstrable knowledge of Africa, the
field of higher education or higher education in
Africa, three of whom shall be from higher education
institutions from Africa from a list submitted by the
Association of African Universities, and one of whom
shall be a president of an historically Black college
or university in the United States.
``(3) Duties.--The Board shall--
``(A) advise and assist the Director in carrying
out the responsibilities described in this section;
``(B) not less than twice a year, meet with senior
officials of the Agency in order to fulfill the duty
described in subparagraph (A); and
``(C) once a year, submit to the Director and
Administrator a report, which shall be made publicly
available, which--
``(i) describes and evaluates the
implementation of this section for the
preceding year; and
``(ii) evaluates the implementation of this
section for the preceding year, including the
extent to which--
``(I) the requirement of subsection
(b)(2) with respect to participation of
historically Black colleges and
universities in the United States was
met; and
``(II) the requirement of
subsection (b)(3) was met.
``(e) Public Private Partnerships.--The Director and the Board
shall make every effort to leverage resources from the private sector
in carrying out the responsibilities described in this section.
``(f) Reports to Congress.--
``(1) Initial report.--Not later than 1 year after the date
of the enactment of this section, the President shall transmit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains--
``(A) benchmarks for measuring the long-term impact
of activities carried out under this section;
``(B) a proposal for enhancing opportunities for
the African Diaspora to engage in activities to improve
the capacity, on either an on-going or short-term
basis, of colleges and universities in their country of
origin; and
``(C) plans for specific interventions to support
the recruitment and retention of young and new
professors, scholars, and researchers at African
colleges and universities that identifies barriers to
their recruitment and retention and details
programmatic interventions undertaken to overcome such
barriers.
``(2) Annual report.--Not later than 1 year after the date
of transmission of the initial report under paragraph (1), and
every year thereafter through fiscal year 2014, the President
shall transmit to the congressional committees specified in
paragraph (1) a report that contains a description of the
activities carried out under this section for the preceding
fiscal year and the progress made toward achieving the
benchmarks outlined in the initial report, and any program
adjustments undertaken to improve efforts to achieve those
benchmarks.
``(g) Definitions.--In this section--
``(1) the term `Administrator' means the Administrator of
the Agency;
``(2) the term `Agency' means the United States Agency for
International Development;
``(3) the term `Board' means the Sub-Saharan African Higher
Education Advisory Board established pursuant to subsection
(d);
``(4) the term `Director' means the Director of Assistance
to Support and Promote Higher Education in Sub-Saharan Africa
designated pursuant to subsection (c); and
``(5) the term `higher education' means post-secondary
undergraduate, graduate, and postgraduate academic training.
``(h) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the President such sums as
may be necessary for each of the fiscal years 2010 through 2014. Of the
amount appropriated pursuant to the authorization of appropriations
under this subsection for a fiscal year, such sums as may be necessary
are authorized to be provided for planning the Africa University in
West Africa and such sums as may be necessary for initial start up of
the University.''.
|
African Higher Education Expansion and Improvement Act of 2009 - Expresses the sense of Congress regarding the importance to the development of sub-Saharan Africa of support for the improvement of primary, secondary, and higher education in that region.
States that it is this country's policy to provide Africa with long-term assistance to improve the capacity of its institutions of higher education (IHEs) through partnerships with our IHEs.
Amends the Foreign Assistance Act of 1961 to authorize the President to provide long-term assistance to sub-Saharan Africa that improves higher education by: (1) building the capacity of IHEs in sub-Saharan Africa; (2) building linkages and partnerships between sub-Saharan IHEs and our IHEs; (3) assisting efforts to recruit and retain women as students, faculty, and administrators; and (4) establishing an American University in West Africa.
Requires the Administrator of the U.S. Agency for International Development (USAID) to designate a Director of Assistance to Support and Promote Higher Education in Sub-Saharan Africa, who is to carry out such activities.
Establishes a Sub-Saharan African Higher Education Advisory Board within USAID, which is appointed by the Administrator and composed of individuals from the private sector who have the requisite experience with Africa and higher education to assist the Director.
Urges the Director and the Board to make every effort to leverage resources from the private sector in carrying out their responsibilities.
|
{"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to provide assistance to expand, improve, support, and promote higher education in the countries of sub-Saharan Africa."}
| 3,134 | 321 | 0.472495 | 1.566414 | 0.775772 | 3.727273 | 11.214545 | 0.912727 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting American Jobs Act''.
SEC. 2. AMENDMENTS TO THE NATIONAL LABOR RELATIONS ACT.
(a) Duties of the General Counsel and Administrative Law Judges.--
The National Labor Relations Act (29 U.S.C. 151 et seq.) is amended--
(1) in section 3(d) (29 U.S.C. 153(d)), by striking
``investigation of charges and issuance of complaints under
section 10, and in respect of the prosecution of such
complaints before the Board'' and inserting ``investigation of
allegations under section 10''; and
(2) in section 4(a) (29 U.S.C. 154(a)), by striking the
fourth sentence.
(b) Clarification of the Board's Rulemaking Authority.--Section 6
of such Act (29 U.S.C. 156) is amended by adding at the end the
following: ``Such rulemaking authority shall be limited to rules
concerning the internal functions of the Board. The Board shall not
promulgate rules or regulations that affect the substantive or
procedural rights of any person, employer, employee, or labor
organization, including rules and regulations concerning unfair labor
practices and representation elections.''.
(c) Investigatory Power and Adjudicatory Authority Over Unfair
Labor Practice Allegations.--Section 10 of such Act (29 U.S.C. 160) is
amended--
(1) in subsection (a)--
(A) by striking ``prevent any person from engaging
in'' and inserting ``investigate''; and
(B) by striking ``This power shall'' and all that
follows through the end of the subsection;
(2) in subsection (b)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``or is engaging in'' and inserting
``, is engaging in, or is about to engage in'';
(C) by striking ``the Board, or any agent'' and all
that follows through ``Provided, That no complaint
shall issue'' and inserting ``the aggrieved person may
bring a civil action for such relief (including an
injunction) as may be appropriate. Any such civil
action may be brought in the district court of the
United States where the violation occurred, or, at the
option of the parties, in the United States District
Court for the District of Columbia. No civil action may
be brought'';
(D) by striking ``charge with the Board'' and all
that follows through ``prevented from filing such
charge'' and inserting ``civil action, unless the
person aggrieved thereby was prevented from filing such
civil action''; and
(E) by striking ``Any such complaint may be
amended'' and all that follows through ``Any such
proceeding shall, so far as practicable,'' and
inserting ``Any proceeding under this subsection
shall'';
(3) by striking subsections (c) through (k);
(4) by redesignating subsections (l) and (m) as subsections
(c) and (d), respectively;
(5) in subsection (c) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) in the first sentence, by striking ``charge''
and inserting ``allegation''; and
(C) by striking ``such charge is true and that a
complaint should issue, he shall'' and all that follows
through the end of the subsection and inserting ``such
allegation is true, the officer or regional attorney
shall, on behalf of the Board, submit a written summary
of the findings to all parties involved in the alleged
unfair labor practice.''; and
(6) in subsection (d) (as so redesignated)--
(A) by striking ``Whenever it is charged'' and
inserting ``Whenever it is alleged'';
(B) by striking ``such charge'' and inserting
``such allegation''; and
(C) by striking ``and cases given priority under
subsection (i)''.
(d) Conforming Amendments.--The National Labor Relations Act (29
U.S.C. 151 et seq.) is amended--
(1) in section 9 (29 U.S.C. 159)--
(A) in subsection (c)(2), by striking ``and in no
case shall the Board'' and all that follows through the
end of such subsection and inserting a period;
(B) by striking subsection (d); and
(C) by redesignating subsection (e) as subsection
(d);
(2) in section 3(b) (29 U.S.C. 153(b)), by striking ``or
(e) of section 9'' and inserting ``or (d) of section 9'';
(3) in section 8 (29 U.S.C. 158), by striking ``9(e)'' each
place it appears and inserting ``9(d)''; and
(4) in section 18 (29 U.S.C. 168), by striking ``section 10
(e) or (f)'' and inserting ``subsection (e) or (f) of section
10, as such subsections were in effect on the day before the
date of enactment of the Protecting American Jobs Act,''.
SEC. 3. REGULATIONS.
Not later than 6 months after the date of enactment of this Act,
the National Labor Relations Board shall review all regulations
promulgated before such date of enactment and revise or rescind any
such regulations as necessary to implement the amendment made by
section 2(b).
|
Protecting American Jobs Act This bill amends the National Labor Relations Act, with respect to the authority of the National Labor Relations Board, to: repeal the authority of the General Counsel ofthe board, to issue, and prosecute before the board, complaints of unfair labor practices; limit the board's rulemaking authority to rules concerning the internal functions of the board; prohibit the board from promulgating regulations affecting the substantive or procedural rights of any person, employer, employee, or labor organization, including rules concerning unfair labor practices and representation elections; repeal the board's authority to prevent persons from engaging in unfair labor practices, limiting such authority to the investigation of allegations of such practices; and repeal the board's authority to petition courts for enforcement of its orders, seek injunctions, or hold hearings on jurisdictional strikes.
|
{"src": "billsum_train", "title": "Protecting American Jobs Act"}
| 1,331 | 174 | 0.559352 | 1.545774 | 0.836488 | 2.819876 | 7.254658 | 0.807453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Forest Youth Conservation
Corps Act of 2004''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the natural fire regimes of forested public land have
been altered by intensive fire suppression;
(2) fire suppression has led to increased risk of
unnaturally severe wildfires that in recent years have
destroyed thousands of homes, devastated agricultural crops and
livestock, reduced biodiversity, and scorched thousands of
areas of soil and natural resources;
(3) catastrophic wildfires pose a particular threat to
communities and wildlife living close to forested wildland,
known as the ``wildland-urban interface'';
(4) each year millions of public dollars are spent to fight
severe wildfires and protect communities where municipal water
supplies, human lives, and property are threatened;
(5) cooperative agreements between public agencies empower
communities and are cost-effective tools that provide positive
social and environmental benefits;
(6) cooperative agreements should be encouraged to prevent
unnaturally severe fires, rehabilitate public land affected or
altered by fires, and enhance and maintain environmentally
important land and water; and
(7) joint collaborations between the public agencies and
service and conservation corps are particularly beneficial, as
the collaborations provide--
(A) young adults the opportunity to prepare for
productive lives while engaged in meaningful and
educational public service opportunities; and
(B) the public with cost-saving human resources to
assist in conserving, maintaining, and protecting
public land.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to allow service and conservation corps to contract
directly with public land management agencies to perform
rehabilitation and enhancement projects to prevent fire,
rehabilitate public land affected or altered by fires, and
suppress fires, and provide disaster relief;
(2) to offer young adults, ages 16 through 25, particularly
those who are at-risk or economically disadvantaged, the
opportunity to gain productive employment;
(3) to provide those young adults the opportunity to serve
their communities and their country; and
(4) to expand educational opportunities by rewarding
individuals who participate in the Healthy Forest Youth
Conservation Corps with an increased ability to pursue higher
education or employment.
SEC. 4. HEALTHY FOREST YOUTH CONSERVATION CORPS.
(a) Establishment.--There is established a Healthy Forest Youth
Conservation Corps.
(b) Participants.--The Corps shall consist of low-income young
adults who are enrolled as members of a service and conservation corps.
(c) Contracts or Agreements.--The Secretary may enter into
contracts or cooperative agreements directly with--
(1) any service and conservation corps to carry out
rehabilitation and enhancement projects to prevent fire and
suppress fires, rehabilitate public land affected or altered by
fires, and provide disaster relief; or
(2) a department of natural resources, agriculture, or
forestry (or an equivalent department) of any State that has
entered into a contract or cooperative agreement with a service
and conservation corps to carry out a project described in
paragraph (1).
(d) Projects.--
(1) In general.--The Secretary may enter into contracts or
cooperative agreements with service and conservation corps to
carry out rehabilitation and enhancement projects to prevent
fire and suppress fires, rehabilitate public land affected or
altered by fires, and provide disaster relief, including--
(A) a project relating to the National Fire Plan;
(B) a project relating to the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6501 et seq.); and
(C) other activities allowed under--
(i) a national forest and grassland land
management plan; or
(ii) a Bureau of Land Management land use
plan.
(2) Priority.--In entering into contractual or cooperative
agreements with service and conservation corps under paragraph
(1), each Secretary shall give priority to projects that will--
(A) reduce hazardous fuels on public land;
(B) restore public land affected or imminently
threatened by disease or insect infestation;
(C) rehabilitate public land affected or altered by
fires;
(D) assess windthrown public land or public land at
high risk of reburn;
(E) work to address public land located within
relative proximity to a municipal watershed and
municipal water supply;
(F) provide related emergency assistance, such as
natural disaster relief and the rescue of lost or
injured persons;
(G) instill in members of the service and
conservation corps a work ethic, and a sense of
personal responsibility;
(H) be labor-intensive; and
(I) be planned and initiated promptly.
(e) Supportive Services.--Each Secretary may provide such services
as the Secretary considers to be necessary to carry out this Act.
(f) Technical Assistance.--To carry out this Act, the Secretaries
shall provide technical assistance, oversight, monitoring, and
evaluation to or for--
(1) State departments of natural resources and agriculture
(or equivalent agencies);
(2) service and conservation corps;
(3) in the case of Indian lands, the applicable Indian
tribe;
(4) in the case of Hawaiian home lands, the applicable
State agency in the State of Hawaii; and
(5) in the case of land under the jurisdiction of an Alaska
Native Corporation, the applicable Alaska Native Corporation.
SEC. 5. USE OF FUNDS.
Funds made available under this Act may be used to support
implementation, monitoring, training, technical assistance, and
administrative work of local and State conservation corps that have
entered into cooperative agreements with public land management
agencies.
SEC. 6. NONCOMPETITIVE HIRING STATUS.
Each Secretary may grant credit for time served toward future
Federal hiring, and provide noncompetitive hiring status, for former
members of the Corps for not more than 120 days after service is
complete.
SEC. 7. NONDISPLACEMENT.
The nondisplacement requirements of section 177(b) of the National
and Community Service Act of 1990 (42 U.S.C. 12637(b)) shall apply to
activities carried out by the Corps under this Act.
SEC. 8. DEFINITIONS.
In this Act:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' means a Regional Corporation or Village
Corporation, as those terms are defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(2) Corps.--The term ``Corps'' means the Healthy Forest
Youth Conservation Corps established under section 4.
(3) Hawaiian home lands.--The term ``Hawaiian home lands''
has the meaning given the term in section 203 of Public Law 91-
378 (commonly known as the ``Youth Conservation Corps Act of
1970'') (16 U.S.C. 1722).
(4) Indian lands.--The term ``Indian lands'' has the
meaning given the term in section 203 of Public Law 91-378
(commonly known as the ``Youth Conservation Corps Act of
1970'') (16 U.S.C. 1722).
(5) Public land.--The term ``public land'' means--
(A) land of the National Forest System (as defined
in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)))
administered by the Secretary of Agriculture, acting
through the Chief of the Forest Service;
(B) public lands (as defined in section 103 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1702)), the surfaces of which are administered
by the Secretary of the Interior, acting through the
Director of the Bureau of Land Management;
(C) public lands, the surfaces of which are
administered by the Secretary of the Interior, acting
through the Director of the United States Fish and
Wildlife Service;
(D) land owned by a State or local agency;
(E) Indian lands, with the approval of the
applicable Indian tribe;
(F) Hawaiian home lands, with the approval of the
applicable State agency in the State of Hawaii; and
(G) land under the jurisdiction of an Alaska Native
Corporation, with the approval of the applicable Alaska
Native Corporation.
(6) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, with respect to
land of the National Forest System described in
paragraph (5)(A);
(B) the Secretary of the Interior, with respect to
public lands described in paragraph (5)(B); and
(C) the Secretary of Agriculture and the Secretary
of the Interior jointly, with respect to land owned by
a State or local agency described in paragraph (5)(C).
(7) Service and conservation corps.--The term ``service and
conservation corps'' means any organization established by a
State or local government, nonprofit organization, or Indian
tribe that--
(A) has a research-validated demonstrable
capability to provide productive work to individuals;
(B) gives participants a combination of work
experience, basic and life skills, education, training,
and support services; and
(C) provides participants with the opportunity to
develop citizenship values through service to their
communities and the United States.
(8) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(9) Young adults.--The term ``young adults'' means
individuals between 16 and 25 years of age.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$25,000,000 for each of fiscal years 2005 through 2009.
|
Healthy Forest Youth Conservation Corps Act of 2004 - Establishes A Healthy Forest Youth Conservation Corps to be comprised of low-income young adults between the ages of 16 and 25 to work on projects to prevent fire and suppress fires, and provide disaster relief on public land. Authorizes the Secretary of Agriculture and the Secretary of the Interior to enter into contracts or cooperative agreements directly with any service and conservation corps or State department of natural resources, agriculture, or forestry to carry out projects to prevent fire and suppress fires, rehabilitate public land affected or altered by fires, and provide disaster relief.
Directs the Secretaries to give priority to certain projects, including projects that will: (1) reduce hazardous fuels on public lands; (2) restore public land affected or threatened by disease or insect infestation; (3) rehabilitate public land affected or altered by fires; (4) assess public land at a high risk of reburn; and (5) address public land located near a municipal watershed and water supply.
|
{"src": "billsum_train", "title": "A bill to permit young adults to perform projects to prevent fire and suppress fires, and provide disaster relief, on public land through a Healthy Forest Youth Conservation Corps."}
| 2,148 | 213 | 0.658678 | 1.841398 | 0.920111 | 4.360825 | 10.551546 | 0.958763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Save My Home Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) there exists a need for decent, safe, and affordable
housing throughout the United States for low-income families;
(2) affordable housing is critical to the physical and
emotional well-being of low-income families, especially
vulnerable populations such as the elderly and persons with
disabilities;
(3) an unprecedented number of contracts for section 8
contracts are expiring over the next few years, including
contracts covering 2,384,000 units in fiscal year 2000 alone;
(4) a substantial number of housing units receiving
project-based assistance have rents that are lower than the
rents of comparable, unassisted rental units in the same
housing rental market;
(5) many of the residents in federally assisted housing are
elderly or persons with disabilities;
(6) the elderly are especially vulnerable to displacement
trauma, which can lead to emotional problems and death;
(7) due to the down sizing of the Department of Housing and
Urban Development and diminished administrative capacity, the
Department lacks the ability to effectively appraise the market
value of properties;
(8) during 1998 alone, some 219 properties with over 25,000
units opted out of renewing their section 8 contracts,
resulting in the loss of this housing as affordable, low-income
housing;
(9) currently some 3,000 section 8 project-based units are
being lost each month as affordable housing because owners of
section 8 project-based housing choosing to prepay or opt-out
upon the expiration of their section 8 contracts;
(10) a significant number of these section 8 project-based
housing projects for which owners have elected to opt-out and
not renew their section 8 contracts are located in areas where
the availability of affordable housing is scarce;
(11) in many of the cases where residents have been
provided vouchers because the owners of section 8 project-based
housing elected not to renew their section 8 contracts, the
residents have not been able to adequately use their vouchers
to obtain housing because of the lack of available, affordable
housing;
(12) it is expected that--
(A) if no changes in the terms and conditions of
the section 8 contracts for project-based assistance
are made before the contracts expire, more private
owners will elect to not renew their contracts; and
(B) of those properties with respect to which the
owners do not renew their section 8 contracts, many of
the properties will no longer be affordable to its
current assisted residents due to significant rent
increases and, since many of the residents have little
or no means to pay the additional rent for these units
from personal income, these residents will be
effectively forced to move from their homes;
(13) the Department of Housing and Urban Development has
had the authority to renew expiring section 8 project-based
contracts up to comparable market rent levels since October 27,
1997, and has failed to implement any policy for renewing these
contracts, resulting in the unnecessary loss of many of these
housing units as affordable, low-income housing and the
displacement of many vulnerable low-income families, including
the elderly and persons with disabilities;
(14) the Department of Housing and Urban Development has
adequate funds in the Housing Certificate account to renew all
expiring section 8 project-based contracts at market rental
rates but has failed to make these funds available to preserve
this housing as affordable, low-income housing; and
(15) the Department of Housing and Urban Development should
use all appropriate means to preserve housing assisted with
section 8 project-based contracts as affordable, low-income
housing.
(b) Purpose.--The purpose of this Act is to protect vulnerable
residents of affordable housing, especially the elderly, persons with
disabilities, and those with large families--
(1) to the extent feasible and appropriate, by ensuring
that the Department of Housing and Urban Development renew
expiring section 8 project-based contracts, and allowing low-
income families to live in their homes without fear of
unreasonable displacement;
(2) by ensuring that the Department of Housing and Urban
Development has done everything in its power to ensure that
housing with expiring section 8 project-based contracts are
renewed, especially those in rural areas and in other areas
with low vacancy rates; and
(3) after the Department of Housing and Urban Development
has exhausted all means to ensure that housing with expiring
section 8 contracts are renewed, by providing flexible rental
assistance, including enhanced vouchers, to ensure that vulnerable
populations are not forced to move from their homes when rent levels
rise to unaffordable levels due to the opt-out of owners who elect to
not renew their expiring section 8 project-based contracts.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Assisted dwelling unit.--The term ``assisted dwelling
unit'' means a dwelling unit that--
(A) is in a covered project; and
(B) is covered by rental assistance provided under
the contract for project-based assistance for the
covered project.
(2) Covered project.--The term ``covered project'' means
any housing that--
(A) consists of more than 4 dwelling units;
(B) is covered in whole or in part by a contract
for project-based assistance under--
(i) the new construction or substantial
rehabilitation program under section 8(b)(2) of
the United States Housing Act of 1937 (42
U.S.C. 1437f(b)) (as in effect before October
1, 1983);
(ii) the property disposition program under
section 8(b) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(b));
(iii) the moderate rehabilitation program
under section 8(e)(2) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(e)(2)) (as
in effect before October 1, 1991);
(iv) the loan management assistance program
under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f);
(v) section 23 of the United States Housing
Act of 1937 (42 U.S.C. 1437u) (as in effect
before January 1, 1975);
(vi) the rent supplement program under
section 101 of the Housing and Urban
Development Act of 1965; or
(vii) section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f),
following conversion from assistance under
section 101 of the Housing and Urban
Development Act of 1965,
which contract will (under its own terms) expire during
the period consisting of fiscal years 2000 through
2004; and
(C) is not housing for which residents are eligible
for enhanced voucher assistance as provided under the
``Preserving Existing Housing Investment'' account in
the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies
Appropriations Act, 1997 (Public Law 104-204; 110 Stat.
2884), pursuant to such provision or any other
subsequently enacted provision of law.
(3) Covered resident.--The term ``covered resident'' means
a family who--
(A) is a low-income family as provided under
section 3(b)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437a(b)(2)); and
(B) upon the date of the expiration of the contract
for project-based assistance for a covered project, is
residing in an assisted dwelling unit in the covered
project.
(4) Low-vacancy area.--The term ``low-vacancy area'' means
an area that, in the determination of the Secretary, is not
adequate available and affordable housing or that the tenants
of the covered project would not be able to locate suitable
units or that the tenants of the covered project would not be
able to use tenant-based assistance successfully.
(5) Project-based assistance.--The term ``project-based
assistance'' has the same meaning as in section 8(f) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(f)).
(6) Tenant-based assistance.--The term ``tenant-based
assistance'' has the same meaning as in section 8(f) of the
United States Housing Act of 1937 (42 U.S.C. 1437f(f)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 4. RENEWAL OF SECTION 8 PROJECT-BASED CONTRACTS.
(a) In General.--Notwithstanding any other provision of law and
except as provided in subsection (b) of this section, the Secretary may
use amounts available for the renewal of assistance under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f), upon the
termination or expiration of a contract for assistance under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) (other than
a contract for tenant-based assistance and, notwithstanding section
8(v) of such Act, for loan management assistance), to provide
assistance under section 8 of such Act for a covered project under this
Act at rent levels that do not exceed comparable market rents for the
market area.
(b) Mandatory Renewals.--The Secretary shall offer to renew, at up
to rent levels that do not exceed comparable market rents for the
market area, any contract for assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) (other than a contract for
tenant-based assistance and, notwithstanding section 8(v) of such Act,
for loan management assistance) that has expired for any covered
project--
(1) in a low-vacancy area; or
(2) where a predominant number of units are occupied by
elderly families, disabled families, or elderly and disabled
families.
(c) Establishment of Market Rents.--The Secretary shall establish,
for units assisted with project-based assistance in a covered project,
adjusted rent levels that are equivalent to rents based on appraisals
that are derived from comparable properties, if the market rent
determination is based on not less than 2 comparable properties,
including, if there are no comparable properties in the same market
area, 2 properties that have been certified by the Secretary as similar
to the covered properties as to neighborhood (including risk of crime),
type of location, access, street appeal, age, property size, apartment
mix, physical configuration, property and unit amenities, utilities,
and other relevant characteristics, provided that the comparable
projects are not receiving project-based assistance.
(d) Subsidy Layering Requirements.--For purposes of this Act, in
determining the market rent for renewing any contract for assistance
under section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) (other than a contract for tenant-based assistance and,
notwithstanding section 8(v) of such Act, for loan management
assistance), the Secretary shall ensure that any assistance provided
within the jurisdiction of the Housing and Urban Development shall not
be greater than is necessary to provide affordable housing.
(e) 10-Year Contracts.--Notwithstanding any other provision of law,
the Secretary and owner of any covered project may agree to up to a 10-
year renewal of a contract for assistance under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) (other than a contract for
tenant-based assistance and, notwithstanding section 8(v) of such Act,
for loan management assistance) under which payments shall be subject
to the annual availability of appropriations.
SEC. 5. ENHANCED VOUCHERS FOR RESIDENTS OF PROJECTS WITH EXPIRING
SECTION 8 CONTRACTS.
(a) In General.--Upon the date of expiration of a contract for
assistance under section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f) (other than a contract for tenant-based assistance and,
notwithstanding section 8(v) of such Act, for loan management
assistance) for a covered project that is not renewed under section 4,
the Secretary--
(1) shall make enhanced voucher assistance under this
section available on behalf of each covered resident of a
covered project that is located in a low-vacancy area; and
(2) may make enhanced voucher assistance available on
behalf of any other low-income family who, upon the date of
such expiration, is residing in an assisted dwelling unit in a
covered project.
(b) Enhanced Assistance.--Enhanced voucher assistance under this
section for a family shall be voucher assistance under section 8(o) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) (42 U.S.C.
1437f(o)), except that under such enhanced voucher assistance--
(1) if the assisted family elects to remain in the covered
project in which the family was residing on the date of the
expiration of such contract and the rent for such unit exceeds
the applicable payment standard established pursuant to section
8(o) for the unit, the amount of the rental assistance provided
on behalf of family shall be determined using the payment
standard that is equal to the rent for the dwelling unit,
subject to paragraph (10)(A) of such section 8(o); and
(2) if the assisted family elects to move from such covered
project, subparagraph (A) of this paragraph shall not apply and
the payment standard for the dwelling unit occupied by the
family shall be determined in accordance with section 8(o).
(c) Authorization of Appropriations.--There is authorized to be
appropriated for each of fiscal years 2000, 2001, 2002, 2003, and 2004
such sums as may be necessary to carry out this section.
SEC. 6. APPRAISALS.
(a) Use of Appraisals.--The appraisals used to establish market
rents under section 4(c) shall--
(1) meet the standards and procedures of the Uniform
Standards of Professional Appraisal Practice as published by
the Appraisal Standards Board of the Appraisal Standards
Foundation, as modified by the Secretary of Housing and Urban
Development; and
(2) be performed by individuals who have demonstrated
competence and whose professional conduct is subject to
effective supervision.
(b) Appraisal Clearinghouse.--In conjunction with the Appraisal
Standards Foundation, the Secretary shall establish an Appraisal
Clearinghouse, which shall be used to collect appraisal data and to
develop model appraisal standards for use to establish the market value
of multifamily housing, including covered projects, throughout the
United States, including rural areas with multifamily housing that have
no comparable housing in the same area.
SEC. 7. STAFFING REQUIREMENTS.
The Secretary shall assign not less than 1 staff person to each
Department of Housing and Urban Development Field Office that shall be
responsible for evaluating the appraisals for the covered projects
within the State. Each staff person shall have demonstrated competence
to make appraisals and shall meet all licensing and certification
requirements, as provided under applicable Federal or State law.
SEC. 8. HOUSING FINANCE AGENCIES.
The Secretary may contract with State or local housing finance
agencies that have been selected as a Participating Administrative
Entity under the Multifamily Assisted Housing Reform and Affordability
Act of 1997 for determining the market rental rates of a covered
project.
SEC. 9. TECHNICAL ASSISTANCE.
Section 514(f)(3) of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 is amended by inserting after ``the capacity
of tenant organizations'', the following: ``for technical assistance
for preserving properties whose owners may not renew their section 8
project-based contracts where the rental assistance is below market
(including transfer of developments to tenant groups, nonprofit
organizations, and public entities)''.
SEC. 10. TRANSFER OF COVERED PROJECTS TO NONPROFIT ORGANIZATIONS.
For covered projects with contracts for assistance under section 8
of the United States Housing Act of 1937 (42 U.S.C. 1437f) (other than
a contract for tenant-based assistance and, notwithstanding section
8(v) of such Act, for loan management assistance) that are not renewed
under section 4, the Secretary shall establish procedures to facilitate
the voluntary sale or transfer of those covered projects, with a
preference for tenant organizations, for tenant-endorsed, community-
based nonprofit organizations, and for public agency purchasers meeting
such reasonable qualifications as may be established by the Secretary.
SEC. 11. REPORTS TO CONGRESS.
Not later than 1 year after the date of enactment of this Act and
semiannually thereafter, the Secretary shall report, by State, to
Congress on the number of section 8 assisted units that have renewed,
the number of section 8 assisted units that have not been renewed, and
the costs associated with these activities.
SEC. 12. REGULATIONS.
Not later than 6 months after the date of enactment of this Act,
the Secretary shall issue regulations to carry out this Act.
|
Save My Home Act of 1999 - Authorizes the Secretary of Housing and Urban Development to renew project-based rental housing contracts under section 8 of the United States Housing Act of 1937 at up to market levels.
Directs the Secretary to: (1) offer to renew expired section 8 contracts at up to market levels in low-vacancy areas or areas with concentrations of elderly or disabled families; and (2) establish certain market rents.
Authorizes ten-year section 8 contract renewals.
(Sec. 5) Directs the Secretary to make enhanced voucher assistance (as defined by this Act) available for residents of projects with certain expiring section 8 contracts in low-vacancy areas, and authorizes such assistance for other covered low-income residents. Authorizes appropriations.
(Sec. 6) Sets forth market value rent appraisal requirements. Directs the Secretary to establish an Appraisal Clearinghouse to collect data and develop model appraisal standards.
(Sec. 7) Establishes appraisal-related staffing requirements.
(Sec. 8) Authorizes the Secretary to contract with State or local housing finance agencies to perform market rental rate determinations.
(Sec. 10) Authorizes the Secretary to transfer specified nonrenewed section 8 projects to nonprofit organizations (with preference for tenant organizations).
|
{"src": "billsum_train", "title": "Save My Home Act of 1999"}
| 3,681 | 277 | 0.560288 | 1.74894 | 0.768056 | 2.646091 | 14.119342 | 0.901235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Youth Coordination Act''.
SEC. 2. ESTABLISHMENT AND MEMBERSHIP.
(a) Members and Terms.--There is established the Federal Youth
Development Council (in this Act referred to as the ``Council'')
composed of members as follows:
(1) The Attorney General, the Secretary of Agriculture, the
Secretary of Labor, the Secretary of Health and Human Services,
Secretary of Housing and Urban Development, the Secretary of
Education, the Secretary of the Interior, the Secretary of
Commerce, the Secretary of Defense, the Secretary of Homeland
Security, the Director of National Drug Control Policy, the
Director of the Office of Management and Budget, the Assistant
to the President for Domestic Policy, the Director of the
U.S.A. Freedom Corps, the Deputy Assistant to the President and
Director of the Office of Faith-Based and Community
Initiatives, and the Chief Executive Officer of the Corporation
for National and Community Service, or a designee of each such
individual who holds significant decision-making authority, and
other Federal officials as directed by the President, to serve
for the life of the Council.
(2) Any additional members as the President shall appoint
from among representatives of faith-based organizations,
community based organizations, child and youth focused
foundations, universities, non-profit organizations, youth
service providers, State and local government, and youth in
disadvantaged situations. In making the appointments under this
paragraph, the President shall consult with the Speaker of the
House of Representatives, who shall take into account the
recommendations of the Majority Leader and the Minority Leader
of the House of Representatives, and the president pro tempore
of the Senate, who shall take into account the recommendations
of the Majority Leader and the minority Leader of the Senate.
Each member appointed under this paragraph shall serve for 1
term of 2 years.
(b) Chairperson.--The Chairperson of the Council shall be the
Secretary of Health and Human Services.
(c) Meetings.--The Council shall meet at the call of the
Chairperson, not less frequently than 4 times each year. The first
meeting shall be not less than 4 months after the date of enactment of
this Act.
SEC. 3. DUTIES OF THE COUNCIL.
(a) The duties of the Council shall be--
(1) to ensure communication among agencies administering
programs designed to serve youth, especially those in
disadvantaged situations;
(2) to assess the needs of youth, especially those in
disadvantaged situations, and those who work with youth, and
the quantity and quality of Federal programs offering services,
supports, and opportunities to help youth in their educational,
social, emotional, physical, vocational, and civic development;
(3) to recommend objectives and quantifiable 5-year goals
for such programs;
(4) to make recommendations for the allocation of resources
in support of such goals and objectives;
(5) to identify areas of overlap or duplication in purpose
and operation of programs serving youth and recommend ways to
better facilitate coordination and consultation, improve
efficiency, and streamline such programs;
(6) to identify target populations of youth who are
disproportionately at risk and assist agencies in focusing
additional resources on them;
(7) to develop a recommended plan, including common
indicators of youth well-being, and assist agencies, at the
request of 1 or more agency, in coordinating to achieve such
goals and objectives;
(8) to assist Federal agencies, at the request of 1 or more
such agency, in collaborating on model programs and
demonstration projects focusing on special populations,
including youth in foster care, migrant youth, projects to
promote parental involvement, and projects that work to involve
young people in service programs;
(9) to solicit and document ongoing input and
recommendations from--
(A) youth, especially those in disadvantaged
situations;
(B) national youth development experts,
researchers, parents, faith and community-based
organizations, foundations, business leaders, youth
service providers, and teachers; and
(C) State and local government agencies,
particularly agencies serving children and youth; and
(10) to work with Federal agencies to conduct high-quality
research and evaluation, identify and replicate model programs
and best practices, provide technical assistance, and
coordinate the collection and dissemination of youth services-
related data and research.
(b) The Council may provide technical assistance to a State at the
request of a State to support State-funded councils for coordinating
State youth efforts.
SEC. 4. ASSISTANCE OF STAFF.
(a) Director.--The Chairperson, in consultation with the Council,
shall employ and set the rate of pay for a Director.
(b) Staff of Federal Agencies.--Upon request of the Council, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the Council
to assist it in carrying out its duties under this Act.
SEC. 5. POWERS OF THE COUNCIL.
(a) Mails.--The Council may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
(b) Administrative Support Services.--Upon the request of the
Council, the Administrator of General Services shall provide to the
Council, on a reimbursable basis, the administrative support services
necessary for the Council to carry out its responsibilities under this
Act.
SEC. 6. REPORT.
Not later than 1 year after the Council holds its first meeting,
the Council shall transmit to Congress an interim report of its
findings, and not later than 2 years after the Council holds its first
meeting, the Council shall transmit to Congress a final report
including its findings and recommendations. The report shall--
(1) include a comprehensive list of recent research and
statistical reporting by various Federal agencies on the
overall well-being of youth, including the ratings of the
Program Assessment Ratings Tool (PART) of Federal programs
serving youth used by the Office of Management and Budget, if
applicable;
(2) include the assessment of the needs of youth and those
who serve them;
(3) include a summary of the plan called for in section
3(a)(7);
(4) recommend ways to coordinate and improve Federal
training and technical assistance, information sharing, and
communication among the various programs and agencies serving
youth;
(5) include recommendations to better integrate and
coordinate policies across agencies at the Federal, State, and
local levels, including recommendations for legislation and
administrative actions;
(6) include a summary of actions the Council has taken at
the request of Federal agencies to facilitate collaboration and
coordination on youth serving programs and the results of those
collaborations, if available;
(7) include a summary of the action the Council has taken
at the request of States to provide technical assistance under
section 3(b), if applicable; and
(8) include a summary of the input and recommendations from
the groups identified in section 3(a)(9).
SEC. 7. TERMINATION.
The Council shall terminate 60 days after transmitting its final
report under section 6.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000 for each of
fiscal years 2007 and 2008 to carry out this Act.
Passed the House of Representatives November 15, 2005.
Attest:
JEFF TRANDAHL,
Clerk.
|
Federal Youth Coordination Act - Establishes a Federal Youth Development Council to improve administration and coordination of federal programs serving youth.
Designates the Secretary of Health and Human Services as the Chairperson of the Council.
Sets forth Council duties with respect to agencies and programs serving youth, especially disadvantaged youth.
Authorizes the Council to provide technical assistance to a state, at its request, to support state-funded councils for coordinating state youth efforts.
Terminates the Council after transmittal of its final report.
Authorizes appropriations for FY2007 and FY2008.
|
{"src": "billsum_train", "title": "To establish a Federal Youth Development Council to improve the administration and coordination of Federal programs serving youth, and for other purposes."}
| 1,549 | 121 | 0.431173 | 1.176654 | 0.603245 | 2.718447 | 14.92233 | 0.854369 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Military Reservist
Tax Credit Act''.
SEC. 2. CREDIT FOR INCOME DIFFERENTIAL FOR EMPLOYMENT OF ACTIVATED
MILITARY RESERVIST AND REPLACEMENT PERSONNEL.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30B. EMPLOYER WAGE CREDIT FOR ACTIVATED MILITARY RESERVISTS.
``(a) General Rule.--There shall be allowed as a credit against the
tax imposed by this chapter for the taxable year an amount equal to the
sum of--
``(1) in the case of a small business employer, the
employment credit with respect to all qualified employees and
qualified replacement employees of the taxpayer, plus
``(2) the self-employment credit of a qualified self-
employed taxpayer.
``(b) Employment Credit.--For purposes of this section--
``(1) Qualified employees.--
``(A) In general.--The employment credit with
respect to a qualified employee of the taxpayer for any
taxable year is equal to 50 percent of the lesser of--
``(i) the excess, if any, of--
``(I) the qualified employee's
average daily qualified compensation
for the taxable year, over
``(II) the average daily military
pay and allowances received by the
qualified employee during the taxable
year, while participating in qualified
reserve component duty to the exclusion
of the qualified employee's normal
employment duties for the number of
days the qualified employee
participates in qualified reserve
component duty during the taxable year,
including time spent in a travel
status, or
``(ii) $30,000.
The employment credit, with respect to all qualified
employees, is equal to the sum of the employment
credits for each qualified employee under this
subsection.
``(B) Average daily qualified compensation and
average daily military pay and allowances.--As used
with respect to a qualified employee--
``(i) the term `average daily qualified
compensation' means the qualified compensation
of the qualified employee for the taxable year
divided by the difference between--
``(I) 365, and
``(II) the number of days the
qualified employee participates in
qualified reserve component duty during
the taxable year, including time spent
in a travel status, and
``(ii) the term `average daily military pay
and allowances' means--
``(I) the amount paid to the
qualified employee during the taxable
year as military pay and allowances on
account of the qualified employee's
participation in qualified reserve
component duty, divided by
``(II) the total number of days the
qualified employee participates in
qualified reserve component duty,
including time spent in travel status.
``(C) Qualified compensation.--When used with
respect to the compensation paid or that would have
been paid to a qualified employee for any period during
which the qualified employee participates in qualified
reserve component duty, the term `qualified
compensation' means--
``(i) compensation which is normally
contingent on the qualified employee's presence
for work and which would be deductible from the
taxpayer's gross income under section 162(a)(1)
if the qualified employee were present and
receiving such compensation,
``(ii) compensation which is not
characterized by the taxpayer as vacation or
holiday pay, or as sick leave or pay, or as any
other form of pay for a nonspecific leave of
absence, and with respect to which the number
of days the qualified employee participates in
qualified reserve component duty does not
result in any reduction in the amount of
vacation time, sick leave, or other nonspecific
leave previously credited to or earned by the
qualified employee, and
``(iii) group health plan costs (if any)
with respect to the qualified employee.
``(D) Qualified employee.--The term `qualified
employee' means a person who--
``(i) has been an employee of the taxpayer
for the 91-day period immediately preceding the
period during which the employee participates
in qualified reserve component duty, and
``(ii) is a member of the Ready Reserve of
a reserve component of an Armed Force of the
United States as defined in sections 10142 and
10101 of title 10, United States Code.
``(2) Qualified replacement employees.--
``(A) In general.--The employment credit with
respect to a qualified replacement employee of the
taxpayer for any taxable year is equal to 50 percent of
the lesser of--
``(i) the individual's qualified
compensation attributable to service rendered
as a qualified replacement employee, or
``(ii) $12,000.
The employment credit, with respect to all qualified
replacement employees, is equal to the sum of the
employment credits for each qualified replacement
employee under this subsection.
``(B) Qualified compensation.--When used with
respect to the compensation paid to a qualified
replacement employee, the term `qualified compensation'
means--
``(i) compensation which is normally
contingent on the qualified replacement
employee's presence for work and which is
deductible from the taxpayer's gross income
under section 162(a)(1),
``(ii) compensation which is not
characterized by the taxpayer as vacation or
holiday pay, or as sick leave or pay, or as any
other form of pay for a nonspecific leave of
absence, and
``(iii) group health plan costs (if any)
with respect to the qualified replacement
employee.
``(C) Qualified replacement employee.--The term
`qualified replacement employee' means an individual
who is hired to replace a qualified employee or a
qualified self-employed taxpayer, but only with respect
to the period during which such employee or taxpayer
participates in qualified reserve component duty,
including time spent in travel status.
``(c) Self-Employment Credit.--For purposes of this section--
``(1) In general.--The self-employment credit of a
qualified self-employed taxpayer for any taxable year is equal
to 50 percent of the lesser of--
``(A) the excess, if any, of--
``(i) the self-employed taxpayer's average
daily self-employment income for the taxable
year over
``(ii) the average daily military pay and
allowances received by the taxpayer during the
taxable year, while participating in qualified
reserve component duty to the exclusion of the
taxpayer's normal self-employment duties for
the number of days the taxpayer participates in
qualified reserve component duty during the
taxable year, including time spent in a travel
status, or
``(B) $30,000.
``(2) Average daily self-employment income and average
daily military pay and allowances.--As used with respect to a
self-employed taxpayer--
``(A) the term `average daily self-employment
income' means the self-employment income (as defined in
section 1402(b)) of the taxpayer for the taxable year
plus the amount paid for insurance which constitutes
medical care for the taxpayer for such year (within the
meaning of section 162(l)) divided by the difference
between--
``(i) 365, and
``(ii) the number of days the taxpayer
participates in qualified reserve component
duty during the taxable year, including time
spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the taxpayer
during the taxable year as military pay and
allowances on account of the taxpayer's
participation in qualified reserve component
duty, divided by
``(ii) the total number of days the
taxpayer participates in qualified reserve
component duty, including time spent in travel
status.
``(3) Qualified self-employed taxpayer.--The term
`qualified self-employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as
defined in section 1402(a)) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States.
``(d) Credit in Addition to Deduction.--The employment credit or
the self-employment credit provided in this section is in addition to
any deduction otherwise allowable with respect to compensation actually
paid to a qualified employee, qualified replacement employee, or
qualified self-employed taxpayer during any period the qualified
employee or qualified self-employed taxpayer participates in qualified
reserve component duty to the exclusion of normal employment duties.
``(e) Coordination With Other Credits.--The amount of credit
otherwise allowable under sections 51(a) and 1396(a) with respect to
any employee shall be reduced by the credit allowed by this section
with respect to such employee.
``(f) Limitations.--
``(1) Application with other credits.--The credit allowed
under subsection (a) for any taxable year shall not exceed the
excess (if any) of--
``(A) the regular tax for the taxable year reduced
by the sum of the credits allowable under subpart A and
sections 27, 29, and 30, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of the
armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
``(A) any taxable year, beginning after the date of
the enactment of this section, in which the taxpayer is
under a final order, judgment, or other process issued
or required by a district court of the United States
under section 4323 of title 38 of the United States
Code with respect to a violation of chapter 43 of such
title, and
``(B) the 2 succeeding taxable years.
``(3) Disallowance with respect to persons ordered to
active duty for training.--No credit shall be allowed under
subsection (a) to a taxpayer with respect to any period by
taking into account any person who is called or ordered to
active duty for any of the following types of duty:
``(A) Active duty for training under any provision
of title 10, United States Code.
``(B) Training at encampments, maneuvers, outdoor
target practice, or other exercises under chapter 5 of
title 32, United States Code.
``(C) Full-time National Guard duty, as defined in
section 101(d)(5) of title 10, United States Code.
``(g) General Definitions and Special Rules.--For purposes of this
section--
``(1) Small business employer.--
``(A) In general.--The term `small business
employer' means, with respect to any taxable year, any
employer who employed an average of 50 or fewer
employees on business days during such taxable year.
``(B) Controlled groups.--For purposes of
subparagraph (A), all persons treated as a single
employer under subsection (b), (c), (m), or (o) of
section 414 shall be treated as a single employer.
``(2) Military pay and allowances.--The term `military pay'
means pay as that term is defined in section 101(21) of title
37, United States Code, and the term `allowances' means the
allowances payable to a member of the Armed Forces of the
United States under chapter 7 of that title.
``(3) Qualified reserve component duty.--The term
`qualified reserve component duty' includes only active duty
performed, as designated in the reservist's military orders, in
support of a contingency operation as defined in section
101(a)(13) of title 10, United States Code.
``(4) Special rules for certain manufacturers.--
``(A) In general.--In the case of any qualified
manufacturer--
``(i) subsections (b)(1)(A)(ii) and
(c)(1)(B) shall be applied by substituting
`$40,000' for `$30,000',
``(ii) subsection (b)(2)(A)(ii) shall be
applied by substituting `$20,000' for
`$12,000', and
``(iii) paragraph (1)(A) of this subsection
shall be applied by substituting `100' for
`50'.
``(B) Qualified manufacturer.--For purposes of this
paragraph, the term `qualified manufacturer' means any
person if--
``(i) the primary business of such person
is classified in sector 31, 32, or 33 of the
North American Industrial Classification
System, and
``(ii) all of such person's facilities
which are used for production in such business
are located in the United States.
``(5) Carryback and carryforward allowed.--
``(A) In general.--If the credit allowable under
subsection (a) for a taxable year exceeds the amount of
the limitation under subsection (f)(1) for such taxable
year (in this paragraph referred to as the `unused
credit year'), such excess shall be a credit carryback
to each of the 3 taxable years preceding the unused
credit year and a credit carryforward to each of the 20
taxable years following the unused credit year.
``(B) Rules.--Rules similar to the rules of section
39 shall apply with respect to the credit carryback and
credit carryforward under subparagraph (A).
``(6) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply.''.
(b) Conforming Amendment.--Section 55(c)(2) of the Internal Revenue
Code of 1986 is amended by inserting ``30B(f)(1),'' after
``30(b)(3),''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end of 30A the following new item:
``Sec. 30B. Employer wage credit for activated military reservists''.
(d) Effective Date; Special Rule.--
(1) Effective date.--The amendments made by this section
shall apply to amounts paid after September 11, 2001, in
taxable years ending after such date.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period.
|
Small Business Military Reservist Tax Credit Act - Amends the Internal Revenue Code to allow: (1) certain small business employers (50 or fewer employees) and small manufacturers (100 or fewer employees) a tax credit for a percentage of the differential between the average daily civilian compensation and average daily military pay and allowances of their military reservist employees who are called to active duty; (2) such employers a tax credit for the hiring of temporary replacement employees; and (3) self-employed military reservists a comparable tax credit for a percentage of the differential between their average daily self-employment income and their average daily military pay and allowances.
Denies a tax credit: (1) to employers who fail to comply with employment or reemployment rights of military reservists; and (2) for employees who are called to active duty for training.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax with respect to employees who participate in the military reserve components and are called to active duty and with respect to replacement employees and to allow a comparable credit for activated military reservists who are self-employed, and for other purposes."}
| 3,343 | 182 | 0.624003 | 1.579496 | 0.688651 | 2.306748 | 18.877301 | 0.883436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IP-Enabled Voice Communications and
Public Safety Act of 2005''.
SEC. 2. EMERGENCY SERVICE.
(a) 911 and E-911 Services.--Notwithstanding section 2(b) or any
other provision of the Communications Act of 1934, the Commission shall
prescribe regulations to establish a set of requirements or obligations
on providers of IP-enabled voice service to ensure that 911 and E-911
services are available to customers to IP-enabled voice service. Such
regulations shall include an appropriate transition period by which to
comply with such requirements or obligations and take into
consideration available industry technological and operational
standards, including network security.
(b) Non-Discriminatory Access to Capabilities.--Each entity with
ownership or control of the necessary emergency services infrastructure
shall provide any requesting IP-enabled voice service provider with
nondiscriminatory access to their equipment, network, databases,
interfaces and any other related capabilities necessary for the
delivery and completion of 911 and E911 calls and information related
to such 911 or E911 calls. Such access shall be consistent with
industry standards established by the National Emergency Number
Association or other applicable industry standards organizations. Such
entity shall provide access to the infrastructure at just and
reasonable, nondiscriminatory rates, terms and conditions. The
telecommunications carrier or other entity shall provide such access to
the infrastructure on a stand-alone basis.
(c) State Authority.--Nothing in this Act, the Communications Act
of 1934, or any Commission regulation or order shall prevent the
imposition on or collection from a provider of voice services,
including IP-enabled voice services, of any fee or charge specifically
designated or presented as dedicated by a State, political subdivision
thereof, or Indian tribe on an equitable, and non-discriminatory basis
for the support of 911 and E-911 services if no portion of the revenue
derived from such fee or charge is obligated or expended for any
purpose other than support of 911 and E-911 services or enhancements of
such services.
(d) Standard.--The Commission may establish regulations imposing
requirements or obligations on providers of voice services, entities
with ownership or control of emergency services infrastructure under
subsections (a) and (b) only to the extent that the Commission
determines such regulations are technologically and operationally
feasible.
(e) Customer Notice.--Prior to the compliance with the rules as
required by subsection (a), a provider of an IP-enabled voice service
that is not capable of providing 911 and E-911 services shall provide a
clear and conspicuous notice of the unavailability of such services to
each customer at the time of entering into a contract for such service
with that customer.
(f) Voice Service Provider Responsibility.--An IP-enabled voice
service provider shall have the sole responsibility for the proper
design, operation, and function of the 911 and E911 access capabilities
offered to the provider's customers.
(g) Parity of Protection for Provision or Use of IP-Enabled Voice
Service.--
(1) Provider parity.--If a provider of an IP-enabled voice
service offers 911 or E-911 services in compliance with the
rules required by subsection (a), that provider, its officers,
directors, employees, vendors, and agents, shall have immunity
or other protection from liability of a scope and extent that
is not less than the scope and extent of immunity or other
protection from liability that any local exchange company, and
its officers directors, employees, vendors, or agents, have
under the applicable Federal and State law (whether through
statute, judicial decision, tariffs filed by such local
exchange company, or otherwise), including in connection with
an act or omission involving the release of subscriber
information related to the emergency calls or emergency
services to a public safety answering point, emergency medical
service provider, or emergency dispatch provider, public
safety, fire service, or law enforcement official, or hospital
emergency or trauma care facility.
(2) User parity.--A person using an IP-enabled voice
service that offers 911 or E-911 services pursuant to this
subsection shall have immunity or other protection from
liability of a scope and extent that is not less than the scope
and extent of immunity or other protection from liability under
applicable law in similar circumstances of a person using 911
or E-911 service that is not provided through an IP-enabled
voice service.
(3) PSAP parity.--In matters related to IP-enabled 911 and
E-911 communications, a PSAP, and its employees, vendors,
agents, and authorizing government entity (if any) shall have
immunity or other protection from liability of a scope and
extent that is not less than the scope and extent of immunity
or other protection from liability under applicable law
accorded to such PSAP, employees, vendors, agents, and
authorizing government entity, respective, in matters related
to 911 or E-911 communications that are not provided via an IP-
enabled voice service.
(h) Delegation Permitted.--The Commission may, in the regulations
prescribed under this section, provide for the delegation to State
commissions of authority to implement and enforce the requirements of
this section and the regulations thereunder.
SEC. 3. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.
Section 158 of the National Telecommunications and Information
Administration Organization Act (as added by section 104 of the ENHANCE
911 Act of 2004) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 18 months after
the date of the enactment of the ENHANCE 911 Act of 2004, the
Office shall develop and report to Congress on a national plan
for migrating to a national IP-enabled emergency network
capable of receiving and responding to all citizen activated
emergency communications.
``(2) Contents of plan.--The plan required by paragraph (1)
shall--
``(A) outline the potential benefits of such a
migration;
``(B) identify barriers that must be overcome and
funding mechanisms to address those barriers;
``(C) include a proposed timetable, an outline of
costs and potential savings;
``(D) provide specific legislative language, if
necessary, for achieving the plan; and
``(E) provide recommendations on any legislative
changes, including updating definitions, to facilitate
a national IP-enabled emergency network.
``(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with representatives of
the public safety community, technology and telecommunications
providers, and others it deems appropriate.''.
SEC. 4. DEFINITIONS.
(a) In General.--For purposes of this Act:
(1) 911 and e-911 services.--
(A) 911.--The term ``911'' means a service that
allows a user, by dialing the three-digit code 911, to
call a public safety answering point operated by a
State, local government, Indian tribe, or authorized
entity.
(B) E-911.--The term ``E-911 service'' means a 911
service that automatically delivers the 911 call to the
appropriate public safety answering point, and provides
automatic identification data, including the
originating number of an emergency call, the physical
location of the caller, and the capability for the
public safety answering point to call the user back if
the call is disconnected.
(2) IP-enabled voice service.--The term ``IP-enabled voice
service'' means an IP-enabled service used for real-time 2-way
or multidirectional voice communications offered to a customer
that--
(A) uses North American Numbering Plan administered
telephone numbers, or successor protocol; and
(B) has two-way interconnection or otherwise
exchange traffic with the public switched telephone
network.
(3) Customer.--The term ``customer'' includes a consumer of
goods or services whether for a fee, in exchange for an
explicit benefit, or provided for free.
(4) IP-enabled service.--The term ``IP-enabled service''
means the use of software, hardware, or network equipment that
enable an end user to send or receive a communication over the
public Internet or a private network utilizing Internet
protocol, or any successor protocol, in whole or part, to
connect users--
(A) regardless of whether the communication is
voice, data, video, or other form; and
(B) notwithstanding --
(i) the underlying transmission technology
used to transmit the communications;
(ii) whether the packetizing and
depacketizing of the communications occurs at
the customer premise or network level; or
(iii) the software, hardware, or network
equipment used to connect users.
(5) Public switched telephone network.--The term ``public
switched telephone network'' means any switched common carrier
service that is interconnected with the traditional local
exchange or interexchange switched network.
(6) PSAP.--The term ``public safety answering point'' or
``PSAP'' means a facility that has been designated to receive
911 calls.
(b) Common Terminology.--Except as otherwise provided in subsection
(a), terms used in this Act have the meanings provided under section 3
of the Communications Act of 1934.
|
IP-Enabled Voice Communications and Public Safety Act of 2005 - Directs the Federal Communications Commission (FCC) to prescribe regulations to establish a set of requirements or obligations on providers of IP-enabled voice service (Internet protocol-enabled service for real-time two-way or multidirectional voice communications) to ensure that 911 (emergency) services and E-911 services (services that automatically delivers a 911 call to the appropriate public safety answering point) are available to customers of IP-enabled voice service. Requires: (1) nondiscriminatory IP provider access to 911 and E-911 services; (2) IP providers to provide to customers a clear and conspicuous notice of the unavailability of 911 and E-911 services; and (3) IP provider and user immunity in the provision and use of 911 and E-911 services to the same extent as local exchange companies and other persons, respectively.
Amends the National Telecommunications and Information Administration Organization Act to require the E-911 Implementation Coordination Office to develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.
|
{"src": "billsum_train", "title": "To promote and enhance public safety and to encourage the rapid deployment of IP-enabled voice services."}
| 2,065 | 263 | 0.597188 | 1.841738 | 0.746251 | 4.330233 | 8.874419 | 0.953488 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Florida National Forest Land
Adjustment Act of 2010''.
SEC. 2. RELEASE OF DEED RESTRICTIONS ON CERTAIN LANDS ACQUIRED UNDER
THE BANKHEAD-JONES FARM TENANT ACT IN FLORIDA.
(a) Findings.--Congress finds the following:
(1) Certain lands in the State of Florida were conveyed by
the United States to the State under the authority of section
32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)),
and now are part of the Blackwater River and Withlacoochee
State Forests.
(2) The lands were conveyed to the State subject to deed
restrictions that the lands could be only used for public
purposes.
(3) The deed restrictions impede the ability of the State
to remedy boundary and encroachment problems involving the
lands.
(4) The release of the deed restrictions by the Secretary
of Agriculture (hereafter referred to as the ``Secretary'')
will further the purposes for which the lands are being managed
as State forests and will alleviate future Federal
responsibilities with respect to the lands.
(b) Release Required.--Subject to valid existing rights, and such
reservations as the Secretary considers to be in the public interest,
the Secretary shall release, convey, and quitclaim to the State of
Florida, without monetary consideration, all rights, title, and
remaining interest of the United States in and to those lands within or
adjacent to the Blackwater River and Withlacoochee State Forests that
were conveyed to the State under the authority of section 32(c) of the
Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) or under any other
law authorizing conveyance subject to restrictions or reversionary
interests retained by the United States.
(c) Terms and Conditions.--The conveyances authorized by subjection
(b) are subject to the following terms and conditions.
(1) The State shall cover or reimburse the Secretary for
reasonable costs incurred by the Secretary to make the
conveyances, including title searches, surveys, deed
preparation, attorneys' fees, and similar expenses. The
Secretary may not seek reimbursement for administrative
overhead costs.
(2) By accepting the conveyances authorized by this
section, the State agrees--
(A) that all net proceeds from any sale, exchange,
or other disposition of the real property subject to
deed restrictions shall be used by the State for the
acquisition of lands or interests in lands within or
adjacent to units of the state forest and park systems;
(B) to affirmatively address and resolve boundary
encroachments in accordance with State law for the
affected State forests; and
(C) to indemnify and hold the United States
harmless with regard to any boundary disputes related
to any parcel released under this section.
SEC. 3. INTERCHANGE INVOLVING NATIONAL FOREST SYSTEM LAND AND STATE
LAND IN FLORIDA.
(a) Findings.--The Congress finds the following:
(1) There are intermingled Federal and State lands within
units of the National Forest System in Florida that are of
comparable quantity and quality and of approximately equal
value.
(2) Interchanging these lands would be in the public
interest by facilitating more efficient public land management.
(b) Approximately Equal Value Defined.--In this section, the term
``approximately equal value'' means a comparative estimate of the value
between lands to be interchanged, regarding which, without the
necessity of an appraisal, the elements of value, such as physical
characteristics and other amenities, are readily apparent and
substantially similar.
(c) Land Interchange Authorized.--
(1) Authorization.--Subject to valid existing rights, if
the State of Florida offers to convey to the United States
those State lands designated for interchange on the two maps
entitled ``State of Florida--U.S. Forest Service Interchange--
January, 2009'' and title to such lands is otherwise acceptable
to the Secretary of Agriculture, the Secretary shall convey and
quitclaim to the State those National Forest System lands in
the Ocala National Forest and the Apalachicola National Forest
designated for interchange on the maps.
(2) Maps.--The maps referenced in paragraph (1) shall be
available for public inspection in the office of the Chief of
the Forest Service and in the office of the Supervisor of the
National Forests in Florida for a period of at least five years
after completion of the land interchanges authorized by this
section.
(d) Terms and Conditions.--Any land interchange under this section
shall be subject to such reservations and rights-of-way as may be
mutually acceptable to the Secretary and the authorized officer of the
State.
(e) Replacement Land.--In the event that any of the designated
lands are in whole or part found to be unacceptable for interchange
under this section due to title deficiencies, survey problems, the
existence of hazardous materials, or for any other reason, the
Secretary and the authorized officer of the State may substitute or
modify the lands to be interchanged insofar as it is mutually agreed
that the lands are of comparable quality and approximately equal value.
SEC. 4. ADDITIONAL LAND DISPOSAL UNDER FLORIDA NATIONAL FOREST LAND
MANAGEMENT ACT OF 2003.
(a) Disposal Authorized.--In accordance with the provisions of the
Florida National Forest Land Management Act of 2003 (Public Law 108-
152; 117 Stat. 1919), the Secretary of Agriculture may convey, by means
of sale or exchange, all right, title, and interest of the United
States in and to a parcel of land comprising approximately 114 acres,
located within Township 1 South, Range 1 West, section 25, Leon County,
Florida, and designated as tract W-1979.
(b) Use of Proceeds.--
(1) Tract w-1979.--The Secretary shall use the proceeds
derived from any sale of tract W-1979, as authorized by
subsection (a), only--
(A) to acquire lands and interests in land for
inclusion in the Apalachicola National Forest; and
(B) to cover the disposal costs incurred by the
Secretary to carry out the sale of such tract.
(2) Certain other tracts.--With respect to tract A-943,
tract A-944, and tract C-2210, as described in paragraphs (5),
(6), and (16) of subsection (b) of section 3 of the Florida
National Forest Land Management Act of 2003 and authorized for
sale by subsection (a) of such section, being lands having
permanent improvements and infrastructure, the Secretary may
use the net proceeds derived from any sale of such tracts to
acquire, construct, or maintain administrative improvements for
units of the National Forest System in Florida.
|
Florida National Forest Land Adjustment Act of 2010 - Directs the Secretary of Agriculture to release, convey, and quitclaim to the state of Florida, without monetary consideration, all interest of the United States in and to those lands within or adjacent to the Blackwater River and Withlacoochee State Forests that were conveyed to the state under the authority of the Bankhead-Jones Farm Tenant Act or under any other law authorizing conveyance subject to restrictions or reversionary interests retained by the United States.
Requires the state to cover or reimburse the Secretary for reasonable costs incurred to make the conveyances. Bars the Secretary from seeking reimbursement for administrative overhead costs.
Requires the state to agree: (1) that all net proceeds from any sale, exchange, or other disposition of the real property subject to deed restrictions be used by the state for the acquisition of lands or interests within or adjacent to units of Florida's forest and park systems; (2) to address and resolve boundary encroachments for the affected state forests; and (3) to indemnify and hold the United States harmless with regard to any boundary disputes related to any released parcel.
Provides for an interchange of certain state lands and National Forest System lands in the Ocala and Apalachicola National Forests in Florida.
Authorizes the Secretary to convey by sale or exchange tract W-1979 within Leon County, Florida.
|
{"src": "billsum_train", "title": "A bill to release Federal reversionary interests retained on certain lands acquired in the State of Florida under the Bankhead-Jones Farm Tenant Act, to authorize the interchange of National Forest System land and State land in Florida, to authorize an additional conveyance under the Florida National Forest Land Management Act of 2003, and for other purposes."}
| 1,516 | 304 | 0.708458 | 2.369668 | 0.873526 | 5.402344 | 5.222656 | 0.964844 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pulmonary Hypertension Research and
Diagnosis Act of 2013''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Pulmonary hypertension is a serious, debilitating, and
often fatal progressive condition where the blood pressure in
the lungs rises to dangerously high levels. In pulmonary
hypertension patients, the walls of the arteries that take
blood from the right side of the heart to the lungs thicken and
constrict. As a result, the right side of the heart has to pump
harder to move blood into the lungs, causing it to enlarge and
ultimately fail.
(2) In advanced stages of pulmonary hypertension, the
patient is able to perform only minimal activity and has
symptoms even when resting, resulting in considerable
disability. The disease may worsen to the point where the
patient is completely bedridden. In a matter of months, many
pulmonary hypertension patients have become so functionally
deteriorated that they have lost their jobs and are dependent
on family and disability benefits.
(3) Despite the importance of early diagnosis on prognosis,
pulmonary hypertension is rarely picked up in a routine medical
exam. Even in its later stages, the signs of the disease are
frequently confused with more common conditions that affect the
heart and lungs. Due to the fact that the average length of
time between the onset of symptoms and an accurate diagnosis is
presently 2.8 years, nearly three out of four patients have
advanced pulmonary hypertension by the time they are accurately
diagnosed.
(4) While pulmonary hypertension remains an incurable
condition, progress in our scientific understanding of the
disease has led to the development and Food and Drug
Administration approval of nine innovative therapies indicated
to treat pulmonary hypertension.
(5) Existing treatment options can significantly extend
life and improve quality of life for patients with pulmonary
hypertension. The effectiveness of pulmonary hypertension
treatment options is directly tied to how early in the
progression of the condition a patient can be accurately
diagnosed and begin the correct regimen of therapies. Improved
early intervention will improve health outcomes for pulmonary
hypertension patients while reducing the necessity for more
drastic and costly treatment options, such as a lung or heart-
lung transplant.
SEC. 3. INTERAGENCY PULMONARY HYPERTENSION COORDINATING COMMITTEE.
(a) Establishment.--The Secretary of Health and Human Services (in
this Act referred to as the ``Secretary'') shall establish a committee,
to be known as the ``Interagency Pulmonary Hypertension Coordinating
Committee'' (in this Act referred to as the ``Committee''), to make
recommendations on, and coordinate, all efforts within the Department
of Health and Human Services concerning pulmonary hypertension.
(b) Responsibilities.--In carrying out its duties under this
section, the Committee shall--
(1) develop and annually update a summary of pulmonary
hypertension advances in medical research and treatment
development and improvement, early and accurate diagnosis,
appropriate and timely intervention, transplantation, and
access to care and therapies for patients;
(2) monitor Federal activities with respect to pulmonary
hypertension;
(3) make recommendations to the Secretary regarding
appropriate changes to such activities, including
recommendations with respect to the strategic plan developed
under paragraph (5);
(4) make recommendations to the Secretary regarding
stakeholder participation in decisions relating to pulmonary
hypertension;
(5) develop and annually update a comprehensive strategic
plan to cooperatively improve health outcomes for pulmonary
hypertension patients which includes--
(A) recommendations to improve professional
education concerning accurate diagnosis and appropriate
intervention for health care providers;
(B) recommendations to improve the transplantation
criteria and process concerning lung and heart-lung
transplants for pulmonary hypertension patients;
(C) recommendations to improve public awareness and
recognition of pulmonary hypertension;
(D) recommendations to improve health care delivery
and promote early and accurate diagnosis for pulmonary
hypertension patients; and
(E) recommendations to systematically advance the
full spectrum of biomedical research, including
specific recommendations for basic, translational,
clinical, and pediatric research, and research training
and career development; and
(6) submit to the Congress the strategic plan under
paragraph (5) and any updates to such plan.
(c) Membership.--
(1) In general.--The Committee shall be composed of--
(A) the Administrator of the Health Resources and
Services Administration;
(B) the Director of the Centers for Disease Control
and Prevention and the directors of such centers at the
Centers for Disease Control and Prevention as the
Secretary determines appropriate;
(C) the Director of the National Institutes of
Health and the directors of such institutes, centers,
and offices at the National Institutes of Health as the
Secretary determines appropriate;
(D) the Director of the Agency for Healthcare
Research and Quality;
(E) the Commissioner of Food and Drugs and the
directors of such centers and offices at the Food and
Drug Administration as the Secretary determines
appropriate;
(F) the heads of other relevant agencies as the
Secretary deems appropriate; and
(G) the additional members appointed under
paragraph (2).
(2) Additional members.--Not fewer than 6 members of the
Committee or \1/3\ of the total membership of the Committee,
whichever is greater, shall be composed of non-Federal public
members to be appointed by the Secretary, of which--
(A) at least one such member shall be an individual
with a diagnosis of pulmonary hypertension;
(B) at least one such member shall be the primary
caregiver for an individual with a diagnosis of
pulmonary hypertension; and
(C) at least one such member shall be a
representative of a leading research, advocacy, and
support organization primarily serving individuals with
a diagnosis of pulmonary hypertension.
(d) Administrative Support; Terms of Service; Other Provisions.--
The following provisions shall apply with respect to the Committee:
(1) The Committee shall receive necessary and appropriate
administrative support from the Secretary.
(2) Members of the Committee appointed under subsection
(c)(2) shall serve for a term of 4 years, and may be appointed
for one or more additional 4-year terms. Any member appointed
to fill a vacancy for an unexpired term shall be appointed for
the remainder of such term. A member may serve after the
expiration of the member's term until a successor has taken
office.
(3) The Committee shall meet at the call of the chairperson
or upon the request of the Secretary. The Committee shall meet
not fewer than two times each year.
(4) All meetings of the Committee shall be public and shall
include appropriate time periods for questions and
presentations by the public.
(e) Subcommittees; Establishment and Membership.--In carrying out
its functions, the Committee may establish subcommittees and convene
workshops and conferences. Such subcommittees shall be composed of
Committee members and may hold such meetings as are necessary to enable
the subcommittees to carry out their duties.
SEC. 4. REPORT TO CONGRESS.
(a) In General.--Not later than one year after the date of
enactment of this Act, and biennially thereafter, the Secretary, in
coordination with the Committee, shall prepare and submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce Committee of the House of
Representatives a progress report on activities related to improving
health outcomes for pulmonary hypertension patients.
(b) Contents.--The report submitted under subsection (a) shall
contain--
(1) information on the incidence of pulmonary hypertension
and trend data of such incidence since the date of enactment of
the Pulmonary Hypertension Research and Diagnosis Act of 2013;
(2) information on the average time between initial
screening and accurate diagnosis as well as the average stage
of pulmonary hypertension when appropriate intervention begins
and up-to-date, related trend data;
(3) information on the effectiveness and outcomes of
interventions for individuals diagnosed with pulmonary
hypertension, including--
(A) mortality rate, as well as the frequency of
drastic treatment options like lung and heart-lung
transplants; and
(B) up-to-date, related trend data;
(4) information on breakthroughs in basic science as well
as translational and clinical research activities;
(5) information on activity to facilitate the development
of innovative treatment options and diagnostic tools; and
(6) information on services and supports provided to
individuals with a diagnosis of pulmonary hypertension.
SEC. 5. SUNSET.
This Act shall not apply after September 30, 2018, and the
Interagency Pulmonary Hypertension Coordinating Committee shall be
terminated on such date.
|
Pulmonary Hypertension Research and Diagnosis Act of 2013 - Directs the Secretary of Health and Human Services (HHS) to establish an Interagency Pulmonary Hypertension Coordinating Committee to make recommendations on, and coordinate, all efforts within HHS concerning pulmonary hypertension. Requires the Committee to: (1) develop and update annually a summary of pulmonary hypertension advances in medical research and treatment development and improvement, early and accurate diagnosis, appropriate and timely intervention, transplantation, and access to care and therapies for patients; (2) monitor federal activities respecting pulmonary hypertension; (3) make recommendations regarding appropriate changes to such activities as well as stakeholder participation in decisions relating to pulmonary hypertension; and (4) develop and update annually a comprehensive strategic plan to cooperatively improve health outcomes for pulmonary hypertension patients.
|
{"src": "billsum_train", "title": "Pulmonary Hypertension Research and Diagnosis Act of 2013"}
| 1,866 | 177 | 0.521359 | 1.521014 | 0.856064 | 5.418919 | 11.986486 | 0.959459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bioenergy Act of 2015''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bioheat.--The term ``bioheat'' means the use of woody
biomass to generate heat.
(2) Biopower.--The term ``biopower'' means the use of woody
biomass to generate electricity.
(3) Initiative.--The term ``Initiative'' means the Bioheat
and Biopower Initiative established under section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) State wood energy team.--The term ``State Wood Energy
Team'' means a collaborative group of stakeholders that--
(A) carry out activities within a State to identify
sustainable energy applications for woody biomass; and
(B) has been designated by the State and Private
Forestry organization of the Forest Service as a State
Wood Energy Team.
SEC. 3. BIOHEAT AND BIOPOWER INITIATIVE.
(a) Establishment.--The Secretary, acting jointly with the
Secretary of Agriculture, shall establish a collaborative working
group, to be known as the ``Bioheat and Biopower Initiative'', to carry
out the duties described in subsection (c).
(b) Board of Directors.--
(1) In general.--The Initiative shall be led by a Board of
Directors.
(2) Membership.--The Board of Directors shall consist of--
(A) representatives of the Department of Energy and
the Department of Agriculture, who shall serve as
cochairpersons of the Board;
(B) a senior officer or employee, each of whom
shall have a rank that is equivalent to the
departmental rank of a representative described in
subparagraph (A), of each of--
(i) the Department of the Interior;
(ii) the Environmental Protection Agency;
(iii) the National Science Foundation; and
(iv) the Office of Science and Technology
Policy; and
(C) at the election of the Secretary and the
Secretary of Agriculture, such other members as may be
appointed by the Secretaries, in consultation with the
Board.
(3) Meetings.--The Board of Directors shall meet not less
frequently than once each quarter.
(c) Duties.--The Initiative shall--
(1) coordinate research and development activities relating
to biopower and bioheat projects--
(A) between the Department of Agriculture and the
Department of Energy; and
(B) with other Federal departments and agencies;
(2) provide recommendations to the Department of
Agriculture and the Department of Energy concerning the
administration of this Act; and
(3) ensure that--
(A) solicitations are open and competitive with
respect to applicable annual grant awards; and
(B) objectives and evaluation criteria of
solicitations for those awards are clearly stated and
minimally prescriptive, with no areas of special
interest.
SEC. 4. GRANT PROGRAMS.
(a) Demonstration Grants.--
(1) Establishment.--The Secretary shall establish, within
the Bioenergy Technologies Office, a program under which the
Secretary shall provide grants to relevant projects to support
innovation and market development in bioheat and biopower.
(2) Applications.--To be eligible to receive a grant under
this subsection, the owner or operator of a relevant project
shall submit to the Secretary an application at such time, in
such manner, and containing such information as the Secretary
may require.
(3) Allocation.--Of the amounts made available to carry out
this section, the Secretary shall allocate--
(A) $15,000,000 to projects that develop innovative
techniques for preprocessing biomass for heat and
electricity generation, with the goals of--
(i) lowering the costs of--
(I) distributed preprocessing
technologies, including technologies
designed to promote densification,
torrefaction, and the broader
commoditization of bioenergy
feedstocks; and
(II) transportation and logistics
costs; and
(ii) developing technologies and procedures
that maximize environmental integrity, such as
reducing greenhouse gas emissions and local air
pollutants and bolstering the health of forest
ecosystems and watersheds; and
(B) $15,000,000 to innovative bioheat and biopower
demonstration projects, including--
(i) district energy projects;
(ii) innovation in transportation and
logistics; and
(iii) innovative projects addressing the
challenges of retrofitting existing coal-fired
electricity generation facilities to use
biomass.
(4) Regional distribution.--In selecting projects to
receive grants under this subsection, the Secretary shall
ensure, to the maximum extent practicable, diverse geographical
distribution among the projects.
(5) Cost share.--The Federal share of the cost of a project
carried out using a grant under this subsection shall be 50
percent.
(6) Duties of recipients.--As a condition of receiving a
grant under this subsection, the owner or operator of a project
shall--
(A) participate in the applicable working group
under paragraph (7);
(B) submit to the Secretary a report that
includes--
(i) a description of the project and any
relevant findings; and
(ii) such other information as the
Secretary determines to be necessary to
complete the report of the Secretary under
paragraph (8); and
(C) carry out such other activities as the
Secretary determines to be necessary.
(7) Working groups.--The Secretary shall establish 2
working groups to share best practices and collaborate in
project implementation, of which--
(A) 1 shall be comprised of representatives of
feedstock projects that receive grants under paragraph
(3)(A); and
(B) 1 shall comprised of representatives of demand
and logistics projects that receive grants under
paragraph (3)(B).
(8) Reports.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing--
(A) each project for which a grant has been
provided under this subsection;
(B) any findings as a result of those projects; and
(C) the state of market and technology development,
including market barriers and opportunities.
(b) Thermally Led Wood Energy Grants.--
(1) Establishment.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, shall establish a
program under which the Secretary of Agriculture shall provide
grants to support commercially demonstrated thermally led wood
energy technologies, with priority given to projects proposed
by State Wood Energy Teams.
(2) Applications.--To be eligible to receive a grant under
this subsection, the owner or operator of a relevant project
shall submit to the Secretary of Agriculture an application at
such time, in such manner, and containing such information as
the Secretary of Agriculture may require.
(3) Allocation.--Of the amounts made available to carry out
this section, the Secretary of Agriculture shall allocate
$10,000,000 for feasibility assessments, engineering designs,
and construction of thermally led wood energy systems,
including pellet boilers, district energy systems, combined
heat and power installations, and other technologies.
(4) Regional distribution.--In selecting projects to
receive grants under this subsection, the Secretary of
Agriculture shall ensure, to the maximum extent practicable,
diverse geographical distribution among the projects.
(5) Cost share.--The Federal share of the cost of a project
carried out using a grant under this subsection shall be 50
percent.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $30,000,000 to the Secretary to provide grants under
subsection (a); and
(2) $10,000,000 to the Secretary of Agriculture to provide
grants under subsection (b).
SEC. 5. LOAN PROGRAMS; STRATEGIC ANALYSIS AND RESEARCH.
(a) Low-Interest Loans.--
(1) Establishment.--The Secretary of Agriculture shall
establish, within the Rural Development Office, a low-interest
loan program to support construction of thermally led
residential, commercial or institutional, and industrial wood
energy systems.
(2) Requirements.--The program under this subsection shall
be carried out in accordance with such requirements as the
Secretary of Agriculture may establish, by regulation, in
taking into consideration best practices.
(3) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture to carry out
this subsection $50,000,000.
(b) Energy Efficiency and Conservation Loan Program.--In addition
to loans under subsection (a), thermally led residential, commercial or
institutional, and industrial wood energy systems shall be eligible to
receive loans under the energy efficiency and conservation loan program
of the Department of Agriculture under section 2 of the Rural
Electrification Act of 1936 (7 U.S.C. 902).
(c) Strategic Analysis and Research.--
(1) In general.--The Secretary, acting jointly with the
Secretary of Agriculture (acting through the Chief of the
Forest Service), shall establish a bioheat and biopower
research program--
(A) the costs of which shall be divided equally
between the Department of Energy and the Department of
Agriculture;
(B) to be overseen by the Board of Directors of the
Initiative; and
(C) to carry out projects and activities--
(i)(I) to advance research and analysis on
the environmental, social, and economic costs
and benefits of the United States biopower and
bioheat industries, including associated
lifecycle analysis of greenhouse gas emissions
and net energy analysis; and
(II) to provide recommendations for policy
and investment in those areas;
(ii) to identify and assess, through a
joint effort between the Chief of the Forest
Service and the regional combined heat and
power groups of the Department of Energy, the
feasibility of thermally led district wood
energy opportunities in all regions of the
Forest Service regions, including by conducting
broad regional assessments, feasibility
studies, and preliminary engineering
assessments at individual facilities; and
(iii)(I) to offer to communities technical
assistance to explore thermally led wood energy
opportunities; and
(II) to provide enhanced services to
smaller communities that have limited resources
and capacity to pursue new thermally led wood
energy opportunities.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary and the Secretary of
Agriculture--
(A) $2,000,000 to carry out paragraph (1)(C)(i);
(B) $1,000,000 to carry out paragraph (1)(C)(ii);
and
(C) $1,000,000 to carry out paragraph (1)(C)(iii).
|
Bioenergy Act of 2015 This bill requires the Department of Energy (DOE) and the Department of Agriculture (USDA) to establish a working group known as the Bioheat and Biopower Initiative to: coordinate research and development relating to biopower and bioheat projects, provide recommendations to USDA and DOE regarding the implementation of this bill, and ensure that grants are awarded using an open and competitive process. Bioheat is the use of woody biomass to generate heat, and biopower is the use of woody biomass to generate electricity. DOE must establish: (1) a grant program for projects to support innovation and market development in bioheat and biopower, and (2) working groups to share best practices and collaborate in project implementation. The Forest Service must establish a grant program to support commercially demonstrated thermally led wood energy technologies. Priority is given to projects proposed by State Wood Energy Teams, which are groups of stakeholders that identify sustainable energy applications for woody biomass. The bill requires USDA to establish a loan program to support construction of thermally led residential, commercial or institutional, and industrial wood energy systems. The bill also makes these projects eligible for loans under USDA's energy efficiency and conservation loan program. DOE and the Forest Service must establish a bioheat and biopower research program to advance research on the costs and benefits, recommend policies and investments, assess the feasibility of thermally led district wood energy opportunities, and assist communities pursuing thermally led wood energy opportunities.
|
{"src": "billsum_train", "title": "Bioenergy Act of 2015"}
| 2,232 | 305 | 0.685927 | 2.008603 | 0.772082 | 3.258993 | 7.543165 | 0.877698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Health Care Access Protection
Act of 2010''.
SEC. 2. PROTECTING ACCESS TO MEDICARE HOME HEALTH SERVICES.
Section 1895(b)(3)(B) of the Social Security Act (42 U.S.C.
1395fff(b)(3)(B)), as amended by section 3401(e) of the Patient
Protection and Affordable Care Act (Public Law 111-148), is amended--
(1) in clause (iv), by striking ``Insofar as'' and
inserting ``Subject to clause (vii), insofar as''; and
(2) by adding at the end the following new clause:
``(vii) Special rules for adjustment for
case mix changes for 2011 and subsequent
years.--
``(I) In general.--For 2011 and
each subsequent year, subject to
subclause (IV), any adjustment under
clause (iv) shall only be made using
standards established by the Secretary
consistent with the processes described
in subclause (II) and taking into
account the considerations described in
subclause (III).
``(II) Processes and criteria for
evaluating changes in case mix.--For
purposes of subclause (I), the
processes described in this subclause
are the following:
``(aa) The Secretary shall
convene a Technical Advisory
Group to advise the Secretary
concerning the establishment of
standards under subclause (I)
in order to distinguish between
real changes in case mix and
changes in coding or
classification of different
units of services that do not
reflect real changes in case
mix. The Technical Advisory
Group shall be composed of
stakeholders, including an
equal number of individuals and
organizations representing the
interests of Medicare
beneficiaries, the National
Association for Home Care and
Hospice, the Visiting Nurse
Associations of America, health
care academia, and health care
professionals. Members shall
not have an existing
contractual relationship with
the Secretary at the time of
their appointment to the
Technical Advisory Group. The
Secretary shall provide the
Technical Advisory Group an
opportunity to review and
comment on any proposed
rulemaking or final
determination of the Secretary
with respect to such standards
prior to the issuance of the
proposed rulemaking or making
of the final determination.
``(bb) If the Secretary
engages an outside contractor
to participate in the
evaluation of case mix changes
described in item (aa), the
Secretary shall only utilize an
outside contractor that has not
previously participated in the
design and establishment of the
case mix adjustment factors
under paragraph (4)(B).
``(cc) If the Secretary
determines that any increase in
case mix relates to changes in
the volume or nature of home
health services provided, the
Secretary shall evaluate that
increase through the actual
review of claims and services
and shall not use any proxy or
surrogate for determining
whether the change in volume or
nature of services is
reasonable and necessary.
``(dd) The Secretary shall
establish such standards by
regulation.
``(ee) The Secretary shall
make available to the public
all data, reports, and
supporting materials, including
any comments by the Technical
Advisory Group under item (aa),
regarding the establishment of
such standards at the time of
the publication of the notice
of the proposed regulation.
``(III) Considerations.--For
purposes of subclause (I), the
considerations described in this
subclause are the following:
``(aa) The impact of
changes in the program under
this title that may affect the
characteristics of individuals
receiving home health services.
``(bb) The impact of
changes in the provision of
home health services by
providers of services and
suppliers other than home
health agencies.
``(cc) Distinctions in the
characteristics of individuals
initiating home health services
from community and
institutional care settings.
``(dd) Whether any changes
in coding resulted in a change
in aggregate payments under
this subsection during the
fiscal year or year and
disregarding changes in coding
that did not result in such a
change in aggregate payments.
``(ee) Any other factors
determined appropriate by the
Secretary, in consultation with
the Technical Advisory Group
under subclause (II)(aa).
``(IV) Exception for certain
adjustments for 2011.--This clause
shall not apply to any adjustment under
clause (iv) that is scheduled for 2011
as of January 1, 2010.''.
|
Home Health Care Access Protection Act of 2010 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Patient Protection and Affordable Care Act, with respect to the prospective payment system (PPS) for home health services and adjustments to it for case mix changes.
Requires for 2011 and each subsequent year that any evaluation of case mix changes and any such adjustment be made using standards developed consistent with specified processes, taking certain criteria into account.
Directs the Secretary to convene a Technical Advisory Group to advise on the development of such standards.
|
{"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to protect Medicare beneficiaries' access to home health services under the Medicare program."}
| 944 | 123 | 0.55709 | 1.607816 | 0.662376 | 2.486239 | 8.678899 | 0.889908 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Power Act Amendments of
1996''.
SEC. 2. LIMITED EXEMPTION TO HYDROELECTRIC LICENSING PROVISIONS FOR
TRANSMISSION FACILITIES ASSOCIATED WITH THE EL VADO
HYDROELECTRIC PROJECT.
(a) Exemption.--Part I of the Federal Power Act, and the
jurisdiction of the Federal Energy Regulatory Commission under such
part I, shall not apply to the transmission line facilities associated
with the El Vado Hydroelectric Project (FERC Project No. 5226-002)
which are described in subsection (b).
(b) Facilities Covered by Exemption.--The facilities to which the
exemption under subsection (a) applies are those transmission
facilities located near the Rio Chama, a tributary of the Rio Grande,
in Rio Arriba County, New Mexico, referred to as the El Vado
transmission line, a three phase 12-mile long 69 kV power line
installed within a 50-foot wide right-of-way in Rio Arriba County, New
Mexico, originating at the El Vado Project's switchyard and connecting
to the Spills 69 kV Switching Station operated by the Northern Arriba
Electric Cooperative, Inc.
SEC. 3. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS.
The Federal Power Act, as amended, (16 U.S.C. 1791a et seq.) is
further amended by adding the following at the end of section 23:
``(c) In the case of any project works in the State of Alaska--
``(1) that are not part of a project licensed under this
Act prior to the date of enactment of this subsection;
``(2) for which a license application has not been accepted
for filing by the Commission prior to the date of enactment of
this subsection (unless such application is withdrawn at the
election of the applicant);
``(3) having a power production capacity of 5,000 kilowatts
or less;
``(4) located entirely within the boundaries of the State
of Alaska; and
``(5) not located in whole or in part on any Indian
reservation, unit of the National Park System, component of the
Wild and Scenic Rivers System or segment of a river designated
for study for potential addition to such system,
the State of Alaska shall have the exclusive authority to authorize
such project works under State law, in lieu of licensing by the
Commission under the otherwise applicable provisions of this part,
effective upon the date on which the Governor of the State of Alaska
notifies the Secretary of Energy that the State has in place a process
for regulating such projects which gives appropriate consideration to
the improvement or development of the State's waterways for the use or
benefit of intrastate, interstate, or foreign commerce, for the
improvement and use of waterpower development, for the adequate
protection, mitigation of damage to, and enhancement of fish and
wildlife (including related spawning grounds), and for other beneficial
public uses, including irrigation, flood control, water supply,
recreational and other purposes, and Indian rights, if applicable.
``(d) In the case of a project that would be subject to
authorization by the State under subsection (c) but for the fact that
the project has been licensed by the Commission prior to the enactment
of subsection (c), the licensee of such project may in its discretion
elect to make the project subject to the authorizing authority of the
State.
``(e) With respect to projects located in whole or in part on
Federal lands, State authorizations for project works pursuant to
subsection (c) of this section shall be subject to the approval of the
Secretary having jurisdiction with respect to such lands and subject to
such terms and conditions as the Secretary may prescribe.
``(f) Nothing in subsection (c) shall preempt the application of
Federal environment, natural, or cultural resources protection laws
according to their terms.''.
SEC. 4. FERC VOLUNTARY LICENSING OF HYDROELECTRIC PROJECTS ON FRESH
WATERS IN THE STATE OF HAWAII.
Section 4(e) of the Federal Power Act is amended by striking
``several States, or upon'' and inserting ``several States (except
fresh waters in the State of Hawaii, unless a license would be required
by section 23 of the Act), or upon''.
SEC. 5. EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR CERTAIN
HYDROELECTRIC PROJECTS LOCATED IN ILLINOIS.
(a) Project Number 3943.--
(1) Notwithstanding the time limitations of section 13 of
the Federal Power Act, the Federal Energy Regulatory
Commission, upon the request of the licensee for project number
3943 (and after reasonable notice), may extend the time
required for commencement of construction of such project for
not more than 3 consecutive 2-year periods, in accordance with
paragraphs (2) and (3).
(2) An extension may be granted under paragraph (1) only in
accordance with--
(A) the good faith, due diligence, and public
interest requirements contained in section 13 of the
Federal Power Act; and
(B) the procedures of the Federal Energy Regulatory
Commission under such section.
(3) This subsection shall take effect for project number
3943 upon the expiration of the extension of the period
required for commencement of construction of such project
issued by the Federal Energy Regulatory Commission under
section 13 of the Federal Power Act.
(b) Project Number 3944.--
(1) Notwithstanding the time limitations of section 13 of
the Federal Power Act, the Federal Energy Regulatory
Commission, upon the request of the licensee for FERC project
number 3944 (and after reasonable notice), may extend the time
required for commencement of construction of such project for
not more than 3 consecutive 2-year periods, in accordance with
paragraphs (2) and (3).
(2) An extension may be granted under paragraph (1) only in
accordance with--
(A) the good faith, due diligence, and public
interest requirements contained in section 13 of the
Federal Power Act; and
(B) the procedures of the Commission under such
section.
(3) this subsection shall take effect for project number
3944 upon the expiration of the extension of the period
required for commencement of construction of such project
issued by the Commission under section 13 of the Federal Power
Act.
SEC. 6. REFURBISHMENT AND CONTINUED OPERATION OF A HYDROELECTRIC
FACILITY IN MONTANA.
Notwithstanding section 10(e)(1) of the Federal Power Act or any
other law requiring payment to the United States of an annual or other
charge for the use, occupancy, and enjoyment of land by the holder of a
license issued by the Federal Energy Regulatory Commission under part I
of the Federal Power Act, a political subdivision of the State of
Montana that accepts the terms and conditions of a license for Federal
Energy Regulatory Commission project number 1473 in Granite County and
Deer Lodge County, Montana--
(1) shall not be required to pay any such charge with
respect to the 5-year period following the date of acceptance;
and
(2) after that 5-year period and for so long as the
political subdivision holds the license, shall be required to
pay such charges under section 10(e)(1) of the Federal Power
Act or any other law for the use, occupancy, and enjoyment of
the land covered by the license as the Federal Energy
Regulatory Commission or any other Federal agency may assess,
not to exceed a total of $20,000 for any year.
Passed the Senate September 27, 1996.
Attest:
KELLY D. JOHNSTON,
Secretary.
|
Federal Power Act Amendments of 1996 - Exempts certain transmission line facilities associated with the El Vado Hydroelectric Project in New Mexico from Federal Energy Regulatory Commission (FERC) licensing requirements.
Amends the Federal Power Act (FPA) to prescribe circumstances under which certain hydroelectric projects in Alaska having a power production capacity of 5,000 kilowatts or less shall be subject to the licensing authority of the State in lieu of FERC. Grants the licensee of a currently FERC-licensed project the discretion to subject such project to the State's authorizing authority.
Subjects any State authorization for a project located on Federal lands to the approval of the Secretary with jurisdiction over such lands, and to such terms and conditions as that Secretary may prescribe.
Declares that nothing shall preempt the application of Federal environment, natural, or cultural resources protection laws according to their terms.
Excludes from FERC voluntary licensing jurisdiction any hydroelectric projects upon fresh waters in Hawaii, unless a license would be required because: (1) the waters are navigable; or (2) the projects affect interstate commerce, are located on Federal lands, or use water from a government dam.
Directs FERC to extend for three consecutive two-year periods, upon request of a certain licensee, the time required to commence construction of specified hydroelectric projects in the State of Illinois.
Suspends certain FPA use and occupancy fees for a five-year period with respect to a State of Montana political subdivision that accepts the terms of a FERC license for a specified hydroelectric project in Granite and Deer Lodge Counties. Requires payment of such fees in an amount up to $20,000 for any year, after the five-year period, for as long as such subdivision holds such license.
|
{"src": "billsum_train", "title": "Federal Power Act Amendments of 1996"}
| 1,691 | 390 | 0.524334 | 1.810104 | 0.86257 | 2.646526 | 4.691843 | 0.89426 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Liquid Fuel Act''.
SEC. 2. STANDBY LOANS FOR QUALIFYING COAL-TO-LIQUIDS PROJECTS.
Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is
amended by adding at the end the following new subsection:
``(k) Standby Loans for Qualifying CTL Projects.--
``(1) Definitions.--For purposes of this subsection:
``(A) Cap price.--The term `cap price' means a
market price specified in the standby loan agreement
above which the project is required to make payments to
the United States.
``(B) Full term.--The term `full term' means the
full term of a standby loan agreement, as specified in
the agreement, which shall not exceed the lesser of 30
years or 90 percent of the projected useful life of the
project (as determined by the Secretary).
``(C) Market price.--The term `market price' means
the average quarterly price of a petroleum price index
specified in the standby loan agreement.
``(D) Minimum price.--The term `minimum price'
means a market price specified in the standby loan
agreement below which the United States is obligated to
make disbursements to the project.
``(E) Output.--The term `output' means some or all
of the liquid or gaseous transportation fuels produced
from the project, as specified in the loan agreement.
``(F) Primary term.--The term `primary term' means
the initial term of a standby loan agreement, as
specified in the agreement, which shall not exceed the
lesser of 20 years or 75 percent of the projected
useful life of the project (as determined by the
Secretary).
``(G) Qualifying ctl project.--The term `qualifying
CTL project' means--
``(i) a commercial-scale project that
converts coal to one or more liquid or gaseous
transportation fuels; or
``(ii) not more than one project at a
facility that converts petroleum refinery waste
products, including petroleum coke, into one or
more liquids or gaseous transportation fuels,
that demonstrates the capture, and sequestration or
disposal or use of, the carbon dioxide produced in the
conversion process, and that, on the basis of a carbon
dioxide sequestration plan prepared by the applicant,
is certified by the Administrator of the Environmental
Protection Agency, in consultation with the Secretary,
as producing fuel with life cycle carbon dioxide
emissions at or below the average life cycle carbon
dioxide emissions for the same type of fuel produced at
traditional petroleum based facilities with similar
annual capacities.
``(H) Standby loan agreement.--The term `standby
loan agreement' means a loan agreement entered into
under paragraph (2).
``(2) Standby loans.--
``(A) Loan authority.--The Secretary may enter into
standby loan agreements with not more than six
qualifying CTL projects, at least one of which shall be
a project jointly or in part owned by two or more small
coal producers. Such an agreement--
``(i) shall provide that the Secretary will
make a direct loan (within the meaning of
section 502(1) of the Federal Credit Reform Act
of 1990) to the qualifying CTL project; and
``(ii) shall set a cap price and a minimum
price for the primary term of the agreement.
``(B) Loan disbursements.--Such a loan shall be
disbursed during the primary term of such agreement
whenever the market price falls below the minimum
price. The amount of such disbursements in any calendar
quarter shall be equal to the excess of the minimum
price over the market price, times the output of the
project (but not more than a total level of
disbursements specified in the agreement).
``(C) Loan repayments.--The Secretary shall
establish terms and conditions, including interest
rates and amortization schedules, for the repayment of
such loan within the full term of the agreement,
subject to the following limitations:
``(i) If in any calendar quarter during the
primary term of the agreement the market price
is less than the cap price, the project may
elect to defer some or all of its repayment
obligations due in that quarter. Any unpaid
obligations will continue to accrue interest.
``(ii) If in any calendar quarter during
the primary term of the agreement the market
price is greater than the cap price, the
project shall meet its scheduled repayment
obligation plus deferred repayment obligations,
but shall not be required to pay in that
quarter an amount that is more than the excess
of the market price over the cap price, times
the output of the project.
``(iii) At the end of the primary term of
the agreement, the cumulative amount of any
deferred repayment obligations, together with
accrued interest, shall be amortized (with
interest) over the remainder of the full term
of the agreement.
``(3) Profit-sharing.--The Secretary is authorized to enter
into a profit-sharing agreement with the project at the time
the standby loan agreement is executed. Under such an
agreement, if the market price exceeds the cap price in a
calendar quarter, a profit-sharing payment shall be made for
that quarter, in an amount equal to--
``(A) the excess of the market price over the cap
price, times the output of the project; less
``(B) any loan repayments made for the calendar
quarter.
``(4) Compliance with federal credit reform act.--
``(A) Upfront payment of cost of loan.--No standby
loan agreement may be entered into under this
subsection unless the project makes a payment to the
United States that the Office of Management and Budget
determines is equal to the cost of such loan
(determined under 502(5)(B) of the Federal Credit
Reform Act of 1990). Such payment shall be made at the
time the standby loan agreement is executed.
``(B) Minimization of risk to the government.--In
making the determination of the cost of the loan for
purposes of setting the payment for a standby loan
under subparagraph (A), the Secretary and the Office of
Management and Budget shall take into consideration the
extent to which the minimum price and the cap price
reflect historical patterns of volatility in actual oil
prices relative to projections of future oil prices,
based upon publicly available data from the Energy
Information Administration, and employing statistical
methods and analyses that are appropriate for the
analysis of volatility in energy prices.
``(C) Treatment of payments.--The value to the
United States of a payment under subparagraph (A) and
any profit-sharing payments under paragraph (3) shall
be taken into account for purposes of section
502(5)(B)(iii) of the Federal Credit Reform Act of 1990
in determining the cost to the Federal Government of a
standby loan made under this subsection. If a standby
loan has no cost to the Federal Government, the
requirements of section 504(b) of such Act shall be
deemed to be satisfied.
``(5) Other provisions.--
``(A) No double benefit.--A project receiving a
loan under this subsection may not, during the primary
term of the loan agreement, receive a Federal loan
guarantee under subsection (a) of this section, or
under other laws.
``(B) Subrogation, etc.--Subsections (g)(2)
(relating to subrogation), (h) (relating to fees), and
(j) (relating to full faith and credit) shall apply to
standby loans under this subsection to the same extent
they apply to loan guarantees.''.
|
Coal Liquid Fuel Act - Amends the Energy Policy Act of 2005 to authorize the Secretary of Energy to enter into: (1) standby loan agreements with up to six qualifying CTL projects, at least one of which shall be owned by two or more small coal producers; and (2) a profit-sharing agreement with the project at the time the standby loan agreement is executed.
Defines "qualifying CTL project" as: (1) a commercial-scale project that converts coal to liquid or gaseous transportation fuels; or (2) not more than one project at a facility that converts petroleum refinery waste products, including petroleum coke, into liquids or gaseous transportation fuels, and demonstrates the capture, sequestration, or disposition of carbon dioxide produced in the conversion process.
|
{"src": "billsum_train", "title": "To provide for a standby loan program for certain coal-to-liquid projects."}
| 1,709 | 171 | 0.694209 | 2.032009 | 0.749537 | 5.127517 | 10.651007 | 0.95302 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Service Fellowship Program
Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Secretary of State Hillary Clinton has said that a
critical component of our efforts to bolster national and
global security is to ``find common ground and common purpose
with other peoples'' and to invest in social development.
(2) Polling data from Terror Free Tomorrow indicates that
nearly 60 percent of the people of Indonesia and 75 percent of
the people of Pakistan held more favorable views of the United
States following humanitarian assistance after their tsunami
and earthquake tragedies, respectively, and these changes in
perception of the United States were sustained beyond the
initial period of aid and service.
(3) International volunteering opportunities are effective
means of addressing critical human needs, building bridges
across cultures, and promoting mutual understanding.
(4) Current volunteer programs, such as the Peace Corps,
remain an important part of Federal efforts to promote
volunteer service and provide related programming.
(5) Financial limitations are a common obstacle to
volunteering overseas, and awarding financial fellowships would
reduce barriers for many individuals otherwise unable to afford
travel overseas.
(6) Allowing flexibility in the duration of volunteering
opportunities would reduce another barrier to volunteering.
(7) A global service fellowship program would provide
funding and programmatic flexibility for volunteers of all
backgrounds, ages, and geographical locations.
(8) Eligible organizations willing to participate in the
fellowship program as sponsoring organizations would be in a
better position to recruit volunteers for their programs
overseas.
(9) The United States Agency for International Development
has taken important steps towards encouraging this kind of a
program through the creation of Volunteers for Prosperity,
which promotes international volunteer service by skilled
professionals from the United States but has never been
formally authorized.
SEC. 3. VOLUNTEERS FOR PROSPERITY.
(a) Establishment.--Consistent with Executive Order 13317 (68 Fed.
Reg. 56515), the Administrator of the United States Agency for
International Development shall establish the Office of Volunteers for
Prosperity.
(b) Purpose.--The Office of Volunteers for Prosperity shall pursue
the objectives described in section 4(d)(2), including by--
(1) implementing the Global Service Fellowship Program
established under section 4;
(2) promoting other short and long-term international
volunteering opportunities;
(3) promoting the efforts of Global Service Fellows as part
of the public diplomacy efforts of the United States
Government;
(4) helping eligible United States sponsoring
organizations, as described in section 4(e)(3)(A), to recruit
and effectively manage skilled United States professionals for
volunteer assignments overseas; and
(5) providing recognition for volunteers from the United
States who serve internationally, and the organizations
sponsoring them.
SEC. 4. GLOBAL SERVICE FELLOWSHIP PROGRAM.
(a) Establishment.--The Administrator of the United States Agency
for International Development shall establish and administer a program
to be known as the Global Service Fellowship Program (in this section
referred to as the ``Program'').
(b) Purpose.--The purpose of the Program is to fund fellowships to
promote international volunteering opportunities as a means of building
bridges across cultures, addressing critical human needs, and promoting
mutual understanding.
(c) Fellowships.--Grants awarded under the Program shall be used to
fund fellowships as follows:
(1) Fellowships lasting 90 days or less in duration may be
funded at levels of up to $2,500.
(2) Fellowships lasting between 91 days and 180 days may be
funded at levels up to $5,000.
(3) Fellowships lasting between 181 days and one year may
be funded at levels up to $7,500.
(d) Coordination With Sponsoring Organizations.--
(1) In general.--Fellows shall undertake their volunteer
opportunity in coordination with an eligible volunteer
sponsoring organization. Such organizations shall be registered
with the Administrator and shall collaborate with host country
organizations in developing, as appropriate, fellowships that
appropriately address local needs, maximize the transfer of
skills, and build local capacity.
(2) Prioritization of projects.--Decisions to award
fellowships shall be prioritized according to humanitarian and
development goals of the United States Government, including
the following:
(A) Eradication of extreme poverty in conjunction
with the United Nations Millennium Development Goals.
(B) Achievement of universal primary education.
(C) Promotion of gender equality and the
empowerment of women and families.
(D) Reducing child mortality and improving maternal
health.
(E) Providing medical and dental health care and
prevention.
(F) Providing assistance for the elderly, orphans,
people with disabilities, and refugees.
(G) Promoting environmental sustainability.
(H) Providing economic and social opportunities for
young people in countries with significant youth
populations, including promoting youth service by
building related volunteer-sector capacity in host
countries.
(I) Combating HIV/AIDS, malaria, and other
infectious diseases.
(J) Helping to build or provide decent housing.
(K) Providing disaster and humanitarian response,
preparedness, and reconstruction.
(L) Promoting cross-cultural exchange, language
education, conflict resolution, and peace.
(M) Developing global partnerships for development
in the areas of economic growth, microenterprise, asset
development, and agricultural and rural development.
(N) Advancing access to information technology and
strengthening civil society.
(e) Application Process.--
(1) Submission and review of applications.--Applicants
shall submit applications for fellowships under the Program to
the Administrator of the United States Agency for International
Development.
(2) Selection.--The Administrator of the United States
Agency for International Development shall determine the
eligibility of candidates and, in coordination with sponsoring
organizations, award and administer fellowships under the
Program.
(3) Criteria.--The Administrator of the United States
Agency for International Development shall develop and publish
criteria for fellowships in accordance with the following
guidelines:
(A) Sponsoring organizations.--Applicants for
Global Service Fellowships must be registered with
qualified sponsoring organizations such as--
(i) nongovernmental organizations based in
the United States that sponsor international
volunteer service;
(ii) faith-based organizations engaged in
the delivery of nonsectarian services;
(iii) universities and colleges operating
international service learning and volunteer
service programs; and
(iv) nongovernmental organizations based in
the United States that collaborate with local
or national host government agencies or
nongovernmental organizations in promoting
volunteer capacity and national and community
service activities consistent with the
prioritized humanitarian and development goals
set forth in subsection (d)(2).
(B) Applicants.--Applicants shall be selected for
Global Service Fellowships as follows:
(i) Applicants shall have clearly defined
and structured goals for their proposed
fellowships, including a plan for assessing and
monitoring progress toward such goals with
sponsoring organizations and a basis for
follow-up and review by the Administrator of
the United States Agency for International
Development.
(ii) Priority should be given to--
(I) applicants from households with
an income that is less than 200 percent
of the poverty level established
pursuant to current census figures;
(II) applicants who have
demonstrated prior community service
experience;
(III) applicants with skills and
experience suited to the specific needs
of host organizations;
(IV) applicants who demonstrate a
clear plan to communicate their
volunteer experiences to their
community upon their return; and
(V) applicants whose physical
residence would ensure a diverse
geographical distribution of awardees
from across the United States.
(f) Reporting Requirement.--
(1) Notification of awards.--The Administrator of the
United States Agency for International Development shall notify
Members of Congress of the decision to award a fellowship to
their constituents at least 2 business days prior to
notification to the awardee and shall provide intended travel
dates and project summaries of the fellows. Members of Congress
may then elect to notify the constituent of the award.
(2) Reports.--Not later than 90 days after returning from
service abroad under the Program, fellows shall submit such
reports as the Administrator of the United States Agency for
International Development may require, including post-
fellowship reports prepared for their home communities, to the
Administrator of the United States Agency for International
Development and their congressional representatives.
(g) Eligible Costs.--
(1) In general.--Funds awarded under this section may be
used by the sponsoring organization to cover the following
costs associated with Global Service Fellowships:
(A) Airfare, accommodations, and transportation
within the host country.
(B) Fees assessed by sponsoring organizations to
defray international service program costs and
administrative costs.
(C) Subsistence allowance in accordance with local
market conditions.
(D) Program materials and tools used for service-
related purposes.
(E) Language and cultural training and other costs
associated with pre-service project orientation.
(2) Tuition not covered.--Funds awarded under this section
may not be used for tuition costs.
(h) Nondiscrimination Requirements.--
(1) Selection of applicants.--The selection of applicants
under subsection (e) shall be without regard to race, religion,
color, national origin, sex, age, political affiliation, sexual
orientation, or disability.
(2) Sponsoring organizations.--
(A) In general.--A sponsoring organization shall
not discriminate against a Global Service Fellowship
Program participant or applicant, a beneficiary of any
project in which a Global Service Fellow participates,
or, except as provided in subparagraph (B), an employee
of the organization who is paid with assistance
provided under the Program on the basis of race,
religion, color, national origin, sex, age, political
affiliation, sexual orientation, or disability.
(B) Limited exception for employees of sponsoring
organizations employed at time of awarding of funds.--
The prohibition under subparagraph (A) on
discrimination on the basis of religion shall not apply
to the employment, with assistance provided under this
Program, of any employee who was employed with the
sponsoring organization on the date that the funds were
awarded.
SEC. 5. EVALUATION AND REPORT.
(a) Evaluation of Global Service Fellowship Program.--The
Administrator of the United States Agency for International Development
shall establish and implement an evaluation process for determining the
effectiveness of the Global Service Fellowship Program.
(b) Report.--Not later than March 31, 2011, the Administrator of
the United States Agency for International Development shall submit to
the Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives a report on the Global
Service Fellowships Program established under section 4. The report
shall describe--
(1) the identity and location of sponsoring organizations;
(2) for each humanitarian or development goal identified by
sponsoring organizations, the number of volunteer opportunities
and the number of related Global Service Fellowships that have
been funded;
(3) the number of volunteers recruited or engaged with
Global Service Fellows and their sponsoring organizations or
local host organizations;
(4) the locations of volunteer services;
(5) the effectiveness of such services based upon findings
of the evaluation process; and
(6) the total numbers of applications for Global Service
Fellowships that have been received and accepted to the
Program.
SEC. 6. REGULATIONS.
The Administrator of the United States Agency for International
Development shall prescribe regulations to carry out the provisions of
this Act.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Funding.--There is authorized to be appropriated to the
Secretary of State $15,000,000 for each of fiscal years 2010 through
2012 for the Office of Volunteers for Prosperity and the Global Service
Fellowship Program.
(b) Allocation of Funds.--Of the amounts appropriated pursuant to
subsection (a)--
(1) not less than 90 percent of expended amounts shall be
used to fund Global Service Fellowships; and
(2) not more than 10 percent of expended amounts may be
used for administrative expenses of the Office of Volunteers
for Prosperity and the Global Service Fellowship Program.
(c) Offset.--In order to provide an offset for amounts appropriated
pursuant to subsection (a), the Internal Revenue Service shall deposit
in the Treasury as miscellaneous receipts all of the fees it receives
for services.
|
Global Service Fellowship Program Act of 2009 - Directs the Administrator of the United States Agency for International Development (USAID) to: (1) establish and administer a Global Service Fellowship Program to fund fellowships to promote international volunteering opportunities as a means of building bridges across cultures, addressing critical human needs, and promoting mutual understanding; and (2) establish the Office of Volunteers for Prosperity to implement the Global Service Fellowship Program.
Sets forth Program provisions.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "A bill to establish a Global Service Fellowship Program and to authorize Volunteers for Prosperity, and for other purposes."}
| 2,596 | 103 | 0.518594 | 1.521514 | 1.443405 | 5.21978 | 27.659341 | 0.956044 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consortia-Led Energy Advancement
Networks Act'' or the ``CLEAN Act''.
SEC. 2. CLEAN ENERGY CONSORTIA.
(a) Purpose.--The Secretary shall carry out a program to establish
Clean Energy Consortia to enhance the Nation's economic, environmental,
and energy security by promoting commercial application of clean energy
technology and ensuring that the United States maintains a
technological lead in the development and commercial application of
state-of-the-art energy technologies. To achieve these purposes the
program shall leverage the expertise and resources of the university
and private research communities, industry, venture capital, national
laboratories, and other participants in energy innovation to support
collaborative, cross-disciplinary research and development in areas not
being served by the private sector in order to develop and accelerate
the commercial application of innovative clean energy technologies.
(b) Definitions.--For purposes of this section:
(1) Clean energy technology.--The term ``clean energy
technology'' means a technology that--
(A) produces energy from solar, wind, geothermal,
biomass, tidal, wave, ocean, and other renewable energy
resources (as such term is defined in section 610 of
the Public Utility Regulatory Policies Act of 1978);
(B) more efficiently transmits, distributes, or
stores energy;
(C) enhances energy efficiency for buildings and
industry, including combined heat and power;
(D) enables the development of a Smart Grid (as
described in section 1301 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17381)), including
integration of renewable energy resources and
distributed generation, demand response, demand side
management, and systems analysis;
(E) produces an advanced or sustainable material
with energy or energy efficiency applications;
(F) improves energy efficiency for transportation,
including electric vehicles; or
(G) enhances water security through improved water
management, conservation, distribution, and end use
applications.
(2) Cluster.--The term ``cluster'' means a network of
entities directly involved in the research, development,
finance, and commercial application of clean energy
technologies whose geographic proximity facilitates utilization
and sharing of skilled human resources, infrastructure,
research facilities, educational and training institutions,
venture capital, and input suppliers.
(3) Consortium.--The term ``Consortium'' means a Clean
Energy Consortium established in accordance with this section.
(4) Project.--The term ``project'' means an activity with
respect to which a Consortium provides support under subsection
(e).
(5) Qualifying entity.--The term ``qualifying entity''
means each of the following:
(A) A research university.
(B) A State or Federal institution with a focus on
the advancement of clean energy technologies.
(C) A nongovernmental organization with research or
technology transfer expertise in clean energy
technology development.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Technology development focus.--The term ``technology
development focus'' means the unique clean energy technology or
technologies in which a Consortium specializes.
(8) Translational research.--The term ``translational
research'' means coordination of basic or applied research with
technical applications to enable promising discoveries or
inventions to achieve commercial application of energy
technology.
(c) Role of the Secretary.--The Secretary shall--
(1) have ultimate responsibility for, and oversight of, all
aspects of the program under this section;
(2) select recipients of grants for the establishment and
operation of Consortia through a competitive selection process;
(3) coordinate the innovation activities of Consortia with
those occurring through other Department of Energy entities,
including the National Laboratories, the Advanced Research
Projects Agency--Energy, Energy Innovation Hubs, and Energy
Frontier Research Collaborations, and within industry,
including by annually--
(A) issuing guidance regarding national energy
research and development priorities and strategic
objectives; and
(B) convening a conference of staff of the
Department of Energy and representatives from such
other entities to share research results, program
plans, and opportunities for collaboration.
(d) Entities Eligible for Support.--A consortium shall be eligible
to receive support under this section if--
(1) it is composed of--
(A) 2 research universities with a combined annual
research budget of $500,000,000; and
(B) 1 or more additional qualifying entities;
(2) its members have established a binding agreement that
documents--
(A) the structure of the partnership agreement;
(B) a governance and management structure to enable
cost-effective implementation of the program;
(C) a conflicts of interest policy consistent with
subsection (e)(1)(B);
(D) an accounting structure that meets the
requirements of the Department of Energy and can be
audited under subsection (f)(4); and
(E) that it has an External Advisory Committee
consistent with subsection (e)(3);
(3) it receives funding from States, consortium
participants, or other non-Federal sources, to be used to
support project awards pursuant to subsection (e);
(4) it is part of an existing cluster or demonstrates high
potential to develop a new cluster; and
(5) it operates as a nonprofit organization.
(e) Clean Energy Consortia.--
(1) Role.--A Consortium shall support translational
research activities leading to commercial application of clean
energy technologies, in accordance with the purposes of this
section, through issuance of awards to projects managed by
qualifying entities and other entities meeting the Consortium's
project criteria. Each Consortium shall--
(A) develop and make available to the public
through the Department of Energy's Web site proposed
plans, programs, project selection criteria, and terms
for individual project awards under this subsection;
(B) establish conflict of interest procedures,
consistent with those of the Department of Energy, to
ensure that employees and designees for Consortium
activities who are in decisionmaking capacities
disclose all material conflicts of interest, including
financial, organizational, and personal conflicts of
interest;
(C) establish policies--
(i) to prevent resources provided to the
Consortium from being used to displace private
sector investment otherwise likely to occur,
including investment from private sector
entities that are members of the Consortium;
(ii) to facilitate the participation of
private entities that invest in clean energy
technologies to perform due diligence on award
proposals, to participate in the award review
process, and to provide guidance to projects
supported by the Consortium; and
(iii) to facilitate the participation of
parties with a demonstrated history of
commercial application of clean energy
technologies in the development of Consortium
projects;
(D) oversee project solicitations, review proposed
projects, and select projects for awards; and
(E) monitor project implementation.
(2) Distribution of awards.--Consortia, with prior approval
of the Secretary, shall distribute awards under this subsection
to support clean energy technology projects conducting
translational research, provided that at least 50 percent of
such support shall be provided to projects related to a
Consortium's clean energy technology development focus. Upon
approval by the Secretary, all remaining funds shall be
available to support any clean energy technology projects
conducting translational research.
(3) External advisory committee.--
(A) In general.--Each Consortium shall establish an
External Advisory Committee, the members of which shall
have extensive and relevant scientific, technical,
industry, financial, or research management expertise.
The External Advisory Committee shall review the
Consortium's proposed plans, programs, project
selection criteria, and projects and shall ensure that
projects selected for awards meet the conflict of
interest policies of the Consortium. External Advisory
Committee members other than those representing
Consortium members shall serve for no more than 3
years. All External Advisory Committee members shall
comply with the Consortium's conflict of interest
policies and procedures.
(B) Members.--The External Advisory Committee shall
consist of--
(i) 5 members selected by the Consortium's
research universities;
(ii) 2 members selected by the Consortium's
other qualifying entities;
(iii) 2 members selected at large by other
External Advisory Committee members to
represent the entrepreneur and venture capital
communities; and
(iv) 1 member appointed by the Secretary.
(4) Conflict of interest.--The Secretary may disqualify an
application or revoke funds distributed to a Consortium if the
Secretary discovers a failure to comply with conflict of
interest procedures established under paragraph (1)(B).
(f) Grants.--
(1) In general.--The Secretary shall make grants under this
section in accordance with section 989 of the Energy Policy Act
of 2005 (42 U.S.C. 16353). The Secretary shall award grants, on
a competitive basis, to 6 regional Consortia, each for an
initial period not to exceed 5 years. The Secretary may extend
the term of such award by up to 5 additional years, and a
Consortium may compete to receive an increase in funding that
it shall receive during any such extension. A Consortium shall
be eligible to compete for a new award after the expiration of
the term of any award, including any extension of such term,
under this subsection.
(2) Amount.--Grants under this subsection shall be in an
aggregate amount not greater than $120,000,000 per fiscal year.
(3) Use.--Grants distributed under this section shall be
used exclusively to support project awards pursuant to
subsection (e)(1) and (2), provided that a Consortium may use
not more than 10 percent of the amount of its grant for its
administrative expenses related to making such awards. Grants
made under this section shall not be used for construction of
new buildings or facilities, and construction of new buildings
or facilities shall not be considered as part of the non-
Federal share of a cost sharing agreement under this section.
(4) Audit.--Consortia shall conduct, in accordance with
such requirements as the Secretary may prescribe, annual audits
to determine the extent to which grants distributed to
Consortia under this subsection, and awards under subsection
(e), have been utilized in a manner consistent with this
section. Auditors shall transmit a report of the results of
each audit to the Secretary and to the Government
Accountability Office. The Secretary shall include such reports
in an annual report to Congress, along with a plan to remedy
any deficiencies cited in the reports. The Government
Accountability Office may review such audits as appropriate and
shall have full access to the books, records, and personnel of
Consortia to ensure that grants distributed to Consortia under
this subsection, and awards made under subsection (e), have
been utilized in a manner consistent with this section.
(5) Revocation of awards.--The Secretary shall have
authority to review awards made under this subsection and to
revoke such awards if the Secretary determines that a
Consortium has used the award in a manner not consistent with
the requirements of this section.
|
Consortia-Led Energy Advancement Networks Act or the CLEAN Act - Requires the Secretary of Energy (DOE) to carry out a program to establish Clean Energy Consortia to enhance the nation's economic, environmental, and energy security by promoting commercial application of clean energy technology and ensuring that the United States maintains a technological lead in the development and commercial application of state-of-the-art energy technologies.
Defines "clean energy technology" to mean a technology that: (1) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, and other renewable energy resources (as defined by the Public Utility Regulatory Policies Act of 1978); (2) more efficiently transmits, distributes, or stores energy; (3) enhances energy efficiency for buildings and industry; (4) enables the development of a Smart Grid (as defined by the Energy Independence and Security Act of 2007); (5) produces an advanced or sustainable material with energy or energy efficiency applications; (6) improves energy efficiency for transportation; or (7) enhances water security through improved water management, conservation, distribution, and end use applications.
Requires such Consortia, with prior approval of the Secretary, to distribute awards to support clean energy technology projects conducting translational research. Defines "translational research" as coordination of research with technical applications to enable discoveries or inventions to achieve commercial application of energy technology. Requires at least 50% of such support to be provided to projects related to such Consortium's clean energy technology development focus.
Requires each Consortium to establish an External Advisory Committee to review the Consortium's proposed plans, programs, project selection, and projects.
Requires the Secretary to award grants to six regional Consortia, each for an initial period not to exceed five years for such clean energy technology projects. Authorizes the Secretary to extend such award term by up to five additional years. Prohibits grants from being used for construction of new buildings or facilities.
|
{"src": "billsum_train", "title": "To provide for the establishment of Clean Energy Consortia to enhance the Nation's economic, environmental, and energy security by promoting commercial application of clean energy technology."}
| 2,326 | 436 | 0.753536 | 2.421477 | 0.804355 | 5.186842 | 5.905263 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plug-In Hybrid Electric Vehicle Act
of 2006''.
SEC. 2. NEAR-TERM VEHICLE TECHNOLOGY PROGRAM.
(a) Definitions.--In this section:
(1) Battery.--The term ``battery'' means a device or system
for the electrochemical storage of energy.
(2) Biomass.--The term ``biomass'' has meaning given the
term in section 932 of the Energy Policy Act of 2005 (42 U.S.C.
16232).
(3) E85.--The term ``E85'' means a fuel blend containing 85
percent ethanol and 15 percent gasoline by volume.
(4) Electric drive transportation technology.--The term
``electric drive transportation technology'' means--
(A) vehicles that use an electric motor for all or
part of their motive power and that may or may not use
offboard electricity, including battery electric
vehicles, fuel cell vehicles, hybrid electric vehicles,
plug-in hybrid electric vehicles, flexible fuel plug-in
hybrid electric vehicles, and electric rail; and
(B) related equipment, including electric equipment
necessary to recharge a plug-in hybrid electric
vehicle.
(5) Flexible fuel plug-in hybrid electric vehicle.--The
term ``flexible fuel plug-in hybrid electric vehicle'' means a
plug-in hybrid electric vehicle--
(A) warranted by its manufacturer as capable of
operating on any combination of gasoline or E85 for its
onboard internal combustion or heat engine; or
(B) that uses a fuel cell for battery charging when
disconnected from offboard power sources.
(6) Fuel cell vehicle.--The term ``fuel cell vehicle''
means an onroad vehicle that uses a fuel cell (as defined in
section 803 of the Energy Policy Act of 2005 (42 U.S.C.
16152)).
(7) Hybrid electric vehicle.--The term ``hybrid electric
vehicle'' means an onroad vehicle that--
(A) can operate on either liquid combustible fuel
or electric power provided by an onboard battery; and
(B) utilizes regenerative power capture technology
to recover energy expended in braking the vehicle for
use in recharging the battery.
(8) Plug-in hybrid electric vehicle.--The term ``plug-in
hybrid electric vehicle'' means a hybrid electric vehicle that
can operate solely on electric power for a minimum of 20 miles
under city driving conditions, and that is capable of
recharging its battery from an offboard electricity source.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Program.--The Secretary shall conduct a program of research,
development, demonstration, and commercial application on technologies
needed for the development of plug-in hybrid electric vehicles,
including--
(1) high capacity, high efficiency batteries, to--
(A) improve battery life, energy storage capacity,
and power delivery capacity, and lower cost; and
(B) minimize waste and hazardous material
production in the entire value chain, including after
the end of the useful life of the batteries;
(2) high efficiency onboard and offboard charging
components;
(3) high power drive train systems for passenger and
commercial vehicles and for supporting equipment;
(4) onboard energy management systems, power trains, and
systems integration for plug-in hybrid electric vehicles,
flexible fuel plug-in hybrid electric vehicles, and hybrid
electric vehicles, including efficient cooling systems and
systems that minimize the emissions profile of such vehicles;
and
(5) lightweight materials, including research, development,
demonstration, and commercial application to reduce the cost of
materials such as steel alloys and carbon fibers.
(c) Plug-in Hybrid Electric Vehicle Demonstration Program.--
(1) Establishment.--The Secretary shall establish a
competitive grant pilot demonstration program to provide not
more than 25 grants annually to State governments, local
governments, metropolitan transportation authorities, or
combinations thereof to carry out a project or projects for
demonstration of plug-in hybrid electric vehicles.
(2) Applications.--
(A) Requirements.--The Secretary shall issue
requirements for applying for grants under the
demonstration pilot program. The Secretary shall
require that applications, at a minimum, include a
description of how data will be--
(i) collected on the--
(I) performance of the vehicle or
vehicles and the components, including
the battery, energy management, and
charging systems, under various driving
speeds, trip ranges, traffic, and other
driving conditions;
(II) costs of the vehicle or
vehicles, including acquisition,
operating, and maintenance costs, and
how the project or projects will be
self-sustaining after Federal
assistance is completed; and
(III) emissions of the vehicle or
vehicles, including greenhouse gases,
and the amount of petroleum displaced
as a result of the project or projects;
and
(ii) summarized for dissemination to the
Department, other grantees, and the public.
(B) Partners.--An applicant under subparagraph (A)
may carry out a project or projects under the pilot
program in partnership with one or more private
entities.
(3) Selection criteria.--
(A) Preference.--When making awards under this
subsection, the Secretary shall consider each
applicant's previous experience involving plug-in
hybrid electric vehicles and shall give preference to
proposals that--
(i) provide the greatest demonstration per
award dollar, with preference increasing as the
number of miles that a plug-in hybrid electric
vehicle can operate solely on electric power
under city driving conditions increases; and
(ii) demonstrate the greatest commitment on
the part of the applicant to ensure funding for
the proposed project or projects and the
greatest likelihood that each project proposed
in the application will be maintained or
expanded after Federal assistance under this
subsection is completed.
(B) Breadth of demonstrations.--In awarding grants
under this subsection, the Secretary shall ensure the
program will demonstrate plug-in hybrid electric
vehicles under various circumstances, including--
(i) driving speeds;
(ii) trip ranges;
(iii) driving conditions;
(iv) climate conditions; and
(v) topography,
to optimize understanding and function of plug-in
hybrid electric vehicles.
(5) Pilot project requirements.--
(A) Subsequent funding.--An applicant that has
received a grant in one year may apply for additional
funds in subsequent years, but the Secretary shall not
provide more than $10,000,000 in Federal assistance
under the pilot program to any applicant for the period
encompassing fiscal years 2007 through fiscal year
2011.
(B) Information.--The Secretary shall establish
mechanisms to ensure that the information and knowledge
gained by participants in the pilot program are shared
among the pilot program participants and are available
to other interested parties, including other
applicants.
(6) Award amounts.--The Secretary shall determine grant
amounts, but the maximum size of grants shall decline as the
cost of producing plug-in hybrid electric vehicles declines or
the cost of converting a hybrid electric vehicle to a plug-in
hybrid electric vehicle declines.
(d) Cost Sharing.--The Secretary shall carry out the program under
this section in compliance with section 988(a) through (d) and section
989 of the Energy Policy Act of 2005 (42 U.S.C. 16352(a) through (d)
and 16353).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
(1) for carrying out subsection (b), $250,000,000 for each
of fiscal years 2007 through 2011, of which up to $50,000,000
may be used for the program described in paragraph (5) of that
subsection; and
(2) for carrying out subsection (c), $50,000,000 for each
of fiscal years 2007 through 2011.
|
Plug-In Hybrid Electric Vehicle Act of 2006 - Directs the Secretary of Energy to: (1) conduct a program of research, development, demonstration, and commercial application of technologies needed for the development of plug-in hybrid electric vehicles; and (2) establish a competitive grant pilot demonstration program to provide up to 25 grants annually to state and local governments and metropolitan transportation authorities, or combinations of them, to implement demonstration projects for plug-in hybrid electric vehicles.
|
{"src": "billsum_train", "title": "To reduce the Nation's dependence on foreign sources of oil by promoting plug-in hybrid electric vehicles and related advanced vehicle technologies."}
| 1,669 | 95 | 0.551588 | 1.244405 | 0.379955 | 5.032609 | 17.173913 | 0.967391 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care Infant Mortality
Prevention Act of 2013''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) For millions of today's working families, child care is
an essential ingredient of their success. Child care helps
children, families, and communities prosper, and helps the
Nation maintain its competitive edge.
(2) Close to 12,000,000 children under age 5, and
10,000,000 over the age of 5, are in some type of child care
setting each day.
(3) More than 60 percent of children are cared for
regularly in a child care setting.
(4) Recent polls of working parents found that parents are
primarily concerned about safety and quality of care, followed
by cost.
(5) Nationally, the most common form of death among post-
neonatal infants under age 1 is death occurring during sleep,
as a result of incorrect sleeping practices.
(6) According to the Centers for Disease Control and
Prevention, each year in the United States, more than 4,500
infants die suddenly of no immediately obvious cause. Half of
these sudden unexpected infant deaths are due to Sudden Infant
Death Syndrome, the leading cause of sudden unexpected infant
deaths and all deaths among infants who are not younger than 1
month but younger than 12 months.
(7) Researchers estimate that child care settings account
for at least 20 percent of sudden unexpected infant deaths in
the United States.
(8) In its 2011 report on child care center licensing
regulations, Child Care Aware of America, formerly known as the
National Association of Child Care Resource and Referral
Agencies, noted that--
(A) extensive research and recommendations from
organizations like the American Academy of Pediatrics
and the National Centers for Disease Control and
Prevention favor simple life-saving safe sleep
strategies to eliminate serious risk factors for Sudden
Infant Death Syndrome and sudden unexpected infant
death; and
(B) the strategies noted in subparagraph (A) are
not universally required under the Child Care and
Development Block Grant Act of 1990 nor in the majority
of State child care regulations.
SEC. 3. GOALS.
Section 658A(b)(5) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 9858 note) is amended to read as follows:
``(5) to ensure the health, safety, development and well-
being of children in programs supported under this subchapter
and to assist States in improving the overall quality of child
care services and programs by implementing the health, safety,
licensing, and oversight standards established in State law
(including regulations).''.
SEC. 4. APPLICATION AND PLAN.
Section 658E(c)(2)(F) of the Child Care and Development Block Grant
Act of 1990 (42 U.S.C. 6858c(c)(2)(F)) is amended by striking clause
(iii) and all that follows and inserting the following:
``(iii) minimum health and safety training
appropriate to the provider setting, including
training on cardiopulmonary resuscitation,
first aid, safe sleep practices and other
sudden unexpected infant death prevention
strategies.''.
SEC. 5. ACTIVITIES TO PROMOTE CHILD SAFETY AND IMPROVE THE QUALITY OF
CHILD CARE.
Section 658G of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858e) is amended--
(1) by striking ``choice, and'' and inserting ``choice,'';
and
(2) by striking the period and inserting ``training
(including training in safe sleep practices, first aid, and
cardiopulmonary resuscitation), and other activities designed
to ensure and improve the health and safety of children
receiving child care services under this subchapter.''.
SEC. 6. DISSEMINATION OF MATERIALS AND INFORMATION ON SAFE SLEEP AND
OTHER SUDDEN UNEXPECTED INFANT DEATH PREVENTION
STRATEGIES.
Section 658K of the Child Care and Development Block Grant Act of
1990 (42 U.S.C. 9858i) is amended--
(1) by striking the section header and inserting the
following:
``SEC. 658K. REPORTS, AUDITS, AND INFORMATION.'';
and
(2) by adding at the end the following:
``(c) Information on Sudden Unexpected Infant Death Prevention
Strategies.--The Secretary, working with the Director of the Centers
for Disease Control and Prevention and the Director of the Eunice
Kennedy Shriver National Institute of Child Health and Human
Development, shall--
``(1) update training, instructional materials, and other
information on safe sleep practices and other sudden unexpected
infant death prevention strategies; and
``(2) widely distribute the training, materials, and
information to parents, child care providers, pediatricians,
home visitors, community colleges, and other individuals and
entities.''.
|
Child Care Infant Mortality Prevention Act of 2013 - Amends the Child Care and Development Block Grant Act of 1990 to revise the requirements for a state plan to administer a child care development block grant. Requires the minimum health and safety training appropriate to a child care provider mandatory under state or local law, and certified by the state plan, to include training on cardiopulmonary resuscitation, first aid, safe sleep practices, and other sudden unexpected infant death prevention strategies.
|
{"src": "billsum_train", "title": "Child Care Infant Mortality Prevention Act of 2013"}
| 1,073 | 105 | 0.524225 | 1.399426 | 0.580903 | 3.367816 | 11.287356 | 0.885057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SEC Regulatory Accountability Act''.
SEC. 2. CONSIDERATION BY THE SECURITIES AND EXCHANGE COMMISSION OF THE
COSTS AND BENEFITS OF ITS REGULATIONS AND CERTAIN OTHER
AGENCY ACTIONS.
Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w)
is amended by adding at the end the following:
``(e) Consideration of Costs and Benefits.--
``(1) In general.--Before issuing a regulation under the
securities laws, as defined in section 3(a), the Commission
shall--
``(A) clearly identify the nature and source of the
problem that the proposed regulation is designed to
address, as well as assess the significance of that
problem, to enable assessment of whether any new
regulation is warranted;
``(B) utilize the Chief Economist to assess the
costs and benefits, both qualitative and quantitative,
of the intended regulation and propose or adopt a
regulation only on a reasoned determination that the
benefits of the intended regulation justify the costs
of the regulation;
``(C) identify and assess available alternatives to
the regulation that were considered, including
modification of an existing regulation, together with
an explanation of why the regulation meets the
regulatory objectives more effectively than the
alternatives; and
``(D) ensure that any regulation is accessible,
consistent, written in plain language, and easy to
understand and shall measure, and seek to improve, the
actual results of regulatory requirements.
``(2) Considerations and actions.--
``(A) Required actions.--In deciding whether and
how to regulate, the Commission shall assess the costs
and benefits of available regulatory alternatives,
including the alternative of not regulating, and choose
the approach that maximizes net benefits. Specifically,
the Commission shall--
``(i) consistent with the requirements of
section 3(f) (15 U.S.C. 78c(f)), section 2(b)
of the Securities Act of 1933 (15 U.S.C.
77b(b)), section 202(c) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(c)), and
section 2(c) of the Investment Company Act of
1940 (15 U.S.C. 80a-2(c)), consider whether the
rulemaking, in addition to being in the
interest of protecting investors, will promote
efficiency, competition, and capital formation;
``(ii) evaluate whether, consistent with
obtaining regulatory objectives, the regulation
is tailored to impose the least burden on
society, including market participants,
individuals, businesses of differing sizes, and
other entities (including State and local
governmental entities), taking into account, to
the extent practicable, the cumulative costs of
regulations; and
``(iii) evaluate whether the regulation is
inconsistent, incompatible, or duplicative of
other Federal regulations.
``(B) Additional considerations.--In addition, in
making a reasoned determination of the costs and
benefits of a potential regulation, the Commission
shall, to the extent that each is relevant to the
particular proposed regulation, take into consideration
the impact of the regulation on--
``(i) investor choice;
``(ii) market liquidity in the securities
markets; and
``(iii) small businesses.
``(3) Explanation and comments.--The Commission shall
explain in its final rule the nature of comments that it
received, including those from the industry or consumer groups
concerning the potential costs or benefits of the proposed rule
or proposed rule change, and shall provide a response to those
comments in its final rule, including an explanation of any
changes that were made in response to those comments and the
reasons that the Commission did not incorporate those industry
group concerns related to the potential costs or benefits in
the final rule.
``(4) Review of existing regulations.--Not later than 1
year after the date of enactment of the SEC Regulatory
Accountability Act, and every 5 years thereafter, the
Commission shall review its regulations to determine whether
any such regulations are outmoded, ineffective, insufficient,
or excessively burdensome, and shall modify, streamline,
expand, or repeal them in accordance with such review. Whenever
pursuant to this paragraph the Commission is engaged in a
review, it shall consider whether an action is necessary or
appropriate in the public interest, the protection of
investors, and whether the action will promote efficiency,
competition, and capital formation. In reviewing any regulation
(including, notwithstanding paragraph (6), a regulation issued
in accordance with formal rulemaking provisions) that subjects
issuers with a public float of $250,000,000 or less to the
attestation and reporting requirements of section 404(b) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), the Commission
shall specifically take into account the large burden of such
regulation when compared to the benefit of such regulation.
``(5) Post-adoption impact assessment.--
``(A) In general.--Whenever the Commission adopts
or amends a regulation designated as a `major rule'
within the meaning of section 804(2) of title 5, United
States Code, it shall state, in its adopting release,
the following:
``(i) The purposes and intended
consequences of the regulation.
``(ii) Appropriate post-implementation
quantitative and qualitative metrics to measure
the economic impact of the regulation and to
measure the extent to which the regulation has
accomplished the stated purposes.
``(iii) The assessment plan that will be
used, consistent with the requirements of
subparagraph (B) and under the supervision of
the Chief Economist of the Commission, to
assess whether the regulation has achieved the
stated purposes.
``(iv) Any unintended or negative
consequences that the Commission foresees may
result from the regulation.
``(B) Requirements of assessment plan and report.--
``(i) Requirements of plan.--The assessment
plan required under this paragraph shall
consider the costs, benefits, and intended and
unintended consequences of the regulation. The
plan shall specify the data to be collected,
the methods for collection and analysis of the
data and a date for completion of the
assessment. The assessment plan shall include
an analysis of any jobs added or lost as a
result of the regulation, differentiating
between public and private sector jobs.
``(ii) Submission and publication of
report.--The Chief Economist shall submit the
completed assessment report to the Commission
no later than 2 years after the publication of
the adopting release, unless the Commission, at
the request of the Chief Economist, has
published at least 90 days before such date a
notice in the Federal Register extending the
date and providing specific reasons why an
extension is necessary. Within 7 days after
submission to the Commission of the final
assessment report, it shall be published in the
Federal Register for notice and comment. Any
material modification of the plan, as necessary
to assess unforeseen aspects or consequences of
the regulation, shall be promptly published in
the Federal Register for notice and comment.
``(iii) Data collection not subject to
notice and comment requirements.--If the
Commission has published its assessment plan
for notice and comment, specifying the data to
be collected and method of collection, at least
30 days prior to adoption of a final regulation
or amendment, such collection of data shall not
be subject to the notice and comment
requirements in section 3506(c) of title 44,
United States Code (commonly referred to as the
Paperwork Reduction Act). Any material
modifications of the plan that require
collection of data not previously published for
notice and comment shall also be exempt from
such requirements if the Commission has
published notice for comment in the Federal
Register of the additional data to be
collected, at least 30 days prior to initiation
of data collection.
``(iv) Final action.--Not later than 180
days after publication of the assessment report
in the Federal Register, the Commission shall
issue for notice and comment a proposal to
amend or rescind the regulation, or publish a
notice that the Commission has determined that
no action will be taken on the regulation. Such
a notice will be deemed a final agency action.
``(6) Covered regulations and other agency actions.--Solely
as used in this subsection, the term `regulation'--
``(A) means an agency statement of general
applicability and future effect that is designed to
implement, interpret, or prescribe law or policy or to
describe the procedure or practice requirements of an
agency, including rules, orders of general
applicability, interpretive releases, and other
statements of general applicability that the agency
intends to have the force and effect of law; and
``(B) does not include--
``(i) a regulation issued in accordance
with the formal rulemaking provisions of
section 556 or 557 of title 5, United States
Code;
``(ii) a regulation that is limited to
agency organization, management, or personnel
matters;
``(iii) a regulation promulgated pursuant
to statutory authority that expressly prohibits
compliance with this provision; and
``(iv) a regulation that is certified by
the agency to be an emergency action, if such
certification is published in the Federal
Register.''.
SEC. 3. SENSE OF CONGRESS RELATING TO OTHER REGULATORY ENTITIES.
It is the sense of the Congress that the Public Company Accounting
Oversight Board should also follow the requirements of section 23(e) of
such Act, as added by this title.
SEC. 4. ACCOUNTABILITY PROVISION RELATING TO OTHER REGULATORY ENTITIES.
A rule adopted by the Municipal Securities Rulemaking Board or any
national securities association registered under section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect
unless the Securities and Exchange Commission determines that, in
adopting such rule, the Board or association has complied with the
requirements of section 23(e) of such Act,
as added by section 2, in the same manner as is required by the
Commission under such section 23(e).
Passed the House of Representatives January 12, 2017.
Attest:
KAREN L. HAAS,
Clerk.
|
SEC Regulatory Accountability Act (Sec. 2) This bill amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC) to: before issuing a regulation under the securities laws, identify the nature and source of the problem that the proposed regulation is designed to address; adopt a regulation only upon a reasoned determination that its benefits justify its costs; identify and assess available alternatives to any regulation; and ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. In determining the costs and benefits of a proposed regulation, the SEC shall consider its impact on investor choice, market liquidity, and small businesses. In addition, the SEC shall: (1) periodically review its existing regulations to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) in accordance with such review, modify, streamline, expand, or repeal them. Whenever it adopts or amends a rule that is "major" (in terms of economic impact), the SEC shall state in its adopting release: (1) the regulation's purposes and intended consequences, (2) metrics for measuring the regulation's economic impact, (3) the assessment plan to be used to assess whether the regulation has achieved its stated purposes, and (4) any foreseeable unintended or negative consequences of the regulation.
|
{"src": "billsum_train", "title": "SEC Regulatory Accountability Act"}
| 2,262 | 321 | 0.626149 | 2.033606 | 0.892731 | 3.362595 | 7.992366 | 0.912214 |
SECTION 1. REPEAL OF WITHHOLDING AND REPORTING WITH RESPECT TO CERTAIN
FOREIGN ACCOUNTS.
(a) In General.--The Internal Revenue Code of 1986 is amended by
striking chapter 4.
(b) Conforming Amendments for Rules for Electronically Filed
Returns.--Section 6011(e)(4) of such Code is amended--
(1) by inserting ``, as in effect on January 1, 2017''
after ``(as defined in section 1471(d)(5)'', and
(2) by striking ``or 1474(a)''.
(c) Conforming Amendment Related to Substitute Dividends.--Section
871(m) of such Code is amended by striking ``chapters 3 and 4'' both
places it appears and inserting ``chapter 3''.
(d) Other Conforming Amendments.--
(1) Section 6414 of such Code is amended by striking ``or
4''.
(2) Paragraph (1) of section 6501(b) of such Code is
amended by striking ``4,''.
(3) Paragraph (2) of section 6501(b) of such Code is
amended--
(A) by striking ``4,'', and
(B) by striking ``and witholding taxes'' in the
heading and inserting ``taxes and tax imposed by
chapter 3''.
(4) Paragraph (3) of section 6513(b) of such Code is
amended--
(A) by striking ``or 4'', and
(B) by striking ``or 1474(b)''.
(5) Section 6513(c) of such Code is amended by striking
``4,''.
(6) Section 6611(e)(4) of the Internal Revenue Code of 1986
is amended by striking ``or 4''.
(7) Paragraph (1) of section 6724(d) of such Code is
amended by striking ``under chapter 4 or''.
(8) Paragraph (2) of section 6724(d) of such Code is
amended by striking ``or 4''.
(e) Effective Date.--The amendments made by this section shall
apply to payments made after the date of the enactment of this Act.
SEC. 2. REPEAL OF INFORMATION REPORTING WITH RESPECT TO FOREIGN
FINANCIAL ASSETS.
(a) In General.--Subpart A of part III of subchapter A of chapter
61 of the Internal Revenue Code of 1986 is amended by striking section
6038D.
(b) Repeal of Modification of Statute of Limitations for
Significant Omission of Income in Connection With Foreign Assets.--
(1) Paragraph (1) of section 6501(e) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (A)
and by redesignating subparagraphs (B) and (C) as subparagraphs
(A) and (B), respectively.
(2) Subparagraph (A) of section 6501(e) of such Code, as
redesignated by paragraph (1), is amended by striking all that
precedes clause (i) and inserting the following:
``(A) General rule.--If the taxpayer omits from
gross income an amount properly included therein which
is in excess of 25 percent of the amount of gross
income stated in the return, the tax may be assessed,
or a proceeding in court for the collection of such tax
may be begun without assessment, at any time within 6
years after the return was filed. For purposes of this
subparagraph--''.
(3) Paragraph (2) of section 6229(c) of such Code is
amended by striking ``and such amount is described in clause
(i) or (ii) of section 6501(e)(1)(A)'' and inserting ``which is
in excess of 25 percent of the amount of gross income stated in
its return''.
(4) Paragraph (8) of section 6501(c) is amended--
(A) by striking ``pursuant to an election under
section 1295(b) or'',
(B) by striking ``1298(f)'', and
(C) by striking ``6038D,''.
(c) Clerical Amendment.--The table of sections for subpart A of
part III of subchapter A of chapter 61 of such Code is amended by
striking the item related to section 6038D.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
ending after the date of the enactment of this Act.
(2) Returns.--The amendments made by subsection (b) shall
apply to returns filed after the date of the enactment of this
Act.
SEC. 3. REPEAL OF PENALTIES FOR UNDERPAYMENTS ATTRIBUTABLE TO
UNDISCLOSED FOREIGN FINANCIAL ASSETS.
(a) In General.--Section 6662 of the Internal Revenue Code of 1986
is amended--
(1) in subsection (b), by striking paragraph (7) and
redesignating paragraph (8) as paragraph (7), and
(2) by striking subsection (j) and redesignating subsection
(k) as subsection (j).
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 4. REPEAL OF REPORTING OF ACTIVITIES WITH RESPECT TO PASSIVE
FOREIGN INVESTMENT COMPANIES.
(a) In General.--Section 1298 of the Internal Revenue Code of 1986
is amended by striking subsection (f) and by redesignating subsection
(g) as subsection (f).
(b) Conforming Amendment.--Section 1291(e) of such Code is amended
by striking ``and (d)'' and inserting ``, (d), and (f)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 5. REPEAL OF REPORTING REQUIREMENT FOR UNITED STATES OWNERS OF
FOREIGN TRUSTS.
(a) In General.--Paragraph (1) of section 6048(b) is amended by
striking ``shall submit such information as the Secretary may prescribe
with respect to such trust for such year and''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 6. REPEAL OF MINIMUM PENALTY WITH RESPECT TO FAILURE TO REPORT ON
CERTAIN FOREIGN TRUSTS.
(a) In General.--Section 6677(a) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``the greater of $10,000 or'', and
(2) by striking the last sentence and inserting the
following: ``In no event shall the penalty under this
subsection with respect to any failure exceed the gross
reportable amount.''.
(b) Effective Date.--The amendments made by this section shall
apply to notices and returns required to be filed after the date of the
enactment of this Act.
|
This bill amends the Internal Revenue Code, with respect to tax administration requirements for foreign-source income and assets, to repeal: (1) withholding requirements for payments to foreign financial institutions and other foreign entities, (2) information reporting for foreign financial assets, (3) penalties for underpayments of tax attributable to undisclosed foreign financial assets, (4) reporting requirements for shareholders of a passive foreign investment company and U.S. owners of foreign trusts, and (5) the additional penalty for failure to file required notices and information returns for certain foreign trusts.
|
{"src": "billsum_train", "title": "A bill to repeal the violation of sovereign nations' laws and privacy matters."}
| 1,641 | 116 | 0.484088 | 1.16705 | 0.431616 | 1.757009 | 12.728972 | 0.859813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Healthy Children and Families Act of
2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Medicaid and the State Children's Health Insurance
Program have collectively provided health insurance coverage to
over 38,000,000 low-income pregnant women and children.
(2) Evidence-based nurse home visitation programs can
improve the health status of low-income pregnant women and
children enrolled in Medicaid and the State Children's Health
Insurance Program by promoting access to prenatal and well-baby
care, reducing pre-term births, reducing high-risk pregnancies,
increasing time intervals between first and subsequent births,
and improving child cognitive, social, and behavioral skills
and development.
(3) In addition to health benefits, evidence-based nurse
home visitation programs have been proven to increase maternal
employment and economic self-sufficiency and significantly
reduce child abuse and neglect, child arrests, maternal
arrests, and involvement in the criminal justice system.
(4) Evidence-based nurse home visitation programs are cost
effective, yielding a 5-to-1 return on investment for every
dollar spent on services, and producing a net benefit to
society of $34,000 per high risk family served.
(b) Purpose.--The purpose of this Act is to encourage States to
utilize evidence-based nurse home visitation services for low-income
pregnant mothers and children to--
(1) improve the prenatal health of children;
(2) improve pregnancy outcomes;
(3) improve child health and development;
(4) improve child development and mental health related to
elementary school readiness;
(5) improve family stability and economic self-sufficiency;
(6) reduce the incidence of child abuse and neglect;
(7) reduce maternal and child involvement in the criminal
justice system; and
(8) increase birth intervals between pregnancies.
SEC. 3. ADDITIONAL OPTIONS FOR STATES TO PROVIDE NURSE HOME VISITATION
SERVICES.
(a) SCHIP.--Section 2110(a)(15) of the Social Security Act (42
U.S.C. 1397jj(a)(15)) is amended--
(1) by inserting ``(A)'' after ``(15)''; and
(2) by adding at the end the following:
``(B)(i) Evidence-based nurse home visitation services
(such as services related to improving prenatal health,
pregnancy outcomes, child health and development, school
readiness, family stability and economic self-sufficiency,
reducing child abuse, neglect, and injury, reducing maternal
and child involvement in the criminal justice system, and
increasing birth intervals between pregnancies) on behalf of a
targeted low-income child who has not attained age 2 and is the
first live birth to a biological mother, but only if such
services are provided in accordance with outcome standards that
have been replicated in multiple, rigorous, randomized
controlled trials in multiple sites, with outcomes that improve
prenatal health of children, pregnancy outcomes, child health,
child development, academic achievement, and mental health,
reduce child abuse, neglect, and injury, reduce maternal and
child involvement in the criminal justice system, increase
birth intervals between pregnancies, and improve maternal
employment.''.
(b) Medicaid.--Section 1905(a) of the Social Security Act (42
U.S.C. 1396d(a)) is amended--
(1) in paragraph (27), by striking ``and'' at the end;
(2) by redesignating paragraph (28) as paragraph (29); and
(3) by inserting after paragraph (27) the following:
``(28) evidence-based nurse home visitation services (such
as services related to improving prenatal health, pregnancy
outcomes, child health and development, school readiness,
family stability and economic self-sufficiency, reducing child
abuse, neglect, and injury, reducing maternal and child
involvement in the criminal justice system, and increasing
birth intervals between pregnancies) for a first-time pregnant
woman or on behalf of a child who has not attained age 2 and is
the first live birth to a biological mother, but only if such
services are provided in accordance with outcome standards that
have been replicated in multiple, rigorous, randomized
controlled trials in multiple sites, with outcomes that improve
prenatal health of children, pregnancy outcomes, child health,
child development, academic achievement, and mental health,
reduce child abuse, neglect, and injury, reduce maternal and
child involvement in the criminal justice system, increase
birth intervals between pregnancies, and improve maternal
employment; and''.
(c) Rule of Construction.--Nothing in the amendments made by this
Act shall be construed as affecting the ability of a State under the
Medicaid program under title XIX of the Social Security Act or the
State Children's Health Insurance Program under title XXI of such Act
to provide nurse home visitation services as part of another class of
items and services falling within the definition of medical assistance
or child health assistance under such titles, or as an administrative
expenditure for which payment is made under section 1903(a) or 2105(a)
of such Act, on or after the date of enactment of this Act.
(d) Timely Approval of Amendments or Proposals.--The Secretary of
Health and Human Services shall, in a timely manner, review and notify
a State of the Secretary's approval or disapproval of--
(1) any proposed amendment to a State Medicaid plan under
title XIX of the Social Security Act to provide nurse home
visitation services as medical assistance described in section
1905(a)(28) of such Act;
(2) any proposed amendment to a State child health plan
under title XXI of such Act to provide such services as child
health assistance described in section 2110(a)(15)(B) of such
Act; or
(3) any proposal submitted under section 1115 of such Act
to provide nurse home visitation services described in sections
1905(a)(28) and 2110(a)(15)(B) of such Act under a waiver
approved under such section 1115.
(e) Effective Date.--The amendments made by this section take
effect on October 1, 2007, and apply to child health assistance
provided under title XXI of the Social Security Act and medical
assistance provided under title XIX of such Act on or after that date.
|
Healthy Children and Families Act of 2007 - Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to provide states with the option to provide evidence-based nurse home visitation services under Medicaid and the SCHIP programs.
|
{"src": "billsum_train", "title": "To amend titles XIX and XXI of the Social Security Act to provide States with the option to provide nurse home visitation services under Medicaid and the State Children's Health Insurance Program."}
| 1,411 | 71 | 0.545144 | 1.359484 | 0.825224 | 3.45283 | 24.09434 | 0.924528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Production Expansion Act
of 2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) it is in the best interest of the United States to
develop clean renewable geothermal energy;
(2) development of that energy should be promoted on
appropriate Federal land;
(3) under the Energy Policy Act of 2005 (42 U.S.C. 15801 et
seq.), the Bureau of Land Management is authorized to issue 3
different types of noncompetitive leases for production of
geothermal energy on Federal land, including--
(A) noncompetitive geothermal leases to mining
claim holders that have a valid operating plan;
(B) direct use leases; and
(C) leases on parcels that do not sell at a
competitive auction;
(4) Federal geothermal energy leasing activity should be
directed toward persons seeking to develop the land as opposed
to persons seeking to speculate on geothermal resources and
artificially raising the cost of legitimate geothermal energy
development;
(5) developers of geothermal energy on Federal land that
have invested substantial capital and made high risk
investments should be allowed to secure a discovery of
geothermal energy resources; and
(6) successful geothermal development on Federal land will
provide increased revenue to the Federal Government, with the
payment of production royalties over decades.
SEC. 3. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF
GEOTHERMAL RESOURCES.
Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
1003(b)) is amended by adding at the end the following:
``(4) Adjoining land.--
``(A) Definitions.--In this paragraph:
``(i) Fair market value per acre.--The term
`fair market value per acre' means a dollar
amount per acre that--
``(I) except as provided in this
clause, shall be equal to the market
value per acre as determined by the
Secretary under regulations issued
under this paragraph;
``(II) shall be determined by the
Secretary with respect to a lease under
this paragraph, by not later than the
end of the 90-day period beginning on
the date the Secretary receives an
application for the lease; and
``(III) shall be not less than the
greater of--
``(aa) 4 times the median
amount paid per acre for all
land leased under this Act
during the preceding year; or
``(bb) $50.
``(ii) Industry standards.--The term
`industry standards' means the standards by
which a qualified geothermal professional
assesses whether downhole or flowing
temperature measurements with indications of
permeability are sufficient to produce energy
from geothermal resources, as determined
through flow or injection testing or
measurement of lost circulation while drilling.
``(iii) Qualified federal land.--The term
`qualified Federal land' means land that is
otherwise available for leasing under this Act.
``(iv) Qualified geothermal professional.--
The term `qualified geothermal professional'
means an individual who is an engineer or
geoscientist in good professional standing with
at least 5 years of experience in geothermal
exploration, development, or project
assessment.
``(v) Qualified lessee.--The term
`qualified lessee' means a person that may hold
a geothermal lease under part 3202.10 of title
43, Code of Federal Regulations, as in effect
on the date of enactment of the Geothermal
Production Expansion Act of 2010.
``(vi) Valid discovery.--The term `valid
discovery' means a discovery of a geothermal
resource by a new or existing slim hole or
production well, that exhibits downhole or
flowing temperature measurements with
indications of permeability that are sufficient
to meet industry standards.
``(B) Authority.--An area of qualified Federal land
that adjoins other land for which a qualified lessee
holds a legal right to develop geothermal resources may
be available for a noncompetitive lease under this
section to the qualified lessee at the fair market
value per acre, if--
``(i) the area of qualified Federal land--
``(I) consists of not less than 1
acre and not more than 640 acres; and
``(II) is not already leased under
this Act or nominated to be leased
under subsection (a);
``(ii) the qualified lessee has not
previously received a noncompetitive lease
under this paragraph in connection with the
valid discovery for which data has been
submitted under clause (iii)(I); and
``(iii) sufficient geological and other
technical data prepared by a qualified
geothermal professional has been submitted by
the qualified lessee to the applicable Federal
land management agency that would lead
individuals who are experienced in the subject
matter to believe that--
``(I) there is a valid discovery of
geothermal resources on the land for
which the qualified lessee holds the
legal right to develop geothermal
resources; and
``(II) that thermal feature extends
into the adjoining areas.
``(C) Determination of fair market value.--
``(i) In general.--The Secretary shall--
``(I) publish a notice of any
request to lease land under this
paragraph;
``(II) determine fair market value
for purposes of this paragraph in
accordance with procedures for making
those determinations that are
established by regulations issued by
the Secretary;
``(III) provide to a qualified
lessee and publish any proposed
determination under this subparagraph
of the fair market value of an area
that the qualified lessee seeks to
lease under this paragraph;
``(IV) provide to the qualified
lessee the opportunity to appeal the
proposed determination during the 30-
day period beginning on the date that
the proposed determination is provided
to the qualified lessee; and
``(V) provide to any interested
member of the public the opportunity to
appeal the proposed determination in
accordance with the process established
under parts 4 and 1840, and section
3200.5, of title 43, Code of Federal
Regulations (as in effect on the date
of enactment of the Geothermal
Production Expansion Act of 2010)
during the 30-day period beginning on
the date that the proposed
determination is published.
``(ii) Limitation on nomination.--After
publication of a notice of request to lease
land under this paragraph, the Secretary may
not accept under subsection (a) any nomination
of the land for leasing unless the request has
been denied or withdrawn.
``(D) Regulations.--Not later than 180 days after
the date of enactment of the Geothermal Production
Expansion Act of 2010, the Secretary shall issue
regulations to carry out this paragraph.''.
|
Geothermal Production Expansion Act of 2010 - Amends competitive lease provisions of the Geothermal Steam Act of 1970 to allow an area of qualified federal land (land that is otherwise available for leasing under that Act) that adjoins other land for which a qualified lessee holds a legal right to develop geothermal resources to be available for a noncompetitive lease to such lessee at fair market value per acre if: (1) the area of qualified federal land consists of not less than one acre and not more than 640 acres and is not already leased or nominated to be leased; (2) the qualified lessee has not previously received a noncompetitive lease in connection with the valid discovery for which data has been submitted; and (3) sufficient technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the applicable federal land management agency that would lead individuals who are experienced in the subject matter to believe that there is a valid discovery of geothermal resources on the land and that such thermal feature extends into the adjoining areas.
Defines "fair market value per acre" as a dollar amount per acre that shall be: (1) equal to the market value per acre as determined by the Secretary of the Interior within 90 days after the Secretary receives an application for a lease, and (2) not less than the greater of 4 times the median amount paid per acre for all land leased under such Act during the preceding year or $50.
Directs the Secretary to: (1) publish a notice of any request for such a lease; (2) determine fair market value in accordance with procedures established by the Secretary; (3) provide to a qualified lessee and publish any proposed determination of the fair market value of the area the qualified lessee seeks to lease; and (4) provide the lessee and the public an opportunity to appeal a proposed determination during the 30-day period after the determination is provided or published, respectively. Prohibits the Secretary from accepting any nomination of land for leasing after publication of a notice of request to lease such land unless the request has been denied or withdrawn.
|
{"src": "billsum_train", "title": "A bill to expand geothermal production, and for other purposes."}
| 1,534 | 457 | 0.704725 | 2.293996 | 0.749785 | 3.972906 | 3.416256 | 0.953202 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sewage Overflow Community Right-to-
Know Act''.
SEC. 2. DEFINITIONS.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended by adding at the end the following:
``(25) Sanitary sewer overflow.--The term `sanitary sewer
overflow' means an overflow, spill, release, or diversion of
wastewater from a sanitary sewer system. Such term does not
include municipal combined sewer overflows or other discharges
from a municipal combined storm and sanitary sewer system and
does not include wastewater backups into buildings caused by a
blockage or other malfunction of a building lateral that is
privately owned. Such term includes overflows or releases of
wastewater that reach waters of the United States, overflows or
releases of wastewater in the United States that do not reach
waters of the United States, and wastewater backups into
buildings that are caused by blockages or flow conditions in a
sanitary sewer other than a building lateral.
``(26) Treatment works.--The term `treatment works' has the
meaning given that term in section 212.''.
SEC. 3. MONITORING, REPORTING, AND PUBLIC NOTIFICATION OF SEWER
OVERFLOWS.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(r) Sewer Overflow Monitoring, Reporting, and Notifications.--
``(1) General requirements.--After the last day of the 180-
day period beginning on the date on which regulations are
issued under paragraph (4), a permit issued, renewed, or
modified under this section by the Administrator or the State,
as the case may be, for a publicly owned treatment works shall
require, at a minimum, beginning on the date of the issuance,
modification, or renewal, that the owner or operator of the
treatment works--
``(A) institute and utilize a feasible methodology,
technology, or management program for monitoring sewer
overflows to alert the owner or operator to the
occurrence of a sewer overflow in a timely manner;
``(B) in the case of a sewer overflow that has the
potential to affect human health, notify the public of
the overflow as soon as practicable but not later than
24 hours after the time the owner or operator knows of
the overflow;
``(C) in the case of a sewer overflow that may
imminently and substantially endanger human health,
notify public health authorities and other affected
entities, such as public water systems, of the overflow
immediately after the owner or operator knows of the
overflow;
``(D) report each sewer overflow on its discharge
monitoring report to the Administrator or the State, as
the case may be, by describing--
``(i) the magnitude, duration, and
suspected cause of the overflow;
``(ii) the steps taken or planned to
reduce, eliminate, or prevent recurrence of the
overflow; and
``(iii) the steps taken or planned to
mitigate the impact of the overflow; and
``(E) annually report to the Administrator or the
State, as the case may be, the total number of sewer
overflows in a calendar year, including--
``(i) the details of how much wastewater
was released per incident;
``(ii) the duration of each sewer overflow;
``(iii) the location of the overflow and
any potentially affected receiving waters;
``(iv) the responses taken to clean up the
overflow; and
``(v) the actions taken to mitigate impacts
and avoid further sewer overflows at the site.
``(2) Exceptions.--
``(A) Notification requirements.--The notification
requirements of paragraphs (1)(B) and (1)(C) shall not
apply a sewer overflow that is a wastewater backup into
a single-family residence.
``(B) Reporting requirements.--The reporting
requirements of paragraphs (1)(D) and (1)(E) shall not
apply to a sewer overflow that is a release of
wastewater that occurs in the course of maintenance of
the treatment works, is managed consistently with the
treatment works' best management practices, and is
intended to prevent sewer overflows.
``(3) Report to epa.--Each State shall provide to the
Administrator annually a summary of sewer overflows that
occurred in the State.
``(4) Rulemaking by epa.--Not later than one year after the
date of enactment of this subsection, the Administrator, after
providing notice and an opportunity for public comment, shall
issue regulations to implement this subsection, including
regulations to--
``(A) establish a set of criteria to guide the
owner or operator of a publicly owned treatment works
in--
``(i) assessing whether a sewer overflow
has the potential to affect human health or may
imminently and substantially endanger human
health; and
``(ii) developing communication measures
that are sufficient to give notice under
paragraphs (1)(B) and (1)(C); and
``(B) define the terms `feasible' and `timely' as
such terms apply to paragraph (1)(A), including site
specific conditions.
``(5) Approval of state notification programs.--
``(A) Requests for approval.--
``(i) In general.--After the date of
issuance of regulations under paragraph (4), a
State may submit to the Administrator evidence
that the State has in place a legally
enforceable notification program that is
substantially equivalent to the requirements of
paragraphs (1)(B) and (1)(C).
``(ii) Program review and authorization.--
If the evidence submitted by a State under
clause (i) shows the notification program of
the State to be substantially equivalent to the
requirements of paragraphs (1)(B) and (1)(C),
the Administrator shall authorize the State to
carry out such program instead of the
requirements of paragraphs (1)(B) and (1)(C).
``(iii) Factors for determining substantial
equivalency.--In carrying out a review of a
State notification program under clause (ii),
the Administrator shall take into account the
scope of sewer overflows for which notification
is required, the length of time during which
notification must be made, the scope of persons
who must be notified of sewer overflows, the
scope of enforcement activities ensuring that
notifications of sewer overflows are made, and
such other factors as the Administrator
considers appropriate.
``(B) Review period.--If a State submits evidence
with respect to a notification program under
subparagraph (A)(i) on or before the last day of the
30-day period beginning on the date of issuance of
regulations under paragraph (4), the requirements of
paragraphs (1)(B) and (1)(C) shall not begin to apply
to a publicly owned treatment works located in the
State until the date on which the Administrator
completes a review of the notification program under
subparagraph (A)(ii).
``(C) Withdrawal of authorization.--If the
Administrator, after conducting a public hearing,
determines that a State is not administering and
enforcing a State notification program authorized under
subparagraph (A)(ii) in accordance with the
requirements of this paragraph, the Administrator shall
so notify the State and, if appropriate corrective
action is not taken within a reasonable time, not to
exceed 90 days, the Administrator shall withdraw
authorization of such program and enforce the
requirements of paragraphs (1)(B) and (1)(C) with
respect to the State.
``(6) Special rules concerning application of notification
requirements.--After the last day of the 30-day period
beginning on the date of issuance of regulations under
paragraph (4), the requirements of paragraphs (1)(B) and (1)(C)
shall--
``(A) apply to the owner or operator of a publicly
owned treatment works and be subject to enforcement
under section 309, and
``(B) supersede any notification requirements
contained in a permit issued under this section for the
treatment works to the extent that the notification
requirements are less stringent than the notification
requirements of paragraphs (1)(B) and (1)(C),
until such date as a permit is issued, renewed, or modified
under this section for the treatment works in accordance with
paragraph (1).
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Sewer overflow.--The term `sewer overflow'
means a sanitary sewer overflow or a municipal combined
sewer overflow.
``(B) Single-family residence.--The term `single-
family residence' means an individual dwelling unit,
including an apartment, condominium, house, or
dormitory. Such term does not include the common areas
of a multi-dwelling structure.''.
SEC. 4. ELIGIBILITY FOR ASSISTANCE.
(a) Purpose of State Revolving Fund.--Section 601(a) of the Federal
Water Pollution Control Act (33 U.S.C. 1381(a)) is amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320'' the following: ``,
and (4) for the implementation of requirements to monitor for
sewer overflows under section 402''.
(b) Water Pollution Control Revolving Loan Funds.--Section 603(c)
of the Federal Water Pollution Control Act (33 U.S.C. 1383(c)) is
amended--
(1) by striking ``and'' the first place it appears; and
(2) by inserting after ``section 320 of this Act'' the
following: ``, and (4) for the implementation of requirements
to monitor for sewer overflows under section 402''.
Passed the House of Representatives June 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
|
Sewage Overflow Community Right-to-Know Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require owners or operators of publicly owned treatment works to: (1) institute monitoring systems to provide timely alerts of sewer overflows; (2) notify the public, not later than 24 hours after receiving knowledge, of such overflows in areas where human health is potentially affected; (3) notify public health authorities and other affected entities, in the case of an overflow that may imminently and substantially endanger human health, immediately after the owner or operator knows of the overflow; (4) report each overflow on discharge monitoring reports to the Administrator of the Environmental Protection Agency (EPA) or the state; and (5) annually report to the Administrator or the state on the total number of overflows in a calendar year.
Makes specified exceptions to notification and reporting requirements for backups into single-family residences and for overflows that occur in the course of treatment works maintenance, respectively.
Requires annual summary reports by states to the Administrator.
Requires the Administrator to issue regulations, including to establish overflow assessment guidance and develop communications measures to provide notification under this Act. Provides procedures for review and approval, after issuance of such regulations, of state notification programs.
Makes the monitoring systems eligible for state water pollution control revolving fund assistance.
|
{"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to ensure that publicly owned treatment works monitor for and report sewer overflows, and for other purposes."}
| 2,252 | 298 | 0.637823 | 1.853278 | 0.779967 | 2.657895 | 7.575188 | 0.87594 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ferry Intermodal Transportation
Act''.
SEC. 2. FERRIES.
(a) Findings.--The Congress finds the following:
(1) Today's ferries are a critical transportation component
in many communities, providing vital transportation services
for passengers, automobiles, buses, and trucks in locations
where practical alternatives are insufficient or do not exist.
(2) Ferries provide alternatives to other transport modes
that are facing severe capacity constraints.
(3) Ferries do not require the construction of costly
infrastructure such as roads, bridges, or tunnels, thereby
reducing environmental impacts, capital investment, and the
time required to begin operation.
(4) Ferries reduce single-occupancy vehicle traffic,
thereby reducing traffic congestion, air pollution, and energy
use.
(5) Ferries are flexible because vessels and some loading
facilities may be shifted to new locations to respond to
changes in demand or in times of national emergency.
(6) Joint efforts by private operators and local
governments already have resulted in highly innovative and
successful ferry operations in many urban areas.
(7) The Department of Transportation strategic plan for the
National Transportation System urges emphasis on those modes of
transportation that promote those interests ``of critical
importance to our country, including clean air, reducing energy
consumption and safe, comfortable, and cost effective
transportation'' goals that ferry transportation embodies.
(8) Ferry transportation is an important and unique
component of the national transportation system which should be
encouraged and supported in those communities for which it is
applicable.
(b) Study.--
(1) In general.--The Secretary of Transportation shall
conduct a study of ferry transportation in the United States
and its possessions--
(A) to identify existing ferry operations,
including--
(i) the locations and routes served;
(ii) the name, the United States official
number, and a description of each vessel
operated as a ferry;
(iii) the source and amount, if any, of
funds derived from Federal, State, or local
government sources supporting ferry operations;
and
(iv) the impact of ferry transportation on
local and regional economies; and
(B) to identify potential domestic ferry routes in
the United States and its possessions and to develop
information on those routes, including--
(i) locations and routes that might be
served;
(ii) estimates of capacity required;
(iii) estimates of capital costs of
developing those routes;
(iv) estimates of annual operating costs
for these routes;
(v) estimates of the economic impact of
these routes on local and regional economies;
and
(vi) the potential for use of high speed
ferry services.
(2) Report.--The Secretary shall submit a report on the
results of the study required under subsection (a) to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(c) Meeting With State Metropolitan Planning Organizations.--After
submitting the report required by subsection (b), the Secretary of
Transportation shall--
(1) meet with the chief metropolitan planning organization
officer of each metropolitan area in which a ferry service is
operated or for which a potential ferry route is identified in
the report; and
(2) in that meeting discuss the results of the study under
subsection (a) and availability of resources, both Federal and
State, for providing ferry services.
(d) Funding.--Section 1064(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended
to read as follows:
``(c) Authorization.--There shall be available, out of the Highway
Trust Fund (other than the Mass Transit Account), to the Secretary for
obligation at the discretion of the Secretary, $18,000,000 for each of
the fiscal years 1998, 1999, 2000, 2001, and 2002 in carrying out this
section. Such sums shall remain available until expended.''.
(e) Ferry Operating and Leasing Amendments.--
(1) Facilitation of private ownership and leasing.--Section
129(c) of title 23, United States Code, is amended--
(A) in paragraph (3) by striking ``owned.'' and
inserting ``owned or operated.''; and
(B) in paragraph (6), by striking ``sold, leased,
or'' and inserting ``sold or''.
(2) Documentation; citizenship of members of owner
entities.--Section 12102(d)(1) of title 46, United States Code,
is amended by inserting ``or the issuance of any certificate of
documentation for a small passenger vessel, a passenger vessel,
or a ferry,'' after ``endorsement,''.
(f) Loan Guarantees.--
(1) In general.--The Secretary of Transportation may
guarantee, or make a commitment to guarantee, the payment of
the principal of, and the interest on, an obligation for ferry
operations in the transportation of passengers or passengers
and vehicles in the United States and its possessions. A
guarantee or commitment under this subsection shall be made--
(A) under standards and requirements equivalent to
those under title XI of the Merchant Marine Act, 1936
(46 App. U.S.C. 1271 et seq.); and
(B) subject to such terms as the Secretary may
require.
(2) Simplified process.--A guarantee or commitment made
under this subsection is subject to all laws, requirements, and
procedures applicable to guarantees or commitments made under
title XI of that Act, except the Secretary shall by rule
provide a simplified application and compliance process for
guarantees and commitments made under this subsection.
(3) Authorization.--There is authorized to be appropriated
to carry out this subsection $7,000,000 for each of fiscal
years 1998, 1999, 2000, 2001, and 2002.
|
Ferry Intermodal Transportation Act - Directs the Secretary of Transportation to study, and submit a report on the results to specified congressional committees, ferry transportation in the United States and its possessions in order to identify: (1) existing ferry operations; and (2) potential U.S. ferry routes in the United States and its possessions and to develop certain information on them. Directs the Secretary to meet with State metropolitan planning organizations to discuss the results of the study and the availability of both Federal and State resources for providing ferry services.
Amends the Intermodal Surface Transportation Efficiency Act of 1991 to make amounts available, out of the Highway Trust Fund (other than the Mass Transit Account), for the construction of ferry boats and ferry terminal facilities.
Amends Federal shipping law, with regard to the issuance of a certificate of documentation for a small passenger vessel, passenger vessel, or a ferry, to declare that the members of an association, trust, joint venture, or other entity that owns a vessel that is not registered under the laws of a foreign country or titled in a State do not all have to be U.S. citizens provided the vessel is subject to a charter to a U.S. citizen.
Authorizes the Secretary to guarantee loans for ferry operations in the transportation of passengers or passengers and vehicles in the United States and its possessions.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Ferry Intermodal Transportation Act"}
| 1,254 | 292 | 0.573597 | 1.691332 | 0.871377 | 3.334615 | 4.634615 | 0.857692 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) The 50-mile Hanford Reach--
(A) is the last free-flowing nontidal segment of
the Columbia River in the United States; and
(B) has been preserved in a relatively natural
condition because of its location within the Hanford
Nuclear Reservation.
(2) Public Law 100-605 (102 Stat. 3043) required an
analysis of protection alternatives for the Hanford Reach and a
report to Congress by the Secretary of the Interior, who
concluded in the Hanford Reach Final Environmental Impact
Statement dated June 1994 that the Hanford Reach should be
designated as a recreational river under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.).
(3) The Hanford Reach is a vital migration corridor for
anadromous fish and contains some of the most productive
spawning areas in the Northwest United States, producing an
estimated 80 percent of the Columbia Basin's fall chinook
salmon and healthy runs of naturally spawning steelhead trout,
sturgeon, and other highly valued fish species.
(4) The Hanford Reach provides important habitat for
wintering and migrating wildlife, including waterfowl, bald
eagles, deer, elk, and numerous Federal and State-listed
threatened and endangered plant and animal species, some of
which are found nowhere else.
(5) The shoreline area known as White Bluffs and the
pristine conditions of the Hanford Reach offer scenic beauty
and opportunities for solitude and recreation, including
hunting, fishing, boating, hiking, swimming, and wildlife
observation, in close proximity to the cites of Richland,
Pasco, and Kennewick, Washington.
(6) The Hanford Reach and its salmon runs have been
important to mid-Columbia Native Americans for subsistence,
cultural, and religious purposes for more than 10,000 years,
and there are 150 registered archaeological sites in the area.
(7) The southern shore of the Hanford Reach chronicles the
history of--
(A) the Manhattan Project;
(B) defense nuclear production during the cold war;
and
(C) early Euro-American settlement of the area.
(8) The White Bluffs and adjacent shoreline areas are
significant paleontological resources and rich with fossilized
remains from the Pliocene period.
(9) Protection of the Hanford Reach as a component of the
national wild and scenic rivers system could enhance local
revenues from outdoor recreation and increase economic
investment in the cites of Richland, Pasco, and Kennewick,
Washington, by highlighting the quality of life and natural
amenities of the area.
(10) Economic activities along the river corridor in
existence on the date of enactment of this Act, such as
agriculture, power production and transmission, and water
withdrawal, are compatible with the designation of the Hanford
Reach as a recreational river under the Wild and Scenic Rivers
Act (16 U.S.C. 1271 et seq.).
(11) Designation of the Hanford Reach as a recreational
river under such Act cannot be changed except by a subsequent
Act of Congress.
(12) Designation of the Hanford Reach as a recreational
river under such Act can facilitate, and make less costly, the
remediation of contaminated areas of the Hanford Nuclear
Reservation by--
(A) establishing future land use within the river
corridor; and
(B) helping to ensure the Federal commitment to the
cleanup of the Hanford Site.
(13) The Hanford Reach has special significance as an
outdoor laboratory and classroom and offers a singular
opportunity for government agencies, Indian tribes, and community
organizations to develop a partnership around an education and
interpretation program focused on the area's unique natural and human
history.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to protect the natural, cultural, scenic, and
recreational resources of the Hanford Reach of the Columbia
River by designating the Hanford Reach as a recreational river
under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);
(2) to encourage education and interpretation of the
Hanford Reach; and
(3) to protect the land adjacent to the Hanford Reach.
SEC. 3. DESIGNATION OF THE HANFORD REACH OF THE COLUMBIA RIVER AS A
RECREATIONAL RIVER UNDER THE WILD AND SCENIC RIVERS ACT.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding at the end the following:
``(160) Hanford Reach, Columbia River, Washington.--Subject to
section 3A, the river segment from river mile 346.5 to river mile 396
of the Hanford Reach of the Columbia River, Washington, as a
recreational river.''.
(b) Special Requirements.--The Wild and Scenic Rivers Act is
amended by inserting after section 3 (16 U.S.C. 1274) the following:
``SEC. 3A. SPECIAL REQUIREMENTS APPLICABLE TO HANFORD REACH, COLUMBIA
RIVER, WASHINGTON.
``(a) Definition.--In this section, the term `Hanford Reach
recreational river' means the river segment of the Hanford Reach of the
Columbia River, Washington, designated as a recreational river by
section 3(a)(160).
``(b) Management.--The Secretary of the Interior shall manage the
Hanford Reach recreational river as a recreational river in accordance
with this Act, the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd et seq.), and other applicable law.
``(c) Prohibition on Alteration of Designation.--Nothing in this
Act or any other law authorizes the Secretary of the Interior or any
other governmental officer to alter the designation of the Hanford
Reach recreational river as a recreational river under this Act.
``(d) Management Plan Commission.--
``(1) Membership.--There shall be a 15-member management
commission for the Hanford Reach recreational river, which
shall be comprised of representatives of each of the following:
``(A) The Department of the Interior, the
Department of Commerce, and the Department of Energy.
``(B) The Department of Fish and Wildlife, the
Department of Ecology, and the Department of Community,
Trade, and Economic Development of the State of
Washington.
``(C) The Washington counties of Benton, Franklin,
and Grant.
``(D) Certain Indian tribes in the State of
Washington, including the Umatilla Indian tribe, the
Nez Perce Indian tribe, and the Yakama Nation.
``(E) Members of the public interested in
conservation, recreation, and business.
``(2) Appointment.--Members of the management commission
described in paragraph (1)(E) shall be--
``(A) nominated by persons residing in the vicinity
of the Hanford Reach recreational river; and
``(B) appointed by the Governor of Washington.
``(3) Supermajority requirement.--All Commission decisions
shall be adopted with a vote of at least 10 of the members of
the Commission.
``(e) Development of Management Plan.--The management commission
shall be responsible for developing the management plan for the Hanford
Reach recreational river. In developing and periodically revising the
plan, the management commission shall--
``(1) provide opportunity for public participation;
``(2) recognize recreation as an outstandingly remarkable
value of the Hanford Reach recreational river and give
recreation a high management priority, along with protection of
natural, cultural, and scenic resources;
``(3) coordinate and cooperate with State, local, and
tribal governments, public school districts, and other entities
in the development and implementation of educational and
interpretive programs related to the Hanford Reach recreational
river;
``(4) determine how an educational and interpretive center
for the Hanford Reach recreational river, with appropriate
exhibit, conference, and support facilities, can be constructed
or incorporated into a compatible community facility; and
``(5) determine how recreational tourism efforts associated
with the Hanford Reach recreational river can be coordinated
through a community-based visitor and convention bureau.
``(f) Prohibition on Inclusion of Privately Owned Land.--
``(1) Prohibition.--Except as provided in paragraph (2),
only public land adjacent to the Hanford Reach recreational
river, and no privately owned land, may be included in the
Hanford Reach recreational river.
``(2) Limited acquisition authority.--As part of the
management plan for the Hanford Reach recreational river, the
management commission shall develop a strategy for acquiring
private land, by purchase, conservation easement, lease, or
donation, from persons willing to convey private land in the
area defined by the applicable environmental impact statement.
``(g) Relationship to Access Corridors.--Access corridors for the
Hanford Reach recreational river in existence on the date of enactment
of this section shall be retained.
``(h) Relationship to Other Laws and Authorities.--The designation
of the Hanford Reach recreational river shall not--
``(1) prohibit or approve relicensing of any hydroelectric
facility by the Federal Energy Regulatory Commission;
``(2) affect any law, agreement, plan, or policy in effect
on the date of enactment of this section regarding water rights
or instream flows on the designated river segment;
``(3) prohibit the operation or maintenance of any energy,
transmission, water intake, or water outfall facility in
existence on the date of enactment of this section;
``(4) prohibit the modification, repair, or replacement of
any energy, transmission, water intake, or water outfall
facility so long as there is no substantial impact on the
natural, cultural, or scenic resources of the Hanford Reach
recreational river and adjacent land area;
``(5) establish or impose remediation requirements more
restrictive than those that would apply but for the
designation;
``(6) prohibit construction of temporary facilities
necessary for the remediation and restoration of contaminated
areas within the view shed of the Hanford Reach recreational
river; or
``(7) relieve the Secretary of Energy from any obligation
or other liability at the Hanford Nuclear Reservation under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.), and other applicable law
imposing any similar obligation or other liability on the
Secretary of the Interior.
``(i) Rivershore Restoration and Enhancement.--The Secretary of the
Army, acting through the Chief of Engineers of the Army Corps of
Engineers, in cooperation and coordination with the heads of other
relevant Federal agencies and State and local governments, shall
develop a comprehensive plan of improvement for the levees and other
rivershore areas downstream of the Hanford Reach recreational river in
the vicinity of the cites of Richland, Pasco, and Kennewick,
Washington, including--
``(1) restoration and enhancement of fish and wildlife
habitat;
``(2) recreation;
``(3) river access; and
``(4) overall aesthetics.''.
(c) Existing Undesignated Paragraphs; Removal of Duplication.--
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended--
(1) by striking the first undesignated paragraph after
paragraph (156), relating to Elkhorn Creek, Oregon; and
(2) by designating the three remaining undesignated
paragraphs after paragraph (156) as paragraphs (157), (158),
and (159), respectively.
SEC. 4. CONSOLIDATION OF BUREAU OF LAND MANAGEMENT HOLDINGS, HANFORD
NUCLEAR RESERVATION.
(a) Study of Exchange Options.--The Secretary of the Interior and
the Secretary of Energy shall--
(1) study the consolidation of parcels of land administered
by the Bureau of Land Management on the Hanford Nuclear
Reservation; and
(2) prepare to exchange lands on completion of documents
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Objectives.--The objectives of the land exchange under
subsection (a) shall be--
(1) to clear title to parcels of land along the railroad in
the southeast corner of the Hanford Nuclear Reservation and in
the area known as the ``200 Area'' for industrial development;
(2) to protect wildlife and native plants; and
(3) to preserve cultural sites important to Native
Americans.
|
Establishes a 15-member management commission to develop a management plan for the Hanford Reach recreational river.
Excludes privately owned land from the river, including only adjacent public land.
Directs the Secretary of the Army, acting through the Chief of Engineers of the Army Corps of Engineers, to develop a comprehensive plan of improvement for the levees and other rivershore areas downstream of the Hanford Reach recreational river in the vicinity of the cities of Richland, Pasco, and Kennewick, Washington.
Directs the Secretaries of the Interior and of Energy to: (1) study the consolidation of parcels of land administered by the Bureau of Land Management on the Hanford Nuclear Reservation; and (2) prepare to exchange lands on completion of documents required under the National Environmental Policy Act of 1969.
|
{"src": "billsum_train", "title": "A bill to amend the Wild and Scenic Rivers Act to designate a portion of the Columbia River as a recreational river, and for other purposes."}
| 2,761 | 168 | 0.494147 | 1.60184 | 0.63223 | 7.026846 | 16.912752 | 0.959732 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau Advisory Opinion Act''.
SEC. 2. ADVISORY OPINIONS.
Section 1022(b) of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5512(b)) is amended by adding at the end the following:
``(5) Advisory opinions.--
``(A) Establishing procedures.--
``(i) In general.--The Director shall
establish a procedure to provide responses to
specific inquiries by a covered person
concerning conformance of prospective conduct
with the Federal consumer financial law. In
establishing the procedures the Director shall
consult with the prudential regulators and such
other Federal departments and agencies as the
Director determines appropriate, and obtain the
views of all interested persons through a
public notice and comment period.
``(ii) Hypothetical inquiries prohibited.--
An inquiry may only be made by a covered person
under this paragraph with respect to conduct
that the person intends to engage in.
``(iii) Right to withdraw inquiry.--Any
covered person making an inquiry under this
paragraph may withdraw such inquiry at any time
prior to the Director issuing an opinion in
response to such inquiry, and any opinion based
on an inquiry that has been withdrawn shall
have no force or effect.
``(B) Issuance of opinions.--
``(i) In general.--The Director shall,
within 90 days after receiving an inquiry under
this paragraph, issue an opinion in response to
that inquiry. Such opinion shall state whether
or not the specified prospective conduct would,
for purposes of Bureau's present enforcement
policy, violate Federal consumer financial law.
``(ii) Extension permitted.--If the
Director determines that the Bureau requires
additional time to issue an opinion on an
inquiry, the Director may make a single
extension of the deadline described under
clause (i) of 45 days or less.
``(C) Rebuttable presumption.--In any action
brought under the Federal consumer financial law, there
shall be a rebuttable presumption that any conduct for
which the Director has issued an opinion that such
conduct is in conformity with the Bureau's
interpretation of Federal consumer financial law, is in
compliance with Federal consumer financial law. Such a
presumption may be rebutted by a preponderance of the
evidence. In considering such presumption, a court
shall weigh all relevant factors, including whether the
information submitted to the Director was accurate and
complete and whether the conduct at issue in the action
was within the scope of the conduct addressed in the
opinion of the Director.
``(D) Confidentiality.--Any document or other
material that is received by or prepared by the Bureau
or any other Federal department or agency in connection
with an inquiry under this paragraph, including any
opinion issued by the Director under this paragraph,
shall be exempt from disclosure under section 552 of
title 5, United States Code (commonly referred to as
the Freedom of Information Act) and may not, except
with the consent of the covered person making such
inquiry, be made publicly available, regardless of
whether the Director responds to such inquiry or the
covered person withdraws such inquiry before receiving
an opinion.
``(E) Assistance for small businesses.--
``(i) In general.--The Bureau shall assist,
to the maximum extent practicable, small
businesses in preparing inquiries under this
paragraph.
``(ii) Small business defined.--For
purposes of this clause, the term `small
business' has the meaning given the term `small
business concern' under section 3 of the Small
Business Act (15 U.S.C. 632).''.
|
Bureau Advisory Opinion Act - Amends the Consumer Financial Protection Act of 2010 to require the Director of the Consumer Financial Protection Bureau (CFPB) to: (1) establish a procedure to respond to specific inquiries by a covered person concerning conformance of prospective conduct with federal consumer financial law, and (2) issue an opinion in response to the inquiry within 90 days (with a single allowable extension of another 45 days). (A "covered person" under the Act is: (1) any person that engages in offering or providing a consumer financial product or service, and (2) any affiliate of that person if the affiliate acts as a service provider to the person.) Creates a rebuttable presumption in any action brought under federal consumer financial law that any conduct for which the Director has issued an opinion that it is in conformity with the opinion is indeed in compliance with federal consumer financial law. Exempts such inquiries and advisory opinions from disclosure under the Freedom of Information Act.
|
{"src": "billsum_train", "title": "Bureau Advisory Opinion Act"}
| 811 | 207 | 0.658771 | 1.992272 | 0.860308 | 2.968254 | 3.915344 | 0.873016 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Renewable Diesel Standard Act of
2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) section 211(o) of the Clean Air Act (42 U.S.C. 7535(o))
(as amended by section 1501 of the Energy Policy Act of 2005
(Public Law 109-58)) established a renewable fuel program under
which entities in the petroleum sector are required to blend
renewable fuels into motor vehicle fuel based on the gasoline
motor pool;
(2) the need for energy diversification is greater as of
the date of enactment of this Act than it was only months
before the date of enactment of the Energy Policy Act (Public
Law 109-58; 119 Stat. 594);
(3)(A) the renewable fuel program under section 211(o) of
the Clean Air Act requires a small percentage of the gasoline
motor pool, totaling nearly 140,000,000,000 gallons, to contain
a renewable fuel; and
(B) the small percentage requirement described in
subparagraph (A) does not include the 40,000,000,000-gallon
diesel motor pool; and
(4) beginning in 2008, the diesel motor pool should contain
no less than 1 percent of renewable fuels by volume.
SEC. 3. RENEWABLE CONTENT OF DIESEL MOTOR POOL.
(a) In General.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by inserting after subsection (o) the following:
``(p) Renewable Fuel Program for the Diesel Motor Pool.--
``(1) Definition of renewable fuel.--
``(A) In general.--In this subsection, the term
`renewable fuel' has the meaning given the term in
subsection (o)(1)(C).
``(B) Inclusions.--The term `renewable fuel'
includes a diesel fuel substitute produced from--
``(i) animal fat;
``(ii) vegetable oil;
``(iii) recycled yellow grease;
``(iv) thermal depolymerization;
``(v) thermochemical conversion;
``(vi) the coal-to-liquid process
(including the Fischer-Tropsch process); or
``(vii) a diesel-ethanol blend.
``(2) Renewable fuel program.--
``(A) Regulations.--
``(i) In general.--Not later than 1 year
after the date of enactment of this subsection,
the Administrator shall promulgate regulations
to ensure that diesel sold or introduced into
commerce in the United States (except in
noncontiguous States or territories), on an
annual average basis, contains the applicable
volume of renewable fuel determined in
accordance with subparagraph (B).
``(ii) Provisions of regulations.--
Regardless of the date of promulgation, the
regulations promulgated under clause (i)--
``(I) shall contain compliance
provisions applicable to refineries,
blenders, distributors, and importers,
as appropriate, to ensure that the
requirements of this paragraph are met;
but
``(II) shall not--
``(aa) restrict geographic
areas in which renewable fuel
may be used; or
``(bb) impose any per-
gallon obligation for the use
of renewable fuel.
``(iii) Requirement in case of failure to
promulgate regulations.--If the Administrator
fails to promulgate regulations under clause
(i), the percentage of renewable fuel in the
diesel motor pool sold or dispensed to
consumers in the United States, on a volume
basis, shall be .006 percent for calendar year
2008.
``(B) Applicable volume.--
``(i) Calendar years 2008 through 2015.--
For the purpose of subparagraph (A), the
applicable volume for any of calendar years
2008 through 2015 shall be determined in
accordance with the following table:
``Applicable volume of renewable
fuel in diesel motor pool
(in millions of gallons): Calendar year:
250.................................................... 2008
500.................................................... 2009
750.................................................... 2010
1,000.................................................. 2011
1,250.................................................. 2012
1,500.................................................. 2013
1,750.................................................. 2014
2,000.................................................. 2015.
``(ii) Calendar year 2016 and thereafter.--
The applicable volume for calendar year 2016
and each calendar year thereafter shall be
determined by the Administrator, in
coordination with the Secretary of Agriculture
and the Secretary of Energy, based on a review
of the implementation of the program during
calendar years 2008 through 2015, including a
review of--
``(I) the impact of the use of
renewable fuels on the environment, air
quality, energy security, job creation,
and rural economic development; and
``(II) the expected annual rate of
future production of renewable fuels to
be used as a blend component or
replacement to the diesel motor pool.
``(iii) Minimum applicable volume.--For the
purpose of subparagraph (A), the applicable
volume for calendar year 2016 and each calendar
year thereafter shall be equal to the product
obtained by multiplying--
``(I) the number of gallons of
diesel that the Administrator estimates
will be sold or introduced into
commerce during the calendar year; and
``(II) the ratio that--
``(aa) 2,000,000,000
gallons of renewable fuel;
bears to
``(bb) the number of
gallons of diesel sold or
introduced into commerce during
calendar year 2015.
``(3) Applicable percentages.--
``(A) Provision of estimate of volumes of diesel
sales.--Not later than October 31 of each of calendar
years 2007 through 2015, the Administrator of the
Energy Information Administration shall provide to the
Administrator an estimate, with respect to the
following calendar year, of the volumes of diesel
projected to be sold or introduced into commerce in the
United States.
``(B) Determination of applicable percentages.--
``(i) In general.--Not later than November
30 of each of calendar years 2008 through 2015,
based on the estimate provided under
subparagraph (A), the Administrator shall
determine and publish in the Federal Register,
with respect to the following calendar year,
the renewable fuel obligation that ensures that
the requirements of paragraph (2) are met.
``(ii) Required elements.--The renewable
fuel obligation determined for a calendar year
under clause (i) shall--
``(I) be applicable to refineries,
blenders, and importers, as
appropriate;
``(II) be expressed in terms of a
volume percentage of diesel sold or
introduced into commerce in the United
States; and
``(III) subject to subparagraph
(C), consist of a single applicable
percentage that applies to all
categories of persons described in
subclause (I).
``(C) Adjustments.--In determining the applicable
percentage for a calendar year, the Administrator shall
make adjustments to prevent the imposition of redundant
obligations on any person described in subparagraph
(B)(ii)(I).
``(4) Credit program.--
``(A) In general.--The regulations promulgated
pursuant to paragraph (2)(A) shall provide for the
generation of an appropriate amount of credits by any
person that refines, blends, or imports diesel that
contains a quantity of renewable fuel that is greater
than the quantity required under paragraph (2).
``(B) Use of credits.--A person that generates a
credit under subparagraph (A) may use the credit, or
transfer all or a portion of the credit to another
person, for the purpose of complying with regulations
promulgated pursuant to paragraph (2).
``(C) Duration of credits.--A credit generated
under this paragraph shall be valid during the 1-year
period beginning on the date on which the credit is
generated.
``(D) Inability to generate or purchase sufficient
credits.--The regulations promulgated pursuant to
paragraph (2)(A) shall include provisions allowing any
person that is unable to generate or purchase
sufficient credits under subparagraph (A) to meet the
requirements of paragraph (2) by carrying forward a
credit generated during a previous year on the
condition that the person, during the calendar year
following the year in which the renewable fuel deficit
is created--
``(i) achieves compliance with the
renewable fuel requirement under paragraph (2);
and
``(ii) generates or purchases additional
credits under subparagraph (A) to offset the
deficit of the previous year.
``(5) Waivers.--
``(A) In general.--The Administrator, in
consultation with the Secretary of Agriculture and the
Secretary of Energy, may waive the requirements of
paragraph (2) in whole or in part on receipt of a
petition of 1 or more States by reducing the national
quantity of renewable fuel for the diesel motor pool
required under paragraph (2) based on a determination
by the Administrator, after public notice and
opportunity for comment, that--
``(i) implementation of the requirement
would severely harm the economy or environment
of a State, a region, or the United States; or
``(ii) there is an inadequate domestic
supply of renewable fuel.
``(B) Petitions for waivers.--Not later than 90
days after the date on which the Administrator receives
a petition under subparagraph (A), the Administrator,
in consultation with the Secretary of Agriculture and
the Secretary of Energy, shall approve or disapprove
the petition.
``(C) Termination of waivers.--
``(i) In general.--Except as provided in
clause (ii), a waiver under subparagraph (A)
shall terminate on the date that is 1 year
after the date on which the waiver is provided.
``(ii) Exception.--The Administrator, in
consultation with the Secretary of Agriculture
and the Secretary of Energy, may extend a
waiver under subparagraph (A), as the
Administrator determines to be appropriate.''.
(b) Penalties and Enforcement.--Section 211(d) of the Clean Air Act
(42 U.S.C. 7545(d)) is amended--
(1) in paragraph (1), by striking ``or (o)'' each place it
appears and inserting ``(o), or (p)''; and
(2) in paragraph (2), by striking ``and (o)'' each place it
appears and inserting ``(o), and (p)''.
(c) Technical Amendments.--Section 211 of the Clean Air Act (42
U.S.C. 7545) is amended--
(1) in subsection (c)(4)(C), by redesignating the second
clause (v) as clause (vi);
(2) in subsection (i)(4), by striking ``section 324'' each
place it appears and inserting ``section 325'';
(3) in subsection (k)(10), by indenting subparagraphs (E)
and (F) appropriately;
(4) in subsection (n), by striking ``section 219(2)'' and
inserting ``section 216(2)'';
(5) by redesignating the second subsection (r) and
subsection (s) as subsections (s) and (t), respectively; and
(6) in subsection (t)(1) (as redesignated by paragraph
(5)), by striking ``this subtitle'' and inserting ``this
part''.
|
Renewable Diesel Standard Act of 2005 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to issue regulations to ensure that the U.S. diesel fuel supply contains a specified annual volume (in gallons) of renewable fuel in 2008 through 2015. (Requires the percentage of renewable fuel in the U.S. diesel motor pool to be .006 for 2008 if the Administrator fails to promulgate such regulations.) Directs the Administrator to set the standard for renewable fuel content for 2016 and thereafter in consultation with the Secretaries of Agriculture and Energy, according to a specified formula, taking into consideration certain economic and environmental factors.
Establishes a program of credits for diesel fuel producers who exceed the renewable fuel standards established by this Act.
Authorizes the Administrator, upon the petition of one or more states, to waive renewable fuel content requirements for economic, environmental, or supply reasons.
|
{"src": "billsum_train", "title": "A bill to amend the Clean Air Act to establish a renewable diesel standard, and for other purposes."}
| 2,530 | 196 | 0.535303 | 1.421729 | 0.767422 | 1.970588 | 13.747059 | 0.805882 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saddleback Mountain-Arizona
Settlement Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Salt River Pima-Maricopa Indian Community and the city
of Scottsdale, Arizona, have a longstanding interest in a 701-acre
tract of land known as the ``Saddleback Property'', that lies
within the boundaries of the City and abuts the north boundary of
the Salt River Pima-Maricopa Indian Reservation;
(2) the Saddleback Property includes Saddleback Mountain and
scenic hilly terrain along the Shea Boulevard corridor in
Scottsdale, Arizona, that--
(A) has significant conservation value; and
(B) is of historic and cultural significance to the
Community;
(3) in 1989, the Resolution Trust Corporation acquired the
Saddleback Property as a receiver for the Sun City Savings and Loan
Association;
(4) after the Saddleback Property was noticed for sale by the
Resolution Trust Corporation, a dispute between the Community and
the City arose concerning the future ownership, use, and
development of the Saddleback Property;
(5) the Community and the City each filed litigation with
respect to that dispute, but in lieu of pursuing that litigation,
the Community and the City negotiated a Settlement Agreement that--
(A) addresses the concerns of each of those parties with
respect to the future use and development of the Saddleback
Property; and
(B) provides for the dismissal of the litigation;
(6) under the Settlement Agreement, subject to detailed use and
development agreements--
(A) the Community will purchase a portion of the Saddleback
Property; and
(B) the City will purchase the remaining portion of that
property; and
(7) the Community and the City agree that the enactment of
legislation by Congress to ratify the Settlement Agreement is
necessary in order for--
(A) the Settlement Agreement to become effective; and
(B) the United States to take into trust the property
referred to in paragraph (6)(A) and make that property a part
of the Reservation.
(b) Purposes.--The purposes of this Act are--
(1) to approve and confirm the Settlement, Release, and
Property Conveyance Agreement executed by the Community, the City,
and the Resolution Trust Corporation;
(2) to ensure that the Settlement Agreement (including the
Development Agreement, the Use Agreement, and all other associated
ancillary agreements and exhibits)--
(A) is carried out; and
(B) is fully enforceable in accordance with its terms,
including judicial remedies and binding arbitration provisions;
and
(3) to provide for the taking into trust by the United States
of the portion of the Saddleback Property purchased by the
Community in order to make that portion a part of the Reservation.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) City.--The term ``City'' means the city of Scottsdale,
Arizona, which is a municipal corporation in the State of Arizona.
(2) Community.--The term ``Community'' means the Salt River
Pima-Maricopa Indian Community, which is a federally recognized
Indian tribe.
(3) Dedication property.--The term ``Dedication Property''
means a portion of the Saddleback Property, consisting of
approximately 27 acres of such property, that the City will acquire
in accordance with the Settlement Agreement.
(4) Development agreement.--The term ``Development Agreement''
means the agreement between the City and the Community, executed on
September 11, 1995, that sets forth conditions and restrictions
that--
(A) are supplemental to the Settlement, Release and
Property Conveyance Agreement referred to in paragraph (11)(A);
and
(B) apply to the future use and development of the
Development Property.
(5) Development property.--The term ``Development Property''
means a portion of the Saddleback Property, consisting of
approximately 211 acres, that the Community will acquire in
accordance with the Settlement Agreement.
(6) Mountain property.--The term ``Mountain Property'' means a
portion of the Saddleback Property, consisting of approximately 365
acres, that the Community will acquire in accordance with the
Settlement Agreement.
(7) Preservation property.--The term ``Preservation Property''
means a portion of the Saddleback Property, consisting of
approximately 98 acres, that the City will acquire in accordance
with the Settlement Agreement.
(8) Reservation.--The term ``Reservation'' means the Salt River
Pima-Maricopa Indian Reservation.
(9) Saddleback property.--The term ``Saddleback Property''
means a tract of land that--
(A) consists of approximately 701 acres within the city of
Scottsdale, Arizona; and
(B) includes the Dedication Property, the Development
Property, the Mountain Property, and the Preservation Property.
(10) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(11) Settlement agreement.--The term ``Settlement Agreement''--
(A) means the Settlement, Release and Property Conveyance
Agreement executed on September 11, 1995, by the Community, the
City, and the Resolution Trust Corporation (in its capacity as
the Receiver for the Sun State Savings and Loan Association,
F.S.A.); and
(B) includes the Development Agreement, the Use Agreement,
and all other associated ancillary agreements and exhibits.
(12) Use agreement.--The term ``Use Agreement'' means the
agreement between the City and the Community, executed on September
11, 1995, that sets forth conditions and restrictions that--
(A) are supplemental to the Settlement, Release and
Property Conveyance Agreement referred to in paragraph (11)(A);
and
(B) apply to the future use and development of the Mountain
Property.
SEC. 4. APPROVAL OF AGREEMENT.
The Settlement Agreement is hereby approved and ratified and shall
be fully enforceable in accordance with its terms and the provisions of
this Act.
SEC. 5. TRANSFER OF PROPERTIES.
(a) In General.--Upon satisfaction of all conditions to closing set
forth in the Settlement Agreement, the Resolution Trust Corporation
shall transfer, pursuant to the terms of the Settlement Agreement--
(1) to the Secretary, the Mountain Property and the Development
Property purchased by the Community from the Resolution Trust
Corporation; and
(2) to the City, the Preservation Property and the Dedication
Property purchased by the City from the Resolution Trust
Corporation.
(b) Trust Status.--The Mountain Property and the Development
Property transferred pursuant to subsection (a)(1) shall, subject to
sections 6 and 7--
(1) be held in trust by the United States for the Community;
and
(2) become part of the Reservation.
(c) Limitation on Liability.--Notwithstanding any other provision
of law, the United States shall not incur any liability for conditions,
existing prior to the transfer, on the parcels of land referred to in
subsection (b) to be transferred to the United States in trust for the
Salt River Pima-Maricopa Indian Community.
(d) Records.--Upon the satisfaction of all of the conditions of
closing set forth in the Settlement Agreement, the Secretary shall file
a plat of survey depicting the Saddleback Property (that includes a
depiction of the Dedication Property, the Development Property, the
Mountain Property, and the Preservation Property) with--
(1) the office of the Recorder of Maricopa County, Arizona; and
(2) the Titles and Records Center of the Bureau of Indian
Affairs, located in Albuquerque, New Mexico.
SEC. 6. LIMITATIONS ON USE AND DEVELOPMENT.
Upon the satisfaction of all of the conditions of closing set forth
in the Settlement Agreement, the properties transferred pursuant to
paragraphs (1) and (2) of section 5(a) shall be subject to the
following limitations and conditions on use and development:
(1) Preservation property.--
(A) In general.--Except as provided in subparagraph (B),
the Preservation Property shall be forever preserved in its
natural state for use only as a public park or recreation area
that shall--
(i) be utilized and maintained for the purposes set
forth in section 4(C) of the Settlement Agreement; and
(ii) be subject to the restrictions set forth in
section 4(C) of the Settlement Agreement.
(B) Shea boulevard.--At the sole discretion of the City, a
portion of the Preservation Property may be used to widen,
reconfigure, repair, or reengineer Shea Boulevard in accordance
with section 4(D) of the Settlement Agreement.
(2) Dedication property.--The Dedication Property shall be used
to widen, reconfigure, repair, or reengineer Shea Boulevard and
136th Street, in accordance with sections 4(D) and 7 of the
Settlement Agreement.
(3) Mountain property.--Except for the areas in the Mountain
Property referred to as Special Cultural Land in section 5(C) of
the Settlement Agreement, the Mountain Property shall be forever
preserved in its natural state for use only as a public park or
recreation area that shall--
(A) be utilized and maintained for the purposes set forth
in section 5(C) of the Settlement Agreement; and
(B) be subject to the restrictions set forth in section
5(C) of the Settlement Agreement.
(4) Development property.--The Development Property shall be
used and developed for the economic benefit of the Community in
accordance with the provisions of the Settlement Agreement and the
Development Agreement.
SEC. 7. AMENDMENTS TO THE SETTLEMENT AGREEMENT.
No amendment made to the Settlement Agreement (including any
deviation from an approved plan described in section 9(B) of the
Settlement Agreement) shall become effective, unless the amendment--
(1) is made in accordance with the applicable requirements
relating to the form and approval of the amendment under sections
9(B) and 34 of the Settlement Agreement; and
(2) is consistent with the provisions of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Saddleback Mountain-Arizona Settlement Act of 1995 - Approves and ratifies the Settlement Agreement providing for the transfer of certain lands by the Resolution Trust Corporation to the Salt River Pima-Maricopa Indian Community (to be held in trust by the Department of the Interior) and the City of Scottsdale, Arizona. Directs the Corporation to make such land transfer.
Declares that the United States shall not be liable for any preexisting conditions on the land to be held (by the United States) in trust for the Community.
Sets forth land use limitations (public use and development property).
|
{"src": "billsum_train", "title": "Saddleback Mountain-Arizona Settlement Act of 1995"}
| 2,241 | 134 | 0.58733 | 1.863915 | 0.658801 | 2.548673 | 18.079646 | 0.902655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Budget
Concepts Act of 2002''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The conceptual framework of the budget, which is
central to Federal planning and policy, has not been
comprehensively reviewed for over 30 years.
(2) Over those years, there has been a significant change
in the way that policy makers and economists view the role of
government in the economy.
(3) In addition, major changes have occurred in the scope
of Federal activity, in the economy, in the use of the budget
for fiscal policy purposes, and in information technology.
(4) Because the Federal budget is inherently complex,
budget concepts may need to be modified to increase public
understanding of the operation of the Federal Government and
its impact on the economy.
(5) Federal budget concepts should be reviewed and, if
appropriate, revised in light of the best current thinking in
accounting, budgeting, and economics.
(b) Purpose.--The purpose of this Act is to establish the National
Commission on Budget Concepts to review the current structure,
concepts, classifications, and bases of accounting of the Federal
budget and to report recommendations to the President and Congress for
modifications that would enhance the usefulness of the budget for
public policy and financial planning.
SEC. 3. ESTABLISHMENT OF NATIONAL COMMISSION ON BUDGET CONCEPTS.
There is established a commission to be known as the National
Commission on Budget Concepts (hereinafter referred to as the
``Commission'').
SEC. 4. MEMBERSHIP.
(a) Membership.--The Commission shall be composed of 13 members, as
follows:
(1) The chairman of the Committee on the Budget of the
Senate.
(2) The chairman of the Committee on the Budget of the
House of Representatives.
(3) The ranking member of the Committee on the Budget of
the Senate.
(4) The ranking member of the Committee on the Budget of
the House of Representatives.
(5) The Director of the Office of Management and Budget.
(6) The Comptroller General of the United States.
(7) The Director of the Congressional Budget Office.
(8) The Secretary of the Treasury.
(9) One member appointed by the majority leader of the
Senate.
(10) One member appointed by the Speaker of the House of
Representatives.
(11) One member appointed by the minority leader of the
Senate.
(12) One member appointed by the minority leader of the
House of Representatives.
(13) One member appointed by the President of the United
States.
(b) Qualifications and Term.--
(1) Qualifications.--Members appointed to the Commission
pursuant to subsection (a) shall--
(A) have expertise and experience in the fields or
disciplines related to the subject areas to be
considered by the Commission; and
(B) not be Members of Congress, officers, or
employees of the Federal Government.
(2) Term of appointment.--The term of an appointment to the
Commission shall be for the life of the Commission.
(3) Chair and vice chair.--The appointee under subsection
(a)(13) shall be the Chair of the Commission. A Vice Chair may
be elected and shall assume the duties of the Chair in the
Chair's absence.
(c) Meetings; Quorum; Vacancies; and Procedures.--
(1) Meetings.--The Commission shall meet at least once a
month on a day to be decided by the Commission. The Commission
may meet at such other times at the call of the Chair or of a
majority of its members. The meetings of the Commission shall
be open to the public, unless by public vote, the Commission
shall determine to close a meeting or any portion of a meeting
to the public.
(2) Quorum.--A simple majority of the full membership shall
constitute a quorum of the Commission, except that five members
may conduct hearings.
(d) Vacancies.--A vacancy on the Commission shall be filled in the
same manner in which the original appointment was filled under
subsection (a).
(e) Procedures.--The Commission shall adopt administrative and
procedural rules that are consistent with this section, the Federal
Advisory Committee Act, and the General Service Administration
guidelines thereunder.
(f) Compensation and Expenses.--Members of the Commission shall
receive no additional pay, allowance, or benefits by reason of their
service on the Commission. Each member appointed from outside of the
Federal Government, while engaged in the performance of Commission
duties away from their homes, regular place of business, or official
duty station, may receive travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code.
SEC. 5. STAFF AND SUPPORT SERVICES.
(a) Staff.--With the advance approval of the Commission, the
executive director may appoint such personnel as is appropriate. The
staff of the Commission, including any experts or consultants, shall be
appointed without regard to political affiliation and without regard to
the provisions of title 5, United States Code, governing appointments
in the competitive service, the provision of chapter 51 and subchapter
III of chapter 53 of such title, and without regard to section 5 of
title 41, United States Code (relating to classifications and General
Schedule).
(b) Executive Director.--The Chairman shall appoint an executive
director, who shall be paid the rate of basic pay for level II of the
Executive Schedule.
(c) Experts and Consultants.--With the advance approval of the
Commission, the executive director may procure by contract the
temporary and intermittent services of experts and consultants without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service.
(d) Technical and Administrative Assistance.--Upon the request of
the Commission--
(1) the head of any agency, office, or establishment within
the Executive or Legislative Branches of the United States
Government shall provide, without reimbursement, such technical
assistance as the Commission determines is necessary to carry
out its duties; and
(2) the Administrator of the General Services
Administration shall provide, on a reimbursable basis, such
administrative support services as the Commission may require.
(e) Detail of Federal Personnel.--Upon the request of the
Commission, the head of an agency, office, or establishment in the
Executive or Legislative branch of the United States Government is
authorized to detail, without reimbursement, any of the personnel of
that agency, office, or establishment to the Commission to assist the
Commission in carrying out its duties. Any such detail shall not
interrupt or otherwise affect the employment status or privileges of
that employee.
(f) Facilities and Support.--The Administrator of the General
Services Administration shall locate suitable office space for the
operation of the Commission and such facilities shall be furnished with
all necessary equipment and incidentals required for the proper
functioning of the Commission.
SEC. 6. POWERS AND DUTIES OF COMMISSION.
(a) Duties of the Commission.--The Commission shall--
(1) review the 1967 Report of the President's Commission on
Budget Concepts and assess the implementation of the
recommendations of that Report;
(2) identify and evaluate structure, concepts,
classifications, and bases of accounting of the Federal budget;
(3) identify any applicable general accounting principles
and practices in the private sector and evaluate their value to
budget practices in the Federal sector; and
(4) report, in accordance with subsection (g),
recommendations for modifications to the structure, concepts,
classifications, and bases of accounting of the Federal budget
that would enhance the usefulness of the budget for public
policy and financial planning.
(b) Powers of the Commission.--
(1) Conduct of business.--The Commission may hold hearings,
take testimony, receive evidence, undertake such other
activities, as it determines necessary to carry out its duties.
(2) Access to information.--(A) The Commission is
authorized to obtain directly from any Federal agency
information that the Commission determines is necessary to
carry out its duties. The Federal agency requested, shall
provide the information requested, but shall notify the
Commission if any of the information provided is protected from
disclosure under section 552 of title 5, United States Code, or
some similar statute.
(B) Subject to section 552 of title 5, United States Code,
the records, reports, transcripts, minutes, and other documents
which were prepared by the Commission shall be available for
public inspection and copying in the office of the Commission.
Any documents made available to the Commission from sources
outside of the Commission, to which were attached notices that
the information is protected from disclosure, shall not be made
available by the Commission for inspection or copying.
(3) Postal service.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(4) Printing.--For purposes of cost relating to the
printing and binding, including the cost of any personnel
detailed from the Government Printing Office, the Commission
shall be deemed to be a committee of the Congress.
SEC. 7. REPORT.
Not later than February 28, 2003, the Commission shall submit a
report to the President and the Congress with recommendations for
modifications to the current structure, concepts, classifications, and
bases of accounting of the Federal budget. A detailed explanation of
the basis of those recommendations and conclusions shall be included in
the report. At the request of any Commission member, the report shall
include that member's dissenting views or opinions.
SEC. 8. TERMINATION.
The Commission shall terminate 30 days after the date of submission
of the report required in section 7.
SEC. 9. FUNDING.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. Sums so appropriated shall remain available
until expended.
SEC. 10. EFFECTIVE DATE.
The Commission shall not be considered constituted to conduct
business until the earlier of the appointment of all appointed members
or two months after the date of enactment of this Act.
|
National Commission on Budget Concepts Act of 2002 - Establishes the National Commission on Budget Concepts to, among other things: (1) evaluate structure, concepts, classifications, and bases of accounting of the Federal budget; (2) evaluate the applicability and value of general accounting principles and practices used in the private sector to budget practices in the Federal sector; and (3) report recommendations for modifications to the structure, concepts, classifications, and bases of accounting of the Federal budget that would enhance the usefulness of the budget for public policy and financial planning.
|
{"src": "billsum_train", "title": "To establish the National Commission on Budget Concepts."}
| 2,150 | 112 | 0.656258 | 1.549642 | 1.236441 | 5.897196 | 19.598131 | 0.943925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Laboratory Surge Capacity
Preparedness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Federal Government, through grants provided by the
National Institute of Allergy and Infectious Diseases, has
invested more than $250,000,000 in the construction of regional
biocontainment laboratories (RBLs), a network of 13 university-
based Biosafety Level 3 (BSL3) laboratories. Individual
university grant recipients have provided additional private
matching funds to construct these facilities.
(2) These laboratories were established to fulfill 2
functions essential to the Nation's biodefense strategy:
(A) To support research for the development of
drugs, vaccines and diagnostics for emerging infections
and biological threats.
(B) To provide surge capacity in support of a
public emergency response to acts of bioterrorism and
outbreaks of infectious disease.
(3) While the Federal Government has provided support for
the construction of these facilities, it has not to date
provided the operational support required by these laboratories
to fulfill their Federal surge capacity mission.
(4) Recent bioterrorism exercises conducted by the
Department of Homeland Security and the Centers for Disease
Control and Prevention have demonstrated that the Federal
Government may not have sufficient laboratory surge capacity to
adequately respond to a large scale bioterrorism event.
(5) Once fully operational, the network of RBLs will be
able to collectively provide more than 52,000 square feet of
laboratory space within a relatively short period of a declared
national bioterror or pandemic emergency.
(6) In addition, the RBL network will be able to
collectively provide the services of nearly 500 trained
personnel, of which more than 230 will have Department of
Justice clearance.
(7) Each of the RBLs has highly trained and specialized
personnel capable of handling select agent pathogens and
conducting diagnostic testing, in a secure BSL3 setting that
can be ``locked down'' rapidly and discreetly during an act of
bioterrorism. Each facility can maintain ``chain of custody''
requirements for specimen processing.
(8) All of the RBL facilities were designed with multiple
laboratory suites, so that each can handle multiple airborne
pathogens simultaneously without the risk for cross-
contamination. Additionally, the RBLs can support critical
threat assessment research through the combined strengths of
some of the world's leading bioterrorism research experts and
the development of diverse animal models.
(9) The House Homeland Security Appropriations Subcommittee
recognized the multi-agency potential of the RBLs by including
report language in its fiscal year 2008 appropriations bill
calling on the Department of Homeland Security to ``leverage
the Federal investment in these facilities''.
(10) The Federal Government, through the Department of
Homeland Security, should provide funding for the RBL network
to preserve this critical homeland security asset and ensure
that the Nation has the surge capacity needed to adequately
respond to acts of bioterrorism and pandemics.
SEC. 3. LABORATORY SURGE CAPACITY.
(a) Grants.--The Secretary of Homeland Security shall award grants
on a competitive basis to regional biocontainment laboratories for
maintaining surge capacity that can be used to respond to acts of
bioterrorism or outbreaks of infectious diseases.
(b) Amount.--The Secretary shall base the amount of a grant under
this section to a regional biocontainment laboratory on the costs
incurred by such laboratory that are associated with the provision of
surge capacity.
(c) Inspections.--The Secretary may award a grant to a regional
biocontainment laboratory under this section only if the laboratory
agrees to allow the Secretary and other relevant Federal agencies to
inspect the facilities of the laboratory.
(d) Definitions.--In this section--
(1) The term ``regional biocontainment laboratory'' means
any of the 13 regional biocontainment laboratories funded
through the National Institute of Allergy and Infectious
Diseases.
(2) The term ``relevant Federal agency'' means any Federal
agency with a role in public emergency response to acts of
bioterrorism and outbreaks of infectious diseases.
(3) The term ``Secretary'' means the Secretary of Homeland
Security.
(e) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated--
(1) $21,500,000 for fiscal year 2009;
(2) $23,500,000 in fiscal year 2010; and
(3) $26,000,000 in fiscal year 2011.
SEC. 4. REPORTING.
Not later than 6 months after the date of the enactment of this
Act, the Secretary of Homeland Security, in consultation with the
Secretary of Health and Human Services, shall report to the Congress
on--
(1) activities undertaken to integrate the network of
regional biocontainment laboratories (as defined in section
3(d)(1)) with the Center for Disease Control and Prevention's
laboratory reponse network; and
(2) the extent to which additional Biosafety Level 3 (BSL3)
laboratories are needed to fulfill the Nation's laboratory
surge capacity needs.
|
Laboratory Surge Capacity Preparedness Act - Directs the Secretary of Homeland Security to award grants to regional biocontainment laboratories for maintaining surge capacity that can be used to respond to acts of bioterrorism or outbreaks of infectious diseases. Authorizes the Secretary to award such a grant only if the laboratory agrees to allow the Secretary and other relevant federal agencies to inspect laboratory facilities.
Requires the Secretary to report to Congress on: (1) activities undertaken to integrate the network of regional biocontainment laboratories with the laboratory response network of the Centers for Disease Control and Prevention (CDC); and (2) the extent to which additional Biosafety Level 3 laboratories are needed to fulfill the national's laboratory surge capacity needs.
|
{"src": "billsum_train", "title": "To authorize the Secretary of Homeland Security to award grants on a competitive basis to regional biocontainment laboratories for maintaining surge capacity that can be used to respond to acts of bioterrorism or outbreaks of infectious diseases, and for other purposes."}
| 1,098 | 158 | 0.595968 | 1.789853 | 0.705804 | 5.778626 | 7.633588 | 0.969466 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Maritime Hazardous
Cargo Security Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. International committee for the safe and secure transportation
of especially hazardous cargo.
Sec. 3. Validation of compliance with ISPFC standards.
Sec. 4. Safety and security assistance for foreign ports.
Sec. 5. Coast Guard port assistance program.
Sec. 6. EHC facility risk-based cost sharing.
Sec. 7. Transportation security incident mitigation plan.
Sec. 8. Coast Guard national resource allocation plan.
Sec. 9. Incident command system training.
Sec. 10. Conveyance of certain National Defense Reserve Fleet Vessels.
Sec. 11. Pre-positioning interoperable communications equipment at
interagency operational centers.
Sec. 12. Definitions.
SEC. 2. INTERNATIONAL COMMITTEE FOR THE SAFE AND SECURE TRANSPORTATION
OF ESPECIALLY HAZARDOUS CARGO.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by inserting after section 70109 the following:
``Sec. 70109A. International committee for the safe and secure
transportation of especially hazardous cargo
``(a) In General.--The Secretary, in consultation with the
Secretary of State and other appropriate entities, shall, in a manner
consistent with international treaties, conventions, and agreements to
which the United States is a party, establish a committee that includes
representatives of United States trading partners that supply tank or
break-bulk shipments of especially hazardous cargo to the United
States.
``(b) Safe and Secure Loading, Unloading, and Transportation of
Especially Hazardous Cargoes.--In carrying out this section, the
Secretary, in cooperation with the International Maritime Organization
and in consultation with the International Standards Organization and
shipping industry stakeholders, shall develop protocols, procedures,
standards, and requirements for receiving, handling, loading,
unloading, vessel crewing, and transportation of especially hazardous
cargo to promote the safe and secure operation of ports, facilities,
and vessels that transport especially hazardous cargo to the United
States.
``(c) Deadlines.--The Secretary shall--
``(1) initiate the development of the committee within 180
days after the date of enactment of the Maritime Hazardous
Cargo Security Act; and
``(2) endeavor to have the protocols, procedures,
standards, and requirements developed by the committee take
effect within 3 years after the date of enactment of that Act.
``(d) Reports.--The Secretary shall report annually to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security on the
development, implementation, and administration of the protocols,
procedures, standards, and requirements developed by the committee
established under subsection (a).''.
(b) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by inserting after the item
relating the section 70109 the following:
``70109A. International committee for the safe and secure
transportation of especially hazardous
cargo.''.
SEC. 3. VALIDATION OF COMPLIANCE WITH ISPFC STANDARDS.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by inserting after section 70110 the following:
``70110A. Port safety and security validations
``(a) In General.--The Secretary, in consultation with the
Secretary of State, shall, in a manner consistent with international
treaties, conventions, and agreements to which the United States is a
party, develop and implement a voluntary program under which foreign
ports and facilities can certify their compliance with applicable
International Ship and Port Facility Code standards.
``(b) Third-Party Validation.--
``(1) In general.--In carrying out this section, the
Secretary, in cooperation with the International Maritime
Organization and the International Standards Organization,
shall develop and implement a program under which independent,
third-party entities are certified to validate a foreign port's
or facility's compliance under the program developed under
subsection (a).
``(2) Program components.--The international program shall
include--
``(A) international inspection protocols and
procedures;
``(B) minimum validation standards to ensure a port
or facility meets the applicable International Ship and
Port Facility Code standards;
``(C) recognition for foreign ports or facilities
that exceed the minimum standards;
``(D) uniform performance metrics by which
inspection validations are to be conducted;
``(E) a process for notifying a port or facility,
and its host nation, of areas of concern about the
port's or facility's failure to comply with
International Ship and Port Facility Code standards;
``(F) provisional or probationary validations;
``(G) conditions under which routine monitoring is
to occur if a port or facility receives a provisional
or probationary validation;
``(H) a process by which failed validations can be
appealed; and
``(I) an appropriate cycle for re-inspection and
validation.
``(c) Certification of Third Party Entities.--The Secretary may not
certify a third party entity to validate ports or facilities under
subsection (b) unless--
``(1) the entity demonstrates to the satisfaction of the
Secretary the ability to perform validations in accordance with
the standards, protocols, procedures, and requirements
established by the program implemented under subsection (a);
and
``(2) the entity has no beneficial interest in or any
direct control over the port and facilities being inspected and
validated.
``(d) Monitoring--The Secretary shall regularly monitor and audit
the operations of each third party entity conducting validations under
this section to ensure that it is meeting the minimum standards,
operating protocols, procedures, and requirements established by
international agreement.
``(e) Revocation.--The Secretary shall revoke the certification of
any entity determined by the Secretary not to meet the minimum
standards, operating protocol, procedures, and requirements established
by international agreement for third party entity validations.
``(f) Protection of Security and Proprietary Information.--In
carrying out this section, the Secretary shall take appropriate actions
to protect from disclosure information that--
``(1) is security sensitive, proprietary, or business
sensitive; or
``(2) is otherwise not appropriately in the public domain.
``(g) Deadlines.--The Secretary shall--
``(1) initiate procedures to carry out this section within
180 days after the date of enactment of the Maritime Hazardous
Cargo Security Act; and
``(2) develop standards under subsection (b) for third
party validation within 2 years after the date of enactment of
that Act.
``(h) Reports.--The Secretary shall report annually to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security on activities
conducted pursuant to this section.''.
(c) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by inserting after the item
relating to section 70110 the following:
``70110A. Port safety and security validations.''.
SEC. 4. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70110(e)(1) of title 46, United States
Code, is amended by striking the second sentence and inserting the
following: ``The Secretary shall establish a strategic plan to utilize
those assistance programs to assist ports and facilities that are found
by the Secretary under subsection (a) not to maintain effective
antiterrorism measures in the implementation of port security
antiterrorism measures.''.
(b) Conforming Amendments.--
(1) Section 70110 of title 46, United States Code, is
amended--
(A) by inserting ``OR FACILITIES'' after ``PORTS''
in the section heading;
(B) by inserting ``or facility'' after ``port''
each place it appears; and
(C) by striking ``Ports'' in the heading for
subsection (e) and inserting ``Ports, Facilities,''.
(2) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the item relating to
section 70110 and inserting the following:
``70110. Actions and assistance for foreign ports or facilities and
United States territories.''.
SEC. 5. COAST GUARD PORT ASSISTANCE PROGRAM.
Section 70110 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(f) Coast Guard Lend-Lease Assistance.--
``(1) In general.--The Secretary may lend, lease, or
otherwise provide equipment, and provide technical training and
support, to the owner or operator of a foreign port or
facility--
``(A) to assist in bringing the port or facility
into compliance with applicable International Ship and
Port Facility Code standards;
``(B) to assist the port or facility in meeting
standards established under section 70109A of this
chapter; and
``(C) to assist the port or facility in exceeding
the standards described in subparagraph (A) and (B).
``(2) Conditions.--The Secretary--
``(A) shall provide such assistance based upon an
assessment of the risks to the security of the United
States and the inability of the owner or operator of
the port or facility otherwise to bring the port or
facility into compliance with those standards and to
maintain compliance with them; but
``(B) may not provide such assistance unless the
facility or port has been subjected to a comprehensive
port security assessment by the Coast Guard or a third
party entity certified by the Secretary under section
70110A(b) to validate foreign port or facility
compliance with International Ship and Port Facility
Code standards.
``(3) Deadline.--The Secretary shall identify ports and
facilities that qualify for assistance under this subsection
within 180 days after the date of enactment of the Maritime
Hazardous Cargo Security Act.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary such sums as may
be necessary to carry out this subsection.''.
SEC. 6. EHC FACILITY RISK-BASED COST SHARING.
The Commandant shall identify facilities sited or constructed on or
adjacent to the navigable waters of the United States that receive,
handle, load, or unload especially hazardous cargos that pose a risk
greater than an acceptable risk threshhold, as determined by the
Secretary under a uniform risk assessment methodology. The Secretary
may establish a security cost-share plan to assist the Coast Guard in
providing security for the transportation of especially hazardous cargo
to such facilities.
SEC. 7. TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.
Section 70103(b)(2) of title 46, United States Code, is amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) establish regional response and recovery protocols to
prepare for, respond to, mitigate against, and recover from a
transportation security incident consistent with section 202 of
the Security and Accountability for Every Port Act of 2006 (6
U.S.C. 942) and section 70103(a) of title 46, United States
Code;''.
SEC. 8. COAST GUARD NATIONAL RESOURCE ALLOCATION PLAN.
The Commandant shall develop a national resource allocation plan
for Coast Guard assets and resources necessary to meet safety and
security requirements associated with receiving, handling, and loading
especially hazardous cargo at United States ports and facilities,
taking into account the Coast Guard assets and resources necessary to
execute other Coast Guard missions. The Secretary shall submit the plan
to the Congress at the same time as the President submits the Budget of
the United States for fiscal year 2009, together with an estimate of
the operational and capital costs required to assure an acceptable
level of safety and security under the plan.
SEC. 9. INCIDENT COMMAND SYSTEM TRAINING.
The Secretary shall ensure that Federal, State, and local personnel
responsible for the safety and security of vessels in port carrying
especially hazardous cargo have successfully completed training in the
Coast Guard's incident command system.
SEC. 10. CONVEYANCE OF CERTAIN NATIONAL DEFENSE RESERVE FLEET VESSELS.
Section 57102 of title 46, United States Code, is amended--
(1) by striking ``vessel or sell the vessel for cash.'' in
subsection (a) and inserting ``vessel, sell the vessel for
cash, or convey the vessel under subsection (c) to the owner or
operator of a port.''; and
(2) by adding at the end thereof the following:
``(c) Conveyance to Port Authority.--The Secretary, after
consultation with the Maritime Administration, may convey a vessel
described in subsection (a) to the owner or operator of a United States
or foreign port--
``(1) for use in safety or security operations at that
port;
``(2) with or without compensation; and
``(3) subject to such limitations on its use and further
disposition as the Secretary determines to be appropriate.''.
SEC. 11. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT
INTERAGENCY OPERATIONAL CENTERS.
Section 70107A of title 46, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Deployment of Interoperable Communications Equipment at
Interagency Operational Centers.--
``(1) In general.--The Secretary shall ensure that
interoperable communications technology is deployed at all
interagency operational centers established under subsection
(a).
``(2) Considerations.--In carrying out paragraph (1), the
Secretary shall consider the continuing technological evolution
of communications technologies and devices, with its implicit
risk of obsolescence, and shall ensure, to the maximum extent
feasible, that a substantial part of the technology deployed
involves prenegotiated contracts and other arrangements for
rapid deployment of equipment, supplies, and systems rather
than the warehousing or storage of equipment and supplies
currently available at the time the technology is deployed.
``(3) Requirements and characteristics.--The interoperable
communications technology deployed under paragraph (1) shall--
``(A) be capable of re-establishing communications
when existing infrastructure is damaged or destroyed in
an emergency or a major disaster;
``(B) include appropriate current, widely-used
equipment, such as Land Mobile Radio Systems, cellular
telephones and satellite equipment, Cells-On-Wheels,
Cells-On-Light-Trucks, or other self-contained mobile
cell sites that can be towed, backup batteries,
generators, fuel, and computers;
``(C) include contracts (including prenegotiated
contracts) for rapid delivery of the most current
technology available from commercial sources;
``(D) include arrangements for training to ensure
that personnel are familiar with the operation of the
equipment and devices to be delivered pursuant to such
contracts; and
``(E) be utilized as appropriate during live area
exercises conducted by the United States Coast Guard.
``(4) Additional characteristics.--Portions of the
communications technology deployed under paragraph (1) may be
virtual and may include items donated on an in-kind
contribution basis.
``(5) Rule of construction.--Nothing in this subsection
shall be construed or interpreted to preclude the use of funds
under this section by the Secretary for interim or long-term
Internet Protocol-based interoperable solutions,
notwithstanding compliance with the Project 25 standard.''.
SEC. 12. DEFINITIONS.
In this Act:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Especially hazardous cargo.--The t
|
Maritime Hazardous Cargo Security Act - Amends port security provisions to direct the Secretary of the department in which the Coast Guard is operating to: (1) establish an international committee for the safe and secure handling and transportation of especially hazardous cargo to the United States; (2) develop and implement a voluntary program under which foreign ports and facilities can certify their compliance with International Ship and Port Facility Code (ISPFC) standards (including a program under which independent, third-party entities are certified to validate such ports' and facilities' compliance with such standards); and (3) establish a strategic plan (under current law, program) to utilize assistance programs to assist foreign ports and facilities that lack effective antiterrorism measures in implementing port security antiterrorism measures.
Authorizes the Coast Guard (CG) to lend, lease, or otherwise provide equipment and technical training and support to foreign ports and facilities to assist them in complying, and validating such compliance, with ISPFC standards.
Authorizes the Secretary to establish a security cost-share plan to assist the CG in providing security for the transportation of especially hazardous cargo to facilities located on or adjacent to U.S. navigable waters.
Includes the establishing of regional response and recovery protocols to prepare for, respond to, mitigate against, and recover from a transportation security incident in area maritime transportation security plans.
Directs the CG Commandant to develop a CG national resource allocation plan to meet safety and security requirements associated with the handling of especially hazardous cargo at U.S. ports and facilities.
Directs the Secretary to ensure that federal, state, and local personnel responsible for the safety and security of vessels in port carrying especially hazardous cargo complete CG incident command system training.
Authorizes the Secretary to convey (with or without compensation) national defense reserve fleet vessels to owners or operators of U.S. or foreign ports for use in port safety or security operations.
Directs the Secretary to ensure that interoperable communications technology is deployed at all interagency operational centers for port security located at high-priority ports.
|
{"src": "billsum_train", "title": "A bill to amend title 46, United States Code, to improve port safety and security for especially hazardous cargos, and for other purposes."}
| 3,593 | 428 | 0.627154 | 2.102337 | 0.842158 | 3.953608 | 8.564433 | 0.917526 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Monetary Policy and Treasury Finance
Enhancement Act of 1993''.
SEC. 2. PURPOSES.
The purposes of this Act are to facilitate the inference of
inflation expectations by the Board of Governors of the Federal Reserve
System and by investors, to assist the Board of Governors in reducing
inflation, and, through lower inflation, to contribute to lower
interest rates.
SEC. 3. ISSUANCE OF INDEXED OBLIGATIONS.
(a) In General.--Subchapter I of chapter 31 of title 31, United
States Code, is amended by adding at the end thereof the following new
section:
``Sec. 3114. Indexed Obligations
``(a) Mandatory Issuances.--
``(1) In general.--At least 10 percent of the aggregate
face amount of longer-term public debt obligations issued
during a fiscal year shall be in the form of indexed
obligations.
``(2) Higher requirement in certain cases.--If, as of the
beginning of any fiscal year, less than 10 percent of the
aggregate face amount of outstanding obligations issued under
section 3102 and 3103 and having at least 5 years to maturity
are in the form of indexed obligations, the aggregate face
amount of longer-term public debt obligations issued during
such fiscal year which shall be in the form of indexed
obligations shall be at least the greater of--
``(A) the amount required to be in such form under
paragraph (1), or
``(B) 2 percent of the aggregate face amount of
obligations issued under section 3102 and 3103 which,
as of the beginning of such fiscal year, are
outstanding and have at least 5 years to maturity.
The indexed face amount of an outstanding indexed obligation
shall be taken into account under this subparagraph and
subsection (c) (in lieu of its actual face amount) in
determining the amount of indexed obligations required or
permitted to be issued.
``(3) Longer-term public debt obligations.--For purposes of
this subsection, the term `longer-term public debt obligation'
means any obligation issued under section 3102 or 3103 which
matures at least 5 years after the date of issue.
``(b) Discretionary Issuances.--
``(1) In general.--The Secretary of the Treasury may issue
obligations under section 3102 or 3103 which mature at least
270 days but less than 5 years after the date of issue in the
form of indexed obligations.
``(2) Minimum issuance if discretion exercised.--The
Secretary of the Treasury may exercise the authority under this
subsection only if at least 5 percent of the aggregate face
amount of the obligations referred to in paragraph (1) which
are issued during a fiscal year are in the form of indexed
obligations.
``(c) Aggregate Limit.--Not more than 50 percent of the aggregate
face amount of obligations issued under section 3102 or 3103 which
mature on any day shall be in the form of indexed obligations.
``(d) Indexed Obligations.--For purposes of this section--
``(1) In general.--The term `indexed obligations' means any
obligation--
``(A) which has a redemption value at maturity
equal to its indexed face amount,
``(B) which has a face amount at issuance of at
least $1,000 but not more than $5,000,
``(C) which may not be redeemed before maturity,
and
``(D) the interest (if any) on which is payable for
any period on the basis of its indexed face amount as
of the beginning of such period.
``(2) Indexed face amount.--The term `indexed face amount'
means, as of any date, the sum of--
``(A) the face amount of the obligation at
issuance, plus
``(B) such face amount multiplied by the percentage
by which--
``(i) the selected index for such date,
exceeds
``(ii) the selected index for the issue
date of the obligation.
``(3) Selected index for date.--The selected index for any
date is the selected index for the second calendar month
preceding the calendar month in which such date occurs. If the
selected index is not determined on a monthly basis, the
Secretary of the Treasury shall prescribe a rule for
determining the selected index for any date, and such
prescribed rule shall apply in lieu of the preceding sentence.
``(4) Selected index.--
``(A) In general.--Except as provided in
subparagraph (B), the term `selected index' means the
CPI.
``(B) Another index may be used.--If the Secretary
of the Treasury and the Chairman of the Board of
Governors of the Federal Reserve System--
``(i) agree that the use of the CPI for
purposes of paragraph (2) is unsatisfactory and
that the use of another index would be more
satisfactory for such purposes, and
``(ii) submit a report to Congress jointly
recommending the use of such other index,
the term `selected index' means such other index.
``(C) Changes in index.--The selected index
applicable to any indexed obligation shall be such
index as of the date of issue of such obligation, and
such index shall be determined, with respect to such
obligation, without regard to changes in its structure
or computation after such date.
``(5) CPI.--The term `CPI' means the Consumer Price Index
for all urban consumers published by the Department of Labor.
``(e) Terms and Conditions.--Indexed obligations may be offered for
sale on a competitive or other basis under such regulations and upon
such terms and conditions as the Secretary of the Treasury may
prescribe. The Secretary shall provide that such obligations shall be
available for purchase by individuals both directly from the Department
of the Treasury and through Federal Reserve System facilities.
``(f) Consultation With Federal Reserve.--The Secretary of the
Treasury shall consult with the Chairman of the Board of Governors of
the Federal Reserve System in determining the amounts, maturities, and
timing of issuances of indexed obligations under this section. The
Secretary shall maintain appropriate records of all recommendations
received from the Chairman in such consultations.
``(g) Considerations.--In determining the amounts, maturities, and
timing of issuances of indexed obligations under this section, the
Secretary of the Treasury shall--
``(1) attribute reasonable benefits to improvements in
monetary management resulting from the issuance of indexed
obligations, including reasonable estimates for reduced
interests costs on obligations that are not indexed obligations
arising from better inflation control and from smaller budget
deficits as a consequence of improved economic stabilization,
and
``(2) assure liquidity and pricing reliability in indexed
obligations and the competitiveness of such obligations with
nonindexed obligations issued under section 3102 and 3103 with
comparable maturities, including assuring that each issue of
interest-bearing indexed obligations is of an amount sufficient
to permit the right to receive interest on such obligations to
be traded separately from the underlying obligations.
The Secretary shall periodically announce expected issuance and
maturity dates of issues of indexed obligations and the expected
proportion of the total obligations issued under sections 3102 and 3103
having those maturity dates which are expected to be indexed
obligations. Such announcements shall precede expected issuance dates
by at least 1 year.
``(h) Monitoring.--The Secretary of the Treasury shall monitor the
ownership and trading activity of indexed and nonindexed obligations
issued under section 3102 or 3103 having the same maturity dates for
purposes of assuring liquidity and pricing reliability with respect to
indexed obligations.
``(i) Reports.--Not later than 2 years after the date of the
enactment of this section, and not later than the close of each 2-year
period thereafter, the Secretary of the Treasury shall submit to the
Congress a report on the program established under this section. No
report shall be required under this subsection for any period after the
10th year after the date of the enactment of this section.''.
(b) Procedure.--Subsection (a) of section 3121 of such title 31 is
amended by striking ``and'' at the end of paragraph (6), by
redesignating paragraph (7) as paragraph (8), and by inserting after
paragraph (6) the following new paragraph:
``(7) whether the obligation is to be issued as an indexed
obligation; and''.
(c) Clerical Amendment.--The table of sections for subchapter I of
chapter 31 of title 31 of such Code is amended by adding at the end
thereof the following new item:
``3114. Indexed obligations.''.
(d) Effective Date.--The amendments made by this section shall
apply to fiscal years beginning after the date of the enactment of this
Act.
(e) Taxation.--It is the intent of the Congress that--
(1) except for changes to minimize any Federal income tax
incentives or disincentives to acquiring indexed obligations as
compared to nonindexed obligations, Federal income tax changes
which affect nonindexed obligations should apply to the fullest
extent feasible to indexed obligations, and
(2) there should be symmetrical treatment applied to
increases and decreases in the indexed face amount of an
indexed obligation such that, for example, if increases in the
indexed face amount of an obligation are includible in gross
income as ordinary income, decreases in the indexed face amount
of an obligation should be allowable as a deduction as an
ordinary loss.
|
Monetary Policy and Treasury Finance Enhancement Act of 1993 - Requires at least ten percent of the aggregate face amount of longer-term public debt obligations (bonds or notes which mature at least five years after the date of issue) issued during a fiscal year to be in the form of indexed obligations. Specifies a higher requirement in certain cases.
Allows the Secretary of the Treasury to issue bond and note obligations which mature at least 270 days but less than five years after the date of issue in the form of indexed obligations.
Prohibits more than 50 percent of the aggregate face amount of bond or note obligations which mature on any day from being in the form of indexed obligations.
Bases indexed obligations on the Consumer Price Index.
Provides for the Secretary to determine the amounts, maturities, and timing of issuances of indexed obligations. Requires the Secretary to monitor the ownership and trading activity of indexed and nonindexed obligations having the same maturity dates to assure liquidity and pricing reliability.
Requires the Secretary to report to the Congress on provisions of this Act every two years until the tenth year after enactment.
Expresses the intent of the Congress with respect to Federal income tax treatment of indexed and nonindexed obligations.
|
{"src": "billsum_train", "title": "Monetary Policy and Treasury Finance Enhancement Act of 1993"}
| 2,091 | 272 | 0.652853 | 1.947286 | 0.816257 | 3.888889 | 8.311966 | 0.880342 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Marriage Penalty
and Family Tax Relief Act of 2001''.
(b) Section 15 Not To Apply.--No amendment made by this Act shall
be treated as a change in a rate of tax for purposes of section 15 of
the Internal Revenue Code of 1986.
SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN STANDARD DEDUCTION.
(a) In General.--Paragraph (2) of section 63(c) of the Internal
Revenue Code of 1986 (relating to standard deduction) is amended--
(1) by striking ``$5,000'' in subparagraph (A) and
inserting ``200 percent of the dollar amount in effect under
subparagraph (C) for the taxable year'';
(2) by adding ``or'' at the end of subparagraph (B);
(3) by striking ``in the case of'' and all that follows in
subparagraph (C) and inserting ``in any other case.''; and
(4) by striking subparagraph (D).
(b) Technical Amendments.--
(1) Subparagraph (B) of section 1(f)(6) of such Code is
amended by striking ``(other than with'' and all that follows
through ``shall be applied'' and inserting ``(other than with
respect to sections 63(c)(4) and 151(d)(4)(A)) shall be
applied''.
(2) Paragraph (4) of section 63(c) of such Code is amended
by adding at the end the following flush sentence:
``The preceding sentence shall not apply to the amount referred
to in paragraph (2)(A).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 3. PHASEOUT OF MARRIAGE PENALTY IN 15-PERCENT BRACKET.
(a) In General.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 (relating to adjustments in tax tables so that
inflation will not result in tax increases) is amended by adding at the
end the following new paragraph:
``(8) Phaseout of marriage penalty in 15-percent bracket.--
``(A) In general.--With respect to taxable years
beginning after December 31, 2003, in prescribing the
tables under paragraph (1)--
``(i) the maximum taxable income in the
lowest rate bracket in the table contained in
subsection (a) (and the minimum taxable income
in the next higher taxable income bracket in
such table) shall be the applicable percentage
of the maximum taxable income in the lowest
rate bracket in the table contained in
subsection (c) (after any other adjustment
under this subsection), and
``(ii) the comparable taxable income
amounts in the table contained in subsection
(d) shall be \1/2\ of the amounts determined
under clause (i).
``(B) Applicable percentage.--For purposes of
subparagraph (A), the applicable percentage shall be
determined in accordance with the following table:
``For taxable years beginning
The applicable
in calendar year--
percentage is--
2004................................... 172
2005................................... 178
2006................................... 183
2007................................... 189
2008................................... 195
2009 and thereafter.................... 200.
``(C) Rounding.--If any amount determined under
subparagraph (A)(i) is not a multiple of $50, such
amount shall be rounded to the next lowest multiple of
$50.''.
(b) Repeal of Reduction of Refundable Tax Credits.--
(1) Subsection (d) of section 24 of such Code is amended by
striking paragraph (2) and redesignating paragraph (3) as
paragraph (2).
(2) Section 32 of such Code is amended by striking
subsection (h).
(c) Increase in Alternative Minimum Tax Exemption Amount for Joint
Returns.--
(1) In general.--Subsection (d) of section 55 of such Code
is amended by adding at the end the following new paragraph:
``(4) Adjustment of exemption amount for joint returns.--
``(A) In general.--The dollar amount applicable
under paragraph (1)(A) for 2008 and each even-numbered
calendar year thereafter--
``(i) shall be $500 greater than the dollar
amount applicable under paragraph (1)(A) for
the prior even-numbered calendar year, and
``(ii) shall apply to taxable years
beginning in such even-numbered calendar year
and in the succeeding calendar year.
In no event shall the dollar amount applicable under
paragraph (1)(A) exceed twice the dollar amount
applicable under paragraph (1)(B).
``(B) Exemption amounts for 2005, 2006, and 2007.--
The dollar amount applicable under paragraph (1)(A)
shall be--
``(i) $46,000 for taxable years beginning
in 2005, and
``(ii) $46,500 for taxable years beginning
in 2006 or 2007.''.
(2) Conforming amendments.--
(A) Paragraph (1) of section 55(d) of such Code is
amended by striking ``and'' at the end of subparagraph
(B), by striking subparagraph (C), and by inserting
after subparagraph (B) the following new subparagraphs:
``(C) 50 percent of the dollar amount applicable
under paragraph (1)(A) in the case of a married
individual who files a separate return, and
``(D) $22,500 in the case of an estate or trust.''.
(B) Subparagraph (C) of section 55(d)(3) of such
Code is amended by striking ``paragraph (1)(C)'' and
inserting ``subparagraph (C) or (D) of paragraph (1)''.
(C) The last sentence of section 55(d)(3) of such
Code is amended--
(i) by striking ``paragraph (1)(C)(i)'' and
inserting ``paragraph (1)(C)''; and
(ii) by striking ``$165,000 or (ii)
$22,500'' and inserting ``the minimum amount of
such income (as so determined) for which the
exemption amount under paragraph (1)(C) is
zero, or (ii) such exemption amount (determined
without regard to this paragraph)''.
(d) Technical Amendments.--
(1) Subparagraph (A) of section 1(f)(2) of such Code is
amended by inserting ``except as provided in paragraph (8),''
before ``by increasing''.
(2) The heading for subsection (f) of section 1 of such
Code is amended by inserting ``Phaseout of Marriage Penalty in
15-Percent Bracket;'' before ``Adjustments''.
(e) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
taxable years beginning after December 31, 2003.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to taxable years beginning after December 31, 2001.
(3) Subsection (c).--The amendments made by subsection (c)
shall apply to taxable years beginning after December 31, 2004.
SEC. 4. MARRIAGE PENALTY RELIEF FOR EARNED INCOME CREDIT; EARNED INCOME
TO INCLUDE ONLY AMOUNTS INCLUDIBLE IN GROSS INCOME.
(a) In General.--Paragraph (2) of section 32(b) of the Internal
Revenue Code of 1986 (relating to percentages and amounts) is amended--
(1) by striking ``Amounts.--The earned'' and inserting
``Amounts.--
``(A) In general.--Subject to subparagraph (B), the
earned''; and
(2) by adding at the end the following new subparagraph:
``(B) Joint returns.--In the case of a joint
return, the earned income amount determined under
subparagraph (A) shall be 110 percent of the otherwise
applicable amount. If any amount determined under the
preceding sentence is not a multiple of $10, such
amount shall be rounded to the nearest multiple of
$10.''.
(b) Earned Income To Include Only Amounts Includible in Gross
Income.--Clause (i) of section 32(c)(2)(A) of such Code (defining
earned income) is amended by inserting ``, but only if such amounts are
includible in gross income for the taxable year'' after ``other
employee compensation''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001.
SEC. 5. MODIFICATIONS TO CHILD TAX CREDIT.
(a) Increase in Per Child Amount.--Subsection (a) of section 24 of
the Internal Revenue Code of 1986 (relating to child tax credit) is
amended to read as follows:
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year
with respect to each qualifying child of the taxpayer an amount
equal to the per child amount.
``(2) Per child amount.--For purposes of paragraph (1), the
per child amount shall be determined as follows:
``In the case of any taxable year The per child amount is--
beginning in--
2001 and 2002................................. $ 600
2003.......................................... 700
2004.......................................... 800
2005.......................................... 900
2006 or thereafter............................ 1,000.''.
(b) Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Subsection (b) of section 24 of such Code
is amended by adding at the end the following new paragraph:
``(3) Limitation based on amount of tax.--The credit
allowed under subsection (a) for any taxable year shall not
exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) and section 27 for
the taxable year.''.
(2) Conforming amendments.--
(A) The heading for section 24(b) of such Code is
amended to read as follows: ``Limitations.--''.
(B) The heading for section 24(b)(1) of such Code
is amended to read as follows: ``Limitation based on
adjusted gross income.--''.
(C) Section 24(d) of such Code is amended--
(i) by striking ``section 26(a)'' each
place it appears and inserting ``subsection
(b)(3)'', and
(ii) in paragraph (1)(B) by striking
``aggregate amount of credits allowed by this
subpart'' and inserting ``amount of credit
allowed by this section''.
(D) Paragraph (1) of section 26(a) of such Code is
amended by inserting ``(other than section 24)'' after
``this subpart''.
(E) Subsection (c) of section 23 of such Code is
amended by striking ``and section 1400C'' and inserting
``and sections 24 and 1400C''.
(F) Subparagraph (C) of section 25(e)(1) of such
Code is amended by inserting ``, 24,'' after ``sections
23''.
(G) Section 904(h) of such Code is amended by
inserting ``(other than section 24)'' after
``chapter''.
(H) Subsection (d) of section 1400C of such Code is
amended by inserting ``and section 24'' after ``this
section''.
(c) Additional Credit for Families With 3 or More Children
Available to All Families.--Subsection (d) of section 24 of such Code
is amended--
(1) in paragraph (1) by striking ``In the case of a
taxpayer with three or more qualifying children for any taxable
year, the'' and inserting ``The'', and
(2) in the subsection heading by striking ``With 3 or More
Children'' and inserting ``Paying Social Security Taxes''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2000.
(2) Subsection (b).--The amendments made by subsection (b)
shall apply to taxable years beginning after December 31, 2001.
SEC. 6. PROTECTION OF SOCIAL SECURITY AND MEDICARE.
The amounts transferred to any trust fund under the Social Security
Act shall be determined as if this Act had not been enacted.
Passed the House of Representatives March 29, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
|
Marriage Penalty and Family Tax Relief Act of 2001 - Amends the Internal Revenue Code to provide that the basic standard deduction on a joint return shall be equal to 200 percent of the dollar amount of an individual who is not married.(Sec. 3) Provides a six-year schedule for making, by 2009, the maximum taxable income in the lowest married bracket equal to double the maximum taxable income in the lowest single filer bracket.Repeals provisions providing for: (1) the reduction in the additional child tax credit for families with three or more children for taxpayers subject to the alternative minimum tax; and (2) the reduction in the earned income credit for taxpayers subject to the alternative minimum tax.Provides, starting in 2008, for increasing the alternative minimum tax exemption amount on joint returns.(Sec. 4) Provides for increases in the earned income credit phaseout amount on a joint return equal to 110 percent of the otherwise applicable amount.Includes in the definition of the term "earned income," for purposes of the earned income credit, only amounts included in gross income.(Sec 5) Provides a schedule for increasing the child tax credit to $1,000 by 2006.Prohibits the child tax credit from exceeding the excess of: (1) the sum of the regular tax liability plus the alternative minimum tax; over (2) the sum of the nonrefundable personal credits (other than the child tax credit) and the foreign tax credit and Puerto Rico and possession tax credit.Extends the availability of the additional credit for families with three or more children to families with fewer than three children.(Sec. 6) States that the amounts transferred to any Social Security Act trust fund shall be determined as if this Act had not been enacted.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce the marriage penalty by providing for adjustments to the standard deduction, the 15-percent rate bracket, and the earned income credit, to increase the child credit and for other purposes."}
| 2,917 | 372 | 0.515477 | 1.47804 | 0.551679 | 2.812308 | 7.987692 | 0.861538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Water Pollution Program Enhancements
Act of 2000''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) NAPA study--The term ``NAPA Study'' means the study
required to be carried out under section 4(b).
(3) NAS study.--The term ``NAS Study'' means the study
required to be carried out under section 4(a).
SEC. 3. FUNDING FOR WATER POLLUTION CONTROL MEASURES.
(a) State Grants.--Section 106 of the Federal Water Pollution
Control Act (33 U.S.C. 1256) is amending by striking subsection (a) and
inserting the following:
``(a) Funding.--
``(1) In general.--There are authorized to be appropriated
$250,000,000 for each of fiscal years 2001 through 2007, to
remain available until expended, for grants to States and
interstate agencies to be used in carrying out this section,
including--
``(A) the administration of programs for the
prevention, reduction, and elimination of pollutants;
and
``(B) enforcement carried out directly or through
appropriate State law enforcement officers and
agencies.
``(2) State activities.--Of the amount authorized under
paragraph (1) for any fiscal year, $50,000,000 shall be made
available to States for--
``(A) the collection of reliable monitoring data;
``(B) the improvement of lists prepared under
section 303(d)(1);
``(C) the preparation of total maximum daily load
allocations under section 303(d); and
``(D) the development of watershed management
strategies.
(b) Nonpoint Source Management Programs.--Section 319 of the
Federal Water Pollution Control Act (33 U.S.C. 1329) is amended by
striking subsection (j) and inserting the following:
``(j) Authorization of Appropriations.--
``(1) In general.--Subject to paragraphs (2) and (3), there
is authorized to be appropriated to carry out subsections (h)
and (i) $500,000,000 for each of fiscal years 2001 through
2007, to remain available until expended.
``(2) Groundwater quality.--Of the amount authorized under
paragraph (1) for any fiscal year, not more than $7,500,000 may
be made available to carry out subsection (i).
``(3) Project grants.--
``(A) In general.--Of the amount authorized under
paragraph (1) for any fiscal year, $200,000,000 shall
be made available to States to provide grants to
landowners to develop and implement nonpoint source
pollution control projects or activities to restore or
improve the water quality of impaired water that has
been identified by a State as a priority for
restoration.
``(B) Cost sharing.--
``(i) Federal share.--The Federal share of
the costs of any project or activity funded
under this paragraph shall not exceed 90
percent.
``(ii) Non-federal share.--The recipient of
a grant under this paragraph may use funds from
other Federal programs and eligible in-kind
contributions to satisfy the non-Federal share.
``(C) Limitation.--Grants under this paragraph
shall not be made available for projects or activities
that are required to be carried out under Federal or
State law.''.
SEC. 4. REPORTS TO CONGRESS.
(a) National Academy of Sciences Study.--
(1) In general.--The Administrator shall contract with the
National Academy of Sciences to conduct a study of--
(A) the scientific basis underlying the development
and implementation of total maximum daily loads under
the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); and
(B) the availability and effectiveness of
alternative programs or mechanisms in producing
quantifiable reductions of pollution from point sources
and non point sources to achieve water quality
standards.
(2) Submission of nas study to congress.--Not later than 18
months after the date of enactment of this Act, the
Administrator shall submit to the Committee on Transportation
and Infrastructure Committee of the House of Representatives
and the Committee on Environment and Public Works of the Senate
a copy of the NAS Study.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out the LAS Study $2,000,000, to
remain available until expended.
(b) National Academy of Public Administrators Study.--
(1) In general.--The Administrator shall contract with the
National Academy of Public Administrators to conduct a study
of--
(A) the effectiveness of existing voluntary and
other programs, activities, and practices being
implemented as of the date of enactment of this Act in
producing quantifiable reductions in pollution from
point sources and nonpoint sources and attaining water
quality standards; and
(B) the costs and benefits associated with the
programs, activities, and practices described in
subparagraph (A) that are incurred by State and local
governments and the private sector.
(2) Submission of napa study to congress.--Not later than
18 months after the date of enactment of this Act, the
Administrator shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a copy
of the NAPA Study.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out the NAPA Study $3,000,000, to
remain available until expended.
Passed the Senate October 10 (legislative day, September
22), 2000.
Attest:
GARY SISCO,
Secretary.
|
Reauthorizes appropriations for FY 2001 through 2007 for grants to States for implementation of nonpoint source pollution control management programs. Limits the amount made available from such funds for groundwater quality protection activities to advance States toward implementation of comprehensive nonpoint source pollution control programs. Makes $200 million available from such funds for States to provide grants to landowners to develop and implement nonpoint source pollution control projects to restore or improve water quality of impaired waters that have been identified as a priority for restoration. Limits the Federal share of project costs to 90 percent.
Requires the Administrator of the Environmental Protection Agency to contract with the National Academy of Sciences to conduct a study on the: (1) scientific basis underlying the development and implementation of total maximum daily loads under the Act; and (2) availability and effectiveness of alternative programs or mechanisms in producing quantifiable reductions of pollution from point and nonpoint sources to achieve water quality standards. Directs the Administrator to contract with the National Academy of Public Administrators to study: (1) the effectiveness of existing voluntary and other programs in producing quantifiable reductions in pollution from such sources and attaining water quality standards; and (2) the costs and benefits associated with such programs that are incurred by State and local governments and the private sector. Requires the Administrator to submit such studies to specified congressional committees. Authorizes appropriations.
|
{"src": "billsum_train", "title": "Water Pollution Program Enhancements Act of 2000"}
| 1,255 | 286 | 0.546717 | 1.499927 | 0.788081 | 3.437008 | 4.507874 | 0.893701 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NICS Denial Notification Act of
2016''.
SEC. 2. REPORTING OF BACKGROUND CHECK DENIALS.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by inserting after section 925A the following:
``Sec. 925B. Reporting of background check denials to State authorities
``(a) If the national instant criminal background check system
established under section 103 of the Brady Handgun Violence Prevention
Act provides a notice pursuant to section 922(t) of this title that the
receipt of a firearm by a person would violate subsection (g) or (n) of
section 922 of this title or State law, the Attorney General shall, in
accordance with subsection (b) of this section--
``(1) report to the law enforcement authorities of the
State where the person sought to acquire the firearm, and, if
different, the law enforcement authorities of the State of
residence of the person--
``(A) that the notice was provided;
``(B) of the specific provision of law that would
have been violated;
``(C) of the date and time the notice was provided;
``(D) of the location where the firearm was sought
to be acquired; and
``(E) of the identity of the person; and
``(2) where practicable, report the incident to local law
enforcement authorities and State and local prosecutors in the
jurisdiction where the firearm was sought and in the
jurisdiction where the person resides.
``(b) A report is made in accordance with this subsection if the
report is made within 24 hours after the provision of the notice
described in subsection (a), except that the making of the report may
be delayed for so long as is necessary to avoid compromising an ongoing
investigation.
``(c) Subsection (a) shall not be interpreted to require a report
with respect to a person to be made to the same State authorities that
originally issued the notice with respect to the person.''.
(b) Clerical Amendment.--The table of sections for such chapter is
amended by inserting after the item relating to section 925A the
following:
``925B. Reporting of background check denials to State authorities.''.
SEC. 3. STUDY OF BACKGROUND CHECK DENIALS; ANNUAL REPORT TO CONGRESS.
(a) In General.--Chapter 44 of title 18, United States Code, as
amended by section 2(a) of this Act, is amended by inserting after
section 925B the following:
``Sec. 925C. Study of background check denials; annual report to
Congress
``(a) Not later than 1 year after the date of the enactment of this
section, the Attorney General shall submit to the Congress a report
detailing which categories of people prohibited by section 922(g) from
receiving or possessing a firearm are most likely to engage in criminal
activity.
``(b) Not later than 1 year after the date of the enactment of this
section, and annually thereafter, the Attorney General shall submit to
the Congress a report detailing the following:
``(1) The findings of any research identifying which people
who are denied a firearm pursuant to section 922(t) are most
likely to engage in criminal activity.
``(2) With respect to each category of persons prohibited
by section 922(g) from receiving or possessing a firearm who
are so denied a firearm--
``(A) the number of cases referred to the Bureau of
Alcohol, Tobacco, Firearms and Explosives;
``(B) the number of cases with respect to which an
investigation was opened by a field division of the
Bureau;
``(C) the number of arrests made;
``(D) the number of persons charged with a criminal
offense in connection with the denial; and
``(E) the number of convictions obtained by Federal
authorities.
``(3) The number of background check notices reported to
State authorities pursuant to section 925B (including the
number of the notices that would have been so reported but for
section 925B(c)), along with an accounting of why any notice
described in such section was not so reported.
``(4) The number of background check notices reported to
local authorities pursuant to section 925B, along with an
accounting of the progress made in developing a system for
reporting the notices to local authorities.''.
(b) Clerical Amendment.--The table of sections for such chapter, as
amended by section 2(b) of this Act, is amended by inserting after the
item relating to section 925B the following:
``925C. Study of background check denials; annual report to
Congress.''.
|
NICS Denial Notification Act of 2016 This bill amends the federal criminal code to require the Department of Justice (DOJ) to report certain information to state and local law enforcement authorities following a determination, by the National Instant Criminal Background Check System, that a prospective firearm purchaser is a prohibited person (i.e., a person who is prohibited from receiving or possessing a firearm). DOJ must report to Congress on the categories of prohibited persons who are most likely to engage in criminal activity.
|
{"src": "billsum_train", "title": "NICS Denial Notification Act of 2016"}
| 1,075 | 107 | 0.491272 | 1.318922 | 0.414818 | 2.404255 | 10.478723 | 0.829787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Florida National Forest Land
Management Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) State.--The term ``State'' means the State of Florida.
SEC. 3. SALE OR EXCHANGE OF LAND.
(a) In General.--The Secretary may, under such terms and conditions
as the Secretary may prescribe, sell or exchange any right, title, and
interest of the United States in and to the parcels of Federal land in
the State described in subsection (b).
(b) Description of Land.--The parcels of Federal land in the State
referred to in subsection (a) consist of--
(1) tract A-942a, East Bay, Santa Rosa County, consisting
of approximately 61 acres, and more particularly described as
T. 1 S., R. 27 W., sec. 31, W1/2 of SW1/4;
(2) tract A-942b, East Bay, Santa Rosa County, consisting
of approximately 40 acres, and more particularly described as
T. 1 S., R. 27 W., sec. 38;
(3) tract A-942c, Ft. Walton, Okaloosa County, located
southeast of the intersection of and adjacent to State Road 86
and Mooney Road, consisting of approximately 0.59 acres, and
more particularly described as T. 1 S., R. 24 W., sec. 26;
(4) tract A-942d, located southeast of Crestview, Okaloosa
County, consisting of approximately 79.90 acres, and more
particularly described as T. 2 N., R. 23 W., sec. 2, NW1/4 NE1/
4 and NE1/4 NW1/4;
(5) tract A-943, Okaloosa County Fairgrounds, Ft. Walton,
Okaloosa County, consisting of approximately 30.14 acres, and
more particularly described as T. 1 S., R. 24 W., sec. 26, S1/
2;
(6) tract A-944, City Ball Park--Ft. Walton, Okaloosa
County, consisting of approximately 12.43 acres, and more
particularly described as T. 1 S., R. 24 W., sec. 26, S1/2;
(7) tract A-945, Landfill-Golf Course Driving Range,
located southeast of Crestview, Okaloosa County, consisting of
approximately 40.85 acres, and more particularly described as
T. 2 N., R. 23 W., sec. 4, NW1/4 NE1/4;
(8) tract A-959, 2 vacant lots on the north side of
Micheaux Road in Bristol, Liberty County, consisting of
approximately 0.5 acres, and more particularly described as T.
1 S., R. 7 W., sec. 6;
(9) tract C-3m-d, located southwest of Astor in Lake
County, consisting of approximately 15.0 acres, and more
particularly described as T. 15 S., R. 28 E., sec. 37;
(10) tract C-691, Lake County, consisting of the subsurface
rights to approximately 40.76 acres of land, and more
particularly described as T. 17 S., R. 29 E., sec. 25, SE1/4
NW1/4;
(11) tract C-2208b, Lake County, consisting of
approximately 39.99 acres, and more particularly described as
T. 17 S., R. 28 E., sec. 28, NW1/4 SE1/4;
(12) tract C-2209, Lake County, consisting of approximately
127.2 acres, as depicted on the map, and more particularly
described as T. 17 S., R. 28 E., sec. 21, NE1/4 SW1/4, SE1/4
NW1/4, and SE1/4 NE1/4;
(13) tract C-2209b, Lake County, consisting of
approximately 39.41 acres, and more particularly described as
T. 17 S., R. 29 E., sec. 32, NE1/4 SE1/4;
(14) tract C-2209c, Lake County, consisting of
approximately 40.09 acres, and more particularly described as
T. 18 S., R. 28 E., sec. 14, SE1/4 SW1/4;
(15) tract C-2209d, Lake County, consisting of
approximately 79.58 acres, and more particularly described as
T. 18 S., R. 29 E., sec. 5, SE1/4 NW1/4, NE1/4 SW1/4;
(16) tract C-2210, government lot 1, 20 recreational
residential lots, and adjacent land on Lake Kerr, Marion
County, consisting of approximately 30 acres, and more
particularly described as T. 13 S., R. 25 E., sec. 22;
(17) tract C-2213, located in the F.M. Arrendondo grant,
East of Ocala, Marion County, and including a portion of the
land located east of the western right-of-way of State Highway
19, consisting of approximately 15.0 acres, and more
particularly described as T. 14 and 15 S., R. 26 E., sec. 36,
38, and 40; and
(18) all improvements on the parcels described in
paragraphs (1) through (17).
(c) Legal Description Modification.--The Secretary may, for the
purposes of soliciting offers for the sale or exchange of land under
subsection (d), modify the descriptions of land specified in subsection
(b) based on--
(1) a survey; or
(2) a determination by the Secretary that the modification
would be in the best interest of the public.
(d) Solicitations of Offers.--
(1) In general.--Subject to such terms and conditions as
the Secretary may prescribe, the Secretary may solicit offers
for the sale or exchange of land described in subsection (b).
(2) Rejection of offers.--The Secretary may reject any
offer received under this section if the Secretary determines
that the offer--
(A) is not adequate; or
(B) is not in the public interest.
(e) Methods of Sale.--The Secretary may sell the land described in
subsection (b) at public or private sale (including at auction), in
accordance with any terms, conditions, and procedures that the
Secretary determines to be appropriate.
(f) Brokers.--In any sale or exchange of land described in
subsection (b), the Secretary may--
(1) use a real estate broker; and
(2) pay the real estate broker a commission in an amount
that is comparable to the amounts of commission generally paid
for real estate transactions in the area.
(g) Concurrence of the Secretary of the Air Force.--A parcel of
land described in paragraphs (1) through (7) of subsection (b) shall
not be sold or exchanged by the Secretary without the concurrence of
the Secretary of the Air Force.
(h) Cash Equalization.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), if
the value of non-Federal land for which Federal land is exchanged under
this section is less than the value of the Federal land exchanged, the
Secretary may accept a cash equalization payment in excess of 25
percent of the value of the Federal land.
(i) Disposition of Proceeds.--
(1) In general.--The net proceeds derived from any sale or
exchange under this Act shall be deposited in the fund
established by Public Law 90-171 (commonly known as the ``Sisk
Act'') (16 U.S.C. 484a).
(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary for expenditure, without further
appropriation, for--
(A) acquisition of land and interests in land for
inclusion as units of the National Forest System in the
State; and
(B) reimbursement of costs incurred by the
Secretary in carrying out land sales and exchanges
under this Act, including the payment of real estate
broker commissions under subsection (f).
SEC. 4. ADMINISTRATION.
(a) In General.--Land acquired by the United States under this Act
shall be--
(1) subject to the Act of March 1, 1911 (commonly known as
the ``Weeks Act'') (16 U.S.C. 480 et seq.); and
(2) administered in accordance with laws (including
regulations) applicable to the National Forest System.
(b) Applicable Law.--The land described in section 3(b) shall not
be subject to the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).
(c) Withdrawal.--Subject to valid existing rights, the land
described in section 3(b) is withdrawn from location, entry, and patent
under the public land laws, mining laws, and mineral leasing laws
(including geothermal leasing laws).
|
Florida National Forest Land Management Act of 2003 - Authorizes the Secretary of Agriculture to sell or exchange specified land in Florida. Requires the concurrence of the Secretary of the Air Force with respect to the sale or exchange of certain of such land.
|
{"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to sell or exchange certain land in the State of Florida, and for other purposes."}
| 1,969 | 53 | 0.474829 | 1.260494 | 0.515559 | 2.913043 | 37.326087 | 0.913043 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Accountability, Integrity,
and Responsibility in SCHIP Act of 2006'' or the ``FAIR-SCHIP Act of
2006''.
SEC. 2. FUNDING OF THE SCHIP ALLOTMENT SHORTFALLS FOR FISCAL YEAR 2007.
(a) In General.--Section 2104 of the Social Security Act (42 U.S.C.
1397dd) is amended by adding at the end the following new subsection:
``(h) Special Rules To Address Fiscal Year 2007 Shortfalls.--
``(1) Initial down payment on shortfall for fiscal year
2007.--The provisions of subsection (d) shall apply with
respect to fiscal year 2007 in the same manner as they apply to
fiscal year 2006, except that, for purposes of this paragraph--
``(A) any reference to `fiscal year 2006',
`December 16, 2005', `2005', `2004', `September 30,
2006' and `October 1, 2006' shall be deemed a reference
to `fiscal year 2007', `December 16, 2006', `2006',
`2005', `September 30, 2007' and `October 1, 2007'
respectively;
``(B) there shall be substituted for the dollar
amount specified in subsection (d)(1), and shall be
treated as the amount appropriated under such
subsection, $450,000,000;
``(C) paragraphs (3)(B) and (4) of subsection (d)
shall not apply (and paragraph (4) of this subsection
shall apply in lieu of paragraph (4) of such
subsection);
``(D) if the dollar amount specified in
subparagraph (B) is not at least equal to the total of
the shortfalls described in subsection (d)(2) (as
applied under this paragraph), the amounts under
subsection (d)(3) (as applied under this paragraph)
shall be ratably reduced.
``(2) Funding remainder of shortfall for fiscal year 2007
through redistribution of certain unused fiscal year 2005
allotments.--
``(A) In general.--Subject to subparagraph (C), the
Secretary shall provide for a redistribution under
subsection (f) from amounts made available for
redistribution under paragraph (3), to each shortfall
State described in subparagraph (B) that is one of the
50 States or District of Columbia, such amount as the
Secretary determines will eliminate the estimated
shortfall described in such subparagraph for the State.
``(B) Shortfall state described.--For purposes of
this paragraph, a shortfall State described in this
subparagraph is a State with a State child health plan
approved under this title for which the Secretary
estimates, on the basis of the most recent data
available to the Secretary as of March 31, 2007, that
the projected expenditures under such plan for such
State for fiscal year 2007 will exceed the sum of--
``(i) the amount of the State's allotments
for each of fiscal years 2005 and 2006 that
will not be expended by the end of fiscal year
2006;
``(ii) the amount, if any, that is to be
redistributed to the State during fiscal year
2007 in accordance with subsection (f) (other
than under this paragraph);
``(iii) the amount of the State's allotment
for fiscal year 2007; and
``(iv) the amount of any additional
allotment to the State under paragraph (1).
``(C) Proration rule.--If the amounts available for
redistribution under paragraph (3) are less than the
total amounts computed under subparagraph (A), the
amount computed under subparagraph (A) for each
shortfall State shall be reduced proportionally.
``(3) Treatment of certain states with fiscal year 2005
allotments unexpended at the end of the first half of fiscal
year 2007.--
``(A) Identification of states.--The Secretary--
``(i) shall identify those States that
received an allotment for fiscal year 2005
under subsection (b) which have not expended
all of such allotment by March 31, 2007; and
``(ii) for each such State shall
determine--
``(I) the portion of such allotment
that was not so expended by such date;
and
``(II) whether the State is a
described in subparagraph (B).
``(B) States with funds in excess of 200 percent of
need.--A State described in this subparagraph is a
State for which the Secretary determines, as of March
31, 2007, the total of all available allotments under
this title as of such date, is at least equal to 200
percent of the total projected expenditures under this
title for the State for fiscal year 2007.
``(C) Redistribution and limitation on
availability.--
``(i) Application to portion of unused
allotments for certain states.--In the case of
a State identified under subparagraph (A)(i)
that is also described in subparagraph (B),
notwithstanding subsection (e), the percentage
specified by the Secretary in clause (ii) of
the amount described in subparagraph (A)(ii)(I)
shall not be available for expenditure on or
after April 1, 2007.
``(ii) Percentage specified.--The Secretary
shall specify a percentage which--
``(I) does not exceed 75 percent;
and
``(II) when applied under clause
(i) results in the total of the amounts
under such clause equaling the total of
the amounts under paragraph (2)(A).
``(4) Use of additional allotment.--Additional allotments
provided under this subsection are only available for amounts
expended under a State plan approved under this title for child
health assistance for targeted low-income children or child
health assistance or other health benefits coverage for
pregnant women.
``(5) Retrospective adjustment.--The Secretary may adjust
the determinations made under paragraphs (2) and (3) as
necessary on the basis of the amounts reported by States not
later than November 30, 2007, on CMS Form 64 or CMS Form 21, as
the case may be and as approved by the Secretary, but in no
case may the percentage specified in paragraph (3)(C)(ii)
exceed 75 percent.
``(6) 1-year availability; no redistribution of unexpended
additional allotments.--
``(A) In general.--Notwithstanding subsections (e)
and (f), amounts allotted or redistributed to a State
pursuant to this subsection for fiscal year 2007 shall
only remain available for expenditure by the State
through September 30, 2007, and any amounts of such
allotments or redistributions that remain unexpended as
of such date, shall not be subject to redistribution
under subsection (f). Nothing in the preceding sentence
shall be construed as limiting the ability of the
Secretary to adjust the determinations made under
paragraphs (2) and (3) in accordance with paragraph
(5).
``(B) Reversion upon termination of retrospective
adjustment period.--Any amounts of such allotments or
redistributions that remain unexpended as of September
30, 2007, shall revert to the Treasury on December 31,
2007.''.
(b) Extending Authority for Qualifying States To Use Certain Funds
for Medicaid Expenditures.--Section 2105(g)(1)(A) of such Act (42
U.S.C. 1397ee(g)(1)(A)) is amended by striking ``or 2005'' and
inserting ``2005, 2006, or 2007''.
|
Fiscal Accountability, Integrity, and Responsibility in SCHIP Act of 2006, or FAIR-SCHIP Act of 2006 - Amends title XXI (State Children's Health Insurance) (SCHIP) to set forth special rules to fund the FY2007 SCHIP allotment shortfalls, including through a redistribution of certain unused FY2005 allotments.
Extends authority for qualifying states to use certain funds for Medicaid (SSA title XIX) expenditures.
|
{"src": "billsum_train", "title": "A bill to amend title XXI of the Social Security Act to reduce funding shortfalls for the State Children's Health Insurance Program (SCHIP) for fiscal year 2007."}
| 1,708 | 115 | 0.560252 | 1.468759 | 0.591578 | 3.026316 | 20.065789 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Open Markets and Fair Trade Act of
1995''.
SEC. 2. REPORTS ON MARKET ACCESS.
(a) Annual Reports.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
submit to the Congress a report with respect to those countries
selected by the Secretary in which goods or services produced or
originating in the United States, that would otherwise be competitive
in those countries, do not have market access. Each report shall
contain the following with respect to each such country:
(1) Assessment of potential market access.--An assessment
of the opportunities that would, but for the lack of market
access, be available in the market in that country, for goods
and services produced or originating in the United States in
those sectors selected by the Secretary. In making such
assessment, the Secretary shall consider the competitive
position of such goods and services in similarly developed
markets in other countries. Such assessment shall specify the
time periods within which such market access opportunities
should reasonably be expected to be obtained.
(2) Criteria for measuring market access.--Objective
criteria for measuring the extent to which those market access
opportunities described in paragraph (1) have been obtained.
The development of such objective criteria may include the use
of interim objective criteria to measure results on a periodic
basis, as appropriate.
(3) Compliance with trade agreements.--An assessment of
whether, and to what extent, the country concerned has
materially complied with--
(A) agreements and understandings reached between
the United States and that country pursuant to section
3, and
(B) existing trade agreements between the United
States and that country.
Such assessment shall include specific information on the
extent to which United States suppliers have achieved
additional access to the market in the country concerned and
the extent to which that country has complied with other
commitments under such agreements and understandings.
(b) Selection of Countries and Sectors.--
(1) In general.--In selecting countries and sectors that
are to be the subject of a report under subsection (a), the
Secretary shall give priority to--
(A) any country with which the United States has a
trade deficit if access to the markets in that country
is likely to have significant potential to increase
exports of United States goods and services; and
(B) any country, and sectors therein, in which
access to the markets will result in significant
employment benefits for producers of United States
goods and services.
The Secretary shall also give priority to sectors which
represent critical technologies, including those identified by
the National Critical Technologies Panel under section 603 of
the National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6683).
(2) First report.--The first report submitted under
subsection (a) shall include those countries with which the
United States has a substantial portion of its trade deficit.
(3) Trade surplus countries.--The Secretary may include in
reports after the first report such countries as the Secretary
considers appropriate with which the United States has a trade
surplus but which are otherwise described in subsection (a) and
paragraph (1) of this subsection.
(c) Other Sectors.--The Secretary shall include an assessment under
subsection (a) of any country or sector for which the Trade
Representative requests such assessment be made. In preparing any such
request, the Trade Representative shall give priority to those barriers
identified in the reports required by section 181(b) of the Trade Act
of 1974 (19 U.S.C. 2241(b)).
(d) Information on Access by Foreign Suppliers.--The Secretary
shall consult with the governments of foreign countries concerning
access to the markets of any other country of goods and services
produced or originating in those countries. At the request of the
government of any such country so consulted, the Secretary may include
in the reports required by subsection (a) information, with respect to
that country, on such access.
SEC. 3. NEGOTIATIONS TO ACHIEVE MARKET ACCESS.
(a) Negotiating Authority.--The President is authorized to enter
into agreements or other understandings with the government of any
country for the purpose of obtaining the market access opportunities
described in the reports of the Secretary under section 2.
(b) Determination of Priority of Negotiations.--Upon the submission
by the Secretary of each report under section 2, the Trade
Representative shall determine--
(1) for which countries and sectors identified in the
report the Trade Representative will pursue negotiations,
during the 6-month period following submission of the report,
for the purpose of concluding agreements or other
understandings described in subsection (a), and the timeframe
for pursuing negotiations on any other country or sector
identified in the report; and
(2) for which countries and sectors identified in any
previous report of the Secretary under section 2 the Trade
Representative will pursue negotiations, during the 6-month
period described in paragraph (1), in cases in which--
(A) negotiations were not previously pursued by the
Trade Representative, or
(B) negotiations that were pursued by the Trade
Representative did not result in the conclusion of an
agreement or understanding described in subsection (a)
during the preceding 6-month period, but are expected
to result in such an agreement or understanding during
the 6-month period described in paragraph (1).
For purposes of this Act, negotiations by the Trade Representative with
respect to a particular sector shall be for a period of not more than
12 months.
(c) Semiannual Reports.--At the end of the 6-month period beginning
on the date on which the Secretary's first report is submitted under
section 2(a), and every 6 months thereafter, the Trade Representative
shall submit to the Congress a report containing the following:
(1) Report where negotiations pursued in previous 6-month
period.--With respect to each country and sector on which
negotiations described in subsection (b) were pursued during
that 6-month period--
(A) a determination of whether such negotiations
have resulted in the conclusion of an agreement or
understanding intended to obtain the market access
opportunities described in the most recent applicable
report of the Secretary, and if not--
(i) whether such negotiations are
continuing because they are expected to result
in such an agreement or understanding during
the succeeding 6-month period; or
(ii) whether such negotiations have
terminated;
(B) in the case of a positive determination made
under subparagraph (A)(i) in the preceding report
submitted under this subsection, a determination of
whether the continuing negotiations have resulted in
the conclusion of an agreement or understanding
described in subparagraph (A) during that 6-month
period.
(2) Report where negotiations not pursued.--With respect to
each country and sector on which negotiations described in
subsection (b) were not pursued during that 6-month period, a
determination of when such negotiations will be pursued.
SEC. 4. MONITORING OF AGREEMENTS AND UNDERSTANDINGS.
(a) In General.--For the purpose of making the assessments required
by section 2(a)(3), the Secretary shall monitor the compliance with
each agreement or understanding reached between the United States and
any country pursuant to section 3, and with each existing trade
agreement between the United States and any country that is the subject
of a report under section 2(a). In making each such assessment, the
Secretary shall describe--
(1) the extent to which market access for the country and
sectors covered by the agreement or understanding has been
achieved; and
(2) the bilateral trade relationship with that country in
that sector.
In the case of agreements or understandings reached pursuant to section
3, the description under paragraph (1) shall be done on the basis of
the objective criteria set forth in the applicable report under section
2(a)(2).
(b) Treatment of Agreements and Understandings.--Any agreement or
understanding reached pursuant to negotiations conducted under this
Act, and each existing trade agreement between the United States and a
country that is the subject of a report under section 2(a), shall be
considered to be a trade agreement for purposes of section 301 of the
Trade Act of 1974.
SEC. 5. TRIGGERING OF SECTION 301 ACTIONS.
(a) Failure To Conclude Agreements.--In any case in which the Trade
Representative determines under section 3(c)(1) (A)(ii) or (B) that
negotiations have not resulted in the conclusion of an agreement or
understanding described in section 3(a), each restriction on, or
barrier or impediment to, access to the markets of the country
concerned that was the subject of such negotiations shall, for purposes
of title III of the Trade Act of 1974, be considered to be an act,
policy, or practice determined under section 304 of that Act to be an
act, policy, or practice that is unreasonable and discriminatory and
burdens or restricts United States commerce. The Trade Representative
shall determine what action to take under section 301(b) of that Act in
response to such act, policy, or practice.
(b) Noncompliance With Agreements or Understandings.--In any case
in which the Secretary determines, in a report submitted under section
2(a), that a foreign country is not in material compliance with--
(1) any agreement or understanding concluded pursuant to
negotiations conducted under section 3, or
(2) any existing trade agreement between the United States
and that country,
the Trade Representative shall determine what action to take under
section 301(a) of the Trade Act of 1974. For purposes of section 301 of
that Act, a determination of noncompliance described in the preceding
sentence shall be treated as a determination made under section 304 of
that Act.
SEC. 6. EXPEDITED PROCEDURES FOR CERTAIN PRESIDENTIAL ACTIONS.
(a) Authority for Reciprocal Actions.--In any case in which--
(1) section 5 applies,
(2) the President determines that reciprocal action should
be taken by the United States in response to--
(A) a restriction, barrier, or impediment referred
to in section 5(a) with respect to access to the market
of a country, or
(B) noncompliance with an agreement, understanding,
or trade agreement referred to in section 5(b),
as the case may be,
(3) changes in existing law or new statutory authority is
necessary for such reciprocal action to be taken, and
(4) the President, within 30 days (excluding any day
described in section 154(b) of the Trade Act of 1974) after--
(A) the determination of the Trade Representative
under section 3(c)(1)(A)(ii) or (B), or
(B) the determination of the Secretary in the
applicable report under section 2(a),
as the case may be, submits to the Congress a draft of
implementing legislation with respect to the changes or
authority described in paragraph (3),
then subsection (c) applies.
(b) Definitions.--For purposes of this section--
(1) the term ``reciprocal action'' means action that is
taken in direct response to a restriction on,
or barrier or impediment to, access to the market in another
country and is comparable or of equivalent effect to such
restriction, barrier, or impediment; and
(2) the term ``implementing legislation'' means a bill of
either House of Congress which is introduced as provided in
subsection (c) and which contains provisions necessary to make
the changes or provide the authority described in subsection
(a)(3).
(c) Procedures for Implementing Legislation.--On the day on which
implementing legislation is submitted to the House of Representatives
and the Senate under subsection (a), the implementing legislation shall
be introduced and referred as provided in section 151(c)(1) of the
Trade Act of 1974 for implementing bills under such section. The
provisions of subsections (d), (e), (f), and (g) of section 151 of such
Act shall apply to implementing legislation to the same extent as such
subsections apply to implementing bills.
(d) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is
deemed a part of the rules of each House, respectively, and
such procedures supersede other rules only to the extent that
they are inconsistent with such other rules; and
(2) with the full recognition of the constitutional right
of either House to change the rules (so far as relating to the
procedures of that House) at any time, in the same manner, and
to the same extent as any other rule of that House.
SEC. 7. URUGUAY ROUND AGREEMENTS NOT AFFECTED.
Nothing in this Act shall be construed to violate any provision of
the agreements approved by the Congress in section 101(a)(1) of the
Uruguay Round Agreements Act (19 U.S.C. 3511(a)(1)).
SEC. 8. DEFINITIONS.
As used in this Act:
(1) Existing trade agreement between the united states and
a country.--An ``existing trade agreement'' between the United
States and another country means any trade agreement or
understanding that was entered into between the United States
and that country before the date of the enactment of this Act
and is in effect on such date. Such term includes, but is not
limited to--
(A) with respect to Japan--
(i) the Arrangement Between the Government
of Japan and the Government of the United
States of America Concerning Trade in
Semiconductor Products, signed in 1986;
(ii) the Arrangement Between the Government
of Japan and the Government of the United
States of America Concerning Trade in
Semiconductor Products, signed in 1991;
(iii) the United States-Japan Wood Products
Agreement, signed on June 5, 1990;
(iv) Measures Related to Japanese Public
Sector Procurements of Computer Products and
Services, signed on January 10, 1992;
(v) the Tokyo Declaration on the U.S.-Japan
Global Partnership, signed on January 9, 1992;
and
(vi) the Cellular Telephone and Third-Party
Radio Agreement, signed in 1989;
(B) with respect to the European Union--
(i) the Agreement Concerning the
Application of the GATT Agreement on Trade in
Civil Aircraft Between the European Economic
Community and the Government of the United
States of America on trade in large civil
aircraft, with annexes, entered into force on
July 17, 1992;
(ii) the Agreement Concerning Procurement
Between the United States and the European
Union, signed April 15, 1994; and
(iii) the Memorandum of Understanding (MOU)
on Procurement Between the United States and
the European Union, signed May 25, 1993; and
(C) with respect to the People's Republic of
China--
(i) the Memorandum of Understanding (MOU)
on the Protection of Intellectual Property
Rights Between the United States and the
People's Republic of China, signed January 17,
1992;
(ii) the Memorandum of Understanding (MOU)
on Market Access Between the United States and
the People's Republic of China, signed October
10, 1992;
(iii) the Bilateral Textile Agreement
Between the United States and the People's
Republic of China, signed January 17, 1994; and
(iv) an exchange of letters with an
attached action plan between the United States
and the People's Republic of China, signed
February 26, 1995, relating to intellectual
property rights.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(3) Trade representative.--The term ``Trade
Representative'' means the United States Trade Representative.
|
Open Markets and Fair Trade Act of 1995 - Directs the Secretary of Commerce to report annually to the Congress on selected countries in which U.S. goods or services, that would otherwise be competitive there, do not have market access. Requires the Secretary, in selecting such countries and sectors, to give priority to any country: (1) with which the United States has a trade deficit if access to such country's markets is likely to have significant potential to increase exports of U.S. goods and services; and (2) in which access to the markets will result in significant employment benefits for producers of U.S. goods and services.
(Sec. 3) Authorizes the President to enter into agreements with such countries for the purpose of obtaining access to their markets.
(Sec. 4) Requires the Secretary, in making certain assessments, to monitor each country's compliance with such an agreement, or with any existing trade agreement with the United States.
(Sec. 5) Requires, in instances where the United States Trade Representative (USTR) determines that the above-mentioned negotiations have not resulted in an agreement, each restriction on, or impediment to, access to the country's markets be considered, under the Trade Act of 1974, an act, policy, or practice that is unreasonable and discriminatory and restricts U.S. commerce.
Requires the USTR, in each case where the Secretary determines that a country is not in material compliance with an agreement for access to their markets to determine what trade relief action to take under a specified section of the Trade Act of 1974.
(Sec. 6) Sets forth expedited procedures for implementation of legislation for presidential action against foreign countries that have unfair trade barriers, or that do not comply with the aforementioned agreements.
|
{"src": "billsum_train", "title": "Open Markets and Fair Trade Act of 1995"}
| 3,371 | 395 | 0.681208 | 2.168367 | 0.877535 | 3.392962 | 9.445748 | 0.917889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Small Business Regulatory
Assistance Act of 2001''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a pilot program to--
(1) provide confidential assistance to small business
concerns;
(2) provide small business concerns with the information
necessary to improve their rate of compliance with Federal and
State regulations;
(3) create a partnership among Federal agencies to increase
outreach efforts to small business concerns with respect to
regulatory compliance;
(4) provide a mechanism for unbiased feedback to Federal
agencies on the regulatory environment for small business
concerns; and
(5) utilize the service delivery network of Small Business
Development Centers to improve access of small business
concerns to programs to assist them with regulatory compliance.
SEC. 3. DEFINITIONS.
In this Act, the definitions set forth in section 36(a) of the
Small Business Act (as added by section 4 of this Act) shall apply.
SEC. 4. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.
The Small Business Act (15 U.S.C. 637 et seq.) is amended--
(1) by redesignating section 36 as section 37; and
(2) by inserting after section 35 the following new
section:
``SEC. 36. SMALL BUSINESS REGULATORY ASSISTANCE PILOT PROGRAM.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Small Business Administration, acting
through the Associate Administrator for Small Business
Development Centers.
``(2) Association.--The term `Association' means the
association, established pursuant to section 21(a)(3)(A),
representing a majority of Small Business Development Centers.
``(3) Participating small business development center.--The
term `participating Small Business Development Center' means a
Small Business Development Center participating in the pilot
program.
``(4) Pilot program.--The term `pilot program' means the
pilot program established under this section.
``(5) Regulatory compliance assistance.--The term
`regulatory compliance assistance' means assistance provided by
a Small Business Development Center to a small business concern
to enable the concern to comply with Federal regulatory
requirements.
``(6) Small business development center.--The term `Small
Business Development Center' means a Small Business Development
Center described in section 21.
``(7) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, and Guam.
``(b) Authority.--In accordance with this section, the
Administrator shall establish a pilot program to provide regulatory
compliance assistance to small business concerns through participating
Small Business Development Centers, the Association, and Federal
compliance partnership programs.
``(c) Small Business Development Centers.--
``(1) In general.--In carrying out the pilot program, the
Administrator shall enter into arrangements with participating
Small Business Development Centers under which such centers
will provide--
``(A) access to information and resources,
including current Federal and State nonpunitive
compliance and technical assistance programs similar to
those established under section 507 of the Clean Air
Act Amendments of 1990;
``(B) training and educational activities;
``(C) confidential, free-of-charge, one-on-one, in-
depth counseling to the owners and operators of small
business concerns regarding compliance with Federal and
State regulations, provided that such counseling is not
considered to be the practice of law in a State in
which a Small Business Development Center is located or
in which such counseling is conducted;
``(D) technical assistance; and
``(E) referrals to experts and other providers of
compliance assistance who meet such standards for
educational, technical, and professional competency as
are established by the Administrator.
``(2) Reports.--
``(A) In general.--Each participating Small
Business Development Center shall transmit to the
Administrator a quarterly report that includes--
``(i) a summary of the regulatory
compliance assistance provided by the center
under the pilot program; and
``(ii) any data and information obtained by
the center from a Federal agency regarding
regulatory compliance that the agency intends
to be disseminated to small business concerns.
``(B) Electronic form.--Each report referred to in
subparagraph (A) shall be transmitted in electronic
form.
``(C) Interim reports.--During any time period
falling between the transmittal of quarterly reports, a
participating Small Business Development Center may
transmit to the Administrator any interim report
containing data or information considered by the center
to be necessary or useful.
``(D) Limitation on disclosure requirements.--The
Administrator may not require a Small Business
Development Center to disclose the name or address of
any small business concern that received or is
receiving assistance under the pilot program, except
that the Administrator shall require such a disclosure
if ordered to do so by a court in any civil or criminal
enforcement action commenced by a Federal or State
agency.
``(d) Data Repository and Clearinghouse.--
``(1) In general.--In carrying out the pilot program, the
Administrator shall--
``(A) act as the repository of and clearinghouse
for data and information submitted by Small Business
Development Centers; and
``(B) transmit to the President and to the
Committees on Small Business of the Senate and House of
Representatives an annual report that includes--
``(i) a description of the types of
assistance provided by participating Small
Business Development Centers under the pilot
program;
``(ii) data regarding the number of small
business concerns that contacted participating
Small Business Development Centers regarding
assistance under the pilot program;
``(iii) data regarding the number of small
business concerns assisted by participating
Small Business Development Centers under the
pilot program;
``(iv) data and information regarding
outreach activities conducted by participating
Small Business Development Centers under the
pilot program, including any activities
conducted in partnership with Federal agencies;
``(v) data and information regarding each
case known to the Administrator in which one or
more Small Business Development Centers offered
conflicting advice or information regarding
compliance with a Federal or State regulation
to one or more small business concerns;
``(vi) any recommendations for improvements
in the regulation of small business concerns;
and
``(vii) a list of regulations identified by
the Administrator, after consultation with the
Small Business and Agriculture Regulatory
Enforcement Ombudsman, as being most burdensome
to small business concerns, and recommendations
to reduce or eliminate the burdens of such regulations.
``(e) Eligibility.--
``(1) In general.--A Small Business Development Center
shall be eligible to receive assistance under the pilot program
only if the center is certified under section 21(k)(2).
``(2) Waiver.--With respect to a Small Business Development
Center seeking assistance under the pilot program, the
Administrator may waive the certification requirement set forth
in paragraph (1) if the Administrator determines that the
center is making a good faith effort to obtain such certification.
``(3) Effective date.--This subsection shall take effect on
October 1, 2001.
``(f) Selection of Participating State Programs.--
``(1) In general.--In consultation with the Association and
giving substantial weight to the Association's recommendations,
the Administrator shall select the Small Business Development
Center programs of 2 States from each of the following groups
of States to participate in the pilot program established by
this section:
``(A) Group 1: Maine, Massachusetts, New Hampshire,
Connecticut, Vermont, and Rhode Island.
``(B) Group 2: New York, New Jersey, Puerto Rico,
and the Virgin Islands.
``(C) Group 3: Pennsylvania, Maryland, West
Virginia, Virginia, the District of Columbia, and
Delaware.
``(D) Group 4: Georgia, Alabama, North Carolina,
South Carolina, Mississippi, Florida, Kentucky, and
Tennessee.
``(E) Group 5: Illinois, Ohio, Michigan, Indiana,
Wisconsin, and Minnesota.
``(F) Group 6: Texas, New Mexico, Arkansas,
Oklahoma, and Louisiana.
``(G) Group 7: Missouri, Iowa, Nebraska, and
Kansas.
``(H) Group 8: Colorado, Wyoming, North Dakota,
South Dakota, Montana, and Utah.
``(I) Group 9: California, Guam, Hawaii, Nevada,
and Arizona.
``(J) Group 10: Washington, Alaska, Idaho, and
Oregon.
``(2) Deadline for selection.--The Administrator shall make
selections under this subsection not later than 60 days after
promulgation of regulations under section 5 of the National
Small Business Regulatory Assistance Act of 2001.
``(g) Matching Not Required.--Subparagraphs (A) and (B) of section
21(a)(4) shall not apply to assistance made available under the pilot
program.
``(h) Distribution of Grants.--
``(1) In general.--Each State program selected to receive a
grant under subsection (f) in a fiscal year shall be eligible
to receive a grant in an amount not to exceed the product
obtained by multiplying--
``(A) the amount made available for grants under
this section for the fiscal year; and
``(B) the ratio that--
``(i) the population of the State; bears to
``(ii) the population of all the States
with programs selected to receive grants under
subsection (f) for the fiscal year.
``(2) Minimum amount.--Notwithstanding paragraph (1), the
minimum amount that a State program selected to receive a grant
under subsection (f) shall be eligible to receive under this
section in the fiscal year shall be $200,000.
``(i) Evaluation and Report.--Not later than 3 years after the
establishment of the pilot program, the Comptroller General of the
United States shall conduct an evaluation of the pilot program and
shall transmit to the Administrator and to the Committees on Small
Business of the Senate and House of Representatives a report containing
the results of the evaluation along with any recommendations as to
whether the pilot program, with or without modification, should be
extended to include the participation of all Small Business Development
Centers.
``(j) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $5,000,000 for fiscal year 2002 and
each fiscal year thereafter.
``(2) Limitation on use of other funds.--The Administrator
may carry out the pilot program only with amounts appropriated
in advance specifically to carry out this section.''.
SEC. 5. PROMULGATION OF REGULATIONS.
After providing notice and an opportunity for comment and after
consulting with the Association (but not later than 180 days after the
date of the enactment of this Act), the Administrator shall promulgate
final regulations to carry out this Act, including regulations that
establish--
(1) priorities for the types of assistance to be provided
under the pilot program;
(2) standards relating to educational, technical, and
support services to be provided by participating Small Business
Development Centers;
(3) standards relating to any national service delivery and
support function to be provided by the Association under the
pilot program;
(4) standards relating to any work plan that the
Administrator may require a participating Small Business
Development Center to develop; and
(5) standards relating to the educational, technical, and
professional competency of any expert or other assistance
provider to whom a small business concern may be referred for
compliance assistance under the pilot program.
SEC. 6. PRIVACY REQUIREMENTS APPLICABLE TO SMALL BUSINESS DEVELOPMENT
CENTERS.
Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Privacy requirements.--
``(A) In general.--No Small Business Development
Center, consortium of Small Business Development
Centers, or contractor or agent of a Small Business
Development Center shall disclose the name or address
of any individual or small business concern receiving
assistance under this section without the consent of
such individual or small business concern, except
that--
``(i) the Administrator shall require such
disclosure if ordered to do so by a court in
any civil or criminal enforcement action
commenced by a Federal or State agency; and
``(ii) if the Administrator considers it
necessary while undertaking a financial audit
of a Small Business Development Center, the
Administrator shall require such disclosure for
the sole purpose of undertaking such audit.
``(B) Regulations.--The Administrator shall issue
regulations to establish standards for requiring
disclosures during a financial audit under subparagraph
(A)(ii).''.
Passed the House of Representatives October 2, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
|
National Small Business Regulatory Assistance Act of 2001 - Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA), acting through the Associate Administrator for Small Business Development Centers (SBDCs), to establish a pilot program to provide regulatory compliance assistance to small businesses through participating SBDCs, the Association for Small Business Development Centers (Association), and Federal compliance partnership programs. Requires the Administrator to enter into arrangements with participating SBDCs to provide: (1) access to regulatory information and resources; (2) training and education activities; (3) confidential counseling to owners and operators of small businesses regarding compliance with Federal and State regulations; (4) technical assistance; and (5) referrals to experts and other providers of compliance assistance. Requires each SBDC to transmit quarterly reports to the Administrator that include: (1) summaries of the regulatory compliance assistance provided; and (2) any data and information obtained from a Federal agency regarding regulatory compliance that the agency intends to be disseminated to small business concerns.Directs the Administrator to: (1) act as the repository of and clearinghouse for data and information submitted by SBDCs; and (2) transmit to the President and the congressional small business committees annual reports on assistance provided, including data and information on cases in which one or more SBDCs offered conflicting information on compliance with a Federal or State regulation, any recommendations for improvements in the regulation of small business concerns, and a list of regulations identified as being most burdensome to such concerns and recommendations to reduce or eliminate the burdens.Provides that only certified SBDCs shall be eligible to receive assistance. Permits the waiver of such requirement if the SBDC is making a good faith effort to obtain certification.Requires the Administrator, giving substantial weight to the Association's recommendations, to select the SBDC programs of two States from each of ten groups of States for participation in the pilot program. Makes each State program selected eligible to receive a grant of at least $200,000 based on the relative populations of States selected.Directs the Comptroller General to conduct an evaluation of the pilot program and transmit to the Administrator and the small business committees a report containing the results along with any recommendations as to whether such program should be extended to include the participation of all SBDCs.Authorizes appropriations. Amends the Small Business Act to prescribe privacy requirements applicable to SBDCs.
|
{"src": "billsum_train", "title": "To amend the Small Business Act to direct the Administrator of the Small Business Administration to establish a pilot program to provide regulatory compliance assistance to small business concerns, and for other purposes."}
| 2,810 | 513 | 0.63507 | 1.968082 | 0.722998 | 3.599558 | 5.980088 | 0.913717 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investor, Shareholder, and Employee
Protection Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The failure of accounting firms to provide accurate
audits of its clients is not a new or isolated problem.
(2) Accounting firms have been implicated in failed audits
that have cost investors billions of dollars when earnings
restatements sent stock prices tumbling.
(3) Auditors have an inherent conflict of interest. They
are hired, and fired, by their audit clients.
(4) This conflict of interest pressures auditors to sign
off on substandard financial statements rather than risk losing
a large client.
(5) Auditing a public company for the benefit of small as
well as large investors requires independence.
(6) Therefore the only truly independent audit is one by a
governmental agency.
(7) The Federal Bureau of Audits, closely regulated by the
Commission, will provide honest audits of all publicly traded
companies.
SEC. 3. ESTABLISHMENT OF BUREAU.
(a) Establishment.--There is hereby established within the
Commission an independent regulatory agency to be known as the Federal
Bureau of Audits.
(b) Function of the Bureau.--The Bureau shall conduct an annual
audit of the financial statements that are required to be submitted by
reporting issuers and to be certified under the securities laws or the
rules or regulations thereunder.
(c) Officers.--
(1) Bureau head.--The head of the Bureau shall be a
Director, who shall be appointed by the President, by and with
the advice and consent of the Senate.
(2) Additional officers.--There shall also be in the Bureau
a Deputy Director and an Inspector General, each of whom shall
be appointed by the President, by and with the advice and
consent of the Senate.
(3) Terms.--The Director, Deputy Director, and Inspector
General shall be appointed for terms of 12 years, except that--
(A) the first term of office of the Deputy Director
shall be eight years; and
(B) the first term of office of the Inspector
General shall be 4 years.
(d) Independence.--Except as provided in sections 4 and 5, in the
performance of their functions, the officers, employees, or other
personnel of the Bureau shall not be responsible to or subject to the
supervision or direction of any officer, employee, or agent of any
other part of the Commission.
(e) Administrative Support.--The Commission shall provide to the
Bureau such support and facilities as the Director determines it needs
to carry out its functions.
(f) Rules.--The Bureau is authorized to establish such procedural
and administrative rules as are necessary to the exercise of its
functions, but the Bureau may not establish any auditing standards
within the jurisdiction of the Commission under sections 4 and 5.
(g) Additional Authority.--In carrying out any of its functions,
the Bureau shall have the power to hold hearings, sign and issue
subpoenas, administer oaths, examine witnesses, and receive evidence at
any place in the United States it may designate. The Bureau may, by one
or more of its officers or by such agents as it may designate, conduct
any hearing or other inquiry necessary or appropriate to its functions,
except that nothing in this subsection shall be deemed to supersede the
provisions of section 556 of title 5, United States Code relating to
hearing examiners.
(h) Conflict of Interest Provisions.--A person previously employed
by the Bureau may not accept employment or compensation from an issuer
audited by the Bureau or an accountant that provides audit related
services to an issuer audited by the Bureau for 10 years after the last
day of employment at the Bureau. Any current employee of the Bureau
shall be required to place all investments in a blind trust, in
accordance with regulations prescribed by the Commission. The employees
of the Bureau who conduct the audits shall be exempt from the civil
service pay system under section 4802 of title 5, United States Code,
and shall be paid salaries that are competitive with similar private
sector employment.
(i) Legal Representation.--Except as provided in section 518 of
title 28, United States Code, relating to litigation before the Supreme
Court, attorneys designated by the Director of the Bureau may appear
for, and represent the Bureau in, any civil action brought in
connection with any function carried out by the Bureau pursuant to this
Act or as otherwise authorized by law.
SEC. 4. ASSUMPTION OF AUTHORITY BY COMMISSION OVER AUDITING STANDARDS.
(a) Assumption of Authority.--Pursuant to its authority under the
securities laws to require the certification, in accordance with the
rules of the Commission, of financial statements and other documents of
reporting issuers of securities, the Commission shall, by rule,
establish and revise as necessary auditing standards for audits of such
financial statements.
(b) Incorporation of Current Standards.--In adopting auditing
standards under this section, the Commission shall incorporate
generally accepted auditing standards in effect on the date of
enactment of this Act, with such modifications as the Commission
determines are necessary and appropriate in the public interest and for
the protection of investors.
(c) Additional Requirements for Rules.--The rules prescribed by the
Commission under subsection (a)--
(1) shall be available for public comment for not less than
90 days;
(2) shall be prescribed not less than 180 days after the
date of enactment of this Act; and
(3) shall be effective on the first January 1 that occurs
after the end of such 180 days.
SEC. 5. FEES FOR THE RECOVERY OF COSTS OF OPERATIONS.
(a) In General.--The Commission shall in accordance with this
section assess and collect a fee on each reporting issuer whose
financial statements are audited by the Bureau. This section applies as
of the first fiscal year that begins after the date of enactment of
this Act (referred to in this section as the ``first applicable fiscal
year'').
(b) Total Fee Revenues; Individual Fee Amounts.--The total fee
revenues collected under subsection (a) for a fiscal year shall be the
amounts appropriated under subsection (d)(2) for such fiscal year.
Individual fees shall be assessed by the Commission on the basis of an
estimate by the Commission of the amount necessary to ensure that the
sum of the fees collected for such fiscal year equals the amount so
appropriated.
(c) Fee Waiver or Reduction.--The Commission shall grant a waiver
from or a reduction of a fee assessed under subsection (a) if the
Commission finds that the fee to be paid will exceed the anticipated
present and future costs of the operations of the Bureau.
(d) Crediting and Availability of Fees.--
(1) In general.--Fees collected for a fiscal year pursuant
to subsection (a) shall be credited to the appropriation
account for salaries and expenses of the Bureau and shall be
available until expended without fiscal year limitation.
(2) Appropriations.--
(A) First fiscal year.--For the first applicable
fiscal year, there shall be available for the salaries
and expenses of the Bureau $5,150,000,000.
(B) Subsequent fiscal years.--For each of the four
fiscal years following the first applicable fiscal
year, there shall be available for the salaries and
expenses of the Bureau an amount equal to the amount
made available by paragraph (1) for the first
applicable fiscal year, multiplied by the adjustment
factor for such fiscal year (as defined in subsection
(f)).
(e) Collection of Unpaid Fees.--In any case where the Commission
does not receive payment of a fee assessed under subsection (a) within
30 days after it is due, such fee shall be treated as a claim of the
United States Government subject to subchapter II of chapter 37 of
title 31, United States Code.
(f) Definition of Adjustment Factor.--For purposes of this section,
the term ``adjustment factor'' applicable to a fiscal year is the lower
of--
(1) the Consumer Price Index for all urban consumers (all
items; United States city average) for April of the preceding
fiscal year divided by such Index for April of the first
applicable fiscal year; or
(2) the total of discretionary budget authority provided
for programs in categories other than the defense category for
the immediately preceding fiscal year (as reported in the
Office of Management and Budget sequestration preview report,
if available, required under section 254(c) of the Balanced
Budget and Emergency Deficit Control Act of 1985) divided by
such budget authority for the first applicable fiscal year (as
reported in the Office of Management and Budget final
sequestration report submitted for such year).
For purposes of this subsection, the terms ``budget authority'' and
``category'' have the meaning given such terms in the Balanced Budget
and Emergency Deficit Control Act of 1985.''.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) Commission.--The term ``Commission'' means the
Securities and Exchange Commission.
(2) Securities laws.--The term ``securities laws'' means
the Securities Act of 1933 (15 U.S.C. 77a et seq.), the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), the
Trust Indenture Act of 1939 (15 U.S.C. 77aaa et seq.), the
Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), the
Investment Advisers Act of 1940 (15 U.S.C. 80b et seq.), and
the Securities Investor Protection Act of 1970 (15 U.S.C. 78aaa
et seq.).
(3) Reporting issuer.--The term ``reporting issuer'' means
any registrant under section 12 of the Securities Exchange Act
of 1934 (15 U.S.C. 78l) or any other issuer required to file
periodic reports under section 13 or 15 of such Act (15 U.S.C.
78m, 78o).
|
Investor, Shareholder, and Employee Protection Act of 2002 - Establishes within the Securities and Exchange Commission (SEC) an independent regulatory agency to be known as the Federal Bureau of Audits, which shall conduct an annual audit of the financial statements submitted to the SEC by reporting issuers. Requires the President to appoint the Director of the Bureau, by and with the advice and consent of the Senate.Declares that officers, employees, and other Bureau personnel shall not be responsible to or subject to the supervision or direction of Commission personnel. Prohibits Bureau employees from receiving employment or compensation from an issuer audited by the Bureau, or any accountant that provides audit-related services to a Bureau-audited issuer, for ten years after employment with the Bureau.Requires the SEC to establish standards for such audits, incorporating generally accepted auditing standards in effect on the enactment of this Act, with any necessary and appropriate modifications.Directs the SEC to assess and collect a fee from each reporting issuer whose financial statements are audited by the Bureau.
|
{"src": "billsum_train", "title": "To establish a Federal Bureau of Audits within the Securities and Exchange Commission to conduct audits of all publicly registered companies."}
| 2,230 | 242 | 0.532433 | 1.45804 | 0.880152 | 4.148718 | 10.333333 | 0.938462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generational Residences and
Nurturing Dwellings Act'' or the ``GRAND Act''.
SEC. 2. HOUSING FOR ELDERLY CAREGIVERS.
(a) Establishment.--There is established in the Department of
Housing and Urban Development a program to provide assistance to
eligible nonprofit organizations to expand the supply of specialized
housing for qualified relatives raising a child.
(b) Application.--To receive assistance under the program under
this section, an eligible nonprofit organization shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require, which in the
case of an application for assistance to be provided as described in
subsection (e)(2) shall include such provisions ensuring coordination
with a public housing agency that will administer such assistance as
the Secretary shall require.
(c) Need-Based; Competition.--Assistance provided under the program
under this section shall be need-based and made available on a
competitive basis.
(d) Limit on Organizations Selected.--For each fiscal year, the
Secretary may select not more than 5 eligible organizations to receive
assistance under the program under this section.
(e) Forms of Assistance.--Under the program under this section,
assistance shall be made available in the following forms:
(1) New housing.--Financing for the construction,
reconstruction, moderate or substantial rehabilitation, or
acquisition of a structure or a portion of a structure to be
used as specialized housing in accordance with the program.
(2) Rental voucher assistance.--To provide tenant-based
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) for use only by
qualified relatives who are raising a child and are eligible
for such assistance for rental of a dwelling unit that
qualifies as specialized housing.
(3) Elderly housing project rental assistance.--To provide
project rental assistance under section 202(b)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q(b)(2)) in connection with
dwelling units that qualify as specialized housing and are made
available for occupancy only by qualified relatives who are
raising a child and are eligible for occupancy in such housing;
and notwithstanding any other provision of law, any qualified
relative who is raising a child who is otherwise eligible for
occupancy in such housing may not be excluded from such
occupancy because the household includes such child.
(4) Operational expenses and supportive services.--
Assistance for ongoing operational expenses of any specialized
housing, including costs of supportive services required for
such housing.
SEC. 3. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual who--
(A) is not attending school and is not more than 18
years of age; or
(B) is attending school and is not more than 19
years of age.
(2) Elderly person.--The term ``elderly person'' means a
person who is 60 years of age or more.
(3) Eligible nonprofit organization.--
(A) In general.--The term ``eligible nonprofit
organization'' means an organization that--
(i) provides specialized housing and social
services for qualified relatives who are
raising a child; and
(ii) is described in section 501(c)(3) of
the Internal Revenue Code of 1986 and is exempt
from tax under section 501(a) of such Code.
(B) Political divisions included.--Such term
includes organizations that provide such services in
each of the several States, the District of Columbia,
and any commonwealth, territory, or possession of the
United States.
(4) Qualified relative.--
(A) In general.--The term ``qualified relative''
means, with respect to a child, an individual who is--
(i) an elderly person;
(ii) is not a parent of the child by blood
or marriage; and
(iii) is a relative of the child by blood
or marriage.
(B) Adopted children.--In the case of a child who
was adopted, the term includes an individual who, by
blood or marriage, is a relative of the family who
adopted the child.
(5) Raising a child.--The term ``raising a child'' means,
with respect to an individual, that the individual--
(A) resides with the child; and
(B) is the primary caregiver (or is, together with
a spouse or other household member, a primary
caregiver) for the child--
(i) because the biological or adoptive
parents of the child do not reside with the
child or are unable or unwilling to serve as
the primary caregiver for the child; and
(ii) regardless of whether the individual
has a legal relationship to the child (such as
guardianship or legal custody) or is caring for
the child informally and has no such legal
relationship with the child.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(7) Specialized housing.--The term ``specialized housing''
means housing that--
(A) is affordable (as the Secretary shall define
for purposes of this Act) for low-income families (as
such term is defined in section 3(b) of the United
States Housing Act of 1937 (42 U.S.C. 1437a(b));
(B) is restricted to occupancy only by low-income
families;
(C) is designed to meet the special physical needs
of elderly persons;
(D) accommodates the provision of supportive
services that are expected to be needed, either
initially or over the useful life of the housing, by
elderly persons and children that the housing is
intended to serve; and
(E) provides a range of such services that are
tailored to the needs of elderly persons and children
occupying such housing.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$20,000,000 for each of fiscal years 2014 through 2018.
|
Generational Residences and Nurturing Dwellings Act or GRAND Act - Establishes in the Department of Housing and Urban Development (HUD) a program to provide need-based assistance for each fiscal year, made available on a competitive basis, to up to five eligible nonprofit organizations to expand the supply of specialized housing and social services for qualified elderly relatives, age 60 or older, who are raising a child of which they are not a parent either by blood or marriage. Provides such assistance in the form of: financing for the construction, reconstruction, moderate or substantial rehabilitation, or acquisition of a structure or a portion of a structure to be used as specialized housing in accordance with the program; tenant-based rental (voucher) assistance under the United States Housing Act of 1937 for use only by qualified relatives who are raising a child and are eligible for such assistance for rental of a dwelling unit that qualifies as specialized housing; elderly housing project rental assistance under the Housing Act of 1959 in connection with dwelling units that qualify as specialized housing and are made available for occupancy only by qualified relatives who are raising a child and are eligible for occupancy in such housing; and help with ongoing operational expenses of any specialized housing, including costs of supportive services required for such housing.
|
{"src": "billsum_train", "title": "GRAND Act"}
| 1,344 | 275 | 0.714247 | 2.004066 | 0.802901 | 5.670782 | 4.995885 | 0.954733 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Delaware Wild and Scenic
Rivers Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Public Law 102-460 directed the Secretary of the Interior,
in cooperation and consultation with appropriate Federal, State,
regional, and local agencies, to conduct a study of the eligibility
and suitability of the lower Delaware River for inclusion in the
Wild and Scenic Rivers System;
(2) during the study, the Lower Delaware Wild and Scenic River
Study Task Force and the National Park Service prepared a river
management plan for the study area entitled ``Lower Delaware River
Management Plan'' and dated August 1997, which establishes goals
and actions that will ensure long-term protection of the river's
outstanding values and compatible management of land and water
resources associated with the river; and
(3) after completion of the study, 24 municipalities along
segments of the Delaware River eligible for designation passed
resolutions supporting the Lower Delaware River Management Plan,
agreeing to take action to implement the goals of the plan, and
endorsing designation of the river.
SEC. 3 DESIGNATION.
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a))
is amended--
(1) by designating the first undesignated paragraph following
paragraph 156, pertaining to Elkhorn Creek and enacted by Public
Law 104-208, as paragraph 157;
(2) by designating the second undesignated paragraph following
paragraph 156, pertaining to the Clarion River, Pennsylvania, and
enacted by Public Law 104-314, as paragraph 158;
(3) by designating the third undesignated paragraph following
paragraph 156, pertaining to the Lamprey River, New Hampshire, and
enacted by Public Law 104-333, as paragraph 159;
(4) by striking the fourth undesignated paragraph following
paragraph 156, pertaining to Elkhorn Creek and enacted by Public
Law 104-333; and
(5) by adding at the end the following:
``(161) Lower delaware river and associated tributaries, new
jersey and pennsylvania.--(A) The 65.6 miles of river segments in
New Jersey and Pennsylvania, consisting of--
``(i) the segment from river mile 193.8 to the northern
border of the city of Easton, Pennsylvania (approximately 10.5
miles), as a recreational river;
``(ii) the segment from a point just south of the Gilbert
Generating Station to a point just north of the Point Pleasant
Pumping Station (approximately 14.2 miles), as a recreational
river;
``(iii) the segment from the point just south of the Point
Pleasant Pumping Station to a point 1,000 feet north of the
Route 202 bridge (approximately 6.3 miles), as a recreational
river;
``(iv) the segment from a point 1,750 feet south of the
Route 202 bridge to the southern border of the town of New
Hope, Pennsylvania (approximately 1.9 miles), as a recreational
river;
``(v) the segment from the southern boundary of the town of
New Hope, Pennsylvania, to the town of Washington Crossing,
Pennsylvania (approximately 6 miles), as a recreational river;
``(vi) Tinicum Creek (approximately 14.7 miles), as a
scenic river;
``(vii) Tohickon Creek from the Lake Nockamixon Dam to the
Delaware River (approximately 10.7 miles), as a scenic river;
and
``(viii) Paunacussing Creek in Solebury Township
(approximately 3 miles), as a recreational river.
``(B) Administration.--The river segments referred to in
subparagraph (A) shall be administered by the Secretary of the
Interior. Notwithstanding section 10(c), the river segments shall
not be administered as part of the National Park System.''.
SEC. 4. MANAGEMENT OF RIVER SEGMENTS.
(a) Management of Segments.--The river segments designated in
section 3 shall be managed--
(1) in accordance with the river management plan entitled
``Lower Delaware River Management Plan'' and dated August 1997
(referred to as the ``management plan''), prepared by the Lower
Delaware Wild and Scenic River Study Task Force and the National
Park Service, which establishes goals and actions that will ensure
long-term protection of the river's outstanding values and
compatible management of land and water resources associated with
the river; and
(2) in cooperation with appropriate Federal, State, regional,
and local agencies, including--
(A) the New Jersey Department of Environmental Protection;
(B) the Pennsylvania Department of Conservation and Natural
Resources;
(C) the Delaware and Lehigh Navigation Canal Heritage
Corridor Commission;
(D) the Delaware and Raritan Canal Commission; and
(E) the Delaware River Greenway Partnership.
(b) Satisfaction of Requirements for Plan.--The management plan
shall be considered to satisfy the requirements for a comprehensive
management plan under subsection 3(d) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(d)).
(c) Federal Role.--
(1) Restrictions on water resource projects.--In determining
under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1278(a)) whether a proposed water resources project would have a
direct and adverse effect on the value for which a segment is
designated as part of the Wild and Scenic Rivers System, the
Secretary of the Interior (hereinafter referred to as the
``Secretary'') shall consider the extent to which the project is
consistent with the management plan.
(2) Cooperative agreements.--Any cooperative agreements entered
into under section 10(e) of the Wild and Scenic Rivers Act (16
U.S.C. 1281(e)) relating to any of the segments designated by this
Act shall--
(A) be consistent with the management plan; and
(B) may include provisions for financial or other
assistance from the United States to facilitate the long-term
protection, conservation, and enhancement of the segments.
(3) Support for implementation.--The Secretary may provide
technical assistance, staff support, and funding to assist in the
implementation of the management plan.
(d) Land Management.--
(1) In general.--The Secretary may provide planning, financial,
and technical assistance to local municipalities to assist in the
implementation of actions to protect the natural, economic, and
historic resources of the river segments designated by this Act.
(2) Plan requirements.--After adoption of recommendations made
in section III of the management plan, the zoning ordinances of the
municipalities bordering the segments shall be considered to
satisfy the standards and requirements under section 6(c) of the
Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
(e) Additional Segments.--
(1) In general.--In this paragraph, the term ``additional
segment'' means--
(A) the segment from the Delaware Water Gap to the Toll
Bridge connecting Columbia, New Jersey, and Portland,
Pennsylvania (approximately 9.2 miles), which, if made part of
the Wild and Scenic Rivers System in accordance with this
paragraph, shall be administered by the Secretary as a
recreational river;
(B) the segment from the Erie Lackawanna railroad bridge to
the southern tip of Dildine Island (approximately 3.6 miles),
which, if made part of the Wild and Scenic Rivers System in
accordance with this paragraph, shall be administered by the
Secretary as a recreational river;
(C) the segment from the southern tip of Mack Island to the
northern border of the town of Belvidere, New Jersey
(approximately 2 miles), which, if made part of the Wild and
Scenic Rivers System in accordance with this paragraph, shall
be administered by the Secretary as a recreational river;
(D) the segment from the southern border of the town of
Phillipsburg, New Jersey, to a point just north of Gilbert
Generating Station (approximately 9.5 miles), which, if made
part of the Wild and Scenic Rivers System in accordance with
this paragraph, shall be administered by the Secretary as a
recreational river;
(E) Paulinskill River in Knowlton Township (approximately
2.4 miles), which, if made part of the Wild and Scenic Rivers
System in accordance with this paragraph, shall be administered
by the Secretary as a recreational river; and
(F) Cook's Creek (approximately 3.5 miles), which, if made
part of the Wild and Scenic Rivers System in accordance with
this paragraph, shall be administered by the Secretary as a
scenic river.
(2) Finding.--Congress finds that each of the additional
segments is suitable for designation as a recreational river or
scenic river under this paragraph, if there is adequate local
support for the designation.
(3) Designation.--If the Secretary finds that there is adequate
local support for designating any of the additional segments as a
recreational river or scenic river--
(A) the Secretary shall publish in the Federal Register a
notice of the designation of the segment; and
(B) the segment shall thereby be designated as a
recreational river or scenic river, as the case may be, in
accordance with the Wild and Scenic Rivers Act (16 U.S.C. 1271
et seq.).
(4) Criteria for local support.--In determining whether there
is adequate local support for the designation of an additional
segment, the Secretary shall consider, among other things, the
preferences of local governments expressed in resolutions
concerning designation of the segment.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as are necessary
to carry out this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Requires such segments to be managed: (1) in accordance with the Lower Delaware River management plan which ensures the long-term protection of the River's values and the compatible management of land and water resources associated with the River; and (2) in cooperation with appropriate Federal, State, regional, and local agencies.
Authorizes the Secretary: (1) to provide planning, financial, and technical assistance to affected local municipalities to protect the natural, economic, and historic resources of the segments; and (2) if adequate local support to add certain additional segments to the System is found, to publish a notice of such designation, after which such segments shall be so included.
Authorizes appropriations.
|
{"src": "billsum_train", "title": "Lower Delaware Wild and Scenic Rivers Act"}
| 2,238 | 143 | 0.551262 | 1.604584 | 0.639727 | 4.355072 | 14.268116 | 0.92029 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Rent Act of 2017''.
SEC. 2. RIGHT TO RENT HOME SUBJECT TO FORECLOSURE.
(a) Exercise of Right.--If, at any time after notice under
subsection (b) for an eligible mortgage is provided to the eligible
mortgagor and before the commencement of the 7-day period that ends on
the first date that the foreclosing creditor may first commence or
execute such foreclosure pursuant to such notice, the eligible
mortgagor under the eligible mortgage that is subject to such
foreclosure provides notice in accordance with section 3,
notwithstanding such foreclosure or any other interests in the
property, the eligible mortgagor may, at the sole option of the
eligible mortgagor, continue to occupy the foreclosed property during
the 5-year period that begins upon the commencement of such occupancy,
subject to the requirements of subsection (c).
(b) Limitation on Timing of Foreclosure; Notice of Default and
Right To Rent.--Notwithstanding any other provision of law or any
contract, a foreclosure of an eligible mortgage may not be commenced or
executed before the expiration of the 25-day period (not including
Saturdays, Sundays, and legal public holidays) beginning upon the
receipt, by the eligible mortgagor, of written notice provided by the
foreclosing creditor for the mortgage that--
(1) clearly states that--
(A) the eligible mortgagor is in default on the
mortgage; and
(B) foreclosure on the mortgage may or will be
commenced on account of such default;
(2) clearly states that the eligible mortgagor has the
right, notwithstanding foreclosure, to continue to occupy the
foreclosed property in accordance with this Act, and sets forth
the terms of such occupancy under subsections (a) and (c); and
(3) clearly identifies the first date, pursuant to this
section and any other provisions of law and contract, that such
foreclosure may be commenced.
(c) Terms of Periodic Tenancy.--Occupancy, by an eligible
mortgagor, of a foreclosed property pursuant to subsection (a) shall be
under a periodic month-to-month tenancy under which the owner of the
property may terminate the tenancy for material breach but shall have
no authority, at will, to terminate the tenancy during the occupancy
pursuant to subsection (a) if the mortgagor--
(1) timely pays to the owner of the foreclosed property
rent on a monthly basis in the amount of the fair market rent
for the property determined in accordance with section 4; and
(2) uses property as the principal residence of the
mortgagor.
SEC. 3. REQUIRED NOTICE.
With respect to an eligible mortgage for which notice under section
2(b) has been provided, notice in accordance with this section is
notice that--
(1) is made in writing;
(2) is submitted, by a means under which the act of
delivery is recorded, to--
(A) the court having jurisdiction and venue to
conduct the covered foreclosure proceeding for the
eligible mortgage or, in the case of nonjudicial
foreclosure, the court in which an action is brought
pursuant to section 5; and
(B) the foreclosing creditor; and
(3) states that the eligible mortgagor is exercising the
authority under section 2(a) to continue to occupy the
foreclosed property.
SEC. 4. DETERMINATION OF FAIR MARKET RENT.
(a) Initial Determination.--For purposes of this Act, the fair
market rent for a foreclosed property involved in a covered foreclosure
proceeding shall be the amount that is determined by the court
conducting such proceeding or hearing an action pursuant to section 5.
(b) Periodic Adjustments.--The fair market rent determined under
subsection (a) for a foreclosed property shall be adjusted annually to
reflect changes in the owners' equivalent rent of primary residence
component, for the appropriate city, region, or class of city, as
available, of the Consumer Price Index for All Urban Consumers of the
Bureau of Labor Statistics of the Department of Labor.
(c) Redetermination.--If the owner of a foreclosed property or the
eligible mortgagor under the eligible mortgage requests the court
described in subsection (a) to redetermine the fair market rent for a
foreclosed property determined pursuant to this section (as such amount
may have been adjusted pursuant to subsection (b)) and agrees to pay
any costs of such redetermination (including costs of the appraisal
involved), the court shall provide for redetermination of the fair
market rent for the foreclosed property in the manner provided under
subsection (a), except that no such redetermination shall be made
pursuant to a request under this subsection made before the expiration
of the 12-month period beginning upon the most recent redetermination
conducted at the request of the same party.
SEC. 5. NONJUDICIAL FORECLOSURE PROCEEDINGS.
In the case of any covered foreclosure proceeding that is not
conducted or administered by a court, the eligible mortgagor may bring
an action in an appropriate court of the State in which the foreclosed
property is located for a determination of fair market rent for the
foreclosed property for purposes of this Act, by filing notice in
accordance with section 3 with such court and otherwise complying with
the rules of such court.
SEC. 6. NO BAR TO FORECLOSURE.
This Act may not be construed to delay, or otherwise modify,
affect, or alter any right of a creditor under an eligible mortgage to
foreclose on the mortgage and to sell the foreclosed property in
connection with such foreclosure, except that the right of any owner of
the property to possession of the property shall be subject to the
leasehold interest established pursuant to section 2(c).
SEC. 7. RIGHT TO REINSTATEMENT.
This Act may not be construed to affect any right of any eligible
mortgagor to reinstatement of an eligible mortgage, including any right
established under contract or State law.
SEC. 8. JURISDICTION OF FEDERAL COURTS.
At the option of the eligible mortgagor, a proceeding under section
4 or 5 shall be removed to the appropriate district court of the United
States in accordance with section 1441 of title 28, United States Code.
SEC. 9. EFFECT ON STATE LAW.
(a) Foreclosure Laws.--This Act does not annul, alter, affect, or
exempt any person subject to the provisions of this Act from complying
with the laws of any State regarding foreclosure on residential
properties, except to the extent that such laws are inconsistent with
any provision of this Act, and then only to the extent of such
inconsistency.
(b) Landlord-Tenant Laws.--Nothing in this Act may be construed to
not annul, alter, affect, or exempt any such tenancy created pursuant
to section 2(c) from any applicable State or local laws regarding the
rights or responsibilities of landlords or tenants.
SEC. 10. OVERSIGHT BY HUD.
The Secretary of Housing and Urban Development shall--
(1) monitor compliance with the requirements under this
Act;
(2) make available, and provide, appropriate assistance to
eligible mortgagors in exercising their rights under this Act;
(3) conduct outreach activities appropriate to inform
eligible mortgagors of the provisions of this Act; and
(4) submit to the Congress, not less than annually, reports
describing the implementation of this Act, the extent to which
this Act is utilized by eligible mortgagors, and any issues
regarding such implementation or utilization.
SEC. 11. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Covered foreclosure proceeding.--The term ``covered
foreclosure proceeding'' means a foreclosure proceeding with
respect to an eligible mortgage, and includes any foreclosure
proceeding authorized under the law of the applicable State,
including judicial and non-judicial foreclosure proceedings.
(2) Eligible mortgagor.--The term ``eligible mortgagor''
means a mortgagor under an eligible mortgage.
(3) Eligible mortgage.--The term ``eligible mortgage''
means a first or subordinate mortgage--
(A) on a property that--
(i) is a single family property;
(ii) has been used as the principal
residence of the eligible mortgagor for a
period of not less than 2 years immediately
preceding the initiation of the covered
foreclosure proceeding involved; and
(iii) had a purchase price, at the time
purchased by the eligible mortgagor, that is
less than the median purchase price for
residences that are located in--
(I) the same metropolitan
statistical area; or
(II) if the property is not located
in a metropolitan statistical area or
information for the area is not
available, the same State; and
(B) that was originated on or before December 31,
2008.
For purposes of subparagraph (A)(iii), the median purchase
price of residences located within a metropolitan area or State
shall be determined according to information collected and made
available by the National Association of Realtors for such area
or State for the most recently completed month for which such
information is available.
(4) Foreclosed property.--The term ``foreclosed property''
means, with respect to a covered foreclosure proceeding, the
single family property that is subject to the eligible mortgage
being foreclosed under the proceeding.
(5) Foreclosing creditor.--The term ``foreclosing
creditor'' means, with respect to a covered foreclosure
proceeding, the creditor that is foreclosing the eligible
mortgage through such proceeding.
(6) Owner.--The term ``owner'' means, with respect to a
foreclosed property, the person who has title to the property
pursuant to the foreclosure proceeding for the property, and
any successor or assign of such person.
(7) Single family property.--The term ``single family
property'' means--
(A) a structure consisting of 1 to 4 dwelling
units;
(B) a dwelling unit in a multi-unit condominium
property together with an undivided interest in the
common areas and facilities serving the property; or
(C) a dwelling unit in a multi-unit project for
which purchase of stock or a membership interest
entitles the purchaser to permanent occupancy of that
unit.
SEC. 12. APPLICABILITY AND SUNSET.
(a) Applicability.--Subject to subsection (b), this Act shall apply
to any covered foreclosure proceeding that has not been finally
adjudicated as of the date of the enactment of this Act.
(b) Sunset.--This Act shall not apply to any foreclosure proceeding
commenced after the expiration of the 5-year period beginning on the
date of the enactment of this Act.
|
Right to Rent Act of 2017 This bill temporarily allows an eligible mortgagor who is subject to foreclosure proceedings to remain in the foreclosed home as a renter for up to five years, subject to specified requirements. The bill applies to a mortgage originated prior to 2009 on a single-family home that: (1) has been used as a primary residence for at least two years, and (2) had a purchase price that is less than the median purchase price for residences in the area. The bill specifies notice requirements and establishes a formula for determining fair-market rent. The Department of Housing and Urban Development shall: (1) monitor compliance with the bill, (2) provide assistance to eligible mortgagors in exercising their rights under the bill, and (3) conduct outreach activities.
|
{"src": "billsum_train", "title": "Right to Rent Act of 2017"}
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Child Left Behind Improvement Act
of 2005''.
SEC. 2. AMENDMENTS TO ESEA.
(a) Highly Qualified Teachers.--
(1) Middle school teachers.--Paragraph (23) of section 9101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801) is amended--
(A) in subclause (II) of subparagraph (B)(ii), by
inserting ``in the case of a secondary school
teacher,'' before ``successful completion'';
(B) at the end of subparagraph (B), by adding the
following:
``(III) in the case of a middle
school teacher, successful completion,
in at least one of the academic
subjects in which the teacher teaches,
of an academic major, a graduate
degree, coursework equivalent to an
undergraduate academic major, or
advanced certification or credentialing
and, in every other academic subject in
which the teacher teaches, of at least
an academic minor;''.
(C) in subparagraph (C), by striking the period at
the end and inserting a semicolon; and
(D) by adding at the end the following:
``(D) when used with respect to a middle school
teacher who was not new to the profession as of the
date of the enactment of the No Child Left Behind Act
of 2001, means that the teacher holds at least a
bachelor's degree and--
``(i) has met the applicable standard in
subparagraph (B)(ii) or (C)(ii); or
``(ii) satisfies such criteria as the
Secretary may establish for demonstrating an
extensive history of teaching experience and a
positive teaching record (including positive
peer reviews and any postgraduate credits or
training); and''.
(2) Special education and corrections education teachers.--
Paragraph (23) of section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801), as amended by paragraph
(1), is amended--
(A) in clause (ii) of subparagraph (B), by
inserting ``subject to subparagraph (E),'' before ``a
middle or secondary school teacher''; and
(B) by adding at the end the following:
``(E) in lieu of demonstrating for purposes of
subparagraph (B)(ii) a high level of competency in each
of the academic subjects in which a middle or secondary
school teacher teaches--
``(i) a middle or secondary school teacher
primarily serving children with disabilities or
a middle or secondary school teacher primarily
serving children or youth described in section
1411 may, for the first 3 school years after
the date of the enactment of the No Child Left
Behind Improvement Act of 2005 or the first 3
school years of such teacher's teaching career,
demonstrate such a high level of competency by
satisfying the requirements of subclause (I),
(II), or (III) of subparagraph (B)(ii) only
with respect to special education or
corrections education, respectively; and
``(ii) notwithstanding the limitation of 3
school years in clause (i), a middle or
secondary school teacher who teaches 3 or more
subjects and exclusively serves children with
disabilities or a middle or secondary school
teacher who teaches 3 or more subjects and
exclusively serves children or youth described
in section 1411 may, for as long as the teacher
continues to serve in such capacity,
demonstrate such a high level of competency by
satisfying the requirements of subclause (I),
(II), or (III) of subparagraph (B)(ii) only
with respect to special education or
corrections education, respectively.''.
(b) Adequate Yearly Progress.--
(1) Student with disabilities.--
(A) Modification of standards, assessments.--
Subsection (b) of section 1111 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311) is
amended by adding at the end the following:
``(11) Children with disabilities.--
``(A) Modification of standards, assessments.--With
respect to a child with a disability, a State plan
shall provide for alternate challenging academic
content standards and challenging student academic
achievement standards under paragraph (1)(A), alternate
high standards of academic achievement described in
paragraph (2)(C)(i), and alternate yearly student
academic assessments described in paragraph (3), to
align such standards and assessments with the child's
individualized education program.
``(B) Determination of applicable assessment.--In
carrying out this paragraph, consistent with the
Individuals with Disabilities Education Act, the
State--
``(i) shall allow the individualized
education program team of each child with a
disability in the State to determine whether an
alternate academic assessment should be
administered to the child in lieu of the
academic assessment otherwise required by
paragraph (3);
``(ii) shall require the individualized
education program team of the child to select
any such alternate academic assessment from
among the alternate assessments included in the
State's plan pursuant to subparagraph (C); and
``(iii) shall require that any alternate
academic assessment administered to a child
under this paragraph be more advanced than any
such assessment administered to the child in a
previous school year under this paragraph.
``(C) Alternative assessments.--Each State plan
shall include alternate academic assessments that may
be administered to children with disabilities for
purposes of complying with this paragraph.
``(D) Definition.--In this paragraph, the term
`individualized education program' has the meaning
given to that term in section 602 of the Individuals
with Disabilities Education Act.''.
(B) Rule of construction.--The amendment made by
this paragraph shall be construed as superseding the
1.0 percent cap at section 200.13(c)(1) of title 34,
Code of Federal Regulations (imposing a cap on the
number of children with disabilities whose proficient
and advanced scores, although based on alternate
achievement standards, may be included in calculating
adequate yearly progress).
(2) Students with limited english proficiency.--Section
1111(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6311(b)) is amended--
(A) in paragraph (2)(C)--
(i) in clause (vi), by striking ``and'' at
the end;
(ii) in clause (vii), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(viii) notwithstanding the participation
of students with limited English proficiency in
the yearly student academic assessments in
mathematics, reading or language arts, and
science described in paragraph (3), measures
the achievement of the group of such students
based exclusively on the progress of such
students in acquiring English proficiency, as
determined by measuring the progress of such
students on a longitudinal basis, taking into
consideration the performance of such students
on the academic assessments of English language
proficiency required under paragraph (7);
and''; and
(B) by amending paragraph (6) to read as follows:
``(6) Students with limited english proficiency.--In
addition to administering to students with limited English
proficiency the yearly student academic assessments in
mathematics, reading or language arts, and science described in
paragraph (3), each State plan shall demonstrate that the State
educational agency, in consultation with local educational
agencies, has implemented high-quality, yearly assessments,
including at a minimum the academic assessments of English
language proficiency required under paragraph (7), for
measuring on a longitudinal basis the progress of each
individual student with limited English proficiency served by
the State educational agency.''.
(3) Longitudinal measurement of ayp.--Subsection (b) of
section 1111 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311) is amended--
(A) at the end of paragraph (2)(C), as amended by
paragraph (2), by adding the following:
``(ix) at the State's discretion, measures
the progress of public elementary schools,
secondary schools, and local educational
agencies by tracking the progress of individual
students or cohorts of students on a
longitudinal basis in lieu of, or in addition
to, comparing the proficiency of a class of
students with the proficiency of earlier
classes of students.''; and
(B) at the end of subsection (b), as amended by
paragraph (1), by adding the following:
``(12) Longitudinal progress of transferring students.--
``(A) In general.--If a State chooses to measure
adequate yearly progress on a longitudinal basis
pursuant to paragraph (2)(C)(ix), the State may exclude
from such measurement of progress at a school any
student who transferred to that school at the beginning
of or during the school year involved.
``(B) Students who frequently transfer.--The
Secretary by regulation--
``(i) shall ensure that a State choosing to
measure adequate yearly progress on a
longitudinal basis has in effect a system for
measuring the progress of students who
frequently transfer among schools; and
``(ii) in the case of a student who attends
3 or more schools in any 5-year period, shall
provide for the sharing of school records.''.
(4) Percentage of students required to take assessments.--
Clause (ii) of section 1111(b)(2)(I) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(I)) is
amended by inserting ``, and except that a school may satisfy
the 95 percent requirement described in this clause based on a
3-year average of the applicable percentage'' after
``personally identifiable information about an individual
student''.
(5) Conforming amendments.--Subsection (b) of section 1111
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311) is amended--
(A) in subparagraph (B) of paragraph (1), by
striking ``The academic standards'' and inserting
``Subject to paragraphs (2)(C)(viii), (6), and (11),
the academic standards''; and
(B) in clause (i) of paragraph (3)(C), by inserting
``subject to paragraphs (6) and (11),'' before ``be the
same academic assessments''.
(c) Effective Date.--The amendments made by this Act shall apply
only with respect to the first school year beginning after the date of
the enactment of this Act and subsequent school years.
|
No Child Left Behind Improvement Act of 2005 - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, to revise accountability requirements of title I part A assistance for basic programs operated by local educational agencies to improve the academic achievement of the disadvantaged.
Revises such requirements relating to: (1) qualifications of middle school teachers and of special education and corrections education teachers; (2) adequate yearly progress (AYP) standards for students with disabilities and for students with limited English proficiency; (3) longitudinal measurement of AYP; and (4) percentage of students taking assessments.
|
{"src": "billsum_train", "title": "To amend the accountability provisions of the Elementary and Secondary Education Act of 1965, and for other purposes."}
| 2,351 | 129 | 0.507998 | 1.248654 | 0.60319 | 3.106557 | 17.901639 | 0.860656 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Housing for Domestic Violence
and Sexual Assault Survivors Act of 2016''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Cities, towns, and rural communities in the United
States continue to face enormous challenges regarding domestic
violence, sexual assault, dating violence, stalking, and other
forms of intimate partner violence.
(2) One in 3 women have experienced rape, physical
violence, or stalking by an intimate partner in their lifetime.
(3) Approximately 7,000,000 women are raped or physically
assaulted by a current or former intimate partner each year.
(4) Each day, an average of 3 women are killed by a current
or former partner.
(5) Researchers estimate that domestic violence costs
employers up to $13,000,000,000 each year.
(6) A fundamental component of ending domestic and sexual
violence is securing safe and affordable housing for victims.
(7) Research indicates that--
(A) nearly 50 percent of all homeless women report
that domestic violence was the immediate cause of their
homelessness;
(B) 92 percent of homeless women report having
experienced severe physical or sexual violence at some
point in their lives; and
(C) victims become homeless as a result of sexual
assault, and once homeless, they are further vulnerable
to sexual victimization and exploitation.
(8) Surveys show that a majority of victims that experience
a sexual assault in their home do not relocate to a safe
environment because they do not have sufficient funds, and are
not aware of better options.
(9) Domestic and sexual violence victims often find
themselves trapped in homes where they are further victimized
by caregivers, parents, siblings, landlords, intimate partners,
neighbors, or others in or near their home. Economic insecurity
and the trauma that often follows sexual assault make it
difficult, if not impossible, for many victims to access safe,
affordable housing options for themselves and their families.
(10) Domestic and sexual violence victims continue to face
discrimination in securing and maintaining housing based on
their status as victims and as a result of crimes committed
against them.
(11) Research by the Attorney General of the State of New
York found that 67 percent of domestic violence victims
reported that discrimination by landlords is a significant
obstacle in obtaining housing.
(12) Research also shows that victims of domestic violence
or sexual assault are commonly denied housing opportunities if
a previous residence of the victim was a domestic violence
shelter, if the victim has secured a protective order, or if
there is other evidence that the victim has experienced a
previous domestic violence incident.
(13) Studies show that victims of domestic violence or
sexual assault often face eviction based on a single domestic
violence incident.
(14) It is in the public interest that victims of domestic
violence, sexual assault, dating violence, stalking, and other
forms of intimate partner violence are not discriminated
against, particularly with respect to housing, based on their
status as victims or the crimes committed against them.
(15) Nothing in this Act should be interpreted to limit the
ability of victims of domestic violence or sexual assault to
recover for claims of discrimination on the basis of sex or
race under the Fair Housing Act (42 U.S.C. 3601 et seq.),
including with respect to failure to conform to gender
stereotypes or policies that disproportionately affect women.
SEC. 3. SURVIVORS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT AS PROTECTED
CLASS UNDER THE FAIR HOUSING ACT.
(a) In General.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is
amended--
(1) in section 802 (42 U.S.C. 3602), by adding at the end
the following:
``(p) `Domestic violence'--
``(1) has the meaning given the term in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
and
``(2) includes--
``(A) dating violence and stalking, as defined in
such section 40002(a); and
``(B) threatened domestic violence.
``(q) `Sexual assault'--
``(1) has the meaning given the term in section 40002(a) of
the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
and
``(2) includes threatened sexual assault.'';
(2) in section 804 (42 U.S.C. 3604)--
(A) in subsection (a), by inserting ``, or because
the person is a survivor of domestic violence or sexual
assault'' before the period at the end;
(B) in subsection (b), by inserting, ``, or because
the person is a survivor of domestic violence or sexual
assault'' before the period at the end;
(C) in subsection (c), by striking ``or national
origin'' and inserting, ``national origin, or whether a
person is a survivor of domestic violence or sexual
assault'';
(D) in subsection (d), by inserting ``, or because
the person is a survivor of domestic violence or sexual
assault,'' after ``national origin''; and
(E) in subsection (e), by inserting ``, or of a
person or persons who are survivors of domestic
violence or sexual assault'' before the period at the
end;
(3) in section 805 (42 U.S.C. 3605)--
(A) in subsection (a), by inserting ``, or because
the person is a survivor of domestic violence or sexual
assault'' before the period at the end; and
(B) in subsection (c), by striking ``or familial
status'' and inserting ``familial status, or whether a
person is a survivor of domestic violence or sexual
assault'';
(4) in section 806 (42 U.S.C. 3606), by striking ``or
national origin'' and inserting ``national origin, or whether a
person is a survivor of domestic violence or sexual assault'';
(5) in section 807 (42 U.S.C. 3607), by adding at the end
the following:
``(c) Nothing in this title shall prohibit Federal, State, or local
governmental or other assistance or a preference program designed to
assist or benefit domestic violence or sexual assault survivors in
seeking, securing, or maintaining dwellings, shelters, or any other
form of housing, including associated notices, statements, or
advertisements.''; and
(6) in section 808(e)(6) (42 U.S.C. 3608(e)(6)), by
inserting ``status as a survivor of domestic violence or sexual
assault,'' after ``handicap,''.
(b) Prevention of Intimidation in Fair Housing Cases.--The Civil
Rights Act of 1968 (42 U.S.C. 1301 et seq.) is amended--
(1) in section 901--
(A) in subsection (a), by inserting ``, or because
the person is a survivor of domestic violence or sexual
assault,'' after ``national origin'';
(B) in subsection (b)(1), by inserting ``or because
the person is a survivor of domestic violence or sexual
assault,'' after ``national origin,''; and
(C) in subsection (c), by inserting ``or because
the person is a survivor of domestic violence or sexual
assault,'' after ``national origin,''; and
(2) by inserting after section 901 the following:
``SEC. 902. DEFINITIONS.
``In this title, the terms `domestic violence' and `sexual assault'
have the meanings given those terms in section 802.''.
|
Fair Housing for Domestic Violence and Sexual Assault Survivors Act of 2016 This bill amends the Fair Housing Act to prohibit discrimination against or regarding survivors of domestic violence or sexual assault in: the sale or rental of housing and related activities, residential real estate-related transactions, and the provision of real estate brokerage services. This bill declares that nothing in the Act shall prohibit federal, state, or local government or other assistance or a preference program designed to assist or benefit domestic violence or sexual assault survivors in seeking, securing, or maintaining dwellings, shelters or any other form of housing. The Civil Rights Act of 1968 is amended to prohibit intimidation in fair housing tranactions regarding survivors of domestic violence or sexual assault.
|
{"src": "billsum_train", "title": "Fair Housing for Domestic Violence and Sexual Assault Survivors Act of 2016"}
| 1,747 | 153 | 0.431287 | 1.20499 | 0.857303 | 4.29078 | 11.397163 | 0.815603 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Solar Uniting Neighborhoods (SUN)
Act of 2011''.
SEC. 2. CLARIFICATION WITH RESPECT TO LOCATION OF SOLAR ELECTRIC
PROPERTY.
(a) In General.--Paragraph (2) of section 25D(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(2) Qualified solar electric property expenditure.--
``(A) In general.--The term `qualified solar
electric property expenditure' means an expenditure for
property which uses solar energy to generate
electricity--
``(i) for use in a dwelling unit located in
the United States and used as a residence by
the taxpayer, or
``(ii) which enters the electrical grid at
any point which is not more than 50 miles from
the point at which such a dwelling unit used as
a residence by the taxpayer is connected to
such grid, but only if such property is not
used in a trade or business of the taxpayer or
in an activity with respect to which a
deduction is allowed to the taxpayer under
section 162 or paragraph (1) or (2) of section
212.
``(B) Recapture.--The Secretary may provide for the
recapture of the credit under this subsection with
respect to any property described in clause (ii) of
subparagraph (A) which ceases to satisfy the
requirements of such clause.''.
(b) Limitation With Respect to Off-Site Solar Property.--Subsection
(b) of section 25D of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(3) Maximum credit for off-site solar property.--In the
case of any qualified solar electric property expenditure which
is such an expenditure by reason of clause (ii) of subsection
(d)(2)(A), the credit allowed under subsection (a) (determined
without regard to subsection (c)) for any taxable year with
respect to all such expenditures shall not exceed $50,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. CLARIFICATION WITH RESPECT TO LOCATION OF SOLAR WATER HEATING
PROPERTY.
(a) In General.--Section 25D(d)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``The term'' and inserting the following:
``(A) In general.--The term'', and
(2) by adding at the end the following new subparagraph:
``(B) Off-site property.--
``(i) In general.--Such term shall include
an expenditure for property described in
subparagraph (A) notwithstanding--
``(I) whether such property is
located on the same site as the
dwelling unit for which the energy
generated from such property is used,
and
``(II) whether the energy generated
by such property displaces the energy
used to heat the water load or space
heating load for the dwelling, so long
as any such displacement from such
property occurs not more than 50 miles
from such dwelling unit,
but only if such property is not used in a
trade or business of the taxpayer or in an
activity with respect to which a deduction is
allowed to the taxpayer under section 162 or
paragraph (1) or (2) of section 212.
``(ii) Recapture.--The Secretary may
provide for the recapture of the credit under
this subsection with respect to any property
described in clause (i) which ceases to satisfy
the requirements of such clause.''.
(b) Limitation With Respect to Off-Site Solar Property.--Paragraph
(3) of section 25D(b) of the Internal Revenue Code of 1986, as added by
section 2, is amended to read as follows:
``(3) Maximum credit for off-site solar property.--In the
case of--
``(A) any qualified solar electric property
expenditure which is such an expenditure by reason of
clause (ii) of subsection (d)(2)(A), and
``(B) any qualified solar water heating property
expenditure which is such an expenditure by reason of
subparagraph (B) of subsection (d)(1),
the credit allowed under subsection (a) (determined without
regard to subsection (c)) for any taxable year with respect to
all such expenditures shall not exceed $50,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. EXCLUSION OF INCOME FROM QUALIFYING SALES.
(a) In General.--Part III of subchapter B of chapter 1 is amended
by inserting before section 140 the following new section:
``SEC. 139F. INCOME FROM QUALIFYING SALES OF SOLAR ELECTRICITY.
``For any taxable year, gross income of any person shall not
include any gain from the sale or exchange to the electrical grid
during such taxable year of electricity which is generated by property
with respect to which any qualified solar electric property
expenditures are eligible to be taken into account under section 25D,
but only to the extent such gain does not exceed the value of the
electricity used at such residence during such taxable year.''.
(b) Technical Amendment.--The Internal Revenue Code of 1986 is
amended by redesignating the section added to such Code by section
10108(f) of the Patient Protection and Affordable Care Act as section
139E, and by locating such section immediately after section 139D of
such Code (as added by section 9021(a) of such Act) and immediately
before section 139F of such Code (as added by this section).
(c) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by striking all that
follows after the item relating to section 139C and inserting the
following items:
``Sec. 139D. Indian health care benefits.
``Sec. 139E. Free choice vouchers.
``Sec. 139F. Income from qualifying sales of solar electricity.
``Sec. 140. Cross references to other Acts.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
|
Solar Uniting Neighborhoods (SUN) Act of 2011 - Amends the Internal Revenue Code to: (1) expand the definitions of "qualified solar electric property expenditure" and "qualified solar water heating property expenditure" to allow a residential energy efficient property tax credit for solar energy property which is either installed in a taxpayer's residence or is located within 50 miles of such residence; and (2) exclude from gross income, for income tax purposes, gain from the sale or exchange of electricity generated by solar energy property eligible for such tax credit.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide that solar energy property need not be located on the property with respect to which it is generating electricity in order to qualify for the residential energy efficient property credit."}
| 1,443 | 112 | 0.614275 | 1.497982 | 0.832839 | 2.238095 | 12.247619 | 0.809524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employment Protection Act of 2011''.
SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC
ACTIVITY.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) De minimis negative impact.--The term ``de minimis
negative impact'' means--
(A) with respect to employment levels, a loss of
more than 100 jobs, subject to the condition that any
offsetting job gains that result from the hypothetical
creation of new jobs through new technologies or
government employment may not be used to offset the job
loss calculation; and
(B) with respect to economic activity, a decrease
in economic activity of more than $1,000,000 during any
calendar year, subject to the condition that any
offsetting economic activity that results from the
hypothetical creation of new economic activity through
new technologies or government employment may not be
used in the economic activity calculation.
(b) Analysis of Impacts of Actions on Employment and Economic
Activity.--
(1) Analysis.--Prior to promulgating any regulation or
other requirement, issuing any policy statement, guidance
document, or endangerment finding, implementing any new or
substantially altered program, or denying any permit, the
Administrator shall analyze the impact on employment levels and
economic activity, disaggregated by State, of the regulation,
requirement, policy statement, guidance document, endangerment
finding, program, or permit denial.
(2) Economic models.--
(A) In general.--In carrying out paragraph (1), the
Administrator shall use the best available economic
models.
(B) Annual gao report.--Not later than December 31,
2011, and annually thereafter, the Comptroller General
of the United States shall submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives a report on the economic
models used by the Administrator to carry out this
subsection.
(3) Availability of information.--With respect to any
regulation, requirement, policy statement, guidance document,
endangerment finding, program, or permit denial, the
Administrator shall--
(A) post the analysis under paragraph (1) as a link
on the main page of the public Internet website of the
Environmental Protection Agency; and
(B) request that the Governor of any State
experiencing more than a de minimis negative impact
post the analysis in the Capitol of the State.
(4) Clean water act and other permits.--Each analysis under
paragraph (1) shall include a description of estimated job
losses and decreased economic activity due to the denial of a
permit, including any permit denied under the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.).
(c) Public Hearings.--
(1) In general.--If the Administrator concludes under
subsection (b)(1) that a regulation, requirement, policy
statement, guidance document, endangerment finding, program, or
permit denial will have more than a de minimis negative impact
on employment levels or economic activity in a State, the
Administrator shall hold a public hearing in each such State
not less than--
(A) 30 days before the effective date of the
regulation, requirement, policy statement, guidance
document, endangerment finding, or program; or
(B) 48 hours before the denial of a permit.
(2) Time, location, and selection.--
(A) In general.--A public hearing required by
paragraph (1) shall be held at a convenient time and
location for impacted residents.
(B) Location.--In selecting a location for a public
hearing under subparagraph (A), the Administrator shall
give priority to locations in the State that will
experience the greatest number of job losses.
(3) Citizen suits.--
(A) In general.--If a public hearing is required by
paragraph (1) with respect to any State, and the
Administrator fails to hold such a public hearing in
accordance with paragraphs (1) and (2), any resident of
the State may bring an action in any United States
district court in the State to compel compliance by the
Administrator.
(B) Relief.--If a resident prevails in an action
against the Administrator under subparagraph (A), the
United States district court--
(i) shall enjoin the regulation,
requirement, policy statement, guidance
document, endangerment finding, program, or
permit denial that is the subject of the
action; and
(ii) may award reasonable attorneys' fees
and costs.
(C) Appeal.--On appeal of an injunction issued
under subparagraph (B)(i), a United States court of
appeals--
(i) shall require the submission of briefs
not later than 30 days after the date of filing
of the appeal;
(ii) may not stay the injunction prior to
hearing oral arguments; and
(iii) shall make a final decision not later
than 90 days after the date of filing of the
appeal.
(d) Notification.--If the Administrator concludes under subsection
(b)(1) that a regulation, requirement, policy statement, guidance
document, endangerment finding, program, or permit denial will have
more than a de minimis negative impact on employment levels or economic
activity in any State, the Administrator shall provide a notice of the
de minimis negative impact to the congressional delegation, Governor,
and legislature of the affected State not later than--
(1) 45 days before the effective date of the regulation,
requirement, policy statement, guidance document, endangerment
finding, requirement, or program; or
(2) 7 days before the denial of the permit.
|
Employment Protection Act of 2011 - Requires the Administrator of the Environmental Protection Agency (EPA), prior to promulgating a regulation, policy statement, guidance document, or endangerment finding, implementing any new or substantially altered program, or issuing or denying any permit, to analyze the impact, disaggregated by state, of such requirements, policy statement, guidance, finding, program, permit, or permit denial on employment levels and economic activity. Requires such analysis to include estimated job losses and decreased economic activity due to the denial or issuance of permits, including permits issued under the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
Requires the Administrator to: (1) post such analysis on EPA's website and request governors of states experiencing more than a de minimis negative impact to post such analysis in their capitols; (2) hold public hearings in each state in which a requirement, program, or permit will have more than a de minimis negative impact on employment levels or economic activity; and (3) give notice of such impact in a state to such state's congressional delegation, governor, and legislature prior to the effective date of such requirement or program or the denial or issuance of a permit.
Defines "de minimis negative impact" to mean: (1) a loss of more than 100 jobs (offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation); and (2) a decrease in economic activity of more than $1,000,000 in a year (offsetting economic activity that result from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation).
|
{"src": "billsum_train", "title": "A bill to require the Administrator of the Environmental Protection Agency to consider the impact on employment levels and economic activity prior to issuing a regulation, policy statement, guidance document, endangerment finding, or other requirement, implementing any new or substantially altered program, or denying any permit, and for other purposes."}
| 1,253 | 373 | 0.753955 | 2.498047 | 0.877881 | 4.011905 | 3.449405 | 0.934524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business International Trade
Enhancements Act of 2007''.
SEC. 2. SMALL BUSINESS ADMINISTRATION ASSOCIATE ADMINISTRATOR FOR
INTERNATIONAL TRADE.
(a) Establishment.--Section 22(a) of the Small Business Act (15
U.S.C. 649(a)) is amended by adding at the end the following: ``The
head of the Office shall be the Associate Administrator for
International Trade, who shall be responsible to the Administrator.''.
(b) Authority for Additional Associate Administrator.--Section
4(b)(1) of the Small Business Act (15 U.S.C. 633(b)(1)) is amended--
(1) in the fifth sentence, by striking ``five Associate
Administrators'' and inserting ``Associate Administrators'';
and
(2) by adding at the end the following: ``One of the
Associate Administrators shall be the Associate Administrator
for International Trade, who shall be the head of the Office of
International Trade established under section 22.''.
(c) Discharge of Administration International Trade
Responsibilities.--Section 22 of the Small Business Act (15 U.S.C. 649)
is amended by adding at the end the following:
``(h) Discharge of Administration International Trade
Responsibilities.--The Administrator shall ensure that--
``(1) the responsibilities of the Administration regarding
international trade are carried out through the Associate
Administrator for International Trade;
``(2) the Associate Administrator for International Trade
has sufficient resources to carry out such responsibilities;
and
``(3) the Associate Administrator for International Trade
has direct supervision and control over the staff of the Office
of International Trade, and over any employee of the
Administration whose principal duty station is a United States
Export Assistance Center or any successor entity.''.
(d) Role of Associate Administrator in Carrying Out International
Trade Policy.--Section 2(b)(1) of the Small Business Act (15 U.S.C.
631(b)(1)) is amended in the matter preceding subparagraph (A)--
(1) by inserting ``the Administrator of'' before ``the
Small Business Administration''; and
(2) by inserting ``through the Associate Administrator for
International Trade, and'' before ``in cooperation with''.
(e) Technical Amendment.--Section 22(c)(5) of the Small Business
Act (15 U.S.C. 649(c)(5)) is amended by striking the period at the end
and inserting a semicolon.
(f) Effective Date.--Not later than 90 days after the date of
enactment of this Act, the Administrator of the Small Business
Administration shall appoint an Associate Administrator for
International Trade under section 22 of the Small Business Act (15
U.S.C. 649), as amended by this section.
SEC. 3. OFFICE OF INTERNATIONAL TRADE.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
(1) by striking ``sec. 22. (a) There'' and inserting the
following:
``SEC. 22. OFFICE OF INTERNATIONAL TRADE.
``(a) Establishment.--There'';
(2) in subsection (a), by inserting ``(referred to in this
section as the `Office'),'' after ``Trade'';
(3) in subsection (b)--
(A) by striking ``The Office'' and inserting the
following:
``(b) Trade Distribution Network.--The Office, including United
States Export Assistance Centers (referred to as `one-stop shops' in
section 2301(b)(8) of the Omnibus Trade and Competitiveness Act of 1988
(15 U.S.C. 4721(b)(8)) and as `export centers' in this section)''; and
(B) by amending paragraph (1) to read as follows:
``(1) assist in maintaining a distribution network using
regional and local offices of the Administration, the small
business development center network, the women's business
center network, and export centers for--
``(A) trade promotion;
``(B) trade finance;
``(C) trade adjustment;
``(D) trade remedy assistance; and
``(E) trade data collection.'';
(4) in subsection (c)--
(A) by redesignating paragraphs (1) through (8) as
paragraphs (2) through (9), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) establish annual goals for the Office relating to--
``(A) enhancing the exporting capability of small
business concerns and small manufacturers;
``(B) facilitating technology transfers;
``(C) enhancing programs and services to assist
small business concerns and small manufacturers to
compete effectively and efficiently against foreign
entities;
``(D) increasing the access to capital by small
business concerns;
``(E) disseminating information concerning Federal,
State, and private programs and initiatives; and
``(F) ensuring that the interests of small business
concerns are adequately represented in trade
negotiations;'';
(C) in paragraph (2), as so redesignated, by
striking ``mechanism for'' and all that follows through
``(D)'' and inserting the following: ``mechanism for--
``(A) identifying subsectors of the small business
community with strong export potential;
``(B) identifying areas of demand in foreign
markets;
``(C) prescreening foreign buyers for commercial
and credit purposes; and
``(D)''; and
(D) in paragraph (9), as so redesignated--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``full-time export
development specialists to each
Administration regional office and
assigning''; and
(II) by striking ``office. Such
specialists'' and inserting ``office
and providing each Administration
regional office with a full-time export
development specialist, who'';
(ii) in subparagraph (D), by striking
``and'' at the end;
(iii) in subparagraph (E), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(F) participate jointly with employees of the
Office in an annual training program that focuses on
current small business needs for exporting; and
``(G) jointly develop and conduct training programs
for exporters and lenders in cooperation with the
United States Export Assistance Centers, the Department
of Commerce, small business development centers, and
other relevant Federal agencies.'';
(5) in subsection (d)--
(A) by inserting ``Export Financing Programs.--''
after ``(d)'';
(B) by redesignating paragraphs (1) through (5) as
clauses (i) through (v), respectively, and adjusting
the margins accordingly;
(C) by striking ``The Office shall work in
cooperation'' and inserting the following:
``(1) In general.--The Office shall work in cooperation'';
and
(D) by striking ``To accomplish this goal, the
Office shall work'' and inserting the following:
``(2) Trade financial specialist.--To accomplish the goal
established under paragraph (1), the Office shall--
``(A) designate at least 1 individual within the
Administration as a trade financial specialist to
oversee international loan programs and assist
Administration employees with trade finance issues; and
``(B) work'';
(6) in subsection (e), by inserting ``Trade Remedies.--''
after ``(e)'';
(7) by amending subsection (f) to read as follows:
``(f) Reporting Requirement.--The Office shall submit an annual
report to the Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives that contains--
``(1) a description of the progress of the Office in
implementing the requirements of this section;
``(2) the destinations of travel by Office staff and
benefits to the Administration and to small business concerns
therefrom; and
``(3) a description of the participation by the Office in
trade negotiations.'';
(8) in subsection (g), by inserting ``Studies.--'' after
``(g)''; and
(9) by adding at the end the following:
``(i) Export Assistance Centers.--
``(1) In general.--During the period beginning on October
1, 2006, and ending on September 30, 2009, the Administrator
shall ensure that the number of full-time equivalent employees
of the Office assigned to the one-stop shops referred to in
section 2301(b) of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4721 (b)) is not less than the number of such
employees so assigned on January 1, 2003.
``(2) Priority of placement.--Priority shall be given, to
the maximum extent practicable, to placing employees of the
Administration at any Export Assistance Center that--
``(A) had an Administration employee assigned to
such Center before January 2003; and
``(B) has not had an Administration employee
assigned to such Center during the period beginning
January 2003, and ending on the date of enactment of
this subsection, either through retirement or
reassignment.
``(3) Needs of exporters.--The Administrator shall, to the
maximum extent practicable, strategically assign Administration
employees to Export Assistance Centers, based on the needs of
exporters.
``(4) Goals.--The Office shall work with the Department of
Commerce and the Export-Import Bank to establish shared annual
goals for the Export Centers.
``(5) Oversight.--The Office shall designate an individual
within the Administration to oversee all activities conducted
by Administration employees assigned to Export Centers.''.
SEC. 4. INTERNATIONAL TRADE LOANS.
(a) In General.--Section 7(a)(3)(B) of the Small Business Act (15
U.S.C. 636(a)(3)(B)) is amended by striking ``$1,750,000, of which not
more than $1,250,000'' and inserting ``$2,750,000 (or if the gross loan
amount would exceed $3,670,000), of which not more than $2,000,000''.
(b) Working Capital.--Section 7(a)(16)(A) of the Small Business Act
(15 U.S.C. 636(a)(16)(A)) is amended--
(1) in the matter preceding clause (i), by striking ``in--
'' and inserting ``--'';
(2) in clause (i)--
(A) by inserting ``in'' after ``(i)''; and
(B) by striking ``or'' at the end;
(3) in clause (ii)--
(A) by inserting ``in'' after ``(ii)''; and
(B) by striking the period and inserting ``; or'';
and
(4) by adding at the end the following:
``(iii) by providing working capital.''.
(c) Collateral.--Section 7(a)(16)(B) of the Small Business Act (15
U.S.C. 636(a)(16)(B)) is amended--
(1) by striking ``Each loan'' and inserting the following:
``(i) In general.--Except as provided in
clause (ii), each loan''; and
(2) by adding at the end the following:
``(ii) Exception.--A loan under this
paragraph may be secured by a second lien
position on the property or equipment financed
by the loan or on other assets of the small
business concern, if the Administrator
determines such lien provides adequate
assurance of the payment of such loan.''.
(d) Refinancing.--Section 7(a)(16)(A)(ii) of the Small Business Act
(15 U.S.C. 636(a)(16)(A)(ii)), as amended by this section, is amended
by inserting ``, including any debt that qualifies for refinancing
under any other provision of this subsection'' before the semicolon.
|
Small Business International Trade Enhancements Act of 2007 - Amends the Small Business Act to establish an Associate Administrator for International Trade as the head of the Office of International Trade of the Small Business Administration (SBA), who shall be responsible for international trade policy. Grants the SBA Administrator the authority to appoint additional Associate Administrators.
Requires United States Export Assistance Centers (export centers/one-stop shops) to aid the Office in maintaining a trade distribution network for trade promotion and trade assistance for small businesses. Requires the Office to establish annual goals to enhance the export capabilities of small businesses and small manufacturers to compete against foreign entities.
Directs the Office, in order to provide small businesses access to certain export financing programs, to appoint at least one trade financial specialist within the SBA to oversee international loan programs and assist SBA employees with trade finance issues.
Directs the SBA Administrator to ensure that the number of full-time equivalent Office employees assigned to one-stop shops for U.S. exporters is at least the number that were assigned on January 1, 2003.
Increases: (1) the total outstanding amount of an international trade loan guaranteed by the SBA under the Export Working Capital Program; (2) the maximum amount of an international trade loan; and (3) the maximum amount available for export working capital, supplies, or financing. Allows such loan to be secured by a second lien position on the property or equipment financed by the loan or on other assets of the small business concern. (Currently, a first lien position or first mortgage on the property, equipment, or other business assets is required.)
|
{"src": "billsum_train", "title": "A bill to amend the Small Business Act to improve the Office of International Trade, and for other purposes."}
| 2,789 | 341 | 0.597085 | 1.789013 | 0.783172 | 2.818471 | 7.863057 | 0.882166 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorism Risk Insurance Program
Extension Act of 2004''.
SEC. 2. PROGRAM YEARS.
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.
``(G) Final program year.--The term `Final Program
Year' means the period beginning on January, 1, 2008
and ending on December 31, 2008.''.
SEC. 3. APPLICABILITY OF PROGRAM TO FINAL PROGRAM YEAR.
Paragraph (5) of section 102 of the Terrorism Risk Insurance Act of
2002 (15 U.S.C. 6701 note) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii) and realigning such paragraphs, as so
redesignated, so as to be indented 6 ems from the left margin;
(2) by striking all of the matter that precedes
subparagraph (A) and inserting the following:
``(5) Insured loss.--
``(A) In general.--The term `insured loss' means
any loss resulting from an act of terrorism (including
an act of war, in the case of workers' compensation)
that is covered by primary or excess property and
casualty insurance issued by an insurer if such loss--
''; and
(3) by adding at the end the following new subparagraph:
``(B) Final program year.--With respect to the
Final Program Year, such term means only such losses as
are described in subparagraph (A) that are covered by
primary or excess property and casualty insurance
that--
``(i) is issued before January 1, 2008; and
``(ii) expires not later than December 31,
2008.''.
SEC. 4. 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 striking subparagraph (D) and inserting the
following new subparagraph:
``(D) for Program Years 3, 4, and 5, the value of
an insurer's direct earned premiums over the calendar
year immediately preceding such Program Year,
multiplied by 15 percent;'';
(2) in subparagraph (E)--
(A) by striking ``or Program Year 3'' and inserting
``Program Year 3, Program Year 4, or Program Year 5'';
and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) 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
paragraph (5)(B) as of the occurrence of the act of
terrorism during such Year that results in insured
losses, as determined by the Secretary, multiplied by
15 percent.''.
SEC. 5. 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 period beginning on the
first day of the Transition Period and ending on the last day of
Program Year 5, 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.
SEC. 6. 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''; and
(3) in paragraph (6)(C), by striking ``Program Year 3'' and
inserting ``each of Program Year 3, Program Year 4, Program
Year 5, and the Final Program Year''.
SEC. 7. COVERAGE OF GROUP LIFE INSURANCE.
(a) In General.--Section 102(5) 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 insurance'' after
``property and casualty insurance''.
(b) Technical and Conforming Amendments.--The Terrorism Risk
Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--
(1) in section 102(1)(B)(ii), by inserting ``and group life
insurance'' after ``property and casualty insurance'';
(2) in section102(4), by inserting ``or group life
insurance'' after ``property and casualty insurance'';
(3) in section 102(6)(B), by inserting ``or group life
insurance coverage'' after ``property and casualty insurance
coverage'';
(4) in section 102(12)(B)(v), by striking ``including group
life insurance'' and inserting ``(except that this exclusion
from the definition under this paragraph shall not be construed
as affecting the inclusion of group life insurance coverage
within the Program under this title)'';
(5) in section 103(e)(8)(A)(i), by inserting ``and group
life insurance policies'' after ``property and casualty
insurance policies'';
(6) in subparagraphs (A)(iii) and (C) of section 103(e)(8),
by inserting ``, or group life insurance coverage, as the case
may be,'' after ``property and casualty insurance coverage'';
(7) in section 103--
(A) by striking subsection (h); and
(B) by redesignating subsection (i) as subsection
(h); and
(8) in paragraph (1) of section 108(d), by inserting ``and
the group life insurance industry'' after ``property and
casualty insurance industry'' .
SEC. 8. TERMINATION OF PROGRAM.
Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C.
6701 note) is amended--
(1) in subsection (a), striking ``December 31, 2005'' and
inserting ``December 31, 2008''; and
(2) in subsection (d), 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.''.
|
Terrorism Risk Insurance Program Extension Act of 2004 - Amends the Terrorism Risk Insurance Act of 2002 to extend the terrorism risk insurance program through December 31, 2008.
Restricts "insured loss" with respect to the Final Program Year to certain losses covered by property and casualty insurance issued before January 1, 2008, and expiring not later than December 31, 2008.
Sets forth an insurer deductible that is the value of an insurer's direct earned premiums multiplied by 15 percent for Program Years 3, 4, and 5, and for the Final Program Year.
Redefines "insured loss" to include group life insurance coverage.
|
{"src": "billsum_train", "title": "To extend the terrorism risk insurance program."}
| 1,769 | 138 | 0.651866 | 1.837533 | 0.684022 | 3.908333 | 12.983333 | 0.875 |
SECTION 1. AMENDMENTS TO FUNDING AVAILABLE TO THE SMALL BUSINESS
ADMINISTRATION TO MAKE SECTION 7(A) LOANS.
(a) Section 7(a) Loan Funding Levels.--The third proviso under the
heading ``Small Business Administration--Business Loans Program
Account'' in title V of division E of the Consolidated and Further
Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat.
2371) is amended by striking ``$18,750,000,000'' and inserting
``$23,500,000,000''.
(b) Loan Limitations.--Section 7(a)(1) of the Small Business Act
(15 U.S.C. 636(a)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``No financial assistance'' and
inserting the following:
``(i) In general.--No financial
assistance''; and
(B) by adding at the end the following:
``(ii) Liquidity.--On and after October 1,
2015, the Administrator may not guarantee a
loan under this subsection if the lender
determines that the borrower is unable to
obtain credit elsewhere solely because the
liquidity of the lender depends upon the
guaranteed portion of the loan being sold on
the secondary market.''; and
(2) by adding at the end the following:
``(C) Lending limits of lenders.--On and after
October 1, 2015, the Administrator may not guarantee a
loan under this subsection if the sole purpose for
requesting the guarantee is to allow the lender to
exceed the legal lending limit of the lender.''.
(c) Reporting.--
(1) Definitions.--In this subsection--
(A) the term ``Administrator'' means the
Administrator of the Small Business Administration;
(B) the term ``business loan'' means a loan made or
guaranteed under section 7(a) of the Small Business Act
(15 U.S.C. 636(a));
(C) the term ``cancellation'' means that the
Administrator approves a proposed business loan, but
the prospective borrower determines not to take the
business loan; and
(D) the term ``net dollar amount of business
loans'' means the difference between the total dollar
amount of business loans and the total dollar amount of
cancellations.
(2) Requirement.--During the 3-year period beginning on the
date of enactment of this Act, the Administrator shall submit
to Committee on Small Business and Entrepreneurship and the
Committee on Appropriations of the Senate and the Committee on
Small Business and the Committee on Appropriations of the House
of Representatives a quarterly report regarding the loan
programs carried out under section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), which shall include--
(A) for the fiscal year during which the report is
submitted and the 3 fiscal years before such fiscal
year--
(i) the weekly total dollar amount of
business loans;
(ii) the weekly total dollar amount of
cancellations; and
(iii) the weekly net dollar amount of
business loans--
(I) for all business loans; and
(II) for each category of loan
amount described in clause (i), (ii),
or (iii) of section 7(a)(18) of the
Small Business Act (15 U.S.C.
636(a)(18));
(B) for the fiscal year during which the report is
submitted--
(i) the amount of remaining authority for
business loans, in dollar amount and as a
percentage; and
(ii) estimates of the date on which the net
dollar amount of business loans will reach the
maximum for such business loans based on daily
net lending volume and extrapolations based on
year-to-date net lending volume, quarterly net
lending volume, and quarterly growth trends;
(C) the number of early defaults (as determined by
the Administrator) during the quarter covered by the
report;
(D) the total amount paid by borrowers in early
default during the quarter covered by the report, as of
the time of purchase of the guarantee;
(E) the number of borrowers in early default that
are franchisees;
(F) the total amount of guarantees purchased by the
Administrator during the quarter covered by the report;
and
(G) a description of the actions the Administrator
is taking to combat early defaults administratively and
any legislative action the Administrator recommends to
address early defaults.
|
This bill amends the Consolidated and Further Continuing Appropriations Act, 2015 to increase from $18.75 billion to $23.5 billion the FY2015 funding available to the Small Business Administration (SBA) for general business loans authorized under section 7(a) of the Small Business Act. The bill prohibits the SBA from guaranteeing a loan on and after October 1, 2015, if: the lender determines that the borrower is unable to obtain credit elsewhere solely because the lender's liquidity depends upon the guaranteed portion of the loan being sold on the secondary market, or the sole purpose for requesting the guarantee is to allow the lender to exceed its legal lending limit. The bill also requires the SBA to submit quarterly reports to Congress regarding the loan programs carried out under this section.
|
{"src": "billsum_train", "title": "To amend the Consolidated and Further Continuing Appropriations Act, 2015 with respect to funding available for fiscal year 2015 for certain general business loans authorized under the Small Business Act, to amend the Small Business Act to modify loan limitations, and for other purposes."}
| 1,002 | 168 | 0.648646 | 1.929327 | 0.771686 | 3.605442 | 6.040816 | 0.802721 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Benefits to Research and American
Innovation through Nationality Statutes Act of 2012'' or the ``BRAINS
Act''.
SEC. 2. IMMIGRANT VISAS FOR CERTAIN ADVANCED STEM GRADUATES.
(a) Advanced Stem Graduates.--Section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Advanced graduates in science, technology,
engineering and mathematics.--
``(A) In general.--Notwithstanding section 201,
visas shall be made available, in a number not to
exceed 55,000, to qualified immigrants who--
``(i) possess a graduate degree at the
level of master's or higher in a field of
science, technology, engineering, or
mathematics from a United States research
institution of higher education;
``(ii) earned a graduate degree by taking
no greater than 25 percent of classes by
correspondence (including courses offered by
telecommunications) and by taking all classes
while physically present in the United States;
``(iii) have an offer of employment from a
United States employer in a field related to
such degree;
``(iv) are the subject of an approved labor
certification as required under section
212(a)(5)(A); and
``(v) will receive a wage level from the
employer that is at least the actual wage level
paid by the employer to all other individuals
with similar experience and qualifications for
the specific employment in question.
``(B) Definitions.--In this paragraph:
``(i) Field of science, technology,
engeering, or mathematics.--The term `field of
science, technology, engineering, or
mathematics' means a field included in the
Department of Education's Classification of
Instructional Programs taxonomy within the
summary groups of computer and information
sciences and support services, engineering,
mathematics and statistics, and physical
sciences.
``(ii) United states research institution
of higher education.--The term `United States
research institution of higher education' means
an institution in the United States that--
``(I) is described in section
101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a));
``(II) is classified by the
Director of the National Science
Foundation as a research institution or
as otherwise excelling at instruction
in a field of science, technology,
engineering, or mathematics;
``(III) has been in existence for
at least 10 years;
``(IV) does not provide any
commission, bonus, or other incentive
payment based directly or indirectly on
success in securing enrollments or
financial aid to any persons or
entities engaged in any recruitment or
admission activities for nonimmigrant
students or in making decisions
regarding the award of student
financial assistance to nonimmigrant
students;
``(V) is accredited by an
accrediting agency recognized by the
Secretary of Education; and
``(VI) is not operating for
profit.''.
(b) Unused Visas; Limitation to Foreign States.--
(1) Unused visas.--Section 203(b)(1) of such Act (8 U.S.C.
1153(b)(1)) is amended by striking ``(4) and (5)'' and
inserting ``(4), (5) and (6)''.
(2) Limitation to any single foreign state.--Section
202(a)(5)(A) of such Act (8 U.S.C. 1152(a)(5)(A)) is amended by
striking ``or (5)'' and inserting ``(5), or (6)''.
(c) Procedure for Granting Immigrant Status.--Section 204(a)(1)(F)
of such Act (8 U.S.C. 1154(a)(1)(F)) is amended--
(1) by striking ``or 203(b)(3)'' and inserting ``203(b)(3),
or 203(b)(6)''; and
(2) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''.
(d) Labor Certification and Qualification for Certain Immigrants.--
Section 212(a)(5) of such Act (8 U.S.C. 1182(a)(5)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii)--
(i) in subclause (I), by striking ``, or''
at the end and inserting a semicolon;
(ii) in subclause (II), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(III) holds a doctorate degree in
a field of science, technology,
engineering, or mathematics (as defined
in section 203(b)(6)(B)(i)) from a
United States research institution of
higher education (as defined in section
203(b)(6)(B)(ii)).'';
(B) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(C) by inserting after clause (ii) the following:
``(iii) Job order.--
``(I) In general.--An employer who
files an application under clause (i)
shall submit a job order for the labor
the alien seeks to perform to the State
workforce agency in the State in which
the alien seeks to perform the labor.
The State workforce agency shall post
the job order on its official agency
website for a minimum of 30 days and
not later than 3 days after receipt
using the employment statistics system
authorized under section 15 of the
Wagner-Peyser Act (29 U.S.C. 49 et
seq.).
``(II) Links.--The Secretary of
Labor shall include links to the
official websites of all State
workforce agencies on a single webpage
of the official website of the
Department of Labor.''; and
(2) in subparagraph (D), by striking ``(2) or (3)'' and
inserting ``(2), (3), or (6)''.
(e) Further Protecting American Workers.--Section 212(p) of such
Act (8 U.S.C. 1182(p)) is amended by adding at the end the following:
``(5) To satisfy the requirement under section
203(b)(6)(A)(iv), an employer must demonstrate that the total
amount of compensation to be paid to the alien (including
health insurance, stock options, and other benefits provided by
the employer) must meet or exceed the total amount of
compensation paid by the employer to all other employees with
similar experience and qualifications working in the same
occupational classification.''.
(f) GAO Study.--Not later than June 30, 2017, the Comptroller
General of the United States shall provide to the Congress the results
of a study on the use by the National Science Foundation of the
classification authority provided under section 203(b)(6)(B)(ii)(II) of
the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)(B)(ii)(II)),
as added by this section.
(g) Public Information.--The Secretary of Homeland Security shall
make available to the public on the official website of the Department
of Homeland Security, and shall update not less than monthly, the
following information (which shall be organized according to month and
fiscal year) with respect to aliens granted status under section
203(b)(6) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)),
as added by this section:
(1) The name, city, and State of each employer who
petitioned pursuant to either of such paragraphs on behalf of
one or more aliens who were granted status in the month and
fiscal year to date.
(2) The number of aliens granted status under either of
such paragraphs in the month and fiscal year to date based upon
a petition filed by such employer.
(3) The occupations for which such alien or aliens were
sought by such employer and the job titles listed by such
employer on the petition.
(h) Effective Date; Sunset.--
(1) Effective date.--The amendments made by this section
shall take effect on October 1, 2012, and shall apply with
respect to fiscal years beginning on or after such date.
(2) Sunset.--The amendments made by subsections (a) through
(e) shall be repealed after the 2-year period beginning on the
date of the enactment of this Act.
SEC. 3. STUDENT VISA REFORM.
(a) In General.--Section 101(a)(15)(F)(i) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking
``an alien having a residence in a foreign country which he has no
intention of abandoning, who is a bona fide student qualified to pursue
a full course of study and who'' and inserting ``an alien who is a bona
fide student qualified to pursue a full course of study, who (except
for a student qualified to pursue a full course of study in a field of
science, technology, engineering, or mathematics (as defined in section
203(b)(6)(B)(i)) at an institution of higher education) has a residence
in a foreign country which the alien has no intention of abandoning,
and who''.
(b) Conforming Amendments.--
(1) Section 214(b) of the Immigration and Nationality Act
(8 U.S.C. 1184(b)) is amended by striking ``(other than a
nonimmigrant'' and inserting ``(other than a nonimmigrant
described in section 101(a)(15)(F) if the alien is qualified to
pursue a full course of study in a field of science,
technology, engineering, or mathematics (as defined in section
203(b)(6)(B)(i)) at an institution of higher education, other
than a nonimmigrant''.
(2) Section 214(h) of the Immigration and Nationality Act
(8 U.S.C. 1184(h)) is amended by inserting ``(F) (if the alien
is qualified to pursue a full course of study in a field of
science, technology, engineering, or mathematics (as defined in
section 203(b)(6)(B)(i)) at an institution of higher
education),'' before ``H(i)(b)''.
SEC. 4. VISA REVALIDATION.
Section 222 of the Immigration and Nationality Act (8 U.S.C. 1202)
is amended--
(1) in subsection (h), in the matter preceding paragraph
(1), by inserting ``except as provided under subsection (i),''
after ``Act,''; and
(2) by adding at the end the following:
``(i) Visa Revalidation.--The Secretary of State shall permit an
alien granted a nonimmigrant visa under subparagraph (E), (H), (I),
(L), (O), or (P) of section 101(a)(15) to apply for a renewal of such
visa within the United States if--
``(1) such visa expired during the 12-month period ending
on the date of such application;
``(2) the alien is seeking a nonimmigrant visa under the
same subparagraph under which the alien had previously received
a visa; and
``(3) the alien has complied with the immigration laws of
the United States.''.
SEC. 5. AGE-OUT PROTECTIONS FOR CHILDREN.
Section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
1101(b)) is amended by adding at the end the following--
``(H) Rules for determining age of a child.--
``(i) Immigrant petitions.--Notwithstanding
any other provision of the Act, a determination
of whether an alien is a child for the purposes
of a petition under sections 204 and 209 shall
be made using the age of the alien on the date
on which the petition is filed with the
Secretary of Homeland Security.
``(ii) Child of u.s. citizen fiance.--A
determination of whether an alien is a child
for the purposes of a petition under section
214 or an application for adjustment of status
under section 245(d) shall be made using the
age of the alien on the date on which the
petition is filed with the Secretary of
Homeland Security to classify the alien's
parent as the fiance of a U.S. citizen.''.
SEC. 6. RETENTION OF PRIORITY DATES.
(a) In General.--Section 203(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1153(h)(3)) is amended to read follows:
``(3) Retention of priority date.--If the age of an alien
is determined under paragraph (1) to be 21 years of age or
older for the purposes of subsections (a)(2)(A) and (d), and a
parent of the alien files a petition under section 204 for
classification of such alien based upon a relationship
described in subsection (a), the priority date for such
petition shall be the original priority date issued upon
receipt of the original family-based or employment-based
petition for which either parent was a beneficiary.''.
(b) Permanent Priority Dates.--Section 203 of the Immigration and
Nationality Act (8 U.S.C. 1153) is amended by adding at the end the
following:
``(i) Permanent Priority Dates.--
``(1) In general.--Subject to subsection (h)(3) and
paragraph (2), the priority date for any petition shall be the
date of filing of the petition with the Secretary of Homeland
Security (or the Secretary of State, if applicable), unless the
filing of the petition was preceded by the filing of a labor
certification with the Secretary of Labor, in which case that
date shall constitute the priority date.
``(2) Subsequent petitions.--Subject to subsection (h)(3),
an alien who is the beneficiary of any petition that was
approvable when filed (including self-petitioners) shall retain
the priority date assigned with respect to that petition in the
consideration of any subsequently filed petition (including
self-petitions) of which the alien is a beneficiary.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on the date of the enactment of this Act and shall
apply to any alien who is a beneficiary of a classification petition
pending on or after such date.
SEC. 7. NUCLEAR FAMILY REUNIFICATIONS FOR HIGH-SKILLED WORKERS.
Notwithstanding any other numerical limitation in law, the number
of immigrant visas available to the spouse of an alien lawfully
admitted for permanent residence pursuant to section 203(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) shall be
increased in each fiscal year by the number of aliens who were lawfully
admitted for permanent residence that were removed from the United
States in the preceding fiscal year.
|
Benefits to Research and American Innovation through Nationality Statutes Act of 2012 or the BRAINS Act - Amends the Immigration and Nationality Act to make up to 55,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) earned a graduate degree by taking no greater than 25% of classes by correspondence (including courses offered by telecommunications) and by taking all classes while physically present in the United States; (3) have an employment offer from a U.S. employer in a field related to such degree; (4) are the subject of an approved labor certification; and (5) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question.
Makes unused STEM visas available for other employment-based visa categories.
Requires: (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency, (2) such agency to post the position on its website for at least 30 days, and (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification.
Requires the Department of Homeland Security (DHS) to make available on its website specified information regarding foreign STEM employers, the number of aliens granted STEM status, and their occupations.
Repeals such STEM and related provisions two years after enactment of this Act.
Eliminates the foreign residency requirement for certain foreign students.
Authorizes temporary workers (E, H, I, L O, or P visas) who have not violated their status to renew their same category visa from within the United States.
States that a determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant shall be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen.
States that the permanent priority date for an immigrant visa petition shall be the date on which the petition is filed with DHS (or the Secretary of State, if applicable), unless such filing was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date.
States that an alien who is the beneficiary of any petition that was approvable when filed shall retain such petition's priority date in the consideration of any subsequently filed petition of which the alien is a beneficiary.
Increases the number of immigrant visas available to the spouses of aliens lawfully admitted for permanent residence in each fiscal year by the number of aliens who were lawfully admitted for permanent residence who were removed from the United States in the preceding fiscal year.
|
{"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act to enhance national security, combat illegal immigration, and promote job creation, innovation, investment, and research in the United States, and for other purposes."}
| 3,504 | 729 | 0.65384 | 1.928185 | 0.7475 | 4.504615 | 4.595385 | 0.941538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student, Teachers, and Officers
Preventing School Violence Act of 2018'' or the ``STOP School Violence
Act of 2018''.
SEC. 2. GRANT PROGRAM FOR SCHOOL SECURITY.
Part AA of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10551 et seq.) is amended--
(1) in section 2701 (34 U.S.C. 10551)--
(A) in subsection (a)--
(i) by striking ``Director of the Office of
Community Oriented Policing Services'' and
inserting ``Director of the Bureau of Justice
Assistance''; and
(ii) by striking ``including the placement
and use of metal detectors and other deterrent
measures'' and inserting ``through evidence-
based strategies and programs to prevent
violence, which may include the use of
appropriate technologies, including the
placement and use of metal detectors and other
deterrent measure and emergency notification
and response technologies'';
(B) in subsection (b)--
(i) in the matter preceding paragraph (1),
by inserting after ``through'' the following:
``evidence-based school safety programs that
may include''; and
(ii) by striking paragraphs (1) through (6)
and inserting the following:
``(1) Training to prevent student violence against others
and self, including training for local law enforcement
officers, school personnel, and students.
``(2) The development and operation of anonymous reporting
systems for threats of school violence, including mobile
telephone applications, hotlines, and internet websites.
``(3) The development and operation of--
``(A) school threat assessment and intervention
teams that may include coordination with law
enforcement agencies and school personnel; and
``(B) specialized training for school officials in
responding to mental health crises.
``(4) Coordination with local law enforcement.
``(5) Placement and use of metal detectors, locks,
lighting, and other deterrent measures.
``(6) Security assessments.
``(7) Security training of personnel and students.
``(8) Subgrants to State or local law enforcement agencies,
schools, school districts, nonprofit organizations, or Indian
tribal organizations to implement grants awarded under this
section.
``(9) Acquisition and installation of technology for
expedited notification of local law enforcement during an
emergency.
``(10) Any other measure that, in the determination of the
Director, may provide a significant improvement in security.'';
(C) in subsection (c)--
(i) by striking ``and has'' and inserting
``has''; and
(ii) by inserting before the period at the
end the following: ``, and will use evidence-
based strategies and programs, such as those
identified by the Comprehensive School Safety
Initiative of the Department of Justice''; and
(D) in subsection (d)(1), by striking ``50
percent'' and inserting ``75 percent'';
(2) in section 2702 (34 U.S.C. 10552)--
(A) in subsection (a)(2), in the matter preceding
subparagraph (A), by striking ``child psychologists''
and inserting ``mental health professionals''; and
(B) in subsection (b), by striking ``this part''
and inserting ``the STOP School Violence Act of 2018'';
(3) in section 2704(1) (34 U.S.C. 10554(1)), by striking
``a public'' and inserting ``an'';
(4) in section 2705, by striking ``$30,000,000 for each of
fiscal years 2001 through 2009'' and inserting ``$75,000,000
for each of fiscal years 2019 through 2028, of which not less
than $50,000,000 shall be available in each such fiscal year
for grants for the activities described in paragraphs (1) and
(4) of section 2701(b)''; and
(5) by adding at the end the following:
``SEC. 2706. RULES OF CONSTRUCTION.
``(a) No Funds To Provide Firearms or Training.--No amounts
provided as a grant under this part may be used for the provision to
any person of a firearm or training in the use of a firearm.
``(b) No Effect on Other Laws.--Nothing in this part may be
construed to preclude or contradict any other provision of law
authorizing the provision of firearms or training in the use of
firearms.''.
Passed the House of Representatives March 14, 2018.
Attest:
KAREN L. HAAS,
Clerk.
|
Student, Teachers, and Officers Preventing School Violence Act of 2018 or the STOP School Violence Act of 2018 This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to revise and reauthorize through FY2028 the Secure Our Schools grant program. This grant program provides grants to states, local governments, and Indian tribes to improve security, including the placement and use of metal detectors and other deterrent measures, at schools and on school grounds.
|
{"src": "billsum_train", "title": "Student, Teachers, and Officers Preventing School Violence Act of 2018"}
| 1,041 | 103 | 0.626402 | 1.576075 | 0.889005 | 3.345238 | 11.559524 | 0.845238 |
SECTION 1. QUALIFIED ENERGY EFFICIENCY PROPERTY ELIGIBLE FOR ENERGY
CREDIT AND GRANTS.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 is amended by striking ``or'' at the end
of clause (vi), by adding ``or'' at the end of clause (vii), and by
inserting after clause (vii) the following new clause:
``(viii) qualified energy efficiency
property,''.
(b) Energy Percentage.--Clause (i) of section 48(a)(2)(A) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of subclause (III) and by inserting after subclause (IV) the following
new subclause:
``(V) qualified energy efficiency
property described in paragraph
(3)(A)(viii), and''.
(c) Qualified Energy Efficiency Property.--Section 48(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(5) Qualified energy efficiency property.--
``(A) In general.--The term `qualified energy
efficiency property' means any property--
``(i) which is residential rental property,
nonresidential real property, or mixed use real
property,
``(ii) which is a qualified building,
``(iii) which achieves a minimum energy
savings of 50 percent or more in comparison to
a reference building which meets the minimum
requirements of Standard 90.1-2001 (as defined
by section 179D(c)(2)), determined under rules
similar to the rules of section 179D(d)(2),
``(iv) in the case of property which is to
be used for residential rental purposes, with
respect to which the taxpayer makes a
certification which meets the requirements of
subparagraph (D), and
``(v) for which the taxpayer has received a
reservation from the Secretary.
``(B) Qualified building.--The term `qualified
building' means any building--
``(i) which--
``(I) is more than 150,000 square
feet and has a floor area ratio (net of
streets and public spaces) of not less
than 3.0, or
``(II) in States with more than 35
percent of the population living in
Census defined rural areas, is more
than 50,000 square feet,
``(ii) which--
``(I) is located not more than one-
half mile from a location in which
there is direct access to a Fixed
Guideway Transit System, or
``(II) in States with more than 35
percent of the population living in
Census defined rural areas, is part of
a rural town center redevelopment
project on land previously occupied by
residential, commercial, or industrial
uses and within a Census defined place
containing at least 5,000 people and
1,000 jobs, and
``(iii) for which the site work and
construction is commenced not later than 36
months after the date of the enactment of this
paragraph.
``(C) Special rule for residential rental
property.--In the case of a qualified building in which
the majority of the building is devoted to residential
rental use--
``(i) subparagraph (A)(iii) shall be
applied by substituting `25 percent' for `50
percent', and
``(ii) any mechanical systems which meet
the requirements of Standard 90.1-2001 may be
used in lieu of appendix G to such Standard in
modeling energy use of a reference building.
``(D) Affordable housing requirements.--
``(i) In general.--A certification meets
the requirements of this subparagraph if the
taxpayer certifies that at least 5 percent of
residential rental units will be affordable to
households with incomes not exceeding 60
percent of the area median income at the time
of initial occupancy.
``(ii) Safe harbor.--A taxpayer shall be
treated as meeting the requirement of clause
(i) if the taxpayer files with the municipal
government where the qualified building is
located a land use restriction agreement or
similar agreement designed to ensure the units
remain affordable to an occupied by households
described in clause (i) for the lesser of 99
years or the longest period permissible under
the law of the State in which such units are
located.
``(E) Reservations.--
``(i) In general.--For purposes of
subparagraph (A)(iv), the Secretary shall issue
a reservation upon receipt of the following:
``(I) Evidence that the project is
designed to be a qualified energy
efficiency property as described in
clause (viii) of section 48(a)(3)(A) of
the Internal Revenue Code of 1986.
``(II) Evidence that such property
will be placed in service within a
reasonable time by submission of a site
plan approval from the local
municipality, a letter of support from
the municipality, a building permit,
and an approved tax abatement agreement
or other municipal financial support.
``(ii) Maintenance of reservation.--To
maintain such a reservation, the applicant must
commence construction within 12 months of the
date such reservation was issued.
``(F) Regulations.--The Secretary shall prescribe
such regulations as necessary to carry out the purposes
of this section not later than 2 months of the date of
the enactment of this paragraph.''.
(d) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
(e) Grants in Lieu of Tax Credits.--
(1) In general.--Subsection (d) of section 1603 of the
American Recovery and Reinvestment Tax Act of 2009 is amended
by inserting after paragraph (8) the following new
subparagraph:
``(9) Qualified energy efficiency property.--Any qualified
energy efficiency property as described in clause (viii) of
section 48(a)(3)(A) of such Code.''.
(2) Grant amount.--Subparagraph (A) of section 1603(b)(2)
of the American Recovery and Reinvestment Tax Act of 2009 is
amended to read as follows:
``(A) 30 percent in the case of any property
described in paragraph (1), (2), (3), (4), or (9) of
subsection (d), and''.
|
Amends the Internal Revenue Code to allow a 30% energy tax credit for qualified energy efficiency property. Defines "qualified energy efficiency property" as property which: (1) is residential rental property, nonresidential real property, or mixed use real property; (2) is a qualified building as defined by this Act; and (3) achieves a specified energy savings.
Amends the American Recovery and Reinvestment Act to allow grants for investment in qualified energy efficiency property in lieu of tax credits.
|
{"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 and section 1603 of the American Recovery and Reinvestment Tax Act of 2009 to provide that qualified energy efficiency property is eligible for the energy credit and the Department of Treasury grant."}
| 1,473 | 103 | 0.565201 | 1.342018 | 0.586495 | 2.894737 | 14.031579 | 0.852632 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Polar Bear Seas Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Americans cherish healthy oceans and wildlife that
marine ecosystems support, and feel a strong moral
responsibility to protect these resources for the benefit of
current and future generations.
(2) The marine ecosystems and coastal habitats of the
Beaufort and Chukchi Seas, along Alaska's northern and
northwestern shores, provide habitat for a large array of
wildlife, including endangered bowhead whales, beluga whales,
polar bears, threatened spectacled eiders, threatened Steller's
eiders, walrus, seals, and fish.
(3) These ecosystems and wildlife they support are vital to
the survival of the subsistence cultures of the Alaska Native
peoples of the North Slope and have been for thousands upon
thousands of years.
(4) There is a wide consensus among scientists that the
Arctic is undergoing dramatic changes due to climate change,
and that these changes are affecting vital sea ice habitat for
a number of species, including polar bears, walrus, and seals.
(5) In January 2007, the United States Fish and Wildlife
Service proposed listing the polar bear (Ursus maritimus) as a
threatened species under the Endangered Species Act of 1973.
The polar bear depends on sea ice as a platform to hunt seals,
its primary food, and projected loss of sea ice due to global
warming was believed to jeopardize polar bears throughout their
range.
(6) On January 9, 2008, the Department of the Interior
missed the legal deadline to make a final rule on whether to
provide Endangered Species Act of 1973 protections to the polar
bear.
(7) On February 6, 2008, the Department of the Interior
moved forward with oil and gas leasing in the Chukchi Sea Lease
Sale 193 area, which contains about 29.4 million acres offshore
Alaska from north of Point Barrow to northwest of Cape
Lisburne, which is polar bear habitat.
(8) On April 19, 2008, a United States District Court Judge
ruled that the Department of the Interior must make a decision
on whether to list the polar bear under the Endangered Species
Act of 1973 by May 15, 2008.
(9) In September 2007, the United States Geological Survey
issued a series of reports that projected changes in future sea
ice conditions, if realized, will result in loss of
approximately \2/3\ of the world's current polar bear
population by the middle of the 21st century and extirpation of
polar bears in Alaska. The agency also concluded that because
the observed trajectory of Arctic sea ice decline appears to be
underestimated by currently available models, this assessment
of future polar bear status may be conservative.
(10) While the major threat to polar bears is global
warming, resulting from continuing emissions of green house
gases, potential oil and gas development in the Beaufort and
Chukchi Seas poses additional risks to polar bears and other
marine life in the Beaufort and Chukchi Seas.
(11) There is currently no effective means to recover
spilled oil in the harsh environment of the Beaufort and
Chukchi Seas, especially during periods of solid and broken
ice.
(12) The Minerals Management Service's 2007-2012 OCS
leasing plan anticipates offering 40 million acres of the
Chukchi Sea for lease and expanding leasing in the Beaufort Sea
to 33 million acres. All of this area overlaps with vital polar
bear habitat.
(13) In the environmental impact statement for the first of
five lease sales planned for the current 5-year OCS leasing
plan in the Arctic Ocean, Lease Sale 193 in the Chukchi Sea,
the Minerals Management Service concludes that the effects of a
large oil spill, particularly during the broken-ice period,
could pose significant risks to the polar bear population, and
that a large oil spill could have significant impacts on other
marine mammals including whales and walruses. In the same
document the agency states that there was a lack of information
on marine mammal ecology, and habitat use.
(14) In addition, onshore industrial development activities
necessary to support offshore oil and gas development can
damage important habitat and cause harmful disturbance of
denning polar bears, and other wildlife.
(15) Because of the threats oil and gas development poses
to subsistence resources, public health, and survival of their
culture, tribal governments, including the Native Village of
Point Hope, the Native Village of Barrow, the Inupiat Community
of the Arctic Slope, and the Alaska Intertribal Council, have
expressed opposition to offshore oil and gas development in the
Beaufort and Chukchi Seas.
SEC. 3. PROHIBITION ON LEASING IN BEAUFORT AND CHUKCHI SEA PLANNING
AREAS.
Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337)
is amended by adding at the end the following:
``(q) Prohibition on Leasing in Beaufort and Chukchi Sea Planning
Areas.--
``(1) The Secretary shall not offer for or approve leasing,
preleasing, or any related activity (including approving any
seismic activity, offering any new lease, or approving an
exploration or development plan) within any area of the Chukchi
or Beaufort Sea marine and coastal ecosystems until-
``(A) the National Research Council--
``(i) identifies missing information on the
composition, distribution, status and ecology
of the living marine resources in the Beaufort
and Chukchi Sea marine and coastal ecosystems
that--
``(I) focuses on the changes caused
and likely to be caused by climate
changes; and
``(II) supports the establishment
of baseline information and the
determination of the potential impacts,
including cumulative impacts, of all
oil- and gas-related activities on
plant and animal species, marine and
coastal environments, and Alaskan
Native communities and their
subsistence activities;
``(ii) reports on the adequacy of ongoing
and completed environmental, public health, and
cultural studies (including ongoing and
completed studies conducted by the Alaska
environmental studies program of the Minerals
Management Service) in providing information
described in clause (i); and
``(iii) submits to Congress a report that--
``(I) identifies missing
information;
``(II) evaluates the adequacy of
ongoing and completed studies; and
``(III) makes recommendations on
any additional studies or research that
are required to provide missing
information identified pursuant to
clause (i);
``(B)(i) the polar bear is listed as an endangered
species or a threatened species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) and
critical habitat is designated for the species; or
``(ii) the Secretary publishes a
determination that such a listing is not
warranted;
``(C) the Secretary--
``(i) performs an oil spill response gap
analysis for proposed and existing arctic oil
operations;
``(ii)(I) using a public process that
includes consultation with local governments,
tribal governments, natural resource managers,
and other stakeholders, sets a standard
required of lessees to ensure that at least 85
percent of the total volume of spilled oil can
be recovered mechanically and removed from the
environment within 30 days after the initial
release in any ice condition or season of the
year;
``(II) demonstrates that the 85 percent
recovery standard can be achieved prior to
issuing any leases, and prior to approving any
seismic exploration, exploration plans, or
development and production plans; and
``(III) requires that the oil spill
response gap for activities under each lease
ensures 85 percent oil recovery in any given
ice condition or season of the year;
``(iii) implements a procedure to close
areas in whole or seasonally to oil and gas
activity because of the existence of a response
gap; and
``(iv) establishes requirements for
installing, operating, and maintaining oil
spill prevention systems, or institutes
operating restrictions to improve safety and
minimize spill risks; and
``(D) the Secretary determines that--
``(i) all recommendations submitted by the
National Research Council report under
subparagraph (A)(iii)(III) are implemented;
``(ii) oil and gas exploration and
development activities can be conducted in the
Beaufort and Chukchi Sea Planning Areas without
posing a risk of substantial adverse impact to
wildlife, or wildlife habitat and subsistence;
and
``(iii) any mitigation measures necessary
to avoid such risks are identified and the
efficacy of the measures is established.
``(2) In this subsection:
``(A) The term `response gap' means a period of
time during which the oil spill recovery standard
established pursuant to paragraph (1)(C)(ii)(I) cannot
be achieved.
``(B) The term `response gap analysis' means--
``(i) a calculation of the response
operating limits of spill response systems for
a set of environmental factors, such as wind,
sea state, sea ice, and visibility, and an
analysis of the frequency, duration, and timing
of conditions that would limit a response in a
particular location, including an assessment of
local response capabilities and oil spill
contingency plans, using a methodology that
accounts for the cumulative interplay between
factors that would cause two or more variables
that are individually within the system's
limits to exceed those limits when combined;
``(ii) based on such calculation, an
assessment of the frequency, duration, and
timing of occurrence of one or more limiting
factors or limiting combinations that may
preclude achieving the oil spill recovery
standard established pursuant to paragraph
(1)(C)(ii)(I) using either modeled or
historical environmental and climate data for a
given location or area; and
``(iii) based on such calculation and
assessment, a quantification of the percentage
of time during which local conditions exceed
the demonstrated limits of spill response
systems to achieve achieving the oil spill
recovery standard established pursuant to
paragraph (1)(C)(ii)(I).''.
|
Polar Bear Seas Protection Act - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from offering or approving any new lease, or approving an exploration or development plan, within any area of the Chukchi or Beaufort Sea marine and coastal ecosystems until: (1) the National Research Council reports to Congress on certain missing information regarding the composition, distribution, status, and ecology of the living marine resources in such ecosystems; (2) the polar bear is listed as either an endangered or threatened species under the Endangered Species Act of 1973 and critical habitat is designated for it; (3) the Secretary performs an oil spill response gap analysis for proposed and existing arctic oil operations; and (4) the Secretary makes specified determinations, including that oil and gas exploration and development can be conducted in the Beaufort and Chukchi Sea Planning Areas without posing a risk of substantial adverse impact to wildlife, or wildlife habitat and subsistence.
|
{"src": "billsum_train", "title": "To amend the Outer Continental Shelf Lands Act to prohibit preleasing, leasing, and related activities in the Beaufort and Chukchi Sea Planning Areas unless certain conditions are met."}
| 2,267 | 208 | 0.546902 | 1.725396 | 0.674552 | 4.577778 | 11.583333 | 0.955556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``__________ Act of 2001''.
SEC. 2. TECHNOLOGY FOR TOMORROW'S TEACHERS.
Title III of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6801 et seq.) is amended by adding at the end the following new
part:
``PART G--TEACHING TECHNOLOGY FOR THE FUTURE
``SEC. 3701. PURPOSE; PROGRAM AUTHORITY.
``(a) Purpose.--The purpose of this part is to assist consortia of
public and private entities in carrying out programs that prepare
prospective teachers to use advanced technology to enable all students
to achieve to challenging State and local content and student
performance standards.
``(b) Program Authority.--
``(1) In general.--The Secretary is authorized, through the
Office of Educational Technology, to award grants, contracts,
or cooperative agreements on a competitive basis to eligible
applicants in order to assist them in developing or redesigning
teacher preparation programs to enable prospective teachers to
use technology effectively in their classrooms.
``(2) Period of award.--The Secretary may award grants,
contracts, or cooperative agreements under this part for a
period of not more than 5 years.
``SEC. 3702. ELIGIBILITY.
``(a) Eligible Applicants.--In order to receive an award under this
part, an eligible applicant shall be a consortium that includes--
``(1) at least one institution of higher education that
offers a baccalaureate degree and prepares teachers for their
initial entry into teaching, is in full compliance with all of
the reporting requirements of section 207(f) of the Higher
Education Act of 1965 (20 U.S.C. 1027(f)), and has not been
identified by the State as low performing under section 208 of
such Act (20 U.S.C. 1028);
``(2) at least one State educational agency or local
educational agency with a high number or percentage of children
in poverty; and
``(3) one or more of the following entities:
``(A) An institution of higher education (other
than the institution described in paragraph (1)).
``(B) A school or department of education at an
institution of higher education that is in full
compliance with all of the reporting requirements of
section 207 of the Higher Education Act of 1965 (20
U.S.C. 1027) and has not been identified by their State
as low performing under section 208 of such Act (20
U.S.C. 1028).
``(C) A school or college of arts and sciences at
an institution of higher education that is in full
compliance with the reporting requirements of section
207(f) of the Higher Education Act of 1965 (20 U.S.C.
1027(f)) and has not bee identified by its State as low
performing under section 208 of such Act (20 U.S.C.
1028).
``(D) A professional association, foundation,
museum, library, for-profit business, public or private
nonprofit organization, community-based organization,
or other entity with the demonstrated capacity to
contribute to the technology-related reform of teacher
preparation programs.
``(b) Application Requirements.--In order to receive an award under
this part, an eligible applicant shall submit an application to the
Secretary at such time, and containing such information, as the
Secretary may require. Such application shall include--
``(1) a description of the proposed project and how the
project shall--
``(A) ensure that individuals participating in the
project would be prepared to use technology to enable
all students to achieve to challenging State and local
content and student performance standards, and
integrate such technology into their instructional
practices; and
``(B) include the adoption of specific,
quantifiable objectives that the program will achieve
over the duration of the award;
``(2) a demonstration of--
``(A) the commitment, including the financial
commitment, of each of the members of the consortium;
and
``(B) the active support of the leadership of each
member of the consortium for the proposed project;
``(3) a description of how each member of the consortium
would be included in project activities;
``(4) a description of how the proposed project would be
continued once the Federal funds awarded under this part end;
and
``(5) a plan for the evaluation of the program, which shall
include annual measurable benchmarks to monitor progress toward
specific project objectives, as described in paragraph (1)(B).
``(c) Matching Requirements.--
``(1) In general.--The Federal share of the cost of any
project funded under this part shall not exceed 50 percent.
Except as provided in paragraph (2), the non-Federal share of
such project may be in cash or in kind, fairly evaluated,
including services.
``(2) Acquisition of equipment.--Not more than 10 percent
of the funds awarded for a project under this part may be used
to acquire equipment, networking capabilities or
infrastructure, and the non-Federal share of the cost of any
such acquisition shall be in cash.
``SEC. 3703. USES OF FUNDS.
``(a) Required Uses.--A recipient shall use funds under this part
for--
``(1) creating programs that enable prospective teachers to
use advanced technology to prepare all students to achieve to
challenging State and local content and student performance
standards in the core academic subjects and integrate such
technology into their instructional practices; and
``(2) evaluating the effectiveness of the project.
``(b) Permissible Uses.--A recipient may use funds under this part
for activities, described in its application, that carry out the
purpose of this part, such as--
``(1) developing and implementing high-quality teacher
preparation programs that enable educators to--
``(A) learn the full range of resources that can be
accessed through the use of technology;
``(B) integrate a variety of technologies into the
classroom in order to expand students' knowledge;
``(C) evaluate educational technologies and their
potential for use in instruction; and
``(D) help students develop their own technical
skills and digital learning environments;
``(2) developing alternative teacher development paths that
provide elementary and secondary schools with well-prepared,
technology-proficient educators;
``(3) developing performance-based standards and aligned
assessments to measure the capacity of prospective teachers to
use technology effectively in their classrooms;
``(4) providing technical assistance to other teacher
preparation programs;
``(5) developing and disseminating resources and
information in order to assist institutions of higher education
to prepare teachers to use technology effectively in their
classrooms; and
``(6) subject to section 3702(c)(2), acquiring equipment,
networking capabilities, and infrastructure to carry out the
project.''.
|
_____Act of 2001 (sic) - Amends the Elementary and Secondary Education Act of 1965 to establish a program for Teaching Technology for the Future.Authorizes the Secretary of Education, through the Office of Educational Technology, to award competitive matching grants, contracts, or cooperative agreements for developing or redesigning teacher preparation programs to enable prospective teachers to use technology effectively in their classrooms. Makes eligible for such assistance consortia that include: (1) at least one institution of higher education that offers a baccalaureate degree and prepares teachers for their initial entry into teaching, is in full compliance with specified reporting requirements of the Higher Education Act of 1965 (HEA), and has not been identified by the State as low performing; (2) at least one State educational agency or local educational agency with a high number or percentage of children in poverty; and (3) one or more of specified public or private entities.
|
{"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to provide technology for tomorrow's teachers."}
| 1,483 | 191 | 0.667376 | 1.878505 | 0.925732 | 6.325843 | 8.134831 | 0.955056 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education Affordability and
Equity Act of 2010''.
SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS.
(a) Repeal of Dollar Limitation; Increase in Phaseout Beginning
Point.--Subsection (b) of section 221 of the Internal Revenue Code of
1986 (relating to maximum deduction) is amended to read as follows:
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be allowable as a deduction under this section
shall be reduced (but not below zero) by the amount determined
under paragraph (2).
``(2) Amount of reduction.--The amount determined under
this paragraph is the amount which bears the same ratio to the
amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $100,000 ($200,000 in the case of a
joint return), bears to
``(B) $15,000 ($30,000 in the case of a joint
return).
``(3) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income determined--
``(A) without regard to this section and sections
199, 222, 911, 931, and 933, and
``(B) after application of sections 86, 135, 137,
219, and 469.''.
(b) Conforming Amendment.--Section 221(f)(1) of such Code is
amended to read as follows:
``(1) In general.--In the case of a taxable year beginning
after 2010, the $100,000 and $200,000 amounts in subsection (b)
shall each be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2009' for `calendar year 1992' in
subparagraph (B) thereof.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 3. EDUCATION SAVINGS ACCOUNTS.
(a) Increase in Allowable Contributions.--
(1) In general.--Clause (iii) of section 530(b)(1)(A) of
the Internal Revenue Code of 1986 is amended by striking
``$2,000'' and inserting ``$5,000''.
(2) Conforming amendment.--Section 4973(e)(1)(A) of such
Code is amended by striking ``$2,000'' and inserting
``$5,000''.
(b) Reports.--Subsection (h) of section 530 of such Code is amended
by striking the period at the end of the last sentence and inserting
``, except that reports shall be so filed and furnished for any
calendar year not later than June 30 of the following year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009.
SEC. 4. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE
CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH
RESPECT TO HIGHER EDUCATION.
(a) In General.--Paragraph (1) of section 117(b) of the Internal
Revenue Code of 1986 (defining qualified scholarship) is amended by
inserting before the period at the end the following: ``or, in the case
of enrollment or attendance at an eligible educational institution, for
qualified higher education expenses.''.
(b) Definitions.--Subsection (b) of section 117 of such Code is
amended by adding at the end the following new paragraph:
``(3) Qualified higher education expenses; eligible
educational institution.--The terms `qualified higher education
expenses' and `eligible educational institution' have the
meanings given such terms in section 529(e).''.
(c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of
such Code (relating to special rules for teaching and research
assistants) is amended by striking ``shall be applied as if it did not
contain the phrase `(below the graduate level)'.'' and inserting
``shall be applied--
``(A) as if it did not contain the phrase `(below
the graduate level)', and
``(B) by substituting `qualified higher education
expenses' for `tuition' the second place it appears.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2009 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 5. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION
PROVISIONS.
Title IX of the Economic Growth and Tax Relief Reconciliation Act
of 2001 (relating to sunset of provisions of such Act) shall not apply
to sections 401 and 412 of such Act.
|
Higher Education Affordability and Equity Act of 2010 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by increasing the threshold for the phaseout of such deduction; (2) increase to $5,000 the maximum allowable contribution to a Coverdell education savings account; and (3) include qualified higher education expenses (i.e., books, supplies, room, board, and special needs services) as amounts excludable from gross income as a qualified scholarship.
Exempts from the general terminating date of the Economic Growth and Tax Relief Reconciliation Act (i.e., December 31, 2010) provisions of that Act modifying education individual retirement accounts and expanding the tax deduction for student loan interest.
|
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand incentives for education."}
| 1,217 | 164 | 0.509444 | 1.311831 | 0.662976 | 2.589041 | 7.068493 | 0.835616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Extraterritorial
Jurisdiction Act of 2000''.
SEC. 2. FEDERAL JURISDICTION.
(a) Certain Criminal Offenses Committed Outside the United
States.--Title 18, United States Code, is amended by inserting after
chapter 211 the following new chapter:
``CHAPTER 212--MILITARY EXTRATERRITORIAL JURISDICTION
``Sec.
``3261. Criminal offenses committed by certain members of the Armed
Forces and by persons employed by or accompanying the Armed
Forces outside the United States.
``3262. Arrest and commitment.
``3263. Delivery to authorities of foreign countries.
``3264. Limitation on removal.
``3265. Initial proceedings.
``3266. Regulations.
``3267. Definitions.
``Sec. 3261. Criminal offenses committed by certain members of the
Armed Forces and by persons employed by or accompanying the
Armed Forces outside the United States
``(a) Whoever engages in conduct outside the United States that
would constitute an offense punishable by imprisonment for more than 1
year if the conduct had been engaged in within the special maritime and
territorial jurisdiction of the United States--
``(1) while employed by or accompanying the Armed Forces
outside the United States; or
``(2) while a member of the Armed Forces subject to chapter 47
of title 10 (the Uniform Code of Military Justice),
shall be punished as provided for that offense.
``(b) No prosecution may be commenced against a person under this
section if a foreign government, in accordance with jurisdiction
recognized by the United States, has prosecuted or is prosecuting such
person for the conduct constituting such offense, except upon the
approval of the Attorney General or the Deputy Attorney General (or a
person acting in either such capacity), which function of approval may
not be delegated.
``(c) Nothing in this chapter may be construed to deprive a court-
martial, military commission, provost court, or other military tribunal
of concurrent jurisdiction with respect to offenders or offenses that
by statute or by the law of war may be tried by a court-martial,
military commission, provost court, or other military tribunal.
``(d) No prosecution may be commenced against a member of the Armed
Forces subject to chapter 47 of title 10 (the Uniform Code of Military
Justice) under this section unless--
``(1) such member ceases to be subject to such chapter; or
``(2) an indictment or information charges that the member
committed the offense with one or more other defendants, at least
one of whom is not subject to such chapter.
``Sec. 3262. Arrest and commitment
``(a) The Secretary of Defense may designate and authorize any
person serving in a law enforcement position in the Department of
Defense to arrest, in accordance with applicable international
agreements, outside the United States any person described in section
3261(a) if there is probable cause to believe that such person violated
section 3261(a).
``(b) Except as provided in sections 3263 and 3264, a person
arrested under subsection (a) shall be delivered as soon as practicable
to the custody of civilian law enforcement authorities of the United
States for removal to the United States for judicial proceedings in
relation to conduct referred to in such subsection unless such person
has had charges brought against him or her under chapter 47 of title 10
for such conduct.
``Sec. 3263. Delivery to authorities of foreign countries
``(a) Any person designated and authorized under section 3262(a)
may deliver a person described in section 3261(a) to the appropriate
authorities of a foreign country in which such person is alleged to
have violated section 3261(a) if--
``(1) appropriate authorities of that country request the
delivery of the person to such country for trial for such conduct
as an offense under the laws of that country; and
``(2) the delivery of such person to that country is authorized
by a treaty or other international agreement to which the United
States is a party.
``(b) The Secretary of Defense, in consultation with the Secretary
of State, shall determine which officials of a foreign country
constitute appropriate authorities for purposes of this section.
``Sec. 3264. Limitation on removal
``(a) Except as provided in subsection (b), and except for a person
delivered to authorities of a foreign country under section 3263, a
person arrested for or charged with a violation of section 3261(a)
shall not be removed--
``(1) to the United States; or
``(2) to any foreign country other than a country in which such
person is believed to have violated section 3261(a).
``(b) The limitation in subsection (a) does not apply if--
``(1) a Federal magistrate judge orders the person to be
removed to the United States to be present at a detention hearing
held pursuant to section 3142(f);
``(2) a Federal magistrate judge orders the detention of the
person before trial pursuant to section 3142(e), in which case the
person shall be promptly removed to the United States for purposes
of such detention;
``(3) the person is entitled to, and does not waive, a
preliminary examination under the Federal Rules of Criminal
Procedure, in which case the person shall be removed to the United
States in time for such examination;
``(4) a Federal magistrate judge otherwise orders the person to
be removed to the United States; or
``(5) the Secretary of Defense determines that military
necessity requires that the limitations in subsection (a) be
waived, in which case the person shall be removed to the nearest
United States military installation outside the United States
adequate to detain the person and to facilitate the initial
appearance described in section 3265(a).
``Sec. 3265. Initial proceedings
``(a)(1) In the case of any person arrested for or charged with a
violation of section 3261(a) who is not delivered to authorities of a
foreign country under section 3263, the initial appearance of that
person under the Federal Rules of Criminal Procedure--
``(A) shall be conducted by a Federal magistrate judge; and
``(B) may be carried out by telephony or such other means that
enables voice communication among the participants, including any
counsel representing the person.
``(2) In conducting the initial appearance, the Federal magistrate
judge shall also determine whether there is probable cause to believe
that an offense under section 3261(a) was committed and that the person
committed it.
``(3) If the Federal magistrate judge determines that probable
cause exists that the person committed an offense under section
3261(a), and if no motion is made seeking the person's detention before
trial, the Federal magistrate judge shall also determine at the initial
appearance the conditions of the person's release before trial under
chapter 207 of this title.
``(b) In the case of any person described in subsection (a), any
detention hearing of that person under section 3142(f)--
``(1) shall be conducted by a Federal magistrate judge; and
``(2) at the request of the person, may be carried out by
telephony or such other means that enables voice communication
among the participants, including any counsel representing the
person.
``(c)(1) If any initial proceeding under this section with respect
to any such person is conducted while the person is outside the United
States, and the person is entitled to have counsel appointed for
purposes of such proceeding, the Federal magistrate judge may appoint
as such counsel for purposes of such hearing a qualified military
counsel.
``(2) For purposes of this subsection, the term `qualified military
counsel' means a judge advocate made available by the Secretary of
Defense for purposes of such proceedings, who--
``(A) is a graduate of an accredited law school or is a member
of the bar of a Federal court or of the highest court of a State;
and
``(B) is certified as competent to perform such duties by the
Judge Advocate General of the armed force of which he is a member.
``Sec. 3266. Regulations
``(a) The Secretary of Defense, after consultation with the
Secretary of State and the Attorney General, shall prescribe
regulations governing the apprehension, detention, delivery, and
removal of persons under this chapter and the facilitation of
proceedings under section 3265. Such regulations shall be uniform
throughout the Department of Defense.
``(b)(1) The Secretary of Defense, after consultation with the
Secretary of State and the Attorney General, shall prescribe
regulations requiring that, to the maximum extent practicable, notice
shall be provided to any person employed by or accompanying the Armed
Forces outside the United States who is not a national of the United
States that such person is potentially subject to the criminal
jurisdiction of the United States under this chapter.
``(2) A failure to provide notice in accordance with the
regulations prescribed under paragraph (1) shall not defeat the
jurisdiction of a court of the United States or provide a defense in
any judicial proceeding arising under this chapter.
``(c) The regulations prescribed under this section, and any
amendments to those regulations, shall not take effect before the date
that is 90 days after the date on which the Secretary of Defense
submits a report containing those regulations or amendments (as the
case may be) to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the Senate.
``Sec. 3267. Definitions
``As used in this chapter:
``(1) The term `employed by the Armed Forces outside the United
States' means--
``(A) employed as a civilian employee of the Department of
Defense (including a nonappropriated fund instrumentality of
the Department), as a Department of Defense contractor
(including a subcontractor at any tier), or as an employee of a
Department of Defense contractor (including a subcontractor at
any tier);
``(B) present or residing outside the United States in
connection with such employment; and
``(C) not a national of or ordinarily resident in the host
nation.
``(2) The term `accompanying the Armed Forces outside the
United States' means--
``(A) a dependent of--
``(i) a member of the Armed Forces;
``(ii) a civilian employee of the Department of Defense
(including a nonappropriated fund instrumentality of the
Department); or
``(iii) a Department of Defense contractor (including a
subcontractor at any tier) or an employee of a Department
of Defense contractor (including a subcontractor at any
tier);
``(B) residing with such member, civilian employee,
contractor, or contractor employee outside the United States;
and
``(C) not a national of or ordinarily resident in the host
nation.
``(3) The term `Armed Forces' has the meaning given the term
`armed forces' in section 101(a)(4) of title 10.
``(4) The terms `Judge Advocate General' and `judge advocate'
have the meanings given such terms in section 801 of title 10.''.
(b) Clerical Amendment.--The table of chapters for part II of title
18, United States Code, is amended by inserting after the item relating
to chapter 211 the following new item:
``212. Military extraterritorial jurisdiction...................3261''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
|
Military and Extraterritorial Jurisdiction Act of 1999 - Amends the Uniform Code of Military Justice to make subject to its provisions civilian employees of the Department of Defense (DOD) and civilian employees of DOD contractors who, in support of a contingency operation as designated by the Secretary of Defense, are serving with and accompanying an armed force outside the United States.
Amends the Federal criminal code to provide penalties for conduct engaged in by such individuals that would constitute an offense punishable by imprisonment for more than one year if such conduct had been engaged in within the maritime and territorial jurisdiction of the United States. Prohibits a Federal criminal action if a recognized foreign government has prosecuted or is prosecuting such person for the conduct constituting the offense.
Provides for the arrest of such individuals outside the United States and their release to U.S. civilian law enforcement personnel.
Authorizes the release to a recognized foreign government of persons who engage in such conduct in that country.
Directs the Secretary to: (1) prescribe regulations governing the apprehension, detention and removal of persons under this Act; and (2) issue regulations requiring that notice be provided to any person covered by this Act who is not a U.S. national that such person is potentially subject to the criminal jurisdiction of the United States. States that failure to provide such notice shall not defeat such jurisdiction.
|
{"src": "billsum_train", "title": "Military Extraterritorial Jurisdiction Act of 2000"}
| 2,598 | 298 | 0.616366 | 1.728513 | 0.805282 | 3.101563 | 9.601563 | 0.882813 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Investment and Growth
Act''.
SEC. 2. S CORPORATION TAX RATE.
(a) In General.--Section 1 of the Internal Revenue Code of 1986
(relating to tax imposed) is amended by adding at the end the following
new subsection:
``(i) Tax Rate on Certain S Corporation Income.--
``(1) In general.--Except as provided in paragraph (4), if
a taxpayer has taxable S corporation income for any taxable
year to which this subsection applies, then the tax imposed by
this section shall not exceed the sum of--
``(A) a tax computed at the rates and in the same
manner as if this subsection had not been enacted on
the greater of--
``(i) taxable income reduced by qualified
taxable S corporation income, or
``(ii) the amount of taxable income taxed
at a rate below 36 percent, plus
``(B) a tax of 34 percent of qualified taxable S
corporation income in excess of the taxable income that
is subject to tax under subparagraph (A).
``(2) Taxable s corporation income.--For purposes of this
subsection--
``(A) Qualified taxable s corporation income.--The
term `qualified taxable S corporation income' means
taxable S corporation income only to the extent such
income does not exceed $5,000,000.
``(B) Special rule for qualified personal service
corporation.--
``(i) In general.--In the case of a
qualified personal service corporation, taxable
S corporation income taken into account under
subparagraph (A) may not exceed the excess of--
``(I) capital expenditures during
the taxable year and the 2 prior
taxable years, over
``(II) the amount of capital
expenditures taken into account under
subclause (I) for 2 prior taxable
years.
``(ii) Ordering rule.--For purposes of
clause (i), capital expenditures shall be used
in the order in which such expenditures are
made, beginning with the earliest year.
``(C) Taxable s corporation income.--The term
`taxable S corporation income' means, with respect to
any taxable year, the taxable income of the taxpayer
for such year attributable to the active conduct of any
trade or business of an eligible S corporation.
``(D) Eligible s corporation.--The term `eligible S
corporation' means an S corporation, except that such
term does not include--
``(i) a personal service corporation as
defined in section 469(j)(2), other than a
qualified personal service corporation, and
``(ii) a personal holding company (as
defined in section 542).
``(E) Qualified personal service corporation
defined.--The term `qualified personal service
corporation' has the meaning given such term in section
448(d)(2).
``(3) Qualified retained earnings account.--For purposes of
this subsection--
``(A) In general.--Each S corporation shall
establish a qualified retained earnings account which
shall be--
``(i) increased each year by the portion of
the taxable income of the S corporation that is
attributable to the active conduct of a trade
or business by the S corporation,
``(ii) decreased each year by the portion
of the taxable loss of the S corporation that
is attributable to such active conduct of a
trade or business, and
``(iii) decreased by qualified and
nonqualified distributions from such S
corporation to the shareholders thereof.
``(B) Qualified distributions.--For purposes of
subparagraph (A), a distribution from a qualified
retained earnings account shall be treated as a
qualified distribution if the distribution--
``(i) is made to the owners of the eligible
S corporation, and
``(ii) is made to enable the S corporation
shareholder to pay income taxes (Federal,
State, local) on the income of the eligible S
corporation.
The Secretary is authorized to promulgate regulations
pursuant to this subparagraph to provide rules to
determine the extent to which distributions by an S
corporation are made to enable the distributee to pay
its income taxes, including regulations that establish
a presumption that distributions are to enable the
distributee to pay income taxes if such distributions
do not exceed 34 percent of qualified taxable S
corporation income.
``(C) Distributions after taxable year.--For
purposes of subparagraph (B), a distribution from a
qualified retained earnings account within 75 days
after the end of a taxable year of the eligible S
corporation may be treated as a distribution made on
the last day of such taxable year.
``(4) Additional tax on nonqualified distributions.--
``(A) In general.--If--
``(i) a distribution other than a qualified
distribution is made from a qualified retained
earnings account, and
``(ii) such distribution is made from
additions to the account for a taxable year
with respect to which paragraph (1)(B) applied
to the taxpayer by reason of such additions,
then the tax imposed by this section for the taxable
year of the taxpayer with or within which the taxable
year of the eligible S corporation in which the
distribution was made ends shall be increased by the
amount determined under subparagraph (B).
``(B) Amount of additional tax.--The amount of tax
determined under this subparagraph is an amount equal
to the product of the taxpayer's pro rata share of the
distribution described in subparagraph (A)(i) and the
number of percentage points (and fractions thereof) by
which the highest rate of tax applicable to the
taxpayer in effect under this section for the
taxpayer's taxable year exceeds 34 percent.
``(C) Order of distributions.--For purposes of this
paragraph, distributions shall be treated as having
been made from the qualified retained earnings account
on a last-in, first-out basis. Distributions in excess
of the balance of the qualified retained earnings
account shall not reduce such account below zero.
``(5) Years to which subsection applies.--This subsection
shall apply to any taxable year if the highest rate of tax set
forth in subsection (a), (b), (c), (d), or (e) (whichever
applies) for the taxable year exceeds 34 percent.
``(6) Regulations.--The Secretary shall prescribe such
regulations as may be necessary or appropriate to carry out the
purposes of this section, including regulations preventing the
characterization of distributions for purposes of compensation
or personal use as distributions of qualified retained
earnings.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to taxable years beginning after December 31, 1997.
|
Small Business Investment and Growth Act - Amends the Internal Revenue Code to establish, as specified, a maximum taxable S corporation tax. Establishes a special rule for a qualified personal service corporation. Requires each S corporation to establish a qualified retained earnings account. Allows qualified distributions from such a qualified retained earnings account to the owners to enable the S corporation shareholder to pay income taxes. Requires regulations to establish a presumption that distributions are to pay income taxes if such distributions do not exceed 34 percent of qualified taxable S corporation income. Provides for an additional tax on nonqualified distributions.
|
{"src": "billsum_train", "title": "Small Business Investment and Growth Act"}
| 1,524 | 140 | 0.579373 | 1.268806 | 0.664817 | 3.517544 | 12.192982 | 0.885965 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Free Market Drug Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Prescription drugs are increasingly expensive and
unaffordable for the patients that need them. The Congressional
Budget Office estimates that drug costs have risen at a 19.1
percent annual rate over the last eight years and projects that
they will rise at a 10.1 percent rate annual over the next
decade. Drug prices are far higher in the United States than in
any other developed country because it is the only country that
grants pharmaceutical companies a monopoly in the market, based
on patent protection, without any corresponding restriction on
prices.
(2) New pharmaceuticals are decreasing in number and
quality. In 2002, 17 new drugs classified as new compounds were
approved by the Food and Drug Administration (``FDA''), down
from 24 in 2001 and 27 in 2000. The vast majority of new drugs
are not breakthrough cures, but rather copycat drugs. According
to the FDA, more than 70 percent of new drugs approved in the
last decade do not constitute qualitative improvements over
existing treatments.
(3) Pharmaceutical manufacturers have distorted the quality
of drug research in many instances, such as with the drug
Celebrex. Often due to the influence of the funding source,
drug research has been shown to suffer from concealed and
distorted findings, bias, conflicts of interest, and secrecy.
SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE FOR BIOMEDICAL RESEARCH AND
DEVELOPMENT.
Part C of title IV of the Public Health Service Act (42 U.S.C. 285
et seq.) is amended by adding at the end the following subpart:
``Subpart 19--National Institute for Biomedical Research and
Development
``purpose of the institute
``Sec. 464z-1. (a) In General.--The general purpose of the National
Institute for Biomedical Research and Development (in this section
referred to as the `Institute') is to provide in accordance with this
section for the development of drugs, biological products, and devices,
including through Federal laboratories under subsection (f), in a
manner that will foster an increase in the number and medical efficacy
of drugs, biological products, and devices on the market and will make
the drugs, biological products, and devices available to the public at
reasonable prices.
``(b) Identification of Candidate Discoveries.--The Director shall
monitor the results of research conducted or supported by the National
Institutes of Health, and by other appropriate public or private
entities, in order to identify discoveries that, if subjected to
appropriate research and development activities, may be suitable for
the submission of applications for approval by the Food and Drug
Administration as drugs, biological products, or devices for use in
humans (referred to in this section as `candidate discoveries').
``(c) Research and Other Activities Regarding Candidate
Discoveries.--
``(1) In general.--The Director of the Institute shall
conduct and support research, training, the dissemination of
information, and other programs toward identifying candidate
discoveries and carrying out appropriate research and
development activities regarding such discoveries.
``(2) Annual plan.--The Director of the Institute shall
establish, and annually review and as appropriate revise, a
plan for the development, testing, and manufacture of candidate
discoveries through the Institute.
``(3) Awards regarding research and development.--Each
award of financial assistance under paragraph (1) for research
and development activities shall be an award of a cooperative
agreement or a contract.
``(4) Priorities.--In allocating the resources of the
Institute, the Director of the Institute shall establish
priorities among candidate discoveries.
``(5) Internet site.--The Director of the Institute shall
maintain an Internet site to make available to the public
information on activities under this section, including
activities carried out by the Director and activities carried
out under cooperative agreements or contracts under paragraph
(1). Information posted on such site shall be updated
quarterly, or on such more frequent intervals as the Director
determines to be appropriate. Such information shall include
the following:
``(A) An identification of candidate discoveries
that are receiving priority under paragraph (4).
``(B) All raw data developed under paragraph (1) in
carrying out research and development activities.
``(C) Findings made in carrying out such
activities.
``(d) Patents.--
``(1) In general.--The Director may identify a discovery as
a candidate discovery only if the Federal Government holds, or
can reasonably be expected to obtain, a patent on the
discovery. The Director may not transfer ownership of such
patent to any non-Federal entity, notwithstanding any
conflicting provision of chapter 18 of title 35, United States
Code.
``(2) Citizens' suits for protection of federal ownership
of patents.--
``(A) In general.--Except as provided in
subparagraph (C), any person may on his or her behalf
commence a civil action in an appropriate district
court of the United States against--
``(i) any person in order to protect
Federal ownership of patents on candidate
discoveries; or
``(ii) the Secretary where there is alleged
a failure of the Secretary to protect Federal
ownership of such patents.
``(B) Relief.--In a civil action under subparagraph
(A), the district court involved may, as the case may
be--
``(i) enforce the compliance of a person
with provisions relating to Federal ownership
of patents; or
``(ii) order the Secretary to perform an
act or duty relating to such ownership.
``(C) Limitations.--
``(i) Notice to secretary.--A civil action
may not be commenced under subparagraph (A)(i)
prior to 60 days after the plaintiff has
provided to the Secretary notice of the
violation involved.
``(ii) Relation to actions of secretary.--A
civil action may not be commenced under
subparagraph (A)(ii) if the Secretary has
commenced and is diligently prosecuting a civil
action in a district court of the United States
to protect the Federal ownership of the patent
involved.
``(D) Right of secretary to intervene.--In any
civil action under subparagraph (A), the Secretary, if
not a party, may intervene as a matter of right.
``(E) Award of costs; filing of bond.--In a civil
action under subparagraph (A), the district court
involved may award costs of litigation (including
reasonable attorney and expert witness fees) to any
party whenever the court determines such an award is
appropriate. The court may, if a temporary restraining
order or preliminary injunction is sought, require the
filing of a bond or equivalent security in accordance
with the Federal Rules of Civil Procedure.
``(F) Savings provision.--This paragraph does not
restrict any right that a person (or class of persons)
may have under any statute or common law to seek
enforcement of provisions relating to Federal ownership
of patents on candidate discoveries, or to seek any
other relief (including relief against the Secretary).
``(e) Application for Approval by Food and Drug Administration.--
``(1) In general.--Each application submitted to the Food
and Drug Administration for the approval of a candidate
discovery, or for authorization to engage in investigational
uses of the discovery, shall be submitted by the Director of
the Institute or by a private entity. In the case of a private
entity, such application shall be submitted pursuant to--
``(A) a cooperative agreement or contract between
the Director of the Institute and the private entity;
and
``(B) a nonexclusive license granted by the
Director to the private entity for the commercial
marketing of the discovery, notwithstanding any
conflicting provision of chapter 18 of title 35, United
States Code.
``(2) Institute as holder of approved application.--In the
case of an application referred to in paragraph (1) that is
submitted by the Director of the Institute and approved by the
Food and Drug Administration, the Director, promptly after such
approval, shall seek to provide to one or more appropriate
private entities nonexclusive licenses for the commercial
marketing of the candidate discovery involved, notwithstanding
any conflicting provision of chapter 18 of title 35, United
States Code.
``(f) Federal Laboratory System.--
``(1) In general.--The Director of the Institute shall
carry out this section directly and through Federal
laboratories established by the Director in accordance with
paragraph (2).
``(2) Certain requirements.--Subject to the extent of
amounts made available in appropriations Acts, the Director
shall establish 10 laboratories under paragraph (1). Each such
laboratory shall be established within the National Institutes
of Health, and shall be headed by an Associate Director, who
shall be appointed by the Director of the Institute. With
respect to the location of the laboratories, the laboratories
shall be equitably distributed among the various regions of the
United States.
``(3) Ten-year performance review.--Promptly after the
expiration of the ten-year period beginning on the date on
which a Federal laboratory under paragraph (2) becomes
operational (as determined by the Director), and every ten
years thereafter, the Director of the Institute shall provide
for a comprehensive review of the performance of the
laboratory. The Director may, for good cause found pursuant to
such a review, terminate the laboratory. If the laboratory is
terminated, the Director of the Institute shall transfer the
duties of the laboratory, and the funds and other assets of the
laboratory, to the remaining laboratories under paragraph (2),
and shall transfer within the Institute the officers and
employees of the laboratory, or otherwise provide for the
disposition of such officers and employees in accordance with
applicable law.
``(g) Rewards for Significant Advances.--The Director of the
Institute shall establish a fund, consisting of amounts reserved under
subsection (i)(2), from which the Director may provide cash awards to
individuals or organizations that, in carrying out research and
development activities under subsection (c), make significant advances
in knowledge regarding a disease, disorder, or other health condition,
including new treatments or diagnostic techniques.
``(h) Definitions.--For purposes of this section:
``(1) The term `biological product' has the meaning that
applies under section 351.
``(2) The terms `drug' and `device' have the meanings given
such terms under section 201 of the Federal Food, Drug, and
Cosmetic Act.
``(i) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $19,930,000,000 for fiscal year 2004,
$20,400,000,000 for fiscal year 2005, $20,910,000,000 for
fiscal year 2006, $21,430,000,000 for fiscal year 2007, and
$21,970,000,000 for fiscal year 2008.
``(2) Rewards for significant advances.--Of the amounts
appropriated under paragraph (1) for a fiscal year, the
Director of the Institute shall reserve $50,000,000 for the
fund under subsection (g).''.
|
Free Market Drug Act - Establishes the National Institute for Biomedical Research and Development to provide for the development of drugs, biological products, and devices to: (1) increase the number and medical efficacy of drugs, biological products, and devices on the market; and (2) make the drugs, biological products, and devices available to the public at reasonable prices.
Requires the Director of the Institute to: (1) monitor the results of certain research to identify discoveries that, if subjected to appropriate research and development activities, may be suitable for approval by the Food and Drug Administration (FDA) as drugs, biological products, or devices for use in humans (candidate discoveries); (2) identify candidate discoveries and carry out appropriate research and development regarding such discoveries; (3) establish, review, and revise a plan for the development, testing, and manufacture of candidate discoveries through the Institute; (4) establish priorities among candidate discoveries; and (5)) maintain an Internet site to make available to the public information on activities under this Act.
Allows the Director to identify a discovery as a candidate discovery only if the Federal Government holds, or can reasonably be expected to obtain, a patent on the discovery. Prohibits the Director from transferring ownership of such patent to any non-Federal entity.
Allows civil suits to protect Federal ownership of patents.
Requires the Director to: (1) grant non-exclusive licenses for the commercial marketing of FDA-approved candidate discoveries; (2) establish Federal laboratories to carry out this Act; and (3) establish a fund to provide cash awards for making significant advances in knowledge regarding a disease, disorder, or other health condition.
|
{"src": "billsum_train", "title": "To establish the National Institute for Biomedical Research and Development."}
| 2,413 | 350 | 0.524863 | 1.612601 | 0.799538 | 5.696697 | 6.954955 | 0.96997 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Advance Directives
Education Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Improvement of policies related to the use and portability of
advance directives.
Sec. 4. Increasing awareness of the importance of End-of-Life planning.
Sec. 5. GAO study and report on establishment of national advance
directive registry.
Sec. 6. Advance directives at State department of motor vehicles.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Every year 2,500,000 people die in the United States.
Eighty percent of those people die in institutions such as
hospitals, nursing homes, and other facilities. Chronic
illnesses, such as cancer and heart disease, account for 2 out
of every 3 deaths.
(2) In January 2004, a study published in the Journal of
the American Medical Association concluded that many people
dying in institutions have unmet medical, psychological, and
spiritual needs. Moreover, family members of decedents who
received care at home with hospice services were more likely to
report a favorable dying experience.
(3) In 1997, the Supreme Court of the United States, in its
decisions in Washington v. Glucksberg and Vacco v. Quill,
reaffirmed the constitutional right of competent adults to
refuse unwanted medical treatment. In those cases, the Court
stressed the use of advance directives as a means of
safeguarding that right should those adults become incapable of
deciding for themselves.
(4) A study published in 2002 estimated that the overall
prevalence of advance directives is between 15 and 20 percent
of the general population, despite the passage of the Patient
Self-Determination Act in 1990, which requires that health care
providers tell patients about advance directives.
(5) Competent adults should complete advance care plans
stipulating their health care decisions in the event that they
become unable to speak for themselves. Through the execution of
advance directives, including living wills and durable powers
of attorney for health care according to the laws of the State
in which they reside, individuals can protect their right to
express their wishes and have them respected.
(b) Purposes.--The purposes of this Act are to improve access to
information about individuals' health care options and legal rights for
care near the end of life, to promote advance care planning and
decisionmaking so that individuals' wishes are known should they become
unable to speak for themselves, to engage health care providers in
disseminating information about and assisting in the preparation of
advance directives, which include living wills and durable powers of
attorney for health care, and for other purposes.
SEC. 3. IMPROVEMENT OF POLICIES RELATED TO THE USE AND PORTABILITY OF
ADVANCE DIRECTIVES.
(a) Medicare.--Section 1866(f) of the Social Security Act (42
U.S.C. 1395cc(f)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``and if
presented by the individual (or on behalf of the
individual), to include the content of such advance
directive in a prominent part of such record'' before
the semicolon at the end;
(B) in subparagraph (D), by striking ``and'' after
the semicolon at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by inserting after subparagraph (E) the
following new subparagraph:
``(F) to provide each individual with the opportunity to
discuss issues relating to the information provided to that
individual pursuant to subparagraph (A) with an appropriately
trained professional.'';
(2) in paragraph (3), by striking ``a written'' and
inserting ``an''; and
(3) by adding at the end the following new paragraph:
``(5)(A) In addition to the requirements of paragraph (1), a
provider of services, Medicare Advantage organization, or prepaid or
eligible organization (as the case may be) shall give effect to an
advance directive executed outside the State in which such directive is
presented, even one that does not appear to meet the formalities of
execution, form, or language required by the State in which it is
presented to the same extent as such provider or organization would
give effect to an advance directive that meets such requirements,
except that a provider or organization may decline to honor such a
directive if the provider or organization can reasonably demonstrate
that it is not an authentic expression of the individual's wishes
concerning his or her health care. Nothing in this paragraph shall be
construed to authorize the administration of medical treatment
otherwise prohibited by the laws of the State in which the directive is
presented.
``(B) The provisions of this paragraph shall preempt any State law
to the extent such law is inconsistent with such provisions. The
provisions of this paragraph shall not preempt any State law that
provides for greater portability, more deference to a patient's wishes,
or more latitude in determining a patient's wishes.''.
(b) Medicaid.--Section 1902(w) of the Social Security Act (42
U.S.C. 1396a(w)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) by striking ``in the individual's
medical record'' and inserting ``in a prominent
part of the individual's current medical
record''; and
(ii) by inserting ``and if presented by the
individual (or on behalf of the individual), to
include the content of such advance directive
in a prominent part of such record'' before the
semicolon at the end;
(B) in subparagraph (D), by striking ``and'' after
the semicolon at the end;
(C) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(D) by inserting after subparagraph (E) the
following new subparagraph:
``(F) to provide each individual with the opportunity to
discuss issues relating to the information provided to that
individual pursuant to subparagraph (A) with an appropriately
trained professional.'';
(2) in paragraph (4), by striking ``a written'' and
inserting ``an''; and
(3) by adding at the end the following paragraph:
``(6)(A) In addition to the requirements of paragraph (1), a
provider or organization (as the case may be) shall give effect to an
advance directive executed outside the State in which such directive is
presented, even one that does not appear to meet the formalities of
execution, form, or language required by the State in which it is
presented to the same extent as such provider or organization would
give effect to an advance directive that meets such requirements,
except that a provider or organization may decline to honor such a
directive if the provider or organization can reasonably demonstrate
that it is not an authentic expression of the individual's wishes
concerning his or her health care. Nothing in this paragraph shall be
construed to authorize the administration of medical treatment
otherwise prohibited by the laws of the State in which the directive is
presented.
``(B) The provisions of this paragraph shall preempt any State law
to the extent such law is inconsistent with such provisions. The
provisions of this paragraph shall not preempt any State law that
provides for greater portability, more deference to a patient's wishes,
or more latitude in determining a patient's wishes.''.
(c) Effective Dates.--
(1) In general.--Subject to paragraph (2), the amendments
made by subsections (a) and (b) shall apply to provider
agreements and contracts entered into, renewed, or extended
under title XVIII of the Social Security Act (42 U.S.C. 1395 et
seq.), and to State plans under title XIX of such Act (42
U.S.C. 1396 et seq.), on or after such date as the Secretary of
Health and Human Services specifies, but in no case may such
date be later than 1 year after the date of enactment of this
Act.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State legislation
in order for the plan to meet the additional requirements
imposed by the amendments made by subsection (b), the State
plan shall not be regarded as failing to comply with the
requirements of such title solely on the basis of its failure
to meet these additional requirements before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year
legislative session, each year of the session is considered to
be a separate regular session of the State legislature.
SEC. 4. INCREASING AWARENESS OF THE IMPORTANCE OF END-OF-LIFE PLANNING.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following new part:
``PART R--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING
ISSUES
``SEC. 399Z-1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND INFORMATION
CLEARINGHOUSES.
``The Secretary shall provide for the establishment of a national,
toll-free, information clearinghouse as well as clearinghouses that the
public may access to find out about State-specific information
regarding advance directive and end-of-life decisions.''.
SEC. 5. GAO STUDY AND REPORT ON ESTABLISHMENT OF NATIONAL ADVANCE
DIRECTIVE REGISTRY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the feasibility of a national registry for advance
directives, taking into consideration the constraints created by the
privacy provisions enacted as a result of the Health Insurance
Portability and Accountability Act.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General of the United States shall submit
to Congress a report on the study conducted under subsection (a)
together with recommendations for such legislation and administrative
action as the Comptroller General of the United States determines to be
appropriate.
SEC. 6. ADVANCE DIRECTIVES AT STATE DEPARTMENT OF MOTOR VEHICLES.
Each State shall establish a program of providing information on
the advance directives clearinghouse established pursuant to section
399Z-1 of the Public Health Service Act to individuals who are
residents of the State at such State's department of motor vehicles.
Such program shall be modeled after the program of providing
information regarding organ donation established at the State's
department of motor vehicles, if such State has such an organ donation
program.
|
Advance Directives Education Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to require a service provider, Medicare Advantage organization, or prepaid or eligible organization to: (1) provide each individual receiving medical care through such provider or organization with the opportunity to discuss issues relating to an individual's rights under State law to make decisions concerning medical care and formulate advance directives; and (2) give effect to an advance directive executed outside the State even if such directive does not appear to meet State requirements, unless the provider or organization can reasonably demonstrate that the directive is not an authentic expression of the individual's health care wishes. Makes such advance directive requirements applicable under title XIX (Medicaid) of the Social Security Act.
Amends the Public Health Service Act to require the Secretary of Health and Human Services to provide for the establishment of a national, toll-free, information clearinghouse for State-specific information regarding advance directives and end-of-life decisions.
Requires the Comptroller General to study and report on the feasibility of a national registry for advanced directives.
Requires each State to establish a program that: (1) provides information to residents at the State's department of motor vehicles on the advance directives clearinghouse; and (2) is modeled after the State's organ donation program at the department of motor vehicles.
|
{"src": "billsum_train", "title": "A bill to amend title XVIII and XIX of the Social Security Act and title III of the Public Health Service Act to improve access to information about individuals' health care options and legal rights for care near the end of life, to promote advance care planning and decisionmaking so that individuals' wishes are known should the become unable to speak for themselves, to engage health care providers in disseminating information about and assisting in the preparation of advance directives, which include living wills and durable powers of attorney for health care, and for other purposes."}
| 2,506 | 295 | 0.512024 | 1.680261 | 0.752038 | 3.708812 | 8.762452 | 0.957854 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Workers from
Exploitation and Retaliation Act'' or the ``POWER Act''.
SEC. 2. VICTIMS OF SERIOUS LABOR AND EMPLOYMENT VIOLATIONS OR CRIME.
(a) Protection for Victims of Labor and Employment Violations.--
Section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(U)) is amended--
(1) in clause (i)--
(A) by amending subclause (I) to read as follows:
``(I) the alien--
``(aa) has suffered substantial
abuse or harm as a result of having
been a victim of criminal activity
described in clause (iii);
``(bb) has suffered substantial
abuse or harm related to a violation
described in clause (iv);
``(cc) is a victim of criminal
activity described in clause (iii) and
would suffer extreme hardship upon
removal; or
``(dd) has suffered a violation
described in clause (iv) and would
suffer extreme hardship upon
removal;'';
(B) in subclause (II), by inserting ``, or a labor
or employment violation resulting in a workplace claim
described in clause (iv)'' before the semicolon at the
end;
(C) in subclause (III)--
(i) by striking ``or State judge, to the
Service'' and inserting ``, State, or local
judge, to the Department of Homeland Security,
to the Equal Employment Opportunity Commission,
to the Department of Labor, to the National
Labor Relations Board''; and
(ii) by inserting ``, or investigating,
prosecuting, or seeking civil remedies for a
labor or employment violation related to a
workplace claim described in clause (iv)''
before the semicolon at the end; and
(D) in subclause (IV)--
(i) by inserting ``(aa)'' after ``(IV)''
and
(ii) by adding at the end the following:
``or
``(bb) a workplace claim described in
clause (iv) resulted from a labor or employment
violation;'';
(2) in clause (ii)(II), by striking ``and'' at the end;
(3) in clause (iii), by striking ``or'' at the end and
inserting ``and''; and
(4) by adding at the end the following:
``(iv) in the labor or employment violation related
to a workplace claim, the alien--
``(I) has filed, is a material witness in,
or is likely to be helpful in the investigation
of, a bona fide workplace claim (as defined in
section 274A(e)(10)(C)(iii)(II)); and
``(II) reasonably fears, has been
threatened with, or has been the victim of, an
action involving force, physical restraint,
retaliation, or abuse of the immigration or
other legal process against the alien or
another person by the employer in relation to
acts underlying the workplace claim or related
to the filing of the workplace claim; or''.
(b) Temporary Protection for Victims of Crime, Labor, and
Employment Violations.--Notwithstanding any other provision of law, the
Secretary of Homeland Security may permit an alien to temporarily
remain in the United States and grant the alien employment
authorization if the Secretary determines that the alien--
(1) has filed for relief under section 101(a)(15)(U) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)); or
(2)(A) has filed, or is a material witness to, a bona fide
workplace claim (as defined in section 274A(e)(10)(B)(iii)(II)
of such Act, as added by section 3(b)); and
(B) has been helpful, is being helpful, or is likely to be
helpful to--
(i) a Federal, State, or local law enforcement
official;
(ii) a Federal, State, or local prosecutor;
(iii) a Federal, State, or local judge;
(iv) the Department of Homeland Security;
(v) the Equal Employment Opportunity Commission;
(vi) the Department of Labor;
(vii) the National Labor Relations Board; or
(viii) other Federal, State, or local authorities
investigating, prosecuting, or seeking civil remedies
related to the workplace claim.
(c) Conforming Amendments.--Section 214(p) of the Immigration and
Nationality Act (8 U.S.C. 1184(p)) is amended--
(1) in paragraph (1), by inserting ``or investigating,
prosecuting, or seeking civil remedies for workplace claims
described in section 101(a)(15)(U)(iv)'' after ``section
101(a)(15)(U)(iii)'' each place such term appears;
(2) in paragraph (2)(A), by striking ``10,000'' and
inserting ``30,000''; and
(3) in paragraph (6)--
(A) by inserting ``or workplace claims described in
section 101(a)(15)(U)(iv)'' after ``described in
section 101(a)(15)(U)(iii)''; and
(B) by inserting ``or workplace claim'' after
``prosecution of such criminal activity''.
(d) Adjustment of Status for Victims of Crimes.--Section 245(m)(1)
of the Immigration and Nationality Act (8 U.S.C. 1255(m)(1)) is amended
by inserting ``or an investigation or prosecution regarding a workplace
claim'' after ``prosecution''.
(e) Change of Nonimmigrant Classification.--Section 384(a)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1367(a)(1)) is amended--
(1) in subparagraph (E), by striking ``physical or mental
abuse and the criminal activity'' and inserting ``abuse and the
criminal activity or workplace claim'';
(2) in subparagraph (F), by adding ``or'' at the end; and
(3) by inserting after subparagraph (F) the following:
``(G) the alien's employer,''.
SEC. 3. LABOR ENFORCEMENT ACTIONS.
(a) Removal Proceedings.--Section 239(e) of the Immigration and
Nationality Act (8 U.S.C. 1229(e)) is amended--
(1) in paragraph (1)--
(A) by striking ``In cases where'' and inserting
``If''; and
(B) by inserting ``or as a result of information
provided to the Department of Homeland Security in
retaliation against individuals for exercising or
attempting to exercise their employment rights or other
legal rights'' after ``paragraph (2)''; and
(2) in paragraph (2), by adding at the end the following:
``(C) At a facility about which a workplace claim
has been filed or is contemporaneously filed.''.
(b) Unlawful Employment of Aliens.--Section 274A(e) of the
Immigration and Nationality Act (8 U.S.C. 1324a(e)) is amended by
adding at the end the following:
``(10) Conduct in enforcement actions.--
``(A) Enforcement action.--If the Department of
Homeland Security undertakes an enforcement action at a
facility about which a workplace claim has been filed
or is contemporaneously filed, or as a result of
information provided to the Department in retaliation
against employees for exercising their rights related
to a workplace claim, the Department shall ensure
that--
``(i) any aliens arrested or detained who
are necessary for the investigation or
prosecution of workplace claim violations or
criminal activity (as described in subparagraph
(T) or (U) of section 101(a)(15)) are not
removed from the United States until after the
Department--
``(I) notifies the appropriate law
enforcement agency with jurisdiction
over such violations or criminal
activity; and
``(II) provides such agency with
the opportunity to interview such
aliens; and
``(ii) no aliens entitled to a stay of
removal or abeyance of removal proceedings
under this section are removed.
``(B) Protections for victims of crime, labor, and
employment violations.--
``(i) Stay of removal or abeyance of
removal proceedings.--An alien against whom
removal proceedings have been initiated under
chapter 4 of title II, who has filed a
workplace claim, who is a material witness in
any pending or anticipated proceeding involving
a bona fide workplace claim, or who has filed
for relief under section 101(a)(15)(U), shall
be entitled to a stay of removal or an abeyance
of removal proceedings and to employment
authorization until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after exhaustion of
administrative appeals, whichever is later,
unless the Department establishes, by a
preponderance of the evidence in proceedings
before the immigration judge presiding over
that alien's removal hearing, that--
``(I) the alien has been convicted
of a felony; or
``(II) the workplace claim was
filed in bad faith with the intent to
delay or avoid the alien's removal.
``(ii) Duration.--Any stay of removal or
abeyance of removal proceedings and employment
authorization issued pursuant to clause (i)
shall remain valid until the resolution of the
workplace claim or the denial of relief under
section 101(a)(15)(U) after the exhaustion of
administrative appeals, and shall be extended
by the Secretary of Homeland Security for a
period of not longer than 3 additional years
upon determining that--
``(I) such relief would enable the
alien asserting a workplace claim to
pursue the claim to resolution;
``(II) the deterrent goals of any
statute underlying a workplace claim
would be served; or
``(III) such extension would
otherwise further the interests of
justice.
``(iii) Definitions.--In this paragraph:
``(I) Material witness.--
Notwithstanding any other provision of
law, the term `material witness' means
an individual who presents a
declaration from an attorney
investigating, prosecuting, or
defending the workplace claim or from
the presiding officer overseeing the
workplace claim attesting that, to the
best of the declarant's knowledge and
belief, reasonable cause exists to
believe that the testimony of the
individual will be relevant to the
outcome of the workplace claim.
``(II) Workplace claim.--The term
`workplace claim' means any written or
oral claim, charge, complaint, or
grievance filed with, communicated to,
or submitted to the employer, a
Federal, State, or local agency or
court, or an employee representative
related to the violation of applicable
Federal, State, and local labor laws,
including laws concerning wages and
hours, labor relations, family and
medical leave, occupational health and
safety, civil rights, or
nondiscrimination.''.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act.
|
Protect Our Workers from Exploitation and Retaliation Act or the POWER Act This bill amends the Immigration and Nationality Act to exclude from the definition of "immigrant" a nonimmigrant alien who files a petition for U visa status (set aside for victims of crimes and their immediate family members) if the Department of Homeland Security (DHS) determines that the alien: has suffered abuse or harm as a result of having been a victim of criminal activity; has suffered substantial abuse or harm related to specified labor or employment violations related to a workplace claim (workplace violation); is a victim of specified criminal activity and would suffer extreme hardship upon removal; has suffered a workplace violation and would suffer extreme hardship upon removal; has been helpful in a workplace violation investigation; or has filed, is a material witness in, or is likely to be helpful in the investigation of, a workplace claim and reasonably fears or has been the victim of an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process by the employer. DHS may permit an alien to remain and work temporarily in the United States if the alien: (1) has filed for relief as a victim of crime or of violations of labor or employment laws or regulations; (2) has filed, or is a material witness to, a workplace claim; and (3) has been helpful in a federal, state, or local law enforcement action related to the claim. The bill sets forth workplace claim procedural requirements and protections in an enforcement action leading to a removal proceeding. The bill establishes exceptions to a stay of removal or other specified relief where DHS establishes that: (1) the alien has been convicted of a felony, or (2) a workplace claim was filed in bad faith with intent to delay or avoid the alien's removal.
|
{"src": "billsum_train", "title": "POWER Act"}
| 2,650 | 404 | 0.57066 | 1.743067 | 0.748167 | 3.686813 | 6.206044 | 0.89011 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Revitalize Rural America Act of
2018''.
SEC. 2. REVITALIZE RURAL AMERICA GRANT PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Transportation shall
establish a Revitalize Rural America Grant Program (in this
section referred to as the ``Program'') to facilitate
infrastructure projects in rural areas.
(2) Goals.--The goals of the Program shall be to--
(A) generate regional and national economic
benefits;
(B) improve the safety, efficiency, and reliability
of the movement of people, commodities, and goods;
(C) reduce highway congestion and bottlenecks;
(D) improve connectivity between modes of
transportation;
(E) enhance the resiliency of critical
infrastructure;
(F) improve infrastructure vital to national energy
and food security;
(G) increase access to reliable high-speed
internet; and
(H) improve the health and vitality of rural
communities.
(b) Grant Authority.--
(1) In general.--In carrying out the Program, the Secretary
may make grants, on a competitive basis, to public and private
entities in accordance with this section.
(2) Limitations.--
(A) Location.--The Secretary may only make a grant
under the Program for a project carried out in a rural
area (as such term is defined in section 117(i)(3) of
title 23, United States Code).
(B) Amount.--The aggregate amount of grant funding
that the Secretary may provide under the Program for an
individual project may not exceed $40,000,000.
(c) Applications.--To be eligible for a grant under the Program an
entity shall submit to the Secretary an application in such form, at
such time, and containing such information as the Secretary determines
is appropriate.
(d) Eligible Projects.--The Secretary may make a grant under the
Program for a project that is--
(1) a highway or bridge project carried out on the National
Highway System;
(2) a highway freight project carried out on the National
Highway Freight Network established under section 167 of title
23, United States Code;
(3) a drinking water or wastewater project;
(4) a telecommunications project;
(5) a project for flood control or waterborne navigation;
or
(6) a project related to the electric grid.
(e) Eligible Project Costs.--Grant amounts received for a project
under the Program may be used for--
(1) development phase activities, including planning,
feasibility analysis, revenue forecasting, environmental
review, preliminary engineering and design work, and other
preconstruction activities; and
(2) construction, reconstruction, rehabilitation,
acquisition of real property (including land related to the
project and improvements to the land), environmental
mitigation, construction contingencies, acquisition of
equipment, and operational improvements directly related to
improving system performance.
(f) Project Requirements.--The Secretary may select a project for
funding under the Program only if the Secretary determines that--
(1) the project will generate national and regional
economic, mobility, or safety benefits;
(2) the project will be cost effective and have a
measurable return on investment;
(3) the project will contribute to the accomplishment of
one or more of the goals described under subsection (a)(2);
(4) the project is based on the results of preliminary
engineering;
(5) with respect to related non-Federal financial
commitments--
(A) one or more stable and dependable sources of
funding and financing are available to construct,
maintain, and operate the project; and
(B) contingency amounts are available to cover
unanticipated cost increases;
(6) the project cannot be easily and efficiently completed
without Federal funding or financial assistance available to
the project sponsor; and
(7) the project is reasonably expected to begin
construction not later than 18 months after the date of
obligation of funds for the project.
(g) Priority Consideration.--In making a grant under the Program,
the Secretary shall give priority to--
(1) a project for which non-Federal contributions exceed 25
percent of the costs of the project; and
(2) a project in an area with an unemployment rate that
exceeds the national average.
(h) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of a project assisted with a grant
under the Program may not exceed 75 percent.
(2) Maximum federal involvement.--Federal assistance other
than a grant under the Program may be used to satisfy the non-
Federal share of the cost of a project for which such a grant
is made, except that the total Federal assistance provided for
a project receiving a grant under the Program may not exceed 80
percent of the total project cost.
(i) Consultation.--In carrying out the Program, the Secretary shall
consult with the heads of other Federal departments and agencies as
appropriate.
(j) Congressional Notification.--
(1) Notification.--
(A) Requirement.--At least 60 days before making a
grant for a project under the Program, the Secretary
shall notify, in writing, the Committee on
Transportation and Infrastructure, the Committee on
Agriculture, and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Environment and Public Works, the Committee on
Agriculture, Nutrition, and Forestry, and the Committee
on Commerce, Science, and Transportation of the Senate
of the proposed grant.
(B) Contents.--A notification under subparagraph
(A) shall include an evaluation and justification for
the relevant project and the amount of the proposed
grant award.
(2) Congressional disapproval.--The Secretary may not make
a grant or any other obligation or commitment to fund a project
under the Program if a joint resolution is enacted disapproving
funding for the project before the last day of the 60-day
period described in paragraph (1).
(k) Reports.--
(1) Annual report.--The Secretary shall make available on
the website of the Department of Transportation at the end of
each fiscal year an annual report that lists each project for
which a grant has been provided under the Program during that
fiscal year.
(2) Comptroller general.--
(A) Assessment.--The Comptroller General of the
United States shall conduct an assessment of the
administrative establishment, solicitation, selection,
and justification process with respect to grants under
the Program.
(B) Report.--Not later than 1 year after the
initial awarding of grants under the Program, the
Comptroller General shall submit to the Committee on
Transportation and Infrastructure, the Committee on
Agriculture, and the Committee on Energy and Commerce
of the House of Representatives and the Committee on
Environment and Public Works, the Committee on
Agriculture, Nutrition, and Forestry, and the Committee
on Commerce, Science, and Transportation of the Senate
a report that describes--
(i) the adequacy and fairness of the
process by which each project selected for a
grant under the Program was selected; and
(ii) the justification and criteria used
for the selection of each such project.
SEC. 3. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
(a) STP Set-Aside.--Section 133(h) of title 23, United States Code,
is amended--
(1) by striking paragraphs (2) through (7); and
(2) by adding at the end the following:
``(2) Use of funds.--Funds reserved under paragraph (1)
shall be used by the Secretary to carry out and make grants
under the Revitalize Rural America Grant Program.''.
(b) Treatment of Projects.--Section 133(i) of title 23, United
States Code, is amended by striking ``(excluding those carried out
under subsection (h)(5))''.
SEC. 4. ADDITIONAL FUNDING FOR REVITALIZE RURAL AMERICA GRANT PROGRAM.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the Revitalize Rural America Grant Program
(established under section 2 of this Act) $1,301,785,760 for each of
fiscal years 2019 and 2020.
(b) Capital Investment Grants.--Section 5338(d) of title 49, United
States Code, is amended by striking ``through 2020'' and inserting
``through 2018 and $1,000,000,000 for each of fiscal years 2019 and
2020''.
|
Revitalize Rural America Act of 2018 This bill requires the Department of Transportation to establish a Revitalize Rural America Grant Program to facilitate infrastructure projects in rural areas. Priority must be given to projects for which nonfederal contributions exceed 25% of the costs of the project and projects in an area with an unemployment rate that exceeds the national average. The bill requires that the set-aside of funds for states under the surface transportation block grant program be used for the Revitalize Rural America Grant Program.
|
{"src": "billsum_train", "title": "Revitalize Rural America Act of 2018"}
| 1,852 | 104 | 0.590921 | 1.408358 | 0.721963 | 3.880435 | 18.684783 | 0.902174 |
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